Liaoning Province, Administrative Law-Enforcement Procedures

Original Language Title: 辽宁省行政执法程序规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346528.shtml

Liaoning province, administrative law-enforcement procedures

    (January 7, 2011 11th people's Government of Liaoning province at the 44th Executive meeting January 20, 2011, No. 253, promulgated by the people's Government of Liaoning province as of February 20, 2011) Chapter I General provisions

    First to standardize the administrative enforcement action to ensure fair, just and open executive action, maintaining the lawful rights and interests of citizens, legal persons and other organizations, in accordance with laws and regulations and the relevant provisions of the State Council, according to province, this provision is enacted.

    Second administrative law enforcement in these rules refers to administrative law enforcement organs according to law, regulations and rules, the administrative license, the administrative penalties, administrative enforcement, administrative benefits, administrative collection, administrative confirmations, which affect citizens, legal persons or other organizations of the rights and obligations of a specific administrative act.

    Within the administrative area of the province of administrative law enforcement organs and administrative law enforcement personnel engaged in law enforcement activities, shall comply with this regulation.

    Third of provinces, cities and counties (including County-level cities and districts, the same below) Government to exercise unified leadership over the administrative enforcement activities within their respective administrative areas.

    Provincial, city and County government legal departments are responsible for the administration of supervision, inspection, guidance, and coordination.

    Fourth administrative law enforcement organs and administrative law enforcement personnel shall, in accordance with legal provisions, rules and regulations, statutory authority, in accordance with legal procedure in administrative law enforcement activities.

    Article fifth administrative enforcement authority shall exercise the right of administrative law enforcement bases, processes and results to the public.

    And administrative law enforcement has an interest of citizens, legal persons or other organization has the right to know law enforcement agencies in enforcement activities in the production or acquisition of information.

    Laws and regulations are not open to the public, from its provisions.

    Sixth administrative law enforcement organs and administrative law enforcement personnel in law enforcement activities, should have a stake in security and administrative enforcement activities of citizens, legal persons or other organizations the right to participate.

    Seventh administrative law enforcement organs and administrative law enforcement personnel shall, in legal procedures and within the time frame, reduce the working link, improve efficiency, for the citizens, legal persons or other organizations to provide quality, efficient service. Article eighth administrative law enforcement organs and administrative activities taken by law enforcement officers in the administrative law enforcement measures and means, shall comply with the objectives and principles reflect the necessity and rationality.

    Administrative law enforcement agencies may take a variety of measures to achieve administrative purposes, it shall select the most conducive to the protection of citizens, legal persons or other organizations ' rights measure. Nineth administrative law enforcement organs and administrative law enforcement personnel shall abide by the principles of honesty and credit in administrative law enforcement activities. Non-statutory subject matter and through legal procedure, administrative law-enforcement organs may not revoke or alter, repeal administrative enforcement action already in force.

    As a result of national interests, public interests or other legal cause must revoke or alter, abolish, pursuant to statutory authority and procedures, and the citizens, legal persons or other organizations and therefore legal compensation for the damage caused.

    Chapter II subjects

    Section I administrative organization for law enforcement

    Tenth administrative law enforcement organs according to law, be right to exercise jurisdiction.

    Administrative law enforcement organs at higher levels shall not exercise laws and regulations clearly belong to the lower-level administrative law enforcement powers, not complying with the statutory authority to subordinate administrative law enforcement organs, the authority to order the lower administrative law enforcement organs to perform.

    Section II authorization and delegation

    11th law and regulations grant on behalf of the Organization shall use its own external administrative law enforcement activities, bear the corresponding legal consequences.

    12th entrusted by the administrative law-enforcement organs of administration or other organizations in order to delegate administrative law enforcement organs on behalf of foreign administrative law enforcement activities, supervised by the principal administrative law enforcement organs and bear the corresponding legal consequences.

    Delegated administrative authorities or any other organization shall not delegate matters other organizations or individuals. 13th administrative law enforcement organs and sent overseas by institutions engaged in law enforcement activities, should be in the name of administrative law-enforcement agencies, the legal consequences borne by the administrative law-enforcement organs.

    Except as otherwise provided by laws and regulations.

    Section III administrative law enforcement personnel Indicated in article 14th card permit law enforcement system. Administrative law enforcement personnel engaged in law enforcement activities, and must obtain a certificate of the Chief law enforcement; without the certificate of administrative enforcement shall not engage in law enforcement activities.

    System of administrative law enforcement by the Legal Department of the provincial government.

    Administrative law enforcement personnel removed from posts or redeployment of administrative law enforcement organs, by the unit to recover its administrative enforcement of documents to the issuing authority cancellation.

    Administrative law-enforcement documents lost, it should be declared void, by the holder to the issuing authority application for reissue.

    Use of departments of the State Council issued administrative documents, by using the level of Government Legal Department.

