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Shanghai Urban Management Of Shanghai Municipal People's Government On The Revision Of The Interim Measures For The Power Of Relatively Concentrated Administrative Punishment Decision

Original Language Title: 上海市人民政府关于修改《上海市城市管理相对集中行政处罚权暂行办法》的决定

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(The 57th ordinary meeting of the Shanghai People's Government, held on 22 November 2004, considered the adoption of Decree No. 41 of 27 June 2005 on the People's Government Order No. 41 of the Shanghai City, effective 1 August 2005)

The Government of the city has decided to amend the provisional approach to urban management in the Shanghai City, which is relatively focused on administrative penalties, as follows:
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The Shanghai City Construction and Transport Commission is responsible for the integrated coordination of urban management in relation to the concentration of administrative sanctions, as well as the drafting and development of relevant comprehensive policies.
The Administrative Enforcement Bureau for Urban Management in the Shanghai City (hereinafter referred to as the Urban Administration Authority) is the administrative body responsible for the relatively centralized administrative penalties for urban management throughout the city. The top-level urban management enforcement team, affiliated with the municipal administration, was entrusted with the specific services of urban management that were relatively focused on administrative penalties.
The integrated urban administration of district municipalities (hereinafter referred to as the district urban administration sector) exercises relatively centralized administrative penalties within the territory, in accordance with their competence under this approach, and is subject to operational guidance and supervision by the municipal authorities.
The executive branch, such as construction, urban congestion of sanitation, municipal works, greenification, water, environmental protection, public safety, business, premises resources and planning, should be aligned with the urban administration, and the district urban administration authorities in order to focus administrative sanctions.
ii. Increase a article as a division of competence in the law enforcement sector in the city and district municipalities:
The City Law Enforcement Bureau is responsible for investigating offences in the following cases:
(i) There is a significant impact on the entire city;
(ii) In relation to the city's river;
(iii) There is a need for a centralized approach;
(iv) Legal, regulatory and regulatory provisions should be the responsibility of the municipal administration.
The law enforcement department in the district city is responsible for the investigation of the offences committed within this jurisdiction. Two or more district enforcement authorities have disputed their functions in the investigation of offences and are determined by the municipal authorities. In cases where the law enforcement authorities should be inspected by the district municipalities, the district administration authorities have not been inspected, and the municipal law enforcement authorities may be responsible for their investigations or are directly checked.
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The municipal and district municipalities are governed by regulations, regulations and regulations governing the management of sanitation in accordance with the provisions of the laws, regulations and regulations governing the administration of administrative sanctions for violations of the management of the urban environment.
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The municipal and district administration authorities exercise administrative penalties for violations of the following offences under the management of rivers, in accordance with the provisions of the laws, regulations and regulations governing water administration:
(i) dumping of waste and living garbage, manure, such as industry, agriculture, construction;
(ii) The laundering of vehicles, containers containing oil or toxic pollutant substances;
(iii) The construction of houses, buildings such as squatters or constructions.
V. Article 10 should be replaced with Article 11 and amend the second and fifth respectively:
(ii) The environment of pollution, such as road transport, swingfield operations;
(v) Unauthorized or not authorized for night construction, causing noise contamination;
Article 12 was replaced with Article 13 and amended to read as follows:
The municipal and district administration authorities exercise administrative penalties for offences that are not subject to the operation of roads or are illegally distributed, posting printed advertisements, in accordance with the provisions of laws, regulations and regulations governing business management.
Article 14 was replaced with article 15 and amended to read as follows:
The municipal and district administration authorities exercise administrative penalties for the following offences in the area of property management, in accordance with the provisions of laws, regulations and regulations governing property management:
(i) The construction of buildings, constructions, etc. in public greenization, roads or other sites;
(ii) The destruction of homes.
Article 16 should be replaced with Article 17 (Option of unlawful buildings) and amend paragraphs 1, 4 respectively:
In accordance with this approach, the municipal and district administration authorities should conduct evidence and determinations in accordance with the provisions of this scheme and take decisions to remove deadlines.
With regard to the construction of buildings, constructions and construction, the law enforcement authorities in the city and district municipalities should be responsible for the immediate cessation of construction and the removal of deadlines. The parties refused to stop the construction or to refuse to dismantle it within the time limit, and the municipal and district administration authorities could be removed or removed immediately. The cost of being removed is borne by the parties.
