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Anhui Province Relatively Centralized Administrative Punishment Right In Urban Management Approach

Original Language Title: 安徽省城市管理领域相对集中行政处罚权办法

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(Adopted by the 37th Standing Committee of the People's Government of Ankara, 6 June 2006, No. 192 of the Order of the People's Government of Anguégué, dated 28 June 2006 and published as of 1 August 2006)

In order to strengthen integrated urban management and enhance the effectiveness of administrative enforcement in urban management, this approach has been developed in line with the provisions of the National People's Republic of China's Administrative Punishment Act and relevant legislation.
Article 2 of this approach refers to the relatively centralized administrative penalties in the urban management area referred to by the State Department or by the State Department, which authorizes the Government of the Provincial People, with the approval of the executive branch in the area of urban management, in accordance with the law, to focus on the exercise of administrative penalties in all or part of the urban administration.
Article 3. This approach applies to the implementation of the relatively centralized administrative penalties in the area of urban management in the province.
Article IV undertakes relatively centralized administrative penalties in the area of urban management with the objective of establishing a clear, code of conduct, functioning coordination, and efficient urban administration enforcement system, consistent with the principles of streamlining, rule of law and effectiveness, science and rationalizing the establishment of administrative law enforcement agencies for integrated urban management, justice and civilization.
Article 5 is responsible for the review of a relatively centralized programme of work in urban management throughout the province to guide, coordinate and monitor relatively centralized administrative penalties in urban management.
Units and individuals that have made significant achievements in the area of urban management in the area of relative concentration of administrative sanctions, the provincial Government's rule of law institutions are rewarding with provincial executives.
Article 6. Municipalities in the area of urban management and their territories carry out a relatively centralized programme of work on administrative penalties, which was approved by the Government of the urban population of the districts. Urban management is relatively focused on the programme of work on administrative penalties, which is proposed by the People's Government of the District (communes) and approved by the Government of the Provincial People's Government, with the consent of the municipality.
The programme of work on relatively centralized administrative penalties in the area of urban management relates to the institution's preparation of clearance matters, and is governed by the institutional approval process prior to the programme.
Article 7 declares that activities in the area of urban management are relatively concentrated in the area of administrative penalties, and shall submit the following materials to the Government of the province:
(i) Applications for reports;
(ii) The Standing Committee of the People's Government of the Zone discusses the summary of the proceedings of the meetings that determine the relatively centralized exercise of the right to administrative punishment;
(iii) Programme of work.
The programme of work should include the scope of urban law enforcement, the right to be centralized and the authority, the management system, institutional setting, funding sources, staffing and related systems.
Article 8 declares that the programme of work on the right to administrative penalties in the area of urban management should clarify the following basic requirements:
(i) The establishment and staffing of institutions in line with the principles of simplification, effectiveness, the duty to focus on the administration of administrative penalties should be an independent administrative law enforcement department led directly by the Government of the people at this level, and to carry out its mandated functions independently by law;
(ii) Needs for law enforcement, and financial security for the administrative law enforcement sector of integrated urban management;
(iii) Administrative law enforcement officials should be trained in uniform and have legal enforcement qualifications;
(iv) Other conditions under the law, regulations.
Article 9. Review of the programme of work on relatively centralized administrative penalties in the area of urban management and the integration of field investigations and written reviews; and, where necessary, the views of the relevant sectors of declared cities and the urban population should be heard. The provincial Government's rule of law bodies review the declaration programme for two months.
Article 10, which is reviewed by the provincial Government's rule of law institutions, provides views on the proposed consent to undertake relatively centralized administrative sanctions in the area of urban management, following the approval of the Government of the Provincial People's Government, which responds to the commune government of the province's rule of law institutions.
Article 11. Following the approval of the programme of work on relatively centralized administrative penalties in the area of urban management, the Government of the urban population should complete the establishment of the administrative law enforcement sector in urban integrated management within six months of the approval of the programme of work. Until such time, the declaration process has been reorganized.
Article 12 Integrated Urban Management Administrative Law Enforcement Departments, which concentrate on the exercise of the following administrative penalties:
(i) The right to administrative punishment under the laws, regulations and regulations governing the management of sanitation and the forced removal of buildings or facilities that are incompatible with urban profiling standards, sanitation standards;
(ii) The full or partial administrative penalties provided for in urban planning management laws, regulations and regulations, and administrative penalties for offences such as unauthorized construction of buildings that impede public safety, public health, urban transport and construction;
(iii) The right to administrative sanctions under the laws, regulations and regulations governing urban green management;
(iv) The right to administrative penalties under the laws, regulations and regulations governing municipal administration, and administrative penalties for violations of the management of municipal works facilities;
(v) Some administrative penalties provided for in laws, regulations and regulations governing environmental protection, which are less harmful to the environment, may be determined through a real judgement or subject to an administrative sanctions regime, or are subject to administrative penalties in accordance with the law;
(vi) The right to administrative penalties for unlawful acts in public places, such as roads, square brackets, in accordance with the laws, regulations and regulations governing the administration of business;
