Procedures Of Shanghai Municipality For Administration Of Administrative Law Enforcement Certificate

Original Language Title: 上海市行政执法证管理办法

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Procedures of Shanghai municipality for Administration of administrative law enforcement certificate

    (September 17, 2012 Shanghai 153th Executive meeting September 24, 2012, released from the Shanghai Municipal People's Government, the 88th as of November 1, 2012) the first (goal)

    In order to strengthen the management of administrative law enforcement in this city, regularizing administrative enforcement actions,

    Administration according to law, in accordance with the relevant provisions of laws and regulations, combined with the practical, the development

    These measures.

    Article II (scope of application)

    The Shanghai administrative enforcement of certificate (hereinafter referred to as law enforcement certificate) apply to the application, issuance,

    Use and management-related activities governed by this approach.

    Article III (the meaning of law enforcement certificates)

    Law enforcement certificate mentioned in these measures refers to, or on behalf of the district and county people's Government

    Issue, show that administrative law enforcement personnel have administrative documents for law enforcement activities.

    The fourth section (the contents of law enforcement certificates)

    The law enforcement certificates shall contain the following:

    (A) the person, (b) law enforcement agency name;

    (C) the law enforcement types and regional;

    (D) the issuing authority;

    (E) the certificate number;

    (F) the expiration date.

    Law enforcement certificate should be stamped "Shanghai Municipal People's Government exclusive use of administrative law enforcement

    Chapter ".

    The fifth (implemented)

    Legal Affairs Office of Shanghai Municipal People's Government (hereinafter "legal")

    Responsible for the city's law enforcement certificate of audit supervision and management, printing, distribution, and use.

    District and county people's Government Affairs Office (hereafter "County Government Legal Office")

    In charge of the district and County law enforcement certificate of preliminary examination and supervision over the use of management.

    The sixth section (administrative responsibilities of law enforcement units)

    In accordance with the provisions of the laws, regulations and rules have executive law enforcement functions of the units (in

    Hereinafter "administrative unit"), which shall perform the following duties:

    (A) is responsible for the unit or the system of the law enforcement certificate of eligibility;

    (B) responsible for the unit or law enforcement certificate using the day-to-day management of the system;

    (C) administrative law enforcement personnel in charge of the unit or the system of qualification and information tubes

    The acting.

    The seventh (the management information of law enforcement certificates)

    This city establishment of information management system of Shanghai administrative enforcement personnel (hereinafter "letter

    Card management systems "), and information management of the law enforcement certificates.

    Legislative Affairs Office of the municipal government, institutions, and sectors concerned members of law enforcement agencies, knitting Business information systems.

    Legislative Affairs Office of the Municipal Government should be in the process of law enforcement certificates,

    To audit administrative law enforcement personnel on board.

    Eighth (obtain the scope of law enforcement certificates)

    Administrative enforcement of administrative enforcement unit should be engaged in the following activities of the Office

    The law enforcement certificates:

    (A) administrative penalties;

    (B) administrative enforcement;

    (C) administrative checks;

    (D) the need to produce their documents of other administrative enforcement activities according to law.

    Nineth (law enforcement kinds of specification)

    Legal Office is responsible for the preparation of list of law enforcement types.

    Administrative law enforcement units to apply for the certificate, shall, in accordance with its legal enforcement rights

    And law enforcement types list, specifications complete the application one or more enforcement types.

    Tenth (eligibility criteria)

    Apply to the personnel of law enforcement certificates shall satisfy the following conditions:

    (A) as the Chief law enforcement agency staff;

    (B) receive basic legal knowledge training and examinations.

    In addition to the conditions set out in the preceding paragraph, a municipal government department according to the system's

    Law enforcement needs of professional legal knowledge training adding conditions.

    Municipal departments should be informed promptly of any additional conditions of municipal

    House Legislative Office and County Legal Affairs Office.

    11th (consolidated application/voir) Certificate of law enforcement by administrative law-enforcement units to apply for.

    Each administrative law enforcement personnel only

    To obtain a certificate of law enforcement.

    Administrative law enforcement units to its staff to apply for the certificate should be in accordance with this approach

    Provisions of article tenth, voir conditions of the persons concerned, and to submit the relevant materials,

    Not to submit false material, such as for non-eligible persons to apply for the law enforcement certificates.

    12th (application submitted)

    Administrative law enforcement units to apply for the certificate shall, in accordance with the following provisions, by

    Information management system for submitting application materials:

    (A) municipal people's Government departments and their agencies to apply for and by the people of the city

    Government departments submit application materials to the municipal legal Affairs Office;

    (B) the following vertical departments and their agencies to apply for, by the appropriate

    Municipal works Department application materials submitted to the municipal legal Affairs Office;

    (C) District and county people's Government of work, Township people's Government departments and their agencies,

    Subdistrict offices to apply for, from district and county people's Government departments, Township people's Government,

    Subdistrict offices to the local County Government Legal Office to submit application materials.

    13th (auditing and decision)

    Shall receive municipal legal Affairs Office of the municipal government departments to submit applications

    Within 5 working days from the date of the material reviewed for eligible, be dealt with by the legal practitioners

    Law license; does not meet the conditions, it shall notify the municipal people's Government departments and the

    By the.

    County Government's Legislative Affairs Office shall within 5 working days from the date of receipt of application materials

    First instance of the application materials, to meet the conditions, submitted to the Legislative Affairs Office of the municipal government auditing; not Meet the requirements, it shall inform the applicant and state the reasons.

    Municipal legal Affairs Office shall

    Districts submit application materials via Government received within 5 working days from the date

    Audit, to meet the conditions, be dealt with by the law enforcement certificates; do not meet the criteria,

    Shall inform the District Government's Legislative Affairs Office and explain the reasons.

