Fuzhou Market Supervision And Management Interim Provisions On The Procedure Of Administrative Penalty

Original Language Title: 福州市市场监督管理机关行政处罚程序暂行规定

Read the untranslated law here: https://www.global-regulation.com/law/china/3027562/.html

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  First chapter General first article to specification and guarantees market supervision management organ law exercise terms, maintenance social economic order, protection citizens, and corporate or other organization of lawful rights and interests of, unified, and specification administrative punishment program, improve case efficiency, according to People's Republic of China administrative punishment method, and People's Republic of China administrative forced method, and Fujian province administrative law enforcement program provides, legal, and regulations of provides, combined this city actual, developed this provides.

Second level market regulatory agency (hereinafter "the market regulator") investigated market supervision and management of cases of illegal application of this provision.

Article to investigate violations, should be clear facts, evidence, procedure, laws, rules and regulations applicable and accurate, punishment is reasonable, appropriate, law enforcement instruments use the correct and standard.

Article fourth of violations investigated, should persist in combining administrative penalties and administrative guidance, recommendations, reminders, warn, guide consciously abide by citizens, legal persons or other organizations.

Chapter II jurisdiction article fifth administrative punishment cases, governed by violations of market regulatory authorities. City and the counties (cities) and districts in accordance with the Division of responsibilities within jurisdiction of the administrative punishment cases. Cross county (City) districts in cases investigated by the municipal Bureau take the lead.

Except as otherwise provided by laws and regulations.

Sixth in each County (City) area market supervision and management (hereinafter "the regulation") by County (City) area market supervision authority (hereinafter "the County (City) Council") committed in the name of administrative penalties.

Any of the following circumstances, regulators may impose administrative penalty in their own name according to law: (a) the punishment for individual acts in violation of industrial and commercial administration laws and regulations, (ii) in the Bazaar and punishment of violations of industrial and commercial administrative laws and regulations and (iii) other circumstances as stipulated by laws, rules and regulations.

Article seventh ordered to suspend or withhold (detain, or withholding or collection) or revoked license, it shall decide on behalf of the original Licensing Office.

Foreign-invested enterprises, representative offices of foreign enterprises violating business registration of violations of laws and regulations will be punished, registration management of foreign-funded enterprises should be granted the right to take a decision on behalf of the registration authority.

Have a monopoly on public enterprise or other legal operators restrict others to buying the goods of designated operators to exclude violations of fair competition be punished ought to make decisions on behalf of the Council.

Eighth on the use of radio, film, television, newspapers, periodicals, the Internet and other media of the release illegal ads Act of administrative punishment, governed by the market regulator which the Publisher is located.

Publishers market regulator's jurisdiction, where different advertisers, advertising agents are difficult, advertisers, operators of illegal transfer of advertisers and advertising agents located the market regulator.

Nineth more market regulator has jurisdiction over the same offence, by the market regulatory agencies responsible for the investigation of the case.

Market regulator jurisdiction of the other market regulators found, it shall transfer jurisdiction governed by the market regulator. Two or more market regulator of a jurisdictional dispute, reported to a superior authority to exercise jurisdiction.

Superior organ shall, within five working days as of receipt of the submission materials determine the jurisdiction of the case, and written notice submitted to the authorities. Tenth higher market supervision authority deems it necessary, you can own lower market regulatory authority governing the transfer of jurisdiction over a case.

Legal and administrative regulations specified that the case should be governed by higher market supervision authority shall remit the case to the lower market supervision authority jurisdiction. Lower market regulatory authority believes that its jurisdiction over a case is significant and difficult cases, or difficult to handle due to special reasons, can be submitted to the jurisdiction of superior market regulatory authority.

Superior market regulator should be received within five working days from the date of approval of the material determine the jurisdiction of the case, and written notice submitted to the authorities.

11th City Council bodies in cases of handling after the cases should be investigated and dealt with promptly a copy of territorial market regulatory authorities.

Chapter III General provisions of administrative penalties article 12th market regulator according to the powers of supervision and inspection, or through complaints, appeals, reports, other agencies transfer, discover, investigate and deal with illegal acts, including assigned by higher authorities.

13th inspection, inquiry, sampling evidence, implement seizure seizure, release attachment attachment, such as administrative law enforcement activities, should have the participation of two or more investigators, and should provide their clients or site, produce the certificate of administrative law enforcement in Fujian province. 14th first collect or obtain evidence from the parties to the case, it shall inform the right to apply for investigators to avoid; investigators believe they and their clients have a direct interest, shall apply for withdrawal. Withdrawal application decided by the head of the market regulator. Collect or obtain evidence from the parties to the case shall be informed of their obligation to provide evidence.

