Under Relatively Centralized Administrative Punishment Right In Urban Management In Liaoning Province

Original Language Title: 辽宁省城市管理相对集中行政处罚权规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368178.shtml

Under relatively centralized administrative punishment right in urban management in Liaoning province

    (November 30, 2011 52nd Executive meeting of Liaoning province by Liaoning Provincial Government order No. 268, published since December 15, 2011 as of February 1, 2012) first in order to strengthen urban management, standardize and promote the work of relatively centralized administrative punishment right in urban management, improve the efficiency of administration of the city, according to the People's Republic of China on administrative punishment law and the relevant provisions of the State Council, according to province, this provision is enacted.

    Article the province relatively centralized administrative punishment right in urban management in the administrative area, these provisions shall apply. Article cities and counties (including County-level cities, the same below) Government leaders within their respective administrative areas of relatively centralized administrative punishment right in urban management.

The city administration of city and county governments set up administrative law-enforcement organs, performing relatively centralized administrative punishment right in urban management duties according to law.

    City urban administrative enforcement authority responsible for the relatively centralized administrative punishment right in urban management of operational guidance. Fourth government legal departments are responsible for city and County urban management power of relatively concentrated administrative punishment declared auditing power of relatively concentrated administrative punishment and the work of the Organization, coordination, guidance and oversight.

Provincial establishment, finance, housing and urban-rural construction, public security, industry and commerce, environmental protection and other sectors in accordance with their respective responsibilities, to do the power of relatively concentrated administrative punishment of related work.

    City and County government legal departments specifically responsible for guiding and regulating the management power of relatively concentrated administrative punishment within the administrative area of the city.

Fifth of municipal and county governments relatively centralized administrative punishment right in urban governance, by the level of Government make an application in accordance with the relevant provisions of the State Council and provincial, provincial government for approval.

    Without the approval of provincial governments are not allowed to work relatively centralized administrative punishment right in urban governance. Sixth city, approved by the County Government in the area and carried out within the relatively centralized administrative punishment right in urban management.

Required adjustments to approved areas and scope of, resume reporting procedures.

    City and county governments to establish urban governance relative-centralized administrative punishment right safeguard mechanism and requirements included in the present budget, consists of full financial protection.

Seventh of municipal and Government relatively centralized administrative punishment right in urban governance should be included in the performance appraisal system, establish administrative accountability and performance management systems.

    Power of relatively concentrated administrative punishment in city management achieved positive results of work units and individuals, provincial, municipal and provincial government legal departments to be commended.

Eighth after the relatively centralized administrative punishment right, the Administration Department shall not continue to exercise; continue to exercise, its administrative decision is invalid.

    Administrative departments shall not because of relatively concentrated administrative punishment right and changed or abandoned shall perform other administrative and supervisory duties.

    Nineth administrative law enforcement organs should be urban management enforcement mandate standards basis, law enforcement, penalties and enforcement procedures to the public.

    Tenth city administration of administrative law enforcement law enforcement accreditation, legal training, regular rotation and the fault responsibility investigation system of law enforcement, strengthen the team construction and improve the political and professional quality of law enforcement personnel.

    11th city management and administration, law enforcement agencies should regulate the exercise of discretion of administrative penalty, establish reference system and precedent system and description of administrative penalty system.

    12th urban administration authorities establish and improve reporting and complaint systems, timely investigation and handling of citizens, legal persons and other organizations reflect the law enforcement of illegal or inappropriate behavior and informed reporting, the complainants of the outcome. 13th city management and administration, law enforcement agencies and law enforcement disputes between the administrative departments concerned, resolved by mutual agreement. Consultations did not agree to the same level of government sector, coordinated by the level the Government legal departments to solve belonging to different levels of government departments, coordinated by the superior Department belongs to the Department of Legal Affairs of the Government to solve.

    Coordination could not be agreed, shall be reported by the Government Legal Department responsible for coordinating the Government ruling.

