Anshan City Comprehensive Administrative Enforcement Provisions

Original Language Title: 鞍山市综合行政执法规定

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(September 17, 2007, Anshan city people's Government, the 113th Executive meeting on December 12, 2007, 161th Anshan city people's Government announced come into force on the date of promulgation) Chapter I General provisions article for further promoting the reform of administrative law enforcement, optimize administrative law enforcement environment, regularizing administrative enforcement actions and improve the level of law enforcement, and earnestly safeguard the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China Law on administrative punishment, the
    The State Council decision on further advancing the power of relatively concentrated administrative punishment such as relevant laws, regulations and the provisions of the regulations, based on actual city, these provisions are formulated.
    Second article this provides by said of integrated administrative law enforcement, especially city city management integrated administrative law enforcement Council, and City Bureau (following collectively integrated administrative law enforcement sector) according to about legal, and regulations and the regulations provides, relative concentrated exercise other about sector all or part of administrative punishment right and city traffic Council, and city agriculture, and City Forestry Council, and city land resources Council, and city civil defense do, and city labor guarantees Council, sector respectively determine by its belongs of integrated administrative law enforcement institutions unified exercise this sector of all administrative punishment right.
    Provisions of this article apply to the Anshan municipal comprehensive administrative enforcement authorities, Institute a comprehensive administrative and law enforcement. Comprehensive administrative enforcement of article follow the principle of openness, fairness.
    Imposition of administrative penalty shall be based on the facts and the nature and seriousness of the violations and the harm.
    Comprehensive administrative law-enforcement departments and comprehensive administrative law-enforcement agencies should be correctly exercising administrative penalty power to safeguard the public interest and social order, and protect the legitimate rights and interests of citizens, legal persons and other organizations.
    Five citizens, legal persons and other organizations should support and complement the comprehensive administrative enforcement work, and have the right to expose illegal activities. Second chapter law enforcement subject and permission sixth article municipal government in city management field carried out relative concentrated administrative punishment right work, city city management integrated administrative law enforcement Council is by State authorized provincial government approved established of is responsible for city level city management integrated administrative law enforcement work of administrative competent organ, concentrated exercise following specific terms: (a) city planning management aspects of legal, and regulations, and regulations provides of administrative punishment right; (ii) city sanitation management aspects of legal, and regulations, and regulations provides of administrative punishment right, Forced demolition not meet City City standard, and sanitation standard of buildings or facilities; (three) municipal management aspects of legal, and regulations, and regulations provides of administrative punishment right; (four) property management aspects of legal, and regulations, and regulations provides of administrative punishment right; (five) City Garden green management aspects of legal, and regulations, and regulations provides of administrative punishment right; (six) utilities management aspects of legal, and regulations, and regulations provides of administrative punishment right; (seven) city passenger (containing passenger taxi) management aspects of legal , And regulations, and regulations provides of administrative punishment right; (eight) home funeral management aspects of legal, and regulations, and regulations provides of on outdoor take lingpeng, and set Hall, treble play or playing dirge, and dispersal paper money, sales superstition funeral supplies of violations of administrative punishment right; (nine) business administration aspects legal, and regulations, and regulations provides of on occupation road no as vendors of violations of administrative punishment right; (10) environmental protection aspects of legal, and regulations, and regulations provides of on in population concentrated area burning asphalt, and linoleum
    , Rubber, leather, waste toxic or harmful smoke, odor violations of administrative punishment right of construction noise, community noise noise pollution, processing industry of administrative punishment of an offence (11) public security traffic management laws and regulations, regulations on motor vehicles parked about encroachment violations of administrative punishment right in the sidewalk. Seventh article municipal government in culture market management field carried out relative concentrated administrative punishment right work, City Bureau is is responsible for city level culture market integrated administrative law enforcement work of administrative competent organ, concentrated exercise following specific terms: (a) culture market management aspects legal, and regulations, and regulations provides of administrative punishment right; (ii) heritage protection aspects legal, and regulations, and regulations provides of administrative punishment right; (three) news published management aspects legal, and regulations, and regulations provides of administrative punishment right; (four) copyright management aspects legal, and regulations, and
    Right to administrative penalties stipulated in the regulations; (v) sports marketing management rights to administrative penalties stipulated in laws, rules and regulations; (vi) satellite ground receiving and broadcasting and television facility management laws, regulations, rules and regulations of administrative punishment right.
