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Tianjin City Administration Relative-Centralized Administrative Punishment Right

Original Language Title: 天津市城市管理相对集中行政处罚权规定

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(Summit of 8 January 2007 at the 84th ordinary meeting of the Government of the People of the city of Zenzi, to consider the adoption of Decree No. 111 of 23 January 2007 on the occasion of 1 March 2007 of the Order No. 111 of the People's Government of the city)

In order to strengthen urban management, maintain urban order and improve the effectiveness of administrative law enforcement, the provisions of the relevant laws, regulations and regulations, such as the National People's Republic of China's Administrative Punishment Act, are developed in conjunction with the realities of the city.
Article 2, which applies to urban management within the city's administration, is relatively focused on administrative penalties.
Article 3. The executive heads of the integrated urban administration are relatively concentrated in urban management.
The Integrated Administration of Urban Management in the city and district, and the district, exercises administrative penalties that are relatively concentrated in urban administration, performs their duties under the law and assumes the corresponding legal responsibility.
Article IV. The integrated administration of urban administration is centrally exercising the following administrative penalties:
(i) The right of all administrative penalties provided for in the regulation of sanitation, legislation, regulations and regulations, which are mandatory in accordance with the law to dismantle buildings or facilities that are incompatible with urban profiling standards, sanitation standards;
(ii) The full range of administrative penalties provided for in urban park green management laws, regulations and regulations;
(iii) The right to administrative penalties for offences committed by motor vehicles and non-motive vehicles, as prescribed by law, regulations, regulations and regulations governing the management of public safety traffic;
(iv) The right to administrative penalties for offences under the laws, regulations and regulations governing municipal administration;
(v) The right to administrative penalties for unlawful construction without authorization from the planning sector, as provided for in the laws, regulations and regulations governing urban planning management;
(vi) The right to administrative penalties for offences committed by the occupation of the roads, in accordance with laws, regulations, regulations and regulations relating to the administration of the business;
(vii) Other administrative penalties for urban management determined by the Government of the city, in accordance with laws, regulations, regulations or regulations.
Following the relatively concentrated nature of administrative penalties in urban management, the relevant administrative authorities shall not exercise the administrative penalties set out in the preceding paragraph; continue to exercise their administrative sanctions decisions are null and void and assume the corresponding legal responsibility.
Article 5
Irrespective offences should be investigated by district, district urban administration, and the Integrated Administrative Enforcement Agencies of Urban Management could be responsible for their inspections or directly checked. The following cases are directly investigated by the Integrated Administration of Urban Management.
(i) Cross-regional, district cases;
(ii) Significant cases of difficulty or impact;
(iii) Cases in priority areas, such as airports, ports;
(iv) The Government of the city has designated the cases.
Integrated administrative enforcement agencies in district, district urban management are responsible for the conduct of investigations in violation of urban administration laws, regulations, regulations and regulations within the jurisdiction.
Article 6. Integrated administrative law enforcement agencies and their law enforcement officials should exercise strict administrative penalties in accordance with this provision, exercise serious duties, strict enforcement, justice enforcement, civilized law enforcement, adhere to professional ethics and self-sensitization.
The principle of integration and education should be adhered to by integrated urban management of administrative law enforcement agencies to impose administrative penalties and redress violations. The perpetrators should be educated first and should be responsible for the immediate alteration or duration of the time frame; the offender does not change and impose administrative penalties under the law.
Article 7. Integrated administrative law enforcement agencies in urban management shall not be less than two persons in the investigation or inspection, and shall, on their own initiative, present administrative law enforcement documents to the parties or the persons concerned, produce investigations or on-site inspections, and the parties or the persons concerned shall, if any, assist in investigations or inspections or prevent them; law enforcement officials are entitled to access, receive or replicate information relating to administrative sanctions when they are investigated by the relevant units, without prejudice to or refusal.
Article 8. When urban administration collects evidence by integrated administrative law enforcement agencies, where evidence may be lost or otherwise difficult to obtain, a registration may be made by the heads of the integrated administrative enforcement agencies in urban management, where registration lists are opened and a decision should be taken in a timely manner within 7 days.
Article 9 Integrated administrative enforcement agencies in urban management should take a decision within 7 days of the date of the list of provisional instruments or items covered by the offence under the law.
The parties should be informed, in accordance with the law, of the time and place to be processed. The parties should be treated with the tools to be rescinded, all of the items returned to the parties; the parties were not dealt with at a later stage and were not dealt with by a notice of three months, and the authorities of the Integrated Administration of Urban Management were entrusted with a qualitative auction. For instruments, goods and services that are prone to lapse, vulnerability, and are not accessible to the auction, integrated urban administration law enforcement agencies should notify parties within 2 days to be processed at the designated location; they are not processed after the approval of the executive heads of the integrated administration of urban management, which may be sold before they are made.
