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Wuxi City Trial Measures For The Management Of Relative-Centralized Administrative Punishment Right

Original Language Title: 无锡市城市管理相对集中行政处罚权试行办法

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(Prelease No. 69 of 23 July 2003)

Chapter I General
Article I, in order to strengthen urban management, maintain urban order, improve the level and effectiveness of administrative law enforcement, protect the legitimate rights and interests of citizens, legal persons and other organizations, develop this approach in line with the National People's Republic of China's Administrative Punishment Act and the relevant laws, regulations, regulations and regulations.
Article 2, this approach applies to the extent of the area of the SAR.
Article 3 The Regional Urban Administration Administration Administration (hereinafter referred to as the Regional Law Enforcement Authority) is responsible for the relatively centralized administration of justice within the mandated jurisdiction. Administrative law enforcement agencies in the city, district urban management are entrusted by the same level of law enforcement and, in the context of their commission, administrative sanctions and administrative coercive measures.
Article IV. The Office of Urban Management, without Siem City Public Security Agency, works in collaboration with the Directorate of Law Enforcement to establish a pilot project for urban management that is relatively focused on administrative penalties.
The relevant executive organs, such as town, planning, parking, business, environmental protection, municipal public use, public safety, should be aligned with the law enforcement authorities' relatively centralized administrative penalties.
Article 5 Law enforcement authorities are relatively focused on the exercise of administrative penalties under the laws, regulations, regulations and regulations governing the management of sanitation in urban areas; exercise of the executive authority of urban planning, urban green management, business administration, environmental protection, municipal administration, public safety transport management laws, regulations, regulations and regulations.
Article 6. The administrative sanctions regime shall not be exercised by the relevant administrative law enforcement authorities after being relatively concentrated and the administrative sanctions decisions are null and void.
Article 7
Chapter II
One of the following acts should be responsible for redressing violations, adopting remedies that may detain operational tools in accordance with the need for warning and fine:
(i) Contrary to sewerage, inclination of wastewater, with a fine of up to €200;
(ii) According, sketching or unapproval of walls, posters, in urban buildings, facilities and trees, with a fine of up to 100 dollars per ten thousand dollars;
(iii) Synergies and windows for street buildings on both the roads of the urban area, slots, slots, slots, slots that hinder the conjuvenation of goods by fines of more than 100 dollars;
(iv) The imposition of a fine of up to €200,000 for the duration, manner, place of dumping of garbage and manure, in accordance with the prescribed schedule;
(v) Transport liquids, dispersal of cargo, cover, cause leakage, remains dispersed and, in line with the area of contaminated roads, impose a fine of up to US$ 10 per square metr per square meteor in conjunction with the level of pollution;
(vi) Insecure fences or insecure, parking sites are not collated in a timely manner and necessary coverage or after the completion of the construction site without the timely cleaning of a peaceful settlement site, the spoilage of the construction site and the impact on the city's congestion and sanitation, with a fine of more than $300,000;
(vii) The relevant liability units do not maintain the integrity of buildings and the construction of objects in accordance with the provisions and impose a fine of more than 1000 dollars;
(viii) A fine of up to 5,000 dollars for toxic hazardous waste garbage or arbitrary discharges and abandonment within the life garbage container;
(ix) The burning of waste such as trees and garbage in open and public garbage containers, with a fine of more than 200,000 dollars;
(x) The operator of the assessment point shall not maintain the surrounding sanitation and impose a fine of more than 200 dollars;
(xi) The motor vehicle bed in the city area with a fine of up to 500,000 dollars.
Article 9. Removal of vehicle pollution routes by means of corrective action, warnings and fines of up to €200,000, and the lack of timely cleaning of the place after the loading of the vehicle, affecting the sanitation sector, with the exception of liability to correct violations, immediately cleared and remedial measures, imposes a fine of up to $200,000.
Article 10 does not authorize the authorization of livestock livestock to affect the conjuvenation and sanitation of the city, imposes a period of time or forfeiture, and may impose a fine of up to 50 dollars per 100,000 yen.
Article 11 has one of the following acts to be responsible for the cessation of the violation, the liquidation, removal or other remedies, and fines:
(i) The unauthorized placement of expatriate advertisements, pamphlets, theatres and brands, affecting the city's intake, with a fine of over 5,000 dollars;
(ii) Releasing material on both sides of the streets and on public premises, arranging buildings, constructing or other facilities, affecting the city's congestion and imposing a fine of up to 50 dollars per day for the area of the offence;
(iii) The unauthorized removal of environmental sanitation facilities or the failure to dismantle environmental sanitation facilities in accordance with the approved programme are subject to a fine of up to 5,000;
(iv) The unauthorized opening of a commercial booth, the seating point, affecting the city's hosting, with a fine of more than 1000 dollars.
