Implementation Of Relatively Concentrated Administrative Punishment Measures For Nanning City Management

Original Language Title: 南宁市城市管理相对集中行政处罚实施办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351902.shtml

Implementation of relatively concentrated administrative punishment measures for Nanning city management

    (The 12th Executive meeting of the people's Government of the 112th, Nanning, March 8, 2011 through April 13, 2011 Nanning municipal people's Government promulgated as of June 1, 2011, 40th) Chapter I General provisions

    First to strengthen urban management, standardized relative-centralized administrative punishment, according to the People's Republic of China, the Guangxi Zhuang Autonomous Region, administrative law-enforcement of the law on administrative punishment procedures, Guangxi Zhuang Autonomous Region, administrative law enforcement supervision and other relevant provisions, combined with the city's actual, these measures are formulated.

Article within the scope of the jurisdiction of the municipality city of relatively centralized administrative punishment right in urban management, these measures shall apply.

    Urban management in these measures relative-centralized administrative punishment right refers, in accordance with the People's Republic of China on administrative punishment law and the relevant provisions of the State Council, exercised by the administrative law enforcement organs in accordance with the comprehensive urban management focused on related administrative departments in the field of urban management in whole or in part of administrative punishment right.

Article city and town Governments leaders, coordinating the work relatively centralized administrative punishment right in urban management.

    City, urban administrative enforcement legal institutions is under the people's Governments at the corresponding level oversight body, the law on administration of comprehensive urban management enforcement authorities to supervise the administrative enforcement action.

Fourth of municipal comprehensive administrative law enforcement organs, urban management is the exercise of administrative authority of relatively centralized administrative punishment in urban management.

City management integrated administrative organization coordinating major administrative law-enforcement activities of law enforcement agencies, according to investigate violations committed as provided herein, and to guide and supervise the city exercised relatively centralized administrative punishment right in urban management.

Comprehensive administration of urban management enforcement agencies responsible for the power of relatively concentrated administrative punishment within their respective jurisdictions, independent performance of their functions according to law.

Zone authorized by statute to exercise relatively centralized administrative punishment right in urban management.

    Landscape architecture, planning, environmental protection, industry and commerce, public security and traffic and construction administrative departments shall, in accordance with their respective responsibilities to assist the relatively centralized administrative punishment right in urban management.

    Chapter II of law enforcement duties and jurisdiction

Fifth comprehensive administrative law-enforcement organs of urban management in accordance with the laws, regulations or rules provide for exercise of the right to the following administrative penalties:

(A) the management of city appearance and environmental sanitation administrative penalty;

(B) the administrative right of penalty in municipal facilities maintenance management;

(C) the right of administrative punishment in city square management;

(Iv) landscape management outside the Park, gardens and residential areas outside the encroachment of urban green space, landscaping damage behavior of administrative punishment right;

(E) without planning for urban and rural planning management departments permission right of administrative punishment for illegal construction;

(F) environmental protection management of population concentration areas in the urban built-up area barbecue food and other acts of administrative punishment right

(VII) the legitimate administration of industry and commerce outside the business premises operating without a business license of the administrative right of penalty;

(H) the public security traffic management for motor vehicles, administrative punishment for non-motor vehicles used illegally for the sidewalk right;

    (IX) other administrative punishment right approved by the autonomous regional people's Government.

Sixth city comprehensive administrative law-enforcement organs of management focused on the specific terms of reference of the exercise of the power of administrative penalty by the municipal people's Government to the public.

    Comprehensive urban management administrative law enforcement organs and related administrative departments shall not itself to adjust the scope of the power of relatively concentrated administrative punishment.

Article seventh comprehensive administrative law enforcement organs by the city administration centralized exercise of administrative punishment, the original administrative departments shall not exercise; still, the administrative decision is invalid, and bear the corresponding legal responsibility.

    Administration of comprehensive urban management enforcement authority and jurisdiction of the relevant administrative departments administrative responsibilities, dispute, dealt with by the municipal or city governments.

Article eighth of relatively concentrated administrative punishment cases from illegal activities to comprehensive administration of urban management enforcement agencies responsible for the investigation.

    City Administration of comprehensive urban management enforcement agencies responsible for the investigation of cases that have major impact.

Nineth violations of any of the following circumstances, specified by the city administration of comprehensive urban management enforcement authority's jurisdiction or investigated:

(A) integrated urban management dispute arises over jurisdiction between administrative law enforcement organs;

(B) shall be managed by the urban comprehensive administrative law-enforcement agencies to investigate and have not been investigated. On cross-City law, illegal activities to comprehensive administration of urban management enforcement authorities could be filed, found other related urban areas had been filed after the filing, case managed by the first chartered of urban comprehensive administrative law-enforcement agencies.

