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Anshan City Comprehensive Administrative Enforcement Provisions

Original Language Title: 鞍山市综合行政执法规定

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(Adopted by the 113th ordinary meeting of the Government of San Francisco on 17 September 2007, No. 161 of 12 December 2007 on the date of publication from publication)

Chapter I General
Article 1 provides for the in-depth advancement of administrative law enforcement, the optimization of the administrative law enforcement environment, the regulation of administrative law enforcement, the improvement of administrative law enforcement, the effective maintenance of the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the provisions of the Law on Administrative Punishment of the People's Republic of China, the Department of State's decision to further the focus on administrative punishment, and the development of this provision in the light of the practicality of my city.
Article 2 refers specifically to the Integrated Administrative Enforcement Authority of Urban Administration, the Municipal Culture Bureau (hereinafter referred to as the Integrated Administrative Law Enforcement Department) in accordance with the relevant laws, regulations and regulations, which are relatively concentrated in the exercise of administrative penalties in all or part of the other relevant sectors, as well as municipal transport bureaux, municipal councils, municipal forestry offices, the Urban Land Resources Authority, the Urban Defence Office, the Municipal Police, and the Urban Labour Guarantee Authority, respectively, to determine the full administrative penalties of the integrated executive law enforcement agencies that are responsible for the implementation of this sector.
Article 3. This provision applies to the integrated administrative enforcement of the administrative law and institutions at the municipal level of the hunt.
Article IV Integrated administrative enforcement is guided by the principles of openness and justice. The enforcement of administrative sanctions should be based on facts and be proportionate to the nature of the offence and the extent of social harm.
The integrated administrative law enforcement and integrated administrative law enforcement agencies should exercise the right to administrative sanctions, effectively uphold public interests and social order, protect the legitimate rights and interests of citizens, legal persons and other organizations.
Article 5 citizens, legal persons and other organizations should support and cooperate in the integrated administration of justice and have the right to sue for violations.
Chapter II
Article 6. The Municipal Government undertakes relatively centralized administrative penalties in the area of urban management, and the Integrated Administrative Enforcement Authority of Urban Management is the executive authority mandated by the State Department for the integrated administration of urban administration, with the approval of the provincial government, to concentrate on the following specific functions:
(i) The right to administrative punishment under the laws, regulations and regulations governing urban planning management;
(ii) The right to administrative sanctions under the laws, regulations, regulations and regulations governing the management of sanitation and the forced removal of buildings or facilities that are not in compliance with urban standards, sanitation standards;
(iii) The right to administrative sanctions under the laws, regulations and regulations governing municipal administration;
(iv) The right to administrative punishment under the laws, regulations and regulations governing the management of property;
(v) The right to administrative punishment under the laws, regulations and regulations governing greening management in urban parks;
(vi) The right to administrative punishment under the laws, regulations, regulations and regulations governing utilities;
(vii) The right to administrative punishment under the laws, regulations, regulations and regulations governing the management of passenger transport (including passenger escorts);
(viii) The legal, regulatory and regulatory provisions governing the administration of civil burial management that provide for the shaft, cranes, a high-profile radio or acronymous, piecemeal money, and the right to administrative punishment for the sale of the offences committed by the construction of the burial supplies;
(ix) The right to administrative penalties for offences committed by a trader whose roads are intrusive under the laws, regulations and regulations governing the administration of business;
(x) The right to administrative sanctions for the burning of paints, social life noise, and slack of contaminated in the processing industry in areas of population concentration;
(xi) The right to administrative penalties for offences committed by motor vehicle disruptions, as prescribed by law, regulations, regulations and regulations governing the management of public safety transport.
Article 7. The municipal government undertakes relatively centralized administrative penalties in the area of cultural market management, which is the administrative authority responsible for integrated administrative enforcement in the municipal cultural market, with the following specific functions:
(i) The right to administrative punishment under the laws, regulations and regulations governing cultural market management;
(ii) The right to administrative punishment under the laws, regulations and regulations relating to the protection of human beings;
(iii) The right to administrative punishment under the laws, regulations and regulations governing the publication of public information;
(iv) The right to administrative punishment under the law, regulations and regulations governing copyright management;
(v) The right to administrative sanctions under the laws, regulations and regulations governing sports market management;
(vi) The right to administrative punishment under the laws, regulations, regulations and regulations governing the management of radio and television facilities on Earth.
