Fines In Gansu Province Confiscated Property Management

Original Language Title: 甘肃省罚款没收财物管理办法

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(The people's Government of Gansu province on June 18, 2004 at the 44th Executive meeting on June 25, 2004, Gansu Provincial people's Government promulgated as of August 1, 2004, 16th) Chapter I General provisions article in order to strengthen the management of confiscated property, ensure the confiscations in time turned to the State coffers, according to the People's Republic of China on administrative punishment law (hereinafter referred to as the law on administrative punishment) and the provisions of other relevant laws, regulations, rules, these measures are formulated.
    Article II law enforcement authorities in accordance with the provisions of the laws, regulations and rules, sanctions for natural persons, legal persons or other organizations, collection of confiscated property management, these measures shall apply.
    This article referred to "confiscated property" means: (a) the law enforcement organs in accordance with the Penal, administrative punishment, penalties against natural persons, legal persons or other organizations, fines, confiscation of property, illegal proceeds and illegal property, (b) law enforcement agencies confiscated according to law shall not be returned or unable to return illicit money and goods.
    Fourth article this way, the term "confiscations" refers to the forfeiture and confiscation of illegal gains, illegal property value.
    Fifth article this approach by said "law enforcement organ" is refers to: (a) Court (containing the specifically Court), and people's Procuratorate (containing the specifically attorney); (ii) law has administrative punishment right of national administrative organ; (three) legal, and regulations authorized of has management public affairs functions of Organization; (four) national administrative organ in accordance with legal, and regulations or regulations of provides in statutory permission within delegate of organization.
    Chapter collected on the spot and confiscated money deal with the sixth law enforcement agencies and law enforcement personnel on the spot penalties or collected on the spot fines can be collected directly by the law enforcement personnel, and promptly turned over to the Department of financial management, as required by the financial management sector turned over to the State Treasury. Article seventh financial management departments should be turned over to the State Treasury within receipt of the confiscations, 2nd.
    Sporadic confiscations, book balance less than 2000 Yuan, every 15th turn over once to 2000 Yuan, should be immediately turned over to the State Treasury.
    Unit at the Finance Department at the time of payment, should be filled out "payment".
    Eighth confiscated by law enforcement agencies to collect fines on the spot, all kinds of payment must be issued to the parties of Gansu Provincial Department of finance uniformly made "penalties and confiscated money receipt on the spot." Chapter III collection confiscated by law enforcement agencies handling the Nineth and confiscated money, according to the administrative punishment law provides for fines of up and collection of institutional separation of the confiscated money.
    Commissioned by the law enforcement organs in accordance with the financial institution (hereinafter referred to as collection agencies) collected and turned over to the State Treasury by collection agencies.
    Collecting agency by the financial sector, the people's Bank of China branches and a number of local law enforcement organs determined by tender.
    Collection agencies should have adequate collection points to facilitate the parties to pay the fine.
    Tenth collection agencies should be required to sign and strict compliance with the law enforcement agencies collected and confiscated money agreement.
    11th collection agencies collection of confiscated money, must be used by the provincial Department of finance in accordance with the unified format of "collection of confiscated money receipts."
    12th collection agencies collected and confiscated money, should be used consistently "financial contributions to the settlement of" subject "will solve budget revenue (revenue from fines)" special accounts, and handle payments on that day; time to handle that day, on the following day (holiday postponed), and not tie up, misappropriated. Collection agencies do not participate in the clearing, and confiscated money cannot be paid directly into the local Treasury, collection agencies collected on that day should be fine ("collection of confiscated money Bill" three or four) cross jurisdictional lines.
    Governing fines in line should be the same day or next day (holiday postponed) get paid. 13th collection agencies collection of confiscated money and on collection agencies received the confiscated money, according to affiliation revenues from fines and confiscations of the law enforcement agencies the budget account, budget levels paid into the Treasury of the order of the corresponding.
    Collecting agency or jurisdiction at the time of paying library, you should complete the "payment". 14th collection agency handling of confiscated money collected and paid. Where the confiscated money wrong and multiple payment and reconsideration should not be punished by the law enforcement authorities confiscated money must apply for back pay, applications should be made by the law enforcement agencies made the decision, after peer review and approval of the financial sector, the report, issued by the financial Department of revenue refund from Treasury pay back at the same level.
