Key Benefits:
(Act No. 64 of 8 July 2007 by the Government of the People's Republic of Bobo, effective 1 September 2007) Chapter I General Article 1, in order to regulate and monitor the discretionary conduct of administrative sanctions, guarantees the right of the executive to exercise administrative sanctions discretion, protect the legitimate rights and interests of citizens, legal persons and other organizations, and develop this provision in conjunction with the laws, regulations, such as the National People's Republic of China Administrative Punishment Act. Article 2, which states the right to liberty of administrative penalties, refers to the competence of administrative sanctions enforcement organs to impose administrative penalties, administrative penalties and administrative penalties on offences within the scope of administrative penalties enjoyed by law. Article 3 Article IV regulates and monitors the rule of law sector of the city, district and territorial governments responsible for the regulation and supervision of the discretionary conduct of administrative sanctions. The rule of law organs of the executive are responsible for the regulation and supervision of administrative sanctions in this sector. Article 5 implements the discretionary conduct of administrative sanctions, which should be guided by the principles of impartiality, openness, adherence to the combination of penalties and education, and shall not abuse the discretion of administrative sanctions. Article 6. The application of the discretionary nature of administrative sanctions should be in accordance with legal purposes, taking into account the relevant considerations in an integrated manner, and the measures and instruments should be necessary and appropriate. Chapter II Application Article 7. The executive penalties shall be imposed by law, regulations, regulations and regulations for administrative penalties, types, scope and scope, and in accordance with this provision, shall establish a standard of discretion for administrative sanctions as a basis for the exercise of the right to discretion for administrative sanctions. Article 8 The new laws, regulations and regulations enacted under article 9 relate to the discretionary discretion of administrative sanctions, and the executive organs should determine the criteria for their application in conformity with specific offences. Article 10, when administrative penalties are imposed by the executive organs in the exercise of the discretionary conduct of administrative sanctions, the relative administration should be given equal treatment and other means to achieve administrative purposes should be avoided. Article 11. The administrative penalties imposed by the executive organs shall be accorded the same administrative penalties in respect of unlawful circumstances, nature, facts, social consequences or similar administrative offences. Article 12. When administrative penalties are established by the executive organs to implement administrative sanctions standards and to implement administrative sanctions, the following provisions are implemented: (i) The perpetrator has an offence, and the law, regulations, regulations, regulations, regulations, regulations, regulations, regulations, rules and regulations stipulate that the punishment should be narrowed or reduced; (ii) The perpetrator has committed an offence and legal, regulatory and regulatory provisions may choose to apply penalties and should establish a type of punishment and a standard of punishment; (iii) The perpetrator has committed an offence, the law, regulations, regulations and regulations stipulate that the penalties are higher and the criteria for specific administrative penalties are established in accordance with the offence; (iv) The same standards of penalties for offences under the law, regulations and regulations should apply. Article 13 is minor and promptly corrected and does not result in consequences and does not require administrative sanctions. Article 14. Violations involve national security, public safety, ecological environmental protection, and the safety of life and property directly. Article 15. Administrative penalties imposed by the executive organs shall not include: (i) Administrative offences and circumstances are distorted or distorted compared to administrative penalties imposed by the parties; (ii) In the same case, the administrative offences and circumstances of different parties are the same, but the administrative penalties are different; (iii) In different cases governed by the same law, regulations and regulations, the administrative offences and circumstances of the parties are the same, but the administrative penalties are different; (iv) Administrative penalties are not in accordance with legal, regulatory and legislative purposes. Chapter III Procedure Article 16 shall specify the cases, investigations, reviews, decisions, implementation procedures of administrative sanctions imposed by this organ. Article 17 The executive body should establish a law enforcement registration system to register the law enforcement time, place, subject to inspection, law enforcement and enforcement results. Article 18, the administrative punishment enforcement body found the line of violations and should immediately assign law enforcement officials to conduct investigations on the ground. Article 19 applies a simple procedure for administrative penalties, and law enforcement officials must report administrative penalties within 2 days to the executive organs. Article 20 commits an offence to which a general procedural order is to be applied, and the executive heads must ratify the case in a timely manner. Article 21 applies to general procedures for administrative penalties, and after the end of the investigation by law enforcement officials, the investigation of the observations made must be reviewed by the rule of law body of the organ and reproduced by the head of the body or collectively. Of these, the punitive recommendations made by law enforcement officials relate to the application of the discretionary discretion of administrative sanctions, which must be given a special note. Article 22 applies to general procedures for administrative penalties, and administrative penalties shall be decided by the executive organs within 30 days of the date of the complaint. The laws, regulations or regulations provide otherwise, from their provisions. Prior to the administrative penalties decision, the executive sanction enforcement body will require hearing, testing, testing, quarantine, identification, and time required not be calculated for the period specified above. Article 23, in remote and inaccessible areas, imposes a fine decision by the administrative penalty enforcement body, which is difficult for the parties to pay a fine to the designated bank and must be subject to the party's submission that the administrative penalties are collected by the executive. In the absence of an application from the parties, the administrative sanctions enforcement authority shall not collect a fine. Article 24, after the administrative penalties decision of a fine, shall be determined by reason of an extension or sub-implementation of the statutory matter, upon application by the parties and by a collective discussion by the executive heads. All administrative penalties must be filed. Of these, administrative penalties apply to the general process, and administrative penalties should include the directory of the material, the identification of the file and the related evidentiary material, the investigation of the observations, the discussion of the record, the administrative sanctions notification and the receipt of the evidence, hearings, administrative sanctions decisions and the delivery of the evidence, the relevant material for the execution of the case, and the closure of the report. Article 26 should be heard in accordance with the provisions of laws, regulations and regulations, and the executive organs should hold hearings. In the case of administrative penalties imposed by the executive organs on a more complex or significant offence, the heads of the executive organs should discuss decisions collectively. Article 28, when administrative penalties are carried out by the executive organs in the exercise of the discretionary conduct of administrative sanctions, shall justify in the administrative penalties decision. Chapter IV Oversight Article 29, when administrative penalties are imposed by the executive organs in the exercise of the discretionary conduct of administrative sanctions, enforcement procedures should be carried out in accordance with the law, clear enforcement processes and publicize society. Article 33 Administrative penalties enforcement agencies should establish administrative law enforcement complaints systems to deal with administrative law enforcement complaints in a timely manner. Article 31 allows citizens, legal persons and other organizations to lodge complaints against administrative penalties committed by administrative sanctions enforcement organs in a variety of ways, and the executive organs that receive complaints should be promptly investigated. Major administrative sanctions decisions taken by administrative sanctions enforcement bodies should be made available to the Government's rule of law sector. Article 33, the rule of law sector of the municipal, district and territorial Government monitors the exercise of the discretion of administrative sanctions enforcement agencies through administrative law enforcement complaints, administrative law enforcement inspections, administrative law enforcement files, etc. Chapter V Legal responsibility In violation of this provision by the executive organs of administrative penalties, the authorities of the city, the district and district governments have been dismissed and are not reformulated, and the Government of the people at this level has been given criticism in the annual legal administrative examination, and the administrative responsibility of the responsible person is held in accordance with the law. Article XV violates this provision by administrative law enforcement officials, abuse of the discretion to impose administrative sanctions, suspension of administrative law enforcement documents by the Government's rule of law sector, and administrative disposition by the relevant departments, and criminal responsibility by law. Annex VI Article 36 |