Article 8
Article 9 Integrated administrative law enforcement agencies in the city of Agriculture (Sanitation) affiliated with the Municipal Agriculture (Second fisheries) have exercised administrative sanctions in the management of the city's agricultural (fishing).
Article 10 Integrated municipal forestry law enforcement agencies affiliated with the Municipal Forestry Administration have exercised administrative sanctions in the management of municipal forestry.
Article 11 Integrated administrative law enforcement agencies that are members of the Urban Land Resources Authority shall exercise administrative penalties for the management of land resources in the city, area or land.
Article 12
Article 13
Article 14. When administrative penalties are relatively concentrated, the authorities concerned (institutional) shall not exercise the administrative penalties that have been uniformly exercised by integrated administrative law enforcement authorities and integrated administrative law enforcement agencies; they are still exercised without administrative penalties.
Article 15. When an integrated administrative law enforcement officer performs its official duties, the following powers may be exercised by law:
(i) Access to inspection or investigation by inspection units or on-site;
(ii) Access, referral or replication of information relating to inspection matters;
(iii) To obtain relevant information on evidence through, inter alia, audio recordings, videos;
(iv) The seizure, seizure or removal of the tools, goods and buildings, construction of objects involved in the offence;
(v) Registration of evidence that may be lost;
(vi) Other powers under laws, regulations and regulations.
Chapter III
The integrated administrative law enforcement sector should establish a joint mechanism with the municipalities and the relevant authorities to organize regular joint meetings to inform law enforcement and address issues arising in the law enforcement process and to correct and suppress violations in a timely manner.
Governments and relevant sectors of the city should establish fixed working institutions responsible for regular operational linkages with the integrated administrative law enforcement sector.
Article 17: The integrated administrative law enforcement sector is one of the following and cannot be coordinated by the municipal authorities in the performance of their duties:
(i) The dispute over the same matter that the sector has or does not have a statutory management function;
(ii) There is a statutory management responsibility for the same offence and coordination on law enforcement standards;
(iii) The need for joint law enforcement on the same matter;
(iv) The law should assist, cooperate with law enforcement activities without the fulfilment or failure to effectively carry out assistance and coherence;
(v) The transfer of cases by law shall not be transferred or shall be admissible.
Article 18 should establish mechanisms for collaboration between public security authorities and the integrated administration of justice, integrated administrative law enforcement agencies, to effectively guarantee the safety of integrated administrative law enforcement personnel.
The integrated administrative law enforcement sector should establish a system of notification of matters related to the relevant sectors.
After a significant administrative penalties decision by the integrated administrative law enforcement authorities, the relevant departments should be informed within five working days on the basis of the type of case. The departments concerned have found that administrative penalties imposed by the integrated administrative law enforcement authorities are inappropriate, and the feedback should be given to the integrated administration of justice.
The administrative licence in the sector concerned shall be communicated in writing to the integrated administrative law enforcement authorities within one working day after the approval of the administrative licence. In the course of law enforcement, the integrated administrative law enforcement authorities have found that the authorities concerned do not carry out their duties under the law, and should be informed in a timely manner.
Article 20 provides that the integrated administrative law enforcement authorities, in the course of the investigation of the violation, require technical recognition or identification of the offence, shall be communicated in writing to the relevant authorities (institutional body). The relevant sector (institutional) should conduct technical validation or determination within the statutory time frame. In the absence of a statutory time frame, technical validation or determination should be conducted within two working days of the date of receipt of the notification and the identification or finding of the results in writing to the integrated administrative law enforcement sector.
Article 21 Integrated administrative law enforcement authorities should establish referral systems with the relevant departments. In accordance with their respective responsibilities, cases that do not fall under the jurisdiction of this sector should be transferred in a timely manner to the competent administration; criminal responsibility should be transferred to the judiciary in accordance with the relevant provisions.
