Administrative Measures For The Cultural Market Administrative Law Enforcement

Original Language Title: 文化市场行政执法管理办法

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(Released March 16, 2006, the Ministry of culture, the 36th come into force on July 1, 2006) Chapter I General provisions article in order to regulate the cultural market administrative law enforcement, strengthen the management of the cultural market, maintaining the cultural market order, protect the legitimate rights and interests of citizens, legal persons and other organizations, and promote the healthy development of the cultural market, according to relevant laws and regulations, these measures are formulated.
    Second cultural market administrative law enforcement in these measures refers to the people's Governments at all levels and cultural administrative department or other law enforcement agency authorized by the laws and regulations (hereinafter referred to as law enforcement agencies), in accordance with the provisions of the relevant laws, rules and regulations of the State, on the cultural activities of citizens, legal persons or other organizations carry out supervision and inspection, and violations of the specific administrative act.
    Third article this approach by said culture market administrative law enforcement of range is: (a) business sex performances activities; (ii) audio of imports, and wholesale, and retail, and rental and show; (three) entertainment business activities; (four) art business activities; (five) movie issued, and show business activities; (six) Internet Internet service business places and Internet culture business activities; (seven) culture administrative sector management of other culture business activities.
    Article fourth cultural market administrative law enforcement follows the principles of fairness, impartiality, openness, clear accountability, code of conduct, monitor the effective, ensuring strong administrative law enforcement system.
    Fifth Ministry of culture cultural market administrative law enforcement in accordance with the responsibilities assigned to guide the country, develop cultural market administrative law enforcement of rules and regulations and cultural market administrative law enforcement personnel training plan, to guide and coordinate local law enforcement agencies investigate and deal with major cases, to supervise the administrative enforcement of law enforcement agencies.
    Local law enforcement agencies at or above the county level in accordance with the Division of responsibilities responsible for the administration of cultural market administrative law enforcement.
    Sixth law enforcement agencies and the cultural market administrative law enforcement personnel (hereinafter referred to as law enforcement officers) shall be determined in accordance with national laws and regulations and these rules of procedure, and accept the supervision of the relevant departments.
    Seventh cultural Administrative Department on the progress of work of law enforcement agencies and law enforcement personnel to give commendations and awards.
    Chapter II of law enforcement agencies and law enforcement personnel, the eighth cultural administrative departments should strengthen the law enforcement team-building, perfecting rules and regulations, improving enforcement mechanisms.
    Nineth article law enforcement institutions of duties: (a) publicity, and implement culture market management of policy and legal, and regulations; (ii) law on this administrative within citizens, and corporate or other organization of culture business activities for supervision, and check, on its violations for punishment; (three) organization law enforcement personnel of training, and assessment; (four) supervision, and guide subordinate law enforcement institutions of work; (five) to legislature and administrative organ proposed about perfect culture market management legal, and regulations and regulations of recommends.
    Tenth law enforcement agencies should improve the reporting system of the cultural market, and reported to the public telephone, email, sound reporting network, accept handle to report in a timely manner according to law.
    11th law enforcement agencies should establish and perfect the routine inspection and periodic inspection of the cultural market system.
    12th cultural market administrative law enforcement major penalty filing system and copy system.
    Law enforcement agencies ordered to suspend business for rectification or revoke the license or a larger amount of administrative penalties such as fines, shall make a decision of administrative penalty within 15th of licensing authorities and superior law enforcement record.
    Ordered to suspend business for rectification or revoke licenses from law enforcement agencies and other administrative penalties, and shall timely decision a copy of the public security, industrial and commercial departments.
    13th cultural market administrative law enforcement major reporting system.
    Important cases occurs within 24 hours, the local law enforcement agency shall report the case to the superior law enforcement agencies.
    The 14th cultural market administrative law enforcement implement regular data reporting system.
    15th law enforcement agencies should be equipped with traffic, communication, detection, forensics and other facilities necessary for administrative law enforcement equipment.
    16th law enforcement agencies to hire law enforcement personnel, should be in accordance with State regulations open audition applicants.
    17th law enforcement officers shall meet the following requirements: (a) politically steadfast and fine style of work, discipline, health, (ii) engaged in the cultural market administrative law enforcement with no criminal record; (c) familiar with the management of the cultural market laws, rules and regulations, master's business knowledge and skills needed to manage the cultural market. 18th job training for law enforcement officers, and after passing the examination, obtain cultural market administrative law enforcement documents.
    Training of law enforcement personnel and assessment standards determined centrally by the Ministry of culture, carried out by the administrative departments for cultural organizations at the provincial level.
    19th law enforcement agency should be an annual evaluation of law enforcement officers, failed to pass the examination shall not continue to engage in administrative enforcement of law enforcement personnel. 20th annual law enforcement personnel to participate in the cultural market's business knowledge and skills shall be not less than 40 hours.
