(Adopted at the eleventh 78th ordinary meeting of the People's Government of Broad Orientale Province on 25 August 2011, No. 164 of 9 September 2011, Publication of People's Government Order No. 164 of 1 January 2012)

Article 1, in order to regulate the exercise of the right to liberty of administrative sanctions, ensure that the legal rights and interests of citizens, legal persons and other organizations are upheld in accordance with the Law on Administrative Punishment of the People's Republic of China, the Regulations on Administrative Enforcement responsibilities in the Province of Hiroshima and other relevant provisions, are formulated in conjunction with the actual provisions of this province.

Article 2. This provision applies to the norms and supervision of the executive organs within the province to exercise discretion in the exercise of administrative sanctions.

Article 3. The right to discretion in administrative penalties, as described in this article, refers to the competence of the administrative sanctions enforcement organs to decide whether, within the scope of their legal, regulatory, regulatory, regulatory and administrative penalties imposed on citizens, legal persons or other organizations in breach of the administrative order, to impose administrative penalties, to which administrative penalties are granted and to what extent administrative penalties are granted.

The administrative penalties imposed under this provision refer to organizations that have administrative and legal, legislative and regulatory authority over administrative sanctions in the province.

Article 4

More than the people at the district level are specifically responsible for the organization, guidance, supervision and supervision of the discretionary exercise of normative administrative sanctions within the current administration.

The authorities of the superior people are governed by the law and under the supervision of the Government of the people at the same level by regulating the discretionary exercise of administrative sanctions; the exercise of the right to regulate administrative sanctions is monitored by the same Government.

The authorities of the people at all levels carry out administrative inspections in accordance with the law on the exercise of the discretionary authority for administrative sanctions.

Article 5 exercises the discretion to exercise administrative sanctions, which shall be carried out within the types and range of administrative penalties provided for in the law, regulations, regulations and regulations, and shall be governed by the statutory procedures to guarantee the legitimate rights and interests of the relative administration.

Article 6. The exercise of the right to discretion for administrative sanctions should be in accordance with legal purposes and exclude interference with non-relevant factors, and measures and instruments should be necessary and appropriate.

Article 7. The exercise of the right to liberty of administrative punishment and redress for violations should be consistent with the combination of penalties and education, and to educate citizens, legal persons or other organizations on their own compliance.

Article 8. The exercise of the right to liberty of administrative sanctions should be based on facts, nature, circumstances, and social hazards, in line with the level of economic development where the offence occurs.

Article 9 exercises the discretion to impose administrative penalties, which are the same or similar offences as those of fact, nature, circumstances, and level of social harm, and the types and scope of the penalties applicable should be the same.

Article 10. The executive organs shall establish the rules applicable to the discretion of this unit, in accordance with article 17 of the Regulations on Administrative Enforcement responsibilities in the Province of Broad Orientale, and shall be made public to society.

The administrative penalties imposed by the Government of the Provincial People or by the authorities of the people of the city, which have the conditions to do so, can harmonize the rules applicable to the discretion of the administrative sanctions of the system.

The rules applicable to the discretionary application of administrative penalties should include the criteria for administrative sanctions, the conditions applicable and the procedures for determining them.

The executive organs and their staff shall exercise the discretion to impose administrative sanctions in accordance with the rules applicable to the discretionary application of administrative penalties.

Article 11

Article 12 establishes the criteria for determining administrative penalties and the conditions for their application shall be subject to the following provisions:

(i) Legal, regulatory and regulatory provisions may choose whether administrative sanctions are punishable and whether specific criteria and applicable conditions for administrative sanctions should be clearly defined;

(ii) Legal, regulatory and regulatory provisions that may choose the type of administrative penalties and should clearly apply specific criteria and applicable conditions for different types of administrative sanctions;

(iii) Legal, regulatory and regulatory provisions that may choose the range of administrative penalties shall determine the criteria and the conditions applicable in accordance with the facts, nature, circumstances, and the degree of social harm;

(iv) The legal, regulatory and regulatory provisions may be available and administratively sanctioned separately and should clarify the criteria and conditions for the specificity of a single or administrative sanction.

Article 13 has one of the following cases and is not punishable by law:

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

(ii) Psychiatrics have an offence when they cannot be identified or cannot be controlled;

(iii) A minor offence and has been corrected in a timely manner without causing consequences;

(iv) Other circumstances in which the law, regulations and regulations provide for penalties.

The offence was not found within two years and no administrative punishment was granted. Except as otherwise provided by the law.

Article 14.

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

(ii) To proactively remove or mitigate the consequences of violations;

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

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

(v) The legal, regulatory and regulatory provisions should be light or mitigated.

Article 15. The parties have one of the following cases and should be punished by law:

(i) Disturbing public order, impeding public safety, violating the rights of the person, property and impeding the management of the society, in serious circumstances, which have not been committed;

(ii) The continued commission of an offence following an administrative penalties imposed by the executive and its law enforcement officers' order to cease and punish the violation;

(iii) To conceal and destroy evidence of violations;

(iv) The main role of common offences or the instigation, coercion and the inspiration of others to commit violations;

(v) Several violations committed;

(vi) Counter reprisals against reportingers and witnesses;

(vii) obstruct the investigation by law enforcement officials of violations;

(viii) Other circumstances in which the provisions of the law, regulations and regulations should be punished.

Article 16 governs the exercise of the right to liberty by the executive organs and shall justify the administrative sanctions decision.

Article 17 shall establish a system of collective discussions on major administrative penalties. Collective discussions should be recorded and file.

Article 18

Article 19 Administrative penalties enforcement agencies should regularly organize substantive training by administrative law enforcement personnel through advocacy training, analysis of typical cases.

More than the people at the district level, the rule of law institutions or their research institutions, should assist and guide administrative enforcement training.

Article 20 should establish a sound administrative enforcement accountability system to strengthen the normative and oversight of the exercise of the right to discretion in administrative sanctions.

Article 21 Governments and their respective departments should monitor the exercise of the discretion to regulate administrative sanctions, including through administrative law enforcement supervision inspections, administrative law enforcement review missions, and administrative law enforcement review.

The exercise of the discretion to regulate administrative sanctions should be gradually integrated into the administrative law enforcement e-monitoring system.

Article 22 imposes one of the following circumstances on the executive organs, which should be responsible for redressing them; in serious circumstances, are criticized by the superior body and are held accountable to the executive responsibilities of the principal head and the person directly responsible under the law:

(i) The rule of application of the right to administrative punishment is not established;

(ii) Failure to apply the rules applicable to the right to administrative punishment to society;

(iii) The exercise of the discretionary right to administrative punishment in accordance with the rules applicable to the discretionary application of administrative penalties in this unit or the system;

(iv) Inadequate exercise of the discretionary power of administrative sanctions, which causes significant loss or adverse effects.

Article 23 of the rule of law at all levels of the people's Government has found that the executive organs of the Government of the people at this level, in violation of this provision, should be responsible for correcting them or bringing them to the Government of the people at this level and to follow up on the situation; in the case of serious circumstances, it may be recommended that the organ be dismissed or the inspectorate be held accountable by law to its principal and direct responsibilities.

Article 24 The executive organs concerned should establish rules for the application of the right to discretion for administrative sanctions within six months of the operation of this provision.