Power of relatively concentrated administrative punishment measures for Huainan city management
(January 16, 2009 Huainan municipal people's Government at the 18th Executive meeting on March 16, 2009, Huainan municipal people's Government, the 120th release as of May 1, 2009) first in order to strengthen comprehensive urban management, improve the efficiency of administration of the city, according to the People's Republic of China on administrative punishment law and other laws, rules, regulations, combined with the city's actual, these measures are formulated.
Second city within the administrative area of the city management power of relatively concentrated administrative punishment procedures apply.
Article city, County, district, administrative law-enforcement agencies (hereinafter referred to as law enforcement agencies) responsible for implementing these measures, and in accordance with the laws, regulations and responsibilities stipulated by the municipal and county governments, centralized exercise of administrative punishment right conferred by law, investigate and deal with violations, liable for the specific administrative act.
City law enforcement authorities are responsible for the relatively centralized right of administrative law enforcement in this city work to organize and guide, scheduling, coordination, and supervision of command, organized a citywide special law enforcement activities.
Fourth City law enforcement agencies focused on exercising the right to the following administrative penalties:
(A) management of city appearance and environmental sanitation laws, regulations, rules and regulations of administrative punishment, torn does not meet the standards of city appearance standards, sanitation of buildings or facilities;
(B) urban planning management rights to administrative penalties stipulated in laws, rules and regulations;
(C) urban green management rights to administrative penalties stipulated in laws, rules and regulations;
(D) urban management law, the right to administrative penalties stipulated in laws and regulations;
(V) management of environmental protection laws, regulations, rules and regulations of the administrative right of penalty;
(F) Administration for industry and commerce provided by laws, rules and regulations on roads, squares and other public places operating without the administrative punishment of violations;
(G) the public security traffic management provided by laws, rules and regulations unauthorized mining roads, off-road construction of administrative punishment of an offence;
(H) the laws, regulations and municipal people's Government decided to concentrate in the exercise of administrative punishment.
Article fifth relatively concentrated administrative punishment right for urban management, the relevant departments and organizations shall not exercise centralized exercise of administrative punishment right by the law enforcement authority still exercised, the administrative decision is invalid.
Sixth administrative punishment by violations of County law enforcement agency jurisdiction; jurisdiction dispute, report it to the municipal law enforcement agencies jurisdiction.
Seventh law enforcement agencies in investigating offences, and can take the following administrative measures:
(A) enter into the inspected unit or field investigations, inspections;
(B) access, accessing, copying, photographing, recording, relevant evidential materials, sampling of evidence or to proceed with the registration of the relevant evidence, except those involving trade secrets and personal privacy;
(C) the seizure, seizure of offence-related property;
(D) the laws, regulations and other measures provided for in regulation.
Article eighth City law enforcement authorities for refusing to desist from the illegal act, it may withhold its violations of illegal goods and implementation tools.
Withholding of tools and articles, law enforcement authorities should be issued to the parties on the spot registration lists, safekeeping, shall not be used or damaged, lost, and issue a registration list within 7th day of making treatment decisions; party fails to accept treatment, and has not received notice after 3 months treatment, commissioned a lawfully established auction houses auction.
For perishable, perishable, easy to save, or unable to auction tools, articles, law enforcement authorities shall notify the parties to the designated location within the 2nd handle; fails to accept treatment, approved by the head of the law enforcement authorities may initially be sold.
The law temporarily or temporarily loss of property due to mismanagement, City law enforcement authorities shall be compensated according to law.
Nineth article Chengguan law enforcement organ implementation administrative punishment, should to facts for according to, and violations of facts, and nature, and plot and social against degree quite; corrected violations, should insisted education and punishment phase combined, and to education mainly of principles; on violations people should first for education, ordered its immediately corrected or deadline corrected; violations minor and timely corrected, no caused against consequences of, not administrative punishment; on refused to corrected of, law give administrative punishment. Before the tenth City law enforcement authorities make a decision of administrative penalty, it shall inform the party making the decision on administrative penalty facts, reasons, grounds, and the Parties shall have the right, listen to the statements of the parties, and to defend themselves. Establishment of the facts and reasons or evidence submitted by the parties, should be adopted.
