Yinchuan City, County Administrative Departments Entrusted Township People's Government Law Enforcement Agencies To Exercise The Right To Part Of The Administrative Law Enforcement Regulations

Original Language Title: 银川市市县人民政府行政执法部门委托乡镇人民政府执法机构行使部分行政执法权管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351918.shtml

Yinchuan city, county administrative departments entrusted Township people's Government law enforcement agencies to exercise the right to part of the administrative law enforcement regulations

    (March 24, 2011, yinchuan, people's Government of the 72nd General session by March 24, 2011, people's Government of yinchuan, 1th promulgated as of April 10, 2011) first to strengthen the Township administrative law enforcement functions, improve the ability of township people's Government public administration, standardize Township people's Government law enforcement agencies entrusted with administrative enforcement action, in accordance with the People's Republic of China on administrative punishment law, combined with the city's actual, these provisions are formulated.

Second article this provides by said City County government administrative law enforcement sector delegate law enforcement is refers to city, and County (city, and district) Government related law enforcement sector (following referred to "delegate organ"), will its exercise of part administrative law enforcement right delegate to township government administrative law enforcement institutions (following referred to "by delegate organization") exercise, by delegate organization to delegate organ of name foreign implementation administrative law enforcement behavior (following referred to "delegate law enforcement behavior"), its law enforcement behavior by produced of legal consequences by delegate organ bear legal responsibility of activities.

    The entrusted organization shall meet the conditions provided for in the administrative punishment law, the 19th.

Article can delegate authority for township law enforcement establishments in food safety monitoring, population and family planning, environmental protection, rural roads, water supply, land, agriculture and animal husbandry management delegate some administrative law enforcement power to towns in the area of administrative law-enforcement agencies.

Delegate agencies commissioned law enforcement matters listed in the preceding paragraph, law enforcement based on the limits and administrative penalty prescribed by this Schedule shall prevail.

    Entrusted organization should be strictly in accordance with the provisions of the terms of reference established by the exercise of administrative power.

    The fourth related to entrusted organization shall establish a sound working system, under guidance and supervision of the entrusted authorities, with the principal bodies of administrative law enforcement activities. Fifth principal organ entrusted with the Organization shall enter into a written administrative enforcement powers of attorney.

Administrative instructions should include the following:

(A) entrust the Authority's name, address, legal representative;

(B) entrusted with the Organization's name, address, legal representative;

(C) delegate enforcement activities the basis, scope, types, permissions and terms.

Power of attorney should be according to the principle of administrative law enforcement authorities and different bodies prior to review by the city and County legal system, delegate authority and was signed after 15 daily superior administrative departments.

    Entrusted organization entrusted to enforcement, it may not delegate any other organization or individual delegates enforcement actions. Sixth law enforcement personnel entrusted with the Organization shall be subject to examination, administrative law-enforcement certification before they can engage in law enforcement activities.

    Commissioned by the entrusted organization shall organize the participation of law enforcement officers or Government legal organization of legal knowledge and business skills training.

    Seventh was entrusted with the Organization in the context of delegated authority to investigate illegal acts should follow fair and open principles, adhere to combination of punishment and education, strict compliance with statutory procedures adequately protect the management right of the person, the right to defence and the right to relief.

    Eighth article was entrusted with the Organization in the context of delegated authority shall establish a system of administrative penalty discretion benchmark, based on the facts of the violation, the nature, circumstances and harm administrative penalties as appropriate.

The Nineth was entrusted with the Organization of administrative penalty made on the spot decided by law, should be made of the date of the decision on administrative penalty within the 5th delegate authority for the record.

    Entrusted with the organization within the delegated authority in accordance with the general procedures administrative punishment decision, administrative penalties in the 15th after closing the file should be transferred to the principal organs.

    Tenth entrusted organization under delegated authority in investigating offences and found illegal plot heavy, proposed penalty exceeds the amount of commissioned law enforcement powers, timely transfer of principal organs should be dealt with according to law.

