(Sixth ordinary meeting of the Shanghai People's Government of 24 May 2010 to consider the adoption of Decree No. 45 of 28 May 2010 by the Government of the Shanghai City of China, as of 1 July 2010)

The Government of the city has decided to amend the Act on the Equalization of Administrative Punishment in the Cultural Area of the Shanghai City as follows:

Paragraph 3 of Article 3 reads as follows:

The executive branch, such as the wide range of videos, press publication, copyrights, sports, tourism, public safety, business and business, should work relatively focused on administrative penalties in the field of culture, in line with the General Directorate for Cultural Law Enforcement and the Regional Integrated Law Enforcement Agencies (hereinafter referred to as “Integrated Law Enforcement Agencies in the City and Districts”).

Article 4, subparagraph (b), was amended to read as follows:

In accordance with laws, regulations and regulations, the executive penalties exercised by the executive branch responsible for the publication of the municipal press publication, the municipal copyright administration and the district;

Amend Article 9 to read:

The relevant administrations such as municipal and district cultural integrated law enforcement agencies should strengthen communication to achieve the sharing of administrative penalties, administrative licences and other relevant information relating to the right to public punishment in the field of culture.

The National People's Republic of China Regulation on the Regulation of Magistrates is amended to the Law on the Safety and Security of the People's Republic of China.

This decision has been implemented effective 1 July 2010. The right to administrative punishment in the area of the Shanghai City is relatively concentrated in accordance with the consequential changes and adjustments in this decision.

Annex: Methods for relatively concentrated administrative penalties in the field of the Shanghai City of Culture (Amendment, 2004)

(Act No. 42 of the Supreme People's Government Order No. 42 of 24 December 2004 to amend the Decision of the Government of the Shanghai City of 28 May 2010 to amend the Decision of the Government of the People of the Shanghai City to amend the Convention on the Equalization of Administrative Punishment in the Field of the Shanghai City)

Article 1

In order to enhance the effectiveness of administrative law enforcement in the area of culture in this city, this approach is based on the National People's Republic of China's Administrative Punishment Act and the State Department's Decision on furthering the relatively centralized administrative penalties and the provisions of relevant laws, regulations and regulations.

Article 2

The application of this approach is applied in the area of culture that is relatively central to the exercise of the right to administrative punishment and the right to administrative enforcement and administrative inspection (hereinafter referred to as the executive punishment).

Article 3

The Chief Administrative Enforcement Team of the Shanghai City Cultural Market (hereinafter referred to as the General Directorate of Cultural Law Enforcement) is the direct administrative law enforcement agency of the city's Government, which is responsible for integrated enforcement in the area of the city-wide culture and focuses on the exercise of administrative sanctions in the field of culture.

The Integrated Organic Law Enforcement Agencies of the District are the direct executive law enforcement agencies of the zone government, which, in accordance with their competence under this approach, concentrate on the exercise of administrative sanctions in the area of culture and accept the operational guidance and supervision of the ICJ.

The executive branch, such as the wide range of videos, press publication, copyrights, sports, tourism, public safety, business and business, should work relatively focused on administrative penalties in the field of culture, in line with the General Directorate for Cultural Law Enforcement and the Regional Integrated Law Enforcement Agencies (hereinafter referred to as “Integrated Law Enforcement Agencies in the City and Districts”).

Article IV

The integrated cultural law enforcement agencies in the city and the district are centrally exercising the following administrative penalties:

(i) The right to administrative punishment, which is exercised by the municipal and district cultural broadcast video administration, in accordance with the provisions of the law, regulations and regulations;

(ii) In accordance with the provisions of laws, regulations and regulations, the executive penalties exercised by the executive branch responsible for the publication of the municipal press publication, the municipal copyright administration and the district;

(iii) In accordance with the provisions of laws, regulations and regulations, the administrative penalties exercised by the municipal and district property administration authorities;

(iv) In accordance with the provisions of laws, regulations and regulations, the executive penalties exercised by the municipal and district sports administration authorities;

(v) In accordance with the provisions of laws, regulations and regulations, the right to administrative punishment exercised by the municipal and district tourism administration authorities;

(vi) The right to administrative punishment in other areas specified by the Government of the city.

Article 5

The General Directorate of Cultural Law Enforcement is responsible for the identification of offences that have a greater impact throughout the city, as well as legal, regulatory and regulatory provisions that should be investigated by the municipal administration.

The zonal cultural integrated law enforcement agencies are responsible for investigating violations committed within this jurisdiction. Two or more district culturally integrated law enforcement agencies have disputed their functions in the investigation of the offences committed and are determined by the General Ministry of Cultural Law. In the case of an offence to be investigated by district culturally integrated law enforcement agencies, district cultural integrated law enforcement agencies have not been identified, and the municipal cultural law enforcement team may be responsible for the investigation and may also be directly checked.

Article 6

Following the relative concentration of administrative penalties in the area of the city's culture, the relevant municipal and district administrations and the legal, regulatory and authorized organizations are no longer exercising administrative penalties that have been centrally exercised by municipal and district cultural integrated law enforcement agencies; administrative penalties are still in place.

Article 7 (Designment of cases)

The administrative authorities have found that the suspected infringements to be dealt with by municipal and district integrated cultural law enforcement agencies should be handled in a timely manner. In law enforcement inspections, municipal and district cultural integrated law enforcement agencies have identified suspected offences that go beyond the scope of responsibility and should be transferred in a timely manner to the relevant administration.

The transfer sector should be informed in a timely manner after the decision was taken.

Article 8

Integrated cultural law enforcement agencies in urban and district areas should establish a system of reporting of violations and keep the reportingers confidential.

Violations reported to citizens, legal persons or other organizations, within the scope of their responsibilities, integrated cultural law enforcement agencies in municipalities and districts should be checked in a timely manner, outside the scope of their duties, and municipal and district cultural integrated law enforcement agencies should be transferred in a timely manner to the relevant sectors. Integral law enforcement agencies in municipalities and districts should inform the reportingers of the identification or transfer.

Article 9 (Information-sharing)

The relevant administrations such as municipal and district cultural integrated law enforcement agencies should strengthen communication to achieve the sharing of administrative penalties, administrative licences and other relevant information relating to the right to public punishment in the field of culture.

Article 10

The denial, obstruction of an integrated law enforcement officer in the field of culture, the non-use of violence and threats, and the punishment of public security authorities in accordance with the Law on the Safety and Security of the People's Republic of China; the use of violence, threats constitute criminality by law.

Article 11

Integrated law enforcement agencies and their integrated law enforcement agencies in the area of culture in both urban and district areas should be subject to justice. Criminal accountability is provided by law to abuse of authority, toys negligence, to provocative fraud, to be subject to bribery.

Article 12 (Review and litigation)

The parties' specific administrative acts against the commune cultural law enforcement unit can apply to the Government of the city for administrative review, in accordance with the provisions of the National People's Republic of China's Administrative Review Act, or directly to the People's Court in accordance with the provisions of the National People's Republic of China Administrative Procedure Act.

Specific administrative actions by the parties against the zonal culturally integrated law enforcement agencies can be applied to the local government or to the municipal cultural law enforcement team, in accordance with the provisions of the National People's Republic of China Administrative Review Act, or directly to the People's Court, in accordance with the provisions of the National People's Republic of China Administrative Procedure Act.

Article 13

This approach was implemented effective 1 January 2005. The provisional application of administrative law enforcement in the area of the culture of the Shanghai City, issued by the Shanghai People's Government on 29 December 1999, was also repealed.