    15th under any of the following circumstances, administrative law enforcement personnel shall withdraw, the party and its agents have the right to request his withdrawal:

    (A) the party or close relatives;

    (B) I or my near relative has an interest;

    (C) other relationships with the parties, may affect the impartial law enforcement.

    Parties for administrative law enforcement personnel withdrawal, should be made to the law enforcement officers ' administrative law enforcement organs, administrative recusal should law enforcement agencies be recorded on the volume.

    Decision is made, be requested to withdraw administrative law enforcement personnel shall not participate in law enforcement activities, but except for the need to take urgent measures. Withdrawal application to the administrative law enforcement organs of the party should be a written decision on 3rd. Is avoided by application of administrative law enforcement personnel may make written submissions. Party disagrees with the decision, you can apply to the administrative law-enforcement agencies to review a. Review decision should be made in the 3rd.

    During the review, is requested to withdraw the personnel involved in law enforcement activities shall not be suspended. 16th administrative law enforcement personnel engaged in law enforcement activities, should the instrument specifications, neatly.

    Terms should be concise, accurate and popular of civilized norms, prohibit the use of stigma, discrimination, insult, inducement, deception, provocation, intimidation, threatening language.

    Fourth party or other participants

    Article 17th refers to interest on the administrative enforcement of law, administrative law enforcement activities in its own name and bear the legal consequences of a citizen, legal person or any other organization.

    18th parties shall enjoy the following rights in administrative enforcement activities:

    (A) access to applications or filing of relevant information;

    (B) the authorized agent;

    (C) access to materials related to the case, involve State secrets, business secrets or personal privacy exception;

    (D) representation and representation;

    (E) present evidence;

    (F) apply for a hearing in accordance with law;

    (G) laws and other procedural rights provided for in laws and regulations. Article 19th may entrust an agent to participate in the administrative law enforcement, legal consequences borne by the principal. Obligations must be carried out by the parties themselves, the parties may not delegate.

    Give up legal rights of the parties, must I make a written declaration of intention.

    Laws, rules and regulations of administrative law-enforcement activity must be attended by the parties themselves, from its provisions. 20th refers to the interested parties other than the legal and administrative enforcement activities interested citizens, legal persons or other organizations.

    Before a decision is made by the law enforcement authorities in the administrative law enforcement, shall inform the interested party and interested persons the right to State.

    21st party for 10 or more people, you can select 1 to 5 person. Representative on behalf of all parties to participate in the administrative law enforcement, legal consequences borne by all parties. Obligations must be carried out by the parties themselves, the parties may not delegate.

    Give up legal rights of the parties, must I make a written declaration of intention.

    Laws, rules and regulations of administrative law-enforcement activity must be attended by the parties themselves, from its provisions.

    22nd other participants, including experts, interpreters, witnesses and so on.

    Chapter III jurisdiction and assistance

    23rd provincial, city and County Government in accordance with the relevant legal provisions, rules and regulations, specifying the duties of administrative law enforcement organs and affiliated jurisdictions.

    Two or more administrative authorities having jurisdiction in the same matter that first case, acceptance of the jurisdiction of administrative law enforcement organs, but excluding common administrative organ at a higher level designation of jurisdiction.

    Emergencies emergency, need to take immediate measures in order to avoid major losses, administrative law enforcement authorities can make the necessary process, but shall immediately notify the administrative law enforcement agency with jurisdiction. Administrative law enforcement organs to accept the party's application or ex officio the administrative procedure was started, I discovered that the authorities have no jurisdiction, should be transferred to the jurisdiction of administrative law enforcement organs, and notify the Parties accordingly.

    Transferred to the administrative law-enforcement organs shall not be transferred individually.

    Article 24th of jurisdictional disputes between administrative law enforcement organs, joint administrative authority at a higher level, or the level of Government to exercise jurisdiction.

    25th administrative law enforcement organs to other administrative law enforcement organs in accordance with the administrative law-enforcement activities, assistance or cooperation within the scope of their statutory functions. 26th has been requested to assist the administrative law-enforcement organs without good reason, refuse to help.

    Refusing to assist should be informed of the reasons when requesting assistance in administrative law enforcement organs.

    Any of the following circumstances, was requested to assist the administrative law enforcement organs should refuse to assist:

    (A) requesting assistance do not fall within the scope of its terms of reference;

    (B) the requested assistance is expressly prohibited by laws and regulations.

    Any of the following circumstances, was requested to assist the administrative law enforcement authority may refuse to assist:

    (A) assist other law enforcement organs significantly more rational and economical;

    (B) assistance would seriously hamper its own work;

    (C) provide assistance cannot be justified.
Requesting assistance the Administration disagrees with the law enforcement agencies refused to help, and requested assistance in administrative law enforcement organs and requested the assistance of executive decisions on administrative law enforcement agencies reported a common level.