Article 19 was replaced with article 18 and amended to read as follows:
The management concerned has found that the suspected violation of the law enforcement authorities in the city and district municipalities should be handled in a timely manner by the municipal and district administration authorities. The municipal and district municipalities' administrations authorities have found that the alleged offences that go beyond the scope of their duties are covered in the oversight activities and should be transferred to the relevant management in a timely manner.
There is no justification for the administration and the municipal and district administration authorities to refuse to accept the transfer of cases to the sector and to communicate the transfer sector in a timely manner after the decision is taken.
Article 21 was replaced with article 22 and amended to read as follows:
The denial, obstruction of the functioning of administrative law enforcement officials in urban management, the absence of violence, threats, and the punishment of public security authorities in accordance with the Regulations on the Safety and Security of the People's Republic of China; the use of violence, threats constitute crimes, and criminal responsibility under the law.
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The parties' specific administrative acts against the communes can apply to the Government of the People of the Republic of China, in accordance with the provisions of the National People's Republic of China's Administrative Review Act, or directly to the People's Court in accordance with the provisions of the National People's Republic of China Administrative Procedure Act.
Specific administrative actions taken by the parties against the law enforcement authorities in the district city can be applied to the Government of the People of the District or the municipal administration in accordance with the provisions of the National People's Republic of China Administrative Review Act, or directly to the People's Court in accordance with the provisions of the National People's Republic of China Administrative Procedure Act.
Other amendments
In Article IV, the “Parea Town Major” has been amended to read “The Urban City Law Enforcement Authority, the district and district administration authorities” (hereinafter referred to as the municipal and district administration authorities). In articles 5 to 20, the “Phyacehouses in the city” has been amended to read “The law enforcement sector in urban and district cities”.
In Article 5, the district executive branch was amended to read “the city and district administration”. Article 16, paragraph 3, amends the “Pace of the District” as “The Government of the People of the City and District”. In Article 20, the “zonal-related administration sector” has been amended to read as follows:
In article 18, the term “extreme penalty” was amended to read “the stricter penalties”.
In article 22, the Urban Management Inspector had been amended to read “Leal and district municipalities and their administrative law enforcement personnel”.
In addition, in accordance with this decision, the order of parts and provisions is adjusted accordingly.
This decision has been implemented effective 1 August 2005. The provisional approach to urban management in the Shanghai City, which is relatively focused on administrative penalties, is released in accordance with this decision.

Annex: Provisional approach to urban management relative to the concentration of administrative penalties (amended in 2005)
(Act No. 17 of the Supreme People's Government Order No. 17 of 5 January 2004 on the amendment to the Decision of the Government of the Shanghai City of 27 June 2005 on the revision of the provisional approach to administrative punishment relative to urban management in the Shanghai City)
Article 1
In order to strengthen urban management and enhance the effectiveness of administrative enforcement in urban management, this approach has been developed in line with the National People's Republic of China's Administrative Punishment Act and the State Department's Decision on the further focus on administrative penalties, as well as relevant legal, regulatory provisions.
Article 2
The application of this approach is applied in urban management within the city's administration, which is relatively concentrated in administrative penalties and in the exercise of administrative coercive and administrative inspections relating to the right to administrative sanctions (hereinafter referred to as administrative penalties).
Article 3
The Shanghai City Construction and Transport Commission is responsible for the integrated coordination of urban management in relation to the concentration of administrative sanctions, as well as the drafting and development of relevant comprehensive policies.
The Administrative Enforcement Bureau for Urban Management in the Shanghai City (hereinafter referred to as the Urban Administration Authority) is the administrative body responsible for the relatively centralized administrative penalties for urban management throughout the city. The top-level urban management enforcement team, affiliated with the municipal administration, was entrusted with the specific services of urban management that were relatively focused on administrative penalties.
The integrated urban administration of district municipalities (hereinafter referred to as the district urban administration sector) exercises relatively centralized administrative penalties within the territory, in accordance with their competence under this approach, and is subject to operational guidance and supervision by the municipal authorities.
