Suzhou City Administration Implementation Measures For The Power Of Relatively Concentrated Administrative Punishment

Original Language Title: 苏州市城市管理相对集中行政处罚权实施办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340896.shtml

Suzhou city administration implementation measures for the power of relatively concentrated administrative punishment

    (December 21, 2010 Suzhou municipal people's Government at the 60th Executive meeting on December 30, 2010 115th Suzhou people's Government promulgated as of March 1, 2011) Chapter I General provisions

    First to strengthen urban management, improve administrative efficiency and norms implementation of relative-centralized administrative punishment right, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative punishment law and the State Council on further advancing the power of relatively concentrated administrative punishment and other provisions of the decision, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city relatively centralized administrative punishment right in urban management implementation, these measures shall apply.

    Article Urban Management Committee is the management of comprehensive coordination body, specifically responsible for coordinating and guiding the city management significant work to address urban management and major problems in the power of relatively concentrated administrative punishment.

    Fourth of municipal and county-level cities, urban management, administrative law-enforcement departments (hereinafter referred to as law enforcement sector) is the level shall exercise executive authority of relatively centralized administrative punishment in urban management, an independent law enforcement entity, in accordance with the functions and powers as provided herein, exercise of relatively centralized administrative punishment right in urban management, and bear the corresponding legal responsibility.

    Law enforcement departments city administration bodies may be entrusted implementation of relatively centralized administrative punishment right in urban management.

    County and district law enforcement department to street, town (zone) accredited law enforcement agency, exercised in accordance with the responsibilities of the Division responsible for the area of relatively centralized administrative punishment right in urban management.

    Article fifth legal work of the Government departments responsible for urban management of relative-centralized administrative punishment right of supervision and guidance.

    Planning, housing and urban-rural construction, amenities, services, gardening and landscaping, water (water), environmental protection, industry and commerce, public security, the land administrative departments shall cooperate with the law enforcement departments of the city administration power of relatively concentrated administrative punishment.

    Sixth city management exercise of the power of relatively concentrated administrative punishment shall follow the principles of lawfulness, fairness, openness, convenience, persist in combining administrative and management services, the combination of punishment and education, the implementation of administrative guidance, guide the public to participate in and accept social supervision.

    Article seventh relatively centralized administrative punishment right in urban management requirements included in the budget allocation from the full financial.

    Chapter II functions and powers

    Eighth law that law enforcement departments management of city appearance and environmental sanitation laws, regulations, rules and regulations of administrative punishment right, torn does not meet the standards of city appearance standards, sanitation of buildings or facilities.

    Nineth law that law enforcement departments of urban and rural planning management laws, regulations, rules and regulations of administrative punishment against illegal construction, but planners accept administrative licensing but has not yet approved building, that has been approved by the Planning Department of the building project was not in accordance with the planning and design or licensing conditions expires without renewal, temporary buildings except for the illegal construction of administrative punishment right.

    Tenth law that city law enforcement department urban green management laws, regulations, rules and regulations of administrative punishment right, but occurs in gardens, scenic, urban greening within the unit offences and the protection of ancient and famous trees except for violations of administrative punishment right for urban greening.

    11th law enforcement departments in the exercise of municipal management laws, regulations, rules and regulations in addition to gas, water, water supply, drainage and flood control management of administrative punishment right.

    12th exercise of environmental protection management in the law enforcement sector laws, regulations, rules, administrative punishment for the following offences:

    (A) in commercial activities, use of loudspeakers or other loud-noise to attract customers;

    (B) in institutions, hospitals, schools, research institutes, residential and other noise-sensitive buildings are concentrated in the region, using loudspeakers or engaged in processing service activities environmental noise pollution;

    (C) in populated areas and other areas that need special protection in the burning asphalt, linoleum, rubber, plastics, leather and other materials that produce toxic or harmful smoke or odor.

    13th City law enforcement department river management laws, regulations, rules and regulations, the following offences within the scope of administrative punishment right for urban river management:

    (A) the dumping of refuse, waste or discarded other wastes;

    (B) the scrubbing toilets, spittoons, oil containers, rotten goods or vehicles, appliances and other polluted water;

    (C) the direct discharge of sewage;

    (D) direct emissions restaurant or commercial slaughter poultry, aquatic products of waste water and sewage;

    (E) in the urban built-up area, zone or river without docking ships in the area of the town.

    Article 14th exercise of Administration for industry and commerce in the law enforcement sector laws, regulations, rules of administrative punishment against unlicensed vendors.

    15th City law enforcement departments to exercise public security traffic management laws, regulations, rules and regulations, in accordance with the provisions in the administrative punishment right for urban motor vehicles parked on the sidewalk.

    16th section of one of the following offences, be punished by law enforcement departments in accordance with the following provisions:

    (A) without permission on the main roads on both sides of the building doors, Windows that open, façade decoration, hanging shop signs or store brand, urban landscapes, to order within a time limit or to restore the status quo ante and can be fined 200 Yuan more than 1000 Yuan fine;

    (B) roads, squares and other public places do not provide for the parking of motor vehicles, or non-violation of the ban on motor vehicles provisions, warned or fined not more than 5 Yuan and 50 Yuan.

    17th State, province of relatively centralized administrative punishment right in urban management adapted to the functions and powers, in accordance with terms adjusted implementation.

