Anshan Separation Of Penalty Decisions From Collection Of Penalty Measures On The Supervision And

Original Language Title: 鞍山市罚款决定与罚款收缴分离监督管理办法

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(September 20, 2002, Anshan City Government consideration at the 110th general meeting on October 22, 2002, Anshan city people's Government announced the 133th) first in order to strengthen the supervision and management of fine collection efforts, standardize administrative law enforcement, protect legal rights of natural persons, legal persons and other organizations to ensure revenue from fines in full and turned over to the State Treasury in a timely manner, improve the investment environment and promoting clean government, in accordance with the People's Republic of China on administrative punishment law and the State of the
    Separation of penalty decisions from collection of penalty implementation measures, based on actual city, these measures are formulated.
    Article within the administrative area of the city made penalty decisions, implement a fine collection and related activities governed by this approach. Article III administrative law enforcement agencies who will have administrative penalty according to law, and laws and regulations authorize the administrative punishment of organizations and organizations entrusted with the exercise of the power of administrative penalty according to law (hereinafter referred to as administrative law enforcement organs) collects the fine institution (hereinafter referred to as collection agencies) separation. Penalties received the written decision of administrative penalty and fined after a demand notice, shall be paid to a specific collecting agency fines, administrative law enforcement organs and their staff shall not collect fines on their own.
    Can collect fines on the spot, except as provided herein.
    Article fourth penalty must be turned over to the State Treasury, any administrative law enforcement organs and administrative law enforcement personnel shall not in any form of interception, distribute or misuse, misappropriation. Fifth of municipal or County (City), the financial sector is a fine decision and collection of fines separation of authorities.
    Anshan city toll authority (hereinafter referred to as Management Department) commissioned by the municipal finance department specific implementation decision and collection of fines separation of supervision and management, and is responsible for the counties (cities), confiscated for business management guidance.
    People's Bank of China in the city and County (City) branch is responsible for the collecting agency supervision.
    Audit, monitoring bodies and government legal agencies according to the fine decided to conduct supervision and collection of fines separation.
    Article sixth network management of separation of penalty decisions from collection of penalty by the supervisory authorities, finance (from management) sector, legal institutions and regulators implement dynamic supervision and management of the Municipal Government to determine.
    Decision data input by the collecting agency computer (except in the cases you can collect fines on the spot).
    Article seventh administrative law-enforcement agencies impose administrative penalties should apply general or summary proceedings, no arbitrary law enforcement, ensure that fines commensurate with the illegal plot.
    When using general sanctions procedure, administrative law enforcement organs, law enforcement officials shall not less than two persons, otherwise, punishment has the right to refuse to pay the fine.
    Eighth law, regulations and fines provided for in Regulation no lower or more than twice times between upper and lower limits, related administrative law enforcement organs must be based on an offence seriousness to develop specific standards of fine, after examination by the Government legal organization, reported to the supervisory authorities, finance (from management) sector, and regulatory filings of the Municipal Government to determine.
    Nineth administrative law enforcement organs to natural persons sentenced to more than 50 fines, more than 1000 Yuan fine for legal persons and other organizations, it should be signed by the head of the administrative law enforcement organs; to the intricate plot or to natural persons sentenced to more than 1000 Yuan fine, and more than 10,000 yuan fine for legal persons and other organizations, it should be decided collectively by the administrative law enforcement organs.
    Tenth administrative law enforcement agencies implement the administrative penalty, should issue a decision on administrative penalty to the person penalized and produced by the City Management Bureau a demand notice of fines.
    Written decision of administrative penalty shall, in accordance with the People's Republic of China on administrative punishment law 39th article complete.
    Penalty payment notice shall contain the following particulars: (a) the party's name, address, (ii) the fine illegal facts and basis; (c) the collection agency's name and address; (d) the fine amount and payment period (v) made the decision of the administrative law-enforcement agencies name and name of administrative law enforcement personnel.
    When the 11th person penalized to pay the fine shall be made to the collecting agency issued the decision on administrative penalty and fines a demand notice.
    Generation received institutions in charged fine of while, should will administrative punishment decided book and fine contributions notification single in the by column following content entered computer: (a) party of name or name, and address; (ii) illegal facts and fine according to (with code entered); (three) fine amount; (four) made punishment decided of administrative law enforcement organ name and administrative law enforcement personnel name; (five) made fine decided of date.
    Collection agencies should be required to enter, should not be omitted.
    12th the collecting body shall meet the following conditions: (a) the agent payments business of commercial banks and credit unions, (ii) branches within their respective administrative areas have greater coverage; (c) in the opening hours, facilities for parties, payment procedures, providing facilitation services; (d) strong accounting skills and the ability to check their accounts in a timely manner. By the city and County (City), the financial district people's government organizations (from management) Department, people's Bank of China local branches choose one or two meet the requirements of commercial banks or other financial institutions as the collecting body to collect bodies in accordance with the principles of convenience collection network (collectively referred to collection agencies).
    Finance (from management) in conjunction with the collection agency collecting fine agreement signed in accordance with these regulations.
    13th collection of fine agreement should include the following: (a) financial (from management) Department, collection agency name; (b) the collection of fine paper use, delivery and management; (c) the collection of fine remitted time and reconciliation; (iv) the quality of service requirements for collection agencies and (v) for breach of contract. Article 14th collection agencies when imposing penalties, shall perform the following obligations: (a) as identified in the written decision of administrative penalty for the amount of the fine imposed a fine and issue a special fine paper.
    No due reason shall not rejected was punishment people paid of fine; (ii) on late paid fine of was punishment people, administrative punishment decided book contains Ming added at fine of, according to late days calculation added received fine amounts and and fine while charged; administrative punishment decided book no contains Ming added at fine of, shall not itself added received fine; (three) according to generation received fine agreement of provides to administrative law enforcement organ and financial (charges management) sector timely passed related notes;
    (D) collecting fines within 48 hours of pay to finance (management) designated fiscal accounts (statutory holidays will be rescheduled); (v) the wrong charge in the collection of fine or extra fine, not rushed back directly from the revenue from fines. 15th article administrative law enforcement organ and law enforcement personnel in implementation administrative punishment Shi, has following case one of of, can spot collection fine: (a) law sentenced 20 Yuan following fine of; (ii) law applies simple program made fine decided, not spot collection fine after to implementation of; (three) in remote, and traffic inconvenience of area, administrative law enforcement organ and law enforcement personnel in accordance with People's Republic of China administrative punishment method 33rd article, and 38th article of provides made fine decided Hou,
    Collection agency to pay the fine to the specified by the parties is difficult, put forward by the parties, administrative law-enforcement agencies and law enforcement officers to collect fines on the spot; (d) auction, sell the kind of payment of a fine.
    Do not fall within one of the above circumstances, administrative law enforcement organs and its punishment by law enforcement personnel shall not be fined to pay separation, punishment has the right to refuse to pay the fines on the spot.
    16th administrative law enforcement organs and their personnel shall be collected on the spot fines must be collected within 24 hours of the date to the financial sector, the Finance Department shall, within 24 hours after receipt of fines paid to the designated collection agency. Article 17th collection agencies or administrative law enforcement organs and when law enforcement officers to collect fines, should be prepared and issued by the provincial financial sector notes with that year, and stamped.
    Does not use the term paper and paperless penalty of punishment, punishment has the right to refuse to accept the punishment. 18th finance (management) departments, administrative law enforcement organs and the collecting agency should reconciliation on a regular basis.
    Administrative law enforcement organs, the collecting body shall cooperate with the financial (from management), auditing and supervision departments to carry out supervision and inspection work, to provide truthful information.
    Article 19th due to a specified collection agency to pay the fine was punishment of people, made the decision on administrative penalty of administrative law-enforcement agencies can add a fine on a daily amount of 3% fine and lawful seizure, freezing, seizure or other compulsory administrative measures or apply to a people's Court for compulsory execution, implementation costs borne by the person subjected to execution.
    Punishment fails to pay the fine, administrative law-enforcement organs may be released to the public through the news media.
    20th written decision of administrative penalty and a fine contribution once the notice is served, without legal procedure, no organization or individual shall not be annulled or altered without authorization.
    The person penalized for penalty (extra fine) disagrees, you should pay the fines and complaints, applications for reconsideration or bring an administrative lawsuit in accordance with law.
    21st complaints against agency decisions, administrative reconsideration decision or reduce fines, revocation of decision of court awards, made the decision of the administrative law enforcement organs to the financial (from management) departments to apply for refund processing. 22nd to encourage natural persons, legal persons and other organizations abuse to administrative law enforcement organs and law enforcement fines, arbitrary fines, the penalty did not punish such violations be reported.
    Once the report is verified by the financial (from management) awarded to departments according to the actual amounts recovered 10%, every bonus maximum amount which does not exceed 50,000 yuan, and strict confidentiality for whistle-blowers.
    Article 23rd fines imposed on administrative law enforcement organs decided to faults in the work and collection of fines imposed for "negligence" System. After the complaints bodies handle complaints and confirmed, the regulators should be informed promptly of the Municipal Government to determine, according to relevant regulations issued by regulators "fault" liability.

