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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

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The right to administrative punishment is relatively concentrated in the Blackon Province

(Adopted by the 43rd Standing Committee of the People's Government of the Blackron Province on 12 July 2010 and issued by Decree No. 4 of 20 July 2010 by the People's Government Order No. 4 of the Blackonang Province, effective 1 September 2010)

Article 1, in order to carry out relatively centralized administrative penalties under the law, enhance the overall effectiveness of administrative law enforcement, advance the establishment of the rule of law, accelerate the construction of the Government of the rule of law, in line with the National People's Republic of China's Administrative Punishment Act and the relevant provisions of the State Department of State.

Article 2 applies to this provision, which is approved by the State Department or by the Government of the Provincial People, by an executive body, to exercise the administrative penalties of the administrative organs concerned (hereinafter referred to as the right to focus administrative sanctions).

The relative concentration of administrative penalties should be guided by the principles of legal norms, harmonization, simplification, management and services.

Article IV. The Government of the People of the province is an authorized organ that focuses on the right to administrative punishment. The institutions responsible for the rule of law are specifically responsible for the organization of the implementation of this provision and for the organization, coordination, guidance and oversight of the province's relatively centralized administrative penalties.

Sectors such as provincial production, finance, housing, public safety, business and environmental protection provide operational guidance and oversight on relatively centralized administrative penalties, in accordance with their respective functions.

More than the people's Government is responsible for leading the relative concentration of administrative penalties in the local sphere, and the institutions responsible for the rule of law work are responsible for guiding, regulating the relative concentration of local administrative penalties.

Article 5 Governments of more people in the district have the following conditions and may apply for a relatively centralized exercise of administrative penalties:

(i) There are cross-cutting or close administrative law enforcement units in the area of administration or influence law enforcement efficiency owing to the dispersion of law enforcement forces;

(ii) The sectors that focus on the exercise of the right to administrative punishment are an administrative body to which the Government belongs, capable of discharging its duties on its own behalf and independently of the corresponding legal responsibility;

(iii) The current level of finance is able to fully guarantee centralized requirements for the law enforcement sector, which is a national civil servant.

Article 6 Governments of more than veterans of the district can develop a comparatively focused programme of work on administrative sanctions, discuss decisions by the Standing Committee of the People's Government and form a summary of the proceedings and requests for documentation to inform the Government of the province on a case-by-step basis.

The application document and programme of work of the Government of the more than the people of the districts for the relatively centralized administration of justice are reported, and the institutions responsible for the rule of law work of the provincial authorities are reviewed in accordance with the relevant provisions of the Department of State and the conditions set out in article 5 of the present article and, where necessary, in field missions. In compliance with the provisions, the provincial Government's body responsible for the rule of law requests the approval of the Provincial People's Government and the filing of the Office of the Rule of Law of the Department of State; it is not in accordance with the provisions or the circumstances of the declaration, and does not communicate the request authority.

Article 7

(i) The exercise of the right to administrative punishment under the laws, regulations, regulations and regulations governing urban and sanitation management, which are mandatory in accordance with the law to dismantle buildings or facilities that are not in conformity with urban profiling standards, sanitation standards;

(ii) The exercise of the full or partial administrative penalties stipulated in the laws, regulations and regulations governing urban and rural planning management;

(iii) Execution of the administrative penalties provided for in urban green management laws, regulations and regulations;

(iv) exercise of the right to administrative sanctions under the laws, regulations and regulations governing municipal administration;

(v) To exercise laws, regulations, regulations and regulations governing the management of environmental protection by burning toxic harmful and malicious gases in urban streets and in public places without timely clearance, disposal of garbage generated during construction construction, failure to dumping, slotting and contemplate the garbage of sub-Saharan cities, to destroy or destroy solid waste in the transport process, to distribut toxic gas or negational material, to destroy foods and to simulate in commercial activities for the purpose of repairing, repairing and repairing the sanctuaries;

(vi) The right to administrative penalties for the exercise of the law, regulations, regulations and regulations relating to the administration of business and to take over the operation of the streets, indoor public places such as roads or squares;

(vii) The exercise of the right to administrative penalties for the occupation of roads under the laws, regulations, regulations and regulations governing the management of public safety transport, as well as for road traffic violations in persons within the human sphere;

(viii) Other responsibilities conferred by the provincial and municipal governments.

Article 8. More than the people of the province who have ratified a relatively centralized executive sanction authority need to be granted other administrative law enforcement functions that are concentrated in the law enforcement sector beyond the administrative penalties set out in Article 7.

Article 9. The Government of the people at this level should be made public in a timely manner in order to focus on the specific competence of the law enforcement authorities in accordance with articles 7 and 8.

Article 10, after a relatively concentrated nature of administrative penalties, the authorities concerned shall not exercise the administrative penalties that have been restructured; they are still exercised and the administrative penalties imposed are null and void.

Article 11. Focusing the law enforcement sector should put in place a system of law enforcement qualification, legal training, regular breaks and misappropriation of administrative law enforcement officials, and continually strengthen workforce-building and enhance the political, operational quality of administrative law enforcement personnel.

