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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264199.shtml

Harbin, interim provisions on the administrative sanction against civil servants of administrative organs in the field of engineering construction (May 6, 2010 Harbin Government consideration at the 66th general meeting on May 10, 2010 Harbin municipal people's Government order No. 220, published since June 15, 2010) article as a serious administrative discipline, standardize administrative actions in the field of engineering construction, maintenance of engineering construction market order, according to the People's Republic of China Law on administrative supervision, the People's Republic of China Law on civil service, regulations on the punishment of civil servants of administrative organs and other relevant laws and regulations,

    This municipality actually, these provisions are formulated.

    Provisions of this article apply to civil servants of administrative organs in the field of engineering construction in the administrative area of the city (hereinafter referred to as the civil service) to administrative sanctions.

    Authorized by the laws, regulations or administrative organ entrusted institutions exercising public functions in the management of the civil service staff in administrative sanctions, reference to the provisions

    Article III administrative sanction against civil servants, should adhere to principles of fairness, equity and education combined with punishment.

    Given the punishment of civil servants should be commensurate with the nature and seriousness of the violation, the degree of hazard.

    Given the punishment of civil servants, the facts are clear and irrefutable evidence and accurate, legal, procedures to process the appropriate and complete.

    Fourth municipal supervisory authorities are responsible for implementation of this provision and in accordance with the administrative rights of surveillance in violation of the provisions of the civil service administrative sanctions.

    Civil service appointment and removal or areas, counties (cities) supervisory organs, in accordance with administrative privileges to surveillance in violation of the provisions of the civil service to implement administrative punishments.

    Fifth civil service has one of the following, appointed by a civil servant or a supervisory authority, in accordance with administrative privileges, giving warning, demerit, demerit; plot heavy, demotion or dismissal in serious cases, expelled:

    (A) violation of the decision-making procedure, blind to project construction projects;

    (B) imposed on illegal land acquisition, demolition action ineffective;

    (C) the use of terms of reference of the intervention project, disturbs market order or to seek illegitimate interests;

    (D) illegal record construction projects;

    (E) illegal land use, the rate of building volume;

    (Vi) illegal transfer of State-owned land, avoid, reduce, land leasing;

    (G) the unlawful reduction, from urban infrastructure supporting fees, fees;

    (H) avoiding tendering, Sham tendering, Wai s series standard illegal subcontracting, subcontracting, illegal tender agent, illegal tender, ineffective;

    (IX) construction against illegal behaviors of ineffective;

    (J) construction against illegal acts of concealing, harboring and conniving;

    (11) due to lack of supervision, construction quality and safety accident occurs, or for the quality, safety, accident relief inadequate, improper treatment caused serious consequences;

    (12) for illegal sales of commercial Housing Act ineffective;

    (13) an administrative punishments, administrative collection and administrative inspections, administrative coercive measures, losses are caused to citizens, legal persons and other organizations;

    (14) because of dereliction of duty and hurt public interests, caused masses of skipping appeal and major incidents affecting social stability;

    (15) because of dereliction of duty and make the organ specific administrative acts by the administrative reconsideration decision or entry into force of the administrative decision revoke or alter, confirming a violation of;

    (16) shall be handed over to judicial organs for criminal responsibility is not transferred, replaced by administrative penalties or disciplinary penalties;

    (17) any other acts in violation of laws, rules and regulations need to be given an administrative sanction.

    Sixth civil servant has any of the following circumstances, it shall be given a heavier punishment:

    (A) in violation of the provisions again during the sanction period should be given administrative sanctions;

    (B) two or more violations of this provision shall be given an administrative sanction;

    (C) obstructs, resists the civil service appointment and removal or supervisory agencies in the investigation of violations of these regulations;

    (D) conceal, falsify, destroy the factual evidence;

    (E) the shield of the co-accused;

    (Vi) to informants, witnesses or investigators ' revenge;

    (VII) coercion, incitement to violation of the provisions;

    (VIII) any other shall be given a heavier punishment.

    Seventh article in violation of the provisions of the civil service violated citizens, legal persons and other organizations, the legitimate rights and interests of national compensation caused by, the Department shall impose recourse.

    Eighth civil servants to one of the following circumstances, be given a lighter or mitigated punishment or be exempted from punishment:

    (A) acts that violate the regulations relatively minor, causing no damage;

    (B) for violating regulations and proactively correct;

    (C) acts against others in violation of regulations, verified;

    (D) any other lighter or mitigated punishment or be exempted from sanctions.

    Nineth of administrative sanction against civil servants receive, investigate, address, in accordance with the People's Republic of China Law on administrative supervision, the People's Republic of China Law on civil service, the punishment of civil servants of administrative organs regulations shall apply.

    Tenth administrative sanction is dissatisfied with a decision of the civil service, may, in accordance with the People's Republic of China Law on administrative supervision, the People's Republic of China Law on civil servants and relevant provisions of the regulations on the punishment of civil servants of administrative organs to apply for a review or appeal.

    11th civil violation constitutes a crime shall be transferred to judicial organs for criminal responsibility shall be investigated according to law.

    12th civil servants have violated the administrative examination and approval should be given administrative sanctions in accordance with the People's Republic of China on administrative supervision law, regulations on the punishment of civil servants of administrative organs, AEA staff, Harbin and the provisional regulations on administrative sanctions regulation. The 13th article of the regulations come into force on June 15, 2010.