Article 12 is inclined at public sites, affecting the city's congestion, releasing the orders, giving warnings and imposing a fine of up to $200,000.
Article 13 does not meet urban profiling standards, buildings or facilities that are sanitation standards, either by law enforcement officers with the Planning Bureau for the period of time being upgraded or dismantled, and by the approval, by law enforcement authorities, the removal of buildings or facilities is subject to fines of up to 5,000.
Article 14. Various types of damage to sanitation and its subsidiary facilities are responsible for their rehabilitation and may be fined between 1 and 3 times the cost of the damaged facility.
Article 15 does not fulfil the obligation of cleaning in the area of health responsibility or does not complete the clearance, treatment of garbage and manure as prescribed by the provisions, order to correct violations, take remedial measures and give warning, and may impose a fine of up to $50 million.
Chapter III Urban planning management
Article 16, without the approval of the planning sector, has taken over the construction of buildings, constructions and other facilities in the city's or roads.
Article 17, without the approval of the planning sector, opened doors, windows, door-to-door renovations, unauthorized shops, affecting urban landscapes, releasing or dismantling deadlines and imposing a fine of up to 1000.
Article 18, Housing Small Zones, new villages, street booths without approval by the planning sector, unauthorized construction of buildings, construction or other facilities for the removal of deadlines.
Article 19 of this chapter provides for the removal of the perpetrators within a certain period of time; the removal of the perpetrators by law enforcement authorities.
Chapter IV
Article 20 contains the following actions that undermine urban greenization and one of its subsidiary facilities, correctives, warnings and fines of up to $50 million; and liability should be borne:
(i) Instructions in the green area, extractives and discounts, which undermine the use of wood;
(ii) dumping of waste such as garbage, building garbage and hazardous wastewater in urban green areas;
(iii) Beaching Okinawa, sinks on trees;
(iv) Other damage to urban greenization and its associated facilities.
Article 21 allows for the removal of logging, the interception of mangroves, the correction of orders, the warning and the imposition of more than five times the cost of losses.
Article 22 Changes or occupies in urban green areas, correctives, warnings and fines of up to 1000 square meters per square kilometre.
Article 23 allows for the opening of commercial service assessment points within the public green area of the city and its peripheral 20 munitions, for evictions or demolitions, resulting in loss and liability; for unobeyed management, for warning and for fines of up to 5,000 yen.
The offences set out in this chapter are committed in areas such as parks, landscapes, units and units, or in connection with archaeological trees, and are still governed by the relevant administration.
Chapter V
Article 24, in urban roads, in public places, in new villages and insecure markets, has no legitimate fixed operating place to carry out activities that are free of charge, ordering them to stop operating activities, may be seized, seized and seized of the property devoted to activities carried out without care, and, where appropriate, punished as follows:
(i) Confiscation of proceeds of illicit terrorism;
(ii) A fine of up to 500 dollars for operators engaged in personal operations. These penalties may be available only.
Article 25, in violation of the provisions on the control of noise, contains one of the following acts, a change of responsibility and a fine of up to $100,000:
(i) The use of high-profile broadcasters in business operations or other means of issuing high noise to solicit clients;
(ii) In the urban area, the use of high-profile broadcasters or the creation of an anti-polluting environment in service processing activities.
Article 26 burns in areas where population concentration and other areas requiring special protection under the law, oil crusts, rubber, plastics, leathers, garbage, and other toxic harmful fumes and malicious gas substances, and imposes a fine of up to US$ 20000.
Chapter VI
Article 27 has one of the following acts in the context of the urban road, the time limit is being changed and is punishable by a fine of up to 1000 dollars; the loss arises and the liability is vested under the law:
(i) unauthorized occupation or excavation of urban roads;
(ii) The unauthorized use of urban roads for advertising and posters;
(iii) Removal and caring at the bridge or at the hands.
Article 28 of the urban road prohibits the following acts:
(i) Be directly on the road mix of cements, concretes or other continuums;
(ii) The construction of buildings and constructions on the road of cities without authorization;
(iii) Orientation of access routes or changing the nature of urban road use;
(iv) Build, stoning, bullying or pollution, and eroding roads;
(v) In the absence of a protection fence and the necessary direction symbols and labels in the construction area;
(vi) Removal of sites in a timely manner after the expiry of the urban road or the excavation of urban roads;
(vii) Other damage to urban roads.
Article 29, which is one of the twenty-eighth acts, is in the light of the gravity of the period of time, the change of the time limit, the loss resulting in a legal liability, and may be fined according to the following criteria:
(i) In exceptional circumstances or resulting in the loss of more than 100 million dollars, a fine of up to 100 million dollars;
(ii) In the event of a general nature or resulting in the loss of more than 5,000 dollars, a fine of up to 5,000 dollars;
(iii) In the event of serious circumstances or resulting in the loss of over 5,000 dollars, a fine of up to €50 million.
