Heilongjiang Province Relative-Centralized Administrative Punishment Right

Original Language Title: 黑龙江省相对集中行政处罚权规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264173.shtml

Heilongjiang province relative-centralized administrative punishment right

    (July 12, 2010 43rd Executive session of Heilongjiang province on July 20, 2010 4th release from Heilongjiang province people's Government as of September 1, 2010) first in order to power of relatively concentrated administrative punishment according to law, improve the comprehensive efficiency of administrative law enforcement, promoting administration according to law, speed up the construction of Government governed by law, in accordance with the People's Republic of China on administrative punishment law and the relevant provisions of the State Council, combined with the facts of the province, these provisions are formulated.

    Article within the administrative region of this province by the State Council or provincial approval by an Executive exercising administrative penalty power of the executive authorities (hereinafter referred to as relative-centralized administrative punishment right), these provisions shall apply.

    Relatively centralized administrative punishment right article III shall follow the legal norms, harmonizing, streamlining the principle of combining efficiency, management and service. Fourth provincial is relative-centralized administrative punishment right of approval authorities.

    Provincial Government in charge of legal affairs institutions specifically responsible for the Organization and implementation of the provisions of, and responsible for the province's relative-centralized administrative punishment right of organization, coordination, guidance and oversight.

    Preparation, finances, housing, public security, industry and commerce, environmental protection and other sectors according to the respective functions of the power of relatively concentrated administrative punishment provide professional guidance and supervision.

    Above the county level shall be responsible for the leadership of the local power of relatively concentrated administrative punishment, the institutions responsible for Legal Affairs are responsible for guiding, standardizing local power of relatively concentrated administrative punishment.

    The fifth section of the people's Governments above the county level, meet the following conditions may apply for work power of relatively concentrated administrative punishment:

    (A) the relevant administrative responsibilities in the field or a similar number of administrative law-enforcement departments, or decentralized enforcement affecting the efficiency of law enforcement;

    (B) centralized exercise of administrative punishment right sector is the level of Government is a member of an executive body, able to carry out their duties in their own name, and bear the corresponding legal responsibility;

    (C) the requirements under this centralized law enforcement Department of finance in full security, and law enforcement personnel for civil servants in the sector.

    Sixth County people's Government above the research argues that the power of relatively concentrated administrative punishment can be developed the programme of work, the Executive meeting of the people's Governments at the corresponding level, and meeting minutes and documents, escalating provincial people's Government. Reported by the people's Governments above the County carried out relative-centralized administrative punishment right of application documents and the programme of work, by government agencies in charge of Legal Affairs in conjunction with the provincial authority in accordance with the relevant provisions and conditions provided for in the provisions of the fifth review and site visits will be necessary.

    In conformity with the provisions and by agencies of the provincial government in charge of Legal Affairs submitted to the provincial people's Government approved and submitted to the Legislative Affairs Office of the State Council for the record; irregular or larger reality with application materials will not be reported and informed authorities.

    Seventh people's Governments above the county level power of relatively concentrated administrative punishment Department (hereinafter referred to as centralized law enforcement) under approval of the State Council or provincial people's Government, carry out the following functions:

    (A) the exercise of city appearance and environment sanitation management law, the right to administrative penalties stipulated in laws and regulations, torn down by law do not conform to the city appearance standards, sanitation standard illegal buildings or facilities;

    (B) the exercise of urban and rural planning and management laws and regulations, the right to all or some of the administrative penalties stipulated in regulations;

    (C) the exercise of urban green management in law, the right to administrative penalties stipulated in laws and regulations;

    (D) the exercise of municipal management in the law, the right to administrative penalties stipulated in laws and regulations; (Five) exercise environmental protection management aspects legal, and regulations, and regulations provides of in city street and public burning produced toxic harmful and stench gas material, not timely removal, and disposal building construction process in the produced of garbage, not in specified locations dumping, and stacked and free threw sub city life garbage, in transport process in the along discarded or left sub solid waste, transport handling storage can distributed toxic harmful gas or dust material, open barbecue food, in commercial activities in the to high noise of method touting customer, building construction