    27th request assistance in administrative law-enforcement organs liable for administrative enforcement decisions made under the assistance and requested administrative assistance to the law enforcement authorities assume legal responsibility.

    The fourth chapter general procedures

    Section I administrative law enforcement procedure upon application startup

    28th administrative law enforcement organs should be relevant to the application of article, quantity, basis, conditions, procedures and time limit, and all the materials required to submit directories and application model in publicity offices or website.

    Sought administrative law-enforcement organs of public explanation, interpretation, administrative law enforcement organs should be one description, explanation, and provide accurate and reliable information. Article 29th of citizens, legal persons or other organizations to apply for commencement of administrative enforcement proceedings shall be made in writing.

    Application shall specify the following matters:

    (A) the basic situation of the applicant;

    (B) the name being applied for administrative law enforcement organs;

    (C) apply the facts, reasons and requirements;

    (D) the applicant's signature or seal;

    (E) for the year, month, day;

    (Vi) other matters shall be recorded.

    There is difficulty in writing the applicant, orally, by the administrative law-enforcement organs record and signed by the applicant.

    Article 30th administrative law enforcement agencies receive citizens, legal persons or other organizations upon application, shall issue a receipt indicating the administrative law enforcement agency receives the application dates, locations, recipients and list of evidentiary material before, and recorded on the volume.

    For applications received, administrative law-enforcement organs according to the following circumstances:

    (A) the application does not need to be approved by the administrative law-enforcement organs according to law, shall immediately inform the applicant is inadmissible;

    (B) the application does not belong to the administration of law enforcement agencies in terms of reference, shall immediately make a decision inadmissible, and shall inform the parties of an application with the administrative law enforcement agency with jurisdiction;

    (C) application errors can be corrected on the spot, shall permit the applicant to be corrected on the spot; (D) the application documents are incomplete or not in compliance with the statutory form, the administrative law enforcement organs should be spot or one-time applicant matters requiring correction in 5th and correction terms.

    Fails to inform that, from the date of receipt of the application materials shall be inadmissible;

    (V) application belongs to the ambit of this administrative law enforcement organs, application materials are complete and comply with the statutory format, or the applicant in accordance with the correction correction of administrative law enforcement agencies required to submit all application materials, administrative law enforcement organs should be accepted.

    Administrative law enforcement organs to accept or not to accept the application, shall issue a shield with the administrative law-enforcement organs dedicated stamp and date in written form. 31st the applicant shall truthfully submit to the administrative law-enforcement organs related materials and reflect the true situation.

    Administrative law enforcement organs should verify the authenticity of the application materials and review.

    Applicant's application meets the legal conditions and administrative organ shall make a decision on the application of the decision in writing.

    Administrative law enforcement organs in accordance with the determinations of decision not to grant the application, it shall explain the reasons and heard statements and pleadings of the applicant, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. Article 32nd administrative law enforcement organs should take a decision from the date of acceptance of the application in the 20th.

    Late cannot make a decision, approved by the heads of the administrative law enforcement organs, you can extend the 10th, and will extend the term and the reasons for the applicant.

    Otherwise provided by laws and regulations, from its provisions.

    Section II according to the terms of reference of the Administration program launched

    33rd administrative law enforcement agencies, reporting, administrative inspections, other authorities transferred and found cases of administrative law enforcement in other ways, case review should be carried out, and meets the conditions for filing shall be filed.

    Article 34th administrative law enforcement organs should register and complete the associated ' incorporations and approval procedures.

    Two or more associated with administrative enforcement of administrative law enforcement cases by the host authorities for filing and approval procedures.

    Been entrusted with administrative enforcement of administrative organs, other organizations should file delegate administrative authority for the record.

    Section III surveys 35th administrative law enforcement organs on administrative enforcement cases has been filed shall organize investigation and evidence collection.

    Administrative law enforcement investigation, gather evidence, and shall follow the principle of lawfulness, objective, comprehensive and timely. Article 36th administrative law enforcement authorities in the investigation, administrative law enforcement personnel shall be not less than 2, and shall produce to the party or person concerned administrative law enforcement certificates.

    Administrative law enforcement personnel not to produce documents of administrative enforcement, investigation and respondents have the right to refuse to provide related material.

    37th investigation may be conducted in the following manner:

    (A) asking the parties or witnesses, hear the statements of the parties and representation;

    (B) to the relevant units and individuals obtain documentary evidence, material evidence;

    (C) the inspection and investigation;

    (D) random sampling;

    (E) hold a hearing;

    (F) specify or authorize the legal conclusions issued by the accreditation body;

    (G) sound recordings, films or other audio-visual means;

    (VIII) making field notes;

    (IX) other means of investigation provided for in laws, rules and regulations.

