(September 15, 2015 National Business Administration General makes 78th, announced) first article to strengthening on business administration organ administrative law enforcement behavior of supervision, perfect normal of supervision system, guarantee the business administration legal, and regulations, and regulations of right implementation, promote strictly specification just civilization law enforcement, protection citizens, and corporate and other organization of lawful rights and interests of, according to administrative punishment method administrative license method, legal, and administrative regulations, developed this provides.

Law enforcement supervision referred to in the provisions of article, refers to the industrial and commercial administrative organs at higher levels to lower industrial and commercial administrative organs, administrative organs for industry and Commerce at all levels of the institution and its agencies, administrative enforcement of law enforcement personnel conduct inspections, appraisal, supervision, activities such as correcting.

Administration of industry and commerce in these rules, including the fulfilment of market supervision and Management Department of the industrial and commercial administrative duties.

Article at all levels of Administration for industry and commerce shall establish and improve law enforcement supervision system, perfect the supervision of law enforcement procedures, means of strengthening law enforcement and supervision, and actively explore effective ways and means of supervision, strengthen the administration of industry and Commerce administrative law enforcement supervision.

Administration of industry and Commerce at all levels of rule of law institutions in charge of law enforcement and supervision Department, led by the industrial and commercial administrative organs at the corresponding level, responsible for organizing, coordinating, directing and implementing law enforcement and supervision work.

Other relevant agencies of the administration of industry and Commerce at all levels shall, in accordance with its terms, and related fields of law enforcement and supervision work.

Fourth law enforcement supervision shall follow the supervision and law enforcement and promote law enforcement combine combination, correct mistakes and improve your work, adhering to go by, there must be laws, and lawbreakers must be dealt with, ensure that administration by law.

Fifth article law enforcement supervision of range main has: (a) business administration legal, and regulations, and regulations and normative file implementation situation; (ii) normative file of developed program and content whether legal; (three) administrative punishment, and administrative license, and administrative forced, specific administrative behavior whether legal, and appropriate; (four) administrative law enforcement in the whether exists not as, and abuse, and negligence, and ultra vires law enforcement, behavior; (five) administrative law enforcement publicity situation; (six) administrative law enforcement accountability implementation situation;

(VII) other supervision and inspection.

Sixth article law enforcement supervision main take following way for: (a) implemented legal, and regulations, and regulations implementation situation report system; (ii) implemented normative file legitimacy review system; (three) implemented administrative punishment case review, and hearing system; (four) implemented business administration law enforcement card management system; (five) implemented administrative reconsideration system; (six) implemented administrative law enforcement files assessment check system; (seven) implemented special law enforcement check system; (eight) implemented rule of law construction evaluation system;

(I) the system of administrative enforcement evaluation; (j) implementation of law enforcement and supervision system of writing and (11) the fault responsibility investigation system of administrative law enforcement (12) Administration for industry and Commerce at all levels decided to take the other way around.

Superior industrial and commercial administrative organs in accordance with the needs of the seventh article, can ask the subordinate administrative organs for industry and commerce in writing, report on the administration of industry and commerce laws, implementation of the regulations and rules.

The eighth industrial and commercial administrative organs of citizens, legal persons or other organizations should have a direct impact on the rights and obligations of the normative documents for review of legality, without legal review, and shall be published.

Legitimacy review main review following content: (a) whether belongs to this organ statutory terms range; (ii) whether and legal, and regulations, and regulations of provides phase conflict; (three) whether illegal set administrative punishment, and administrative license, and administrative forced, matters; (four) whether illegal set derogation citizens, and corporate and other organization right or increased its obligations of specification; (five) whether has public sought views; (six) developed program whether meet about provides;

(VII) the different requirements of normative documents on the same subject is in conflict and (VIII) other contents need to be reviewed. Industrial and commercial administrative organs at all levels shall be the standard of published documents on the portal site.

Lower administrative organ for industry and commerce shall every six months will be normative documents, published, submitted to the industrial and commercial administrative organs at a higher level such as cleaning.