Article 12. When executive law enforcement officials in the law enforcement sector perform their duties, the following administrative law enforcement norms should be governed:

(i) In accordance with the law, the law shall not be subject to the law enforcement of the right to invoke or to deduct or abandon the responsibility;

(ii) Not less than two persons are found to be guilty of an offence and have offered to present administrative law enforcement documents issued by the Government of the province, indicating identity;

(iii) To put an end to civilization, the language norms, the hard-won, and to mark a unified mark;

(iv) To listen to the parties' statements and to the defence that the facts, rationales and evidence presented by the parties should be reviewed and not subject to increased penalties for the parties' claims;

(v) The finding of an offence should be that the parties should first be responsible for changing or changing their deadlines, and that the penalty should not be replaced by a fine;

(vi) A minor offence and in a timely manner redress, without causing consequences, shall be educated and dismissed and without administrative sanctions;

(vii) The enforcement of administrative penalties must be based on facts and be proportionate to the facts, nature, circumstances and the level of social harm;

(viii) Other laws, regulations and regulations regulate administrative law enforcement.

Article 13 focuses on the law enforcement sector should establish a system of free discretion, and in the types and range of penalties prescribed, the right to administrative punishment of the extent to which it is implemented is free.

Article XIV is clear, substantiated and based on clear laws, regulations or regulations, which impose a fine of up to 50 per cent for citizens, fines for legal persons or other organizations, as well as administrative penalties of up to two hundred fines in accordance with the People's Republic of China Road Traffic Safety Act, and concentrate on the law enforcement authorities may, in accordance with the summary procedure, be delivered by executive law enforcement officers to the parties in the administrative penalties decision and file with the respective departments within two days.

Article 15, in addition to cases where administrative sanctions decisions may be made in accordance with article 14 of this Article, other cases shall be made in accordance with the general procedure. After the investigation of the evidence by the institution of the case, the body responsible for the rule of law must be reviewed and submitted to the heads of the department for approval. In conformity with administrative sanctions hearings, prior to the administrative penalties decision, the competent authorities in this sector should discuss decisions collectively before the parties have the right to require hearing and to organize hearings in accordance with the requirements of the parties, as required by law.

Article 16 focuses on the enforcement of administrative penalties by law and may take the following means to cooperate with the relevant units and individuals:

(i) To enter on-site inspections or investigations, collect relevant evidence through audio, video, photography, review, access, reproduction of relevant information, and to enquire parties and persons concerned and to produce a notice;

(ii) In cases where evidence may be disappeared or subsequently difficult to obtain, and with the approval of the head of the department, the registration of pre-registration of tools, goods, information, etc. relating to the offence, the list of the parties and the decision to be taken within the statutory period;

(iii) In accordance with the provisions of laws, regulations, seizure measures;

(iv) The laws, regulations and other administrative law enforcement instruments granted under the law.

In principle, measures such as pre-registration or seizure, seizure and seizure should not be taken by the head of the sector for purposes of emergency situations, and the timely sale of lucrative and transcendable hard-wit goods and the sale of all the money from the sale.

Article 17 states that, in violation of article 20, paragraph 2, of the Regulations on the Incorporation and Sanitation of the Municipalities of the Blackon Province, a communication tool published in trees, buildings, constructions, municipal facilities and ground-based incests, turmoils, inccerations, posters, inclination should be placed in the law enforcement sector in a written order for the perpetrators to defuse their sites; that the perpetrators have not been removed by time, centralized law enforcement authorities could inform the management of the use of the communication tool in writing.

The perpetrators are subject to administrative penalties and to the elimination of the consequences of the law, and can submit applications for the recovery of the number of communications tools, which are determined by the centralized law enforcement authorities, in writing to inform provincial communications management of the recovery of numbers. In more than half a year, the recovery of applications was considered to be an automatic termination of the telecommunications use contract, resulting in the loss being borne by the perpetrator.

Article 18 concentrates the law enforcement authorities on strict enforcement of the State and the provincial imposition of a fine-free regime. Forfeiture and in accordance with the provisions of the Bangangang Substantial Rules for the Collection of Separation and Remuneration of Curriculums, the parties should be given an unused penalty for the uniformity of the provincial financial sector.

A fine, forfeiture of proceeds of conflict or forfeiture of illegal financial auctions shall be paid in full.

Article 19 focuses on mutual support between the law enforcement authorities and the authorities concerned, in close cooperation with the authorities of the more than the people of the districts that have ratified the relatively centralized administration of justice, should organize relevant departments, establish a joint system of heads of departments, communicate information on law enforcement in a timely manner and comply with the following provisions:

(i) Decisions made by the relevant departments in the administration relating to administrative approval (licens) relating to the relatively centralized administration of justice, which should be sent within three days of the date of publication or delivery of the instrument to the centralized law enforcement and to facilitate the centralization of the law enforcement authorities in identifying or replicating the relevant documentation information;

(ii) In administrative activities, the authorities concerned have found that administrative sanctions should be imposed by centralized law enforcement authorities and should be informed or transferred to central law enforcement authorities in a timely manner. Focusing the law enforcement sector should be dealt with by law and feedback to the relevant sectors;