Hearing of the parties to request a hearing and in accordance with the conditions, it shall organize the hearing.
11th City law enforcement agencies to investigate the illegal cases, identification is needed for violations committed, it shall refer the relevant administrative authorities or delegated professional accreditation bodies identified; the Department or agency should be 3rd or technical appraisal within the statutory time limit, and shall inform the law enforcement authorities.
12th City law enforcement authorities make a decision shall deliver the party after announcement to the relevant instruments on the spot; without the presence of the Parties shall, in accordance with the relevant provisions of the civil procedure law, direct delivery, Lien served, the principal delivery, mail delivery, service and other related instruments served on the parties. 13th City law enforcement authorities make administrative punishment of fines, should be subject to a penalty payment of separation system.
Fine within the time frame stipulated by the parties and the law enforcement authorities of sign collection agreements allowed the banks to pay, in addition to collect fines on the spot according to law, law enforcement agencies and law enforcement personnel shall not collect on their own. Law enforcement personnel to collect fines on the spot, produced by the parties should be issued by the financial sector receipts; otherwise, the parties have the right to refuse to pay.
Collected on the spot fines shall be from the date of collecting fines within the 2nd to law enforcement authorities, law enforcement authorities should be the penalty payment specified in the 2nd Bank.
Article 14th law enforcement personnel must have qualifications on administrative law enforcement, should be uniformly dressed in the performance, wearing the uniform enforcement of marks and maintain appearance neat, graceful, civilized language, standardized law enforcement.
Law enforcement personnel performing official business according to law, are protected by law.
15th City law enforcement officers investigating the offences shall be not less than 2, and should take the initiative to the party or person concerned present a law enforcement document, description of the enforcement authority and reason. Law enforcement personnel is a party of close relatives or others directly interested by the parties should be avoided.
The avoidance of law enforcement personnel, decided by the heads of respective law enforcement organs. 16th article of the same illegal and in violation of these regulations certain provisions, can only be carried out according to one of the heaviest item fines shall not be fined.
But except for the different kinds of punishment. 17th City law enforcement officers shall, in accordance with the People's Republic of China law enforcement of the provisions of the law on administrative punishment procedure.
General procedure of administrative punishment cases, within 15th should be found in violation of the decision on administrative penalty; case is significant and complicated, and approved by the head of the law enforcement authorities, may extend the term, but not longer than 30th.
Article 18th matters related to administrative departments administrative license for urban management according to the law, shall, within the administrative permit issued after 3rd CC City law enforcement agencies.
19th law enforcement authorities found violations involving compensation, compensation, pay, or go through the relevant procedures, shall notify the relevant administrative departments within 3rd; after according to the members of the Executive, should result in the 3rd notified law enforcement authorities; after law enforcement authorities received a relevant departments informed of the results, and dealt with according to law.
Article 20th urban management and related administrative law enforcement by law enforcement agencies in investigating offences found does not belong to the Department's handling of the case, shall transfer the materials related to the case within the 3rd administrative law enforcement agency with jurisdiction, was transferred to the Department shall make a decision according to law within the 3rd transfer of departments informed of the decision in writing.
21st urban management and related administrative law enforcement by law enforcement agencies in investigating offences, need to assist, with the members of the Executive, the relevant administrative departments should assist and cooperate.
22nd public security organs in the city law enforcement authorities established by the Agency, is responsible for the law hamper law enforcement personnel on public, violating public security regulations and the processing of criminal cases.
Violence, threats to obstruct the city's comprehensive administrative law enforcement personnel performing official business according to law, the public security organ shall promptly dealt with according to law, shall not be treated as a civil dispute.
Article 23rd city appearance and environmental sanitation, urban planning, urban greening and gardening, city planning, environmental protection, industry and commerce, public security traffic administrative law enforcement departments, it shall make regular supervision, strengthening and coordination of the work of law enforcement organs to inform the relevant administrative licensing, supervision, administrative punishment cases, administrative communication and sharing of information. 24th City law enforcement authorities and relevant administrative law enforcement departments according to the needs of urban management, implementation of joint law enforcement, joint law enforcement by law enforcement agencies responsible for leading organizations.
