Wuhan Confiscated Property Management

Original Language Title: 武汉市罚没财物管理办法

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(April 14, 2003, Wuhan municipal people's Government Executive meeting considered by Wuhan municipal people's Government on April 22, 2003 the 141th release) Chapter I General provisions article in order to strengthen the management of confiscated property, in full assurance and confiscations, turned over to the State Treasury, maintaining the lawful rights and interests of citizens, legal persons and other organizations, according to the relevant regulations of the State, province, combined with the city's actual, these measures are formulated.
    Second approach applies to the national judicial authorities of the city, has the administrative authority of administrative penalty and laws and regulations authorized by the law enforcement agencies of Executive Organization and entrusts (hereinafter referred to as law enforcement authorities) confiscated property management.
    Confiscated property referred to in the preceding paragraph, refers to the law enforcement authorities charged fines or confiscated property and illicit money and goods that are not returned in accordance with law. Third municipal finance department is the management of confiscated property Administrative Department.
    District financial department according to the fiscal management system is responsible for the management of confiscated property in the area.
    City and district financial department confiscated property management agency has specific responsibility for confiscated property management.
    Audit, prices, monitoring departments shall, in accordance with their respective responsibilities, good management of confiscated property. Chapter II confiscation of materials management and processing of the fourth law enforcement authorities confiscated goods and not in accordance with law for the return of stolen goods (hereinafter referred to as confiscated materials) should carry out the separation of collection and storage systems.
    Before the disposition of confiscated goods in accordance with the relevant provisions, law enforcement agencies shall keep, and protected from loss, shortage or deterioration. Fifth article law enforcement organ on following confiscated material should listed listing and provides related legal instruments, information, submitted financial sector, by financial sector respectively written notification about law enforcement organ by following provides processing: (a) pure gold and silver and tobacco, and wine class, monopoly products respectively referred to the people Bank and monopoly sector by provides processing; (ii) national, and province, and city focus protection of wild moving (plant) real referred to the wild moving (plant) real administrative competent sector by provides processing; (three) drug, and pesticide, and Seed respectively referred to the drug supervision management sector and pesticide, and seed administrative competent sector by provides processing; (four) flammable easy burst, and toxic, and radioactive, dangerous items, drug, and drug original plant, and easy business HIV chemicals, guns ammunition, and control tool, and gambling, and spy dedicated equipment,, referred to the police, and national security sector by provides processing; (five) illegal publications, and illegal audio and illegal movie copies, respectively referred to the news published and culture administrative competent sector or by its with police, and national security sector by provides processing
    (Vi) the country prohibited cultural relics handed over to the cultural relics Administrative Department in accordance with the regulations; (g) the bodies are handed over to the legal land transactions in accordance with the regulations; (VIII) otherwise provided by the laws, rules and regulations, according to the regulations.
    Sixth law enforcement agencies for fresh goods and other perishables, perishable items should be dealt with according to law in a timely manner.
    Relevant departments of the seventh on the way to fifth, sixth confiscated materials listed in section, shall end within 10th of the results submitted to the Finance Department in writing for future reference.
    Eighth law enforcement organs on the way to fifth, sixth confiscated confiscated material other than material listed in section should list each indicate the name, quantity, size, brand, color, valuables should also feature descriptions and photographs, within the closing date of 30th together with the relevant legal instruments and the confiscation of materials submitted to the financial sector. Financial departments should set up a special place for safe keeping confiscated goods.
    Venue construction expenditures in the budget and keeping funds from funds management and measures shall be formulated separately by the financial Department of the city.
    Financial departments for auction of confiscated goods, commissioning legal identification, price certification bodies for identification, assessment, and auction institutions according to law, the People's Republic of China auction law the relevant provisions of the auction not suitable for auction of confiscated goods, together with price, quality supervision Department quality pricing, price.
    Nineth auction of confiscated material needs to go through the relevant property changes to procedures, relevant departments shall, in accordance with relevant regulations of the State in time. Tenth article for law enforcement organ made confiscated material of punishment decided or judgment errors, original confiscated material should law returned party of, in accordance with following provides processing: (a) original confiscated material yet processing and by law enforcement organ custody of, by law enforcement organ returned original; (ii) original confiscated material has transfer financial sector but yet processing of, by law enforcement organ proposed application, reported Treasury door verified Hou returned original; (three) original confiscated material has transfer financial sector and has processing of, by law enforcement organ to financial sector proposed application,