    Jurisdiction dispute, in accordance with the provisions of the preceding paragraph to establish their jurisdiction.

    Chapter III-enforcement regulations and procedures

    Tenth administrative law enforcement organs should strengthen comprehensive urban management enforcement team standardization, legalization, strengthening training and education work, improve the level of law enforcement by the city administration.

    11th comprehensive administrative law enforcement organs should be based on urban management in the People's Republic of China Law on administrative punishment and the Guangxi Zhuang Autonomous Region, the provisions on the procedures of enforcing the administrative law-enforcement procedures, implementation of an administrative investigation rights, right of administrative punishment and administrative compulsory.

12th urban management comprehensive administrative law-enforcement agencies investigating offences, may exercise the following functions:

(A) handling needs are entitled to enter into the inspected unit or field investigations, inspections;

(Ii) asked the party, witness, and may be invited to provide the relevant supporting documents;

(Iii) access, accessing, copying, photographing, recording, relevant evidential materials, sampling of evidence or advanced registration and preservation of relevant evidence;

(D) seizure of items related to the violations or tools, and notify the Parties accordingly within the time limits specified places for treatment;

    (E) other measures stipulated by laws, rules and regulations.

13th comprehensive urban management administrative law enforcement organs to implement measures of sealing up, distraining, shall, in accordance with the laws and regulations and the conditions, procedures and time limit for enforcement of regulations, and safely keep attachment, seizure of goods, shall not be used or damaged.

    For fresh products, perishable items and other fragile attachment, arrest, can take measures to preserve evidence and then be auctioned or sold. Article 14th administration of comprehensive urban management enforcement agencies after the implementation of attachment, arrest, shall promptly ascertain the facts and make a decision within the statutory time limit. For the illegal facts are clear, confiscation of the goods according to law, confiscated according to law should be destroyed, be destroyed.

After investigation and verification there is no violation of the law or the parties to implement the decision, shall be terminated immediately seal up, distrain, return property sealed up or seized items are illegal contraband, relevant departments of the surrender shall be handled; according to the 13th article now for auction or sale, shall return the full purchase price of the auction or sale proceeds. Comprehensive urban management administrative law enforcement organs will be sealed up or seized property returned the party, it shall inform the party receiving party unknown, shall be announced on her Web site and specify the Staten Island bar release announcement, announcement period not less 30th.

    Party refuses to receive or unclaimed after the expiration of the notice, comprehensive urban management administrative law enforcement organs shall handle the related property.

    15th Party fails to fulfil the administrative punishment decision or not surveyed as required, shall be announced by the administration of comprehensive urban management enforcement authorities inform the party in the 30th to designated sites under investigation or treatment; surveyed or overdue, comprehensive urban management administrative and enforcement agencies to seize, seizure of items auctioned, sold or treated in accordance with relevant regulations of the State.

16th auction or sale of the goods shall conform to the quality standards, food safety standards, the proceeds should be turned over to the State Treasury, shall conduct registrations before the auction or sale. Cannot be auctioned, sold, can register and then destroyed, the destruction process should take pictures or record (pictured) as recorded.

    Auction or sale and destruction of attachment, arrest records should be reported to the financial authorities once every six months. 17th urban management comprehensive administrative law enforcement personnel shall have qualifications on administrative law enforcement.

    Investigating offences, it should be uniform, wearing city sign law enforcement, administrative law enforcement documents show. Article 18th comprehensive urban management administration before making a decision on administrative penalty law enforcement agencies shall inform the parties of the facts, reasons and basis for administrative penalty decisions are made, and shall inform the Parties shall have the right, listen to the statements of the parties, and to defend themselves.

Statement, argued the facts put forward by the parties, as well as established by the evidence, administrative law enforcement organs should adopt comprehensive urban management.

Administration of comprehensive urban management enforcement authorities not because the parties statements, representations and aggravating.

    Meet the hearing requirements of parties and to request a hearing, administration of comprehensive urban management enforcement organ shall organize the hearing.

    19th city administration comprehensive administrative law enforcement agencies investigate and deal with cases of illegal party violations found during damage to public property shall be liable, shall be made after the decision on administrative penalty to hand over related material related administrative departments according to law.

    The fourth chapter collaboration of law enforcement and supervision

20th of municipal and city governments shall establish and improve the relatively centralized administrative punishment right in urban management coordination mechanisms, and strengthening the management of urban comprehensive administrative law enforcement organs and related administrative law enforcement cooperation between administrative departments to ensure relatively centralized administrative punishment right in urban management and effective implementation.

