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Nanchang City Administrative Power Of Relatively Concentrated Administrative Punishment Measures For The Implementation Of

Original Language Title: 南昌市城市管理相对集中行政处罚权实施办法

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(Adopted by Decree No. 106 of 29 November 2005 of the People's Government of Southch on 1 January 2006)

Chapter I General
In order to strengthen urban management, regulate administrative law enforcement in urban administration, improve the level and effectiveness of administrative law enforcement, protect the legitimate rights and interests of citizens, legal persons and other organizations, and develop this approach in line with the National People's Republic of China Administrative Punishment Act and the Government of the Southern Province.
Article II applies to urban management that is relatively concentrated in administrative penalties within the city area.
Article 3. The Urban Management Administrative Enforcement Authority is the administrative organ that focuses on the exercise of administrative penalties, approved by the Government of the Provincial People, responsible for the implementation of the scheme.
The Urban Administration Administration Administration and its sub-offices (hereinafter referred to as the Directorate of Law) exercise administrative penalties in accordance with their respective responsibilities and division of labour.
Article IV. The Urban Management Police Unit of the Municipal Public Security Bureau assists the Executive Directorate in the administration of urban administration, the maintenance of the administrative law enforcement order in urban administration, the destabilization of the law and the obstruction of the administration of urban administration.
Article 5 After the relative concentration of administrative penalties in urban management, the administrative authorities in the municipalities and districts concerned no longer exercise the administrative penalties that have been centrally exercised by the law enforcement authorities; administrative penalties are still in place.
The urban environment, planning, parking greenification, municipalities, environmental protection, business, public safety, human defence, housing, construction, civil affairs, and trade-related administrations should be aligned with the executive branch's work on urban management in a relatively centralized administrative sanction.
Article 6 Law enforcement authorities should strengthen education and training for law enforcement officials, implement administrative law enforcement responsibilities and review of the conduct of the examination, and continuously increase the level of administrative law enforcement.
Any unit and individual shall actively support the executive branch in carrying out its official duties and shall be entitled to stop and report violations of urban administration laws, regulations, regulations and regulations.
Chapter II
Article 8
(i) The exercise of the right to administrative punishment under the laws, regulations, 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 exercise of the administrative penalties set forth in the laws, regulations and regulations governing urban planning management;
(iii) Execution of the administrative penalties provided for in urban green management laws, regulations and regulations;
(iv) exercise of the right to administrative sanctions under the laws, regulations and regulations governing municipal administration;
(v) Execution of the administrative penalties for atmospheric, water, environmental noise and solid waste contamination under the laws, regulations and regulations governing environmental protection management;
(vi) The exercise of the right to administrative penalties for the conduct of business administration, in accordance with the laws, regulations, regulations and regulations governing the administration of business;
(vii) The exercise of the right to administrative sanctions under the laws, regulations, regulations and regulations governing the management of public safety, for the purpose of simulating the environment and for violations of the garage of human beings;
(viii) The exercise of the right to administrative sanctions under the laws, regulations, regulations and regulations governing the management of air conditioning;
(ix) The exercise of part of the administrative penalties provided for in the laws, regulations and regulations governing the management of housing, the management of property, the management of property, and the repair of the property;
(x) The exercise of the right to administrative penalties for unauthorized construction actions, as prescribed by law, regulations, regulations and regulations governing construction;
(xi) The exercise of the right to administrative punishment for the violation of the law, regulations, regulations and regulations governing civil affairs;
(xii) The exercise of administrative penalties for field-based blend actions under the laws, regulations, regulations and regulations for prefabricated solid management;
(xiii) Other responsibilities under provincial and municipal governments.
The specific offences referred to in the preceding paragraph are contained in the annex.
Article 9 Law enforcement officers (hereinafter referred to as law enforcement officials) may exercise the following powers under the law:
(i) Access to inspection units or on-site;
(ii) Access, referral or replication of information relating to inspection matters by the inspectorate;
(iii) Access to relevant evidence material through, inter alia, audio-visual recordings, videos;
(iv) Applying, seizure or registration of evidence to the tools, goods, documents and buildings involved in the offence;
(v) Administrative penalties;
(vi) Other mandates under laws, regulations and regulations.