Implementation of joint law enforcement should develop a programme of work and contingency plans.
25th law enforcement organs should take the initiative to accept people's congresses, political consultative and social monitoring of public opinion.
Administrative enforcement of the law enforcement authorities to accept the supervision of the people's Governments at the corresponding level the Department of Legal Affairs.
Article 26th City law enforcement organs should strengthen enforcement team standardization and institutionalization of construction and management, strengthen advocacy and legal work and improve the level of information and equipment construction, in accordance with the People's Republic of China provisions of the law on civil service, establish and improve the recruitment, assessment, training, exchanges, avoid system.
27th of municipal, County, district people's Government and the relevant departments should strengthen the law enforcement organs to exercise the power of relatively concentrated administrative punishment work supervision and inspection on the law enforcement agencies not to perform, the illegal implementation or improper implementation of executive powers, shall be ordered to correct and shall be subject to the administrative law enforcement responsibility.
Municipal law enforcement authorities shall establish the hierarchical supervision of the exercise of the power of relatively concentrated administrative punishment system.
Municipal law enforcement authorities found that County and city law enforcement agencies law enforcement actions, shall be ordered to correct; it refuses can be corrected in accordance with law, or proposed County and district people's Government ordered corrective action and shall be subject to the administrative law enforcement responsibility. Article 28th of city law enforcement agencies of illegal law enforcement activities, the right to appeal or accusation.
For appeal or accusation, law enforcement organs should be carefully reviewed, errors found should take the initiative to correct. Any unit and individual violations of law enforcement personnel in law enforcement activities, have the right to report to law enforcement authorities or the relevant administrative departments.
City law enforcement agencies or the relevant administrative authorities received a tipoff, shall promptly investigate and deal with.
29th City law enforcement authorities shall, in the implementation of digital city management, city management.
City law enforcement authorities shall set up inspection systems, rapid response and emergency response mechanisms, set up telephone hotlines set up online complaint platform, and to the public; involve State secrets, business secrets and personal privacy information, matters relating to investigation should be publicly available on the Internet.
30th party fails to carry out administrative punishment decision, law enforcement authorities may take the following measures:
(A) the expiration does not pay the fine, 3% Add a fine in amount of the daily penalty;
(B) according to the law, will be sealed up or seized property auctions or frozen deposits allocated against payment of a fine;
(C) apply to a people's Court for compulsory execution.
31st party County and city law enforcement authorities make refuses to accept the decision on administrative penalty, according to law, city, County, district people's Government or law enforcement authority for reconsideration can also initiate litigation to the people's Court; the city refuses to accept the decision on administrative penalty made City law enforcement agencies, can apply to the municipal review, also may initiate litigation to the people's Court directly.
City law enforcement authorities the illegal exercise of authority, damage caused by violations of the legitimate rights and interests of the parties, it shall be compensated.
Article 32nd City law enforcement officers of any of the following acts shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) has no legal basis or in compliance with statutory procedures impose administrative penalties;
(B) abuse of power, dereliction of duty and favoritism;
(C) not cause or violation of legal procedures of unauthorized changes have been made to the decision on administrative penalty;
(D) imposition of administrative penalty does not produce legal instruments, the use of legal instruments;
(E) harassment, abuse, assault, or incitement to assault the party;
(Vi) are withheld, misappropriated, privately divide or disguised cases of unauthorized partition of attachment, arrest, confiscation of property;
(G) requesting, receiving parties and their families belongings or dinner parties and their families;
(VIII) non-statutory obligations requires a party to;
(IX) other law enforcement actions.
Article 33rd City law enforcement authorities shall, in accordance with this approach, to develop implementing rules, after review by the city Legislative Affairs Department for implementation. 34th article of the rules take effect on May 1, 2009. On March 10, 2003, Huainan city of interim measures for the management power of relatively concentrated administrative punishment abolished at the same time.