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Datong City, Major Provisions Of The Administrative Penalty Decisions For The Record Review

Original Language Title: 大同市重大行政处罚决定备案审查规定

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(Summit No. 50 of 22 June 2005 with the Government of the Municipalities to consider the adoption of Decree No. 50 of 22 June 2005 No. 50 of the Decree No. 50 of 22 June 2005 concerning the implementation of 1 July 2005)

Article 1 guarantees the lawful, fair and legitimate rights and interests of citizens, legal persons or other organizations, and promotes the administration of justice in accordance with the Law on Administrative Punishment of the People's Republic of China, the Law on Administrative Enforcement in the Province of San Sustain, the Administrative Enforcement of the Province of San Sussifan and the Ordinance on Administrative Law Enforcement in the Greater and Municipalities.
Article 2
Article 3 of this Article refers to the following administrative sanctions decisions taken by the competent organ:
(i) To impose more than 5,000 fines on citizens or to forfeiture the proceeds and illegal property of the same value;
(ii) To impose more than 50000 fines on legal persons or other organizations, or to confiscate proceeds of violations of the same value;
(iii) The suspension of the work;
(iv) Removal of licences or business licences;
(v) More than 10 days of administrative detention;
(vi) Other significant administrative penalties provided for in laws, regulations and provincial government regulations.
Article IV. Governments of municipalities, districts (zones) should strengthen the leadership and oversight of the review of major administrative sanctions decisions within the current administration.
The authorities of the Government of the People's Rule of Law (hereinafter referred to as the review body) are responsible for providing guidance, inspection and oversight for the review of major administrative sanctions decisions in the current administration area and for the processing and review of major administrative sanctions decisions in accordance with this provision.
Article 5 Priorities for administrative penalties by the competent organ shall be reviewed by the body of the rule of law.
The rule of law working body of the statutory body of the competent organ conducts reports of major administrative sanctions decisions.
Article 6
(i) Major administrative sanctions decisions taken by the people's Government (zone), communes (communes) to report back to the Government of the people at the highest level;
(ii) Major administrative sanctions decisions taken by organs and organizations with administrative penalties within the city, the district (zone) territories, which are submitted to the Government of the people at this level.
Article 7 provides for major administrative penalties decisions, which shall be submitted to the request report and accompany the administrative sanctions decisions and administrative penalties.
A description of administrative penalties shall contain the following:
(i) Basic facts and circumstances;
(ii) The qualifications of administrative law enforcement personnel;
(iii) Administrative law enforcement procedures;
(iv) Other needs clarifications.
Article 8 shall be reviewed by law within thirty days of the date of receipt of significant administrative penalties decision-making material:
(i) The legitimacy of the subject matter of administrative penalties, and whether the executive law enforcement personnel are eligible for law enforcement;
(ii) Determining whether the facts are clear and whether the evidence is substantiated and sufficient;
(iii) The correctness of the application;
(iv) Whether the procedure is lawful;
(v) The appropriateness of the content;
(vi) Whether administrative law enforcement instruments are regulated;
(vii) Is the right to go beyond or abuse;
(viii) Have administrative penalties replaced;
(ix) Other elements to be reviewed.
Article 9 Reviews the authorities in reviewing decisions on major administrative penalties to receive the relevant documentation and enquires about the officers involved. The competent authorities and their associated officers should cooperate without denying them.
The Article 10 Review Body shall, subject to review, decide on the violation or misappropriation of major administrative penalties and shall provide comments on administrative law enforcement oversight recommendations issued by the review body or the Government of the people at large. The relevant authorities should be implemented in accordance with the requirements of the Administrative Law Enforcement Oversight Recommendations.
The decision-making authority was not justified by the administrative enforcement oversight recommendation, which was redirected by the review body or the Government of the people at large. The competent organ shall be executed in accordance with the requirements of the Administrative Enforcement Supervisory Committee and, within the prescribed time period, shall reproduce the organ that has issued a letter of oversight in writing reports.
Article 11
Article 12. The competent organs and their law enforcement officers are in conflict with the law in the process of making major administrative penalties decisions, and the review body is accountable to the relevant authorities, in accordance with the relevant provisions or recommendations, the Government of the people at this level; the circumstances constitute a serious offence and the transfer of criminal responsibility by the judiciary.
The review body of article 13 and its review staff, in the preparation of a review of major administrative penalties decisions, favour private fraud or other malfeasing, negligence, are informed by the superior body or the Government of the people at this level of responsibility.
Article XIV People's rule of law institutions shall register the review of major administrative sanctions decisions in the current administration area and report to the Government's rule of law bodies by 31 January.
Article 15