Harbin Songbei Power Of Relatively Concentrated Administrative Punishment Measures For The Implementation Of

Original Language Title: 哈尔滨市松北区相对集中行政处罚权实施办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(August 2, 2005 Harbin municipal people's Government at the 40th Executive meeting on August 15, 2005 Harbin municipal people's Government announced the 134th since September 15, 2005) Chapter I General provisions article to promote the work of district power of relatively concentrated administrative punishment, improve administrative efficiency and level, in accordance with the People's Republic of China on administrative punishment law and other laws, rules and regulations,
    Provincial Government on developing the power of relatively concentrated administrative punishment in city pilot project notice and related documents, these measures are formulated.
    Second this approach applies to the administrative area, songbei (including Sun Island scenic spot), implementation of the power of relatively concentrated administrative punishment.
    Article these measures implemented by the district people's government organizations.
    Songbei district administrative law enforcement Bureau in songbei exercise of the power of relatively concentrated administrative punishment.
    Urban management, urban planning, environmental protection, industry and commerce, public security, real estate, construction, culture, civil air defense, animal husbandry, water supplies and other relevant administrative departments shall assist the district administrative enforcement power of relatively concentrated administrative punishment implementation.
    Fourth District administrative enforcement requirements included in the budget allocation from the full financial may not be charging, confiscations, as sources of funding. Second chapter administrative punishment right concentrated range fifth article pine North administrative law enforcement Council concentrated exercise following administrative punishment right: (a) 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) city planning management aspects legal, and regulations, and regulations provides of administrative punishment right; (three) City Green management aspects legal, and regulations, and regulations provides of administrative punishment right; (four) municipal management aspects legal, and regulations, and Regulations provides of administrative punishment right; (five) environmental protection management aspects legal, and regulations, and regulations provides of on building construction noise pollution behavior, in neighborhoods opened produced noise, and vibration of open business sex parking, and empty distribution goods points, and processing field points, not take control measures or take control measures Hou still up not to environmental protection requirements behavior, in public barbecue food, and bulk burn coal and burning debris behavior of administrative punishment right; (six) business administration aspects legal, and regulations, and Regulations provides of on no as vendors of administrative punishment right; (seven) police traffic management aspects legal, and regulations, and regulations provides of on occupation sidewalk road behavior of administrative punishment right; (eight) legal, and regulations, and regulations provides of original by police sector exercise of in commercial activities in the using treble broadcast horn or other used loudspeakers of method attract customer produced noise behavior, in public organization entertainment or rally, activities using audio equipment produced interference around life environment had big volume behavior,
    In noise sensitive buildings concentrated district within using treble broadcast Horn behavior of administrative punishment right; (nine) property management aspects legal, and regulations, and regulations provides of administrative punishment right; (10) building market management aspects legal, and regulations, and regulations provides of administrative punishment right (construction quality supervision and construction safety supervision management aspects except); (11) culture market management aspects legal, and regulations, and regulations provides of administrative punishment right; (12) civil defense management aspects legal, and regulations, and regulations provides of administrative punishment right;
    (13) for animal husbandry and management right of administrative penalties stipulated in laws, regulations, rules, (14) water management laws, regulations, rules and regulations of administrative punishment right (15) circulation management provided by laws, rules and regulations in the streets or residents of unauthorized slaughtering of livestock and poultry in the district administrative punishment, (16) other duties stipulated by provincial and municipal people's Governments.
    Sixth district people's Government in accordance with the needs, after it has been submitted to the municipal people's Government approved, you can expand the scope of district power of relatively concentrated administrative punishment.
    Seventh district relatively concentrated administrative punishment right after exercise, the Department concerned shall not be exercised by the district administration enforcement of administrative punishment right; still, the administrative decision is invalid.
    Sector in the eighth power of administrative punishment had not been set, not to the district administrative law enforcement Bureau stationed in administrative law-enforcement agencies.
    Nineth songbei relatively concentrated administrative punishment right after exercise, fifth column regarding the administration of these measures of administrative license, daily management work is prescribed by the laws, rules and regulations of the Department is responsible.
    Tenth district administrative enforcement duties when differences occur with the relevant area, coordinated by the District Department of Legal Affairs; and municipal departments carry out their duties when differences occur, coordinated by the Municipal Department of Legal Affairs; municipal and district people's Government Legislative Affairs Department coordination fails, reported the people's Governments at the corresponding level determination.
    11th article pine North administrative law enforcement Council implementation corporate Shi, can take following measures: (a) into was check units or site for survey or in accordance with legal, and regulations of provides for check; (ii) check out, and access or copy was check units and check matters about of information; (three) law made about evidence information; (four) law on violations by involved of tool, and items be seized; (five) legal, and regulations, and regulations provides of other measures.