    Law enforcement agencies should encourage law enforcement officers to participate in a variety of in-service continuing education activities.
    21st regular law enforcement agencies shall practise law enforcement personnel job rotation system, the same position in principle not more than 5 years. Chapter law enforcement program 22nd cultural market administrative law violations to law enforcement agencies above the county level.
    Otherwise stipulated by laws, administrative regulations, and from its provisions.
    Found by law enforcement agencies investigating the case does not fall under its jurisdiction, it shall promptly remit the case to the competent administrative departments or other administrative body; illegal act constitutes a crime shall be transferred to judicial organs for criminal responsibility shall be investigated according to law.
    Administrative law enforcement activities of the 23rd law enforcement agencies should be strictly in accordance with the procedures laid down in laws and regulations and these rules, and shall be made a law enforcement instrument.
    24th article of law enforcement personnel performing official business according to law, shall produce to the party or person concerned law enforcement credentials.
    25th a citizen, legal person or other organization acts in violation of cultural market management regulations, should be given administrative punishments according to law, law enforcement agencies shall ascertain the facts; the illegal facts are not clear and not subject to administrative penalties.
    Before 26th administrative punishment from law enforcement agencies, shall inform the party making the facts, reasons and basis for administrative penalty decision, and shall inform the Parties shall have the right to. 27th the parties have the right to make statements and to defend themselves.
    Law enforcement personnel must be fully listened to the views of the parties and make a written record, on the facts, reasons and evidence submitted by the parties, shall conduct a review, the review of the establishment of, should be adopted.
    28th illegal facts are clear and there is a statutory basis, below 50 for citizens, legal persons or other organizations punishable by administrative penalties fines less than 1000 Yuan or given a warning, you can make decisions on the spot, and law enforcement personnel should fill out the order form, made a number of administrative punishment decision letter, delivered a party on the spot.
    Law enforcement officers from the date of the decision on the spot in the 3rd report to the respective law enforcement agencies and the record.
    29th in addition to can make administrative punishment on the spot, but law enforcement agencies found that citizens, legal persons or other organizations should be given administrative punishments according to law shall be registered, timely, comprehensive, objective and fair investigations, collect evidence and, if necessary, can be checked in accordance with the relevant provisions of the laws, regulations. Evidence, including documentary evidence, material evidence and witness testimony, audio, parties ' statements, conclusions, the transcripts and field notes or other relevant evidence.
    Evidence must be verified, as the basis for ascertaining the facts. The 30th law enforcement agency at the time of investigation or inspection, and shall not be less than two. Parties and persons concerned shall truthfully answer inquiries, and assist in the investigation or inspection, and shall not be obstructed. Law enforcement officials should make enquiry or examination, and submit to the parties or related personnel review, after it has been checked by the parties or the relevant person's signature or seal.
    Parties or the officer refused, by two or more law enforcement officers indicate on the transcript and sign your name.
    31st when law enforcement officers to collect evidence, can take a sampling of evidence approach; in the case of evidence may be destroyed or lost or difficult to obtain later, approved by the heads of law enforcement agencies, can take measures such as advance registration saves.
    Sampling of evidence or the evidence registered for keeping, should the Parties present is out or refuse to be present, other persons may request the presence of witnesses and indicate. Sampling of evidence or register to save lists of items should be listed, and separately made sampling evidence voucher or list of the evidence registered for keeping, indicating the item name, quantity, unit price and other matters, law enforcement officers, the parties sign or affix their seals, deliver client.
    Party refuses to sign or seal, or received, by two or more law enforcement officers in the documents or indicated on the manifest and signature.
    Register items, in situ conservation may be detrimental to public order or public security, offsite.
    Articles 32nd to proceed with the registration and preservation of evidence, and shall, within the 7th law made the following decisions: (a) the need for technical inspection or verification, sent to the inspection or verification; (b) the law does not require the confiscation of goods, returned to the party, and (iii) shall be handed over to relevant departments according to law, relevant departments of the surrender.
    Otherwise provided for by laws and regulations, from its provisions.
    Article 33rd investigation ended, heads of law enforcement agencies shall review the findings, and in light of the circumstances of administrative penalties, no decision of the administrative punishment or be transferred to judicial organs for handling. Before making a decision of administrative penalty, law enforcement agencies shall draw up a notice of administrative penalty served on the parties concerned, inform his intended administrative punishment and the facts, grounds, and basis.
    Law enforcement agencies intended to order the rectification, revoking licenses, larger fines and other administrative punishment decision, administrative penalty notice shall set forth the party has called for a hearing in the 3rd after receipt of notification of the right to request a hearing by the parties, intended to make a decision of administrative penalty law enforcement agency shall organize the hearing.