(iii) In the course of the day-to-day management and enforcement of administrative sanctions, the law enforcement authorities concerned the parties should pay compensation payments, compensation payments or other civil abuse responsibilities, such as the elimination of impacts, the restoration of the status quo, or the need to inform or transfer the relevant authorities in a timely manner. The departments concerned should be treated in accordance with the law and feedback to concentrate the law enforcement sector;

(iv) The centralization of the enforcement sector in the implementation of administrative penalties requires technical accreditation, assistance in investigations or assistance in implementation, and the assistance and collaboration of the relevant units;

(v) The focus of the law enforcement authorities on administrative penalties for offences that have not been granted administrative approval (licens) or that have not been decided in accordance with administrative approval (licens) shall be transmitted to the executive approval (licens) enforcement branch within three days of the date of the instrument.

More than the people of the districts that have ratified relatively concentrated administrative penalties should strengthen e-government-building and gradually achieve interoperability and sharing of law enforcement information between the law enforcement authorities and the relevant sectors.

Article 20 should be supported and protected by law by the public security sector in carrying out its duties by law, and by law enforcement officials that obstruct the central exercise of administrative sanctions, the public security sector should be treated in a timely manner in accordance with the law. Crime constituted criminal liability by law.

Article 21, citizens, legal persons or other organizations should support relatively centralized administrative penalties, raising awareness of the law, proactively defending the social management order and actively cooperate with the law-enforcement authorities to investigate violations.

The provincial communications management shall, after having received a written notice of the suspension of the number used by the centralized law enforcement authorities, dispose of the parking machine within five days. The refusal to cooperate with the implementation of the telecommunications operation using the suspension number is handled by provincial communications authorities in accordance with the relevant provisions.

Article 23 focuses on law enforcement differences between the law enforcement and the relevant sectors, and should be addressed proactively; consultations are incomplete and any party can bring together the Government of the people responsible for the rule of law, in accordance with the relevant provisions of the Regulations on Administrative Law Enforcement in the Blackang Province;

Article 24 states at all levels of government rule of law, formulation, finance, construction, public safety, business and environmental protection should strengthen guidance, supervision and norms in the central law enforcement sector, and promptly identify and correct problems in the implementation of relatively centralized administrative penalties, in accordance with their respective functions.

The central law enforcement authorities should establish a system for the reporting of complaints, establish and make public reports of complaints telephones, carefully check the violations reflected by citizens, legal persons or other organizations and respond to the reportingers.

Article 25 focuses on one of the following cases in administrative law enforcement, any unit and individual have the right to submit to the sector and to reflect the body responsible for the rule of law by the Government with a superior oversight authority:

(i) No suppression, redress and punishment of offences punishable by law, or prestigation, abandonment of other statutory responsibilities;

(ii) Existence in the exercise of the right to administrative punishment that has not been centralized under the law or the continued exercise of the right to administrative punishment, which has been adjusted by law;

(iii) No penalties are imposed on the parties that should be punished by law from light, mitigation and non-repetition, or for the prosecution of the parties;

(iv) Inadequate or artificial barriers to law enforcement;

(v) Administrative law enforcement officials do not produce administrative law enforcement documents in accordance with the law or do not have civilized law enforcement and impunity that adversely affect them;

(vi) The intentional damage or the destruction of the property of the parties in violation of the provisions;

(vii) Excluding, misappropriation, private punishment, property or use of seizures, seizures;

(viii) To request or receive other property;

(ix) Unauthorized relatively centralized administrative penalties, which have serious implications;

(x) Other violations of this provision and related laws, regulations and regulations.

The focus of the law enforcement sector and the relevant authorities on the issues set out in the previous paragraph with respect to any unit and individual should be corrected by themselves and be held accountable for the circumstances; the question included in the previous paragraph should be examined in a timely manner by the body responsible for the rule of law, confirming that the problem has not been corrected and corrective through the letter of administrative law enforcement oversight of the people at this level and accountability in accordance with the relevant provisions.

Article 26 shall be subject to the approval of the Government of more than the people of the province with a relatively centralized right to sanction, in accordance with the Government's repeated requests.

In the absence of a serious follow-up to the request of the Government of the Provincial People, the Government of more than the people of the province should take prompt and effective measures to remedy them; the serious problem and the lack of effective redress; the institutional accountability of the provincial Government responsible for the rule of law; the failure to resolve or have yet to be significantly improved; and the Government of the province to remove the relative concentration of administrative sanctions on the Government of the people concerned, and to submit a case before the Office of the Rule of Law of the State and to hold administrative responsibilities for the relevant leadership and responsibilities in accordance with the law.

In accordance with the provisions of the pilot approach to administrative law enforcement responsibility in the Blackang Province, the Government of the more than the population of the Territory, which is relatively concentrated in the administration of justice, should incorporate the implementation of this provision into the executive law enforcement responsibilities of the central law enforcement sector and the related sectors, subject to the provisions of the pilot approach to administrative law enforcement responsibility in the Blackang Province and report on the work of the Government.

Article 28 of the present provision has been implemented since 1 September 260.