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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(November 22, 2004 Shanghai City Government 57th times Executive Conference considered through June 27, 2005 Shanghai City Government makes 41st, released since August 1, 2005 up purposes) City Government decided, on Shanghai city city management relative concentrated administrative punishment right provisional approach for following modified: a, and third article modified for: (integrated coordination, and implementation and tie sector) Shanghai city construction and traffic Committee is responsible for city management relative concentrated administrative punishment right work of integrated coordination,
    As well as the drafting and formulation of integrated policies. Shanghai Municipal Bureau of city administration (hereinafter law enforcement Council) is responsible for the city's urban management power of relatively concentrated administrative punishment of administrative bodies.
    Municipal urban management Bureau of Shanghai municipal urban management enforcement Corps commissioned by them, take on relatively centralized administrative punishment right in urban management.
    District/County comprehensive urban management enforcement departments (hereinafter referred to as the County law enforcement sector) in accordance with the permission as provided herein, exercise of the power of relatively concentrated administrative punishment in the area and received professional guidance and supervision of the municipal Bureau of city law enforcement.
    All levels of construction, sanitation, municipal engineering, green, water, environmental protection, public security, industry and commerce, housing, land and resources and planning administrative departments shall cooperate with the law enforcement Bureau, County law enforcement departments to work relatively centralized administrative punishment right in urban management.
    II, and increased a article, as fifth article (city and district Chengguan law enforcement sector of permission Division): City Chengguan law enforcement Council is responsible for investigation following case of violations: (a) in city has major effect of; (ii) involved city tube River of; (three) need concentrated regulation of; (four) legal, and regulations, and regulations provides should by city level administrative organ is responsible for investigation of. County law enforcement department is responsible for investigating offences committed within their respective jurisdictions. Two or more County law enforcement authorities in the investigation of violation on the terms of reference of the dispute, determined by the municipal Bureau of city law enforcement.
    Should be determined by the County law enforcement departments investigated violations, not investigated by County law enforcement departments, municipal Bureau of law enforcement can be ordered to investigate, can also be directly investigated.
    Section three, article sixth to seventh, and be amended as: City and County law enforcement sector based on the management of city appearance and environmental sanitation laws, provisions of the statutes and regulations, illegal exercise of administrative penalties for violation of city appearance and environmental sanitation administration rights.
    Four, and Nineth article to tenth article, and modified for: City and district Chengguan law enforcement sector according to water works management aspects legal, and regulations and regulations of provides, on violation river management of following violations exercise administrative punishment right: (a) dumping industrial, and agricultural, and building, waste and the life garbage, and stool; (ii) cleaning loaded storage had oil class or toxic harmful pollutants of vehicles, and container; (three) unauthorized built housing, and hut, buildings or structures.
    Five, and tenth article to 11th article, and will second items, and fifth items respectively modified for: (ii) road transport, and yard job, produced Yang dust, pollution environment; (five) without approved or not by approved requirements engaged in night building construction, caused noise pollution; six, and 12th article to 13th article, and modified for: City and district Chengguan law enforcement sector according to business management aspects legal, and regulations and regulations of provides, on occupied road no as business or illegal distributed, and posted print advertising of violations exercise administrative punishment right.
    Section seven, article 14th to 15th, and be amended as: municipal and County law enforcement departments according to the real estate management law, provisions of the statutes and regulations, the following illegal exercise of administrative punishment right within the Realty Management area: (a) in public greening buildings and structures, roads or other venues built without authorization, (ii) destroy building face.
    Eight, 16th to 17th (demolition of illegal buildings), and modify the first and fourth respectively to: municipal and County law enforcement departments in accordance with this regulation to the unauthorized building buildings or structures when investigating violations, should be in accordance with law, forensics and identification, and made the decision to dismantle. On the construction of the buildings and structures built without authorization and is, city and County law enforcement authorities should be ordered to cease construction immediately and dismantle the parties. Party refused to stop construction or within the deadline refused to dismantle, city and County law enforcement departments can be removed or torn down immediately.
    Removal expenses shall be borne by the parties. Article nine, 19th to 18th, and be amended as: relevant authorities found in the supervision and inspection activities by the city and County law enforcement departments to deal with allegations of violations should be transferred to municipal and County law enforcement departments to deal in a timely manner.
