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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Qingdao cultural market administrative law enforcement integrated management approaches (June 8, 2012, Qingdao City, the 15th session of the Standing Committee of the people's Government of the 2nd review by June 20, 2012, Qingdao municipal people's Government announced order No. 216, come into force on August 1, 2012) the first to standardize the administration of cultural market comprehensive law enforcement, strengthen the management of the cultural market, maintaining the cultural market order, protect the legitimate rights and interests of citizens, legal persons and other organizations, promote the health and prosperity of cultural undertakings and the cultural industry development, in accordance with the People's Republic of China Law on administrative punishment

    And related laws and regulations, combined with the city's actual, these measures are formulated.

    Second cultural market in these measures refers to culture, radio, film and television, journalism, publishing, copyright, cultural and other fields of business activity.

    Cultural market comprehensive law enforcement refers to municipal and district (municipal) cultural market administrative law enforcement departments in accordance with the provisions of the relevant laws, rules and regulations, the relative concentration of exercise of the right of management of the cultural market administrative penalties, on the cultural activities of citizens, legal persons or other organizations carry out supervision and inspection, and violations of the administrative act.

    Cultural market comprehensive law enforcement article should follow lawful, fair and open principles, the principle of combining punishment with education, strict law enforcement, enforcement, and consciously accept the supervision of the public.

    Fourth, cultural market administrative law enforcement departments are responsible for the work of the municipal administration of cultural market comprehensive law enforcement co-ordination, planning, organization, coordination, and supervision of district (municipal) administration of cultural market comprehensive law enforcement efforts, and to investigate and punish violations of the cultural market.

    District (municipal) cultural market administrative law enforcement agencies responsible for the Administration in the cultural market administrative law enforcement.

    District (municipal) cultural market administrative law enforcement departments when necessary, you can delegate subdistrict office (Government) implement the relevant cultural market comprehensive law enforcement.

    Public security, industry and commerce, communication management, law enforcement and other departments shall, in accordance with their respective responsibility to culture-related law enforcement.

    Article fifth cultural market administrative law enforcement departments exercise the right to the following administrative penalties: (a) entertainment, Internet online service business premises, Internet culture, commercial performance, art, works of art and other fields of cultural administration administrative penalty, (ii) movies, radio, television, the Internet, audiovisual programs, satellite ground receiving facilities for radio, film and television administration administrative penalty;

    (C) publishing (Web publishing), printing (copying), issuing press and publication administrative areas, such as administrative penalty;

    (D) literary arts, natural sciences, social sciences, engineering, technology and copyright administration administrative penalty;

    (E) cultural relics protection, management of cultural relics administration of cultural relics areas, as well as administrative punishment right for the protection of the intangible cultural heritage; 

    (F) the laws, rules and regulations and the provincial people's Government for decision exercised by the cultural market administrative law enforcement departments of administrative punishment right.

    Administrative punishment by the cultural market administrative law enforcement departments after concentrated exercise, other departments may not exercise; continue to exercise, its administrative decision is invalid.

    The sixth cultural market administrative law enforcement personnel shall be subject to article legal knowledge and professional knowledge training and qualification examinations of administrative law enforcement, provincial people's Government, unified system of administrative law enforcement documents before they can engage in law enforcement.

    Article seventh the following cultural market management law by the city's cultural market administrative law enforcement departments:

    (A) major difficult or important;

    (B) specify municipal people's Government investigated;

    (C) assigned by the relevant departments of the State, province, or supervision.

    Other investigations by the violations to the district (municipal) cultural market administrative law enforcement departments. The eighth city, district (municipal) cultural market administrative law enforcement departments have no jurisdiction over the case, should be handed over to the jurisdiction of 3rd Division.

    Sectoral shall not refuse to accept transfer. 

    An unlawful act of a crime, shall be transferred to the judicial organs in accordance with the relevant provisions according to law.

    Nineth more district (municipal) cultural market administrative law enforcement agencies have jurisdiction over that first found violations of district (municipal) cultural market administrative law enforcement departments are responsible for under the dispute over jurisdiction, jurisdiction designated by the municipal cultural market administrative law enforcement departments and, if necessary, can be investigated directly by the municipal cultural market administrative law enforcement departments. Tenth cultural market administrative law enforcement officers in the execution of their duties, shall be uniform.

    Cultural market administrative law enforcement in dealing with offences, enforcement shall be at least two people, and shall produce to the party or person concerned administrative law enforcement certificates.

    11th cultural market administrative law enforcement personnel in law enforcement, it may take the following measures:

    (A) enter into the inspected unit or site inspection;

    (B) to stop or correct the violations taking place;

    (Iii) access, accessing, copying, photographing, recording, relevant evidential materials, sampling of evidence or advanced registration and preservation of relevant evidence;

    (D) review of publications testing, monitoring and supervision of broadcasting content;

    (E) other measures stipulated by laws, rules and regulations.

    12th cultural market administrative law enforcement departments to exercise the right of administrative punishment can be associated with administrative penalty according to the law of the right of administrative coercive measures, the premises, facilities, or property seized or detained.

    Cultural market administrative law enforcement departments according to law the seizure of facilities or property shall take good care of, you may not use or damage. 

