Key Benefits:
(Adopted by the 75th ordinary meeting of the Government of Beijing, 13 November 2007, No. 197 of 18 November 2007 of the Beijing People's Government Order No. 197 of 18 November 2007 (Act of 1 January 2008) Article 1 promotes the legal administration of citizens, legal persons and other organizations, in accordance with the National People's Republic of China's Administrative Punishment Act and the relevant national provisions, to develop this approach in conjunction with the current city's practice. Article 2 Article 3. The municipalities and territories, and the people's governments should strengthen the leadership, organization, coordination and monitoring of the implementation of the relatively centralized penalties. The Integrated Administrative Enforcement Administration of Urban Management (hereinafter referred to as the municipal administration of law enforcement) is the executive authority under the leadership of the Government of the people at this level to exercise relatively centralized penalties. The municipal law enforcement agencies are responsible for organizing guidance, command control, integrated coordination and screening of administrative law enforcement in the city's relatively centralized penalties, and exercising relatively centralized penalties in accordance with the mandate. Regional, district and municipal law enforcement agencies are responsible for administrative enforcement in the Territory's relatively centralized penalties. Article IV, which is relatively focused on the exercise of the right to punishment, should be guided by legitimate, impartial and public principles, consistent with the combination of administrative law enforcement and management services, punishment and education, and administrative guidance, leading public participation and self-sensitizing social oversight. Article 5 Law enforcement authorities in the city exercise the following administrative penalties under the laws, regulations, regulations and regulations, in accordance with the decisions of the State Department and the Government of the city regarding the right to a greater concentration of penalties (hereinafter referred to as penalties): (i) The right to punishment for sanitation management in the city; (ii) The right to punishment in municipal administration; (iii) The right to punishment in the management of utilities; (iv) The right to punishment in urban water management; (v) Relevant penalties for greening management; (vi) Relevant penalties for environmental protection management; (vii) Relevant penalties for urban river management; (viii) Relevant penalties for the management of construction sites; (ix) Relevant penalties for urban park management; (x) Relevant penalties for transport management; (xi) The right to impose penalties on mobility in the area of business administration; (xii) The right to appropriate penalties for the construction of the law in urban planning management; (xiii) The right to punishment in the management of tourism for the conduct of guided tours without a guide; (xiv) The Government of the city has decided to concentrate other penalties exercised by the urban administration. Article 6 defines and adapts to the extent of the right to punishment, which is determined by the Government of the city. It should be based on the need for urban management to uphold the principles of simplification, harmonization, effectiveness and accountability. The municipal law enforcement agencies and the relevant authorities shall not be able to adapt and change the scope of the relative concentration of penalties. The authorities of the city are centralized in the exercise of the right to punishment, and the authorities of the original function shall not be exercised. Article 7. Civil, legal or other organizations, in violation of the urban management order, shall be subject to administrative sanctions by urban law enforcement agencies, in accordance with the scope of their competence, to the jurisdiction of the urban law enforcement authorities in which the offence occurs. Violations committed by law enforcement authorities in neighbouring municipalities in the area of law enforcement can be agreed to be governed jointly within the appropriate regional context. The offences within the common jurisdiction area are investigated by the first founding authorities of the city, with the cooperation of other municipal law enforcement agencies. A common jurisdiction should be made available to law enforcement authorities and the Government of the people at the highest level. Jurisdiction contests may be reported to be appointed by law enforcement authorities at the common level. The law enforcement authorities at the upper city have the authority to govern cases under the jurisdiction of the law enforcement authorities at the lower-level town and may also transfer cases under their jurisdiction to the lower-level municipal administration. Article 8 Law enforcement authorities in the city and their integrated administrative law enforcement personnel in urban management (hereinafter referred to as urban law enforcement officers) may take the following measures in accordance with the law: (i) Access to inspection units or on-site inspections, inspections; (ii) To access, receive, replicate, photograph, video, or pre-registration of relevant evidence; (iii) The seizure, seizure and seizure of property relating to the offence; (iv) Other measures under laws, regulations and regulations. Article 9 Law enforcement authorities in the city should be properly kept in custody of the property seized and seized without the use or destruction of the property; and in the case of dispersionable goods, the urban administration should be properly disposed of. Pre-registration and seizure of property will require return to the parties, and the law enforcement agencies in the city should inform the owner of the receipt; the owner's unaccountability should issue a notice; the owner rejects the receipt or notice of an undesirable property and be treated by law by the urban administration. Article 10 The facts, rationales and bases of the decisions of the law enforcement agencies in the city should be communicated to the parties to the decisions on sanctions, and the rights of the parties in accordance with the law, to hear the parties' statements and to the defence. The law enforcement authorities should be adopted by the parties' statements, the facts, reasons and the evidence established by the defence. The