(Summit No. 26 of 18 June 2011 of the People's Government Order No. 26 of 18 June 2011)

Article 1, in order to regulate administrative law enforcement, guarantees the legitimate and reasonable exercise of the discretion of the executive organs to impose administrative sanctions, protect the legitimate rights and interests of citizens, legal persons and other organizations, and develop this approach in the light of the relevant laws, regulations, such as the National People's Republic of China Administrative Punishment Act.

Article II of this approach refers to the discretionary power of the executive organs with administrative penalties, authorizations or organizations entrusted with implementing administrative sanctions (hereinafter referred to as the executive sanction enforcement body) and, within the statutory framework, the executive authority granted to the offence, the administrative penalties granted and the administrative penalties granted, and the administrative authority granted, etc.

Article 3

Article IV regulates and supervises the rule of law sector of the Government of the Republic, in both the city and the district, and the municipality. The executive body responsible for the rule of law is responsible for the regulation and supervision of the authority for administrative sanctions.

The inspectorate shall, in accordance with the relevant provisions, monitor the exercise by the executive organs of the discretion to impose administrative sanctions.

Article 5 exercises the discretion to impose administrative penalties and should be guided by the principles of legality, impartiality, openness and impunity, and the same penalties.

The exercise of the right to liberty of administrative punishment should be consistent with the principle of combining punishment and education and with the principle of education, and to educate citizens, legal persons and other organizations on their own compliance.

Article 6. The exercise of the discretionary standards of administrative penalties and the enforcement process should be made public in society and the result of the discretion is allowed to access the public in society, in addition to the secret, commercial secret or personal privacy of the State.

Article 7. Administrative penalties shall be taken in a timely manner by the executive organs to correct the violation and shall not be put in place for acts that may result in the breach and shall be subject to administrative sanctions, and shall not be subject to the continuation of an offence as a result of administrative penalties.

Article 8 is the same offence for the administration of justice, in violation of different laws, regulations and regulations imposed by an administrative sanction enforcement body, and administrative penalties for the same type of administrative penalties shall not be consolidated.

Article 9. The exercise of the right to discretion for administrative penalties should be taken into account in a comprehensive manner, in the light of the facts, nature, circumstances, and the extent of social harm:

(i) The age and spiritual situation of the perpetrator of the offence;

(ii) The degree of subjectivity of the offender;

(iii) There are more than two similar offences within two years;

(iv) Specific methods or means of offences;

(v) Number of proceeds derived from the law or illegal property;

(vi) The extent and social impact of the offence on specific targets;

(vii) Measures taken and effect on violations;

(viii) Other factors provided for in laws, regulations and regulations.

Article 10. The executive organs at the municipal level shall, in accordance with the laws, regulations and regulations, define the criteria for the administrative penalties of the system, in the light of the facts, nature, circumstances, and the extent of social harm.

The development of administrative penalties discretion benchmarks could be based on the relevant administrative penalties developed by the superior sector.

The newly enacted laws, regulations and regulations relate to the discretionary discretion of administrative sanctions, which should be determined by the executive organs within 30 days of the date of publication of new promulgated laws, regulations and regulations.

The criteria for the free determination of administrative penalties should be presented to the community after the review of the rule of law sector of the municipality. The Government's rule of law sector should review the legitimacy and legitimacy of the light benchmarks in accordance with this approach.

Article 11 quantify the basis for the offence and the punishment, with more than three discretions, providing for the type and range of discretion for each administrative sanction.

Various administrative penalties have been imposed for the same offence, ranging from penalties applicable to a fine of warning or a lesser amount, from a heavy penalty to an order of suspension of work, suspension of licences or licences, a greater amount of fine or confiscation of the proceeds of an offence, unlawful property.