    11th article is commissioned to investigate and penalize illegal behavior should be used uniformly by legal instruments, administrative fines charged by that income must be strictly enforced "penalty payment of separation", "two lines of income and expenditure" management system, unified turned over to the State Treasury. 12th principal organ entrusted with the Organization of administrative law enforcement supervision and management, found that the problem corrected and processed in a timely manner. Trust law enforcement of inappropriate or illegal behavior be corrected or removed.

    Commissioned by the delegates organize is no longer fit to carry out law enforcement and entrusted authorities to decide to suspend or terminate the principal enforcement activities.

    13th, was entrusted with the Organization of law enforcement personnel with the Ningxia Hui autonomous region, law enforcement regulation article 23rd, 24th article, suspension or cancellation of its law enforcement documents according to law; illegal or improper acts of administrative enforcement, shall be subject to accountability. 14th Township people's Government administrative law-enforcement agencies during their routine inspections found does not belong to delegate enforcement powers within the scope of illegal acts and should be halted, and promptly report to the relevant law enforcement authorities.

    Relevant law enforcement authorities should be processed in a timely manner, administration and processing result feedback Township people's Government law enforcement agencies.

    15th the provisions come into force on April 10, 2011.

Annex: list of commissioned Township portion of the exercise of enforcement powers of law enforcement agencies
┌──┬────┬───┬──────────────────────┬─────────────────┐
Delegate to a │ order │ │ │ │ legal matters of administrative law enforcement and permissions delegate specific matters and administrative law enforcement rights │
│    │        │政机关│                                            │                                  │
├──┼────┼───┼──────────────────────┼─────────────────┤
││││ Of the People's Republic of China Food Safety Act │ daily, catering food hygiene supervision and inspection │          │││ │ 84th, in violation of the provisions of this law, unauthorized food │ power, the offence shall be ordered to correct power.

│││ │ Production and business activities, or food additives │ two-without permission, without permission, without authorization in cooking by │
│ │ │ Food safety 1 (City) │, by the competent authorities in accordance with their respective responsibilities, confiscate the illegal │ camp, confiscation illegal obtained and used illegal │
│ │ Regulatory administrative │ │ food gains, illegal production and management of food, food additives and used against │ Ying's tools, equipment, raw materials and other items, according to │                Administrative │ │ │ │ penalty law production and operation of tools, equipment, raw materials and other goods │ illegal production section and a fine 2000.

│ │││ Management and operation of food, food additive value of less than 10,000 yuan, │ three, according to the law, administrative punishment Super │
│ │││ Departments and more than 2000 Yuan and fined a maximum of 50,000 yuan; the value of 10,000 yuan │ delegated authority, to investigate the case and evidence │  ││││ Or more, five times more than double the amount in value terms and fined a maximum of 10 times.            │ Later transferred to delegate authority.

├──┼────┼───┼──────────────────────┼─────────────────┤
││││ The maintenance and management of rural highway construction in yinchuan city Ordinance │, rural roads and highway land law │
││││ 30th in rural roads and Highways within the day-to-day supervision and inspection rights, violations against │ order │                          │    │        │      │下列行为:                                  │改正权。

││││ (A) set off highway signs │ II, rural roads and highways used range │
│ │││ County (b) setting a shed, stalls set up here; │ the following acts shall be ordered to correct and give a warning; more than │
│││ (City) │ │ (c) dumping, piled up garbage, debris, and other non-highway │ does not correct it, impose a fine of 100 Yuan: │
│    │        │  区  │护施工材料;                                │   (一)设置棚屋,摆摊设点;     │
│ 2 │ │ │ traffic these roads (d) rocks or soil, composting, sewage disposal, digging road │ (b) dump, piled up garbage, debris and │
│ │ │ │ Executive administrative penalty water │ his non-highway maintenance and construction materials │
│ │││ Management (e) cleaning, drying grain │ (c) gravel, soil, composting, belch │
│    │        │ 部门 │   (六)擅自设置路障;                     │水、挖路引水;                    │
││││ (VII) destruction of trees, traffic safety signs │ (d) cleaning, drying grain │
││││ (VIII) other highway and road damage, pollution-free │ (v) unauthorized roadblocks; │                                      │    │        │      │活动。
│ (Vi) trees destroyed traffic safety signs │
30th ││││ 37th in violation of this Ordinance (ii) │ to (VII) other road damage, pollution and impact │                  ││││ (VII) provision, change from traffic Administration Department shall order │ traffic activities.