Informed concerned shall make a written record.

Article 15th market regulatory authorities impose administrative penalties, it shall order the party to correct or rectify violations. Period of rectification in accordance with laws, regulations, rules or regulations of the technical specifications.

Laws, rules, regulations or specifications not provided, correct term not later than 30th; it is necessary more than 30th should be based on the actual conditions of the case, and to report to the head of the market regulator approval.

Already there is evidence that violations of regulatory violations of the laws and regulations of the market, should be found to be illegal or when investigating illegal facts, order the parties to correct or rectify violations.

Article 16th market regulatory authorities in handling administrative punishment cases, market supervision and administrative punishment, Fuzhou should regulate the use of instruments.

Article 17th market regulatory authorities implement administrative enforcement, administrative penalties and other administrative acts, it shall inform the party concerned has the right to apply for administrative reconsideration or bring an administrative suit.

Administrative acts of market regulator, involve only one competent Department, you can choose to apply to the people's Government at the administrative review, or higher authority may apply for administrative reconsideration; involving more than two superior departments, to apply to the people's Government at the administrative review. Fourth chapter general procedures section I filing of administrative penalties article 18th general procedures to investigate illegal acts should be filed.

Filing shall comply with the following conditions: (a) preliminary evidence of an offence, (ii) covered by the market regulator mandate; (c) belong to the jurisdiction of the region and level of market regulatory authorities.

19th market regulator according to the powers of supervision and inspection to check suspected violations, compliance with filing conditions shall in the case within two working days.

Market supervisory authority shall receive complaints and appeals, reports, other authorities transferred, assigned by the superior authority materials be verified within seven working days from the date of, and reported to the head of the market regulator to decide whether filing; special case, upon approval by the head of the market regulator, can be extended up to 15th.

Inspection, testing, verification, identification, time, excluding prescribed in the preceding paragraph. 20th filing shall be made out by filing form, approved by the head of the market regulator.

Handling agencies specified more investigators are responsible for investigation and treatment. 21st for temporary, emergency, emergency situations such as emergency cases, agreed by the heads of market regulator, can carry out investigation and evidence collection, and re-submit a written filing procedures within 24 hours.

Filing time from the date on which the investigation.

22nd on reports and complaints and appeals involving violations reported according to law shall not be filed, upon approval by the head of the market regulator, within seven working days by the handling agency will inform anonymous complainants, petitioners or informants, and will not be filing the written record retention for concerned and inform. Section II investigation after placing 23rd article, investigators should be timely, comprehensive and objective and legally collected evidence.

Evidence shall comply with laws, regulations, rules and other provisions relating to evidence and verified, as a basis for ascertaining the facts.

24th article need survey forensics of case facts including: (a) party of basic situation; (ii) violations whether exists; (three) violations whether for case party implementation; (four) implementation violations of time, and locations, and way, and consequences and the other case; (five) party has no statutory from heavy, and lighter, and reduce and not punishment of case; (six) and case about of other facts. 25th investigators may question the parties and witnesses, ask should be individually. Ask a record shall be kept, ask those questioned record shall be checking for reading difficulties, shall read out. Record is subject to errors, omissions, and should be allowed to correct or supplement. Altered parts should be interrogated stamp, signature, stamp or otherwise confirmed. After it has been checked, by the person being interrogated on the transcripts page-by-page signature, seal or otherwise confirmed.

Investigators should also sign the record. Article 26th investigators can ask parties and witnesses provide evidence or other material relating to the violations and materials on relevant material people signed or sealed.

Investigators can be taken as needed audio, video and photography to collect evidence.

27th investigators extracted the testimony of a witness, shall comply with the following requirements: (a) the state witness's name, age, gender, occupation, address and other basic information, (ii) there should be signatures of witnesses, not sign, should prove with stamp or seal or in other ways; (c) indicate the date of issuance, and (d) accompanied by a copy of the identity card and other documents to prove the identity of the witness.

Unable to properly express the will of the people shall not testify.

28th investigators should collect or obtain original documents as evidence in connection with the case; access to original evidence is difficult, transcriptions or copies of extracts, copies, marked "after checking with the original and correct", indicating the check date, signed or sealed by the providers and investigators.

