Tianjin Culture Market Is Relatively Centralized Administrative Punishment Right

Original Language Title: 天津市文化市场相对集中行政处罚权规定

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Tianjin culture market is relatively centralized administrative punishment right (On October 22, 2009 Tianjin City Government 37th times Executive Conference considered through on October 29, 2009 Tianjin City Government makes 23rd, announced since on December 1, 2009 up purposes) first article for strengthening culture market management, specification culture market administrative law enforcement behavior, protection citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China administrative punishment method and State on further advance relative concentrated administrative punishment right work of decided (country sent [2002

    ], 17th), as well as other relevant laws, rules and regulations, based on actual city, these provisions are formulated.

    Culture referred to in the provisions of article marketing power of relatively concentrated administrative punishment, refers to the cultural market administrative law enforcement agencies focus on laws, regulations, rules and regulations should be made up of culture, radio, film and television, heritage, news publishing, copyright administrative departments in the exercise of administrative punishment and related administrative enforcement, powers of supervision and inspection.

    Article City cultural market administrative law enforcement agencies responsible for the implementation of this provision.

    Public security, industry and commerce, city administration and other relevant departments shall, in accordance with their respective responsibilities, with cultural market administrative law enforcement agencies and make cultural market administrative law enforcement.

    Fourth, cultural market administrative law enforcement as a municipality directly under the administration of law enforcement agencies, centralized exercise the following administrative penalties stipulated in laws, regulations and rules right:

    (A) exercised by the administration of culture, radio, film and television sectors of the administrative right of penalty;

    (B) exercised by the Administrative Department for cultural relics administrative penalty;

    (C) exercised by the Administrative Department of press and publication administrative penalty;

    (D) by the Copyright Administration Department of administrative punishment right

    (E) the laws, rules, regulations or municipal people's Government for decision of other cultural market administrative punishment.

    Cultural market administrative punishment power focused, relevant administrative department is no longer a right of administrative penalties stipulated in the preceding paragraph; continue to exercise, its administrative decision is invalid.

    Fifth of municipal cultural market administrative law enforcement agency responsible for the city's cultural market administrative law enforcement and its co-ordination work, organization, scheduling, and guide the district and County cultural market power of relatively concentrated administrative punishment, and was responsible for investigating the following cases:

    (A) the laws, rules and regulations required by the municipal culture, radio, film and television, heritage, news publishing, copyright administrative departments investigated;

    (B) assigned by the national authorities or supervision;

    (C) specify municipal people's Government investigated;

    (D) major difficult or important.

    Sixth cultural market administrative law enforcement agencies work requirements, included in the financial budgets.

    Seventh cultural market administrative law enforcement personnel shall be through administrative examination, Tianjin City, obtained a certificate of administrative law enforcement, may engage in law enforcement activities.

    Eighth article cultural market administrative law enforcement must adhere to strict law enforcement, justice, and civilized law enforcement, subject to public supervision.

    Nineth cultural market administrative law enforcement agencies should establish a sound administrative system, perform their duties within the statutory limits in accordance with legal procedures.

    The tenth two or more county-level cultural market administrative departments must resolutely dispute arises over jurisdiction of the case, reported to the city's cultural market administrative law enforcement agencies to exercise jurisdiction.

    11th cultural market administrative law enforcement agency should be established, reporting system, published complaints telephone, email, and the informant has a duty of confidentiality.

    To report violations of law to accept, the cultural market administrative law enforcement agency shall, within 2 working days, designated law enforcement personnel in the investigation; beyond the terms of reference was inadmissible, it shall, within 2 working days, refer the report to relevant departments and will be transferred to inform the informers.

    12th in surveillance activities, the relevant administrative authorities, found cultural market administrative law enforcement agencies should investigate and deal with illegal 15th should be transferred to the cultural market administrative law enforcement agencies in investigating cultural market administrative law enforcement agencies in the investigation and handling of cases found that beyond the scope of responsibilities should be transferred to the relevant administrative departments in the 15th. Cases shall be in accordance with the relevant rules and procedures, transfer at the same level.

    Relevant administrative departments and cultural market administrative law enforcement agencies without any justified reason, shall not refuse to accept the transfer of cases accepted should sign the transfer receipt; after making the decision to inform the transfer Department.