││││ Is given a warning; it fails, fined 100 Yuan │ three, according to the law, administrative punishment Super │                          ││││ 1000 Yuan fine.
│ Delegated authority, to investigate the case and evidence │ │    │        │      │                                            │后,移交委。          Supporting agencies.

├──┼────┼───┼──────────────────────┼─────────────────┤
│ ││││ The population and family planning work under the State Council Ordinance, for failing to implement the plans of the floating population and health ¦
││││ 15th, the employer shall do this floating population │ Yu rewards, preferential treatment, do not accept home │
││││ Family planning work, implementation of laws and regulations and in accordance with law regulations flow │ (town) people's Governments or neighborhood offices and County │
││││ Population family planning reward and privileges, accepting the seat of Xiang │ family planning departments of people's Governments at or above the │
││││ (Town) │ or sub-district offices and the people's Governments above the county level people to supervise and inspect the floating population of employers order │                  │ │││ County population and family planning departments of the Government to supervise and inspect "; │ corrections, criticism.

│││ (City) │ 24th employer contravening this Ordinance section 15th │ b, conceal, misrepresent my fertility, on pain of │
│ │ │ │ And meter of the population, the local people's Governments at the county level population and family planning departments │ provisions against fertility pregnancy or childbirth, according to plot │                        │ 3 │ │ program │ fertility tube ordered corrective action and informed criticism.                  │ Fined 3000 Yuan fine.

│ │ │ Fertility of the Executive Department │ │ III of the Ningxia Hui autonomous region, population and family planning regulations, in line with growth conditions and did not apply to the │
Administrative │ │ │ │ fined 59th in line with regeneration │ reproductive condition without applying for the birth certificate of the husband and the child was born did not fill │
│ │││ Management education certificate for couples, should their children before birth, and the reproductive │ the birth certificate, according to circumstances, impose on 500 │                          │ │││ Department certificate; fails to go through, the County (city, district) population and planning │ Yuan fine.
│ ││││ Fertility administration fined 500 Yuan more than 1000 Yuan fine.
│ Four, shelter or cover up others to violate the maternity provisions │
││││ 64th conceal, misrepresent my fertility or capacity │ pregnancy or childbirth, according to circumstances, impose on 3000 │ │    │        │      │留、包。                            Kinabalu others violates the provisions maternity pregnancy or child-birth, │ fines.

││││ Population and family planning Administration Department or other relevant departments shall impose │ three and five, according to the law, administrative punishment Super │                  ││││ Thousand Yuan and 10,000 yuan fine.
│ Delegated authority, to investigate the case and evidence │            │    │        │      │                                            │后,移交委托机关处理。

├──┼────┼───┼──────────────────────┼─────────────────┤
│    │        │      │《中华人民共和国大气污染防治法》            │                                  │
││││ 41st in population centers and other legally required │ │
││││ Within the special protection area, and a ban on the burning asphalt, linoleum, rubber, day-to-day supervision of violations of environmental protection, │ │      ││││, Leather, plastic waste, and other poisonous smoke and evil │ inspection rights, violations shall be ordered to correct the right.
│                              ││││ Stinking gaseous substances.
│ B, in populated areas and other legally required │
│ │││ City prohibited in populated areas, around the airport, transport links │ special protection area, burning asphalt, │
│││ │ Nearly as well as the local people's Governments at the County designated the area open burning straw, Luo │ linoleum, rubber, plastics, leather, trash violations │                    │││ (City) │ materials produce dust pollution.
│, Ordered to stop the illegal practice, the plot Department │                │ │ │ Resources │ environment the 57th paragraph of regulation violation of the 41st ¦ to 1000 Yuan fine.

│ │ │ │ Protection 4 protection, and in populated areas and other areas that need special protection by law │ III, in a concentrated area, around the airport, │
│ │ │ │ Executive within the domain of administrative punishment, burning of bitumen, rubber, plastics, leather, refuse to │ transport links nearby, and the local people's Governments designated │
│ │││ Management and other poisonous smoke and odor substances, │ region leaves open burning straw shall be ordered to stop │
│││ Sector │ │ the Department of local people's Governments above the county level responsible for environmental protection violations, according to circumstances, impose penalties less than 200 Yuan │      ││││ Ordered to desist from the illegal act, fined a maximum of 20,000 yuan.                              │.