The Nineth industrial and commercial administrative organs at all levels should carry out the review system of administrative punishment cases, give full play to supervisory role of the rule of law institutions in cases of administrative penalty.

Case review of main content including: (a) this organ on by do case whether has jurisdiction right; (ii) party of basic situation whether clear; (three) case facts whether clear, evidence whether hard; (four) case qualitative whether accurate; (five) applies legal, and regulations, and regulations whether right; (six) punishment whether appropriate, free CD volume right exercise whether right; (seven) case handle program whether legal. The tenth industrial and commercial administrative organs at all levels should carry out the hearing system of administrative punishment cases.

Implementation of administrative punishment hearing organized by the rule of law institutions. Levels business administration organ made following administrative punishment decided zhiqian, should told party has requirements held hearing of right: (a) ordered closed reorganization, and ordered stop business, and ordered stop advertising business,; (ii) revoked, and collection or withholding license, and revoked advertising released registration documents, and revoked trademark registered, and revoked special logo registration,; (three) on citizens sentenced 3,000 yuan above, and on corporate or other organization sentenced 30,000 yuan above fine; (four) on citizens, and

Confiscation of illegal gains from legal person or other organization and illegal property reach (c) administrative penalties amounts set out in items (v) other laws and regulations may request a hearing to administrative penalties.

The Governments of provinces, autonomous regions and municipalities directly under the Standing Committee, or the preceding paragraph (c), (d) is specifically provided for the amount confiscated from its provisions. 11th industrial and commercial administrative organs at all levels should be on administrative reconsideration, administrative litigation and administrative cases were collected and analyzed.

Lower administrative organ for industry and commerce shall regularly up industrial and commercial administrative organs to submit statistics and analysis report.

12th levels of administrative organ for industry and commerce shall annually on the organ and subordinate administrative organs for industry and Commerce administrative punishments, administrative licensing and other administrative comments looks up the file. Administrative punishment files assessment check of main content including: (a) implementation administrative punishment of subject whether legal; (ii) finds of facts whether clear, evidence whether hard; (three) applies legal according to whether accurate; (four) program whether due, whether after legal institutions review; (five) free CD volume right using whether appropriate; (six) whether implementation penalty paid separation; (seven) suspected crime of case whether timely transferred judicial organ; (eight) whether meet case handle term requirements; (nine) case handle instruments whether full, and

Full (x) file whether or not the writing, production, binding specification (11) needs assessment to check other contents.

Administrative license files assessment check of main content including: (a) implementation administrative license of subject whether legal; (ii) administrative license project whether has legal according to; (three) application material whether complete, and whether meet statutory form; (four) applies legal according to whether accurate; (five) accepted, and review program whether legal; (six) whether in statutory term within made granted or not license of decided; (seven) whether law perform told obligations; (eight) files of writing, and making, and binding whether specification;

(I) the needs assessment to check other contents. File rating check can take random case, case back, cross in different places in the form. Among them, the administrative action was confirmed by the people's Court for cancellation, alteration, unlawful or void, its administrative enforcement evaluation the files must all be checked.

Comments looks up the information shall be informed within a certain range.

13th article superior business administration organ should on subordinate business administration organ carried out administrative punishment information publicity of situation for supervision, main content including: (a) whether publicity all applies General program of administrative punishment case; (ii) whether according to enterprise information publicity interim regulations and business administration administrative punishment information publicity provisional provides timely, and accurate, and full publicity administrative punishment information; (three) whether according to provides checks Enterprise publicity information;

(D) establish internal assessment and management system of information publicity of administrative penalty, (v) other content that requires supervision.

14th levels of Administration for industry and commerce in accordance with the needs, administration for industry and commerce to new, revised laws, implementation of the regulations and rules or universal in the administrative law enforcement hot spots and difficult problems organized special inspection of law enforcement.

Special law enforcement and inspection carried out by related agencies of the administration of industry and commerce organizations and, if necessary, legal organization can be implemented alone or in conjunction with the relevant organizations. Special law enforcement check can take a written report, research seminars and on-site inspections, records inspection, network sampling, questionnaire surveys, investigations and other forms.

Special law enforcement inspection should be informed within a certain range.