    Fourth section evidence

    Article 38th Administrative Executive evidence include:

    (A) documentary evidence;

    (B) physical evidence;

    (C) audio-visual material;

    (D) the testimony of witnesses;

    (E) the statement of the parties;

    (F) expert conclusions;

    (VII) transcripts, field notes;

    (H) the laws and regulations of other materials can be used as evidence. 39th executive law enforcement activities should be evidence, decided.

    As an administrative enforcement decisions based on the evidence should be verified.

    Administrative law-enforcement organs produce or obtain evidence through illegal means, shall not be taken as deciding.

    The parties have an obligation in writing, orally or otherwise, provides evidence to the law enforcement agencies. Parties have the right to comment on the administrative enforcement decisions based on the evidence, to protest.

    Comment without evidence as a basis for administrative enforcement decisions. 40th party the right to apply to obtain evidence.

    Applying to the administrative law-enforcement agencies obtain evidence by the parties, shall be submitted to obtain evidence application.

    Obtain evidence application shall contain the following elements:

    (A) a holder's name, address and other basic information;

    (B) intends to introduce evidence;

    (C) for reasons and to obtain evidence to prove the facts of the case.

    Administrative applications for law enforcement authorities to obtain evidence from the parties and upon examination meets the conditions for access to evidence, shall promptly decide access; do not meet the conditions for access to evidence, shall, from the date of receipt of the application within the 3rd not obtain evidence notice served to the parties and their agents, and to give reasons for their not taking. 41st place, making of the record shall be in the facts of the case, set forth the time, place and event content and administrative law enforcement and check bei or sealed by the parties.

    Party refuses, administrative law enforcement organs should indicate the reasons, invite other people present sign the record; no one else, administrative law-enforcement agencies can take photographs, audio, video, and other means to preserve the scene.

    Laws, rules and regulations on the site record production provided in form, from its provisions.

    42nd after that evidence may be destroyed or lost or difficult to obtain case, the parties and their representatives may apply to the administrative law-enforcement organs preservation of evidence, administrative law-enforcement agencies can also take proactive measures to preserve evidence.

    Parties applying for administrative law enforcement organs to take measures to preserve evidence, should indicate the name and location of the evidence, the preservation of content and scope, application for security reasons and so on.

    Administrative organization for law enforcement to preserve evidence, based on specific circumstances, advance registration, photos, audio, video, replication, verification, inspection, production inquiry record preservation measures.

    Administrative organization for law enforcement when preservation of evidence, can ask the parties and their representatives to be present.

    Heard by the fifth section

    43rd administration before making a decision of the administrative law enforcement by law enforcement agencies, should listen to the views of the parties, and shall inform the parties in writing of the following:

    (A) the administrative enforcement decisions made and relevant facts, grounds, and basis;

    (B) the Parties shall have the right;

    (C) the representation of time and expiration time of the consequences of not making a statement.

    Administrative law-enforcement organs of verbal form to notify the parties, shall make a written record, or read to the party after its reading, signed or sealed by the parties concerned.

    44th executive law enforcement agencies shall inform the parties of the right to representation of the date, the parties and their representatives have the right to executive law enforcement authority for the consult, extract, copy, the evidence in the administrative file.

    Evidence involving State secrets, business secrets or private affairs of executive law enforcement authority may refuse the application of the party. Parties consult, extract relevant evidence, administrative law-enforcement organs shall not be charged.

    Copy the relevant evidence, may charge a nominal fee.

    45th parties presented their views in writing to the administrative law enforcement organs, including administrative enforcement decisions, statements involve facts, reasons and evidence.

    Party oral statement to the administrative law enforcement organs, the Chief law enforcement agency shall make a record, read to the parties or by the read confirmation, signed or sealed by the parties concerned.

    Party within a limited time without making a statement, presented their views as a waiver of rights. Article 46th administrative law enforcement organs of the facts, reasons and arguments presented by the parties, should be reviewed; founded in the facts, reasons and arguments presented by the parties, administrative law enforcement organs should be adopted.

    Inadmissible, shall state the reasons in writing.

    Hearing of the sixth section

    47th under any of the following circumstances, administrative hearing shall be held by law enforcement agencies:
(A) the hearing shall be held provided by laws, rules and regulations;

    (B) the parties, interested parties apply for a hearing in accordance with law;

    (C) administrative law enforcement agencies considered it necessary to hold a hearing.

    In addition to involve State secrets, business secrets or personal privacy, the hearing shall be conducted in public.

    Administrative enforcement hearings involving significant public interests, a certain proportion of public representatives shall participate in. 48th administrative law enforcement agencies shall inform the parties enjoy hearing rights.

    Apply for a hearing of the parties, it should be raised in the 3rd. Administrative law enforcement organs of the hearing shall be held in the 7th, by notice in writing served on the party or interested person. Undeliverable, notice can be used.

    Otherwise provided by laws and regulations, from its provisions.