││││ Violation of the 41st of article, in the densely inhabited │ four, according to the law, administrative punishment Super │
││││ Area, around the airport, transport links nearby and the local home │ delegated authority, to investigate the case and evidence │            ││││ House within the designated area of open burning straw and leaves dust pollution after │ transferred to delegate authority.

││││ Dye material, by the local people's Governments at and above the County environment │ │
││││ Protection of the competent administrative authority shall order to stop the illegal practice in serious │ │                  ││││, May be fined a maximum of 200 Yuan.
│                                  │
├──┼────┼───┼──────────────────────┼─────────────────┤
│    │        │      │《宁夏回族自治区水工程管理条例》            │                                  │
││││ 27th within the project management, prohibit the following line of │ │
│    │        │      │为:                                        │                                  │
││││ (A) chop mouth, blasting, built kilns, tombs, wells, open │, day-to-day supervision of water management violations │      ││││ Mine, building houses and doing other construction activities; │ inspection rights, right of offence shall be ordered to correct.

││││ (B) disposal of sand and silt, deposited items, dumping of garbage, │ b, on water projects within the scope of the following violations │
││││ Waste, tailings, buried objects for polluted water; │, shall be ordered to correct the violations, to take remedial measures │
││││ (C) damage to water projects and observation, communications, electricity, photo │ Shi, confiscate the illegal income, you can follow the plot and │
│ │││ County out, traffic, fire fighting and other ancillary facilities │ 1000 Yuan fine: │
│││ (City) │ │ (d) in the area, flood, lakes, dams or canals │ (a) kiln, built Tomb, dig; │
│││ │ Di effects on flood storage and flood activity; │ (b) disposal of sand and silt, deposited items, │
│ │ │ │ Water management water (v) sewage discharge into the waters of more than national standards, explosives │ dump garbage, waste, tailings, burying polluted │
¦ 5 administrative penalties administrative │ │ bombing, poisoning, electric shocks, or dam, including fishing activities; │ object, │
│ │││ Management (six) in sluice bridge work, measuring bridges, aqueducts, water without pavement │ (c) damage to water projects and observation, through │ │ │││ Department crest on top of the dyke, heavy vehicles.
│ However maintains water works vehicles, power supply, lighting, traffic, fire fighting and other ancillary located │
│    │        │      │除外;                                      │施;                              │
││││ (VII) operate project equipment without authorization or access to water; │ (d) sluice bridge, bridge, crossing the water logging │ ││││ (VIII) other water projects or endanger water │ tank, no crest on top of the dyke, heavy vehicles on the roads.
│                                  │    │        │      │全的行为。
│ Three, according to the law, administrative punishment Super │
27th ││││ 44th in violation of this Ordinance, 20th │ delegated authority, to investigate the case and evidence │            ││││ Provisions of the second paragraph of article eight, 29th, above the county level people after │ transferred to delegate authority.

││││ The Government's water administration department or autonomous regions by the water conservancy administrative departments │ │
││││ Is a project management body ex officio shall be ordered to correct the violations, │ │
││││ To take remedial measures, confiscation of illegal earnings, may be 50,000 yuan │ │                                  │    │        │      │以下罚款。
│                                  │
├──┼────┼───┼──────────────────────┼─────────────────┤
│    │        │      │《基本农田保护管理条例》                    │                                  │
││││ 32nd in violation of the provisions of this Ordinance, destruction, or allowed │ │
││││ Change the sign of the basic farmland protection zones, local people at or above the county level │ │
││││ Land administrative departments of the Government or administrative authorities shall order │ │            ││││ Restitution may be fined a maximum of 1000 Yuan.
│                                  │
│    │        │      │《中华人民共和国土地管理法》                │                                  │
││││ 74th in violation of the provisions of this law, land to build kilns, │ │
││││ Built Tomb or building on land without permission, sand-digging and quarrying, mining, │ │
││││ Soil, destruction of growing conditions or soil is due to land development │ │
││││, Desertification, salinization, the people's Governments above the county level land │ │
││││ Government authorities shall order within a time limit or control, and punish │ │          Paragraph ││││ constitutes a crime, criminal responsibility shall be investigated according to law. │                                  │
│    │        │      │《宁夏回族自治区土地管理条例》              │                                  │
││││ 73rd under any of the following acts, in accordance with the illegal │ │
│    │        │      │用土地处罚:                                │                                  │
││││ (A) unauthorized or │ impostors, false, day-to-day supervision of land management violations │      ││││ Packs and other means of obtaining approval of the land; │ inspection rights, right of offence shall be ordered to correct.

