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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(November 21, 2005, Nanchang city people's Government at the 38th Executive meeting on November 29, 2005 106th Nanchang city people's Government promulgated as of January 1, 2006) Chapter I General provisions article in order to strengthen urban management and standardize administration and improve the level and effectiveness of law enforcement, protecting the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China Law on administrative punishment and the Jiangxi provincial people's Government
    Nanchang city, on consent, to carry out relative-centralized administrative punishment right of reply, combined with the city's actual, these measures are formulated.
    Article within the scope of this regulation is applicable in the city relatively centralized administrative punishment right in urban management.
    Article City urban administrative enforcement Bureau according to law by the provincial government approved the establishment of centralized exercise of administrative authority of administrative penalty, responsible for organization and implementation of the measures.
    City urban administrative enforcement Bureau and its branches (hereinafter referred to as law enforcement Council) in accordance with their respective responsibilities and Division, respectively, on behalf of the Bureau, the Bureau's exercise of administrative punishment right.
    Fourth municipal Public Security Bureau police detachment to assist urban management enforcement Bureau of city administration, urban management of administrative enforcement of law and order, to investigate and punish disrupt, impede the work of the city administration illegal.
    Article fifth after relatively concentrated administrative punishment right for urban management, municipal and district administration no longer exercised by the law enforcement agency relating to the centralized exercise of administrative punishment right; still, the administrative decision is invalid.
    Environment, planning, landscaping, urban, environmental, industry and commerce, public security, civil defense, real estate, construction, civil, trade and economic administrative departments shall cooperate with the law enforcement Bureau of city management power of relatively concentrated administrative punishment.
    Sixth law enforcement Council should strengthen the education and training of law enforcement personnel, administrative law enforcement responsibility system and evaluation system, and continuously improve the level of administrative law enforcement.
    Seventh article of any units and individuals shall actively support the law enforcement mission, and to deter and report violations of city management laws, regulations, rules of behavior. Second chapter duties eighth article law enforcement Council of main duties is: (a) exercise city sanitation management aspects legal, and regulations, and regulations provides of administrative punishment right, forced demolition not meet city looks standard, and sanitation standard of buildings or facilities; (ii) exercise city planning management aspects legal, and regulations, and regulations provides of administrative punishment right; (three) exercise City Green management aspects legal, and regulations, and regulations provides of administrative punishment right; (four) exercise municipal management aspects legal, and regulations, and regulations provides of administrative punishment right ; (Five) exercise environmental protection management aspects legal, and regulations, and regulations provides of on atmosphere, and water, and environment noise, and solid waste pollution of part administrative punishment right; (six) exercise business administration aspects legal, and regulations, and regulations provides of on no as stall presence, and flow business behavior of administrative punishment right; (seven) exercise police management aspects legal, and regulations, and regulations provides of on environment noise pollution and illegal in sidewalk parking behavior of administrative punishment right; (eight) exercise people air defense management aspects legal, and regulations, and Regulations provides of administrative punishment right; (nine) exercise property management aspects legal, and regulations, and regulations provides of on housing demolition, and property management, and housing decoration violations of part administrative punishment right; (10) exercise construction management aspects legal, and regulations, and regulations provides of on unauthorized construction behavior of administrative punishment right; (11) exercise home management aspects legal, and regulations, and regulations provides of on illegal in public funeral behavior of administrative punishment right; (12) exercise pre mix concrete management aspects legal, and regulations, and
    Rules and regulations on the spot mixed concrete acts of administrative punishment right (13) perform other duties stipulated by provincial and municipal people's Governments.
    The specific violations of the provisions of the preceding paragraph, see annex. Nineth article law enforcement Council law enforcement personnel (following referred to law enforcement personnel) implementation corporate Shi, can law exercise following power: (a) into was check units or site for check; (ii) check out, and access or copy was check units and check matters about of information; (three) used recording, and recorded (as) like, means made about evidence material; (four) on violations by involved of tool, and items, and documents and buildings, and structures be seized, and seized or on evidence for registration save; (five) implementation administrative punishment
    (Vi) other functions and powers provided by laws, rules and regulations. Chapter law enforcement article tenth law enforcement officer in the execution of official duties shall be not less than two persons, and shall show the provincial government printed certificate of administrative law enforcement.
    Do not show or production of administrative enforcement of invalid administrative law enforcement certificate, the parties have the right to refuse the inspection and penalties.