    Chapter III work well with 12th district administrative law enforcement Bureau should work closely with the relevant departments, mutual supervision, coordination and orderly working system. 13th district administrative Bureau of law enforcement in the implementation of administrative punishments in the process relates to compensation shall be paid such fees, compensation or restitution, it shall notify the relevant departments. Departments shall, within 2 working days of receiving the notice to pay compensation, compensation of expenses or shall order the restitution decisions and copy to the district administrative law enforcement Bureau.
    Songbei district administrative enforcement agency from the date of receipt of the decision taken by the relevant departments on 2nd, make a decision of administrative penalty according to law.
    Otherwise provided by laws, rules and regulations, from its provisions. 14th district administrative law enforcement Bureau investigated cases of violations need to be identified or found, it shall notify the relevant departments.
    Relevant departments shall, within 3 working days, or laws, regulations, technical identification or identification within the time frame prescribed by the regulations, and shall inform the district administrative authority.
    15th of municipal or district departments should strengthen the power of relatively concentrated administrative punishment of songbei implementation work surveillance and guidance.
    16th district administrative enforcement law enforcement needs of professional and technical personnel, relevant government departments should organize training, obtain the appropriate credentials.
    17th administrative permission from relevant departments according to law, and scope of the power of relatively concentrated administrative punishment involving songbei, administrative license file should be issued within 2 working days after cc district administrative law enforcement Bureau.
    18th district administrative law enforcement Bureau shall in each month of last month administrative punishment matter communicated to the relevant Department.
    19th district administrative Bureau of law enforcement to investigate illegal case, laws, regulations, rules and regulations can go through the licensing procedure of administrative penalty, before making a decision on administrative penalty should seek the views of relevant departments and to inform in writing within 2 working days after the decision on administrative penalty authorities.
    20th district administrative Bureau of law enforcement to investigate illegal case, license shall be revoked in accordance with the law, regulations, should be made within 2 working days from the date of the decision on administrative penalty shall inform the relevant departments shall make a decision by the relevant authorities.
    Of motor vehicle occupation road serious illegal acts aggravating the sidewalk, shall be handed over to the public security department.
    21st district administrative enforcement agency made a major decision of administrative penalty shall be submitted to the municipal administration of the City Council and district people's Government for the record, and shall inform the relevant departments.
    22nd authorities found songbei district administrative enforcement of administrative penalty decisions made inappropriate, should be corrected immediately and in writing, submitted to the district people's Government, at the same time notify the municipal Legislative Affairs Department.
    Songbei district administrative enforcement law enforcement authorities found in illegal license, it shall immediately notify the Department concerned, or submitted to the Government Legal Department.
    23rd district administrative enforcement of law enforcement measures to the authorities and departments concerned to implement the management need to meet a district administrative law enforcement Bureau, should be informed, actively cooperate with each other. 24th district administrative law enforcement Bureau checks detected violations beyond the power of relatively concentrated administrative punishment shall be promptly transferred to departments who will have administrative penalty.
    Relevant departments should promptly accept and investigate and punish. Found in the day-to-day management of the relevant departments belonging to the district within the power of relatively concentrated administrative punishment of violations should be transferred to the district administrative Bureau of law enforcement in a timely manner.
    Songbei district administrative law enforcement Bureau should be accepted in a timely manner, and to investigate and punish.
    Fourth chapter law enforcement program 25th District Executive Council should adhere to fair and civilized law enforcement, strictly in accordance with the People's Republic of China on administrative punishment law and other relevant laws and regulations impose administrative penalties to ensure administrative penalty matters clear, irrefutable evidence and applied properly, the procedure is legal, content appropriate.
    26th district administrative enforcement agency before making the decision on administrative penalty, law enforcement officials should inform the parties of the decision on administrative penalty facts, reason, and the Parties shall have the right to.
    27th district administrative enforcement law enforcement officer in the execution of their duties, shall show the administrative law-enforcement documents.
    28th administrative law enforcement personnel do not produce their documents or failing to state the reasons and basis, parties have the right to refuse to accept the punishment. 29th administrative law enforcement personnel shall hear the statements of the parties and to defend themselves. On the facts, reasons and arguments presented by the parties, should be reviewed.
    Establishment of the facts and reasons or evidence submitted by the parties, should be accepted, not because the parties ' representations and aggravating. 30th district by the administrative law-administrative law enforcement of fines should be imposed penalties according to law to pay separation.