    City and County law enforcement authorities found in the supervision and inspection activities beyond the scope of responsibilities of alleged violations, should be transferred to the relevant authorities in a timely manner.
    Relevant authorities and municipal and County law enforcement authorities without due cause, shall not refuse to accept transfer case transfer sector, and shall make a decision to inform the transfer Department.
    Ten, 21st to 22nd, and be amended as: refuses or obstructs the city administration personnel performing official business according to law, without resorting to violence, threats, by the public security organs in accordance with the People's Republic of China public security management punishment regulation punishment; the use of violence, threat to constitute a crime, criminal responsibility shall be investigated according to law.
    Third, 23rd to 24th, and be amended as: Party municipal Bureau of city law enforcement specific administrative acts, according to the People's Republic of China administrative review provisions of the Act, the municipality may apply for administrative reconsideration; can also be the basis of the People's Republic of China administrative litigation law of the provisions directly initiate litigation to the people's Court.
    Parties specific to the district/County law enforcement departments of administrative acts, according to the People's Republic of China administrative review provisions of the Act, apply to the district and county people's Governments or municipal Bureau of city law enforcement administrative reconsideration; can also be the basis of the People's Republic of China administrative litigation law of the provisions directly initiate litigation to the people's Court. Fourth article 12, other modifications of "county-level city Brigade" is amended as "municipal urban management enforcement Bureau, County law enforcement departments (hereinafter referred to as municipal and County law enforcement authorities)".
    Article fifth to 23rd in the "county-level city Brigade" are adapted to "city and County law enforcement departments". In the fifth, "County Executive" amended to read "city and county-level administrative authority". 16th article of the "district people's Government" is amended as "municipal and district people's Government".
    In the article 20th "district and county administrative departments" is amended as "city and county administrative departments concerned."
    18th "heavy penalty clauses" amended to "punishment of terms".
    22nd article in the "urban management supervisors" is amended as "city and County law enforcement departments and the administrative law enforcement personnel."
    In addition, according to this decision, on the part of the text and provisions adjusted accordingly in the order. This decision shall take effect on August 1, 2005.

    Shanghai city administration of interim measures for the power of relatively concentrated administrative punishment in accordance with this decision be amended accordingly promulgated anew. Attached: Shanghai city city management relative concentrated administrative punishment right provisional approach (2005 amendment this) (January 5, 2004 Shanghai City Government makes 17th, released according to June 27, 2005 Shanghai City Government on modified straddling Shanghai city city management relative concentrated administrative punishment right provisional approach of decided Amendment) first article (purpose and according to) to strengthening city management, improve city management administrative law enforcement effectiveness, according to People's Republic of China administrative punishment method and
    The State Council decision on further advancing the power of relatively concentrated administrative punishment, as well as the provisions of relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Article II (scope of application) within the administrative area of the city relatively centralized administrative punishment right in urban management and administrative enforcement power associated with the administrative punishment and administrative inspection (hereinafter referred to as administrative punishment right) exercise these procedures apply.
    Article III (General coordination, implementation and coordination departments) Shanghai construction and Transportation Committee responsible for the relatively centralized administrative punishment right in urban management of integrated and coordinated, and the drafting and formulation of integrated policies. Shanghai Municipal Bureau of city administration (hereinafter law enforcement Council) is responsible for the city's urban management power of relatively concentrated administrative punishment of administrative bodies.
    Municipal urban management Bureau of Shanghai municipal urban management enforcement Corps commissioned by them, take on relatively centralized administrative punishment right in urban management.
    District/County comprehensive urban management enforcement departments (hereinafter referred to as the County law enforcement sector) in accordance with the permission as provided herein, exercise of the power of relatively concentrated administrative punishment in the area and received professional guidance and supervision of the municipal Bureau of city law enforcement.