The authorities of integrated administrative law enforcement agencies should make specific provisions on the interface between the integrated administrative law enforcement agencies and other institutions.
Chapter IV Enforcement oversight
Article 23 should be uniformed when administrative law enforcement officials carry out their official duties, bearing in mind the right to administrative punishment in strict compliance with the provisions of the National People's Republic of China Administrative Punishment Act.
Article 24, when law enforcement officials take mandatory measures, must comply with the following provisions:
(i) The notice to the parties;
(ii) Where seizures or evidence is preserved, a list shall be produced and completed, signed or communicated by the host and the parties. The party rejects the signature or chapter, which is considered to be delivered by two law enforcement officials when they indicate the refusal;
(iii) The seizure or the preservation of evidence shall not exceed the statutory period;
(iv) There is a need for forced demolition of buildings, constructions and facilities in violation of the law, and a deadline for demolitions should be sent to the parties; the late removal of the rule of law.
Article 25 Integrated administrative law enforcement and integrated administrative law enforcement agencies shall return to instruments, goods which are lawfully seized and shall be returned after the parties have fulfilled their administrative sanctions decisions; Failure to be processed by the parties within three months of the sentence decision to be delivered or notice may be made by law for the seizure of the goods; and the sale of disposable and other unseable seizures by law. The unlawful prohibited items seized shall be transferred to the relevant authorities.
Article 26, when implementing administrative penalties by integrated administrative law enforcement agencies and integrated administrative law enforcement agencies, shall use the uniformed monetary collections of the provincial financial sector to make payments for the sale of fines, forfeiture of proceeds of the conflict and forfeiture of the proceeds of the sale of the proceeds of the offence (removal) and shall not be dealt with in any form.
Article 27 does not determine administrative penalties and may apply for administrative review or directly to the People's Court. The administrative organs that have taken a disciplinary decision apply to the enforcement of the People's Court in accordance with the law.
The administrative penalties imposed by the parties for the Integrated Administration of Urban Management do not apply for administrative review, which is governed by the law of the municipality.
The administrative penalties imposed by the parties in the exercise of the functions of the Public Information, Copyright, Documentation, Sports, Satellite Territorial Access and Broadcast Television Facilities Management Authority are not contested by the municipal government, which is governed by law, and administrative penalties for the exercise of the functions of the former cultural administration can be brought to the municipal government or to the executive authorities at the highest level.
The administrative sanctions decisions taken by the parties to the municipal transport bureau, the Municipal Forestry Authority, the Urban Land Resources Authority, the Urban Defence Service, the Municipal Labour Security Agency, etc. may be subject to administrative review by the municipality or at the level of executive authority.
Article 28, Integrated Administrative Law Enforcement and Integrated Administrative Law Enforcement Authorities should clarify law enforcement responsibilities, scientifically establish law enforcement positions, regulate law enforcement procedures, establish sound administrative enforcement responsibilities, review nuclear and law enforcement accountability systems; establish and improve social oversight mechanisms to strengthen oversight of law enforcement activities.
Article 29 citizens, legal persons and other organizations have the right to report to administrative law enforcement oversight bodies on violations committed by integrated administrative law enforcement officials in law enforcement activities, and administrative law enforcement oversight bodies should be kept in due course.
Article 33 Integrated administrative law enforcement officials should be faithful, civilized law enforcement, impartial law enforcement, self-sensitization and abuse of authority. Private fraud, negligence, abuse of authority in law enforcement activities are subject to administrative disposition by its own units or superior authorities, and criminal responsibility is held by law.
Article 31 provides compensation for damage caused by violations of the legitimate rights and interests of citizens, legal persons and other organizations in the exercise of their official duties by integrated administrative law enforcement officials in accordance with the law, and administrative compensation should be paid to victims, while the authorities should be held accountable to law enforcement officials.
Chapter V
Article 32 Integrated administrative law enforcement and integrated administrative law enforcement authorities should prepare law enforcement, law enforcement procedures and law enforcement instruments in accordance with this provision to inform the municipal authorities of the rule of law sector.
Article 33