Key Benefits:
(Summit No. 55 of 29 May 2006 of the Government of the People of the State of the State of the Republic of China to consider the adoption of Decree No. 151 of 7 June 2006 of the Order of the People's Government of the State of the Solemn State of 7 June 2006 on the application of 1 July 2006) Chapter I General Article 1 enhances urban management and enhances the level and efficiency of administrative enforcement in urban management, and in accordance with the relevant laws, regulations and regulations of the People's Republic of China's Administrative Punishment Act, and the letter of the State Department of Rule of Law on the implementation of the relatively centralized administrative penalties pilots in the city of the River Southern Province, in conjunction with the actual management of the city. Article 2 applies to the exercise of urban management in the city (unless to include the streets) and other special areas identified by the Government of the urban population, which are relatively concentrated in administrative penalties and administrative coercive and administrative inspections relating to the right to administrative sanctions (hereinafter referred to as administrative penalties). Article 3 provides for the exercise of part or all administrative penalties that have been exercised by the relevant administrations, in accordance with the provisions of this Article, by the urban administration executive branch. The municipal administration of administrative law enforcement agencies can commission administrative sanctions against the authorities in special regions and areas determined by the Government of the city, in accordance with the relevant laws, regulations and regulations. Article IV is responsible for the implementation of this provision by the urban administration executive branch and is responsible for the conduct of evaluation, coordination, supervision and management of administrative enforcement in urban management in all regions. Under the authority set out in this approach, the district urban administration executive branch, under the leadership of the Government of the people of the region, exercises relatively centralized administrative penalties within the jurisdiction and receives operational guidance from the urban administration executive and other relevant administrative departments. Article 5. The former executive branch shall not exercise the administrative penalties that have been exercised by urban administration enforcement authorities after a relatively concentrated nature of the administrative sanctions regime; the administrative penalties imposed are still in place and the corresponding legal responsibility is assumed. Article 6 Administrative penalties carried out by the relevant administrations of the city, the people of the region, in accordance with the law, should be supported and coordinated. The urban management public security agency established by public security agencies should work in coordination with the administration of administrative law enforcement in cities. Chapter II Article 7. The executive branch of urban management exercises the right to administrative punishment in accordance with the laws, regulations and regulations governing urban planning: (i) No construction of a capital planning licence; (ii) No construction of construction planning permits; (iii) Without the approval by the urban planning authorities of the redundancy line established by the licence for the construction of engineering planning, the high construction, level, area, footage, nature of use and the construction of other provisions in violation of construction planning licences; (iv) The duration of the use of temporary buildings and temporary line works has not been dismantled on time; (v) Units and individuals subject to the cessation of construction or demolition of buildings, constructions, etc., continue to work; (vi) Exhumation of sands, Turkmen etc., without approval or beyond the scope of approval, which undermines urban environment and landscapes and affect urban planning; (vii) Other violations of urban planning laws, regulations and regulations. Article 8 Administrative enforcement authorities in urban management exercise administrative penalties for violations of urban out advertising regulations, regulations and regulations, in accordance with regulations governing the placement of management provisions by urban outdoors. Article 9. The municipal, district urban administration executive authorities exercise administrative penalties in accordance with the provisions of the laws, regulations, regulations and regulations governing the greening management of urban parks, in accordance with the authority of management. Article 10 Administrative enforcement agencies in urban management exercise administrative penalties for violations of urban and environmental management, in accordance with the provisions of the laws, regulations, regulations and regulations governing urban and sanitation management. Article 11 Administrative enforcement authorities in the area of urban management exercise administrative penalties for violations of urban nutrient management provisions, in accordance with regulations, regulations and regulations. Article 12 Administrative enforcement authorities in the area of urban management exercise administrative penalties for violations of the provisions of municipal facilities management, in accordance with the provisions of the laws, regulations, regulations and regulations governing the management of municipal facilities. Article 13 (i) The existing units and individuals that use high-pollutant fuel within the area of non-fuel coal do not convert to clean energy in accordance with the deadlines set by the Government of the city; (ii) To build stoves for high-pollutant fuel, such as coal, in the city area; (iii) The storage, transport, loading of toxic gases without preventive measures; (iv) The open slots may result in the