    All levels of construction, sanitation, municipal engineering, green, water, environmental protection, public security, industry and commerce, housing, land and resources and planning administrative departments shall cooperate with the law enforcement Bureau, County law enforcement departments to work relatively centralized administrative punishment right in urban management. Fourth article (Chengguan law enforcement sector of duties) city Chengguan law enforcement Council, and district Chengguan law enforcement sector (following collectively city and district Chengguan law enforcement sector) perform following duties: (a) city sanitation management aspects legal, and regulations and regulations provides by city and district administrative organ and legal, and regulations authorized of organization exercise of administrative punishment right; (ii) municipal engineering management, and green management, and water works management, and environmental protection management, and police traffic management, and business management, and construction management, and real estate management and city planning management, aspects legal, and
    Rules and regulations provided by the city and county-level administrative organs and organizations authorized by the laws and regulations of administrative punishment right; (c) the right to an administrative penalty stipulated by the municipal people's Government. Fifth (Division of municipal and County law enforcement authorities permission to) the municipal law enforcement agency responsible for investigating violations of the following circumstances: (a) have a significant impact in the city, (ii) relates to pipe River, (iii) need to focus on Regulation; (d) the laws, rules and regulations required by the municipal administrative agencies responsible for the investigation.

    County law enforcement department is responsible for investigating offences committed within their respective jurisdictions. Two or more County law enforcement authorities in the investigation of violation on the terms of reference of the dispute, determined by the municipal Bureau of city law enforcement.
    Should be determined by the County law enforcement departments investigated violations, not investigated by County law enforcement departments, municipal Bureau of law enforcement can be ordered to investigate, can also be directly investigated.
    Sixth (permission to other law enforcement agencies limit) after the relatively concentrated administrative punishment right for urban management, municipal and district administrative bodies and relating to the laws and regulations authorized by the Organization shall not exercise by the city and County law enforcement departments of administrative punishment right; still, the administrative decision is invalid.
    Seventh (city appearance and environmental sanitation Administration) city and County law enforcement sector based on the management of city appearance and environmental sanitation laws, provisions of the statutes and regulations, illegal exercise of administrative penalties for violation of city appearance and environmental sanitation administration rights.
    Eighth (municipal engineering management) services by city and County law enforcement departments project management laws, regulations and rules of the violations of the non-road, Canal City (including road within the town), bridges and their subsidiary facilities management of the illegal exercise of administrative punishment right.
    Nineth (landscape management), city and County law enforcement sector based on green management in legal provisions, rules and regulations, apart from the ancient trees and green building violations in the exercise of the power of administrative penalty.
    Tenth article (water works management) city and district Chengguan law enforcement sector according to water works management aspects legal, and regulations and regulations of provides, on violation river management of following violations exercise administrative punishment right: (a) dumping industrial, and agricultural, and building, waste and the life garbage, and stool; (ii) cleaning loaded storage had oil class or toxic harmful pollutants of vehicles, and container; (three) unauthorized built housing, and hut, buildings or structures.
    11th article (environmental protection management) city and district Chengguan law enforcement sector according to environmental protection management aspects legal, and regulations and regulations of provides, on following not need after instrument test can judge of violations exercise administrative punishment right: (a) in non-specified area burning produced toxic harmful dust and stench gas of material; (ii) road transport, and yard job, produced Yang dust, pollution environment; (three) any dumping or in Mount, and transport process in the scattered industrial waste or other solid waste;
    (Iv) violates the provisions related to install air conditioners, cooling facilities, affecting the environment and the lives of others; (v) approval requirements without approval or is not engaged in night-time construction, causes noise pollution; (f) in populated areas, around the airport, near traffic regulations area open burning straw, leaves and other materials produce dust pollution.
    12th (traffic management), city and County public security traffic management by law enforcement departments on legal provisions, rules and regulations, allowed to set up stalls, heaps of off-road illegal exercise of administrative punishment right.
    13th (business management), municipal and county-level business administration by law enforcement departments on legal provisions, rules and regulations, to off-road unlicensed or illegal distribution, post print advertising illegal exercise of administrative punishment right.
    14th (construction) construction management by city and County law enforcement departments on legal provisions, rules and regulations, corruption, unauthorized occupation of barrier-free facilities or altering the use of barrier-free facilities for illegal exercise of administrative punishment right.
    15th (real estate management), city and County law enforcement sector based on the management of real estate law, provisions of the statutes and regulations, the following illegal exercise of administrative punishment right within the Realty Management area: (a) in public greening buildings and structures, roads or other venues built without authorization, (ii) destroy building face.