    In accordance with the People's Republic of China on State compensation law regulations.
    11th fiscal departments, law enforcement agencies and other relevant departments (units) and their staff may appropriate, Exchange, distribute confiscated goods. Chapter III administration of confiscations 12th confiscations are funds from the State budget.
    Financial departments, law enforcement agencies and Bank collecting payment institutions (hereinafter referred to as collection agencies) should be in accordance with the provisions of the two lines of income and expenditure, and strengthen the management of confiscations, ledger, reminders, and liquidation regularly, in full assurance and confiscations, turned over to the State Treasury.
    Confiscations in these measures refers to law enforcement agencies legally collected fines, confiscation of funds and legally not be refunded the money, confiscated materials, price, payment of the booty.
    13th article apart from the spot to take a fine, confiscation of income in accordance with the principle of separation of penalty decisions and payments, Bank to collect payment.
    14th law enforcement agencies confiscated by foreign currency, securities, bank deposits should be a list and provide information on related legal instruments, submitted to the approval of the financial sector, by the financial Department jointly with the administration of foreign exchange, securities trading and banking institutions in accordance with the regulations.
    15th confiscated property price, payment, in full, must be turned over to the State Treasury, no Department shall not conceal, withhold or misappropriate, sat.
    16th with the case as evidence of the illicit money and goods change price, up to the last completed law enforcement authorities turned over to the State Treasury according to stipulations.
    The fourth chapter law enforcement management of funds article 17th requirements for law enforcement agencies, according to their needs to fulfil its functions by the financial sector, as provided for in spending arrangement decoupled from the confiscations, in that organ, in the Department's budget and manpower arrangement according to regulations and audits disbursement.
    18th law enforcement bodies of the financial sector to allocate funds management should be strengthened, strict implementation of national scope and expenditure standards.
    Fifth chapter management section 19th legally collected by law enforcement agencies confiscated property and collection agency fines must be printed or issued by the financial sector supervised foreclosure Bill.
    Law enforcement agencies receive confiscated and collecting bills, must hold a ticket purchased license issued by the financial sector.
    20th-enforcing authorities temporarily seized property, issued shall be temporarily suspended list of temporarily seized property, shall establish a specific system of financial management and custody. 21st law enforcement agencies and collecting institutions should establish a sound internal foreclosure bills receive registration and issuance, use and cancellation system, specify the person in charge, accounts, certificates, and match.
    Foreclosure Bill stub should remain intact and incorporated into the accounting file management.
    22nd financial departments shall establish and perfect the confiscated notes using registration and issuance systems, law enforcement agencies confiscated notes and collecting bodies for supervision and inspection.
    Sixth chapter financial departments should strengthen the supervision and inspection of the 23rd law enforcement and collection agencies confiscated property management supervision and inspection provisions, promptly correct violations of the relevant laws, regulations and rules and these rules of behavior.
    Financial departments, law enforcement agencies and collecting institutions should strengthen their financial management and internal control, auditing, supervision and inspection of the relevant departments. Article 24th of citizens, legal persons and other organizations the right to violate the administration of confiscated property provisions of the report or complaint.
    The financial, auditing, monitoring and other relevant departments shall receive reports or complaints in a timely manner. 25th article law enforcement organ and generation received institutions and staff has following behavior one of of, by financial, and audit, and monitored sector in accordance with People's Republic of China budget method and State on violation financial regulations punishment of provisional provides, and violation administrative career sex charges and confiscated income payments two article line management provides administrative sanctions provisional provides, about legal, and regulations of provides be processing; constitute crime of, drew attention to the judicial organ law held criminal: (a) not by provides, established sound confiscated property management system
    , Caused confiscated material serious damage, and shortage, and metamorphic or confiscated income serious loss of; (ii) not by provides processing confiscated material of; (three) hide, and interception, and misappropriated, and sat support confiscated income of; (four) implementation fine, and confiscated property Shi not by provides using confiscated notes of; (five) occupation or unauthorized low price purchase, and privately confiscated material of; (six) other violation confiscated property management provides of behavior.
    The seventh chapter supplementary articles article 26th bona vacantia and offset the fine material management, reference to the relevant provisions of the measures.
    27th to specific problems in the application of these measures, interpreted by the Municipal Finance Department in conjunction with the Legislative Affairs Office, people's Government. 28th article of the rules take effect on June 1, 2003.
              On September 7, 1991, Wuhan municipal people's Government released the confiscated property and the abolition of administrative measures on the recovery of illicit money and goods at the same time.

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