Chapter III Law enforcement
Article 10. Law enforcement officials shall not be less than two persons in the exercise of their official duties and shall present administrative law enforcement certificates that have been compiled by the Provincial Government. The parties have the right to refuse inspection and punishment without the presentation of administrative law enforcement certificates or the presentation of an invalid administrative law enforcement certificate.
The execution of official duties by law enforcement officials should be avoided when they relate to their personal, close-family relations or other circumstances that may affect the fair implementation of their duties.
Article 11. When implementing administrative penalties, the law enforcement authorities should be responsible for the change of the parties or for the relocation of the time limit. No administrative penalties are imposed for minor offences and in a timely manner.
The law enforcement authorities may impose administrative penalties for the stricter penalties and shall not be consolidated or repeated fines for one of the parties in breach of the provisions of the two laws, regulations and regulations.
Article 12 imposes on citizens a fine of up to $50, for legal persons or other organizations, or for administrative penalties that are warnd, law enforcement officials may decide on the floor and complete the administrative sanctions decision in the scheduled format.
The administrative sanctions decisions taken by law enforcement officials at this point should be submitted in a timely manner to the law enforcement office.
In addition to the penalties imposed on the ground, the enforcement authorities should implement administrative sanctions, with a comprehensive, objective and impartial investigation and the collection of evidence. Following the investigation, the results of the investigation were reviewed by the head of the law enforcement office and administrative penalties should be imposed, administrative sanctions decisions should be taken, administrative sanctions decisions should be issued; administrative penalties for complex or significant violations should be given to the law enforcement authorities to discuss decisions collectively.
Article XIV shall inform the parties of the right to require hearing before a decision is made in accordance with the law to impose a fine of more than 500,000 dollars for offences committed by citizens not operating, legal persons or other organizations, and shall be organized for hearing.
In addition to the collection of fines in accordance with article 2, paragraph 2, the Directorate of Law and its law enforcement officials shall not collect their own fines.
In accordance with the law, a fine of up to 20 dollars or a failure to implement a fine after the collection of a fine, the law enforcement officer may collect a fine. When a fine has been collected, the parties should be given the payment of a fine collected by a uniformed fiscal department of the province; the right of the party to reject the payment of a fine is not granted by the provincial fiscal sector.
Article 16 requires technical recognition by the law enforcement authorities of cases of violations committed by the Office, and should be brought to the relevant administration or to the expert identification body.
Article 17 The law enforcement authorities are required to bring the relevant proceedings to the parties, and shall notify the relevant administrations in a timely manner and make administrative sanctions decisions upon the submission by the relevant administrative authorities of a written opinion that allows the parties to bring the relevant proceedings into line.
The executive branch shall make observations within five working days of receipt of the notice of the law enforcement office. The late submission of no observations was considered to be the subject matter of agreement with the parties.
Article 18 The enforcement authorities shall comply with the following provisions:
(i) In the execution of seizures, seizures, a list of names, types, specifications, quantities and degree of integrity of the property shall be drawn up and signed by the host and the parties, and a list shall be issued by the law enforcement authorities and the parties;
(ii) The duration of the seizure and seizure shall not exceed 30 days, with the approval by the head of the law enforcement office of 30 days, and the failure to take a decision within the prescribed period shall return the seizure and seizure of the property to the party;
(iii) The unit concerned may be entrusted with the custody of the seized and seized property and the maintenance fee is paid by the parties.
Article 19 requires the removal of buildings, constructions or facilities in conflict with the law enforcement authorities. Until such time, the demolition of houses is mandatory after the approval of the LDA People's Government, the demolition of agricultural homes and private houses, with the approval of the Government of the People's Government of the Lands in which the LA was reported; and the removal of houses is directly enforced by the Law Enforcement Authority.
The enforcement office is responsible for the imposition of mandatory demolitions by the parties or by way of the work.
Article 20 deadlines for the handling of cases by the Law Enforcement Bureau shall be taken within 15 days of the date of the case, with the exception of the penalties available, on the merits, doubts and complexity, and, with the approval of the head of the law enforcement office, the extension period shall not exceed 15 days.
Article 21 should establish a system of reporting of offences and confidential the reporting person. Violations reported to citizens, legal persons and other organizations should be promptly investigated by the law enforcement authorities.
Chapter IV Coordination and cooperation
Article II should establish and improve the joint mechanism, the liaison officer system, in collaboration with the relevant administration, and co-ordinate the administration of administrative law in urban areas.
