(The 69th ordinary meeting of the Metropolitan Government of 10 June 2010 considered the adoption of Decree No. 169 of 24 June 2010 by the Metropolitan People's Government, effective 1 October 2010)

Chapter I General

Article 1

In order to regulate and monitor the exercise of the right to discretion in administrative sanctions, to promote the legal, reasonable administration, to guarantee the proper implementation of laws, regulations, regulations and regulations, to protect the legitimate rights and interests of citizens, legal persons and other organizations, and to develop this approach in line with laws, regulations, such as the National People's Republic of China Administrative Punishment Act.

Article 2

This approach refers to the discretionary discretion of administrative penalties, which means organizations with administrative penalties, authorized or delegated administrative penalties (hereinafter referred to as the executive sanction enforcement body) and, within the statutory framework, whether the offence is punishable by administrative penalties, the administrative penalties granted and the administrative authority granted to which administrative penalties are granted.

Article 3

This approach should be followed by the exercise of the discretion of administrative sanctions enforcement authorities at all levels of the city.

Article IV

The rule of law sector of the municipalities and territories (markets) is responsible for the regulation and supervision of the discretionary power of administrative sanctions in the region.

The organs responsible for the rule of law work of the executive organs are responsible for the regulation and supervision of the executive authority's discretion to impose administrative sanctions.

Article 5 (Basic Principles)

The exercise of the right to liberty of administrative punishment should be guided by the principles of legality, impartiality, openness and impunity, as well as punishment.

The exercise of the right to liberty of administrative punishment should be consistent with the principle of combining punishment and education and with the principle of primary education, and to educate citizens, legal persons and other organizations on their own watchdog.

Article 6

The exercise of the right to liberty of administrative penalties should be taken into account in a comprehensive manner, inter alia, by the fact, nature, circumstances, and the extent of social harm:

(i) The age and spiritual situation of the perpetrator of the offence;

(ii) The degree of subjectivity of the offender;

(iii) There are more than two similar offences within two years;

(iv) Specific methods or means of offences;

(v) Number of proceeds or illegal property obtained in violation;

(vi) The extent and social impact of the offence on specific targets;

(vii) Measures taken and effect on violations;

(viii) Other factors provided for in laws, regulations and regulations.

Article 7 (Administrative guidance)

The executive organs should adopt administrative guidance, such as information, reminders, recommendations and guidance, to prevent the occurrence of violations.

The imposition of unjustifiable practices by executive organs, such as inducement, fraud, coercion, violence, renders citizens, legal persons or other organizations in conflict with and impose administrative sanctions on them.

Chapter II Definitions

Article 8

The executive organs at the municipal level should establish the criteria for the administrative penalties of the system, in accordance with the laws, regulations and regulations, the types, ranges, in the light of the facts, nature, circumstances and the extent of social harm.

The development of administrative penalties discretion benchmarks could be based on the relevant administrative penalties developed by the superior sector.

The newly enacted laws, regulations and regulations relate to the discretionary discretion of administrative sanctions, which should be determined by the executive organs within thirty days of the date of the new enactment of the laws, regulations, regulations and regulations.

The criteria for the free determination of administrative penalties should be presented to the community, after review by the municipal authorities' rule of law sector. The municipal rule of law sector should conduct a comprehensive review of the legitimacy and legitimacy of the light benchmarks, as required by this approach.

Article 9

The baseline should set the basis for the offence and the punishment and delineate more than three discretions, providing for the type and range of discretion for each administrative sanction.

Various administrative penalties have been imposed for the same offence, ranging from severe penalties to fines for warnings or smaller amounts, from severe penalties to imprisonment for suspension of work, suspension of licences or licences, a greater amount of fines or forfeiture of the proceeds of the law of the larger amount.

Article 10 (Currence)

The imposition of penalties for a certain range of penalties for laws, regulations, regulations and regulations should be determined in the light of the circumstances in which they are divided into penalties, general penalties and penalties.

The amount of the fine is determined in accordance with the following criteria:

(i) A fine of up to three times between the maximum and the minimum, the general penalty shall be punished by an intermediate sentence, which shall be less than an intermediate sentence and shall not be punished by a heavy penalty;

(ii) A fine of a certain amount shall be divided by more than three tiers between the maximum and the minimum amount (the highest level and the minimum value of more than four times the penalty shall be divided by a maximum amount), and general penalties shall be punished at an intermediate level, with minor penalties that should be lower than the intermediate level, and the penalties shall not be lower than the intermediate level;

(iii) The amount of the maximum fine does not provide for a minimum amount of fine, and the general penalties are determined by 40 to 60 per cent of the maximum penalty, from 20 per cent of the maximum fine.

The Government of the zones (communes) may, in accordance with the objective circumstances of the region's economic, social, cultural, etc., take a decision to control the maximum penalty. However, there are other offences that endanger national security, public safety, physical health, life and property security and environmental protection.