    Collection agency shall not directly back from a collection of confiscated money income.
    15th for collection of payment difficulties, or must be confiscated on the spot payment can be received by the law enforcement authorities turned over the financial management sector, filled by the financial management sector "General payment book" direct payment library. Fourth chapter of confiscated property to the 16th fines, confiscation of illegal gains or confiscation of unlawful property or things of value, must be turned over to the State Treasury, any law enforcement agency or individual shall not be withheld, in any form, distribute and use.
    Law confiscated of various items, law enforcement organ should Yu case closed of day up 15th within, according to items of nature and uses, by following provides processing: (a) referred to the Government specified of auction institutions auction; (ii) cannot delegate auction or does not apply Yu auction of, can referred to the local commercial enterprise on behalf of sales; (three) cannot delegate commercial enterprise sales of, by law enforcement organ variable price processing; (four) national ban free sale of commodity, and goods, and other property, should referred to the units according to national provides of price acquisition. 17th auction of institutions, businesses, law enforcement agencies, relevant agency auctions, sales, purchase of confiscated goods, shall comply with the principles of openness, fairness and justice, hedonic price.
    To the auction or sale of confiscated goods, the reserve price must be determined by qualified evaluation Agency. 18th transfer case needs counterparts dealing with confiscated property of transfer, in accordance with national regulations. Transferred together with the case of confiscated property, the law enforcement organs should be carefully handing over procedures, beware of property damage.
    After the conclusion of, property shall be treated in accordance with the regulations.
    19th law enforcement agencies confiscated, quarterly summary of confiscated property details reflect the confiscated property of name, quantity, specification, quality and process conditions, timely reporting of financial record. Fifth chapter confiscations jiaoku 20th provincial relevant departments directly under the provincial law enforcement agencies of the confiscations, all turned over to the provincial finance.
    Local law enforcement authorities imposed a fine of confiscations, all turned over to the local government at the same level.
    Legal and authorized rights to administer public affairs organizations within the statutory mandate of the confiscations, entrusted by the law enforcement authorities in the context of fiduciary on behalf of the principal law enforcement agency of confiscations, client budget levels of the law enforcement authorities turned over to the financial sector.
    Public security and industrial and commercial administration sector is attributed to smuggling, bootlegging and confiscations of 100% turned over to the Central Government.
    Public security departments seized the drug confiscations 100% turned over to provincial finances.
    21st people's courts, people's procuratorates and confiscations, budget levels respectively by the unit over to the financial sector. 22nd article confiscated income of paid library, by following provides implementation: (a) law enforcement organ law confiscated of various payments, implemented collection separation of, party should since received punishment decided book or judgement up 15th within to law enforcement organ delegate of generation received institutions paid; (ii) law enforcement organ law confiscated of various property and recovered of should surrendered Treasury of booty, delegate auction institutions auction or commercial sector sales of, Auction institutions or commercial sector should will items buy by people paid of variable price in 3rd within paid to law enforcement organ delegate of generation received institutions; (three) law enforcement personnel charged of confiscated paragraph, and spot collection of confiscated paragraph and should not be save of confiscated property of variable price, should since collection of day up 2nd within (section holiday extended) handed law enforcement organ financial management sector; in water Shang, and remote, and traffic inconvenience area spot collection of, should since arrived Bank or returned to resident of day up 2nd within (section holiday extended) handed law enforcement organ financial management sector, Privately stored.
    Financial management shall be paid in accordance with the provisions of the law enforcement agencies. Sixth chapter confiscated the 23rd article of the measures for the administration of an instrument, the term "confiscated instruments" refers to a law enforcement agency or law enforcement authorities shall entrust the collecting agency to natural persons, legal persons or other organizations received confiscated property issue of vouchers.
    Confiscated notes include: collection of confiscated money bills, punishment on the spot and confiscated money bills and confiscation of instruments.
    Collection of confiscated money bills are in accordance with the provisions of law enforcement agencies, entrusts the Bank to collect payment collection agencies such as confiscation, collection by collection agencies issued to natural persons, legal persons or other organizations gathering proof.
    Punishment on the spot and confiscated money Bill is the law enforcement agency on the spot penalties and imposed a fine on the spot Draw to natural persons, legal persons and other organizations gathering proof.