    Eighth municipal traffic Bureau, transportation comprehensive administrative law-enforcement agencies unified exercise of municipal and district road transportation, road highways, traffic fee imposed administrative punishment right in records management.
    Nineth of municipal, agricultural, agriculture is a member of (fisheries) comprehensive administrative law-enforcement agencies unified exercise of municipal agricultural (fishery) management of administrative punishment.
    Tenth of Municipal Forestry Bureau of forestry, forestry management, comprehensive administrative law-enforcement agencies should exercise administrative punishment.
    11th of municipal land and resources Bureau of unified municipal land mine resources administrative law enforcement agencies to exercise municipal and district mining resources, administrative punishment right in land resource management.
    12th municipal civil defense Office is a member of the municipal civil defense general administrative law enforcement agencies unified exercise of civil air defence works and civil air defense communications and warning management of the administrative right of penalty.
    13th of municipal labor and Social Security Bureau, labour inspection, the comprehensive administrative law-enforcement agencies unified exercise of municipal and district administrative penalty relating to labour protection.
    14th after a relatively centralized administrative punishment right, the relevant departments (body) shall not exercise have been consolidated by the comprehensive administrative law enforcement departments and comprehensive administrative law-enforcement agencies centralized exercise of administrative punishment right exercise, make a decision of administrative penalty shall be invalid. 15th article integrated administrative law enforcement personnel implementation corporate Shi, can law exercise following power: (a) into was check units or site for check or survey; (ii) check out, and access or copy and check matters about of information; (three) used recording, and recorded (photo) like, means, made about evidence information; (four) on violations by involved of tool, and items and buildings, and structures,, be seized, and seized or demolition; (five) on may out lost of evidence information first registration save; (six) legal
    Of the other powers, rules and regulations.
    Chapter law enforcement link 16th comprehensive administrative law enforcement departments should be linked to the City Government and relevant departments to establish joint conference system, organized joint meetings on a regular basis to inform law enforcement work to address emerging issues in law enforcement, correction and suppression of violations in a timely manner.
    The work of the City Government and relevant departments shall determine the fixed body, responsible for day-to-day contact with comprehensive administrative law enforcement departments. 17th article integrated administrative law enforcement sector and about sector in perform duties process in the met has following case one of and cannot itself coordination of, by municipal government legal sector for coordination: (a) on same matters are think this sector has or not has statutory management duties and occurred dispute of; (ii) on with a violations are has statutory management duties, need on law enforcement standard, for coordination of; (three) need on same matters implemented joint law enforcement of; (four) law should assist, and
    Cooperation with law enforcement activities and does not perform or fail to discharge the responsibilities of assist and cooperate effectively and (e) shall be transferred without transferring the case according to law, or after the transfer shall be accepted and will not be accepted.
    18th article should establish comprehensive administrative law enforcement of public security organs and departments, the comprehensive administrative law enforcement agency cooperation and coordination mechanisms, effective personal security guarantees comprehensive administrative law enforcement personnel.
    Article 19th General administrative law enforcement departments should work with relevant departments to set up the notification system. Comprehensive administrative law enforcement departments to make major administrative punishment decision, shall, within 5 working days, inform relevant departments by case type.
    Authorities found the comprehensive administrative law-enforcement departments of administrative penalty decision wrong, should be timely feedback to the comprehensive administrative law enforcement departments. Departments of administrative licensing items shall be approved within 1 business days after written notice of administrative license comprehensive administrative law enforcement departments.
    Comprehensive administrative law enforcement departments in the relevant departments have not found during while performing their duties in accordance with law, shall inform the relevant departments. Article 20th comprehensive administrative law enforcement departments in the process of investigating and dealing with cases of violations need to be technical identification or certified, shall notify the relevant authorities (agencies). The departments concerned (institutions) technical identification or identification shall, within the statutory time limit.
    No statutory time limits shall, within 2 working days of receiving the informed technical identification or identification, and identification or identification results in writing inform the comprehensive administrative law enforcement departments. Article 21st comprehensive administrative law enforcement departments with relevant departments to establish case system.
    Determine the jurisdiction of the case in accordance with their respective responsibilities, to cases not belonging to the jurisdiction of the Department, shall be transferred to the competent administrative departments in time; should be transferred to judicial organs for criminal responsibility shall be investigated according to law, shall be in accordance with the relevant provisions to transfer the case to the jurisdiction of the judicial authorities.