    13th article culture market administrative law enforcement institutions in check or survey Shi, law enforcement personnel shall not less than two people, and should to party show administrative law enforcement documents; party or about personnel should truthfully answered asked, assist survey or check, shall not resistance rejection; law enforcement personnel in survey forensics Shi, can law check out, and access or copy and administrative punishment related of information, units should be tie, shall not hamper or refused to.

    14th cultural market administrative law enforcement investigation, inspection, violations that are taking place should stop or correct; in the case of evidence may be destroyed or lost or difficult to obtain later on, you can take a sample method of collecting evidence, evidence of antecedent register; for evidence of illegal activity-related items, may, in accordance with the laws and regulations provide for the seizure or detention measures.

    Advance registration saves or attachment, seizure shall be approved by the head of the cultural market administrative law enforcement; emergency, law enforcement officials can take corresponding measures in advance, and after 2 working days to go through the relevant procedures.

    Take first registration save or seized, and seized measures, law enforcement personnel should issued by city culture market administrative law enforcement institutions unified business sent of first registration save items listing or seized, and seized items listing; and by party, and witnesses signature or sealed; no party, and witnesses of or party, and witnesses unwilling to signature or sealed of, law enforcement personnel should in listing Shang indicate situation, and by many Yu two name law enforcement personnel signed.

    15th cultural market administrative law enforcement agencies made the decision on administrative penalty, provided authorities to enforce laws and regulations, cultural market administrative law enforcement agencies can enforce or apply to a court for mandatory enforcement according to law.

    Cultural market administrative law enforcement agencies to collect fines, confiscate the illegal income and the confiscation of unlawful property or things auction payments must be turned over to the State Treasury.

    16th cultural market administrative law enforcement agencies should work with the culture, radio, film and television, heritage, journalism, publishing, copyright administrative departments concerned, such as the establishment of cultural marketing communications system.

    Culture, radio, film and television, heritage, journalism, publishing, copyright administrative departments to timely administrative enforcement basis, relevant standards and requirements as well as administrative permit timely inform the cultural market administrative law enforcement agencies.

    Cultural market administrative law enforcement agency shall promptly to the culture, radio, film and television, heritage, news publishing, copyright administrative departments informed of enforcement and market trends, reported significant cases in a timely manner.

    Cultural market administrative law enforcement agencies should work with public security, industry and commerce, customs, quality inspection, transport and ports, City Gardens, economic and information technology sectors, such as the establishment of coordination mechanisms, to share information and, if necessary, organize joint law enforcement activities.

    17th refuses or obstructs the cultural market administrative law enforcement and its mission should be given punishment by law enforcement officials, dealt with by the public security organs in accordance with the case constitutes a crime, criminal responsibility shall be investigated according to law. 18th cultural market administrative law enforcement agency and any of the following acts by law enforcement officials, should be made by the Department shall be subject to the administrative responsibilities.

    Constitute a crime shall be investigated for criminal liability.

    (A) abuse of power, law enforcement a violation of;

    (B) improper enforcement, violations of the legitimate rights and interests of citizens, legal persons and other organizations;

    (C) does not strictly fulfill the statutory duties led to the region's cultural market disorder or other serious consequences;

    (D) illegal in cultural marketing activities;

    (E) terms of reference or to ask for and accept other person's property, or support, condone or cover up the cultural market of illegal business activities;

    (F) with complaints, the report will not be accepted without delay prevarication, or disclosure complaints, whistleblowers and the enforcement activities;

    (VII) counterfeiting, forgery, concealment and destruction of evidence;

    (VIII) to embezzle confiscated or stolen, use, damage was temporarily suspended, seal, advance registration and preservation of the property;

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

    Cultural market administrative law enforcement agencies and their staff illegal imposition of administrative penalty, administrative enforcement and inspection, the damages are caused to citizens, legal persons or other organizations, shall be subject to State compensation.

    19th district and County cultural market power of relatively concentrated administrative punishment, in accordance with this regulation.

    The 20th station area of Tianjin cultural market administrative law enforcement, according to the Tianjin area integrated management regulations (7th of 2008 municipal). 21st article of the regulations come into force on December 1, 2009.

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