The executive branch, such as construction, urban congestion of sanitation, municipal works, greenification, water, environmental protection, public safety, business, premises resources and planning, should be aligned with the urban administration, and the district urban administration authorities in order to focus administrative sanctions.
Article IV
The following functions are performed by the Municipal Law Enforcement Authority, the district and district administration authorities (hereinafter referred to as the municipal and district administration authorities):
(i) The right to administrative punishment by municipal and district administration authorities and laws, regulations and regulations governing the management of sanitation;
(ii) The administration of municipal works, green management, water administration, environmental protection management, public safety transport management, business management, construction management, property management and urban planning management, which provide for some administrative penalties exercised by organizations authorized by municipal and district administrations and regulations;
(iii) The right to administrative punishment in other areas specified by the Government of the city.
Article 5
The City Law Enforcement Bureau is responsible for investigating offences in the following cases:
(i) There is a significant impact on the entire city;
(ii) In relation to the city's river;
(iii) There is a need for a centralized approach;
(iv) Legal, regulatory and regulatory provisions should be the responsibility of the municipal administration.
The law enforcement department in the district city is responsible for the investigation of the offences committed within this jurisdiction. Two or more district enforcement authorities have disputed their functions in the investigation of offences and are determined by the municipal authorities. In cases where the law enforcement authorities should be inspected by the district municipalities, the district administration authorities have not been inspected, and the municipal law enforcement authorities may be responsible for their investigations or are directly checked.
Article 6
After relatively concentrated urban management of administrative penalties, the relevant municipal and district administrations and legal, regulatory and regulatory authorities shall not exercise the administrative penalties that have been centrally exercised by the municipal and district administration authorities; administrative sanctions decisions are still in place.
Article 7
The municipal and district municipalities are governed by regulations, regulations and regulations governing the management of sanitation in accordance with the provisions of the laws, regulations and regulations governing the administration of administrative sanctions for violations of the management of the urban environment.
Article 8
The municipal and district municipalities are governed by the provisions of the laws, regulations and regulations governing the management of municipal works, exercising administrative penalties for violations of the city's roads (including roads in urban areas), bridges and their subsidiary facilities.
Article 9
The municipal and district administration authorities exercise administrative penalties for offences other than archaeological trees and greening, in accordance with the provisions of the green management laws, regulations and regulations.
Article 10 (water management)
The municipal and district administration authorities exercise administrative penalties for violations of the following offences under the management of rivers, in accordance with the provisions of the laws, regulations and regulations governing water administration:
(i) dumping of waste and living garbage, manure, such as industry, agriculture, construction;
(ii) The laundering of vehicles, containers containing oil or toxic pollutant substances;
(iii) The construction of houses, buildings such as squatters or constructions.
Article 11 (Environmental protection management)
In accordance with the provisions of laws, regulations and regulations governing the management of environmental protection, the municipal and district administration authorities exercise administrative penalties for offences that are not subject to the test of the instrument:
(i) The burning of substances causing toxic harmful fumes and heinous gases in non-designated areas;
(ii) The environment of pollution, such as road transport, swingfield operations;
(iii) Distinguished or distributing industrial residues or other solid wastes during the handling, transport process;
(iv) In violation of the relevant provisions of the installation of air conditioners, refrigeration facilities, which affect the environment and the lives of others;
(v) Unauthorized or not authorized for night construction, causing noise contamination;
(vi) Materials that generate smoking contamination in areas of population concentration, vicinity of airports and near transport dry lines.
Article 12
The municipal and district municipalities are governed by administrative penalties for offences committed by unauthorized and composted roads, in accordance with the provisions of laws, regulations and regulations governing the management of public safety transport.
Article 13
The municipal and district administration authorities exercise administrative penalties for offences that are not subject to the operation of roads or are illegally distributed, posting printed advertisements, in accordance with the provisions of laws, regulations and regulations governing business management.
Article 14.
The municipal and district administration authorities exercise administrative penalties for violations of damage, unauthorized access to facilities or changing accessibility facilities, in accordance with the provisions of legislation, regulations and regulations governing the construction of management.
Article 15
The municipal and district administration authorities exercise administrative penalties for the following offences in the area of property management, in accordance with the provisions of laws, regulations and regulations governing property management:
(i) The construction of buildings, constructions, etc. in public greenization, roads or other sites;
(ii) The destruction of homes.
