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Qinghai Province, Regulation Of Administrative Penalty Discretion Approach

Original Language Title: 青海省规范行政处罚裁量权办法

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Regulatory approach to administrative sanctions in Blue Heavy Province

(Adopted by Decree No. 94 of 10 December 2012 by the People's Government of the Blue Heavy Province on 1 January 2013)

Article 1 promotes the legal administration and protects the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the National People's Republic of China's Administrative Punishment Act and the relevant laws, regulations and regulations.

Article II defines administrative penalties as defined in this approach, which refers to the competence of administrative penalties, administrative penalties and administrative penalties, in accordance with legal, regulatory, regulatory and regulatory provisions, to be taken into account in an integrated manner the facts, nature, circumstances, and the extent of social harm.

Administrative sanctions enforcement bodies include organizations with administrative and legal, legislative and regulatory mandates that are responsible for the management of the functions of public affairs, as well as organizations entrusted by administrative organs in accordance with the law.

Article 3

(i) To uphold impartiality and openness;

(ii) Implementation within the scope of statutory acts, types and ranges;

(iii) The combination of penalties and education;

(iv) Equal treatment of citizens, legal persons or other organizations to exclude interference with non-relevant factors;

(v) The extent to which the facts, nature, circumstances and social hazards are committed.

Article IV. The Government of the people at the district level should strengthen the organizational leadership of the normative and exercise of the administrative sanctions discretion in the current administration area; its rule of law institutions are responsible for regulating and exercising administrative penalties.

The executive organs at all levels are specifically responsible for regulating the enforcement of administrative penalties.

More than the people's government inspection bodies at the district level carry out administrative inspections in accordance with the law on the exercise of administrative penalties.

Article 5 imposes a benchmarking system for administrative penalties. The baseline for administrative penalties should include three aspects of the statutory basis, the standards of offences and penalties.

The provincial administrations should develop benchmarks for the administrative penalties of this sector, the system, and report on the review of the provincial Government Office of the Rule of Law. In accordance with its provisions, the executive organs of the superior administration have established clear benchmarks for the administrative penalties, which should be implemented by the executive organs at the lower level; the executive organs of the executive branch should establish a baseline for specific administrative penalties in accordance with this approach and be required.

Article 6

The legal basis for administrative sanctions changes or administrative penalties are not adapted to the actual situation, and the administrative sanctions enforcement agencies should provide, in a timely manner, a revised benchmark for administrative penalties, in accordance with the statutory authority and procedures, and re-encue to society after the clearance of the file.

Article 7. In drafting draft local legislation, government regulations and regulations within the statutory competence, the executive sanctions enforcement body shall specify the scale of administrative penalties.

Article 8. Administrative penalties shall be established by the executive organs in order to establish benchmarks for administrative penalties, as set out in the following laws, regulations and regulations:

(i) In the same case, the type of administrative punishment may be chosen for the same offence, it should be accompanied by specific circumstances that select the type of administrative sanctions;

(ii) The extent of administrative penalties imposed on the same offence should be accompanied by specific administrative penalties;

(iii) A violation may be made available in a single manner or in a manner that facilitates the development of standard administrative penalties, and should be accompanied by a list of administrative penalties;

(iv) Other matters to be identified by law.

Article 9 states that:

(i) Persons under the age of 14 years have committed offences;

(ii) Psychologists may not identify or control violations committed in their conduct;

(iii) A minor offence and a prompt remedy, without causing the consequences;

(iv) The offence was not found within two years, except as otherwise provided by the law;

(v) Other cases where administrative penalties are not imposed by law.

Article 10 is one of the following cases, which are punishable by law or by reason of administrative penalties:

(i) Persons who have attained the age of 14 years who have been under 18 years of age have committed violations;

(ii) Actively to eliminate or mitigate the consequences of violations;

(iii) The coercion of another person to commit an offence;

(iv) Be secondary or complementary in common offences;

(v) The extent to which the property is involved or the proceeds of the violation are less;

(vi) Coherence with the administrative authorities in the investigation of violations;

(vii) Other cases where administrative penalties are taken under the law.

Article 11 states that:

(i) The primary role of common offences;

(ii) Contrary, concealment and destruction of evidence of violations;

(iii) Seriously hamper the investigation of violations by law enforcement officials;

(iv) The continued commission of the offence after the investigation of the offence;

(v) There have been multiple violations and have been administratively punished;

(vi) Coercion, temptation and instigation of the commission of an offence;

(vii) Revenge of the reporting person and witnesses;

(viii) The commission of an offence in the event of a sudden incident such as natural disasters, accidents, public health or social security;

(ix) Other cases of severe administrative sanctions under the law.

Article 12 Administrative penalties imposed by the executive organs shall not arise as follows:

(i) Failure to implement the administrative penalties threshold, which cannot be construed on grounds that are either reduced or aggravated by administrative penalties, or, in any case, subject to the maximum limits provided for by law;

(ii) Violations of statutory administrative penalties procedures;

(iii) Administrative sanctions should be imposed in accordance with the law, without punishment, or penalties should be imposed by law;

(iv) There is a clear inconsistency in administrative penalties for violations and factors that are fundamental or similar offences;

(v) The re-implementation of administrative penalties in cases where an offence is committed, or the continuation of an offence following administrative sanctions;

(vi) The use of unjustifiable means and means to induce the parties to breach and impose administrative sanctions on them;

(vii) Other cases to be prohibited by law.

The executive organs should establish and improve procedures such as circumventation, public notification, hearing, duration and justification, in accordance with laws, regulations and regulations. The establishment of a system of separation of administrative sanctions functions. Administrative penalties are imposed for major or complex cases, and decisions should be taken by the executive heads.

Prior to the administrative penalties decision of the executive sanction enforcement body, the statements of the parties, the defences should be heard; the facts, rationales and evidence presented by the parties should be reviewed; the facts, grounds and evidence presented by the parties should be adopted.

The administrative penalties imposed shall not be aggravated by the prosecution of the parties.

Article 15. In the opinion of the parties, the executive sanctions enforcement authority shall be unlawful or improperly exercised administrative sanctions discretion, which may be brought to the supervisory body of the current people and to the superior organs of the administrative sanctions enforcement organs that have made administrative sanctions decisions; the competent organ receiving the complaint or the prosecution shall investigate the matter of the complaint or the prosecution in accordance with the statutory authority and inform the complainant, the prosecution within 30 working days of the investigation.

The parties have no decision on administrative penalties and have the right to apply for administrative review or administrative proceedings in accordance with the law.

Article 16 Governments of more people at the district level and their respective departments should establish oversight mechanisms for the regulation of administrative penalties. The rule of law institutions at the district level should be strengthened by law enforcement inspections, vetting, law enforcement review examination, etc., to monitor the exercise of administrative sanctions discretion by administrative sanctions enforcement agencies in the present administration area.

Article 17

Administrative law enforcement officials, in violation of this approach, provide for abuse of authority, negligence, provocative fraud, removal of law enforcement qualifications, and administrative disposition by law, which constitutes a serious offence and hold criminal responsibility under the law.

Article 18