14th article city management administrative law enforcement organ and housing urban and rural construction, and police, and business, and environmental, about administration sector Zhijian carried out law enforcement collaboration, comply with following provides: (a) about administration sector in administration in the made of and relative concentrated administrative punishment right work related of administrative approval, and administrative license, decided, in released or served instruments of day up 3rd within CC city management administrative law enforcement organ, and for its check out or copy about file information provides convenience; 

(Ii) about administration sector in administration activities in the, found should by city management administrative law enforcement organ implementation administrative punishment of, should timely notification or transfer, city management administrative law enforcement organ should accepted; (three) city management administrative law enforcement organ in implementation administrative punishment process in the, need on relative people made this organ jurisdiction permission yiwai of administrative processing decided of, should notification or transfer about sector, about sector should timely law processing;

(Four) city management administrative law enforcement organ in implementation administrative punishment process in the, need units for technology identification, and assist survey or assist implementation of, units should be assist and tie; (five) city management administrative law enforcement organ on party not made about administrative approval, and administrative license or not by administrative approval, and administrative license implementation of violations made administrative punishment decided of, in served instruments of day up 3rd within CC about administrative approval, and administrative license implementation sector.

    Power of relatively concentrated administrative punishment approved work of city and county governments should strengthen the construction of e-Government, and gradually realize the city administration and law enforcement information-sharing between the administrative departments concerned.

15th city management and administration, law enforcement agencies and law enforcement personnel in law enforcement activities, the following specifications: (a) to perform their statutory duties, shall not exceed, abuse or failure to comply, (ii) at the time of investigation or inspection, administrative law enforcement personnel shall be at least two persons and parties produce uniformly made the provincial government's administrative law enforcement documents;

(C) the instrument specifications, neatly identifying unified, the term civilization (iv) fully listen to the parties ' statements and pleadings, the facts, reasons and evidence submitted by the parties should be reviewed, not because the parties ' representations and aggravating; (v) finds violations, it shall order the parties to correct or rectify, shall not be replaced by a fine to correct violations;

(F) the offence minor and corrected in a timely manner, without harmful consequences, no administrative penalty;

(G) impose administrative penalties must be based on the facts, facts, nature and seriousness of the violations and the harm;

    (VIII) other laws, regulations, rules and regulations of administrative law enforcement code of conduct. 

    16th city administrative access to on-site inspections or investigations by law enforcement agencies, through audio, video, photography, check out, copy the relevant information, collect evidence from the parties and persons concerned, relevant units and individuals shall cooperate.

    17th public security organs should support and protect urban administrative law-enforcement agencies to perform their duties, to violence, threats or any other means impeding the urban management of administrative law enforcement personnel shall carry out their duties, they shall be processed and may not be handled as a civil dispute.

18th a citizen, legal person or other organization is not satisfied with the city administration of specific administrative acts to the authorities, may apply for administrative reconsideration or bring an administrative suit.

    County urban administrative enforcement authority an application for administrative reconsideration of a specific administrative act made and accepted by the County Government, city administration, or law enforcement agencies; the city urban administrative enforcement authority an application for administrative reconsideration of a specific administrative act made and accepted by the municipal or provincial governments.

19th city management and administration, law enforcement agencies and the Chief law enforcement officers of any of the following acts, by their work units or administrative supervision departments directly in charge of personnel and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) has no legal basis or in compliance with statutory procedures impose administrative penalties;

(B) cannot reason or violation of legal procedures without changing the administrative penalty decisions that have been made;

(C) impose administrative penalties or not making legal instruments without the use of legal instruments;

(D) harassment, verbal abuse, threats, beatings or abetting others beaten party;

(E) withholding or misappropriating, privately divide or disguised cases of unauthorized partition of attachment, arrest, confiscation of property;

(F) requested, the receiving party and its close relatives or property;

(VII) non-statutory obligations requires a party to;

    (VIII) other acts of abuse of authority, dereliction of duty, favoritism and other law enforcement.

    20th city administration violation of administrative law enforcement agencies carry out their duties, cause moral damage by the Parties shall be in the context of tort actions, for the parties to remove, rehabilitate and an apology; causing serious consequences and pay the appropriate moral damage compensation.

    21st city management and administration, law enforcement agencies and relevant administrative departments in violation of the rules, refusing to discharge the responsibilities of law enforcement collaboration, be corrected by the level of Government in serious or causing significant losses, according to the relevant provisions of the relevant persons and persons directly responsible shall be given administrative sanctions.

    22nd of municipal, County Government in accordance with the provincial government approval of developing power of relatively concentrated administrative punishment, it should be corrected in a timely manner; uncorrected, the provincial Government Department of Legal Affairs a rectification; overdue correction, by the provincial government to cancel relative-centralized administrative punishment right and lawfully investigate the relevant personnel of administrative responsibility.

    23rd management power of relatively concentrated administrative punishment in the area of the city, with reference to these provisions. 24th article of the regulations come into force on February 1, 2012.