Dalian City Administration Authorized Administrative Penalty Provisions

Original Language Title: 大连市城市管理行政处罚委托规定

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(June 9, 2004 27th Executive meeting, Dalian people's Government considered June 29, 2004 by Dalian municipal people's Government, the 52nd announced as of August 1, 2004) first to strengthen urban management, enhance the level and efficiency of administrative law enforcement, protecting the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative punishment law (hereinafter referred to as the administrative punishment law) regulations based on actual city, these provisions are formulated.
    Article in the urban area and County (City) districts in urban built-up areas of administrative law enforcement, these provisions shall apply.
    Third counties (cities) District (CMC) or their respective administrative departments pursuant to this provision, within the terms of reference of the Commission in conformity with the law on administrative punishment conditions specified in article 19th of the urban management and administration, law enforcement agencies (hereinafter referred to as law enforcement agencies), and to impose administrative penalties on their behalf.
    Fourth the following matters may be delegated to the administrative law-enforcement agencies: (a) planning and management right of administrative penalties stipulated in laws, rules and regulations.
    (B) real estate management law, the right to administrative penalties stipulated in laws and regulations.
    (C) the management of city appearance and environmental sanitation laws, regulations, rules and regulations of administrative punishment right.
    (D) urban greening, landscape management law, the right to administrative penalties stipulated in laws and regulations.
    (E) municipal infrastructure management laws, regulations, rules and regulations of administrative punishment right.
    (Vi) management of environmental protection laws, regulations, rules and regulations of administrative punishment right. Fifth article should delegate authority in writing the Harry Fox Agency is commissioned.
    Text of the power of attorney shall use uniform legal Affairs Office of the municipal government.
    Commission for a period of three years, should be entrusted to the expiration procedure.
    Sixth administrative law-enforcement agencies law enforcement officer in the execution of their duties, may exercise the following rights.
    (A) enter into the inspected unit or an on-site investigation or checked in accordance with the provisions of laws and regulations.
    (B) access, access or copy the units under inspection and check the information relating to the matter.
    (C) according to law by tapes and video (pictured) as means of obtaining relevant evidence materials.
    (D) imposition of administrative penalty according to law.
    (E) for violations involving tools, registration and preservation of items can be used as evidence.
    (F) other functions and powers provided by laws, rules and regulations.
    Article seventh on the need to impose a reduction or revocation of certificate or business license, shall be transferred to the principal organs according to law.
    Eighth article administrative law enforcement institutions implementation administrative punishment Shi, must comply with following provides: (a) strictly by delegate matters range within of about legal, and regulations and regulations implementation administrative punishment; (ii) strictly by administrative punishment method provides of program implementation administrative punishment; (three) administrative law enforcement instruments must using by this level Government confirmed of instruments; (four) using financial sector unified printed of fine receipt; (five) fine and confiscated of property all surrendered sibling financial.
    Nineth administrative law-enforcement agencies when implementing the registration and preservation of evidence, must comply with the following provisions: (a) to the parties by the Executive Heads of law enforcement agencies issued a notice and asked related departments to assist. (B) the evidence registered for keeping items, specify the name, type, size, number of items and the degree of integrity, by the undertaker and signed or sealed by the parties.
    Listing by law enforcement units and the party holds one copy.
    (C) register period not later than 7th.
    (D) the deposited to units and individuals were registered for keeping items, storage fees paid by the parties.
    Tenth administrative law-enforcement agencies law enforcement officer in the execution of their duties, should wear a sign of law enforcement, and Liaoning province, Dalian City Government issued by the Legislative Affairs Office of the administrative law enforcement certificates. 11th principal organs should strengthen the supervision of the entrusted organization exercising administrative penalty power.
    The Harry Fox Agency does not properly exercising the right of administrative punishment, should be ordered to correct in a timely manner; beyond delegated authority of the dire consequences of the imposition of administrative penalty, should be held directly responsible for the administrative responsibilities entrusted with the Organization in the context of delegated authority liable for the administrative penalty.
    Clients should seriously perform their duties, implementation of the responsibility system for administrative law enforcement, strictly within the scope of delegated authority the implementation of administrative punishments, entrusted to the supervision and periodic reporting to the principal organs; to the institutions in the context of delegated authority to make administrative punishment, assumed liability to recourse.
    12th administrative law enforcement officials for neglect, abuse, malpractice causes of violations are not corrected and processed in a timely manner, caused losses to the State and the interests of the people, by their work units to administrative sanctions constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
                                                                                                                        13th article of the regulations come into force on August 1, 2004.