29th article from People's Republic of China outside the territory of the evidence obtained, shall state the source, certified by the notary public of the country, and by the People's Republic of China stationed in the Embassy or Consulate of the country, or the performance of People's Republic of China entered into with the State in which the evidence prove that the procedures provided for in the relevant treaty.

People's Republic of China Hong Kong S.A.R., and Macau S.A.R. and Taiwan's evidence should be in accordance with the relevant provisions of proven procedures. 30th investigators should be collected in connection with the case of recordings, videos and other audio-visual material of the original carrier evidence. Collection of original carrier have difficulty, you can collect copies, and to indicate the production method, production time, producers and so on.

Voice data should be accompanied by a transcript of the audio content. 31st investigators shall collect the original carrier of electronic data as evidence.

Collection of original carrier have difficulty, can book fixed, photos, copy and other ways to obtain evidence, evidence should be indicated when making time and making people.

For the more sophisticated electronic data or the data is difficult to obtain by removing, tampering with evidence, such as, electronic data may entrust a qualified third party accreditation body or the judiciary inspection analysis. Articles 32nd to suspected illegal items or places of on-site inspection should be a client or a third person is present, and produced records from investigators, the parties sign or seal or a third person. If there is missing or incorrect records, should be complementary to, or allowing corrections. Supplement or correct part should be signed by the client or third person stamp or confirmation.

On-site inspections can take photographs, video record.

On-site inspections can invite legal inspection, testing, calibration, an accreditation body or associated technical personnel participated.

33rd must check for the person or domicile of natural persons, it shall draw attention to the public security organs, supporting market regulator. Article 34th sample evidence should take the form of random, sampling methods, processes and appliances must comply with the relevant standards.

Number of samples should be based on relevant standards or can identify the quality features of this product are limited and reserved stand-the number of samples.

Shall have the Parties present during the sampling of evidence, investigators shall make a single sample, sample affix seals, seals and related records by the investigators and the parties sign or seal.

Laws, rules, regulations or provisions of relevant regulations of the State of the bodies in the sample or shall entrust relevant agencies or in the prescribed manner samples.

Samples should be entrusted with statutory inspection, testing, calibration, an accreditation body for inspection, testing, verification, and identification. Inspection, testing, calibration, verification results shall inform the party.

Provisions of laws, regulations, rules on the review of, and rights of the Parties shall be informed at the same time review.

35th article for identified case, need on case in the specifically matters for test, and detection, and verification, and identification of, should issued contains Ming delegate test, and detection, and verification, and identification matters and the related material of Attorney, delegate has statutory test, and detection, and verification, and identification qualification of institutions for; no corresponding of statutory test, and detection, and verification, and identification institutions of, can delegate other has conditions of institutions for. As evidence used of test, and detection, and verification, and identification conclusion, should contains Ming client and delegate of matters, to test, and detection, and verification, and identification sector submitted of related material, test, and detection, and verification, and identification of according to and using of science and technology means, test, and detection, and verification, and identification sector and test, and detection, and verification, and identification personnel qualification of description, and due test, and detection, and verification, and identification personnel signature or sealed, while stamped test, and detection, and verification, and identification institutions seal.

Through analysis of inspection, testing, verification, identification, and shall explain the analysis process. Article 36th allegedly infringing or counterfeit products found in the investigation of the case, to allow infringement or counterfeiting businesses were identified.

Check by market regulatory authorities, Enterprise proof of identification may be material as evidence of the facts.

Certified materials of enterprises responsible for their content and shall bear the corresponding legal responsibility.

37th in the case of evidence may be destroyed or lost or difficult to obtain later, evidence relating to the alleged violations can be taken advance registration and conservation measures.

Advanced registration and preservation measures are taken or remove the Advanced registration and preservation measures should be approved by the head of the market regulator.

The urgency of the situation, are required by law to take the Advanced registration and preservation measures, approved by the verbal request advance registration and preservation measures, but should be re-submit a written procedure within 24 hours. Article 38th advanced registration and preservation of evidence, should be counted on the spot, and draw up a clear statement, signed or sealed by the parties and investigators, one of the parties, and spot notice of advance registration saves.

Advanced registration and preservation of evidence shall be affixed seals.

Advance registration saves during the party or person concerned shall not be damaged, destroyed or transferred evidence.

39th article for first registration save of evidence, should in 7th within take following measures: (a) according to situation timely take records, and copy, and photo, and video, evidence preservation measures; (ii) need test, and detection, and verification, and identification of, timely sent about sector test, and detection, and verification, and identification; (three) illegal facts established, should be confiscated of, made administrative punishment decided, confiscated illegal items; (four) according to about legal, and regulations provides can seized, and seized of, decided seized, and seized;

(E) the illegal facts are not established or illegal facts but the law should not be subject to seizure, detention or forfeiture, decided to lift the advance registration and conservation measures.