Article 11 (No punishment)

In one of the following cases, there is no administrative sanction:

(i) The offender is under the age of 14 years;

(ii) Psychiatrics who fail to identify or control their acts;

(iii) A minor offence and a prompt remedy, without causing the consequences;

(iv) Other circumstances where the law, regulations and regulations do not require administrative sanctions.

In addition to the provisions of the law, the offence was not found within two years and no administrative punishment was granted.

Article 12

In one of the following cases, administrative sanctions should be punished by law:

(i) The offender has attained the age of 14 years;

(ii) Less proceeds of illegal property or violations;

(iii) Actively suspending the offence;

(iv) Actively to eliminate or mitigate the consequences of violations;

(v) The secondary or subsidiary role of common offences;

(vi) The coercion of another person to commit an offence;

(vii) Coherence with the administrative authorities in the investigation of violations;

(viii) Other cases provided for by law, regulations and regulations.

Violations that are not recorded in the same category and do not have serious consequences shall be reduced on the basis of the range of penalties or penalties imposed.

Article 13

One of the following cases should be punished by law:

(i) The primary role of common offences;

(ii) Over two years, more than two similar offences or administrative sanctions have been committed;

(iii) The continued commission of the offence after a written order by the executive branch to cease or correct the violation;

(iv) Seriously hamper the investigation of violations by law enforcement officials;

(v) The circumstances in which the offence is committed by coercion, inducement or instigation;

(vi) Counter reprisals against reportingers and witnesses;

(vii) The offences involve a greater social hazard, such as national security, public safety, personal health, life property security, environmental protection;

(viii) Comparison of violations and consequences;

(ix) Other cases provided for by law, regulations and regulations.

Article 14

In light, heavy penalties should be punished in the form of statutory penalties or scope. Reducing penalties should be punished by the type of sanction or by the extent of the penalties imposed.

At the same time, there are more than two instances of light or mitigating circumstances, and there is no aggravating circumstance, and the minimum penalties should be applied or reduced.

Chapter III

Article 15

The administrative penalties imposed by the executive organs shall be punishable by law, regulations, regulations and regulations to the parties immediately be converted to the offence or by the deadline. In addition to the provisions of laws, regulations and regulations, the period of time is not exceeding 15 days.

Article 16

Establish mechanisms for the investigation, review and decision of “three separation” of cases of administrative penalties in general procedures. After the investigation of evidence by law enforcement officials, the submission of comments and the enforcement of legitimacy and reasonableness by the body responsible for the rule of law, the heads of organs are invited to review or discuss and make sanctions decisions.

Article 17

After the completion of the investigation by law enforcement officials, the comments should be made in a timely manner and a description of the administrative penalties applicable.

Article 18

In cases of administrative penalties applicable to the general procedure, the organs responsible for the rule of law of the executive organs should review and provide advice on the legitimacy, reasonableness of administrative sanctions. After the review, the relevant material of the case and the auditing of the head of the opinion body shall be reviewed or discussed collectively and administrative sanctions decisions are taken. No review or discussion shall be submitted without clearance.

Article 19

In cases of administrative penalties applicable to the general procedure, one of the following cases shall be decided upon by the head of the organ following a collective discussion:

(i) It is proposed that a fine be imposed by a higher amount, and that the parties may apply for hearing without application;

(ii) It is proposed to be subject to an order of suspension, suspension or licence;

(iii) To be punished by law, to reduce the penalties or to punish them;

(iv) Implementation of hearings;

(v) Administrative penalties are considered by executive organs to require collective discussion of other cases.

Collective discussions should be recorded in detail.

Article 20

The enforcement of administrative penalties should guarantee the right to make statements, the right to be heard, the right to be heard in accordance with the statutory hearings, and, upon application by the parties, should be organized in accordance with the law.

Article 21

Prior to the administrative penalties decision, the parties should be informed of the administrative sanctions decisions to be taken and their facts, rationales and bases. The facts, rationales and evidence of the parties' statements or the defence should be reviewed.

Article 22

The production of administrative sanctions decisions, in addition to matters that contain legal, regulatory and regulatory requirements, should also provide clarifications on the admissibility of the parties, as well as on the basis and grounds for mitigating, mitigating, re-immediation.

Article 23

In addition to the provisions of the law, regulations and regulations, administrative penalties apply to the general procedure, and administrative sanctions decisions should be taken within sixty days of the date of the submission, with exceptional circumstances authorized by the head of the organ, for a period not exceeding thirty days.

Prior to the administrative penalties decision, the executive sanctions enforcement body will require a notice, hearing, testing, testing, quarantine, identification, and the time required not to calculate the period specified in the preceding paragraph.

Article 24

The enforcement of administrative penalties is one of the following hurdle relations between law enforcement officials and the parties and should be avoided by law:

(i) Nearly relatives of the parties involved;

(ii) Victims, beneficiaries or close relatives of the offence;

(iii) Other relations with the parties involved may affect the fair handling of cases.