    Municipal and county-level cities, the district people's Government in the country, the province approved cities within the functions and powers of the management power of relatively concentrated administrative punishment, for implementation in the administrative area of the power of relatively concentrated administrative punishment had special provisions for the administration of the city, from its provisions.

    18th City law enforcement departments to implement the power of relatively concentrated administrative punishment shall set the administrative punishment law, regulations and provisions of that regulation to enforce laws, rules and regulations related to the power of relatively concentrated administrative punishment and administrative investigation rights and administrative enforcement power.

    Power of relatively concentrated administrative punishment in the law enforcement sector, the administrative departments shall not exercise; continue to exercise, the administrative decision is invalid.

    Chapter III of law enforcement coordination

    19th levels of people's Governments shall establish and improve the relatively centralized administrative punishment right in urban management coordination mechanisms, strengthen law enforcement and administrative law enforcement cooperation between the relevant administrative departments to ensure relatively centralized administrative punishment right in urban management and effective implementation.

    20th City law enforcement department and relevant competent administrative departments shall establish and improve city management and exchange of law enforcement information-sharing mechanism to inform the administrative license, the administrative penalty of.

    Law enforcement departments investigated violations need to be designated by the relevant administrative departments, the relevant administrative departments should be identified in a timely manner; need technical appraisal shall entrust a qualified accreditation body to be identified.

    21st in law enforcement activities, the city law enforcement Department found violations do not belong to the jurisdiction of the Department, should be transferred to the Administrative Department that has jurisdiction in a timely manner.

    Authorities found violations by law enforcement departments investigated and dealt with according to law, should be transferred to the city law enforcement department on time.

    22nd public security departments should support the law enforcement departments to perform their duties, preventing city administration personnel performing official business according to law, should be dealt with according to law in a timely manner.

    The fourth chapter-enforcement regulations

    23rd city management power of relatively concentrated administrative punishment imposed administrative penalty power system and separation of penalty decisions from collection of penalty system, the implementation of responsibility system of administrative law enforcement and appraisal.

    24th law enforcement departments should be covered by the power of relatively concentrated administrative punishment law, relevant provisions of the regulations and rules for compilation of carding, and according to the laws, rules and regulations change adjustments in a timely manner.

    Law enforcement departments should standardize administrative enforcement, administrative punishments administrative powers, such as running programs and free judgment for administrative punishment benchmarks, and open to the public.

    25th law enforcement departments shall establish a sound mechanism for routine inspections, stops, investigating and correcting violations of city management laws, regulations, rules and regulations of the Act. Article 26th City law enforcement agencies investigate and deal with illegal acts, for the purpose should be to correct the violations.

    The law a minor, harmless and should be education, shall be ordered to correct violations; people take the initiative to correct the violations committed illegal acts, shall be given a lighter or mitigated punishment or be exempted from punishment.

    27th the city administration the Chief law enforcement officer in the execution of their duties, shall be uniform, wearing a uniform enforcement of marks, administrative law enforcement documents show, in accordance with the procedures laid down in laws, regulations and rules enforcement. 28th City law enforcement departments to implement withholding, advanced registration and preservation of evidence and other measures, shall draw up a list indicating goods, evidence of the name, type, 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.

    Fresh, perishable articles temporarily of the rot, should be dealt with properly and timely in accordance with the relevant provisions.

    The fifth chapter law enforcement and supervision

    29th people's Governments at various levels shall strengthen the city law enforcement department to exercise the power of relatively concentrated administrative punishment work supervision and inspection.

    Article 30th law enforcement departments should be introduced for open Government, take the initiative to accept supervision by the national people's Congress, the CPPCC National Committee and the public.

    31st City law enforcement departments should set up offence reporting system, and the informer confidential.
Citizens, legal persons or other organizations to report violations, is within the limits of responsibility, should be investigated in a timely manner; not within the area of responsibility shall be transferred to the relevant departments in a timely manner, and notifies the whistleblower.

    32nd of municipal law enforcement departments should strengthen the County and district law enforcement operational guidance, coordination, evaluation and supervision of the sector.

    Municipal Department of law enforcement found that County and district law enforcement department on the investigation of violations should be investigated and dealt with without, it should be ordered to investigate and punish; finding County-level cities, the district city for violations of law enforcement agencies investigating illegal or improper, it should be ordered to correct.

    Article 33rd City law enforcement of the following acts of law enforcement departments and their staff, shall be investigated for responsibility; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law; damage caused should be compensated according to law:

    (A) the violation of personal rights or other legitimate rights and interests of the parties;

    (B) abuse of power, dereliction of duty and favoritism;

    (C) has no legal basis or in compliance with statutory procedures impose administrative penalties;

    (D) cannot reason or violation of legal procedures without changing the administrative penalty decisions that have been made;

    (E) is not made according to the provisions of legal instruments or not the use of legal instruments;

    (Vi) are withheld, misappropriated, privately divide or disguised cases of unauthorized partition of attachment, arrest, confiscation of property;

    (G) request the parties to assume non-statutory obligations;

    (VIII) other law enforcement actions.

    The sixth chapter supplementary articles 34th article of the rules take effect on March 1, 2011. Effect on October 1, 2001, relative-centralized administrative punishment right of the Suzhou city management pilot scheme also abolished.