Comprehensive urban management administrative law enforcement organs and related administrative departments shall establish and improve urban management and exchange of law enforcement information-sharing mechanism to inform the relevant administrative licensing, supervision and administrative punishment, and so on.

    Relevant administrative department shall coordinate with the administration of comprehensive urban management enforcement authority relating to investigate and deal with cases of illegal investigation, data query, technical appraisal and monitoring work.
21st urban management comprehensive administrative law-enforcement agencies in the enforcement process, found that violations do not belong to the jurisdiction of the Department, should be informed or to transfer the jurisdiction of the Department.

Related administrative departments found in the daily supervision and management by its implementation, but has been included in the scope of the power of relatively concentrated administrative punishment an offence, it shall immediately inform the administration of comprehensive urban management enforcement authorities, and to take effective measures to protect the illegal site.

To protect or evidence to save, related administrative departments should be investigated, evidence or take evidence on measures such as advance registration and timely case and has jurisdiction over the transfer of material related to the administration of comprehensive urban management enforcement agencies.

    Comprehensive urban management administrative law enforcement organs should promptly investigate and deal with cases referred, and in the case concluded within seven working days after the results feedback related administrative departments.

    22nd administrative supervision of law enforcement agencies on comprehensive administrative law-enforcement organs of the city management matters of administrative law enforcement supervision, and the lower-level administration of comprehensive urban management enforcement agencies affects matters of administrative law enforcement supervision.

Article 23rd comprehensive urban management related administrative departments administrative law enforcement organs found illegal exercise of the power of relatively concentrated administrative punishment has been implemented, or failing to assist, can be directly written recommendations to the relevant departments, can also request the people's Governments at the corresponding level of administrative supervision of law enforcement agencies to urge their correction.

    Related administrative departments found that administration of comprehensive urban management enforcement agencies does not perform relative-centralized administrative punishment right of statutory duties or penalties for improper, to submit written proposals, or to draw attention to the people's Governments at the corresponding level of administrative supervision of law enforcement agencies to urge their correction.

    24th city integrated administrative law enforcement organs should establish and improve the management level of the exercise of the power of relatively concentrated administrative punishment system, the implementation of administrative law enforcement quality examination and appraisal, fault system, regulate administrative discretion and urge comprehensive administrative law-enforcement organs of urban management and law-enforcement officials to perform their duties.

    The fifth chapter legal liability

25th comprehensive administrative law-enforcement organs of the city administration of any of the following acts by law enforcement officials, directly by the administrative supervisory bodies or authorities in charge of personnel and other persons directly responsible shall be given administrative sanctions; a suspected crime, transferred to judicial organs for criminal liability:

(A) without statutory basis, or law enforcement of violations of statutory procedures;

(B) the use of violence, threats, and other means of enforcement;

(C) wilful damage to or destruction of property by the parties of the contravention;

(D) are withheld, misappropriated, privately divide or disguised privately dividing confiscated property, or use the Advanced registration and preservation, seizure of goods;

(V) use the convenience of duty, solicit or accept someone else's property;

(F) without the informer's consent, disclosure of informant information, the circumstances are serious;

(VII) to find the offense not to investigate and punish or stop, if the circumstances are serious;

    (VIII) other acts of abuse of authority, dereliction of duty or engages in, resulting in the public interest, civil, legal entities or other damage to the legitimate rights and interests of the organization.

    Article 26th city comprehensive violation of administrative law enforcement organs and their personnel management authority of citizens, legal persons or other organizations cause damages, shall bear the liability for damages.

    Article 27th for comprehensive urban management administration refuses to accept the decision on administrative penalty from law enforcement agencies may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    28th article hinder the administration of comprehensive urban management enforcement authorities performing official duties according to law, violation of the provisions of the social security administration, the public security organs shall investigate constitutes a crime, criminal liability shall be investigated for their.

    The sixth chapter supplementary articles

    29th of municipal County of relatively centralized administrative punishment right in urban management, in accordance with legal procedures after approval, in accordance with the measures implemented. 30th article of the implementation measures as of June 1, 2011. The measures for the implementation of relatively concentrated administrative punishment, Nanning city, (May 21, 2001 city people's Government, 3rd issue, on June 13, 2003, Nanning city, the municipal people's Government on changes of relative-centralized administrative punishment measures for implementation of the decision of the first amendment, on August 7, 2004, Nanning city, the municipal people's Government on changes of relative-centralized administrative punishment measures for implementation of the decision on the second amendment) is repealed simultaneously.