Provisional Regulations On Administrative Penalty Discretion Supervision In Jilin City

Original Language Title: 吉林市行政处罚自由裁量权监督暂行规定

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(July 7, 2008 Executive meeting of the people's Government of Jilin city, the 5th review on July 15, 2008, people's Government of Jilin city, the 196th promulgated as of September 1, 2008) article in order to strengthen supervision of the exercise of discretion in administrative punishment, implementation of the right of free judgment for administrative punishment, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the relevant provisions and practical, these provisions are formulated.
    Second right of free judgment for administrative punishment in these rules refers to administrative bodies, laws and regulations authorize or delegate the implementation of administrative punishments according to law Organization (hereinafter referred to as the implementation of administrative punishments), on illegal and given administrative penalty according to law, to give administrative penalty and administrative penalty within the permissions to determine punishment.
    Article III the implementation of administrative punishments within the administrative area of the city authorities free judgment for administrative punishment of supervision, these provisions shall apply.
    Fourth city, County (City) district people's Government departments are responsible for the area of the legal system of administrative penalty discretion behavioral norms and supervision.
    Legal entity responsible for the implementation of administrative punishments organs free judgment for administrative punishment of specifications and supervision. Fifth article city, and County (City) District Government legal sector and the administrative punishment implementation organ of legal institutions exercise administrative punishment free CD volume right work supervision of content including: (a) whether established administrative punishment free CD volume right specification and to social public; (ii) whether established sound and implementation has administrative punishment free CD volume right specification of related supporting system and to social public, including administrative punishment free CD volume audit system, and to party description reason and told system, and hearing system, and free CD volume public system, and law enforcement supervision check system, ; (Three) whether according to administrative punishment free CD volume standard determine administrative punishment of type and range; (four) whether full consider and measure has illegal facts, and nature, and plot and the social against degree, related factors; (five) on illegal facts, and nature, and plot and the social against degree, factors basic same of similar violations, by applies of legal according to, and punishment type and range whether basic same; (six) on same illegal case in the two a above implementation same or approximate violations of behavior people by applies of legal according to, and
    Punishment type and range whether basic same; (seven) made more heavy, and more light or from administrative punishment of decided, whether meet related legal regulations and this system administrative punishment free CD volume right specification; (eight) party requirements description CD volume reason of, whether for has description; (nine) whether heard and full consider has party proposed of statement and defence views; (ten) other law need supervision of content.
    Sixth organ under the implementation of administrative punishments administrative punishments discretionary actions shall follow the principles of lawfulness, fairness, justice, openness.
    Seventh administrative penalties should violations of the nature, circumstances, the degree of social danger; violation of plot, character, and adverse social consequences are almost the same or similar administrative violations, essentially the same administrative punishment should be given, no abuse of discretion in administrative punishment.
    Eighth municipal and administrative law enforcement departments of the Central and provincial laws, regulations, rules and regulations of administrative punishment, category, range, according to the provisions of the administrative penalty discretion specifications, specific to each operation standard of administrative discretion in punishment, imposition of administrative penalty discretion as this sector basis.
    Administrative penalty discretion specification shall be submitted to the Municipal Government Legal Department review, as open to the public.
    Nineth implementation authorities shall set up and perfect the system of administrative penalties administrative penalty discretion related work, right of free judgment for administrative punishment implementation into the unit for administrative law enforcement personnel's evaluation and accountability, standardized exercise of administrative discretion in punishment.
    Tenth organ under the implementation of administrative punishments administrative punishments discretionary, shall perform the procedure, clear the enforcement process and to the public.
    11th offence minor and correct, causes no harmful consequences, no administrative penalties.
    12th for major violations need discretion when imposing a heavier administrative punishment within the scope, organ in charge of administrative penalty should be decided collectively. 13th organ under the implementation of administrative punishments when making a discretionary decision, shall be stated in the written decision of administrative penalty in concrete facts, circumstances and reasons.
    Request for interpretation by the parties, should offer an explanation.
    14th article implementation administrative punishment free CD volume right, shall not has following behavior: (a) party by of administrative punishment and administrative violations of plot, and nature compared, orthodontic light or orthodontic heavy; (ii) in same case in the, different party of administrative violations and plot same, but by of administrative punishment different; (three) according to same legal, and regulations, and regulations of provides handle of different case in the, party of administrative violations and plot same, but by of administrative punishment different.
    15th article levels government legal sector on administrative punishment implementation organ implementation administrative punishment free CD volume right situation of supervision way: (a) carried out administrative punishment files assessment check; (ii) through daily supervision check or carried out administrative punishment free CD volume right special check, and checks; (three) accepted masses on administrative punishment case of reported; (four) on major administrative punishment decided of record review; (five) administrative reconsideration in the on administrative punishment behavior of rationality for review;
    (F) by the people's Court for review of the reasonableness of the administrative penalty.
    16th section does not comply with the provisions of article fifth administrative punishment decision, legislative affairs departments at all levels should make a rectification opinions, be corrected by the implementation of administrative punishments. 17th article administrative at weak implementation organ and the administrative law enforcement personnel has following case one of of, by levels government legal sector on units be informed, and in accordance with Jilin province administrative asked accountability provisional approach, and Jilin city administrative law enforcement fault responsibility held approach, about provides, depending on plot weight, temporarily buckle, and revoked related responsibility people administrative law enforcement documents; by monitored, about sector law give warned or ordered made check, and informed criticism, and out work post, and ordered resigned, and removal, and dismissed or dismissed Constitutes a crime, criminal responsibility shall be investigated according to law: (I) misuse of administrative penalty discretion is the administrative reconsideration organ or the people's Court shall revoke or alter or confirm the illegal; (b) the right of free judgment for administrative punishment in violation of the law, regulations, or content that is not provided for by the provisions of the fifth code, not period correct, (iii) other administrative penalties.
    Right of discretion, resulting in significant loss or adverse effect.
    18th organ specifications administrative penalties imposition of administrative penalty discretion, as assessment of the implementation of administrative punishments according to law administration, included in the annual assessment of the responsibility system for administrative law enforcement in the city.
    The 19th article of the rules by the Public Affairs Office is responsible for the interpretation and implementation of the Government of Jilin province.
        The 20th article of the regulations come into force on September 1, 2008.

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