40th article in accordance with the law, regulations, order the party to suspend the sale, use, shall not transfer, concealment, destruction of property and other measures, should be approved by the head of the market regulator, notify the parties in writing, carried out by the parties. 41st article case personnel in survey forensics process in the, notification party or third people scene, party or third people refused to scene of, case personnel should making site record; requirements party and about personnel accept survey, in record or other material Shang signature, and sealed or to other way confirmed, party and about personnel refused to of, or cannot found party of, in record or other material Shang indicate reasons. Above can be audio, video and other audiovisual information to prove it.

If necessary, the persons concerned may be invited as witnesses.

42nd section III administrative coercive measures are required by law to seize, seizure of administrative coercive measures, such as shall be approved by the head of the market regulator. The urgency of the situation, compulsory administrative measures need to be implemented on the spot, investigators shall report to the head of market regulatory authorities within 24 hours, and go through the approval procedure.

Head of market regulatory authorities that should not take administrative enforcement measures should be lifted immediately.

Article 43rd administrative coercive measures such as sealing up, distraining, shall notify the party scene, inform the parties on the spot to take compulsory administrative measures of reason, basis as well as the Parties shall enjoy the rights, remedies and heard statements and pleadings of the parties, and the record shall be made.

Implementation of administrative coercive measures such as sealing up, distraining, shall make a written decision on the implementation of compulsory administrative measures.

Sealed up, distrained property of the parties, shall draw up a list property, according to the inventory situation specific, detailed on the spot to fill in.

Written decision of administrative compulsory measures and property list should be kept by the parties or articles and investigators served in accordance with the procedure after it was signed.

44th shall seal up, distrain and violations not directly related to the card information, property, personal items, bank accounts, etc.

Not deposits means seize the party properties.

Article 45th arrest party allegations of illegal goods on consignment, shall notify the Transport Department to assist and inform the parties in writing.

Seizure of suspected illegal party deposit or deposit items, ordered the parties to submit, refused by the parties, shall, together with the local authorities for the seizure procedures.

Article 46th market supervisory organs shall take good care of their sound system sealing up, distraining the property, do not use, replacement or damage. Detained in connection with the goods, should be credited within 24 hours the market regulator in a given place and handle the transfer procedures. Investigators privately saving articles is strictly prohibited.

Market regulators take care of seized articles should establish the storage account.

Easy, perishable goods, provisions of laws or regulations can deal directly, or the parties agree to deal, approved by the heads of market regulatory authorities, in adopting relevant measures to retain evidence can be processed. 47th sealing up, distraining may not exceed the 30th; complex, can be prolonged, but extend the deadline shall not be later than 30th.

Except as otherwise provided in laws and administrative regulations.

Requires extension of attachment, arrest, investigators should be in period 5th approval of the head of the market regulator and make written decision on the extension of the attachment, arrest period, and served on the parties concerned in accordance with law. The goods require inspection, testing, verification, identification, seizure, detention period shall not include inspection, testing, verification, identification of period.

During the inspection, testing, calibration, verification should be clear, and shall inform the parties in writing. Expiration of the term of compulsory administrative measures, should be relieved of administrative coercive measures.

Lifting of compulsory administrative measures, should be reported to the head of the market regulator approved and produced written decision on lifting of compulsory administrative measures, and served on the parties concerned in accordance with law, relating to the item parties.

48th product use-or the expiration date less than the statutory time limit of compulsory administrative measures, after taking administrative compulsory measures for the safe use of the product shall not exceed the product or the expiration date.

49th articles involved in the inspection, testing, certification, accreditation or identified the violations unrelated to or no longer of compulsory administrative measures need to be taken, investigators should immediately lift the compulsory administrative measures.

50th to lift administrative coercive measures needed to return the party's goods, and shall notify the parties within three months. If unclaimed, auction or sale in accordance with the relevant provisions dealing with, inter alia, items, save the price on the market regulator dedicated account. Within one year from the date of goods remain unclaimed, price deductions for custody, surrendered after the necessary expenses incurred in fiscal.

Otherwise stipulated by laws, administrative regulations, and from its provisions.

Fourth quarter review and review (trial) 51st or handling agencies think that the end of investigations should be discontinued, in the following manner: (a) considered illegal facts are established, shall make an administrative punishment or administrative processing, written survey final report, together with the case file review by the review bodies.

