Benxi Separation Of Penalty Decisions From Collection Of Penalty Provisions

Original Language Title: 本溪市罚款决定与罚款收缴分离规定

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(Released September 5, 2002, Benxi City people's Government, the 90th), first for the promotion of a clean and honest Government, ensure the administrative enforcement of public justice, strengthen the supervision of fine collection efforts, guarantee the confiscated money turned over to the State Treasury in a timely manner, according to the separation of penalty decisions from collection of penalty implementation measures for Liaoning province, and the separation of penalty decisions from collection of penalty provisions of the implementing rules, based on actual city, these provisions are formulated.
    Article mentioned in the present provisions of separation of penalty decisions from collection of penalty (hereinafter referred to as separation of penalty payment) refers to contributions to the administrative law enforcement departments to make the decision on administrative penalty and release notifications, but does not directly collect fines (including confiscation of funds, the same below), specified by the financial sector collection agencies collect and remit the specific administrative act on the public purse.
    Administrative law-enforcement departments in these rules means any laws, regulations, regulatory terms provided with authorized law enforcement, law enforcement and delegate eligibility, and the organs, organizations and units of the confiscated permit.
    References included in this article-level budget administrative law enforcement departments make a penalty payment of separation and related activities are governed by these provisions. Fourth City Department of finance is the city penalty payment of separation of administrative departments.
    Municipal administration of charging penalty payment of separate management functions of the specific exercise of the Municipal Finance Bureau and has specific responsibility for the implementation of this provision.
    Legislative Affairs Office of the municipal government, municipal supervision Bureau, the municipal auditing Bureau and other relevant departments responsible for monitoring the implementation of the regulations.
    Fifth penalty payment of separation in accordance with administrative law-enforcement departments and implemented specific batches of confiscated items.
    Batches for penalty payment of separation of administrative law-enforcement departments and confiscated items proposed by the Legal Affairs Office of the municipal government and the municipal administration of charges, reported to the municipal government for approval, shall be announced to the community.
    Notice for penalty payment of separation of administrative law-enforcement departments shall not refuse to enforce these provisions. Sixth article has following case one of of, not implemented penalty paid separation: (a) law give 20 Yuan following fine of; (ii) law spot made fine decided, as not spot collection fine after to implementation of; (three) in remote, and water Shang and traffic inconvenience of area, administrative law enforcement sector and law enforcement personnel in accordance with People's Republic of China administrative punishment method 33rd article of provides made fine decided Hou, party to specified of generation received institutions paid fine does have difficult, by party proposed,
    Administrative organization for law enforcement and law enforcement officers to collect fines on the spot; (d) the auction or sell kind of payment of a fine. Confiscated items that match specified in the preceding paragraph, by the administrative law-enforcement departments, Legal Affairs Office of the municipal government municipal fees after approval from the Council, but implementation of separation of penalty payments.
    But administrative law-enforcement departments must charge a fine day (special case can be delayed until the next day), fines will be charged to pay financial penalties remitted or its designated collecting body shall not be withheld, misappropriated, sit.
    Article seventh and confiscated money, charges, collection agencies and collection by the authority and the people's Bank of China branch in downtown Benxi Liaoning province, according to the decision the conditions laid down in the implementing rules for the separation and collection of fines, according to the needs specified in the financial institutions and to the public.
    Collection agencies must be in a fine collection of notable spots "a fine collection" tag.
    Eighth municipal administration of fees, the imposition of the penalty payment of separation of administrative law-enforcement departments, three collection agencies must sign agreement for collecting fines.
    Collection of fine agreement form and content by the legal Office of Liaoning province, and the municipal administration of fees in accordance with the decision and relevant provisions of the implementing rules for the separation and collection of fines set. Collection agencies and law enforcement agencies should establish a system of regular feedback.
    Administrative law enforcement departments issue penalty notices within 2nd of informed the collection agency, collection agencies should be informed within the 15th penalty payment to the administrative departments for feedback.
    Nineth of municipal authority on charges of collection agencies collection business oversight, guidance, and to collection agencies, administrative law-enforcement departments to provide receipts, business notes and related materials, instruction collecting agency contributions to the Treasury.