Article 12 imposes penalties for a certain range of fines on the laws, regulations and regulations, and the baseline shall be determined in the light of the circumstances in which they are divided into penalties, general penalties and penalties. The amount of the fine is determined in accordance with the following criteria:

(i) A fine of up to a certain amount shall be divided by more than three tiers between the maximum number and the minimum number, and general penalties shall be punished in accordance with intermediational penalties, which shall be less severe than the intermediate sentence and shall not be punished by a heavy penalty;

(ii) A fine of a certain amount shall be divided by more than three tiers between the maximum and the minimum amount (the highest level and the minimum value of more than four times the penalty shall be divided according to the amount of the penalty), and general penalties shall be punished at the intermediate level, with minor penalties being lower than the intermediate level, and the penalties shall not be lower than the intermediate level;

(iii) The amount of the maximum fine does not provide for a minimum amount of fine, and the general penalties are determined by 40 to 60 per cent of the maximum penalty, from 20 per cent of the maximum fine.

The Government of the zones, districts (communes) may make a decision to control the maximum of fines in accordance with objective circumstances such as the economic, social, cultural, etc. of the region. However, there are other offences that endanger national security, public safety, physical health, life and property security and environmental protection.

Article 13 states that:

(i) The offender is under the age of 14 years;

(ii) Psychiatrics who fail to identify or control their acts;

(iii) A minor offence and a prompt remedy, without causing the consequences;

(iv) Other circumstances in which administrative penalties are not imposed by law, regulations and regulations.

In addition to the provisions of the law, legislation and regulations, the offence was not found within two years and no administrative punishment was granted.

Article 14.

(i) The offender has attained the age of 14 years;

(ii) The proceeds of an offence or a lesser amount of illegal property;

(iii) Actively suspending the offence;

(iv) Actively to eliminate or mitigate the consequences of violations;

(v) Be secondary or complementary in common offences;

(vi) The coercion of another person to commit an offence;

(vii) Coherence with administrative penalties in the commission of offences;

(viii) Other cases provided for by law, regulations and regulations.

Violations that are not recorded in the same category and do not have serious consequences should be reduced on the basis of the type of punishment or the range of penalties.

Article 15 states that:

(i) The primary role of common offences;

(ii) The cumulative occurrence of more than two similar offences or administrative penalties within two years;

(iii) The commission of an offence continues after a written order by an administrative sanction enforcement body to cease or correct the offence;

(iv) Seriously hamper the investigation of violations by law enforcement officials;

(v) The circumstances of coercion, fraud or instigation of other persons to commit an offence;

(vi) Counter reprisals against reportingers and witnesses;

(vii) Violations involve national security, public safety, hygiene, life property security, environmental protection, etc., with greater social hazards;

(viii) Comparison of violations and consequences;

(ix) Other circumstances under the laws, regulations and regulations.

Article 16 shall be punished in the form of statutory penalties or in the range. Reducing penalties should be punished by the type of sanction or by the extent of the penalties imposed.

At the same time, there are more than two instances of light or lessening of circumstances, and no aggravating circumstances, the minimum level of punishment should be applied or the reduction of penalties.

Article 17

(i) The facts, nature, circumstances and extent of social harm are distorted or distorted in comparison to the administrative penalties imposed by the parties;

(ii) In the same or in the same category, the offences of different parties are identical or fundamental, but the administrative penalties imposed vary;

(iii) In different cases governed by the same law, regulations and regulations, the administrative offences and circumstances of the parties are the same, but administrative penalties vary;

(iv) The law should not be subject to administrative penalties or to administrative penalties that should be reduced from a light to a lesser extent;

(v) Other instances of discretionary discretion to impose administrative sanctions.

Article 18 imposes administrative penalties on the executive organs and shall be responsible for the immediate alteration of the parties to the law, regulations and regulations or for the modification of the duration of the period of time not exceeding 15 days. Except as otherwise provided in laws, regulations and regulations.

Article 19 establishes a general procedure for administrative penalties investigation, review and decision-making. After the investigation by law enforcement officials of evidence, the submission of comments and the enforcement of legitimacy and reasonableness by the body responsible for the rule of law, the heads of organs are invited to review or collectively discuss and make punitive decisions.

Article 20, after the end of the investigation by law enforcement officials, should provide timely advice and clarifications on the administrative penalties applicable.

Article 21, Administrative penalties applicable to the general process, and the organs responsible for the rule of law of the executive organs should review and provide advice on the legitimacy, reasonableness of administrative penalties. After the review, the relevant material and the review of the case shall be carried out by the investigating officer to review or discuss and make administrative sanctions decisions. No review or discussion shall be submitted without clearance.