    22nd comprehensive administrative law-enforcement agencies of Department-owned comprehensive administrative law enforcement agencies converge with the other agencies of law enforcement matters relating to specific provisions.
    Chapter fourth comprehensive administrative supervision article 23rd law enforcement officer in the execution of their duties, shall be uniform, wearing a sign of law enforcement, administrative law enforcement documents show, in strict accordance with the People's Republic of China provisions of the law on administrative punishment procedures to exercise right of administrative punishment. Article 24th comprehensive administrative law enforcement personnel in law enforcement measures, must comply with the following provisions: (a) issued a notice to the parties, (ii) when the arrest is executed or an evidence preservation, and fill in the list should be made, signed or sealed by the undertaker and the parties. The party refuses to sign or seal, indicated after the refusal by two law enforcement officers, the service shall be deemed, and (iii) seize or preserve evidence must not exceed the statutory deadlines;

    (D) the need to force the demolition of illegal buildings, structures and facilities, should be sent to the parties notice of dismantle; fails to dismantle, according to law to be torn down. 25th comprehensive administrative law-enforcement departments and comprehensive administrative tool for law enforcement agencies detained according to law, the goods, should be returned after the party to the administrative punishment decision; the Party decided in penalty delivered or not accepted within three months after the announcement, according to law to auction the seized items; for perishable and other seized items that cannot be kept legally for sale.
    Seizure of illegal contraband shall be transferred to the relevant departments.
    26th comprehensive administrative law-enforcement departments and comprehensive administrative law-enforcement agencies implement the administrative penalty, provincial financial departments should be used uniformly made fine receipt, to fines, confiscate the illegal income and confiscation of illegal goods (variable) sale proceeds, should be turned over to the State Treasury in full shall not be in any form without permission. 27th a party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or initiate litigation to the people's Court directly.
    If no application for reconsideration, bring a suit, and failure to comply penalty decision, by making the decisions of administrative authorities shall apply to the people's Court for compulsory execution.
    Parties made to the municipal administration of comprehensive urban management enforcement Bureau refuses to accept the decision on administrative penalty made on administrative reconsideration law accepted by the municipal government.
    Party municipal Bureau of press and publication, copyright, heritage, sport, satellite ground receiving and broadcasting and television facility management sector refuses to accept the decision on administrative penalty authority made an application for administrative reconsideration, legally accepted by the Government; to exercise original City Bureau of culture Administration refuses to accept the authority of the decision on administrative penalty, you can level to municipal government or administrative departments administrative reconsideration.
    Party City Transportation Bureau, City Council, the Municipal Forestry Bureau, the municipal land and resources Bureau, the municipal civil defense Office, the municipal Bureau of labor and Social Security Department refuses to accept the decision on administrative penalty made, you can level to municipal government or administrative departments administrative reconsideration.
    28th comprehensive administrative law-enforcement departments and comprehensive administrative law enforcement departments should be clear law enforcement duties, science to set law enforcement jobs, standard law enforcement procedure establishing administrative law enforcement responsibility, appraisal and the fault responsibility investigation system of law enforcement, establishing and perfecting the supervision mechanism, and strengthen the supervision of law enforcement officers law enforcement activities.
    Article 29th of citizens, legal persons and other organizations on violations of comprehensive administrative law enforcement personnel in law enforcement activities has the right to executive oversight of law enforcement authorities, supervisory authorities shall, in accordance with the provisions of administrative law enforcement investigation in a timely manner. Article 30th comprehensive administrative law enforcement personnel shall be devoted to their duties, enforcement, enforce laws justly, and consciously accept the supervision shall not abuse, abuse.
    Engages in law enforcement activities, dereliction of duty and abuse of power, law by his entity or his upper level organs penalties constitutes a crime, criminal responsibility shall be investigated according to law.
    31st comprehensive administrative law-enforcement officers in the course of performing official duties according to law violations citizens, legal persons and other organizations that cause damages constitute damages, shall make compensation to victims, as well as relevant departments according to law to hold law enforcement officers accountable.
    Fifth chapter supplementary articles article 32nd comprehensive administrative law enforcement departments and integrated administrative departments shall, in accordance with the provisions of law enforcement by law enforcement agencies based on, law enforcement procedures and law enforcement documents, reported to the legal authorities.
                                                                                          33rd article of the provisions come into force on the date of promulgation.

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