    31st district administrative law enforcement Bureau fined 50 Yuan to citizens below 1000 Yuan fine for legal persons or other organizations of administrative punishment, law enforcement officers would be able to fill out a unified production, stamped with the seal of the district administrative law enforcement Bureau decision, administrative punishment.
    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, according to regulations and turned over.
    Songbei district administrative Bureau of law enforcement and law enforcement personnel, according to the provisions of the preceding paragraph to collect fines on the spot, must be issued to the party concerned provincial uniformly made fine receipt; do not issue of provincial unity ticket, parties have the right to refuse to pay the fine. Article 32nd unless these measures article 31st may make administrative punishment on the spot, a district administrative law enforcement department has implemented other administrative punishment should be comprehensive, objective and impartial investigation and evidence collection. End of investigation and evidence collection, by the Executive Head of the enforcement Directorate to review the survey results should indeed administrative penalties, and shall make a decision of administrative penalty.
    For complicated or serious violations should be given heavier administrative punishment, heads of administrative law enforcement Bureau shall organize and collective discussion and decision.
    33rd district administrative law enforcement Bureau according to law shall be ordered to suspend production, rescission of a license or for offences punishable by more than 1000 non-operating activities fines, offences punishable by more than 10000 Yuan in fines from operating activities prior to the decision on administrative penalty, it shall inform the parties have the right to request hearings; request a hearing of the parties, should be in accordance with the regulations hearing.
    34th article pine North administrative law enforcement Council law implementation forced measures Shi, must comply with following provides: (a) to party issued notice; (ii) implementation 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 implementation units and party the practice a copies; (three) seized shall not over statutory term; (four) can delegate custody was law seized of items, custody costs by was seized people paid;
    (E) illegal buildings, structures, and facilities need to be torn down according to law shall be issued to the parties notice of dismantle; fails to dismantle, according to law to be torn down.
    Fifth chapter law enforcement supervision article 35th District Executive Council shall establish that the law enforcement officers periodically exchanges, job rotation system, the implementation of administrative law enforcement responsibility system and evaluation system, improving the level and efficiency of administrative law enforcement.
    Article 36th District Administration refuses to accept the decision on administrative penalty from law enforcement agency, may apply to the district people's Government according to law on administrative reconsideration; administrative law enforcement Bureau of the the songbei article fifth (a) to (g), (15), refuses to accept the decision on administrative penalty, or municipal Bureau of city administration according to law application for administrative reconsideration.
    Party refuses to accept the decision on administrative penalty or initiate administrative proceedings to the people's Court according to law.
    37th district administrative Bureau of law enforcement and law enforcement activities of law enforcement officials, should conscientiously accept supervision by society.
    Any unit and individual have the right to submit complaints of violations to law enforcement activities or exposures, the relevant departments should be based on rights and responsibilities to investigate in a timely manner.
    Article 38th District Administration Office shall impose administrative penalty according to law, the establishment of internal oversight mechanisms, the violations are severely punished.
    39th sixth chapter legal liability in violation of these rules in refusing to perform mutual cooperation in the work of duty causing serious consequences, the Manager and other persons directly responsible shall be given administrative sanctions. 40th article violation this approach provides has following case one of of, on pine North administrative law enforcement Council directly is responsible for of competent led and other directly responsibility personnel law give administrative sanctions: (a) administrative punishment no statutory according to of; (ii) unauthorized change administrative punishment type, and range of; (three) violation statutory of administrative punishment program of; (four) interception, and privately or disguised privately fine, and confiscated of illegal proceeds or illegal property of; has Qian paragraph subsection (four) items case of, by financial sector or about sector be recovered,
    Constitute a crime, criminal responsibility shall be investigated according to law.
    41st district administrative law enforcement Bureau and the administrative law enforcement personnel shall, in accordance with statutory authority and procedures, earnestly fulfill their statutory duties, not exceeding their powers or declined to give up the legal obligations, must not use the authority engages in, must not harm the legitimate rights and interests of citizens, legal persons or other organizations.
    Violation of the provisions of the preceding paragraph, the Manager and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    42nd article violation this approach provides has following case one of of, on administrative law enforcement personnel be dismissed until fired, constitute crime of, law held criminal: (a) induction law enforcement Qian or law enforcement work during drinking of; (ii) accept party hosted and the other consumption activities of; (three) using law enforcement convenience obtained, and received party property of; (four) beat party of; (five) fine not to or less to notes of; (six) violation law enforcement discipline management other provides plot serious of.
                        Seventh chapter supplementary articles article 43rd these measures shall take effect on September 15, 2005.