    For penalty payment of separation of administrative law-enforcement departments shall provide the collecting bodies of fine instruments data and check the collection of fines and collecting agencies accounts and related notes and materials.
    Collection agencies must be in front of the 5th day of each month, of the fines income summary reports prepared last month and submitted to the municipal administration of charges, and check with the Treasury, administrative law-enforcement departments to a fine collection of accounts.
    Article tenth City Department of finance quarterly 5 per thousand of the total collection of fine paid to collection agencies to collect fines fees.
    After 11th administrative law enforcement departments to make an administrative decision on a fine, must be punished and the parties issue the written decision of administrative penalty and the notice of penalty payments.
    The penalty payment notice must set forth the administrative law enforcement department names names, and confiscated money, law enforcement personnel and time basis, the amount of the fine, penalty, contributions of specified locations, payment time limits, plus a fine, and so on. 12th be punished parties issued by the administrative departments of the written decision of administrative penalty and the notice of penalty payments, within the specified time limit to the fine collection of contributions.
    The collecting body shall, based on the decision on administrative penalty fines provided for in book review, collection, plus penalty may refuse or on its own initiative.
    13th on overdue fines are punishment the party, the collecting body shall, in accordance with the specific provisions of the written decision of administrative penalty and fines plus fine.
    Party refused to pay the overdue fines are penalties, make administrative punishment decision of administrative law-enforcement departments to take compulsory administrative measures or apply to a people's Court for compulsory execution. Article 14th collection of fines should be punished after a charge of client certificate with a special seal of the collection of receipts.
    Was punished by the parties of the collection of receipts to the administrative law-enforcement departments for processing.
    15th Municipal Finance Bureau in collecting agency fines remitted account, fines remitted a zero balance accounts, collected and confiscated money shall be transferred on the same day the State Treasury.
    Article 16th party not satisfied with the decision of punishment, should pay the fine, and then apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    17th article has following case one of of, by made fine decided of administrative law enforcement sector to city finance application, by city finance review approved Hou, issued refund notice from Treasury back pay: (a) wrong paid or more paid fine of; (ii) administrative reconsideration decided revoked administrative punishment decided or reduced fine amounts of; (three) Court ruling revoked administrative punishment decided or reduced fine amounts of.
    Collecting bodies from a fine straight back in the wrong collection, excessive fines.
    Article 18th penalty paid after the separation, the fines collected by the City Department of finance management and accounting, administrative law-enforcement departments can set up accounts for future reference.
    Fine receipt settlement procedures for the management, use and collection of fines in accordance with state finance, the people's Bank of China the fine collection of payment provisions of that regulation. 19th article administrative law enforcement sector has following case one of of, according to 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, by city finance with monitored organ on directly responsibility people and competent led give administrative sanctions: (a) refused to implementation fine decided and fine collection separation, ordered corrected, still refused to corrected, plot serious of; (ii) without approved, unauthorized expanded spot fine standard and expanded not implementation "
    Penalty payment of separation "range; (c) the administrative law-enforcement departments commissioning collecting fines without authorization, or establish a fine transition accounts in banks and financial institutions without authorization, and (iv) are withheld, misappropriated, fine revenues; (v) charge confiscations are not complying with the provisions in full and in a timely manner turned over to the State Treasury or financial penalties remitted account.
    Article 20th penalty paid after the separation, the administrative law-enforcement departments must strictly enforce the law, impunity, arbitrary penalty relief shall not be fined.
    At all levels of the legal system, monitoring, financial departments should strengthen the penalty payment of separation of administrative law enforcement supervision and management, and no punishment for punishment according to law or arbitrary penalty Relief Act, should be held responsible for administrative responsibilities.
    21st article generation received institutions not perform Agreement agreed obligations, has following case one of of, by city finance and people's Bank of China Benxi Downtown branch revoked its generation received qualification: (a) no due reason rejected fine of; (ii) itself added received or reduced fine income of; (three) occupied, and misappropriated generation received fine income of; (four) directly from fine income in the rushed back wrong received, and more received fine of.
                                                                    22nd article of the regulations as of the date of promulgation.