    34th article hearing should according to following program for: (a) hearing host announced hearing began, announced case and hearing discipline, and party of right and obligations, announced and check hearing participate in personnel list; (ii) survey personnel proposed party illegal of facts, and evidence, and punishment according to and administrative punishment of reason; (three) party can proposed evidence, for statement and defence, on survey personnel proposed of evidence for quality card; (four) hearing host to party, and survey personnel, and witnesses, about personnel asked;
    (E) the final statements the parties; (vi) the hearing officer announced the end of the hearing.
    The 35th record shall be kept of the hearing, review for errors is signed or sealed by the parties.
    Hearing hearing shall be based on the written report of the situation, reported that law enforcement agencies, together with transcripts.
    The main contents of the report are: cause, time and place of the hearing, hearing participants name, defence matters and cross-examination, identification evidence and facts.
    36th written decision of administrative penalty shall proclaim the spot after the party and recorded on the certificate of service by the parties the date of receipt, signed or sealed.
    Without the presence of the parties, law enforcement agencies should be in accordance with the relevant provisions of the civil procedure law in the 7th, the written decision of administrative penalty served on the parties concerned.
    37th article of property confiscated must be in accordance with State regulations or the public auction in accordance with the relevant provisions of the State.
    Articles shall be destroyed in accordance with law, approved by the heads of law enforcement agencies, by 2 or more law enforcement officials supervised the destruction, and destruction of records.
    Article 38th of law enforcement documents and related materials, in accordance with the provisions of relevant laws and regulations, cataloging, binding, and archives.
    The fourth chapter law enforcement supervision and 39th at a higher level of accountability of law enforcement agencies to subordinate law enforcement agencies law enforcement supervision acts of law enforcement and law enforcement personnel.
    40th law enforcement supervision include: (a) the main law enforcement, (ii) enforcement procedures, (iii) the application of the laws, regulations and rules and (iv) complying with the statutory responsibility of the (v) law enforcement agencies, internal management systems; (vi) handling of confiscated property; (VII) other content that requires supervision.
    41st-enforcing supervision of: (a) receiving complaints of illegal administrative action, complaint or report, and direct or instruct the relevant departments to handle, (ii) to examine law enforcement; (c) the access to administrative documents and other information and (iv) other ways to take in the terms of reference.
    42nd article superior law enforcement institutions found subordinate law enforcement institutions and the law enforcement personnel in law enforcement process in the has following case one of of, should be corrected or revoked administrative punishment, damage party lawful rights and interests of of, should law give compensation: (a) law enforcement subject not legal of; (ii) law enforcement program illegal of; (three) specific administrative behavior applies legal, and regulations, and regulations errors of; (four) illegal disposal confiscated property of.
    43rd administrative penalty from the 42nd article lists the following consequences shall be shall be investigated for criminal responsibility of Heads of direct and primary responsibility, and according to the circumstances, suspend or withdraw their certificates for law enforcement: (a) the people's Court shall revoke or alter a decision of administrative penalty, (ii) reconsideration of revoke or alter a decision of administrative penalty.
    44th article law enforcement personnel has following case one of, is not constitute crime of, should law give administrative sanctions, and recovered its law enforcement documents; plot serious, constitute crime of, law held criminal: (a) abuse, violations citizens, and corporate and the other organization lawful rights and interests of of; (ii) using terms or work of will obtained or received others property, or support, and condoned, and shield culture market illegal business activities of; (three) on masses reported not accepted, and handle, delay shuffle of;
    (D) the disclosure report content and enforcement arrangements; (v) counterfeiting, forgery, concealment and destruction of evidence, and (vi) dereliction of duty causing serious consequences, and (VII) in any form of participation in cultural activities, (VIII) other serious violations of the laws, regulations and rules of behavior.
    45th article of law enforcement personnel were temporarily suspended during law enforcement documents shall not engage in law enforcement activities; law enforcement personnel have been recovered documents, should be removed from the administrative law enforcement positions, shall not engage in administrative law enforcement.
    Fifth chapter supplementary articles article 46th People's Republic of China are responsible for law enforcement in cultural market inspection certificate to perform duties of legal documents, produced by the Ministry of culture, a unified, issued by the cultural administration departments at or above the provincial level.
    Instruments of law enforcement by the Ministry of culture the harmonized format, the provincial administrative departments for cultural producers.
    47th article of the approach by the Ministry of culture is responsible for the interpretation. 48th article of the rules take effect on July 1, 2006.
                                                                        On November 14, 1994 issued by the Ministry of culture of the interim measures for the inspection of the cultural market, December 31, 1997, issued by the Ministry of culture of the Ministry of culture procedure of administrative penalty provisions, May 15, 2000, released by the Ministry of culture, the cultural market administrative law enforcement for assigning responsibility for misjudged cases interim measures be repealed simultaneously.

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