    Noise pollution, decoration and other acts of administrative punishment right

    (F) exercise of Administration for industry and commerce in laws, regulations, rules and regulations of the license-free road or square outdoor stalls in public places such as presence, street level mobile operations of administrative punishment right

    (G) the exercise of the public security traffic management laws and regulations, regulations require off-road business activities, as well as on the sidewalk in the administrative punishment of road traffic offences;

    (VIII) to discharge such other duties as provincial and municipal people's Governments.

    Eighth approved relative-centralized administrative punishment right above the county people's Governments need administrative penalties stipulated in article seventh rights focused law enforcement sector to other administrative law enforcement responsibility, should be submitted to the provincial people's Government for the record.

    Nineth concentrated enforcement departments in accordance with the seventh and eighth article and made sure specific rights, the people's Governments at the corresponding levels to the public in a timely manner.

    After the tenth power relatively centralized administrative punishment, the departments concerned shall not exercise has once again been adjusted out of administrative punishment right still exercise, make a decision of administrative penalty shall be invalid.

    11th set qualifications for law enforcement agencies should carry out administrative enforcement law enforcement finds fault, legal training, regular rotation and accountability systems, constantly strengthen the building and improve the political and professional quality of law enforcement personnel.

    12th centralized law enforcement departments of administrative law enforcement personnel to perform their duties, the administrative law enforcement code of conduct should be guided by the following:

    (A) to perform their statutory duties, not exceeding their powers or prevarication, his duty;

    (B) to investigate offences when at least two people and take the initiative to produce a unified province people's Government documents issued by administrative law enforcement, identification;

    (C) the manners, language rules, costume in neat formation, wear a uniform identification;

    (D) the patience to listen to the statements of the parties and to defend themselves the facts, reasons and evidence submitted by the parties should be reviewed, not because the parties ' representations and aggravating;

    (E) finding violations, you should first order the party to correct or rectify shall not be replaced by a fine remedy for violations;

    (F) the offence minor and correct, causes no harmful consequences shall conduct education and counseling, no administrative penalty;

    (G) impose administrative penalties must be based on the facts, facts, nature and seriousness of the violations and the harm;

    (VIII) other laws, regulations, rules and regulations of administrative law enforcement code of conduct.

    13th focus law enforcement discretion reference system should be established, the penalties provided for type and range, reasonable refinement of its implementation with the discretionary power of administrative punishment.

    14th article illegal facts clear, and evidence, and has clear of legal, and regulations or regulations for according to, on citizens sentenced 50 Yuan following, and on corporate or other organization sentenced 1000 Yuan following fine or warning of administrative punishment, and according to People's Republic of China Road traffic security method implementation of 200 Yuan following fine of administrative punishment, concentrated law enforcement sector can in accordance with simple program, by administrative law enforcement personnel spot fill in administrative punishment decided book delivered party, and in two days to belongs sector record. 15th except in accordance with the provisions of article 14th would be able to make a decision of administrative penalty in the case, other cases should be filed under the General procedure. Handling agency investigation and evidence collection, shall be examined by the institutions of the Department in charge of Legal Affairs, before the approval of the Department head.

    To meet the standards of administrative punishment hearing, before making the decision on administrative penalty, it shall inform the parties have the right to request hearings, shall be organized at the request of the parties and the hearing; for complicated or major requires heavier administrative punishment for offences, the Department heads should be decided collectively.

    16th central law enforcement agencies before the imposition of administrative penalty according to law, can take the following means, relevant units and individuals shall cooperate with:

    (A) access to on-site inspections or investigations, through audio, video, photography, review, review, copy the relevant information, and ask the parties and persons concerned and produced records and other means, collect relevant evidence;

    (B) in the case of evidence may be destroyed or lost or difficult to obtain later, approved by the heads of departments of violations, such as tools, articles and information related to advanced registration and preservation, to draw up a clear statement by the parties, and to make decisions within the statutory time limit;

    (C) in accordance with the provisions of laws and regulations, seizure, seizure;

    (Iv) the centralized exercise according to law the laws, rules and regulations for other administrative enforcement tools.