Article 23 Administrative penalties decisions taken by the Law Enforcement Authority concerning the responsibilities of the administration sector should be sent within five working days to the relevant administration; specific administrative actions by the administration concerned, involving the responsibilities of the law enforcement agencies, should be taken within five working days.
Article 24 found that the offence was the responsibility of the administration concerned and should be communicated in a timely manner or transferred to the relevant administration; it was found that the administration concerned did not carry out its duties under the law and should be informed in a timely manner of the administration.
Article 25. With regard to the finding by the executive branch that the offence falls under the responsibility of the law enforcement office, it should be communicated in a timely manner or transferred to the law enforcement office; it was found that the law enforcement authorities were not penalized and that the feedback should be given to the law enforcement authorities in a timely manner.
With regard to the administration sector, it may be recommended that the law enforcement authorities organize specific law enforcement activities based on senior deployment and work needs.
Article 26 Law enforcement authorities should deal with administrative law enforcement disputes with the relevant administrations, which should be resolved in consultation; the consultations are incomplete and should be brought to the Government of the city in coordination.
Other provisions of chapter V
Article 27 is inconclusive to the administrative penalties imposed by the Municipal Administration of Urban Administration, which may be applied by law to the commune Government for administrative review or administrative proceedings directly to the People's Court of Justice; administrative penalties imposed by the municipal administration of the executive branch of the executive branch of the administration of the city may be imposed by law to the city administration of the executive branch or the municipality's Government for administrative review or administrative proceedings directly to the People's Court.
Article 28 prevents law enforcement officials from carrying out their duties in accordance with the law and is punishable by law by public security authorities; constitutes an offence and is criminally prosecuted by law.
Article 29 provides that any unit and person shall be entitled to report to the law enforcement office or its superior authorities the offences committed by law enforcement officials, and the law enforcement authority or its superior authorities shall be promptly checked as prescribed.
Article 33 Law enforcement officials favour private fraud, play negligence, abuse of their functions, are subject to administrative disposition by law and receive their administrative law enforcement certificates by the licensee in accordance with the law; constitute offences and hold criminal responsibility under the law.
Annex VI
Article 31 provides for the establishment of an administrative law enforcement system in accordance with the law.
Article 32 of this approach is implemented effective 1 January 2006. The Monitoring of Urban Construction in Southch City, issued by the Government of the People of the city on 7 June 1997, was also repealed.

Annex
I. Violations of all laws, regulations and regulations governing the management of sanitation in the city.
All violations of the laws, regulations and regulations governing urban planning.
All violations of urban green management laws, regulations and regulations.
All violations of the laws, regulations and regulations governing municipal administration.
All violations of the laws, regulations and regulations governing the management of the people's air defence.
Part of the violations of laws, regulations and regulations governing the management of environmental protection:
1) Emissions to water, dumping of industrial waste, urban garbage, or storage of solid waste in beach and slope in rivers, lakes, rivers, channels, water topwater routes;
2 Business units use solvent releases, dumping of sewerage or other wastes, or using intrusion, pit pitfalls, leading emissions containing toxic pollutants;
3. The enterprise unit uses wires, ponds, or other wastes that do not prevent leakage measures, or which are stored in the storage of sewage or other wastes containing vectors, or is used to prevent the transmission of leakage measures, ponds, or storage of wastewater containing toxic pollutants;
In the area of secondary protection of water surfaces, garbage, oil and other toxic hazardous items are established;
Emissions of environmental noise units refuse to inspect on site or to slacken leave when checked;
The construction units in the urban urban market area are concentrated in the area where the construction work is prohibited at night to produce environmental noise contamination;
The cultural recreation sites in operation have not taken effective measures by their operators to make their border noise more than the national standard of environmental noise emissions;
The use of air conditioners in business operations, the refrigeration of equipment, facilities that may cause environmental noise contamination, and their operators have failed to take measures to make their border noise more than the national standard of environmental noise emissions;
Because of the failure to take fire, fire-resistant measures, paints such as coal, coales, coal residues, coal, sands and grey areas are stored in the population concentration area;
Transfer of phase-out equipment to others;
Continued fuel use of high-pollutant fuels after the expiration of the time period specified by the local people's Government;
In urban areas, new coales are fuelled for heaters;
The production, importation or sale of lead-based gasoline has not been discontinued in accordance with the period specified by the State Department;
