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Wuhan Confiscated Property Management

Original Language Title: 武汉市罚没财物管理办法

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(Summit No. 141 of 22 April 2003)

Chapter I General
Article 1, in order to enhance the management of the immovable property, to ensure that the confiscation of property is in a timely and fully donated treasury, to preserve the legitimate rights and interests of citizens, legal persons and other organizations, and to develop this approach in line with the relevant provisions of the State, the province.
Article 2 applies to national jurisdictions in this city, administrative organs and laws with administrative penalties, administrative law enforcement organizations authorized by statutes, and the management of the property committed by law enforcement agencies (hereinafter referred to as law enforcement agencies).
The penalties referred to in the preceding paragraph are not vested in the fines charged by law enforcement authorities, the property confiscated by law and the property not returned by the law.
Article 3. The city's financial sector is the administrative authority responsible for the administration of property in the city. The financial sectors of the various sectors are responsible for the management of the property in the area in accordance with the financial management system.
The executive branch responsible for the management of the immunization of the property determined by the municipal, regional financial sectors.
The sectors such as audit, price and inspection should be managed in accordance with their respective responsibilities.
Chapter II
Article IV. Law enforcement agencies should introduce systems for the collection and custody of confiscated goods and for the non-return of residues under the law (hereinafter referred to as unused). Unused goods should be treated in accordance with the relevant provisions, the law enforcement authorities should be properly kept to prevent damage, shortage or variability.
Article 5 Law enforcement authorities should list and provide information, such as the relevant legal instruments, to the financial sector, and to inform the relevant law enforcement authorities in writing, respectively:
(i) The exclusive sale of goods such as golden and tobacco, alcohol, etc., to the People's Bank and the exclusive sales sector, respectively;
(ii) wildlife (vegetation) to be protected by national, provincial and municipal priorities, to be addressed by the administrative authorities of wildlife (vegetation);
(iii) Drugs, pesticides, seeds are referred to drug surveillance authorities and pesticides and seed administration authorities, respectively;
(iv) Dangerous items such as flammable, bleaching and radio, drugs, narcotics plants, prone toxic chemicals, firearms and ammunition, control of garbage, casca, espionage and spying, etc., are referred to public safety, national security sector, as prescribed;
(v) Illicit publications, illegal audio-visual products and unlawful movies, which are referred to the press publication and cultural administration authorities or are to be dealt with in accordance with public safety, national security sector;
(vi) The State shall prohibit the circulation of material to the administrative authorities of the material;
(vii) Land referred to the statutory land trading body as defined;
(viii) The laws, regulations, regulations and regulations are regulated by their provisions.
Article 6. Law enforcement authorities should deal in a timely manner with hard-to-life commodities and other negotiable and transcendant goods.
Article 7 concerned sectors of the penalties set forth in article 5 of this approach and the offences set forth in Article 6 shall be reported in writing to the financial sector within 10 days of the date of completion.
Article 8. The law enforcement authorities shall list the list of offences other than those listed in article 5 of this scheme, the offences listed in article VI, and the goods listed in article VI, on a case-by-case basis, the number, specifications, brands, and colours, which shall also be the subject of a photograph and be transmitted to the financial sector within 30 days from the date of the completion of the completion.
The financial sector should establish specialized premises for the proper custody of the goods. The construction and maintenance of the premises are funded from the financial budget; the management and use of the funds are developed separately by the municipal financial sector.
The financial sector imposes on the appropriate auctions, entrusts statutory accreditation bodies, price certification bodies with the identification, assessment, and then entrusts the auctioning body with the auction in accordance with the relevant provisions of the People's Republic of China's auction Act, and treats the price by reason of the price of the relevant sectors, such as price and quality.
Article 9 imposes penalties on the auction and shall be processed in a timely manner in accordance with the relevant provisions of the State.
Article 10 shall be treated in accordance with the following provisions as a result of the decision of the law enforcement authorities to impose penalties or a judgement error, which shall be returned to the parties by law:
(i) The failure of the material to be disposed of and kept by the law enforcement authorities shall be returned;
(ii) The transfer of raw material to the financial sector but has not yet been processed, and the transfer of raw material by the law enforcement authorities after verification by the financial sector;
(iii) The original penalty has been transferred to the financial sector and has been processed, and the law enforcement authorities have applied to the financial sector to deal with the provisions of the National Compensation Act of the People's Republic of China.