Article 25 (Legal registration)

Administrative sanctions enforcement agencies should register the law enforcement time, place, the subject of inspection, the facts of the law, the law enforcement process, the law enforcement basis, the results of the law enforcement, and make the files available for archiving.

Article 26

A summary procedure should be applied and the administrative sanctions decisions should be filed within two working days from the date of the punishment.

The application of the general procedure should be accompanied by a file within five working days from the date of the closure. The publication of administrative penalties should include the directory of the material, the day-to-day law enforcement registration form, the notice of the case, the investigation of notes and related evidence materials, the investigation of observations, administrative sanctions notifications, the collective discussion of the records, administrative sanctions decisions, the delivery of back-to-governance, the completion of the clearance schedule.

The hearing procedure should also include hearings.

Article 27

The administrative penalties imposed by the executive branch shall be reported on the administrative penalties imposed by the Government's rule of law and the authorities at the highest level by 10 months of the first month of the last quarter.

Major administrative penalties, such as the suspension of property, the suspension of licences or licences, a fine of a greater amount or confiscation of the proceeds of the law of the larger amount, illegal property, shall be reported within 15 days of the date of the decision.

Article 28 (Review of cases)

Administrative penalties should be reviewed on a regular basis by administrative penalties, and whether there is a clear understanding of the facts of the specific case, whether the evidence is clear, whether the procedure is lawful, whether the text is regulated, whether the applicable law legislation is correct and discretion is appropriate.

Article 29

The Governments of the various districts (markets) and administrative sanctions enforcement agencies should provide a summary and analysis of the data, specificities and circumstances for the implementation of administrative sanctions in the region and in the sector, and be made available to society on a quarterly basis.

Article 31 (Information guidance)

Administrative penalties should be imposed against common offences, and in the light of the actual practice of this sector, the establishment of a model of case, as a reference to administrative penalties, ensures that the same type of case law applies in a manner that is consistent.

Article 31

The establishment of an e-management system for administrative penalties is carried out in practice.

Chapter IV Oversight of the evaluation

Article 32 (Registance)

Full guarantees of the rights of citizens, legal persons or other organizations. Citizens, legal persons or other organizations have the right to make statements, petitions for administrative sanctions; administrative penalties are not uniform; administrative review or administrative proceedings are governed by the law; and compensation claims are granted in accordance with the law.

Citizens, legal persons or other organizations have the right to communicate, complain or make recommendations on the implementation of administrative sanctions, and the relevant sectors should be addressed in accordance with the relevant provisions.

Article 33 (Further correction)

The executive sanctions enforcement body found that the right to liberty of administrative punishment was inappropriate and should be rectified in a timely manner.

Article 34

The rule of law sector of the municipalities and territories (markets) government provides oversight of the exercise of the discretionary power of administrative sanctions enforcement organs, including:

(i) Review of the legitimacy and legitimacy of administrative sanctions through administrative review;

(ii) A review of administrative penalties cases;

(iii) Exemptive inspection of the right to regular supervision or administrative sanctions;

(iv) To receive complaints and reports from the public on administrative sanctions cases;

(v) Implementation of a desk review of major administrative penalties.

Oversight elements include:

(i) Whether administrative penalties are developed and directed to society;

(ii) Whether the system of administrative penalties, including administrative penalties, the legal review system, the system of collective discussions, the hearings system, the system of discretionary statements, the system of public systems, the reserve system, etc.;

(iii) The exercise of the right to discretion in administrative punishment by compromising the facts, nature, circumstances and the extent of social harm;

(iv) Whether decisions taken in accordance with the provisions of the law, regulations, regulations and regulations should be taken from a heavy, light, mitigation or non-administrative nature, as well as in administrative sanctions decisions;

(v) Whether the parties' statements and the arguments heard;

(vi) Have compliance with the statutory procedures;

(vii) Other areas requiring oversight under the law.

In the absence of this approach, the municipal and district authorities in the municipalities and districts (markets) should make a commitment period of time restatement and be corrected by administrative sanctions enforcement agencies.

Article XV (Assessment of appraisals)

The executive organs should organize a self-assessment of the exercise of the right to administrative punishment in this sector every year.

Governments of municipalities and districts (markets) should incorporate the application of the discretionary authority to regulate administrative sanctions into the annual legislative appraisal objective.

Article XVI (Management)

Liberties for administrative sanctions are not exercised in accordance with this approach, in accordance with article 33 of the Administrative Enforcement Monitoring Regulations of the Sichuan Province and the Administrative Removal of the Administration of Civil Servants of the Metropolitan Administration (No. 156 of the Municipal Government Order).

Chapter V

Article 37 (Option of organs)

The specific application of this approach is explained by the Office of the Rule of Law of the Metropolitan Government.

Article 38 (Actual date of application)

This approach has been implemented effective 1 October 2010.