(B) that the illegal facts are not established and should be dismissed, or infractions minor, causing no harmful consequences, no administrative penalty, or does not belong to the jurisdiction of the case should be transferred to jurisdiction of other administrative bodies, or suspected of a crime shall be transferred to the public security organs, write out the survey final report, reasons for gazetting process, submitted to the Commission cases collective trials. The 52nd case review by the legal entity responsible for the implementation of market regulatory authorities. Case review implementation of "nuclear."

Case specific review procedures enacted by the City Council. 53rd review bodies review is completed should reel in a timely manner. Case agency files, should be proposed to the administrative punishment or administrative settlement proposals and review reported to the head of the market regulator to censor decisions.

Major, complex and difficult cases or cases of great violations given heavier punishment should be brought before the trial Committee of collective decisions.

Major, complex and difficult cases, or cases of major violations given heavier punishment standards, developed by the market regulator, reported the same level people's Governments and the competent authorities.

54th Commission on market regulatory authorities in charge or trial investigation final report, review comments, proposed to the administrative punishment decision, administrative review or trial decision, depending on the different administrative penalties are made on the penalty decision, transferred to other bodies or dismissed, and no administrative punishment decision. Fifth section told the 55th market regulator in charge or trial Committee on administrative punishment to recommend approval, by handling a case on behalf of the institutions to the market regulator, shall inform the parties of the proposed administrative penalty of facts, reasons, evidence, penalties, and shall inform the parties of the law shall have, the right to defence.

Proposed administrative penalty within the scope hearings, it shall inform the parties have the right to request hearings.

Taken orally informed, handling body or delegated authority shall inform the case recorded, and the record signed or sealed by the parties.

In written form, in accordance with this approach the sixth chapter is required to be served. 56th article market regulatory organ made following administrative punishment decided zhiqian, should told party has requirements held hearing of right: (a) ordered discontinued closed; (ii) revoked, and collection or withholding market regulatory organ issued of license, and license or other qualification card as; (three) on corporate or other organization sentenced 30,000 yuan above fine, on citizens sentenced 3,000 yuan above fine; (four) on citizens, and

Confiscation of illegal gains from legal person or other organization and illegal property reached in part (c), the amounts of administrative penalties. The legal institutions of the market supervision authorities at all levels are responsible for the hearing of the case.

Hearing procedures enacted by the City Council.

57th party within three working days from the date of service, statement, defence is not exercised, the right to a hearing, nor any other, as a waiver statement, defence, the right to a hearing.

Parties waive a hearing or withdrawal of hearing requests, requested by the application is filed within the period of validity of the hearing the hearing should be allowed. The 58th market regulatory authorities inform the party intends to make administrative punishment decision, should fully heed the views of the party. On the facts, reasons and evidence submitted by the parties, handling body should review carefully, review legal auditing. Fact, reason, or evidence submitted by the parties to set up, the market regulator should be accepted; inadmissible, it shall explain the reasons.

Grounds of party representation, to defend themselves, an increase in administrative punishment hearing on an application.

Sixth section decide 59th after administrative punishment shall inform the parties not to make statements, comments or requests a hearing to be heard, or the statements of the parties, representations or hearing inadmissible, handling agency shall make written decision of administrative penalty according to proposed decision. After hearing or review the statements put forward by the parties to defend themselves, need to change the original decision of the case, again reported to the market supervision authorities charge or case review committee or a hearing decision.

Handling body should be examined under review again, or decide to make a written decision of administrative penalty.

60th written decision of administrative penalty after approval by market regulator in charge served on the parties concerned.

Administrative punishment decided book of content including: (a) party of name or name, and address, and statutory representative people, and natural of ID,, basic situation; (ii) violation legal, and regulations or regulations of facts and evidence; (three) administrative punishment of content and according to; (four) adopted party statement, and defence of situation and the reason; (five) administrative punishment of perform way and term; (six) refuses to administrative punishment decided, application administrative reconsideration or filed administrative litigation of way and term;

(G) impose administrative penalty decided the market regulator's name and the date of the decision.

Written decision of administrative penalty shall bear the administrative punishment decision the market regulator's seal.

No administrative penalty decisions of the 61st according to law, no written decision of administrative penalty shall be made, indicating the facts, grounds, grounds, and no administrative penalty right, and served on the party. 62nd General procedures to deal with cases, it shall make a decision within 90 days from the date of filing; case is complex, cannot make a decision within the prescribed period, approved by the head of the market regulator, you can extend the 30th.