    For perishable foods, perishable items fresh, cannot in principle take antecedent register or such measures as sealing up, distraining; in case of emergencies to be taken, shall be subject to the approval of the Department head, and perishable foods, perishable items fresh priced to sell in a timely manner, all proceeds pay the governmental finance.

    17th article on violation Heilongjiang province city city and sanitation management Ordinance 20th article second paragraph provides, in trees, and buildings, and structures, and municipal facilities and the ground Shang mess spray, and mess description, and mess posted of behavior, concentrated law enforcement sector should written ordered behavior people regular clear stains; behavior people not regular clear stains of, concentrated law enforcement sector can will spray, and description, and posted content in the announced of communications tool number written notification province communications management sector, suspended the communications tool number of using. People have received administrative punishment and elimination of consequences of the offence, can apply for recovery communications tool number, recognized by the centralized law enforcement departments, written notice to the provincial communication administration restored the number used.

    Not submitted the application for use by more than six months, considered its use telecommunications contract, thus resulting in the loss of the violator on its own. 18th focused on law enforcement should be strict implementation of national and provincial system of separation of penalty decisions from collection of penalty provisions.

    Confiscation of Heilongjiang province, and in accordance with the penalty decisions from collection of fines separation and the provisions of the implementing rules of the fines on the spot to collect fines on the spot, from the Parties shall be issued by the provincial financial Department issued confiscation Bill.

    Fines, the confiscation of illegal gains or confiscation of unlawful financial auction money should all be turned over to the State Treasury.

    19th set between law enforcement authorities and relevant departments should support each other, cooperate closely, approved relative-centralized administrative punishment right above the county level, the agencies shall organize the relevant departments of people's Governments in charge of Legal Affairs, established system of joint meeting of the heads of departments, timely delivery of the relevant law enforcement information, and comply with the following requirements:

    (A) made in the administration of the relevant departments related to the power of relatively concentrated administrative punishment of administrative approval (Licensing) decisions shall be issued or served on the date on which the instrument within 3rd CC focus law enforcement and concentrated checks or copies of the relevant documents to facilitate law enforcement departments; (B) the Department in administrative activities, found that should be implemented by centralized law enforcement of administrative penalties, and shall timely notify the transfer or focused on law enforcement.

    Centralized law enforcement departments should be dealt with according to law, and feedback to relevant departments; (C) the central law enforcement agencies in the course of day-to-day management and the implementation of administrative punishments, compensation, compensation shall be paid by the parties involved have elimination, restitution or other tort liability, such as, or the need for the parties to make a decision of administrative handling outside of the jurisdiction of the Department, and so on, shall promptly notify the relevant departments of the surrender or.

    Relevant departments should be dealt with according to law and to concentrate law enforcement feedback;

    (D) concentration in the course of law enforcement agencies in the implementation of administrative punishments, and requires technical appraisal units, to assist in the investigation or to assist in the implementation of, the units concerned shall provide assistance and cooperation;

    (E) focus on law enforcement without administrative approval (Licensing) or were not in accordance with the administrative examination and approval (Licensing) decided to commit violations of administrative penalty decision shall be served on the date on which the instrument within 3rd CC-related administrative examination and approval (Licensing) enforcement.

    Approved power of relatively concentrated administrative punishment of the people's Governments above the county level shall strengthen the construction of e-Government, gradually centralized law enforcement agencies and the Exchange and sharing of law enforcement information between the departments concerned. 20th Strip public security departments should support and protect the central law enforcement duties, preventing centralized exercise of administrative punishment right of law enforcement personnel carrying out their duties, public security departments should be promptly dealt with according to law.

    Constitute a crime, criminal responsibility shall be investigated according to law.

