Guiyang Municipal Administration Way

Original Language Title: 贵阳市城市管理行政执法办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346652.shtml

Guiyang municipal administration way

    (October 11, 2010 Executive meeting of the Guiyang municipal people's Government on November 11, 2010, Guiyang municipal people's Government released 17th come into force on January 1, 2011) first to strengthen urban management, maintaining the order of cities, and enhance the efficiency of law enforcement, in accordance with the People's Republic of China on administrative punishment law and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    A second relative-centralized administrative punishment right within the administrative area of the city, should comply with these measures.

    Power of relatively concentrated administrative punishment referred to in the preceding paragraph include:

    (A) exercise the management of city appearance and environmental sanitation laws, regulations, rules and regulations of administrative punishment, torn did not meet city standards, sanitation standards in buildings or facilities;

    (B) the exercise of planning and management in the law, the right to administrative penalties stipulated in laws and regulations;

    (C) the exercise of urban green management in law, the right to administrative penalties stipulated in laws and regulations;

    (D) the exercise of municipal management in the law, the right to administrative penalties stipulated in laws and regulations;

    (V) management of environmental protection laws, regulations, rules and regulations of social life noise pollution, noise pollution in construction of administrative punishment right;

    (F) the exercise of Administration for industry and commerce in laws and regulations, regulations on the road without a license vendor administrative penalty;

    (G) the exercise of the public security traffic management laws, regulations, rules and regulations, tunneling effect of urban road traffic Act of administrative punishment right

    (H) the exercise of the construction and management of the provincial and municipal people's Governments of violation of civilized construction management regulations, gas market regulation of administrative punishment right

    (I) the exercise of urban river course management in provincial and municipal people's Governments of administrative punishment right;

    (J) the exercise of the civil administration of the provincial and municipal people's Governments of embezzlement and public funeral of administrative punishment right;

    (11) other duties as set out in provincial and municipal people's Governments. , Urban management, article relatively centralized administrative punishment in administrative law enforcement organs in charge of the city's oversight, supervision, coordination and evaluation.

    In charge of the following case of relatively concentrated administrative punishment:

    (A) required to order a stoppage, suspension, revocation of permit or license, the larger amount of administrative penalties such as fines;

    (B) the people's Government at the county level administrative law-enforcement agencies relatively centralized administrative punishment cases of jurisdictional disputes;

    (C) City urban administrative enforcement authority may consider necessary by City urban administrative enforcement authority hearing the people's Governments at the county level city administrative jurisdiction law enforcement agencies relatively centralized administrative punishment cases.

    The county administrative responsibilities of law enforcement authorities, in accordance with municipal city management is responsible for implementing the power of relatively concentrated administrative punishment within their respective jurisdictions.

    Fourth relatively centralized administrative punishment right after by the city administration of administrative law enforcement organs to exercise, the relevant administrative departments are no longer exercised by the city administration of centralized exercise of administrative punishment right; still, the administrative decision is invalid.

    Fifth of the related administrative departments should actively assist in administrative law enforcement organs, urban management centralized exercise of administrative punishment in accordance with law, when matters related to urban management administrative examination and approval according to the law, administrative law enforcement organs should be copied to the City Administration approval.

    Violence, threats to obstruct centralized exercise of administrative punishment right of the conduct of law enforcement personnel from performing their duties, the public security organ shall promptly handle until the criminal responsibility shall be investigated according to law, shall not be treated as a civil dispute.

    Article sixth of relatively concentrated administrative punishment, administrative law enforcement organs should be based on urban management in the city's relatively centralized administrative penalty relating to the scope of laws, regulations, rules of the administrative penalty decisions.

    Article seventh when law enforcement officers investigate violations shall be not less than 2, must be uniform, wearing the uniform enforcement of marks, administrative law enforcement documents show.

    Law enforcement personnel is a party of close relatives or other interested by the parties, should be avoided.

    Article eighth urban administrative enforcement agencies implement the administrative penalty shall comply with the following provisions:

    (A) issuing legal bodies produced by the unified written decision of administrative penalty;

    (B) printed ticket use the financial Department;

    (C) making fine decisions (13th article other than to collect fines on the spot according to these measures), you should inform the person penalized to the designated bank to pay the fine in the 15th;

    (D) before any administrative punishment decision, inform the parties of the facts, reasons and basis for administrative penalty decisions are made, and shall inform the Parties shall enjoy the rights;

    (E) the fines and the confiscation of all the property turned over to the budget at the same level. Nineth decision for administrative penalty from law enforcement personnel on the spot, shall fill out the order form, make a number of administrative penalty decision, and spot the party.