││││ (B) in excess of the approved amount or not in accordance with the approved location │ b, destruction or unauthorized proud basic farmland conservation │
││││ Land use; │ protection signs, and ordered to make restitution, and in accordance with the │
│││ │ (C) land use right according to law to recover, refused to return the land plot │ fined 1000 Yuan fine; │
│    │        │  县  │的;                                        │    三、对土地管理范围内的下列违法│
│││ (City) │ │ (d) the expiry of the temporary use of land, and fails to return, nor do │ Act, rectification or governance, and may be │
¦ 6 ¦ land administration land continued procedure; │ according to circumstances, impose fines less than 2000 Yuan: │              │ │ │ │ Executive on administrative penalties (five) other illegally occupied land.
│ (A) land to build kilns, graves built or allowed │
│││ │ Unauthorised renovation, alteration, in the allocation of land spread │ building on farmland, sand-digging and quarrying, mining, take │    │ │││ Department buildings, structures, be punished as illegal occupation of land.
│ Soil, damaging plant conditions; │
││││ Units and individuals illegally occupying land, above the county level people │ (b) rural villagers without approval or bullying │
││││ Administrative Department is ordered to return the illegal occupation of Government land, the lands, │ cheat fraudulently approved illegal land residence │                              ││││ For violation of land use overall plan of unauthorized use of agricultural land to │.

││││, Dismantle the buildings built on illegally occupied land │ four, according to the law, administrative punishment Super │
││││ And other facilities, restore land undisturbed, to comply with the overall land use │ delegated authority, to investigate the case and evidence │            ││││ Planning, on the confiscation of illegally occupied land after the new buildings and │ transferred to delegate authority.

││││ Other facilities; and illegally occupied land as basic farmland │ │
││││ Square meters in ten to 30 yuan, farmland, forestland from five to two per square meter │ │
││││ Ten Yuan, the other two to ten yuan per square meter of land and impose a fine for non-│ │
││││ Occupies land to the direct responsible person in charge and other direct │ │
││││ Persons shall be given administrative sanctions constitutes a crime according to │ │                            Criminal ││││ law.
│                                  │
││││ Illegal use or prohibition of land use defined in the General plan │ │
││││ Reclamation of wasteland, barren hills, wasteland reclamation in the region, ordered to change │ │      ││││; Fails to make corrections, in accordance with the provisions of the preceding paragraph.
│                                  │
││││ Villagers have occupied land illegally built house or other building │ │
││││ Of buildings and structures, is ordered to return the illegally occupied land, limit │ │
││││ Dismantle the illegal occupation of land on new housing or other buildings │ │                                │    │        │      │物、构筑物。
│                                  │
Quantity of ││││ exceeded the approved land to illegal occupation of land │ │                              ││││ Land and punished as such.
│                                  │
├──┼────┼───┼──────────────────────┼─────────────────┤
│    │        │      │《中华人民共和国种子法》                    │                                  │
││││ 60th in violation of the provisions of this law, any of the following acts │ │
││││, The Department of agriculture, the people's Governments above the county level forestry administration │ │
││││ Order correction, seeds and confiscated illegal income and imposed illegal gains a │ │
││││ More than double the penalty of three times; no illegal income, and fined 1000 │ │
││││ Yuan and 30,000 yuan fines; you can revoke the law-types of │ │
││││ Seed production or business license constitutes a crime, │ │
││││ Criminal liability: │, farmers manage the day-to-day supervision of the violation │      ││││ (A) lack of seed production or fabricate, change │ inspection rights, right of offence shall be ordered to correct.