Case is particularly complex, adjourned still cannot make a decision, the City Council shall be submitted to the municipal people's Government to decide whether to continue extension, County (City) the Regional Council shall be submitted to the City Council decide whether to proceed with an extension.

Notice of hearings, case processing, inspection, testing, verification or identification of time not included in case processing time limit.

63rd market regulator to complaints and appeals, reporting the offence involved suspects to make administrative punishment, no administrative penalties, dismissed, transferred to other bodies, such as a decision, shall inform respondents and provides contact information of the complainant, the complainant, informant.

More informed, in accordance with the relevant provisions shall be public and shall take the appropriate measures to be published. 64th case before the end of the investigation ascertained that a party cannot be found or cannot be determined, cause the facts of the case could not be ascertained, shall issue a public notice, require the law-from the date of notice in the 15th survey. Parties from the date of notice in the 15th surveyed, according to the General procedure cases.

Parties have not surveyed the expiry of notice, respectively, under the following circumstances: (a) the compulsory administrative measures taken in connection with the goods, and be dismissed. (B) there is evidence that taking administrative compulsory measures in connection with the property belonging to the property shall be confiscated according to law, made a decision of administrative handling of confiscated property, and shall be published.

Property confiscated in accordance with the provisions, case closed. (C) the lifting of coercive measures in accordance with law, and need to return the party's goods, and shall take notice to notify the parties within six months unclaimed property.

After the expiration of a notice of claimed, unclaimed, in accordance with the provisions of the second paragraph of this article 50th.

Seventh section perform the 65th after the decision on administrative penalty according to law, the Parties shall comply within the time limit of the decision on administrative penalty.

Fines, confiscation of illegal proceeds of penalties on the Parties shall from the date of receipt of the written decision by the parties in the 15th, to the nominated Bank pay and confiscated money.

66th article party refused to perform administrative punishment decided, in provides term within both not application administrative reconsideration and not filed administrative litigation, or administrative punishment decided by administrative reconsideration, and administrative litigation was be maintained or change has entered into force, party still refused to perform of, market regulatory organ can take following measures: (a) due not paid fine of, daily by fine amounts of 3% added at fine; (ii) according to legal provides, will seized, and seized of property auction allocated arrived paid fine;

(C) apply to a people's Court for compulsory execution.

67th article apply to a people's Court for compulsory execution shall, within three months from the date of the expiry of the statutory time limit apply to a people's Court for compulsory execution. Before the people's Court for compulsory execution of application should fill out written decision notice of administrative penalty, urged the parties to fulfil their obligations in writing, inform the fulfilment of terms and modalities, to add a fine standard and amount, the statement of the law and the right to be heard. Plus the total amount does not exceed the original amount of the fine. Statements, representations of the parties, the market regulator should make a written record of recorded facts, reasons and evidence submitted by the parties.

Establishment of the facts and reasons or evidence submitted by the parties, the market regulator should be adopted.

Written notice to the parties after the 10th and failed to perform an obligation, to the people's Court for compulsory execution. 68th if they face genuine financial difficulty, delay or by paying a fine, shall submit a written application.

Upon approval by the head of the market regulator, made extension (instalments) penalty decision, inform the parties an extension or by deadline. 69th article on decided confiscated of involved items, except national another has provides outside, should according to following principles processing: (a) should delegate auction institutions for public auction, fresh easy rot, and no value, and not allows listed of commodity except; (ii) belongs to national franchise monopoly of items, referred to the specialize in sector acquisition; (three) cannot auction or flow took of, can will involved items make has qualification of units for acquisition or sold; (four) has value but cannot auction of, by market regulatory organ collective research through Hou,
Relevant departments can be used as charity donations for public welfare;

(Five) belongs to has regeneration using value but ban circulation, or has value but limit circulation of, delegate auction institutions for public auction Shi, should strictly review bid people qualification and limit using conditions, prevent items illegal circulation, cannot auction of, can will involved items make has right of units for acquisition; (six) belongs to may endanger human health, and personal and the property security, or national expressly eliminated and has ban using, or has lost using value, and recycling value, case of, should be destroyed; (G) the confiscation of the infringing articles shall be auctioned or sold prior to distribution, does not sell, it shall be destroyed.

If the infringed party takeover, after a collective study by market regulatory authorities, you can transfer to the infringed party. (VIII) for forgery or fraudulent use of company name, address, country of origin, as well as certification marks, quality logo products such as sign production license, or quality does not meet labeling requirements of items and items with a particular purpose, shall not complete the sale.