    Notices shall contain the following:

    (A) the name and domicile of the parties and interested persons, legal person or other organization names, addresses and name of the legal representative or principal responsible person, job;

    (B) the time and place of the hearing;

    (C) the Director's name, company, position;

    (D) hearing of factual and legal issues involved;

    (E) the main procedures for the hearing;

    (Vi) other matters shall be recorded.

    Public hearings, administrative law enforcement organs should be in Office, Web site or other public media advisory hearing time, place, and cause. 49th hearing officer designated by the head of the law enforcement agencies.

    Hearing and administrative law enforcement personnel shall belong to different departments.

    50th hearing should be in line with fairness, neutrality, presided over the hearing.

    At the start of the hearing, the presiding hearer shall check the administrative law enforcement personnel, the parties, interested parties, the name, asked the parties whether to evade host applications.

    Administrative law-enforcement organs intended read out the decision of the administrative law enforcement, as well as findings of fact, reason and evidence.

    51st hearings in accordance with the following steps:

    (A) the moderator announced that the hearing;

    (B) the recorder whether administrative law enforcement personnel, the parties and interested persons to attend and announced hearings and discipline;

    (C) administrative law enforcement personnel, a party or interested person speak in turn;

    (D) presentation of evidence, cross-examination;

    (E) administrative law enforcement personnel, the parties and the interested party to dispute the facts of the debate;

    (Vi) administrative law enforcement personnel, parties and interested persons in turn, final statement. 52nd record shall be kept of the hearing.

    Administrative law-enforcement personnel, parties and interested persons after the end of the hearing shall read the record of hearing, signed or sealed by the sign-out.

    Administrative law enforcement personnel, parties, interested persons have the right to record errors in the proposed amendments.

    Hearing officer within 2nd should be since the date of the end of the hearing, according to hearing transcripts submitted recommendations submitted to administrative decisions by law enforcement agencies.

    Seventh administrative coercive measures

    53rd chief law enforcement agency in the course of administrative law enforcement, to suppress evidence of illegal activity, to prevent damage, avoid hazards, control risks to expand, in accordance with provisions of laws and regulations, the implementation of compulsory administrative measures.

    54th administrative coercive measures for administrative law enforcement organs shall abide by the following provisions: (A) prior to taking administrative compulsory measures are taken to the head of the law enforcement agencies a written or oral report and approved.

    Taking compulsory administrative measures on the spot, you should immediately report;

    (B) the administrative law enforcement personnel by more than 2;

    (C) administrative law enforcement documents show;

    (D) inform the parties on the spot to take compulsory administrative measures of reason, basis, remedies, and the Parties shall have the right

    (E) hearing the statements of the parties and representation;

    (Vi) making field notes;

    (VII) implementation of attachment, arrest, making list of attachment, arrest, attachment, arrest two copies of the list, by the parties and the administrative law-enforcement agencies respectively;

    (H) the site records by the parties, the Chief law enforcement officers and witnesses to the signing or sealing, the party was not on the scene, witnesses or parties refuse to sign or seal shall be noted in the record;

    (I) the laws, regulations and other procedures.

    55th spot administrative coercive measures, administrative law enforcement personnel shall go through the relevant procedures in 24 hours; in remote, water and transportation areas of administrative coercive measures, administrative law enforcement personnel shall be returned after the administrative law-enforcement organs go through the relevant procedures in the 2nd.

    56th administrative law enforcement agencies to enter premises to carry out inspection, investigation and administrative law-enforcement activity must be according to the laws and regulations with no according to the laws, regulations, parties have the right to refuse.

    57th under any of the following circumstances, administrative law-enforcement agencies who will have administrative coercive measures in accordance with laws and regulations, property of citizens, legal persons or other organizations to take seizure, seizure of compulsory administrative measures:

    (A) finding prohibited items;

    (B) preventing evidence from damage;

    (C) prevent the Party transferring property to avoid legal obligations;

    (D) other circumstances as stipulated by laws and regulations.

    Implementation of compulsory administrative measures of distress, shall enter the residential detention of citizens ' private property of citizens against administrative charges.

    Administrative law-enforcement organs in accordance with the laws and regulations on citizens, legal persons or other organizations need to implement attachment, arrest of property shall be approved by the heads of law enforcement agencies; or a large amount of property in cases of significant need for attachment, arrest should be made by the heads of law enforcement agencies decided collectively.

    Does not have the administrative enforcement authority of compulsory administrative measures should be taken in accordance with the provisions of the law on administrative punishment register preservation measures, seizure, seizure of property may be taken compulsory administrative measures.