    24th in violation of article III of this approach, refusing to implement separation of penalty decisions from collection of penalty, the financial (from management) departments shall order rectification refuses, by the level of Government criticism in serious cases, on the administrative liability of those directly responsible and concerned officials.
    25th administrative law enforcement organs and their relevant provisions of law enforcement officers in violation of these regulations, the financial (from management) Department and monitoring authorities concerning violations of the financial regulations of the State Council provisional regulations on punishment and on violations of administrative institutional fees and confiscations to two lines of income and expenditure management provides provisional regulations on administrative sanctions, such as rules and regulations to deal with.
    26th article generation received institutions violation this approach provides, has following case one of of, by people's Bank of China in city, and County (City) of branch institutions law be processing: (a) no due reason rejected fine of; (ii) itself added received or less received fine of; (three) tied up, and misappropriated generation received fine income of; (four) directly from fine income in the rushed back wrong received, and more received fine of.
    The collecting agency to perform the collection agreement, the financial (from management) Department in conjunction with the people's Bank of China in the city and County (City) branch shall be investigated for criminal liability, cancel the qualification of its collection.
    27th the administration officials who abuse their powers, neglect their duties, who, depending on the circumstances, by the units or higher authority, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                                                                                                                28th article of the rules take effect on December 1, 2002.