Of which a certain value, or after a split still has some value, after removal of illegal identity, after the demolition, decomposition techniques, which directed the auction way, assessed by qualified company assessment, by auction according to quality bargain specific incoming unit. 70th article destruction of goods, in accordance with the relevant provisions of the State; not provided and approved by the head of the market regulator, by two or more managers supervise the destruction in the world market, and destruction of records, you can make the scene filmed, photographed, archived for future reference.

Destruction of goods should be selected for minimal impact on the environment.

Confiscation and forfeiture of the proceeds of the 71st article, must all be turned over to the financial, no unit or individual is allowed to retain, distribute or privately in a disguised form.

Eighth section closed Office-bearers of the 72nd case of the following circumstances shall be closed: (a) completed the implementation of the decision of administrative penalty, (ii) the end court enforcement proceedings, and (iii) no administrative penalty; (d) to transfer the case to the jurisdiction or the judiciary; (e) the closure of; (vi) other circumstances that should be closed.

Administrative punishment cases not been completed shall not be closed.

Office-bearers of the 73rd case, investigators should make a final report, signed by investigators and by the handling Agency Director approval, approved by the heads of authorities which handle their cases. Case case case, should be attached to the articles found in the volume has been confiscated or removal of instruments or procedures.

Pay fines, fines are turned over to the State Treasury notes shall be attached. After the 74th case, cases processed in the form of materials, should be filing.

General procedure of administrative punishment cases case volume. Files after archiving, no unit or individual shall not modify, increase, taking the case file. Handling bodies each year in March last year before the files sent to the market regulator Archives Department for safekeeping.

Cases of custody and access, according to the relevant provisions of the archives management.

The fifth chapter of summary procedure in administrative punishment 75th illegal facts are clear and there is a statutory basis, below 50 for citizens, legal person or other organization fined 1000 Yuan following warnings of fines or administrative penalties, made the decision on the spot.

76th summary procedure on the spot to investigate violations, investigators should investigate illegal facts on the spot, making spot checks, interrogation, and gather the necessary evidence, fill out the order form, make up a number of decision on the spot.

Written decision shall be served on the party, signed or sealed by the parties and investigators.

77th spot penalty decision shall set out the party's basic administrative penalty, illegal acts, according to, type of punishment, the amount of the fine, time, location, relief, Executive name, stamped with the seal of the executive authorities. 78th investigators on penalties before a decision on the spot, shall inform the party making the decision on administrative penalty facts, reasons, according to the amount and types of penalties, fines, and shall inform the parties of the right to State and to defend themselves, and make a written record.

Parties to plead, investigators should be recorded. 79th materials pertaining to summary proceedings to investigate cases, investigators should make its market regulator archives.

Case of summary procedure of administrative punishment cases can a roll or a roll. To collect fines on the spot according to law, investigators should be uniformly made fine receipt issued by the financial department.

In making its decision on the spot within 2nd day of fines collected by the financial institution. Unable to collect fines on the spot, the Parties shall from the date of receipt of the written decision of administrative penalty in the 15th and pay the fine to the specified bank.

Parties have not consciously performed, according to the case for general procedures relating to the implementation of the provisions of. During the sixth chapter and served during the 80th time, day, month, period or at the beginning of day are not counted.

Period shall not include traveling time expires the last day of the period for the day, statutory holiday, Festival, holiday, on the first day after the date of the expiration of the period.

The 81st served written decision of administrative penalty, shall proclaim the spot after the party; without the presence of the parties, shall, within the 7th served in accordance with provisions of article under. Section 82nd instruments should have a certificate of service. Service in the following ways: (a) serve documents, should be sent directly to the recipient of the service. By served people is citizens of, I is not make he of with live adult family sign; by served people is corporate or other organization of, should by corporate of statutory representative people, and other organization of main head or the corporate, and organization is responsible for received pieces of people sign; by served people has delegate received instruments agent of, can sent its agent sign; by served people has to market regulatory organ specified generation received people of, sent generation received people sign.

Person living with adult members of their families, legal person or other organization responsible for receiving documents, agent or receiver in the certificate of service date of receipt as the date of service.

By served people or he of with live adult family refused to received instruments of, served people should invited about grass-roots organizations or where units of representative scene, description situation, in served back card Shang remember Ming rejected causes and date, by served people, and witnesses signature or sealed, put instruments left in by served people of residence; also can put administrative law enforcement instruments left in party of residence, and used photo, and video, way records served process, that considered served.