    Law enforcement personnel carrying out their duties concerning himself, whenever I close relative interest or other circumstances that may affect the impartiality of official time, should be avoided. 11th law enforcement department has implemented administrative punishment, it shall order the parties to correct or rectify violations.
    Slightly and correct the violations committed, caused no harmful consequences, no administrative penalties.
    A violation on the parties for more than two legal provisions, rules and regulations, and they should be given a fine of, enforcement penalties may apply administrative penalties heavier terms, may not be consolidated or repeated fines.
    12th below 50 for citizens, legal person or other organization fined 1000 Yuan fine or warning of an administrative punishment, law enforcement officials can decide on the spot, and fill out the order form administrative punishment decision letter delivery party.
    Law enforcement personnel the decision on administrative penalty made on the spot shall be promptly reported to law enforcement records. Article 13th punishment on the spot, but enforcement administrative punishments should be comprehensive, objective and fair investigations, collect evidence.
    Following the end of investigations by law enforcement authorities to review the findings, should indeed be given administrative punishment, and shall make a decision of administrative penalty, issued a written decision of administrative penalty; for complicated or serious violations of administrative punishments, enforcement should be decided collectively.
    Article 14th order to suspend, revoke a permit or license, for non-business activities in civil violation punishable by more than 500 Yuan, legal person or other organization offence punishable by more than 5000 Yuan fine for offences punishable by more than 20,000 yuan in fines from operating activities before a big decision on administrative penalty, it shall inform the party concerned has the right to request a hearing; the parties to request a hearing, shall organize the hearing.
    Article 15th except in accordance with the provisions of the second paragraph of this article to collect fines on the spot, but law enforcement and law enforcement officers are permitted to own fines. Shall be subject to 20 Yuan fine or does not collect fines on the spot is difficult to enforce, enforcement officers to collect fines on the spot.
    To collect fines on the spot shall be issued by the provincial financial Department to a client issuing receipts; not issued by the provincial financial Department issued receipts, parties have the right to refuse to pay the fine.
    16th Bureau of law enforcement to investigate and deal with cases of illegal technical identification of needs, should be brought to the relevant administrative departments or professional accreditation bodies identified.
    17th enforcement to investigate and deal with illegal cases need to order the party to go through the relevant formalities, shall promptly notify the relevant administrative departments, by allowing the parties to go through the relevant formalities to the relevant administrative department written comments, before making the decision on administrative penalty. Relevant administrative departments shall within 5 working days of receiving notification of enforcement for comments.
    Fails to put forward their views, as agreed with the party to go through the relevant formalities. 18th article law enforcement Council implementation forced measures Shi, should comply with following provides: (a) implementation seized, and seized Shi, should making listing, stated property of name, and type, and specifications, and number and intact degree,, by hosted people and party signature or sealed, listing by law enforcement Council and party the practice a copies; (ii) seized, and seized of term shall not over 30th, special situation by law enforcement Council head approved can extended 30th, not in provides of term within made processing decided of, should will seized, and
    Seized property returned by the parties; (c) the deposited can unit is sealed up or seized property, custody fees paid by the parties. Article 19th of illegal buildings, structures or facilities that need to be removed, enforcement shall be ordered to dismantle the parties.
    Fails to dismantle, has completed, or has been put into use, houses torn down after approved by the enforcement Directorate submitted to the municipal people's Government, rural houses, private law enforcement Council housing district people's Government approval of torn; under construction, by the direct force of law enforcement dismantle.
    Enforcement, mandatory demolition costs borne by the parties or to work.
    Article 20th law enforcement Bureau of the period, apart from punishment on the spot, shall make a decision in the 15th from the date of filing; significant, difficult and complex case, approved by the head of the enforcement Directorate, can be appropriate to extend the deadline, but extended periods of not more than 15th. Article 21st enforcement violation reporting system should be established, and the informer confidential.
    Citizens, legal persons and other organizations to report violations, enforcement should be investigated in a timely manner.
    The fourth chapter article 22nd law enforcement coordination and collaboration between the relevant administrative departments should establish and improve the system of systems, a liaison officer of the joint, mutual coordination, joint city administration and law enforcement.
