Power Of Relatively Concentrated Administrative Punishment Measures For The Implementation Of Urban Management In Yinchuan (Trial) 2012 (Revised)

Original Language Title: 银川市城市管理相对集中行政处罚权实施办法(试行)(2012年修正本)

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Power of relatively concentrated administrative punishment measures for the implementation of urban management in yinchuan (trial) 2012 (revised) (Released on February 7, 2012, 1th of May 29, 2004 municipal people's Government of yinchuan, the 2nd release come into force on the date of promulgation of the decision of the Government of the people's Government of yinchuan, on modifying some government regulations Amendment) first in order to strengthen urban management, improve the efficiency of administration of the city, according to the People's Republic of China Law on administrative punishment, the State Council decision on further advancing the power of relatively concentrated administrative punishment

    And autonomous regional people's Government in yinchuan city management area of relative-centralized administrative punishment right pilot approval as well as the provisions of relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second city and municipal Xingqing district urban management, xixia district, jinfeng district, relative-centralized administrative punishment right and administrative enforcement power associated with administrative punishment and administrative inspection rights (hereinafter referred to as administrative punishment right) exercise these procedures apply.

    This article approaches implemented by the Organization of comprehensive urban management enforcement in yinchuan City Council.

    Comprehensive urban management enforcement Bureau received municipal, city and district, the District Government, within the limits of authority in the area in accordance with this approach the exercise of power of relatively concentrated administrative punishment and accepted operational guidance in the municipal administration.

    City appearance and environmental sanitation, gardening, construction, planning, land and resources, environmental protection, housing, water supply, industry and commerce, public security and other municipal and district administrative departments shall cooperate with municipal and District Department of comprehensive urban management enforcement relatively centralized administrative punishment right in urban management.

    Fourth municipal and district comprehensive urban management enforcement agency shall perform the following duties:

    (A) the management of city appearance and environmental sanitation rights to administrative penalties stipulated in laws, rules and regulations.

    (B) green management, municipal engineering, facilities management, urban planning and management, environmental protection and management, real estate management, water management, business management, public security and traffic management, legislation, the right to administrative penalties stipulated in laws and regulations.

    (C) the right to an administrative penalty stipulated by the municipal people's Government. Fifth Bureau of comprehensive urban management enforcement is in charge to guide and coordinate the city's relative-centralized administrative punishment right, major organizing the city's administrative law-enforcement activities and work at the sudden violation, to the city's outdoor advertising settings and set construction on the main street, operated such illegal exercise of administrative punishment right, to monitor the three-region administrative punishments.

    Municipal district within the scope of comprehensive urban management enforcement Bureau responsible for city administration of administrative punishments, business led by the municipal Bureau of comprehensive urban management enforcement, work under the direction of the District Government transfers.

    Parks, squares, and other special areas in the urban area, commissioned by the area of comprehensive urban management enforcement Bureau Park, Plaza management to investigate and punish violations, the jurisdiction of law enforcement officers from the Department of comprehensive urban management enforcement supervision and management.

    Sixth after the relatively centralized administrative punishment right, the original will no longer perform related administrative law enforcement departments has focused on referred to the comprehensive urban management enforcement Bureau part of the exercise of administrative punishment right, continues to exercise, make a decision of administrative penalty shall be invalid, and bear the corresponding legal responsibility.

    Article seventh according to the management of city appearance and environmental sanitation laws, provisions of the statutes and regulations, exercise of the power of administrative penalty.

    Article eighth according to provisions of law and rules and regulations of green management, exercise besides the greening project planning and construction of administrative punishment of violations.

    Nineth according to municipal engineering facilities management laws, regulations and rules of the exercise in addition to the municipal engineering design, construction, inspection, maintenance, repair, and other violations of the right of administrative punishment. Tenth article according to city planning management aspects legal, and regulations and regulations of provides, exercise on effect city planning of implementation, illegal occupied road, and square, and green, and high pressure power corridor, and pressure accounted for underground pipeline for construction of violations of administrative punishment right; exercise on without city planning administration sector agreed in city planning district within illegal mess take mess built, and set waste garbage yard, unauthorized in city main blocks locations set advertising brand, and Gallery, and signs, and window and occupied sidewalk set newspaper Pavilion, and booth, and

    Fixed stalls, such as administrative punishment of violations. 

    11th according to the provisions of laws, rules and regulations on environmental protection, noise pollution and exercise on social life in densely inhabited areas burning poisonous smoke and odor material violations of the administrative right of penalty.

    12th according to provisions of laws, regulations and rules in real estate management, exercised within the Realty Management area in violation of set construction of administrative punishment of violations.

    According to the works for the 13th management provisions of the laws, regulations and rules, on city channel, channel, landscape watercourse civil strife took the construction of administrative punishment of violations of, dumping of waste.

    14th according to industrial and commercial administration of provisions of laws, regulations and rules, on downtown streets, Plaza mobile operating without a violation of administrative punishment.

    15th according to the public security traffic management provisions of the laws, rules and regulations, exercise of the motor vehicle on the sidewalk parking violations of administrative punishment right for non-specified locations.

    16th article to comply with urban planning regulations, unauthorized structures obstructing the public safety, public health, urban transport and cityscape which do not conform to the city appearance standards, sanitation standards for buildings and structures, torn down according to law, the municipal, District Department of comprehensive urban management enforcement in accordance with the People's Republic of China administrative mandatory law provisions. 17th municipal and District Department of comprehensive urban management enforcement violation reporting system should be established, and the informer confidential to citizens, legal persons or other organizations to report violations, is a mandate, municipal and district comprehensive urban management enforcement Bureau shall promptly investigate; outside the area of responsibility of the genus, municipal and district management of comprehensive urban management enforcement Bureau should be transferred to the relevant departments.