Article 2, Administrative penalties applicable to the general process, one of the following cases, shall be taken after a collective discussion by the executive heads of the executive organs:

(i) It is proposed that a fine be imposed by a higher amount, and that the parties may apply for hearing without application;

(ii) It is proposed to be subject to an order of suspension, suspension or licence;

(iii) To be punished by law, to reduce the penalties or to punish them;

(iv) Implementation of hearings;

(v) Administrative penalties are considered by executive organs to require collective discussion of other cases.

Collective discussions should be recorded in detail.

Article 23 produces administrative penalties decisions that, in addition to matters requiring legal, regulatory and regulatory requirements, should also be explained on the basis and grounds for mitigation, adaptation and punishment.

Article 24 imposes on the executive organs the day-to-day law enforcement, place, subject to inspection by law enforcement officials, violations, law enforcement processes, law enforcement results, and the production of case files for archiving.

Article 25 shall apply a summary procedure and shall be filed within two working days of the date of the punishment for administrative penalties.

The application of the general procedure should be accompanied by the file within five working days from the date of the closure.

The hearing procedure should also include hearings.

Article 26

Major administrative penalties, such as the suspension of property, the suspension of licences or licences, the amount of fines or the confiscation of the proceeds of the law of the larger amount, the illegal property, shall be reported within 15 days of the date of the decision, to the Government's rule of law and to the authorities at the superior level.

Article 27 gives citizens, legal persons and other organizations the right to be heard, heard; administrative penalties are not uniform and are entitled to apply for administrative review or administrative proceedings in accordance with the law; and damages for administrative penalties imposed by the administrative penalties imposed by the executive organs are entitled to submit compensation claims in accordance with the law.

Citizens, legal persons and other organizations have the right to communicate, complain or make recommendations on the implementation of administrative sanctions, and the relevant sectors should be addressed in accordance with the relevant provisions.

Article 28 of the Executive Punishment Enforcement Body found that the discretionary exercise of administrative sanctions was inappropriate and should be remedied in a timely manner.

Article 29 of the Constitution of the Government of the Republic of the People's Rule of Law, which governs the exercise of the right to administrative punishment by the executive organs, is governed by the following:

(i) Review of the legitimacy and legitimacy of administrative sanctions through administrative review;

(ii) A review of administrative penalties cases;

(iii) Exemptive inspection of the right to regular supervision or discretion for administrative sanctions;

(iv) To receive complaints and reports from the public on administrative sanctions cases;

(v) Implementation of a desk review of major administrative penalties.

Article 33, the rule of law sector of the Government of the municipality and the district, and the communes (markets) oversees the exercise of the discretionary power of administrative sanctions by the executive organs. Oversight elements include:

(i) Whether administrative penalties are developed and directed to society;

(ii) Whether, in accordance with this approach, the establishment and implementation of a system that includes administrative penalties for the registration of law enforcement, the legal review system, the system of collective discussions, the hearings system, the system of discretion, the system of free narratives, the public system, the reserve system, etc.;

(iii) The exercise of the right to discretion in administrative punishment by compromising the facts, nature, circumstances and the extent of social harm;

(iv) Whether decisions taken in accordance with the provisions of laws, regulations and regulations are taken on a heavy, light, mitigated or not to be administratively sanctioned, as well as in administrative sanctions decisions;

(v) Whether the parties' statements and the arguments heard;

(vi) Have compliance with the statutory procedures;

(vii) Other areas requiring oversight under the law.

Incompatible with the provisions of this approach, the rule of law sector of the Government of the city and district, district (market) should make a commitment period of time and be corrected by administrative penalties.

Article 31 regulates the exercise of the discretion to impose administrative penalties as part of the administrative sanctions enforcement body's executive administration, including the administrative law enforcement responsibilities appraisal.

In violation of this approach, administrative law enforcement officials misuse the discretion to impose administrative penalties, depending on their circumstances, are temporarily deducted and revoked administrative law enforcement documents by the rule of law of the city's Government; administrative disposition by the relevant authorities in accordance with the law; and criminal liability is lawful.

Article 33 of this approach is implemented effective 1 August 2011.