The 15th industrial and commercial administrative organs at all levels should improve the system of administrative penalty discretion benchmark, refining, quantifying administrative penalty discretion standard, information means, regulate the exercise of discretion of administrative penalty.

Industrial and commercial administrative organs at all levels should be addressed through case review, hearings, administrative review, file review and other forms to enhance the bodies subordinate administrative organs for industry and Commerce and the supervision of the exercise of the right of free judgment for administrative punishment.

16th superior industrial and commercial administrative organs have the right to subordinate administrative organs for industry and commerce across the region, have greater social impact of major cases, such as monitoring and, if necessary, approved by the head of Administration for industry and commerce, you can issue the notice of law enforcement and supervision, requires lower case, the administrative organ for industry and commerce to explain the situation.

Lower administrative organ for industry and commerce shall within the period specified in the notice of law enforcement and supervision of cases the processing of written report to the higher administrative organs for industry and commerce.

17th levels of Administration for industry and Commerce found the body and its agencies, law enforcement officials do not perform, illegal to perform or not to perform the statutory duties of, should be corrected in accordance with the relevant provisions.

18th superior Administration for industry and Commerce found that subordinate administrative organs for industry and Commerce and law enforcement personnel do not perform, illegal to perform or not to perform the statutory duties of, should be corrected in accordance with the relevant provisions, and to lower levels of Administration for industry and Commerce issued a notice of law enforcement and supervision, and urge them to promptly correct, if necessary, can make the correct decision.

Subordinate administrative organs for industry and commerce shall be executed within the period specified in the notice of law enforcement and supervision, and after finishing the implementation of Administration for industry and commerce to the supervisor in the 10th report on the implementation of the results.

19th superior Administration for industry and Commerce found that subordinate administrative organs for industry and Commerce administrative law enforcement general problems or regional risk, approved by the head of Administration for industry and commerce, to lower levels of Administration for industry and Commerce issued a law enforcement surveillance submissions put forward views and suggestions of improvement.

Lower administrative organ for industry and commerce shall within the period specified in the law enforcement and supervision submission about the written report to the higher administrative organs for industry and commerce.

20th industrial and commercial administrative organs at all levels should strictly implement the penalty to pay separation and two lines of income and expenditure management system, no charging confiscations or disguised link directly with sectoral interests.

21st industrial and commercial administrative organs at all levels should improve administrative law enforcement and criminal justice interface mechanisms, strict implementation of the case to be transferred to the standards and procedures, establishment and the public security organs, procuratorial organs, judicial system of information sharing, and communications, to transfer the case on the merits. 22nd subordinate administrative organs for industry and Commerce administrative enforcement activities by regional protectionism and other interference, intervention, higher industrial and commercial administration authorities.

Industrial and commercial administrative organs at a higher level should be coordinated and, if necessary, can be taken to keep the local Government informed, supervise, directly investigated ways to deal with it.

23rd industrial and commercial administrative law enforcement management, administrative punishment cases review, hearing, administrative reconsideration, administrative compensation, rule evaluation, administrative enforcement evaluation, administrative enforcement of the fault responsibility investigation and other law enforcement and supervision, in accordance with the relevant laws, rules, regulations and special provisions for State administration for industry and commerce.

24th subordinate administrative organs for industry and commerce shall cooperate with the industrial and commercial administrative organs at higher levels of the law enforcement and supervision work on the non-implementation of the supervision of law enforcement decisions, given by a superior administration authority depending on the seriousness of informed criticism, correction and recommends that the authority responsible managers and related persons shall be given administrative sanctions.

Decision of the administrative law enforcement personnel do not perform law enforcement and supervision, industrial and commercial administrative authority depending on the seriousness of giving criticism, criticism, post training, away from law enforcement jobs and given administrative sanctions according to law.

25th of provinces, autonomous regions and municipalities directly under the administration of industry and commerce in accordance with these provisions, local reality, formulate measures for its implementation. 26th article of the regulations come into force on December 1, 2015. On December 8, 1999, commerce made its 92nd, administration for industry and Commerce published provisional regulations on supervision of law enforcement be abrogated.