(vii) The right to administrative penalties for offences such as the exhumation of roads, the occupation of roads, the construction of roads, as stipulated in the laws, regulations and regulations governing the management of public safety transport;
(viii) Law, regulations and other administrative penalties in the area of urban management centrally exercised by the Government of the Provincial People.
Article 13 regulates the scope of law enforcement, increases or reduces the concentration of penalties in cities with a relative concentration of administrative penalties, and shall be subject to the reporting procedure in accordance with article 6 of this approach.
Article 14. Municipalities in the area are determined by the communes of the area, in accordance with the principle of the rendition of specific administrative law enforcement activities, in line with the principle of the relative concentration of administrative sanctions in the urban administration of the districts (markets, zones) under their jurisdiction.
The administrative law enforcement component of the Integrated Urban Management Administration can commission administrative sanctions in accordance with the law of its law-enforcement agencies.
Article 15. The administrative law enforcement component of integrated urban management should establish a system of administrative law enforcement responsibilities, a review of the vetting system, a rotational exchange system, and accountability for error.
The Government's rule of law institutions, the administrative law enforcement component of integrated urban management, and the relevant departments that undertake relatively focused administrative sanctions, should establish a system of information communication, coordination of work.
Article 16, after the relatively concentrated nature of the administrative penalties for urban management, the authorities and organizations concerned shall not exercise the administrative penalties that have been exercised by the integrated urban administration law enforcement authorities; administrative sanctions decisions are still in place.
Article 17 Administrative law enforcement in urban integrated management requires technical recognition or assistance in the investigation of violations, and the relevant sectors should help.
Following administrative penalties imposed by the urban Integrated Management Administration, the relevant sectors need assistance in implementation.
Article 18 Administrative law enforcement in urban integrated management should establish a system of conduct, establish rapid response and emergency response mechanisms, receive reports on urban management matters and should be processed as soon as possible.
The administrative law enforcement component of integrated urban management should establish a telephone reporting and be made available to society.
Article 19 Administrative law enforcement in urban integrated management should uphold justice and civilized law enforcement. Recturing the application of administrative penalties for violations should uphold the principles of synchronization, harmonization of penalties and education, and integration of law enforcement and services.
The Integrated Urban Management Administration Administration and its law enforcement officials should implement administrative sanctions in accordance with the National People's Republic of China Administrative Punishment Act and the relevant laws, regulations, regulations and regulations, in order to make it clear, substantiated, applied in accordance with the right, procedural legitimacy and appropriate treatment.
Article 20 governs the administration of integrated urban management when investigating violations, the executive branch of the administration is governed by law.
Article 21 Administrative law enforcement officials in urban integrated management shall be subject to a law enforcement mark; the investigation shall not be less than two persons in the event of an offence and present an administrative law enforcement certificate issued by the Government of the people of Angué province.
When administrative penalties are imposed by the Integrated Urban Management Administration and its law enforcement personnel, they must use a unified instrument of punishment.
The administrative enforcement component of integrated urban management imposes a fine on the perpetrator of the offence and shall impose a system of decriminalization; the property confiscated under the law shall be openly auctioned or processed in accordance with the State's relevant provisions. The treatment of fines and confiscates is fully financial.
In the event of an offence, the Administrative Enforcement Department of Urban Integrated Management found that the material, equipment, etc. used by the parties on the ground, were relevant to the offence, with the consent of the executive heads of the urban integrated management administration, could be registered before and processed within 7 days; and that the items, such as the equipment, should be returned to the parties without a decision within the specified period.
Article 23, which impedes the functioning of administrative law enforcement officials in urban integrated management by violence and threats, should be dealt with in a timely manner by public security authorities without civil disputes.
Article 24 provides that citizens, legal persons and other organizations do not concur with the specific administrative acts of the administrative law enforcement component of integrated urban management, which may apply for administrative review or administrative proceedings in accordance with the law.
Individuals, legal persons and other organizations do not agree with the specific administrative actions of the executive branch of the urban integrated management administration (markets, districts) to submit administrative review requests for approval by the executive branch of urban integrated urban management in the municipalities or areas of the commune government or establishment; specific administrative actions taken by the executive branch of the city administration of integrated urban management in the municipality of the no-professional zone, the submission of administrative review requests and the admission of the commune government.
Article 25 Administrative law enforcement and related sectors of urban integrated management violate article 16, 17, 18, 19, 21 of this approach by informing the Government of the people at this level of responsibility for abuse or negligence, and, in the light of the gravity of the circumstances, granting the executive disposition of the main heads of units in accordance with the law, which constitutes a crime and is criminalized by law.
In the course of administrative law enforcement, administrative law enforcement officials in urban integrated management have abused their functions,ys, negligence, infrastructural fraud or bribes, and are subject to administrative disposition by an exemption authority or administrative inspectorate in accordance with the law.
Persons who do not have legal enforcement qualifications are engaged in administrative enforcement activities for integrated urban management, which are corrected by law, and in serious circumstances are subject to administrative disposition by the dismissal or administrative inspection body.
Article 26 covers areas other than urban management and the area of excellence in the landscape, which are relatively focused on administrative sanctions.
Article 27 of this approach was implemented effective 1 August 2006.