possibility of respiratory goods or material, and do not take measures to protect dust, such as cushion and severing; (v) Vehicles and construction vehicles that may result in the loading, transporting of goods that may be propitious, are not equipped with specialized sealing devices or other measures of dust; (vi) In areas where urban areas, wind poles, natural protected areas, artisanal protected areas, and other areas requiring special protection, the burning of paints, rubber, leather, garbage and other substances that produce toxic, harmful cigarettes, heinous gases; (vii) The creation of an open bathymetry, or the use of high-polluted fuel at an open-aired feeding point in the specific premises identified by the city, the people of the region; (viii) Inadequate access to exclusive oil cigarettes, the installation of a clean-up mechanism for oil cigarettes, resulting in non-application of pollutant emissions, or the creation of a dedicated oil-smoking link affecting the living environment of the population. Article XIV governs the exercise of administrative penalties for violations of construction noise and social life noise management provisions, in accordance with the laws, regulations, regulations and regulations governing the management of urban environmental noise. Article 15 Administrative enforcement authorities in the area of urban management exercise administrative sanctions in accordance with the provisions of the laws, regulations, regulations and regulations governing the management of road traffic in urban areas, which violate the right to stop mobile vehicles, non-modile vehicles and to impose administrative sanctions on the use of urban roads intrusion of vehicles, movement of persons and the denial of immediate departure on the ground, may be carried out by law. Article 16 governs the exercise of administrative penalties for acts of self-employment outside the market established by law or operating places, in accordance with laws, regulations and regulations governing the administration of business. Article 17 Chapter III Article 18 Administrative law enforcement agencies in urban management should introduce administrative law enforcement responsibilities, clear job responsibilities, clear terms of responsibility and responsibilities, and establish a system of rotation and avoidance for administrative law enforcement personnel. Article 19 Administrative law enforcement agencies in urban management should strengthen operational training for law enforcement officials in urban management, the application of the law enforcement qualification system and the evidence-based induction system and the continuous improvement of the level of law enforcement by administrative law enforcement officials. Article 20 should strengthen internal oversight mechanisms for the implementation of administrative sanctions by urban administration enforcement agencies and establish a system of evidence, decision-making and supervision of segregation of functions for sound administrative sanctions. The executive law enforcement agencies in urban management should make specific provisions on the discretionary power of administrative sanctions, such as fines, in accordance with the principle of proportionality of penalties, and be open to social scrutiny. Article 21 Enforcement of administrative penalties by urban administration authorities must be strictly carried out in accordance with the procedures set out in the National People's Republic of China Administrative Punishment Act and other relevant laws, regulations and regulations. In cases where administrative law enforcement officials are found to be guilty of violations, they are not less than two, and there must be a uniform law enforcement mark and a administrative law enforcement certificate for the River Southern Province. Article 22 found violations by the urban administration executive branch, and the parties should be responsible for immediate change or time-bound conversion. Article 23 governs the administration of urban administration when investigating the offence, the tools and goods used for the offence may be lost or otherwise difficult to obtain, and may be kept in custody after the approval of the head of the organ; the difficulty in obtaining the proper registration may be preserved before registration and, within a period of 24 hours, the approval process is completed. The administrative law enforcement agencies in urban management take registration conservation measures and should be given a voucher to the parties. Article 24 provides that urban administration authorities shall be kept in good custody of the tools and goods that are stored and seized in administrative law enforcement. The seizures, seizures and items are difficult to preserve or fail within a specified period of time, and are dealt with by law by the urban administration executive branch with the same level of finance. Article 25 The urban administration executive branch found that the administrative law enforcement authorities in the district should be found to be responsible for the commissioning or direct organization. Chapter IV Coordination and cooperation Article 26 Administrative enforcement agencies in urban management should establish information communication, working coordination mechanisms with other relevant administrations for administration and administration. Article 27 imposes on the licensee for administrative licence matters and shall be punished by the urban administration executive law enforcement authorities, and the administrative authorities shall communicate administrative licences in a timely manner to urban administrative law enforcement authorities, including through computer networks. The administrative law enforcement authorities in urban administration should be informed of the administrative sector in a timely manner, including through computer networks, after the penalties imposed by the licensee for administrative purposes. Article 28 