    City and District Department of comprehensive urban management enforcement should be investigated or transferred to inform the informers.

    18th city administration found violations, shall be ordered to correct or rectify; refusing to desist from the illegal act, provisions of laws and regulations can be made to attach the tool and its use.

    19th when Bureau of comprehensive urban management enforcement impose administrative penalties in cases of minor and correct, caused no harmful consequences, no administrative penalties.

    A violation on the parties for more than two legal provisions, rules and regulations, and they should be given a fine of, cities and districts of comprehensive urban management enforcement Bureau which can be applied to heavy penalties to give the administrative penalty shall not be combined or repeated fines.

    20th of municipal, district comprehensive urban management enforcement in surveillance activities beyond the scope of responsibilities is found in violation, it shall transfer the relevant management process, and provide the necessary evidence or material.

    Related departments without good reason, refuse to accept the transfer of municipal and District Department of comprehensive urban management enforcement cases, and make a decision later to inform the municipal and District Department of comprehensive urban management enforcement.

    21st city and district comprehensive urban management enforcement Bureau and the city appearance and environmental sanitation, landscaping, construction, planning, land and resources, environmental protection, housing, water supply, industry and commerce, public security and other relevant administrative departments, municipal and district shared with urban management power of relatively concentrated administrative punishment relating to administrative penalties and administrative licensing information.

    City appearance and environmental sanitation, landscaping, construction, planning, land and resources, environmental protection, housing, water supply, industry and commerce, public security and other relevant administrative departments to make decision on the administrative license shall be made within 5 working days after sending municipal and District Department of comprehensive urban management enforcement.

    City and district comprehensive urban management enforcement Bureau found that when the relevant administrative departments for failing to perform their duties, and should inform the relevant administrative departments or to report to the municipal people's Government. City and District Department of comprehensive urban management enforcement of administrative penalty decision shall be made within 5 working days, in accordance with the types of cases penalty decision will be sent the relevant administrative departments and superior comprehensive urban management enforcement Bureau records.

    Relevant administrative departments found improper punishment of comprehensive urban management enforcement Bureau, shall, within 5 business days of comprehensive urban management enforcement feedback to Council of comprehensive urban management enforcement Bureau have not been corrected, related administrative departments can draw the people's Government at the monitor to correct. 22nd city and district comprehensive urban management enforcement Bureau investigated cases, requiring party to go through the relevant formalities, shall promptly notify the related administrative departments after investigation, and order the party to go through the relevant formalities.

    Need to compensate for the losses, from law enforcement to notify related departments to order the party to compensation.

    City and District Department of comprehensive urban management enforcement in the enforcement process, found when the relevant administrative departments for failing to perform their duties, shall inform the relevant administrative departments.

    23rd San district, Bureau of comprehensive urban management enforcement of comprehensive urban management enforcement Bureau enforcement activity has the right to monitor, found that the violations should be investigated and dealt with without investigation should be ordered to conduct investigation or direct investigation, found the mistake investigation, may order him to be correct or corrected directly and hold accountable those responsible for the administrative and legal responsibility.

    Of comprehensive urban management enforcement Bureau of the city's major administrative law enforcement activities and to deal with the sudden violation, you can command, mobilized three comprehensive urban management enforcement Bureau's enforcement team to participate.

    Department of comprehensive urban management enforcement in accordance with article 24th of the People's Republic of China administrative penalties law applicable under the General procedure of administrative punishment, since the discovery of violations committed within 15th of the decision on administrative penalty, complex cases need an extension decision of administrative penalty shall be approved by the Chief, but the extension of the maximum period shall not exceed 30 working days.

    25th city administration the Chief law enforcement officer in the execution of their duties, shall be not less than 2, must wear a uniform enforcement of marks, administrative enforcement of the autonomous regional people's Government printed documents, and in accordance with the People's Republic of China impose administrative penalty procedure under the law on administrative punishment.

    26th a citizen, legal person or other organization of comprehensive urban management enforcement of administrative penalty decisions made to request a hearing can be validly made the decision on the punishment of comprehensive urban management enforcement, apply for a hearing from the comprehensive urban management enforcement Bureau or the Department of comprehensive urban management enforcement hearing in conjunction with the relevant administrative departments.

    27th refuses or obstructs the city administration personnel performing official business according to law, and the use of violence or threat, by the public security organs in accordance with the People's Republic of China public security administration punishment regulations for punishment, constitute a crime, criminal responsibility shall be investigated according to law.

    28th of municipal and district comprehensive urban management enforcement Bureau should carry out administrative law enforcement responsibility and open evaluation system, establish and perfect the administrative law enforcement personnel of a unified training, unified assessment and job rotation system, to improve political quality and professional level of law enforcement personnel, strictly enforce the law, impartial, and civilized law enforcement. 29th City Administration should enforce the law impartially.

    To abuse their powers, neglect their duties, favoritism, bribes, in accordance with administrative privileges be given administrative sanctions by the relevant authorities; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    30th party who refuses to accept the comprehensive urban management enforcement of administrative penalties, could apply for administrative review, or you can directly initiate litigation to the people's Court. 31st article this way as of August 16, 2004.

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