    Article 23rd law enforcement of administrative penalty decisions made, involving relevant administrative departments, copied to the relevant administrative departments shall, within 5 working days; specific administrative act to the relevant administrative departments, involving law enforcement duties, and copied to the enforcement agency shall, within 5 working days. 24th enforcement finds violations under the relevant administrative departments should be informed in a timely manner or transferred to the relevant administrative departments discover relevant administrative departments for failing to perform their duties, shall inform the relevant administrative departments.

    25th on the administration duties of the law enforcement services Bureau finds violations, shall be informed in a timely manner or transferred to the enforcement process; enforcement penalties found inappropriate, and should be timely feedback to an enforcement agency.
    Parent deployed, as well as by the relevant administrative departments can work, it is recommended that law enforcement organization activities, law enforcement agency shall cooperate.
    Article 26th law enforcement Bureau and the relevant administrative departments administrative disputes should be settled through consultation, should be brought to the municipal coordination.
    Fifth chapter other provides 27th article party on city city management administrative law enforcement Council made of administrative punishment decided refuses to of, can law to City Government application administrative reconsideration, also can law directly to court filed administrative litigation; on city city management administrative law enforcement Council belongs Branch made of administrative punishment decided refuses to of, can law to city city management administrative law enforcement Council or city government application administrative reconsideration, also can law directly to court filed administrative litigation.
    28th hinder law enforcement personnel performing official business according to law, the public security organs in accordance with the punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 29th of any unit and individual have the right to law enforcement or the competent departments to report violations of law enforcement personnel, law enforcement authority or the competent Department shall promptly investigate.
    Article 30th engages in law enforcement personnel in law enforcement, dereliction of duty and abuse of power, shall be given administrative punishments, and certificate issuing authorities shall collect the administrative law enforcement constitutes a crime, criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles article 31st City urban administrative enforcement Bureau can formulate administration law enforcement system. 32nd article this way come into force on January 1, 2006.

    Nanchang, June 7, 1997 issued by the Municipal Government of the city construction management and supervision regulations (municipal order 52nd) repealed simultaneously.
    Annex: the relatively centralized administrative punishment right in urban management relates to the specific violations, violations of city appearance and environmental sanitation administration of all laws, rules and regulations.
    Second, contrary to urban planning and management laws, regulations, and rules all.
    Third, contrary to urban green management laws, regulations, and rules all.
    Four, violations of municipal administration of all laws, rules and regulations.
    Five, violation of civil air defense management laws, regulations, and rules all. Six, and violation environmental protection management aspects legal, and regulations, and regulations of part behavior: 1, and to water emissions, and dumping industrial waste, and city life garbage, or in rivers, and Lake, and Canal, and channel, and reservoir highest level line following of beach and Bank slope storage solid waste; 2, and Enterprise institutions using cave emissions, and dumping containing disease original body of sewage or other waste, or using into seepage wells pits, and sink, and fractured emissions containing toxic pollutants of wastewater; 3, and Enterprise institutions using no prevent leakage measures of ditches, and Pit Tang, conveying or storage containing disease original body of sewage or other waste, or using no prevent leakage measures of ditches, and pit Tang, conveying or storage containing toxic pollutants of wastewater; 4, and in life drinking water surface water two level reserves within, established handling garbage, and oil class and the other toxic harmful items Terminal; 5, and emissions environment noise of units refused to site check or in was check Shi fraud; 6, and building construction units in city urban noise sensitive buildings concentrated regional within, Night for ban for of produced environment noise pollution of building construction job; 7, and business in the of culture entertainment, its business managers not take effective measures, makes its border noise over national provides of environment noise emissions standard; 8, and in commercial business activities in the using air conditioner, and cooling tower, may produced environment noise pollution of equipment, and facilities, its business managers not take measures, makes its border noise over national provides of environment noise emissions standard; 9, and not take anti-burning, and dust measures, In population concentrated area store coal, and gangue, and cinder, and ash, and gravel, and dust, material; 10, and will eliminated of equipment transfer to others using; 11, and in local government provides of term expires Hou continues to burning with high pollution fuel; 12, and in city concentrated heating tube network cover area new coal-fired heating boiler; 13, and not according to State provides of term stop production, and imports or sales containing lead gasoline; 14, and not take closed measures or other protection measures transport, and Handling or storage can distributed toxic harmful gas or dust of material; 15, and city diet services of operators not take effective pollution control measures, led emissions of fume on near residents of live environment caused