related to the discovery by the administration of administrative authorities of offences punishable by the administrative law enforcement organs of urban administration, which should be transferred within 3 days to the urban administration executive branch. In the course of law enforcement, the urban administration executive authorities found that the offences to be dealt with by the other relevant administrations should be transferred within 3 days. The parties to the law of the Administrative Enforcement Authority of Cities shall be subject to the relevant procedure by law and the executive branch of urban administration shall be responsible for bringing them to justice. The administration concerned should be carried out in a timely manner, following the execution of administrative sanctions decisions and in accordance with the terms of law, regulations. In cases where the law requires that the relevant procedures be brought to justice, the executive law enforcement authorities in urban administration should seek the views of the administration before deciding on administrative penalties. The executive branch should respond within 5 days. Article 33 Violations committed by law enforcement authorities in urban administration resulted in compensation for damage to public facilities, parking greening facilities, environmental sanitation facilities, etc., which should inform the relevant administrative authorities of the amount of compensation in accordance with the criteria for compensation approved by the price administrative authorities or the assessment of the organization. Article 31 requires information, access to information or technical identification, monitoring, and support from the relevant administration. Chapter V Enforcement oversight Article 32 governs the administration of administrative law enforcement by urban administration and should be subject to supervision by the same-ranking, political and people, as well as the supervision of the Government's rule of law institutions, administrative review bodies and trial authorities. Article 33 XIII should establish a reporting system for urban management of offences, complaints and confidentiality for reportingers and complainants. Reports of violations committed by citizens, legal persons and other organizations, within the scope of their responsibilities, the urban administration enforcement agencies should promptly investigate and communicate the situation to the reporting person or the complainant in a timely manner, and the transfer of their duties to the administrative authorities concerned shall be communicated in a timely manner to the reporting person or the complainant. Article 34 of the major administrative sanctions decisions taken by the urban administration executive branch should be reported backed by the same-ranking government rule of law institutions within 15 days of the decision. The authorities of the city, the people's rule of law have found that administrative penalties for the administration of urban law enforcement organs are illegal or inappropriate and should be informed of their timely redress; the urban administration of administrative law enforcement authorities have not been corrected in a timely manner and brought to the same-ranking people's Government accountable for redress. Article XV governs disputes between the urban administration and other relevant administrations with respect to the administration of authority, which should be addressed in coordination with the rule of law institutions of the Government of the same people; coordination is incomplete and is presented by the same-level people's rule of law institutions to deal with the decisions of the Government of the High-level People. Article 36 Civil, legal or other organizations make specific administrative acts against the urban administration executive branch and apply for reconsideration, shall apply to the Government of the city for reconsideration; specific administrative acts against the urban administration of the district can be reviewed by the authorities of the people of the region or by the municipal administration. The parties may also initiate administrative proceedings directly to the People's Court. Article 37 governs the administration of administrative law enforcement organs and their law enforcement officers by one of the following acts, and by their units or departments with managerial competence, by virtue of their administrative disposition by the competent and direct responsible persons directly responsible for the direct responsibility of the person responsible; liability shall be borne by law for the loss of the parties; and criminal liability shall be held by law: (i) Failure to impose administrative penalties on the basis of or in violation of the statutory procedures; (ii) To change the types of punishment and the range of administrative sanctions; (iii) Non-use of statutory uniformed votes to be subject to administrative penalties; (iv) Exclusive, misappropriation, misappropriation or conversion, or unauthorized use of seizures, seizures, goods; (v) To use job facilities to seek or receive property from others; (vi) The grave consequences of the discovery of an offence in a timely manner; (vii) There are other abuses of authority, omissions and provocative fraud. Administrative law enforcement officials in urban management have one of the acts listed in the previous paragraph, which is severe, with the suspension of the administrative law enforcement certificate in the Southern Province of the River, or with the consent of the same-ranking people's Government, the write-off of the administrative law enforcement evidence in the Southern Province. Chapter VII Article 33, paragraph 1, of the present article is implemented effective 1 July 2006. On 25 July 2001, the State's Government issued a relatively centralized administrative penalties provision for urban management in the city (No. 95 of the Municipal People's Order). |
