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Harbin, Interim Provisions On The Administrative Sanction Against Civil Servants Of Administrative Organs In The Field Of Engineering Construction

Original Language Title: 哈尔滨市工程建设领域行政机关公务员行政处分暂行规定

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Provisional provision for the administrative disposition of civil servants in the area of construction in the city of Harhama

(It was considered at the 66th ordinary meeting of the People's Government of the city of Hamilko on 6 May 2010 for publication, effective 15 June 2010, through Decree No. 220 of 10 May 2010 of the Government of the Hasa municipality)

Article 1 regulates administrative acts in the area of construction of works and maintains good market order in the area of construction, in accordance with the relevant laws, regulations and regulations, such as the National People's Republic of China's Administrative Monitoring Act, the Civil Service Act of the People's Republic of China, the Civil Service Act of the executive branch and the Civil Service Disposal Ordinance.

Article 2 applies to the administrative disposition of civil servants (hereinafter referred to as civil servants) in the area of construction within the city's administration.

The executive branch responsible for the exercise of public management functions is mandated by law, by law, by law, by law, by law, by virtue of the administrative disposition of staff administered by civil servants, taking into account the implementation of this provision.

Article 3 provides for the administrative disposition of civil servants and should uphold the principles of equity, equity and education and punishment.

The disposition of civil servants should be tailored to the nature, circumstances and extent of the offence.

The disposition of civil servants should be clear, well-documented, precise and appropriate, legal and procedural.

Article IV is responsible for the implementation of this provision by the municipal inspectorate and the administrative disposition of civil servants in violation of this provision in accordance with the authority of management.

The civil service is exempted from the authority or by district, district (community) inspectorate, and administrative disposal of civil servants in violation of this provision is carried out in accordance with the authority of management.

Article 5 Civil servants have one of the following cases, which are granted by the civil service as a non-exclusive organ or an inspectorate in accordance with the authority of management, warning, negligence and excessive disposal; in the light of the gravity of the circumstances, giving downgradation or dismissal; and in the event of a serious circumstance giving dismissal:

(i) In violation of the decision-making process, blind eye to the construction project;

(ii) Expropriation and removal of land in violation;

(iii) Taking advantage of its mandate to intervene in construction, disrupting the construction of a market order or complicity to gain undue interest;

(iv) Project for the construction of works in violation cases;

(v) Removal of land use in violation of the law and the improvement of the construction rate;

(vi) Expropriation of State land and the removal of land concessions;

(vii) Currency reduction, exemption from urban infrastructure packages;

(viii) The conduct of circumvention of tenders, false tenders, perimeterings, unlawful transfer packages, subcontracts, unlawful solicitation agents, and unlawful evaluation of tenders;

(ix) The investigation of violations of engineering construction;

(x) To conceal, cover and condon the conduct of engineering construction in violation of the law;

(xi) The occurrence of accidents in quality of construction, security responsibility, or serious consequences for quality, safety responsibility accident and inadequate processing of measures;

(xii) Execution of the sale of commodities in violation;

(xiii) Execution of administrative penalties, administrative charges, administrative inspections, administrative coercive measures, resulting in losses to citizens, legal persons and their organizations;

(xiv) Believing the interests of the mass, resulting in higher-level visits and major group events affecting social stability;

(xv) Removal, change and recognition of the law by administrative decisions or entry into force of a specific administrative act made by this organ because of negligence;

(xvi) The transfer of criminal responsibility by the judiciary and the absence of a transfer of administrative penalties or the substitution of sentences;

(17) Other violations of laws, regulations and regulations require administrative disposition.

Article 6. Civil servants have one of the following cases:

(i) A renewed violation of this provision during administrative disposal;

(ii) There are more than two violations of this provision that should be subject to administrative disposal;

(iii) Obstacles, resisting the dismissal of civil servants or investigating violations of this provision by the inspectorate;

(iv) Conclusive, forged and destroyed evidence;

(v) To shelter the same person;

(vi) Combat retaliation against the reportingers, witnesses or perpetrators;

(vii) Forced, instigated others in violation of this provision;

(viii) There are other cases that should be reactive.

Article 7. Civil servants are in breach of this provision that violates the legitimate rights and interests of citizens, legal persons, other organizations, and that the organs of the State should be treated in accordance with the law.

Article 8. Civil servants may be disposed of by reason, mitigation or dismissal:

(i) The breach of the provisions is relatively minor and does not result in damage;

(ii) To recognize violations and to be able to respond proactively;

(iii) The prosecution of violations committed by another person and is valid;

(iv) There are other cases of light, mitigation or immunity from administrative disposal.

Article 9 receives, investigates and handles the administrative disposition of civil servants, in accordance with the National People's Republic of China's Administrative Monitoring Act, the Civil Service Act of the People's Republic of China and the Civil Service Disposal Regulations of the Administration.

Article 10. Civil servants may apply for review or appeal in accordance with the relevant provisions of the National People's Republic of China's Administrative Monitoring Act, the Civil Service Act of the People's Republic of China and the Civil Service Disposal Regulations of the Administrative Authority.

Article 11. Civil servants who violate the provisions constitute crimes shall be transferred to the judiciary to hold criminal responsibility in accordance with the law.

Article 12. The enforcement of administrative approval by civil servants in violation of the law of the People's Republic of China shall be subject to administrative disposition, in accordance with the provisions of the Administrative Monitoring Act of the People's Republic of China, the Civil Service Disposal Regulations of the Administration and the Provisional Rules for the Administration of the Approval of Staff.

Article 13