    Shall be subject to 20 Yuan fine or does not collect fines on the spot is difficult to enforce, enforcement officers to collect fines on the spot.

    City management administrative law enforcement organ applies General program implementation administrative punishment, must full, and objective, and just to survey, and forensics, survey, and forensics end, by city management administrative law enforcement organ head on survey results for review, on does should by administrative punishment of, made administrative punishment decided, issued administrative punishment decided book; on plot complex or major violations give more heavy of administrative punishment of, city management administrative law enforcement organ head should collective discussion decided.

    Article tenth urban management and administration, law enforcement agencies investigate and deal with cases of illegal, require identification, should seek the views of relevant administrative departments.

    11th city management and administration, law enforcement agencies after receiving the relevant administrative departments transferred to the investigation of the case should be investigated in a timely manner.

    12th of the same illegal and in violation of these regulations a number of fine, shall not be fined.

    13th law enforcement personnel collected on the spot fines, shall from the date of collecting fines to urban management and administration, law enforcement agencies in the 2nd; urban management administrative law enforcement organs should be 2nd fines paid within the specified bank.

    14th urban management and administration, law enforcement agencies in collecting evidence, can take a sampling of evidence approach; in the case of evidence may be destroyed or lost or difficult to obtain later, approved by the City Administration Bureau, you can register and shall make a decision in a timely manner within the 7th, during this period, the party or person concerned shall destroy or transfer evidence.

    15th urban administrative compulsory measures by law enforcement authorities, must comply with the following provisions:

    (A) issued to the parties by the city administration of authority in charge of issuing a notice and asked related departments to assist; (B) when the suspension was implemented, shall draw up a list, specify the name, type of property, size, quantity and soundness of, by the undertaker and signed or sealed by the parties.

    Listing by the implementing entity and the party holds one copy; (C) suspension may not exceed the statutory deadline.

    Not withholding period provided by the law and regulations, withholding period shall not exceed 30th due to exceptional circumstances approved by the city administration organs at higher levels, you can extend the 30th;

    (D) withhold property holder, shall properly take care of temporarily seized property, temporarily loss of property caused by the custodian responsibilities, shall compensate.

    16th city management and administration, law enforcement agencies should take the initiative to accept people's congresses, political consultative and social monitoring of public opinion.

    City Administration of administrative law enforcement organs should accept supervision by the people's Government legal agencies.

    17th urban administration authorities shall establish a system of regular exchange rotation of law enforcement personnel, administrative law enforcement responsibility, inspectors picket, appraisal systems and misjudged.

    18th City Administration's written decision of administrative penalty from law enforcement authorities, should be made in written decision within 15 working days after copied to the relevant administrative departments.

    Relevant administrative departments found the city administration of inappropriate administrative punishment by law enforcement agencies, shall, within 15 working days to give feedback to the city administration administrative law enforcement organs, urban administration authorities do not correct, related administrative departments can draw the people's Government at the monitor to correct.

    19th city in administrative law-enforcement agencies in the enforcement process, found when the relevant administrative departments for failing to perform their duties, shall be promptly reported to the relevant authorities.

    Article 20th superior urban administrative enforcement authority to subordinate administrative law enforcement organs of the urban management enforcement activity has the right to supervise.

    Found in urban administration abuses, negligence, malpractice and breach of the requirement to use urban management identifies, vehicle behavior should be investigated in a timely manner.

    21st a citizen, legal person or other organization to the city administration refuses to accept the decision on administrative penalty from law enforcement authorities submitted an application for administrative reconsideration, accepted by the municipal people's Government in accordance with law; the city administration of the people's Governments at the county level authorities of a refuses to accept the decision on administrative penalty made an application for administrative reconsideration, the applicant's choice, by the county or city administration organs in accordance with the complaint. 22nd urban administration authorities shall set up telephone hotlines, and announced to the public.

    Violations of citizens for law enforcement personnel in law enforcement has the right to administrative law enforcement authorities for urban management, urban administration authorities shall promptly investigate. 23rd these measures come into force on January 1, 2011.