Beijing Power Of Relatively Concentrated Administrative Punishment Measures For Urban Management

Original Language Title: 北京市实施城市管理相对集中行政处罚权办法

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(November 13, 2007 75th Executive meeting of Beijing municipality on November 18, 2007, 197th promulgated by the people's Government of Beijing municipality as of January 1, 2008) the first relative-centralized administrative punishment right for urban management, urban management and improve the level of law enforcement and law enforcement effectiveness, promoting administration according to law, maintain the legal rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative punishment law and relevant regulations of the State,
    This municipality actually, these measures are formulated.
    Article within the administrative area of the city relatively centralized administrative punishment right in urban management (hereinafter referred to as the relative concentration of punishment), these measures shall apply.
    Third municipal, district and county governments should strengthen the implementation of relatively centralized right of leadership, organization, coordination and supervision. Comprehensive administration of urban management enforcement agencies (hereinafter referred to as law enforcement agencies) are led by the people's Governments at the corresponding level exercise of relatively centralized right of administrative bodies. City law enforcement authorities are responsible for the relatively centralized right of administrative law enforcement in this city organized instruction, command and coordination and supervision, and according to the relative concentration of functions and powers, the exercise of right.
    District, County and city law enforcement authorities responsible for this area of relatively centralized right of administrative law enforcement.
    Fourth relatively centralized right of exercise shall follow the principles of lawfulness, fairness, openness, adhere to administrative and management services, the combination of punishment and education, the implementation of administrative guidance, guide the public to participate in and accept social supervision.
    Fifth article Chengguan law enforcement organ according to State and City Government on relative concentrated punishment right of decided, exercise legal, and regulations, and regulations provides of following administrative punishment right (following referred to punishment right): (a) city sanitation management aspects of punishment right; (ii) municipal management aspects of punishment right; (three) utilities management aspects of punishment right; (four) city water management aspects of punishment right; (five) Garden green management aspects of about punishment right; (six) environmental protection management aspects of about punishment right;
    (Seven) city River Lake management aspects of about punishment right; (eight) construction site management aspects of about punishment right; (nine) city parking management aspects of about punishment right; (10) traffic transport management aspects of about punishment right; (11) business administration aspects on flow no as business behavior of punishment right; (12) city planning management aspects on illegal construction of about punishment right; (13) tourism management aspects on no guide card engaged in guide activities behavior of punishment right;
    (14) municipal people's Government for decision by law enforcement authorities to concentrate in the exercise of the other right. Sixth power of relatively concentrated punishment establishment and adjustment of the competence of the municipal people's Government for decision.
    Establishment and adjustment of scope should be based on the needs of the urban management development, adhere to and in line with the principle of simplification, uniformity and efficiency.
    Law enforcement authorities and relevant departments are not allowed to the purview of relatively centralized right adjust, change.
    City law enforcement agencies focused on exercise of the right, the original function may not exercise.
    Article citizens, legal persons or other organizations against city administration order, shall by law enforcement agencies in accordance with the areas of competence of administrative penalties, jurisdiction of the violations committed by law enforcement authorities. Law enforcement on flow state of areas adjacent to the city law enforcement authorities may agree that offences committed in the context of the appropriate regional joint jurisdiction. Violations discovered by the first of the common areas within the jurisdiction of law enforcement organs investigated and dealt with, other law enforcement agencies may be required.
    Agreed joint jurisdiction should be up-level law enforcement agencies, and the people's Governments at the corresponding level for the record.
    Of the jurisdictional objection, and can be reported to a superior law enforcement agencies jurisdiction.
    Superior city law enforcement authorities had jurisdiction over subordinate law enforcement authorities jurisdiction over a case, also can transfer the cases under their jurisdiction of subordinate jurisdiction of law enforcement authorities.
    Eighth article Chengguan law enforcement organ and city management integrated administrative law enforcement personnel (following referred to Chengguan law enforcement personnel) in investigation violations Shi, can law take following measures: (a) into was check units or site for survey, and check; (ii) check out, and access, and copy, and shooting, and recording about evidence material, sampling forensics or first registration save about evidence; (three) seized, and seized and violations about of property; (four) legal, and regulations, and regulations provides of other measures.
    Nineth City law enforcement agencies shall keep antecedent register, seizure of property, shall not use or damage to perishable goods, law enforcement organs should be properly disposed of.
    Advance registration and preservation, distress need to be returned to the party, law enforcement authority shall notify the right holder to receive; unknown rights holders of shall issue a stop notice right refuses to receive or unclaimed after the expiration of the notice, by City law enforcement organs according to law.
    Article tenth City law enforcement authorities make a decision of administrative penalty (hereinafter the decision) should be based on the facts, facts, nature and seriousness of the violations and the harm. City law enforcement authorities before making a decision, and shall inform the parties the fact that has made the decision, the reasons and basis and shall inform the Parties shall have the right, listen to the statements of the parties, and to defend themselves. Statement, argued the facts put forward by the parties, as well as established by the evidence, law enforcement organs should adopt. City law enforcement authorities not because of party representation, to plead and aggravating.
