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Qingdao Cultural Market Administrative Law Enforcement Integrated Management Approaches

Original Language Title: 青岛市文化市场综合行政执法管理办法

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Integrated administrative enforcement management approach to the cultural market of Blue Island

(Summit 2nd ordinary meeting of the Fifteenth People's Government of Blue Island, 8 June 2012, to consider the publication, effective 1 August 2012.

Article 1 strengthens cultural market management, preserves cultural market order, protects the legitimate rights and interests of citizens, legal persons and other organizations, promotes the healthy development of cultural and cultural industries, in accordance with the National People's Republic of China's Administrative Punishment Act and the relevant laws and regulations, and develops this approach in conjunction with the reality of this city.

Article II refers to the cultural market referred to in this approach to business activities in the areas of culture, radio movie television, press publication, copyrights, artefacts.

Integrated administrative law enforcement in cultural markets means that the municipal, district (commune) cultural market administration is relatively concentrated in the exercise of administrative sanctions in the area of cultural market management, supervision of cultural business activities by citizens, legal persons or other organizations, and administrative acts of violations.

Article 3 Integrated administrative enforcement in the cultural market should be guided by the principles of legality, justice and openness, punishment and integration with education, strict enforcement, civilized law enforcement and self-respect for the supervision of the public.

Article IV. The executive branch of the municipal cultural market is responsible for the integrated, planning, organization, coordination, supervision of integrated administrative enforcement in the area of guidance (market) cultural market, and for violations of the cultural market by law.

The executive branch of the cultural market is responsible for the integrated administrative enforcement of the cultural market in the present administration.

Where necessary, the district (market) executive branch of the cultural market can be entrusted with the implementation of the relevant integrated administrative enforcement of cultural markets by the Street Office (the town government).

Sectors such as public security, business, communications management, urban law enforcement should be governed by their respective responsibilities.

Article 5

(i) The right to administrative punishment in the area of cultural administration, such as recreational sites, Internet access services, cyberculture, business performance, art and art;

(ii) Administrative penalties in the area of radio TV administration, such as film, radio, television, Internet audio-visual programmes, satellite ground access facilities;

(iii) The right to administrative punishment in the area of administration of the publication of public information, such as web publication, printing (releading), distribution;

(iv) The right to administrative punishment in the field of copyright administration of works such as literary art, natural science, social science, engineering technology;

(v) The right to administrative punishment in the area of property protection, such as the operation of property, and the protection of intangible cultural heritage;

(vi) The laws, regulations, regulations and regulations and the decision of the Government of the Provincial People to impose other administrative sanctions on the executive branch of the cultural market.

The right to administrative punishment is exercised after the relative concentration of the law enforcement authorities in the cultural market, and other sectors may not be exercised; it continues to be exercised and its administrative sanctions decisions are null and void.

Article 6. Law enforcement officials in the cultural market should be trained by legal knowledge and operational knowledge and qualified by administrative law enforcement examinations, and access to administrative law enforcement documents issued by the Government of the Provincial People.

Article 7: The following cases of violations in the area of cultural market management are governed by the municipal cultural market administration.

(i) Significant doubts or impacts;

(ii) The designation by the Government of the city of the Challenge;

(iii) The State, the relevant departments of the province, or the supervision.

Other cases are governed by the law enforcement branch of the cultural market in the area where the offence occurs.

Article 8. The commune, district (market) administrative enforcement services consider that the case does not have jurisdiction and should be transferred to the competent sector within three days. The sectors that were transferred should not be denied.

The offence is suspected of being committed and should be transferred to the judiciary in accordance with the relevant provisions.

Article 9. The executive branches of the cultural market are entitled to the jurisdiction of the two regions (markets) and are governed by the executive branch of the cultural market, which is the first to find the offence; jurisdiction disputed by the executive branch of the municipal cultural market and, where necessary, directly by the municipal cultural market administration.

Article 10 Administrative law enforcement officials in the cultural market should be uniformed when carrying out their duties. Officials of the cultural market shall not be less than two persons in the investigation of the offence and shall present administrative law enforcement documents to the parties or the person concerned.

Article 11 Administrative law enforcement officials in the cultural market may take the following measures by law:

(i) Access to inspection units or on-site;

(ii) To put an end to and redress ongoing violations;

(iii) Access, access, reproduction, photographing, recording of evidence materials, sampling or pre-registration of the relevant evidence;

(iv) A review of publications and a briefing for broadcast television broadcasts;

(v) Other measures under laws, regulations and regulations.

Article 12. When the executive branch of the cultural market exercises the right to administrative sanctions, the right to administrative coercive measures relating to the right to administrative punishment may be exercised in accordance with the law and the seizure or seizure of the relevant places, facilities or property.

The cultural market administrative law enforcement authorities should keep the facilities or property seized under the law and shall not be used or destroyed.