The auction, the price of the sale was reduced to the fine, and the remaining portion returned to the party without refunding the collateral of the contributory State. For items that cannot be sold, they are destroyed by the integrated administrative law enforcement agencies in urban management and are recorded for destruction and are available in the same financial sector every half a year.
The integrated administrative enforcement agencies in urban management should be kept in custody of the tools and goods involved in the suspension of the offence under the law and should not be used, damaged, lost.
The laws, regulations provide for the suspension of the instrument and the provision of the goods.
Article 10: The case of a comprehensive administrative law enforcement body dealing with the general procedures set out in the National People's Republic of China Administrative Punishment Act shall be determined within 15 working days of the date of the case; the case is significant and complex, with the approval of the heads of the urban administration executive branch, for a period of 15 working days.
The law, legislation and regulations provide otherwise, from their provisions.
Article 11. When urban administration is subject to administrative penalties by an integrated administrative law enforcement body, the parties should be responsible for any immediate change or reduction of their duration. For damage caused by the offence to be restored, it should be responsible for its restitution. For the construction of the law, it should be punishable by law and that administrative sanctions should not be replaced with the maintenance of the law. The parties refused to restore the status quo or dismantle it, the executive law enforcement authorities in urban administration should take mandatory measures in accordance with the law or apply for the implementation of the People's Court.
Article 12. Relevant administrative authorities, such as urban congestion, sanitation, parking, public safety transport management, municipal, planning, business and business, should be managed on a regular basis in accordance with the law, in coordination with the work of the integrated administrative law enforcement agencies in urban administration, in order to achieve the sharing of administrative information resources, such as administrative licences, administrative fees, etc.; In the case of an alleged violation to be handled by the integrated administration of justice in urban administration, the case-related material should be transferred within three days. The integrated administrative law enforcement agencies in urban management should inform the relevant administrative authorities within 3 days of the decision to be taken by law.
In the event of a violation by the Integrated Administration of Urban Management, it was found that issues relating to the unlawful approval, licence or failure to perform the statutory duties could make written recommendations to the relevant authorities or be brought to the Government of the same people.
The administrative authorities have found that the integrated administration of urban administration is in conflict with the law enforcement, transcendance or non-performance of the statutory responsibilities, and can make written proposals to the integrated administrative enforcement agencies in urban management or to bring them to the same level of the Government.
Article 14. The Integrated Administrative Enforcement Agencies of Urban Management found that the offence involved compensation, compensation, administrative expenses or the removal of the related formalities should be notified in a timely manner within 3 days. The authorities concerned should inform the integrated administrative law enforcement authorities of urban management within three days of the process. The integrated administrative enforcement agencies in urban management have been treated by law after they have received notification of the results.
Article 15. Administrative penalties imposed by the integrated administration of urban administration and its law enforcement officials, in one of the following cases, shall be held in accordance with the relevant laws, regulations, regulations and regulations; damages to citizens or property, public interest, social order, and losses to legal persons or other organizations shall be compensated by law:
(i) The fact that there is insufficient evidence;
(ii) There is no statutory basis for administrative penalties or the application of laws, regulations and regulations;
(iii) Violations of statutory procedures;
(iv) go beyond or abuse of the statutory authority;
(v) Implementation of administrative penalties has shown to be impartial;
(vi) Violations of enforcement measures;
(vii) Non-fulfilment of statutory responsibilities;
(viii) Other offences.
Article 16, concerning violations of this provision by the administrative authorities and their law enforcement officials, has one of the following cases in which legal responsibility is held in accordance with the relevant laws, regulations and regulations:
(i) Continue the exercise of the right to administrative punishment already centralized;
(ii) The transfer of cases handled by the integrated administration of urban administration should not be transferred;
(iii) To deny or delay the provision of evidence or information related to administrative penalties;
(iv) Obstacles or disrupt the investigation, evidence and administrative sanctions of the integrated administration of urban administration.
Article 17 Public security agencies established by the public security sector in the integrated administration of justice in urban areas are responsible for coordinating the legal treatment of flagrant violations such as the administration of administrative law enforcement in urban areas, obstructing the enforcement of public services, violent anti-laws.
Article 18: Urban management in functional economic zones such as the zinc Economic Development Zone, the SARS, the SARS and the SARS may be governed by this provision.
Article 19 provides that the provisions relating to the centralization of administrative penalties for urban management are inconsistent with this provision.
Article 20