││││, Buy, lease, seed production, or no seed │ II, agriculture and animal husbandry in accordance with the management within the scope of the following violations │
││││ Production permit production of seeds; │, shall be punished as follows: │
││││ (B) did not get the seed business permit, fabricate, change │ (a) is not made in seed production, operating licenses │
││││, Buy or lease the seed business permit, or not in accordance with the seed │ certificate, or forge, alter, buy or lease the seeds │                Business licenses require the seed ││││.
│ Production, business, card, seeds and confiscated illegal │
││││ 62nd in violation of the provisions of this law, any of the following acts │ proceeds, according to circumstances, impose illegal gains more than 1 time │
││││, The people's Governments above the county level agricultural and forestry administrative departments │ below 1000 Yuan fine; no illegal proceeds, │
││││ Or administration of industry and Commerce ordered corrective action and fined 1000 │ above 1000 Yuan fine │
││││ Fined 10,000 Yuan: │ (b) operation should package without │
││││ (A) management should be packed without package; │ packaging, operating within the seed does not have a label or a label of │
││││ (B) operating the seed no label or tag content │ capacity does not meet the requirements of the seeds Act, order it to make corrections │
│ │││ County this law; │ is, according to circumstances, impose on 1000 Yuan fine │
│││ (City) │ │ (c) forging, altering │ labels, inspection or test data (c) operation is not attached with the product quality inspection │
│││ │; │ Certificate and labels, as well as production license, │
│ │ │ │ Farm management agriculture and animal husbandry 7 (iv) is not made according to the regulations, │ save seed production and management document number, product quality standards feed, the feed Add │
│ │ │ │ Executive administrative punishment case; │, additive, ordered to desist from the illegal act, confiscate the illegal │
│ │││ Management (v) seed control operators to set up branches in different places is not │ products and illegal gains, according to circumstances, impose on │                                  │ │││ Department for the record.
│ Illegal income below 1 time penalty not exceeding 1000 │
│    │        │      │《饲料和饲料添加剂管理条例》                │款;                              │
││││ 25th in violation of the provisions of this Ordinance, operate without │ (d) feed, feed additives and packaging or │
││││ Product quality inspection certificate and product labeling, and no production license, │ shall attach a label does not meet the, ordered │
Quality standard for ││││ approval number, feed, feed additives, │ rectification fails to make corrections, shall be ordered to stop selling, │
││││ By the local people's Governments at or above the county level feed management departments shall be ordered to stop │ according to plot the illegal income 1 time not exceeding │
││││ Camp, confiscation of illegal products and illegal income, and may be contrary to the │ 1000 Yuan fine; │                       ││││ Method 1 time times the fine.
│ (E) production and sales without a registration certificate │
││││ 26th fodder, feed additives, packaging does not meet │ fertilizer or fake, fake fertilizer registration certificate, │
││││ 14th stipulated in these regulations, or label does not meet the │ remember card number, shall be ordered to desist from the illegal act, in accordance with the │    ││││ Section 15th of the provision, by the local people's Governments at or above the county level │ Festival in a warning and fined a maximum of 1000 Yuan.

││││ Feed management rectification; it fails to order │ three, according to the law, administrative punishment Super │     ││││ To stop selling can be fined not more than the illegal income 1 time.
│ Delegated authority, to investigate the case and evidence │            After the regulation on fertilizer registration │ ││││ transferred to delegate authority.

││││ 27th, one of the following circumstances, above the county level │ │
││││ Agricultural administrative departments in a warning, and 3 times the illegal proceeds to │ │
││││ Boilerplate, but shall not exceed a maximum of 30000 Yuan; no illegal proceeds │ │
│    │        │      │的,处10000元以下罚款:                     │                                  │
│    │        │      │    (一)生产、销售未取得登记证的肥料产品;│                                  │
│    │        │      │    (二)假冒、伪造肥料登记证、登记证号的;│                                  │
││││ (C) the production and sales of fertilizer products content of active ingredients, or │ │                    ││││ And registration approval of content.
│                                  │ └──┴────┴───┴──────────────────────┴─────────────────┘