Shanghai, Shanghai Municipal People's Government On The Revision Of The Cultural Power Of Relatively Concentrated Administrative Punishment Decision Approach

Original Language Title: 上海市人民政府关于修改《上海市文化领域相对集中行政处罚权办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264177.shtml

Shanghai, Shanghai Municipal People's Government on the revision of the cultural power of relatively concentrated administrative punishment decision approach

    (May 24, 2010 Shanghai Municipal People's Government, the 76th General session on May 28, 2010, Shanghai Municipal People's Government, the 45th release as of July 1, 2010) municipal decisions on Shanghai cultural power of relatively concentrated administrative punishment measures in the field to make the following modifications:

    First, modify the third paragraph of article to:

    All levels of broadcasting, film and television, journalism, publishing, copyright, heritage, sport, tourism, public security, industrial and commercial administrative department shall cooperate with the municipal cultural law enforcement Corps and district cultural law enforcement agency (hereinafter "culture of city and County law enforcement agencies") do the cultural power of relatively concentrated administrative punishment.

    Second, the fourth paragraph (b) is revised as follows:

    According to the laws, rules and regulations, originally published by the City News, city copyright administrative departments and district is responsible for the administration of the Executive in the exercise of the power of administrative penalty;

    Third, the article is revised as follows:

    City and district cultural law enforcement agency and municipal and district/County broadcasting, film and television, journalism, publishing, copyright, heritage, sport, tourism, public security, industrial and commercial administrative departments should strengthen communication, achieving relative-centralized administrative punishment right in culture-related administrative penalties, administrative licenses, and any other relevant information sharing.

    Four, tenth in the People's Republic of China amending the regulations on administrative penalties for public security of the People's Republic of China Law on administrative penalties for public security. This decision shall enter into force on July 1, 2010.

    Shanghai power of relatively concentrated administrative punishment measures in the field of culture under this decision be revised and adjusted, republished.

    Report: Shanghai power of relatively concentrated administrative punishment measures in the field of culture (revised 2010)

    (December 24, 2004 42nd of Shanghai Municipal announced on May 28, 2010 released by the Shanghai Municipal People's Government, the 45th of the Shanghai Municipal People's Government to amend the Shanghai cultural power of relatively concentrated administrative punishment decision amending the approach)

    The first (goal)

    In order to improve the effectiveness of administrative law enforcement in the field of culture, the city, under the People's Republic of China on administrative punishment law and the State Council on further advancing the work of relatively concentrated administrative punishment decision, as well as the provisions of relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article II (scope of application)

    Relative-centralized administrative punishment right in the field of culture, the city, as well as associated with administrative punishment right of compulsory administrative power and administrative checks (hereinafter referred to as administrative punishment right) exercise these procedures apply.

    Article III (implementation and coordination departments)

    Shanghai cultural market administrative law enforcement Corps (hereinafter referred to as municipal cultural law enforcement Corps) is a municipality directly under the administration of law enforcement agencies in charge of the city law enforcement work in the field of culture, centralized exercise of administrative punishment right in the field of culture.

    County-level cultural law enforcement agency directly under the County Government's administrative law-enforcement agencies, in accordance with the permission as provided herein centralized exercise of administrative punishment right in the field of culture in the area, and accept the cultural Corps of professional guidance and supervision of law enforcement.

    All levels of broadcasting, film and television, journalism, publishing, copyright, heritage, sport, tourism, public security, industrial and commercial administrative department shall cooperate with the municipal cultural law enforcement Corps and district cultural law enforcement agency (hereinafter "culture of city and County law enforcement agencies") do the cultural power of relatively concentrated administrative punishment.

    Fourth (power of relatively concentrated administrative punishment)

    City and district cultural law enforcement agencies focused on exercising the right to the following administrative penalties:

    (A) according to the laws, rules and regulations, was formed by city and district administration of culture, radio, film and television sectors of administrative punishment right

    (B) in accordance with the law, rules and regulations, originally published by the City News, city copyright administrative departments and district is responsible for the administration of the Executive in the exercise of the power of administrative penalty;

    (C) according to the laws, rules and regulations, was formed by municipal and county-level administration of cultural relics departments of administrative punishment right;

    (D) in accordance with the law, rules and regulations, originally by city and County sport administrative departments in the exercise of the power of administrative penalty;

    (E) in accordance with the law, rules and regulations, originally by city and County Tourism administrative departments in the exercise of the power of administrative penalty;

    (F) the right to an administrative penalty stipulated by the municipal people's Government.