Article 11. The financial sector, the law enforcement authorities and other relevant departments (unitions) and their staff shall not be intrusive, relocated and privately punished.
Chapter III
Article 12. Forfeiture is a national budget fund. The financial sector, the law enforcement agencies and the banking-generation agencies (hereinafter referred to as the escrowing agency) should strengthen the management of the confiscation of the proceeds of confiscation in accordance with the provisions of both income and expenditure lines, with regular payment, catalysing and liquidation efforts, and ensure that the confiscation is made in a timely and fully donated country.
The scheme refers to the penalties charged by law enforcement agencies, the funds for confiscation and the non-return of confiscated funds under the law and the goods for confiscation, the price of the stolen goods, and the currency payments.
Article 13, in addition to fines that may be charged by the law at the time of the time, imposes on banks for collection in accordance with the principle of the separation of payments.
Article 14. The law enforcement authorities shall list and provide information on foreign currency forfeiture under the law, price securities, bank deposits, and relevant legal instruments, subject to the provisions of foreign exchange management, securities trading agencies and banks.
Article 15 imposes no financial price, exchange payments, and must be paid in full and in full, and any sector shall not conceal, inter alia, retention, misappropriation and seating.
Article 16 was transferred to the price of the stolen property as evidence, and the final law enforcement authority was required to surrender the country's bank.
Chapter IV Management of law enforcement funds
Article 17 requires law enforcement by law enforcement agencies, in accordance with the requirements of their functions, the financial sector, in accordance with the requirement of de-linkage from expenditure arrangements and forfeitures, is structured in the budget of the organ and is subject to a provision for clearance.
Article 18 Enforcement funds allocated by law enforcement agencies to the financial sector should be strengthened, with strict implementation of State-mandated expenditure and expenditure standards.
Chapter V Management of votes
Article 19 imposes a fine charged by law by law enforcement authorities for the payment of funds and sub-governing institutions, and must be issued by the financial sector for the purpose of unbalanced production or imprisonment.
The law enforcement authorities and the distributors must be held in possession of a licensee from the financial sector.
Article 20 of the law enforcement organs shall be subject to a provisional list of seizures by law, and a specialized financial management and custody system should be established for the purpose of the suspension.
Article 21, the law enforcement agencies and the escrow agencies should establish a system for the registration and distribution, use, payment, etc., which is responsible for the designation of persons to be in possession of accounts, evidence, money, goods. Unused instruments should be maintained in full and incorporated into the management of the corporate accounting archives.
The financial sector should establish a registry and a nuclear distribution system for the use of penalty orders by law enforcement agencies and distributors to monitor the use of punishment.
Chapter VI Oversight and inspection
Article 23. The financial sector should strengthen the oversight of enforcement agencies and distributing agencies in the implementation of the provisions of the regulation of the administration of impunity, and correct in a timely manner violations of the relevant laws, regulations, regulations and the provisions of this approach.
The financial sector, the law enforcement agencies and the generation agencies should strengthen their financial management and internal oversight and receive oversight and inspection in the relevant sectors, such as the audit.
Article 24 provides that citizens, legal persons and other organizations have the right to sue or complain on violations of the provisions of the regulation of the property. The relevant sectors, such as finance, audit, inspection, should receive complaints in a timely manner.
Article 25. The law enforcement agencies and the institutions and their staff have one of the following acts, which are dealt with by financial, audit, inspectorate, in accordance with the Budget Act of the People's Republic of China and the provisional provisions of the State Department for the penalties for financial violations, the provisions of laws, regulations and regulations that violate the administrative fees and forfeiture of income and expenditure provisions for administrative disposal in the management of the two line lines, and which constitute crimes are brought to justice by the judiciary:
(i) The establishment of a regulatory system for the sound imposition of penalties, resulting in serious damage, shortage, variability or forfeiture of goods;
(ii) No provision to deal with impunity;
(iii) To conceal, interdiction, misappropriation and punishment of entry;
(iv) The imposition of fines, confiscation of property shall not be subject to the imposition of penalties;
(v) Expropriation of or unauthorized purchases, private punishment of goods;
(vi) Other violations of the regulations governing the management of the property.
Chapter VII
Article 26 regulates the management of goods with no ownership and fines, and is implemented in accordance with the relevant provisions of this approach.
The question of the specific application of this approach is explained by the municipal financial sector with the Office of the Rule of Law of the People's Government.
The twenty-eighth approach was implemented effective 1 June 2003. The Vilhan Municipal Justice Act of 7 September 1991 was also repealed.