    16th (urban planning and management), city and County law enforcement sector based on urban planning management laws, regulations and rules provides that unauthorized structures obstructing the public safety, public health, urban transport and cityscape of buildings and structures of illegal exercise of administrative punishment right.
    17th (demolition of illegal buildings) city and County law enforcement departments in accordance with this regulation to the unauthorized building buildings or structures when investigating violations, should be in accordance with law, forensics and identification, and made the decision to dismantle.
    City and County law enforcement sectors to make the decision to order the party to dismantle illegal structures, shall be in writing and served on the party; acres of illegal construction in the party is difficult to determine or set, city and County law enforcement department notices notice forms may be used. Overdue party refusing to comply with the decision of demolishing the illegal buildings, city and County law enforcement departments can contribute to the municipal and district people's Government forced demolition of applicant organizations.
    Torn concentrated into the illegal construction of 10th or force the demolition of illegal building 7th, city and county governments should be issued. On the construction of the buildings and structures built without authorization and is, city and County law enforcement authorities should be ordered to cease construction immediately and dismantle the parties. Party refused to stop construction or within the deadline refused to dismantle, city and County law enforcement departments can be removed or torn down immediately.
    Removal expenses shall be borne by the parties. 18th (case) should be found in activities related to the supervision and inspection by the management by city and County law enforcement departments to deal with allegations of violations should be transferred to municipal and County law enforcement departments to deal in a timely manner.
    City and County law enforcement authorities found in the supervision and inspection activities beyond the scope of responsibilities of alleged violations, should be transferred to the relevant authorities in a timely manner.
    Relevant authorities and municipal and County law enforcement authorities without due cause, shall not refuse to accept transfer case transfer sector, and shall make a decision to inform the transfer Department.
    19th (report accepted) city and County law enforcement authorities should set up offence reporting system, and the informer confidential. Citizens, legal persons or other organizations to report violations, within the mandate of the genus, city and County law enforcement departments should be investigated in a timely manner; is outside the area of responsibility, city and County law enforcement departments should be transferred to the relevant administrative departments.
    City and County law enforcement authorities should investigate or transfer inform the informers. 20th (relevant requirements of the applicable administrative penalties) at the municipal and County law enforcement authorities impose administrative penalties, it shall order the parties to correct or rectify violations.
    On minor and correct breaking, causing no harmful consequences, no administrative penalties.
    A violation on the parties for more than two legal provisions, rules and regulations, and should be given a fine, city and County law enforcement departments can apply administrative penalties which penalty of provisions, shall not merge or repeated fines.
    21st (law enforcement information-sharing) city and County law enforcement sector and construction, sanitation, municipal engineering, landscaping, water supply, environmental protection, public security, industry and commerce, housing, land and resources, and district and county administrative departments, and plans to share with urban management power of relatively concentrated administrative punishment relating to administrative penalties and administrative licensing information.
    22nd (refuses or obstructs the enforcement of legal responsibility) refuses or obstructs the city administration personnel performing official business according to law, without resorting to violence, threats, by the public security organs in accordance with the People's Republic of China public security management punishment regulation punishment; the use of violence, threat to constitute a crime, criminal responsibility shall be investigated according to law. 23rd (violations of the law enforcement investigation) city and County law enforcement departments and the administrative law enforcement personnel shall enforce laws impartially.
    To abuse their powers, neglect their duties, favoritism, bribes, given an administrative sanction by the unit; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
    24th (reconsideration or litigation) the municipal Bureau of city law enforcement specific administrative acts, according to the People's Republic of China administrative review provisions of the Act, the municipality may apply for administrative reconsideration; can also be the basis of the People's Republic of China administrative litigation law of the provisions directly initiate litigation to the people's Court.
    Parties specific to the district/County law enforcement departments of administrative acts, according to the People's Republic of China administrative review provisions of the Act, apply to the district and county people's Governments or municipal Bureau of city law enforcement administrative reconsideration; can also be the basis of the People's Republic of China administrative litigation law of the provisions directly initiate litigation to the people's Court. 25th (execution date) these measures shall take effect on February 1, 2004.
                                                                                                                            September 20, 2000 issued by the Shanghai Municipal People's Government of the provisional regulations on Shanghai comprehensive urban management enforcement abolished at the same time.