    14th (printing and receiving) Law enforcement certificate uniformly printed by the Legal Affairs Office of the municipal government.

    No unit and individual shall

    Forging or altering the law enforcement certificates.

    Law enforcement certificate after printing is complete, Legislative Affairs Office of the Municipal Government shall promptly notify the city

    Working agency of the Government or county governments receive legal Affairs Office.

    15th (the validity of law enforcement certificates and reissue)

    Law enforcement certificate valid for not more than 6 years.

    Law enforcement certificate within the period of validity of the damaged or lost, the administrative law enforcement personnel shall Case reported to the unit immediately and in writing.

    Unit verification, to the legal practitioners

    Forensic damaged shall, in accordance with the procedures laid down in article 12th reissued;

    The loss of law enforcement certificates, shall be announced to the public through newspapers, websites, etc, since public

    Date of expiry after 30th, in accordance with the procedures laid down in article 12th reissued.

    16th (law enforcement certificate reissue)

    Administrative law enforcement units in law enforcement should be 3 months before the expiry of the permit, in accordance with the

    The procedures laid down in article 12th, its chief law enforcement officers to issue a law enforcement

    Certificate, but not in accordance with the provisions of administrative law enforcement personnel through basic legal knowledge training and exams

    Qualified, no replacement.

    17th (the use and custody of the law enforcement certificates)

    In accordance with relevant laws, rules and regulations shall produce their identity documents, the administrative

    When law enforcement officers engaged in law enforcement activities, shall produce the certificate of law enforcement as well as to parties

    People tell the status of the administrative law enforcement personnel.

    Administrative law enforcement personnel are not allowed to exceed the law enforcement certificate indicating the region

    Administrative enforcement activities required in the law enforcement certificate indicating areas of law enforcement,

    Shall be approved by the corresponding municipal people's Government Department, but the laws, rules and regulations

    Provisions from its provisions.

    Administrative law enforcement personnel shall keep the certificate, shall not be altered, copied,

    Lent or traded the law enforcement certificates.

    18th (check the examination system)

    Municipal legal Affairs Office or county governments to organize legal Affairs Office of the enforcement certificates

    Staff to carry out checks of basic legal knowledge exam.

    Spot check failed to pass the exam of basic legal knowledge of administrative law enforcement personnel shall be provided Time to take a make-up exam.

    Make-up is not qualified, the municipality or District Legal Affairs Office Chief

    House Legislative Office may order the unit to suspend the use of law enforcement certificates and by the

    Unit to which the arrangements for their participation in less than 1 month of basic legal knowledge.

    Certificate of administrative law enforcement personnel in law enforcement was suspended during the may engage in administrative

    Law enforcement activities.

    19th (the recovery law enforcement certificates)

    Administrative law enforcement units in accordance with the certificate of holding officers dismissed or cancelled

    Law enforcement qualifications of administrative punishment or administrative punishment decisions, should recover in time for law enforcement

    Certificate.

    On administrative law enforcement units to submit false material obtained by the law enforcement certificates,

    By the city or County Government Legal Office Legal Affairs Office to recover.

    20th (the cancellation of law enforcement certificates)

    Any of the following circumstances, administrative enforcement unit shall promptly to municipal legal Affairs Office

    Or County Government Legal Office for cancellation procedures:

    (A) law enforcement certificate has expired, no valid reason for failing to apply for

    New card issued;

    (B) the officers removed from law enforcement in law enforcement certificate status, or due to mobility, speech

    Vocational, dismissal, retirement and other reasons, from the original administrative law enforcement units;

    (C) in accordance with the provisions of the present article 19th, law enforcement certificate be withdrawn;

    (D) other circumstances as shall be revoked.

    21st (the destruction of law enforcement certificates)

    Law enforcement certificate has any of the following circumstances, administrative law-enforcement units should be sent

    Destruction of the municipal or County Government Legal Office Legal Affairs Office:

    (A) according to the 16th article these measures, law enforcement certificate has been renewed;

    (B) in accordance with this approach the 20th article of the enforcement certificates have been cancelled;

    (C) to be destroyed in other circumstances.

    22nd (supervision of administrative enforcement unit)

    Administrative enforcement unit commits any of the following circumstances, the municipality or District Legal Affairs Office Chief

    Government Legal Office can issue the legal supervision recommendations:

    (A) in violation of these regulations section 11th paragraph, for those who do not meet the conditions

    Apply law enforcement certificates;

    (B) the breach of paragraph II of this article 18th, was not in accordance with the requirements set

    Woven checks fail to pass the examination of basic legal knowledge of administrative law enforcement personnel;

    (C) violation of the 18th paragraph these measures, arrangements for law enforcement certificate

    Moratorium on the use of administrative law enforcement personnel engaged in law enforcement activities;

    (D) violation of these measures the 19th article, not proactive and timely recovery of the practice

    Forensic;

    (E) violation of this article approaches the 21st, not timely sent to the law enforcement

    Certificate.

    On administrative law enforcement fraud, staff does not meet the requirements to apply for law enforcement

    Certificate, directly responsible for warning, demerit-recording or demerit; if the heavier

    , Demotion or dismissal.

    23rd (liability)

    Any entity or individual of forged or altered certificate of law enforcement by public security organs 

    Be punished according to law constitutes a crime, criminal responsibility shall be investigated according to law.

    24th (other provisions)

    Relevant departments of the State Council in the city's administrative law enforcement bodies need to apply for the certificate of

    With reference to these measures.

    The city certificate of administrative law enforcement units to apply for enforcement of the relevant departments of the State Council, in accordance with the

    Provisions of the relevant departments under the State Council.

    25th (date) These measures shall take effect on November 1, 2012.