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Administrative Punishment Cases In Shanghai Information Disclosure Method

Original Language Title: 上海市行政处罚案件信息主动公开办法

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(Please No. 36 of the Order of the People's Government of Shanghai, 16 November 2015)

Article 1 (Deputy and basis)

In order to regulate the public work of the information on administrative penalties in this city, to promote strict regulation of fair civilization law enforcement, the maintenance of fair and competitive market order, the guarantee of the legitimate rights and interests of citizens, legal persons and other organizations, and to develop this approach in accordance with the provisions of the Law on Administrative Punishment of the People's Republic of China, the Public Regulations on Information of the Government of the People's Republic of China, the regulations on the provisional regulations on enterprise information.

Article 2 (As applicable)

The administrative law enforcement units in the city have offered to make public information on administrative penalties and apply this approach.

The administrative law enforcement units referred to in this approach refer to organizations with administrative penalties authorized by the executive organs and laws, regulations and regulations that have administrative sanctions functions; information on administrative penalties referred to as outcome information on matters covered by the administrative sanctions decisions.

Article 3 (public subjects)

The administrative law enforcement unit, in accordance with the requirement of “every punishment, who is publicly”, is responsible for the information on administrative penalties in this unit.

The executive body may entrust the organization entrusted with administrative penalties under the law, assume public work on administrative sanctions cases and provide guidance and oversight.

Article IV (Guidelines and oversight)

The authorities of the municipalities and district governments that provide information on the public work will provide guidance, coordination and screening with the Government's rule of law agencies on their own public work on administrative sanctions cases in the region.

The information on administrative penalties in the region has been publicly inspected by municipal and district inspection agencies.

The city-level administration should strengthen its guidance to promote open work norms and orderly implementation of information on administrative penalties in the industry and the system.

Article 5

The administrative law enforcement units have offered to make public information on administrative sanctions cases and should be based on the principle of “accurateness and the efficient functioning of the public” without exception.

Article 6 (Acquired open scope)

Administrative law enforcement units apply to administrative sanctions decisions taken in general procedures and should be made public.

Article 7 (Institutional public content)

An information on cases of public administrative penalties should be made public and summary information on administrative sanctions decisions should be made available; conditionality may also be available for the full text of administrative sanctions decisions.

A summary of administrative penalties decisions includes, inter alia:

(i) Book of penalties, name of case;

(ii) The name of the natural person who has been punished, the name of the sanctioned enterprise or other organization, the name of the legal representative and the harmonization of social credit codes;

(iii) Punishment;

(iv) The basis for penalties and the results of sanctions;

(v) The name and date of the administrative law enforcement units that have decided to impose penalties;

(vi) States and the provisions of this city should provide for other public information.

Article 8.

Information on administrative penalties is one of the following cases, and no initiative shall be made public:

(i) The offender is a minor;

(ii) In relation to State secret, commercial secret, personal privacy;

(iii) Publicly may endanger national security, public safety, economic security and social stability;

(iv) States provide that information on other administrative penalties that may not be initiated.

Information on administrative penalties involving commercial secrets and personal privacy may be made public by the rightor's consent to the public or administrative body to feel that it may have a significant impact on public interest.

Article 9 (Information to be implied)

The following information should be implied when the information on cases of public administrative penalties is offered:

(i) Individual information such as sakness, family residence, identification number, communication, bank accounts, property status;

(ii) The name of a person who has been punished and a natural person other than a legal representative of a convicted enterprise or other organization;

(iii) Bank accounts of legal or other organizations;

(iv) In the opinion of the executive branch at the municipal level, additional information is needed.

Article 10 (Application of open time frames and means)

The administrative law enforcement units should be open to the Unit or the system portal within seven working days from the date of the administrative sanctions decision; the situation is complex and, with the approval of the head of the unit, seven working days could be extended.

In addition to the preceding paragraph, the State and the city's active public access to information on administrative sanctions cases is provided for by the provisions.

Article 11 (Option of open information)

Administrative penalties have been determined by changes in law and cancellations, and administrative law enforcement units should update information on active public administrative sanctions cases within five working days from the date of the corresponding situation.

Article 12

Administrative law enforcement units have found that their proactive public administrative penalties are not accurate and should be corrected in a timely manner.

Citizens, legal persons or other organizations have shown that there is no accuracy in the information on the active public administrative penalties, and that administrative law enforcement units may be requested in writing. Administrative law enforcement units should be verified and processed within five working days of receipt of written corrections requests.

Article 13 (A period of active openness)

The information on administrative sanctions cases has been open for up to five years and no initiative has been made. Those who have been punished are natural persons who have been committed for a period of up to two years and are no longer active.

Administrative law enforcement units should remove information on administrative penalties that are no longer active from the public platform. Citizens, legal persons or other organizations may apply to public information in accordance with the law.

Article 14.

Administrative law enforcement units should strengthen the training of relevant personnel, such as administrative law enforcement, in carrying out public work on administrative sanctions cases, the sound internal review mechanism and the improvement of work processes.

Article 15 (Application of special provisions)

The information on administrative penalties cases is publicly provided by law, legislation and regulations.

The offer of information on administrative sanctions cases generated prior to the operation of this scheme may not be applied.

Article 16 (Day of operation)

This approach was implemented from 1 January 2016.