Article 13, after the seizure and seizure measures taken by the executive branch of the cultural market, is clear about the facts of the violation and, within the time frame, decides to address the following provisions:

(i) Forfeiture by law;

(ii) It should be destroyed by law;

(iii) It is not possible to determine whether the parties or the parties refuse to accept the investigation, and the law enforcement authorities of the cultural market should be declared 60 days before the law takes confiscation, destruction decisions.

The executive branch of the cultural market shall remove the seizure and seizure measures and shall return the property to the party. The executive branch of the cultural market should be declared 60 days after the notice cannot be communicated to the parties or to the parties, and the notice shall be disposed of by law.

Article 14.

The municipal cultural market administrative law enforcement authorities should, after having received requests from the relevant departments for the identification of illegal publications, conclude or professional opinions within 15 days; the complexity of the situation would require an extension, with the approval of the head of the sector, could be extended appropriately, but the extension period would not exceed 30 days.

The facts, rationales, and the rights of the parties under the law should be informed by law before the executive law enforcement decision of the cultural market shall be taken in advance of the administrative sanctions decisions of the parties, and shall be heard by the parties, in the defence, and shall not be subject to increased penalties for the exercise by the parties of the right to be heard.

Article 16 shall be delivered to the parties at the time of the declaration, by the parties at the date of receipt, by the date of signature or chapter.

In the absence of the parties, the letter of administrative penalties should be sent to the parties by law within 7 days of the date of the administrative sanctions decision.

Article 17. Specific administrative actions by parties against the executive branch of the cultural market may be applied by law to the executive review body, or administrative proceedings directly to the People's Court.

Article 18 The law enforcement authorities of the cultural market may be enforced by law or applied to the enforcement of the People's Court.

Article 19 Administrative law enforcement authorities in the cultural market should establish systems for the training and qualifications of law enforcement officials, law enforcement standards and norms, legal arguments on important matters, case law enforcement, etc. to enforce administrative law enforcement.

Article 20 Administrative law enforcement in the cultural market should establish an integrated enforcement mechanism for the sound cultural market with the relevant sectors, such as public security, business, communications management, urban law enforcement, strengthening information communication, working collaboration and ensuring the smooth implementation of integrated administrative enforcement in the cultural market.

Article 21, the executive branch of the cultural market shall conduct law enforcement inspections in accordance with the law relating to administrative licence matters such as culture, radio movie television, press publication, copyrights, and material, shall communicate the law enforcement in a timely manner to the sectors in which administrative licences are made; and the decision to revoke administrative licences shall be taken within 15 days of the date of the decision of the decision to reprint administrative sanctions decisions and the related materials to the sectors that have taken administrative licences.

The administrative licensor departments in the areas of culture, radio movie television, press publication, copyrights and material should be sent to the administrative enforcement sector of the cultural market within 15 days of the date of the administrative licence, such as the establishment, change, extension, cancellation and write-off.

Article 2 Administrative enforcement in the cultural market should establish an integrated administrative enforcement technical regulatory system for the cultural market, complete and verifiable information on the administration and dynamic regulation of the operation of the cultural market.

Article 23 Financial requirements for the administration of the cultural market are included in the current financial budget.

The executive branch of the cultural market should be equipped with the facilities necessary for administrative law enforcement and purchase personal accidental injury insurance for law enforcement officials in accordance with the relevant provisions.

Article 24, the executive branch of the cultural market should establish a system of incentives for the reporting of violations in the cultural market and make it available to society for the harmonization of the communications addresses, telephones and e-mail of the reports.

Any unit and individual have the right to complain, report on cultural market violations. The executive branch of the cultural market should be checked, processed within 5 days of the date of receipt of the complaint report and will deal with the feedback of the complainant and shall not disclose the identity of the complainant.

The executive branch of the cultural market gives incentives for reporting violations in accordance with the relevant provisions, and the provision for incentives is made by the financial sector.

Article 25

Citizens, legal persons and other organizations have found that the executive branch of the cultural market and its law enforcement personnel are in conflict with or wrong in law enforcement activities and have the right to inspect, prosecute, complain, complain, complain, receive prompt verification, prosecution and complaints, and the prosecution and prosecution services.

Article 26 Administrative law enforcement in the cultural market and its law enforcement personnel have one of the following acts, which are taken by the relevant authorities against the responsible supervisors and other responsible persons by law; and constitute a crime and are criminally criminalized by law:

(i) Abuse of mandates and violations of the legitimate rights and interests of citizens, legal persons and other organizations;

(ii) To request or receive the property of another person, or to support, condoned, shelter cultural market activities in violation of the law;

(iii) Constraint, alteration, concealment or destruction of evidence;

(iv) Believing work of negligence and misery;

(v) Disclosure of the content of reports and the arrangements for law enforcement operations;

(vi) Other violations of laws, regulations and regulations.

The executive branch of the cultural market and its law enforcement officials are in breach of their duties, causing damage to citizens, legal persons or other organizations, and should be compensated by law.

Article 27 of this approach is implemented effective 1 August 2012.