    Article 58th of attachment, arrest may not exceed the 30th; complex, subject to the approval of the heads of law enforcement agencies, can extend the 30th; except as otherwise provided by laws and regulations to the term. Testing, inspection, and quarantine or to goods need identification, sealing up, distraining period does not include testing, inspection, and quarantine or during the technical evaluation. Testing, inspection, and quarantine or during the technical evaluation should be clearly and inform the parties. Testing, inspection, and quarantine or a technical appraisal of the costs borne by the administrative law-enforcement organs.

    Otherwise provided by laws and regulations, from its provisions.

    To seal up or seize property, administrative law-enforcement organs shall take good care of, and shall not use or damage losses, liability.

    59th administrative law enforcement organs in the implementation of attachment, arrest after compulsory administrative measures, it shall ascertain the facts and make a decision on the legal time limit.

    To seal up or seize property, illegal facts are clear, should be confiscated according to law, confiscated; according to law should be destroyed, destruction site should have more than 2 administrative law enforcement presence, and destruction of records, hold one record by the administrative law enforcement personnel, and photographing the scene, camera and other ways that you can archive for future reference. No violation of law or no longer needs to take measures of sealing up, distraining, shall make a decision immediately after sealing up, distraining or refund has been sealed up or seized property; not easy to auction or sale of the property has been in the custody of, return or the proceeds of the auction.

    By administrative law-enforcement agencies fault property for auction or sale price is obviously lower than the value of the property itself, paid for by the administrative law-enforcement organs.

    Fails to make a decision of administrative law enforcement organs, the property seized as a lifting attachment; requires the parties to return the property seized, the Chief law enforcement agency shall immediately refund.

    60th frozen deposits, remittances should be implemented by administrative enforcement authority under the law shall not entrust other administrative law enforcement organs or tissue; no other administrative law enforcement organs or tissues may freeze deposits and remittances.

    Freezing the amount of deposits, remittances and take up law enforcement decided that due to the amount or the circumstances of violations has been frozen by the other administrative law enforcement organs according to law, shall not be frozen. Freezing of deposits, remittance shall notify financial institutions.

    Financial institutions received administrative law enforcement organs according to law, the freezing of deposits, remittances after the decision, should be frozen immediately, without delay, shall not disclose to the parties before the freezing information. 61st in accordance with the legal provisions for the freezing of deposits, remittances, administrative law enforcement organs should be delivered to the parties of the decision to freeze decision.

    Freeze statement shall contain the following particulars:

    (A) the name or names and addresses of the parties;

    (B) the reasons and basis for freezing;

    (C) freezing accounts and amounts;

    (D) the right to apply for administrative reconsideration or bring an administrative action;

    (E) the name, stamp and date of administrative law enforcement organs. 62nd since the freezing of deposits, remittances within 30th of executive law enforcement authority shall make a decision or rescind the freeze; complex, subject to the approval of the heads of law enforcement agencies, can be extended to 30th.

    Except as otherwise provided by laws and regulations. Decision to extend the freeze shall inform the party.

    Freeze is no longer needed, decisions of the administrative law enforcement agency shall promptly make the lifting of the freeze.

    Unfreeze decisions of the administrative law enforcement organs, shall promptly notify the financial institution and the party.

    Administrative organization for law enforcement fails to make a decision or the lifting of the freeze a decision, the financial institution shall, from the date of expiry of the freeze thaw.

    Eighth section administrative enforcement decisions

    63rd administrative enforcement decisions should be made in writing, mainly containing the following content:

    (A) the person's name, gender, age, residence, legal person or other organization names, addresses and name of the legal representative or principal responsible person, job;

    (B) administrative enforcement decisions based on the laws, rules and regulations;

    (C) administrative enforcement decisions mainly based on facts and evidence;

    (D) the concluding observations made by the law enforcement agencies;

    (E) administrative enforcement decisions made by administrative law-enforcement organs stamp and signature or seal the person in charge;
(F) the date of the administrative enforcement decisions made;

    (G) remedies of the parties appealed against the decision of the administrative law enforcement and time limit;

    (VIII) other contents prescribed by laws, rules and regulations. 64th administrative enforcement decisions shall state the reasons. Administrative law enforcement organs should be explained in the reasons for decision of the administrative law enforcement facts the basis and application of the law on the grounds.

    Administrative enforcement decisions of the Conference, and shall explain the discretionary exercise of the main factors to be considered.

    65th written decision of administrative law enforcement in error write, miscalculations or other clerical error, by the decision of the administrative law enforcement agencies in accordance with terms of reference or according to the client's application.

    Nineth day validity of administrative enforcement decisions

    66th article has any of the following circumstances, administrative enforcement decisions are not valid:

    (A) does not have the statutory qualification of administrative enforcement;

    (B) have no legal basis;

    (C) other invalid conditions stipulated by laws, rules and regulations.

    Administrative enforcement decisions were partly confirmed as invalid, the other part is still valid, but remove the part is not valid after the enforcement decision cannot be established, it should be all.