municipal law enforcement authorities shall not be subject to increased penalties as a result of the statements made by the parties. The parties requested hearing and met the request for hearing, and the authorities of the city should organize hearings in accordance with the law. Article 11. The authorities of the city shall make a decision to impose the relevant instruments upon the parties upon the declaration; the parties are not present, and the municipal law enforcement authorities shall take direct delivery, retention, commissioning, dispatching, mailing, mailing and issuing a notice to the parties. Article 12, in addition to cases where a fine may be collected under the law, the urban administration and its municipal law enforcement officials who impose a fine shall not collect their own fines; the parties shall pay a fine to the designated bank. Article 13 law enforcement officials should have administrative sanctions enforcement qualifications and should be uniformed in the investigation of the offences committed by the Peri town, in the form of administrative law enforcement documents, and in order to maintain the integrity, turmoil, language civilization, normative enforcement. The law enforcement officials in the town are subject to legal protection. Article 14 Law enforcement officials in the city have direct or other relations with the parties in the case, which may affect the fair handling of cases and should be avoided. The evasion of law enforcement officials in the city is determined by the head of the law enforcement body in the city. Article 15. Coordination matters include: (i) Disputes relative to the scope of the competence to punish; (ii) Competitively focused enforcement on the dispute applicable; (iii) Transfers, information sharing, working collaboration and cooperation in the performance of administrative law enforcement functions; (iv) Other matters. Article 16 is the proactive coordination responsibility of the urban administration authorities for the coordination of administrative law enforcement, which is relatively centralized. In coordination with the relevant sectors, a written coordination opinion should be drawn up and sent to the Government of the same-ranking people. The content of the coordination opinion should include relevant basis and programme of work, concrete measures. Coordination between urban law enforcement agencies and the relevant sectors cannot be agreed and should be addressed in accordance with the relevant provisions of the administrative law enforcement coordination in the city. Article 17, when the law enforcement agencies and the relevant authorities are seized of the offence, it is found that the case is not the competent or competent authority of the sector and should be transferred in a timely manner to the competent department; that the transfer of the case should provide the necessary material and that the transfer department should transfer the case promptly feedback to the sector. Article 18 Law enforcement agencies in urban areas should identify specific work agencies responsible for the day-to-day linkages of administrative law enforcement coordination, regular briefings, the timely interconnection and sharing of urban management information, data. Article 19 Law enforcement authorities and relevant departments can enforce joint law enforcement, as required by urban management. The implementation of joint law enforcement should be approved by the heads of the participating sectors and the development of work programmes, emergency preparedness. Article 20, when law enforcement by the urban administration requires the relevant departments to interpret or provide other assistance on professional and technical issues, which should be synchronized in accordance with their respective responsibilities or in accordance with Government decisions. Article 21 Law enforcement agencies should strengthen the normative, institutionalizing construction and management of the law enforcement force, strengthen advocacy and the rule of law, improve the level of information and equipment-building, and establish systems such as better recording, appraisal, training, communication and avoidance, in accordance with the provisions of the Civil Service Act of the People's Republic of China. Article 2 The municipal law enforcement agencies should establish a system for improving the exercise of a higher-level oversight system that is relatively focused on the right to punishment. The law enforcement authorities at the upper city found that the law enforcement authorities at the lower-level city should be responsibly reformed; the law enforcement authorities at the lower-level town had refused to rectify it by law or recommended that the Government of the people concerned should be responsible for its transformation and accountability. Citizens, legal persons or other organizations have the right to complain or to prosecute violations committed by the urban administration. In the case of complaints or prosecution, the urban administration should be carefully reviewed and the mistakes should be found to be reproduced in a timely manner. Article 23. Civil, legal or other organizations consider that the specific administrative acts of the urban administration violate their legitimate rights and interests, may apply for administrative review and administrative proceedings in accordance with the law. The law enforcement agencies in the city exercise their duties in violation of the legitimate rights and interests of citizens, legal persons or other organizations and should be compensated by law. Article 24 Law enforcement officials in the city should be held accountable for administrative law enforcement: (i) There is no statutory basis for the enforcement of administrative penalties or non-compliance with statutory procedures; (ii) Abuse of mandates,ys of negligence, favouring private fraud; (iii) It is not possible to determine whether the administrative sanctions decisions that have been made are altered by or in violation of the statutory procedures; (iv) Execution of legal instruments and the use of legal instruments; (v) Distortion, abuse, beating or intimidating the person; (vi) Separate seizures, seizures and confiscation of property; (vii) To receive, receive the property of the parties and their families or receive the dinner of the parties and their families; (viii) To require the parties to assume their unlawful obligations; (ix) Other violations of law enforcement. Article 25 |