pollution; 16, and in population concentrated area and other law need special protection of regional within, burning asphalt, and linoleum, and rubber, and plastic, and leather, and garbage and other produced toxic harmful dust and stench gas of material; 17, and in population concentrated area, and airport around, and Traffic route near and local government delineation of regional within open burning straw, and leaves, produced dust pollution of material, plot serious of; 18, and in city urban for construction construction or engaged in other produced Yang dust pollution of activities, not take effective Yang dust control measures, led atmosphere environment by pollution; 19, and unauthorized change, and damaged life drinking water surface water reserves logo; 20, and city diet services operators in open burning with coal, and wood processing food; 21, and In population concentrated to engaged in business sex of open painting or other distributed air pollution real of job; 22, and diet services using not degradation of one-time boxes, and Cup, and disc, and Bowl, food container; 23, and in buildings internal of aisle, and stairs, and export, public place installation air conditioner of outdoor machine or along road sides building installation air conditioner of outdoor machine, its installation frame bottom from ground of distance below 2.5 meters; 24, and In population concentrated to engaged in business sex of produced light pollution of open welding and produced noise pollution of cutting job; 25, and in city population concentrated regional engaged in effect around environment of animal aquaculture; 26, and wastewater directly row into City Lake or produced noise of building construction not by provides time job; 27, and in has municipal sewage tube network at set up of diet, and vehicles cleaning, services, its emissions sewage facilities not and municipal sewage tube network connected received; 28, and
    City catering services using coal burning dust, exhaust gas emitted or not according to stipulations; 29, located in the residential building industry noise emission standard. Seven, and violation police management aspects legal, and regulations, and regulations of part behavior: 1, and violation road traffic security legal, and regulations in sidewalk parking; 2, and in city urban noise sensitive buildings concentrated regional within using treble broadcast Horn; 3, and in city urban street, and square, and Park, public organization entertainment, and rally, activities, using of audio equipment produced interference around life environment of had big volume; 4, and using household appliances, and instruments or for other family indoor entertainment activities Shi, not take effective measures,
    Critical environmental noise disturbing residents living around 5, noise Interior in accordance with the provisions of the job; 6, touting the use of audio equipment exceeding the volume of noise emission standards; 7, located in residential buildings within the Casino, noise emission standard.
    Eight, violation of industrial and commercial administration as part of laws, rules and regulations: 1 without a license without authorization in the streets, neighborhoods set up stall or street level mobile business. Nine, and violation property management aspects legal, and regulations, and regulations of part behavior: 1, and not made housing demolition license, unauthorized implementation demolition; 2, and unauthorized change property management regional within according to planning construction of public building and total with facilities uses; 3, and unauthorized occupied, and mining property management regional within road, and site, damage owners common interests; 4, and unauthorized using property total with parts, and total with facilities equipment for business; 5, and property management company private take mess built, change real estate and public facilities uses; 6, and Decoration people for residential indoor decorative decoration activities occupation public space, on public parts and facilities caused damage; 7, and decoration people not declared registration for residential indoor decorative decoration activities; 8, and will no waterproof requirements of room or balcony to bathroom, and kitchen, or demolition connection balcony of brick, and concrete wall body; 9, and damaged housing original energy-saving facilities or reduced energy-saving effect; 10, and unauthorized demolition heating, and gas pipeline and facilities; 11, and Without original design units or has corresponding qualification grade of design units proposed design programme, unauthorized over design standard or specification increased floor surface load contains; 12, and without city planning administrative competent sector approved, in residential indoor decorative decoration activities in the built buildings, and structures, or unauthorized change residential outside State surface, and in non-bearing outside wall Shang door, and window; 13, and property management units found decoration people or decorative decoration Enterprise violation decoration decorative provides of behavior not timely to about sector report; 14, and
    Demolish the wall is not in accordance with the regulations on demolition sites set.
    Ten and violate construction management law, rules and regulations as part of: 1, construction began without a construction permit or reporting unauthorized construction; 2, involving the renovation of the main building or structure changes unauthorized construction.
    Third, breach of the civil administration as part of laws, rules and regulations: 1, built lingpeng in a public place, equipment, parking remains wreath pull Zhang, or funeral home, crematory, cemetery, columbarium other than playing funeral music, or pendulum luji, out of the water.
                                                                                                                          12, violation of ready-mixed concrete management laws, regulations and rules as part of a: 1, in accordance with regulations should use a ready-mixed concrete construction projects without approval on the spot mixed concrete for construction.

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