Interim Provisions For Comprehensive Urban Management Enforcement

Original Language Title: 济南市城市管理综合执法暂行规定

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(July 14, 2003 Standing Committee of the Jinan municipal people's Government for the 4th consideration by Government order No. 207, Jinan on July 25, 2003 published) first to strengthen urban management, in accordance with the People's Republic of China on administrative punishment law and the Legislative Affairs Office of the State Council concerning the power of relatively concentrated administrative punishment, Jinan City, Shandong province, pilot of the reply of the, combined with the city's actual, these provisions are formulated.
    Provisions of this article apply, lixia, city, huaiyin, flyovers, licheng, Changqing district and within the scope of comprehensive urban management enforcement in high-tech development zone.
    Article municipal Bureau of city administration of comprehensive urban management enforcement in charge of the city, responsible for organizing the implementation of these provisions, and be responsible for scheduling, organizing a citywide special and significant urban management enforcement activities.
    District Administration in accordance with the Division of duties, is responsible for law enforcement within their respective jurisdictions, law enforcement receiving municipal Bureau of city administration's leadership.
    City management police detachment meet municipal Bureau of city administration of comprehensive urban management enforcement work.
    IV article integrated law enforcement organ of law enforcement range is: (a) is responsible for exercise city sanitation management aspects of legal, and regulations and regulations provides of administrative punishment right, demolition not meet city looks standard, and sanitation standard of buildings or facilities; (ii) is responsible for exercise city environmental protection management aspects of legal, and regulations and regulations provides of on social life noise pollution, and building construction noise pollution of administrative punishment right, on diet services fume pollution and mess sewage water effect city environment of administrative punishment right;
    (Three) is responsible for exercise business administration aspects of legal, and regulations and regulations provides of on no as vendors of administrative punishment right; (four) is responsible for exercise police traffic management aspects of legal, and regulations and regulations provides of on occupation road of administrative punishment right; (five) is responsible for exercise City Green, and planning, and municipal public, and civil defense, and property management, and building management, and development demolition management about legal, and regulations, and regulations provides of administrative punishment right; (six) is responsible for City Government assigned by of other matters.
    Fifth after the relatively centralized administrative punishment right, the relevant administrative departments shall not exercise centralized exercise of administrative punishment right by the law enforcement organs still exercise, make a decision of administrative penalty shall be invalid.
    Sixth omnibus law enforcement agencies should carry out administrative law enforcement responsibility, law enforcement examination and enforcement system for assigning blame, established regular exchange rotation of law enforcement personnel, supervision and inspection system and improve the level of law enforcement.
    Article seventh city, area law enforcement agencies should set up telephone hotlines and to the public.
    Citizens, legal persons or other organizations to report violations, within the mandate of the genus, should be investigated according to law; is outside the terms of reference, shall inform the informers.
    Eighth law enforcement authorities and relevant competent administrative departments shall establish an information network system of liaison and Coordination Conference, coordinating and solving major issues in law enforcement.
    Nineth comprehensive law enforcement agency in the course of law enforcement, found related to the functions of the Administrative Department shall be informed in a timely manner or transferred to the relevant administrative departments; relevant administrative departments in the management of work, comprehensive law enforcement responsibilities are identified, inform or transferred to the law enforcement organs investigated and dealt with.
    Comprehensive law enforcement agency or relevant administrative departments shall not refuse without good reason to which a case, and shall from the date of making a decision on 5th information transferred to the authority.
    Tenth administrative authority approval and licensing matters, management needs to be integrated in matters of administrative punishment by law enforcement agencies, shall, within 5 working days to inform law enforcement authorities.
    Comprehensive law enforcement agencies made the decision on administrative penalty, shall be notified within 5 working days within the relevant administrative departments.
    11th law enforcement authorities should adhere to the principle of combining punishment with education, and consciously abide by citizens, legal persons or other organizations.
    Integrated decision for administrative penalty from law enforcement organs should be clear facts and evidence, there is a statutory basis and in accordance with the statutory procedures of committing minor and correct, no administrative penalties.
    12th comprehensive law enforcement agency staff in the implementation of their duties must wear uniforms, wearing uniform enforcement logo, when law enforcement officers investigate violations shall be not less than 2, and must produce a certificate of administrative law enforcement, description of the enforcement authority and reason.
    13th law enforcement officials found violations, shall be ordered to correct, cannot be corrected on the spot, ordered to rectify, refusing to desist from the illegal act, it may withhold its use of tools and materials. 14th law enforcement personnel to withhold goods must be registered, included with the list, check and seal by the parties, to withhold goods shall keep, and report to the person in charge, dealt with according to law.
    To withhold property losses caused, compensation shall be.
    15th composite law enforcement agencies investigate and deal with cases of illegal, need relevant competent administrative departments or technical appraisal is needed, should send the relevant administrative department in charge or relevant technology to identify bodies found and identified.
    16th when sanctions enforcement agencies are combined, you have to use fine instruments made by the financial departments, and confiscated money shall be unified payment of municipal finance department designated banks.
    Law enforcement officers to collect fines on the spot, must be issued to the parties of the receipt to collect fines on the spot, do not issue receipts, parties have the right to refuse to pay the fine.
    Law enforcement officials collect fines on the spot, shall from the date of collecting fines within the 2nd to law enforcement authorities; law enforcement organs should be fine in the 2nd payment of finance designated by the Bank.
    17th District comprehensive written decision of administrative penalty from law enforcement authorities, should be made within 3 working days from the date, the type of cases submitted to the municipal law enforcement authorities for the record. 18th party who refuses to accept the decision on administrative penalty to area law enforcement agencies, may apply to the district or municipal law enforcement authorities administrative review party on the evaluation of the city refuses to accept the decision on administrative penalty from law enforcement agencies can apply for administrative reconsideration to the municipal people's Government, the party may also directly Institute administrative litigation in the Court.
    Party fails to apply for reconsideration or bring a lawsuit, nor performs the decision of administrative penalty, made the decision to apply to the people's Court for compulsory execution.
    19th City law enforcement agencies we find that area law enforcement agencies for violations should be investigated and dealt with without investigation, investigation or it shall order directly by municipal law enforcement agencies to investigate and hold accountable those responsible administrative responsibilities.
    20th comprehensive administrative enforcement of the law enforcement agency shall be subject to the people's Governments at the corresponding level monitoring Department, supervision of the legal system, enforcement staff of the enforcement acts in violation of the parties has the right to monitor complaints, exposures or legal bodies.
    21st law enforcement officers should be impartial, honest and diligent, dereliction of duty, abuse of authority or engages in law enforcement constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.
    22nd article in each County (City) of comprehensive urban management enforcement by reference to these regulations.
                                                                                                                              23rd these provisions come into force on August 1, 2003.

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