Article 16
The municipal and district municipalities are governed by the provisions of the laws, regulations and regulations governing urban planning management, exercising administrative penalties for unauthorized construction of buildings and constructions that impede public safety, public health, urban transport and urban poles.
Article 17
In accordance with this approach, the municipal and district administration authorities should conduct evidence and determinations in accordance with the provisions of this scheme and take decisions to remove deadlines.
The decision of the municipal and district administration authorities to impose a duty on the parties to dismantle the illegal buildings should be taken in writing and sent to the parties; the difficulty of identifying or centrally assembled illegal buildings, and the law enforcement authorities in the city and district municipalities can use the notice form.
The parties lately refused to comply with the decision to dismantle the illegal construction, and the municipal and district administration authorities could apply to the municipalities and district governments for the organization of forced demolitions. The Government of the urban and district communities should issue a notice until 10 years of the illegal construction of a centralized photo or the forced removal of other illegal buildings.
With regard to the construction of buildings, constructions and construction, the law enforcement authorities in the city and district municipalities should be responsible for the immediate cessation of construction and the removal of deadlines. The parties refused to stop the construction or to refuse to dismantle it within the time limit, and the municipal and district administration authorities could be removed or removed immediately. The cost of being removed is borne by the parties.
Article 18 (Designment of cases)
The management concerned has found that the suspected violation of the law enforcement authorities in the city and district municipalities should be handled in a timely manner by the municipal and district administration authorities. The municipal and district municipalities' administrations authorities have found that the alleged offences that go beyond the scope of their duties are covered in the oversight activities and should be transferred to the relevant management in a timely manner.
There is no justification for the administration and the municipal and district administration authorities to refuse to accept the transfer of cases to the sector and to communicate the transfer sector in a timely manner after the decision is taken.
Article 19
The law enforcement authorities in municipal and district municipalities should establish a system of reporting of offences and confidential the reporting person.
Violations reported to citizens, legal persons or other organizations, within the scope of their duties, the law enforcement authorities in the city and district municipalities should be promptly checked; outside the scope of their duties, the municipal and district administrations should be transferred to the relevant management. The authorities in the municipalities and district municipalities should inform the reportingers of the investigation or transfer.
Article 20
When administrative penalties are imposed by the municipal and district administration authorities, the parties should be responsible for recturing or deporting the offence. A minor and timely remedy to the circumstances of the violation did not result in the consequences of the harm and would not be subject to administrative sanctions.
An act of a party is in violation of the provisions of more than two laws, regulations and regulations, and should be fined, and the municipal and district administration authorities may impose administrative penalties for the application of the stricter penalties and shall not be consolidated or repeated.
Article 21
Information on administrative penalties and administrative licences related to urban management is shared among the municipal and district administration authorities, such as construction, urban sanitation, municipal engineering, greenification, water, environmental protection, public safety, business, premises resources and planning.
Article 22 (Lure, legal responsibility for obstructing enforcement)
The denial, obstruction of the functioning of administrative law enforcement officials in urban management, the absence of violence, threats, and the punishment of public security authorities in accordance with the Regulations on the Safety and Security of the People's Republic of China; the use of violence, threats constitute crimes, and criminal responsibility under the law.
Article 23 (Central prosecution of perpetrators of violations)
The law enforcement authorities and their administrative law enforcement officials should be vested in the city and district municipalities. Criminal accountability is provided by law to abuse of authority, toys negligence, to provocative fraud, to be subject to bribery.
Article 24 (Review or litigation)
The parties' specific administrative acts against the communes can apply to the Government of the People of the Republic of China, in accordance with the provisions of the National People's Republic of China's Administrative Review Act, or directly to the People's Court in accordance with the provisions of the National People's Republic of China Administrative Procedure Act.
Specific administrative actions taken by the parties against the law enforcement authorities in the district city can be applied to the Government of the People of the District or the municipal administration in accordance with the provisions of the National People's Republic of China Administrative Review Act, or directly to the People's Court in accordance with the provisions of the National People's Republic of China Administrative Procedure Act.
Article 25
This approach has been implemented effective 1 February 2004. The provisional provisions on the administration of justice in the cities of the Shanghai City, issued by the Government of the Shanghai City on 20 September 2000, were also repealed.