Article 31 does not prohibit the release of non-modile vehicles in public places, giving a warning or imposing a fine of up to $5.
Chapter VII
Article 31 may organize law enforcement activities in priority areas, important activities and major events, in accordance with the provisions of the municipal authorities.
In accordance with article 32, the municipal law enforcement authorities, depending on the need for the harmonization of the law enforcement units in the area of movement control command, should be subject to regional law enforcement authorities, which are required to temporarily increase the number of law enforcement personnel, may be reported to the municipal law enforcement authorities for their movement.
In the process of administrative approval of the following:
(i) The establishment of outdoor advertising facilities and other facilities such as buildings, constructions or shops and lights at both the roads and public places in the urban area, and the municipal sector should follow the results of approval by the municipal law enforcement bureau;
(ii) The establishment of temporary markets and assessment points in urban areas, the creation of public advertising columns on both sides of the road, and the consequent approval of the municipal planning, business and other sectors should be replicated to the municipal law enforcement authorities;
(iii) With regard to the occupancy of roads in urban areas, the municipal public security, municipalities, etc., should be replicated to the municipal law enforcement authorities when approved;
(iv) The use of greenfields at both the urban road and the new village zones in urban areas, and the result should be replicated to the municipal law enforcement authorities after approval;
(v) The municipal government stipulates that other matters should be brought to the municipal law enforcement authorities.
In matters other than the preceding paragraph, the relevant authorities of the city are of the opinion that they need to be reproduced to the municipal law enforcement authorities; the municipal law enforcement authorities need to be informed of the uncollected matters, which may be directed to the relevant sectors of the city; and the relevant municipal authorities should cooperate in a timely manner.
In the course of law enforcement, the Municipal Law Enforcement Bureau found that administrative offences fell within the scope of punishment in the municipalities, planning, parking, business, environmental protection, municipal public administration and public safety, and should be informed in a timely manner about the administration.
Administrative offences are found in the law enforcement process in the municipalities, planning, parking, business, environmental protection, municipal public use, public safety, etc., and should be promptly informed of the law enforcement authorities.
In the case of the Enforcement Bureau, it was found that the case might involve compensation and that the relevant administration should be informed in a timely manner.
The law enforcement office should inform the relevant administration without notice that the liability of the offender should be borne by the law enforcement authorities.
Chapter VIII Enforcement and oversight
Article 36 should uphold fair law enforcement, civilization law enforcement, strict enforcement of administrative sanctions in accordance with the National People's Republic of China's Administrative Punishment Act and the relevant laws, regulations and regulations, and ensure that administrative sanctions decisions are clear, substantiated and applied in accordance with the right, procedural legitimacy and content.
Article 37 should establish a regular exchange of administrative law enforcement officials, a rotation system, the introduction of administrative law enforcement responsibilities and a review of the examination system, the improvement of the level and efficiency of administrative law enforcement and public administration.
Article 338 of the municipal law enforcement authorities found that district law enforcement authorities should be uncovered with respect to administrative offences and should be responsible for their determination under the law and, if necessary, direct investigation; it was found that district law enforcement authorities were wrong to investigate administrative offences and should be responsible for their corrections.
Article 39 requires administrative law enforcement personnel to be eligible for training examination. The execution of official duties should be carried out in a uniform manner, with a unified law enforcement mark and producing effective law enforcement documents.
Article 40 imposes penalties on the same offence in violation of a number of penalties under this scheme.
The imposition of fines on administrative offenders shall be punishable by law.
Article 40 states that citizens, legal persons or other organizations do not determine the administrative penalties imposed by the municipal law enforcement authorities, may apply to the municipalities for administrative review; administrative penalties imposed by the District Law Enforcement Authority may be applied to the Government of the people of the region for administrative review or for administrative review.
Civil, legal or other organizations may initiate administrative proceedings before the People's Court in accordance with the law.
Any unit or person in article 42 refuses, obstructs the performance of administrative law enforcement officials by law, does not constitute a crime, which is punishable by law by public security authorities; constitutes an offence and is held criminally by law.
Article 43 imposes administrative penalties, in one of the following cases, and, in the light of the gravity of the circumstances, criticized education, reassignment or administrative disposition by the competent and other direct responsible persons directly responsible, in the event of a serious offence, by law:
(i) There is no statutory basis for administrative sanctions, and it is unauthorized to change the types of administrative penalties, scales or violations of statutory administrative sanctions procedures;
(ii) Secrete, private or transcend private fines, proceeds of confiscation or property;
(iii) Administrative law enforcement officials play a role in jeopardizing, punishing violations that should be stopped and punished, causing the legitimate rights, public interest and social order of citizens, legal persons or other organizations to be harmed.
Chapter IX
Article 44