    21st the citizens, legal persons or other organizations should support the power of relatively concentrated administrative punishment, enhance the awareness of law and maintain social order, actively cooperate with the focus on law enforcement authorities to investigate and punish violations. 22nd Provincial communications management from the law enforcement agencies after notice in writing of a suspended number, shall, within the 5th stop on it.

    Refusing to implement telecommunications business enterprises a suspended number, managed by the provincial Communications Department, in accordance with the relevant provisions.

    23rd article concentrated law enforcement sector and about sector Zhijian occurred law enforcement differences, should active consultations solution; consultations not of, any party are can according to Heilongjiang province specification administrative law enforcement Ordinance of about provides drew attention to the common of Shang level Government is responsible for legal work of institutions coordination processing; by coordination still to reached consistent views of, by presided over coordination of institutions drew attention to the this level Government or right to solution of organ decided.

    24th levels of government legal system, preparation, finances, housing, public security, industry and commerce, environmental protection departments shall, in accordance with their respective functions, such as to strengthen the focus on enforcement guidance, supervision and regulation, and promptly investigate and correct problems in the power of relatively concentrated administrative punishment.

    Centralized law enforcement departments should establish and improve the reporting and complaint systems, established and publicly reporting complaints, seriously investigate and deal with violations of citizens, legal persons or other organizations to reflect and respond to informants.

    25th article focused on law enforcement department or other relevant departments in the administrative law enforcement in any of the following circumstances, any unit and individual have the right to the Department and to the Government in charge of Legal Affairs who will have hierarchical supervision institutions reflect:

    (A) according to law should be put, corrective action to stop violations and punishment, correction and punishment or excuse, to give up other statutory duties;

    (B) beyond the terms of reference, without authorization, exercise any centralized administrative punishment right or exercise has been adjusted according to law of the power of administrative penalty;

    (C) the law should be lighter or mitigated and shall not be penalized if no lighter or mitigated, and shall not be penalized, or aggravating because of the parties ' representations;

    (D) law enforcement weak collaboration or artificial barriers;

    (E) administrative law enforcement officers failing to produce the documents, or uncivilized law enforcement, does not adversely affect the punishment impartially;

    (F) wilful damage to or destruction of property by the parties of the contravention;

    (VII) are withheld, misappropriated, privately distribute confiscated funds, property or seal up or seize property;

    (VIII) solicit or accept someone else's property;

    (I) the power of relatively concentrated administrative punishment work carried out without approval, causing serious effects;

    (J) any other violation of the provisions as well as provisions of relevant laws, rules and regulations.

    Concentrated law enforcement sector and about sector on any units and personal proposed of Qian paragraph by column problem, by verified Hou are should itself corrected, and depending on plot held about personnel of responsibility; received reflect of Government is responsible for legal work of institutions on Qian paragraph by column problem, should timely for survey understand, confirmed problem exists does not corrected of, through this level government administrative law enforcement supervision notice be corrected, and according to about provides held administrative responsibility.

    26th approved a relatively centralized right of people's Governments above the county level shall strictly in accordance with provincial approval of the required power of relatively concentrated administrative punishment.

    Not seriously implementation Province Government reply requirements of, County above Government should timely take effective measures be corrected; problem serious and not get effective corrected of, by provincial government is responsible for legal work of institutions ordered deadline solution; late still not solution or still not obviously improved of, by Province Government canceled about Government of relative concentrated administrative punishment right qualification, and submitted state legal office record, and law held related led and responsibility people of administrative responsibility.

    27th article of relative-centralized administrative punishment right above the county level people's Government, the implementation of these provisions should be included in the centralized law enforcement department and the relevant departments of the responsibility system for administrative law enforcement objective, Heilongjiang province, in accordance with the administrative law enforcement accountability provisions of the pilot scheme for examination and cash rewards and punishments, and higher people's Governments if necessary reporting. 28th article of the regulations come into force on September 1, 2010.