    Confiscation Bill is law enforcement agencies confiscated natural person, legal person or other organization's property, collection of voucher that is issued when the booty recovered. Confiscated notes, from the provincial Department of Finance on the required format.
    Notes confiscated property must be set "Gansu Provincial Department of finance special seal for confiscated property receipt."
    24th article to financial sector led with confiscated property notes, by following provides implementation: (a) belongs to provincial of confiscated income, its notes by provincial competent sector to province financial sector received; subordinate law enforcement units charged of provincial confiscated income, its notes by units financial sector up level law enforcement organ of financial management sector received; (ii) belongs to place financial of confiscated income, its notes by law enforcement organ financial sector unified to sibling financial sector received, sibling financial sector up level financial sector received.
    25th use by law enforcement authorities on the spot penalties penalties and confiscated money bills, received by the law enforcement personnel to place financial management sector.
    26th article of law enforcement organizations entrusted the implementation of administrative punishments, and their use of confiscated documents to law enforcement agencies receive. 27th collection agencies collection of confiscated money bills by law enforcement authorities in accordance with the above provisions of the account after receiving your body use.
    Law enforcement agencies should strengthen the collection of confiscated money bills the use of supervision and management, and ensure timely supply of collection of confiscated money bills and use them correctly.
    28th levels of financial departments and law enforcement agencies confiscated property must be guaranteed the supply of an instrument, and not to use the Bill shall charge any fee.
    29th organization authorized by administrative organs, using confiscated property bills for the first time, the financial sector should be provided provincial administrative sanction enforcement agencies printed certificates and other relevant information, financial departments review and correct these materials after they confiscated notes.
    People's courts and people's procuratorates of the initial recipients of the confiscated notes, this certificate from the receiving to the financial sector.
    30th financial departments at all levels must strengthen the foreclosure Bill printing, distribution, use, management and oversight of the precinct.
    Law enforcement authorities at all levels must strengthen the management of confiscated tickets, use strictly according to the regulations.
    Seventh chapter supervision article 31st of confiscations by financial departments at all levels have the right to supervise the implementation of paid checks, law enforcement authorities in violation of regulations, concealing, withholding or misappropriating, privately divide confiscations, solutions extend the collecting agency, tied up in the collection of confiscations, strictly in accordance with the provisions of relevant laws and regulations. 32nd article law enforcement agencies must improve the management system, strengthen the management of confiscations and confiscated papers, periodically check the confiscations of the collection with the collection agencies.
    Should unpaid confiscations on the parties, as well as the entrusted organization punishment according to law of confiscations should be unpaid, should be paid in a timely manner. 33rd financial departments at all levels should regularly with law enforcement agencies, Treasury and confiscations of reconciliation check collection.
    Problems found in a reconciliation, should inform the authorities immediately corrected. Eighth chapter legal responsibility 34th article has following case one of of, by about supervision organ confiscated illicitly acquired, and on units sentenced 1000 Yuan following fine, on directly responsibility personnel sentenced 200 Yuan following of fine: (a) unauthorized developed fine project, free adjustment fine standard of; (ii) no practice penalty right of units or personal unauthorized implementation confiscated corporate of; (three) beyond management permission practice penalty of; (four) unauthorized printing fine confiscated property notes of; (five) no bid
    Administrative penalty enforcement agencies qualification certificate or do not use fine of forfeiture of the provincial financial department printed notes; (f) dispose fine of forfeiture, and (VII) fine of forfeiture bills referred to the right of no fines or personal use, (VIII) fines using terms or engages in and (IX) other violations of the administration of confiscated property provisions. 35th for violation of financial, audit, taxes and regulations are required by law to recover, to pay taxes and penalties and late fees, in accordance with the relevant provisions.
    But for fine made the decision on administrative penalty according to law, should be the implementation of the approach.
                                                                                                        Nineth chapter supplementary articles article 36th from this approach as of August 1, 2004, the penalty of forfeiture Bill, in Gansu province, interim provisions on the administration of (Gan Government issued [, 1992]92), the provisions on the penalty of confiscation of property management of Gansu province (provincial ban FA [1997 Government Decree 1993]86, the 27th amendment) repealed simultaneously.