    13th article culture market administrative law enforcement sector take seized, and seized measures Hou, on illegal facts clear of, in provides term within according to following provides made processing decided: (a) law should confiscated of, be confiscated; (ii) law should destroyed of, be destroyed; (three) cannot determine party or party refused to accept survey of, culture market administrative law enforcement sector should announcement 60 future, law made confiscated, and destroyed decided. Cultural market administrative law enforcement departments to lift attachment, seizure, property should be returned to the party.

    The failure to notify the party concerned or the parties concerned refused to claim after receiving notice, cultural market administrative law enforcement departments should notice 60 days notice expires is not claimed, may be prosecuted.

    14th municipal cultural market administrative law enforcement departments in accordance with the provisions of article permission to identify suspected illegal publications.

    Municipal cultural market administrative law enforcement departments to the related Department for illegal publication and identification applications, should be making conclusions or provide professional advice in a 15th; complexity really necessary extended, approved by the heads of departments, may be appropriately extended, but extend the deadline up to 30th.

    15th cultural market administrative law enforcement authorities before making a decision of administrative penalty, it shall inform the party making the decision on administrative penalty facts, reasons, basis as well as the Parties shall have the right, and the statements of the parties should be heard and defend themselves, not aggravating by the parties exercise their right to defend themselves.

    16th administrative punishment decision letter should be pronounced the spot after party recorded in the certificate of service by the parties the date of receipt, signed or sealed.

    Without the presence of the parties, shall, from the date of the decision on administrative penalty made on 7th, service of the decision on administrative penalty according to law the parties.

    17th the parties specific to the cultural market administrative law enforcement departments of administrative acts, may apply for administrative reconsideration, administrative reconsideration organs according to law, or directly to the people's Court to file an administrative lawsuit in accordance with law. 18th cultural market administrative law enforcement departments to make administrative punishment decision, the Parties shall perform.

    Party fails to carry out administrative punishment decision, the cultural market administrative law enforcement departments can enforce or apply to a people's Court for compulsory execution.

    19th cultural market administrative law enforcement departments should establish and improve law enforcement personnel training and qualification management, enforcing standards and norms, major legal argument and supervising the execution of cases of supervision system, implement the responsibility system for administrative law enforcement.

    20th shall, together with the cultural market administrative law enforcement of public security, industry and commerce, communication management, law enforcement and other relevant departments to establish a sound cultural market comprehensive law enforcement mechanism, strengthen information exchange, coordination of work, guarantee the smooth administration of cultural market comprehensive law enforcement work.

    21st article culture market administrative law enforcement sector law carried out law enforcement check, involved culture, and broadcast Movie TV, and news published, and copyright, and heritage, aspects administrative license matters of, should timely will law enforcement situation written informed made administrative license of sector; made revoked administrative license punishment decided of, should since made decided of day up 15th within will administrative punishment decided book copies and the related material CC made administrative license of sector.

    Culture, radio, film and television, journalism, publishing, copyright, heritage, such as administrative permits shall conclude set up, change and continuity, revocation, cancellation date of administrative licensing items in the 15th, the licensing book copies and related materials, send a copy of cultural market administrative law enforcement departments.

    22nd cultural market administrative law enforcement departments should establish cultural market comprehensive law enforcement technical regulation system, full data collection administrative information in a timely manner and verify on a regular basis, to dynamic cultural market and business activities.

    Article 23rd cultural market administrative law enforcement departments work requirements, included in the financial budgets.

    Cultural market administrative law enforcement by administrative law-enforcement departments should be equipped with the necessary equipment and facilities, and in accordance with the relevant provisions of law enforcement officers take out personal accident insurance.

    24th cultural market administrative law enforcement departments should establish and improve the cultural offence reporting system of incentives in the market, reported to the public receives postal address, phone and e-mail. Any unit and individual have the right to complain, to report violations of the cultural market.

    Cultural market administrative law enforcement departments should be handling complaints within 5th of verification, processing, processing feedback reports, and shall not disclose the identity of the whistle-blower complaints.

    Cultural market administrative law enforcement departments to report illegal workers in accordance with the relevant provisions of incentives needed to reward funds allocated by the financial sector.

    25th cultural market administrative law enforcement departments should take the initiative to the scope, duties, law enforcement based on standards, law enforcement procedures, penalties and other enforcement management information to the public, and accept their supervision.

    Citizens, legal persons and other organizations have found cultural market administrative law enforcement departments and law-enforcement personnel in law enforcement activities in the offence or misconduct have the right to their unit, the higher administrative authorities or supervisory authority report, complaint, complaints, received a report or complaint, the Appeals Department shall promptly verify and feedback comments.

    26th cultural market administrative law enforcement departments and personnel of any of the following acts, the relevant departments in charge of personnel and other liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) abuse of authority, violations of the legitimate rights and interests of citizens, legal persons and other organizations;

    (B) the terms using or operating the solicitation or acceptance of other people's property, or support, condone or cover up the cultural market of illegal business activities;

    (C) counterfeiting, falsification, concealment or destruction of evidence;

    (D) neglect of duty, delaying work;

    (V) the disclosure report content and enforcement arrangements;

    (Vi) other acts in violation of laws, rules and regulations.

    Cultural market administrative law enforcement department illegal exercise of authority and law enforcement personnel, damage caused to citizens, legal persons or other organizations, shall give compensation. 27th article this way come into force on August 1, 2012.

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