    Invalid administrative enforcement decisions from the beginning is not legally effective.

    67th article has any of the following circumstances, administrative enforcement decisions should be revoked:

    (A) the evidence is insufficient;

    (B) the applicable based on the error;

    (C) the violation of legal procedures, but can be corrected unless;

    (Iv) in excess of their statutory powers;

    (E) abuse of powers;

    (F) the laws, regulations and other regulations should be revoked.

    Content is part of the administrative enforcement decisions made, the other part is still valid, but remove the part withdrawal of administrative enforcement decisions cannot be established after, it should be removed entirely.

    Decision of the administrative law enforcement has been lifted, withdrawing them dating to date of administrative enforcement decisions made; otherwise prescribed by laws, rules and regulations, and its withdrawal effects can occur from the date of revocation.

    Administrative enforcement decisions be revoked, if new evidence is found, administrative law-enforcement organ can be renewed the administrative enforcement decisions.

    During the tenth festival During the 68th calculated by the hour, day, month, and year.

    During the time and day, not counting the period.

    Period expires on the last day of a holiday, and holidays during the first day after the expiration date.

    Does not include mail during transit time, with instruments delivered mail postmark shall prevail. 69th parties due to causes of force majeure or any other legitimate reason time period, in the 10th after the obstacle is removed, you can apply for extended period if, by decision of the administrative law enforcement agencies.

    Extend the relevant period calculated from the time of service of the written permission.

    11th served

    70th administrative law-enforcement agencies serve documents must have a delivery receipt, duly signed by the addressee or person in receipt sign or seal and sign the written date.

    Addressee in the receipt date is the date of service on the delivery receipt.

    71st administrative law-enforcement agencies serve documents, should generally be delivered directly to the addressee in person.

    The addressee is a citizen, signed with difficulty, by the adult members of their families who live with them to sign.

    Person is a legal person or other organization, and shall be the legal representative of the legal persons, other organizations in charge of the person or the legal person or organization responsible for the sign.

    The addressee has a representative, can be represented by an agent to sign.

    The addressee the specified receiver, receiver signed.

    Recipient sign a delivery receipt date is the date of service.

    72nd addressee or recipient refused to sign other instruments, the person can invite self-governing organizations or representatives of the recipient of the service unit arrived at the scene, explained the situation, rejected by subject matter and date written on the delivery receipt, by signature or seal service, witness, left the instrument in the addressee's domicile, that is deemed to be effected. 73rd directly with difficulty, can be served by post.

    Mailing delivery dates stated on the receipt for the service. The addressee is unknown, or by other means cannot be served as provided in this section, you can service.

    Spontaneously out of the expiration of 60 days from the date of notice deemed to be effected.

    12th Festival fees

    74th administrative law enforcement in accordance with laws and regulations other than fees shall be borne by the parties, administrative law-enforcement organs shall not be charged to a client.

    Administrative organization for law enforcement to charge the parties, must be issued to the party unified financial sector issued receipts.

    The fifth chapter summary

    75th to simple facts, verified, there is a statutory basis and little effect on the legitimate rights and interests of the parties, may apply summary procedure of administrative enforcement bodies make administrative enforcement decisions, laws and regulations on the application of the simplified procedure provided in range from its provisions.

    76th administrative law enforcement organs to summary proceedings may orally inform the parties of the administrative enforcement decisions on matters of fact, basis and rationale, and listen to the statements of the parties and to defend themselves. Establishment of the facts and reasons or evidence submitted by the parties, administrative law enforcement organs should be adopted.

    Not to adopt the reasons shall be given.

    77th for simple procedures, administrative enforcement decisions are made on the spot.

    Administrative law enforcement personnel of administrative enforcement decisions are made on the spot, it should be reported to the respective authorities for the record.

    Administrative enforcement decisions can be made in a formatted manner.

    The sixth chapter Executive

    Section I General provisions 78th coming into force at the service of the decision of the administrative law enforcement.

    Written decision of administrative law enforcement in force must be complied with.

    Party refuses to accept the decision on administrative law enforcement may apply for administrative reconsideration or bring an administrative lawsuit, the Administration decided not to stop the execution, except as otherwise provided by laws and regulations.

    79th administrative enforcement decisions involving monetary penalties, except by administrative law enforcement officials collected on the spot outside, the Parties shall from the date of receipt of the written decision of administrative law enforcement in the 15th, pay the fine to the specified bank.

    80th under any of the following circumstances, the Chief law enforcement officers to collect fines on the spot:

    (A) summary proceedings for 20 Yuan fine or is not collected on the spot after the enforcement difficulties;

    (B) in the remote, water and transportation areas, after the administrative penalty decisions from law enforcement organs, there is difficulty in Parties to the designated bank to pay the fine, put forward by the parties. 81st on the spot fines, administrative law enforcement personnel must be issued to the party concerned provincial financial departments issued ticket.