The transport, loading or storage of toxic toxic gases or dusts cannot be distributed without a sealing measure or other protective measures;
The operators of the urban catering services do not take effective pollution control measures, resulting in contamination of the residential environment of the nearby population;
In regions where population concentration and other areas requiring special protection under the law, the burning of paints, oil treasures, rubber, plastics, leathers, garbage and other substances that produce toxic harmful dust and heinous gases;
In the area of population concentration, the vicinity of the airport, the vicinity of the transport dry line, and the local people's delineation of the residues, lands, etc., the material causing smoke contamination is grave;
Building construction in urban areas or other activities that generate dust contamination, without effective sand control measures that cause atmospheric environmental contamination;
The surface of watersheds that have been altered and damaged by drinking water;
The urban catering service operators are fuelled by coal and wood-processing foods at open-air;
Twenty-one-size-fits-all paints or other operations for the distribution of atmospheric pollutant substances are concentrated on the population;
The catering services use a one-time cooking box, cup, video and food containers that are non-removable;
23 Indoor air conditioners installed at the local level, such as the building, the ladder, the export, or the installation of air conditioners along the road side, the floor was installed at less than 2.5 metres from the ground;
Scillary hygienic slides and anti-sex polluting operations with a population concentration;
Avian livestock breeding industry that affects the environment in the urban population concentration region;
The construction of wastewater directly into lakes in the urban area or with noise is not carried out at specified time;
Removal sewerage facilities are not connected to the municipal sewage network in services such as catering, vehicle cleansing, etc.
28. Urban catering services use raw coal to be burned or do not discharge cigarettes or dusts as prescribed;
Substantial emissions of industrial noise in the residential building are 29.
Part of the violations of the laws, regulations and regulations governing public safety:
1) In violation of road traffic safety laws, regulations and garage;
The use of high-profile broadcasters in urban urban urban areas is concentrated;
Activities in public places, such as streets, squares, parks, etc., in urban areas, organized recreational and assembly activities, and the use of audio-visual material has resulted in interference with the surrounding living environment;
No effective measures have been taken in the use of home-based electricity, beatings or other household recreational activities to send an environmental noise that seriously interferes with the lives of the inhabitants;
Indoor renovations that generate noise do not operate in accordance with prescribed time;
6 Voices generated by the proponents used by the customers exceeded the noise emission criteria;
Recreation sites located in the residential building, with no noise emissions exceeding the mark.
Part of the breach of laws, regulations and regulations in the administration of business:
There is no license to operate on the streets, on the residential neighbourhood or on the street.
Part of the violation of the laws, regulations and regulations governing property management:
1 Despite the lack of access to housing demolition permits, spontaneous evictions are carried out;
2: Designated public buildings and shared facilities in the area of management of the artisanal change industry;
3 Excellencies, exhumation industries administer roads and sites in the region and undermine the common interests of the owners;
Separate use of consortium and co-located facilities is carried out;
5) Privately established by the Property Management Corporation to modify the use of property and public-use facilities;
6) Accompanies of public space due to the intrusive exercise in a residential room, which damage the public office and facilities;
The undeclared registration of the breadwinner in the residential room;
8 Removal of rooms without water requirements or positive wings into health, kitchen homes, or the removal of ricks, concrete walls connected to the positive wing;
The damage to the original housing facility or the reduction of the effectiveness of the festivals;
Tens. Removals for heating, fuel pipelines and facilities;
The design programme has been developed without the design units or the design units with a corresponding level of qualifications, with the authorization to exceed the design criteria or to regulate the increase in the basement;
With no approval by the urban planning administrative authorities, buildings, constructions are installed in the house's dressing activities, or self-removal of the outside of the home, Windows on the non-exclusive wall;
Once again, an act in breach of the provisions of the dressing is not reported to the relevant sector in a timely manner by the body concerned.
The demolitions were not allowed to block the demolitions.
Part of the violations of the laws, regulations and regulations governing construction:
The construction unit has not been granted a construction licence or a start-up report without authorization for self- construction;
The construction is carried out in connection with the construction of the construction subject or the restructuring of the structure.
Part of the violations of the laws, regulations and regulations governing civil affairs:
1) Constraints in public places, suffrages, became trajectorys, or beatings, burys, cemeteries, axes, or beds and water.
Part of the law, regulations and regulations that violate the prefabricant management:
The construction project, which should be used in accordance with the provisions, should not be approved as a result of the construction field.