    Hearing of the parties to request a hearing and in accordance with requirements of law enforcement administration organ shall organize the hearing.
    11th 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, law enforcement authorities 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.
    12th in addition to collect fines on the spot in the case, making fine decisions of law enforcement authorities and law enforcement officers are permitted to own fines; the Parties shall pay the fine to the nominated Bank.
    13th must have qualifications on administrative punishment law enforcement law enforcement personnel, in dealing with offences, it should be uniform, wearing a Chengguan logo and produce a certificate of administrative law enforcement and maintain appearance neat, graceful, civilized language, standardized law enforcement.
    Law enforcement personnel performing official business according to law, are protected by law.
    Article 14th law enforcement personnel and cases of direct interest or any other relationship between the parties, may affect the impartial handling of cases, and should be avoided.
    The avoidance of law enforcement personnel, decided by the heads of respective law enforcement organs. 15th the city establishment of relatively centralized right of leadership and coordination mechanisms, strengthening law enforcement authorities and the administrative law enforcement coordination between related departments.
    Coordination matters including: (a) disputes the competence of relatively centralized right, (ii) relatively concentrated right under applicable law enforcement dispute; (iii) to transfer the case, information sharing, coordination work in the performance of administrative duties and to meet and (iv) other matters.
    16th City law enforcement organs have a relatively centralized right of administrative law enforcement coordination initiative to coordinate responsibilities and coordination responsibility of the relevant departments. Coordination between the law enforcement authorities and relevant departments agree, shall draw up a written opinion, submitted to the people's Governments at the same level for the record.
    Opinion shall contain the evidence and work programmes, the specific measures.
    City law enforcement agencies fail to reach an agreement with all relevant departments shall, in accordance with the administrative coordination of enforcement-related provisions.
    17th City law enforcement organs and the relevant departments in dealing with offences, found does not belong to the Department or jurisdiction, shall promptly transfer the jurisdiction over the settled transferred case shall provide the necessary evidence, was transferred to the Department shall transfer the case processing of feedback Department.
    18th City law enforcement authorities and relevant departments should identify the specific body of work, is responsible for the coordination of administrative law enforcement on a daily basis, regularly informed, and urban management information, Exchange and share data in a timely manner. 19th law enforcement organs and the relevant departments according to the needs of urban management, implementation of joint law enforcement.
    Implementation of joint law enforcement should be approved by the participating heads of departments, and to develop work programmes, contingency plans.
    When the 20th City law enforcement agencies requires relevant departments to professional and technical explanations or provide other assistance, relevant departments shall, in accordance with their respective functions or, according to the Government's decision to cooperate, coordinate opinions.
    21st City law enforcement organs should strengthen enforcement 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 servants, establish a sound recruitment, assessment, training, communication and avoidance system.
    22nd municipal people's Government departments and district and county people's Governments shall strengthen the supervision and inspection of law enforcement organs to exercise the power of relatively concentrated punishment, on the law enforcement agencies not to perform, the illegal performance or improper performance of Executive Authority (hereinafter referred to as law enforcement Act), shall be ordered to make corrections and hold the Executive law enforcement responsibilities. Law enforcement authorities should establish and improve the exercise of the power of relatively concentrated punishment level monitoring system.
    Superior city law enforcement agencies found that lower-level law enforcement agencies of illegal law enforcement activities, should be ordered to correct lower city law enforcement authorities refused to correct, the superior law enforcement organ can be corrected, or propose Governments ordered to redress and prosecute administrative law enforcement responsibility. Citizens, legal persons or other organizations against acts of law enforcement of the law enforcement authorities have 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.

    23rd a citizen, legal person or other organization believes that law enforcement agencies of violations of their legitimate rights and interests of a specific administrative act, may apply for administrative reconsideration or bring an administrative suit.
    City law enforcement authorities the illegal exercise of authority, violating the legitimate rights and interests of citizens, legal persons or other organizations for damage caused should be compensated according to law. 24th article Chengguan law enforcement personnel has following illegal law enforcement behavior of, should held administrative law enforcement responsibility: (a) no statutory according to or not comply with statutory program implementation administrative punishment; (ii) abuse, and negligence, and engages in; (three) cannot set causes or violation statutory program unauthorized change has made of administrative punishment decided; (four) implementation punishment not making legal instruments, and using legal notes; (five) bewilders, and abuse, and beat or instigated others beat party; (six) interception, and misappropriated, and
    Dividing up or disguised privately dividing attachment, seizure, confiscation of property, (VII) request, receipt of a party and their families belongings or dinner parties and their families; (h) require the parties to assume non-statutory obligations; (IX) other law enforcement actions.
            25th article this way come into force on January 1, 2008.

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