(B) cannot not be served directly, you can entrust the local market regulator to serve, or mailing, mailing, indicate on the receipt date of receipt as the date of service. (C) cannot be served by adopting the above-mentioned approach, service by public announcement. Service by publication, provincial level shall be published in the newspaper in the city or in the domicile of the parties to the original posting notices, and at the same time the market regulator bulletin notices notice on the website or market regulatory authorities. After 60 days from the date of announcement, the service shall be considered.

Service by publication, shall be recorded in the files of the reasons and after.

Seventh chapter transferred to the 83rd market regulator in the case during the investigation or administrative punishment decision found that an unlawful act of a crime, shall refer the case to the public security organs. Decided to transfer, shall be transferred to the public security organs at the same level within 24 hours; decided not to transfer, reason not to transfer should be recorded.

To transfer suspected criminal cases by public security organs at the same time, it should be copied to the Procuratorate at the same level for the record. Suspected criminal cases should be transferred to the public security organs shall be subject to administrative punishment instead of transferring.

Transfer suspected criminal cases had been warned before, order to suspend production, suspended or revoked licenses, withholding or licenses revoked the decision on administrative penalty shall not suspend implementation.

84th agency approval for transfer of handling public security cases, shall be accompanied by the following documentation: (a) transfer suspected criminal case book, (ii) investigation reports of suspected criminal cases, (iii) in connection with the property list; (d) the inspection report or conclusions, (v) other evidence relating to alleged crime.

85th market regulator found the investigation of cases belonging to the jurisdiction of other administrative bodies, should be transferred to the other administrative organs according to law. Need to be transferred to the other jurisdiction organs, written survey final report by investigators, reported cases before the Committee.

Decided to transfer, investigators should be transferred to 3rd; decided not to transfer, reason not to transfer should be recorded. Eighth chapter supervision article 86th market supervision and administrative punishment cases relying on case management system, network management, personnel administrative punishment cases entry-related information in a timely manner as required.

The market regulator should do well with law enforcement, prosecution case network connection working, take the initiative to accept supervision and inspection.

87th market regulatory authorities shall set up and perfect the administrative punishment case monitoring and evaluation system, through administrative punishment case file review and case back to check, online Inspector, internal oversight and level of administrative law enforcement supervision, improve the quality of handling cases.

88th market regulator should establish unlawful and improper discovery of administrative enforcement action, investigation and correction mechanisms.

  Market regulators found the body and its agencies, officers or subordinate the market regulator and its investigators do not fulfil, illegal to perform or improper performance of official duties, shall be corrected in accordance with the relevant provisions. Parent supervision can lower the market regulatory authorities issue a supervision notice, urge them to promptly correct, if necessary, can make the correct decision.

Lower market regulatory authority should be implemented within the period specified in the notice of law enforcement and supervision, and the implementation after the market regulator to the supervisor within the 10th report on the implementation of the results.

89th superior market regulator found the lower market supervision authority exist in administrative law enforcement general problems or regional risk, approved by the head of the market regulator, to subordinate the market regulator issued a law enforcement surveillance submissions put forward views and suggestions of improvement.

Lower market supervision authority shall within the period specified in the law enforcement and supervision submission relating to the written report on market supervision organs at higher levels.

90th market regulatory authorities shall set up and perfect the fault responsibility investigation system of administrative law enforcement, impose administrative penalties for violations of provisions of units and personnel, subject to accountability for liability; a suspected crime, law transferred to judicial organs for handling.

Lower market supervision authority shall cooperate with the market supervision organs at higher levels of law enforcement and supervision work on the non-implementation of the supervision of law enforcement decisions, given by a superior market supervision authority depending on the seriousness of informed criticism, correction and recommends that the authority responsible managers and related persons shall be given administrative sanctions.

Nineth chapter supplementary articles article 91st in these provisions, the "upper" and "lower", "within", are included in this number.

92nd referred to in these provisions of "head of the market regulator" includes mainly responsible and in charge of the head.

Referred to in these provisions "trial Board" determined by market regulatory authorities invited should contain a market supervisory authorities and in charge of officials and heads of other relevant and related business, head offices.

93rd in Fuzhou market supervisory authority shall, in accordance with the provisions of article development of market supervision and administrative punishment of the city model instruments, clearly document making of administrative punishment and the file archive requirements.

94th market regulators to revoke registration or approval documents administrative procedures, such as referring to this regulation.

95th article of the regulations come into force on March 1, 2016.

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