    Not issued by the provincial financial Department issued receipts, parties have the right to refuse to pay.

    82nd administrative law enforcement personnel shall collect fines on the spot, shall from the date of collection of 2nd within the respective administrative law enforcement organs; in water collected on the spot fines shall be from the date of arrival submitted to the respective administrative law enforcement organs in the 2nd administrative law enforcement agency shall, within the 2nd penalty paid by a specified financial institution.

    83rd the party of genuine financial hardship, delay or in installments to pay the fine, approved by the party applying for administrative law enforcement organs and can be suspended or made in installments.

    Parties applying for extension or in installments to pay the fine, must be made in writing; administrative law enforcement organs should be made from the date of receipt of the application within the 2nd on whether to approve the decision.

    84th among items shall be destroyed in accordance with law, and administrative law-enforcement agencies of illegal property confiscated in accordance with State regulations should be auctioned or in accordance with the relevant provisions of the State.

    Fine, the confiscation of illegal gains or confiscation of unlawful property or things of auction payment must be turned over to the State Treasury, any administrative law enforcement agency or individual may, on any form of interception, privately divide or disguised cases of unauthorized partition of financial departments shall not in any way to the administrative enforcement decisions made by administrative law-enforcement agencies returned fine, return the confiscated illegal gains or confiscation of unlawful property or things of the auction money.

    Section II administrative enforcement

    85th administrative law enforcement organs in accordance with the administrative decision, the parties do not fulfil their obligations within the time provided in, administrative law-enforcement agencies who will have administrative enforcement can enforce. 86th administrative administrative enforcement decisions from law enforcement authorities, should urge the parties concerned to meet their obligations.

    Notice shall be in writing and contain the following elements:

    (A) the term of the fulfilment of obligations by the parties;

    (B) enforcement;

    (C) involve money, there should be clear the amount and payment method;

    (D) the Parties shall have the right to.

    Notice, party to the decision of the administrative law enforcement, not enforcement. 87th after the parties receive interpellation has the right to make statements and to defend themselves.

    Administrative law-enforcement organs must be fully listened to the views of the parties, on the facts, reasons and arguments presented by the parties, should be recorded and reviewed; founded in the facts, reasons and arguments presented by the parties, administrative law enforcement organs should be adopted. 88th as notice, Parties late still not perform administrative enforcement decisions, and there is no justification for administrative enforcement agencies for administrative enforcement decisions are made.

    Administrative enforcement decisions should be made in writing, and contain the following particulars:

    (A) the name or title, address;

    (B) the facts and basis of administrative enforcement;

    (C) the manner and duration of administrative enforcement;

    (D) the right to apply for administrative reconsideration or bring an administrative action;

    (E) the name, stamp and date of administrative law enforcement organs. 89th implementation of administrative enforcement shall not be at night and on holidays.

    However, due to the urgency of the situation or the parties agree otherwise. Administrative law-enforcement organs may not stop water supply, power supply, heat supply, gas supply, such as forcing the parties to meet their obligations.

    Otherwise provided by laws and regulations, from its provisions.
90th administrative law enforcement agencies make money obligations of administrative enforcement decisions, a party fails to perform, administrative law-enforcement organ can add a fine by the day or late fees.

    91st administrative law enforcement organs according to law preclude prejudice, restitution and other obligations of the administrative enforcement decisions, a party fails to perform, the notice would not comply, administrative law enforcement authorities may delegate has no interest in the other organization to perform.

    Performance shall observe the following procedures:

    (A) served notice and carry out the subject, modalities, dates, locations and on the performance of people;

    (B) in the 3rd before the discharge date, urge the parties to fulfil party automatically execute and stop fulfilling;

    (C) performance, make a decision of administrative law enforcement organs should officers for monitoring;

    (D) are fulfilled, administrative law enforcement organs and fulfill people, parties or witnesses shall sign the instrument. Implementation expenses shall be borne by the parties.

    Except as otherwise provided by laws and regulations.

    92nd in accordance with the legal provisions on the construction of illegal structures, illegal facilities, illegal establishment of sign need to be torn down, should abide by the following procedures:

    (A) by the administrative law-enforcement agencies notify the parties, ordered to dismantle the parties;

    (B) the parties have the capacity to dismantle, law enforcement authorities may delegate has no interest in the other organization to perform;

    (C) overdue refused to dismantle the parties, unless otherwise provided by law, the administrative law-enforcement organs shall apply to a people's Court for compulsory execution.

    93rd in administrative enforcement action end date of 30th in the administrative law enforcement organs and administrative law enforcement personnel shall implement administrative enforcement action in the process of formation of the relevant materials according to the Liaoning Provincial Archives administrative law enforcement provisions of the regulations, form files.

    The seventh chapter by-laws 94th these provisions come into force on February 20, 2011.