    Fifth (city and district cultural law enforcement agency Division of permissions)

    Municipal cultural law enforcement team is responsible for investigating offences has greater influence in the city, as well as laws, rules and regulations required by the municipal administrative law enforcement agencies responsible for the investigation of an offence. County-level cultural law enforcement agency responsible for investigating offences committed within their respective jurisdictions. Two or more county-level cultural law enforcement agencies in the investigation of violation on the terms of reference of the dispute, determined by the municipal cultural law enforcement Corps.

    Shall by district cultural law enforcement agency investigation violations district culture has not been investigated by law enforcement agencies, can be ordered to investigate of city cultural law enforcement Corps, can also be directly investigated.

    Sixth (other law enforcement agencies to restrict permissions)

    After the cultural power of relatively concentrated administrative punishment in this city, municipal and district administrative authority relating to the laws and regulations authorized by the organization no longer exercised by municipal and district cultural law enforcement agency centralized exercise of administrative punishment right; still, the administrative decision is invalid.

    Seventh (removal) Relevant administrative departments found in the surveillance activities should be undertaken by municipal and district cultural agencies suspected of illegal acts, shall be transferred for processing in a timely manner.

    City and district culture found in the law enforcement agencies in the law enforcement examination beyond the scope of responsibilities of alleged violations should be transferred to the relevant administrative departments to deal in a timely manner.

    Relevant administrative departments and the municipal and district cultural law enforcement agency without good reason, refuse to accept transfer cases, and shall make a decision to inform the transfer Department.

    Eighth (report accepted)

    City and district cultural offence reporting system should be established by law enforcement agencies, and the informer confidential. Citizens, legal persons or other organizations to report violations, within the mandate of the genus, municipal and county-level cultural law enforcement agency shall promptly investigate; outside the area of responsibility of the genus, municipal and county-level cultural institutions should be transferred to the relevant law enforcement departments.

    Municipal and county-level cultural law enforcement agency shall investigate or transfer inform the informers.

    Nineth (information-sharing)

    City and district cultural law enforcement agency and municipal and district/County broadcasting, film and television, journalism, publishing, copyright, heritage, sport, tourism, public security, industrial and commercial administrative departments should strengthen communication, achieving relative-centralized administrative punishment right in culture-related administrative penalties, administrative licenses, and any other relevant information sharing.

    Tenth (refuses or obstructs the enforcement of liability)

    Refuse or obstruct the cultural field law enforcement personnel performing official business according to law, without resorting to violence, threats, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security penalty; the use of violence, threat to constitute a crime, criminal responsibility shall be investigated according to law.

    11th (violations of the law enforcement investigation) City and County law enforcement institutions and law enforcement personnel in the field of culture should be the law impartially.

    To abuse their powers, neglect their duties, favoritism, bribes, given an administrative sanction by the unit; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    12th (reconsideration and litigation)

    Party City cultural law enforcement Corps specific administrative acts, according to the People's Republic of China administrative review provisions of the Act, the municipality may apply for administrative reconsideration; can also be the basis of the People's Republic of China administrative litigation law of the provisions directly initiate litigation to the people's Court.

    Party district culture of specific administrative act undertaken by law enforcement agencies, according to the People's Republic of China administrative review provisions of the Act, to the County Government, culture, or apply for administrative reconsideration law enforcement Corps; can also be the basis of the People's Republic of China administrative litigation law of the provisions directly initiate litigation to the people's Court.

    13th (execution date) These measures shall take effect on January 1, 2005. On December 29, 1999 area of culture of Shanghai Municipal People's Government issued the provisional regulations on administrative law enforcement integrated exercise of right abolished at the same time.