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Basic Norms Of Administrative Law Enforcement In Chongqing (For Trial Implementation)

Original Language Title: 重庆市行政执法基本规范(试行)

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(The 10th ordinary meeting of the Government of the People of the Republic of Hong Kong, 10 June 2008, considered the adoption of the Decree No. 218 of 22 July 2008 on the issuance of the Ordinance No. 218 of 22 July 2009, effective 1 January 2009)

Contents
Chapter I General
Chapter II General provisions
Section I
Section II Administrative law enforcement procedures
Section III Administrative law enforcement instruments
Section IV
Chapter III Specific provisions
Section I
Section II Administrative penalties
Section III
Section IV
Section V Administrative decisions
Chapter IV Administrative law enforcement oversight
Chapter V Legal responsibility
Annex VI
Chapter I General
Article 1, in order to regulate administrative law enforcement, promote the legal exercise by executive law enforcement authorities to protect the legitimate rights and interests of citizens, legal persons and other organizations, to develop this norm in the light of the National People's Republic of China's administrative licence law, the Law on Administrative Punishment of the People's Republic of China and the relevant legislation.
Article 2
The application of this norm applies to the organization entrusted by law (hereinafter referred to as the trustee).
Laws, regulations or regulations provide otherwise for administrative law enforcement.
Article III. Administrative law enforcement should be guided by the principle of legality, due process, efficient public, integrity and accountability.
Article IV. Governments at all levels should advance the reform of the administrative law enforcement system, establish a system of sound administrative law enforcement responsibilities and enhance oversight of administrative law enforcement. Administrative law enforcement agencies at all levels should be vigilant.
Chapter II General provisions
Section I
Article 5 refers to the administrative law enforcement body referred to in this regulation to organizations that have administrative law enforcement functions that can be carried out in their own name and independently responsible for the administration and legal, regulatory and regulatory mandates.
Article 6
(i) Established by law;
(ii) There are legal, regulatory or regulatory enforcement functions and powers;
(iii) A staff member with administrative law enforcement qualifications;
(iv) Funding for the work of budgetary allocations in the financial sector;
(v) Other conditions set forth in laws, regulations or regulations.
Article 7. In addition to the provisions of the law, legislation or regulations, the executive law enforcement authorities should provide social oversight through public media within the present administration.
The content of the executive law enforcement authorities should be changed in a timely manner.
The content of the executive law enforcement bodies should be presented to the same level of government rule of law institutions.
Article 8. Administrative law enforcement organs may, in accordance with their laws, regulations or regulations, commission administrative law enforcement by other executive organs within their statutory competence or by the organization responsible for the management of public affairs.
Article 9. The executive law enforcement body shall entrust law enforcement by writing. The law enforcement instruments should contain the following matters:
(i) The name, legal representative and address of organs and trustee organizations;
(ii) The basis for commissioning law enforcement;
(iii) Procedural matters and powers entrusted to law enforcement;
(iv) The time period for the commission of law enforcement;
(v) The rights, obligations and legal responsibilities of organs and trustee organizations;
(vi) Other matters under laws, regulations or regulations.
Article 10 entrusts the organ within 10 days of the written commission to submit the law enforcement instruments to the peer review of the law-making body of the Government.
The commissioning bodies and the trustee organizations should provide the content of the commissioning of law enforcement through public media in the current administration area and receive social oversight.
Article 11. Authorization for enforcement shall not exceed five years. The expiration of the mandate will require the continuation of the commission, and the administration of justice should be relegated.
Article 12 entrusts the organ with the guidance and supervision of administrative law enforcement acts carried out by the trustee and assumes legal responsibility for the consequences of the act.
The delegated authority should conduct training in law enforcement operations for the administrative law enforcement officers of the institution.
The Trustee shall carry out administrative law enforcement acts in the name of the commissioning authority and shall not be entrusted to other organizations or individuals.
The responsibility of the trustee organizations to go beyond the commission of administrative law enforcement by entrusting the law enforcement authority rests with it.
Article 13 Disputes over jurisdiction between executive law enforcement agencies are coordinated by the same Government's rule of law bodies; coordination is incomplete and the right organ is invited to decide.
Section II Administrative law enforcement procedures
Article 14. The applicant may apply, either orally or in writing, for the performance of the statutory duties by the executive branch. However, laws, regulations or regulations stipulate that a written application shall be made, from their provisions.
Administrative law enforcement agencies should create conditions to facilitate the application by the applicant, including by facsimile, e-mail.
The application requires the adoption of the format, and the administrative law enforcement authorities should be free of charge to the applicant.
Article 15. Administrative law enforcement authorities should register the application in practice and give the applicant a certificate of receipt of the application.
The administrative law enforcement body shall record the oral application in the case and shall be confirmed by the applicant's signature or by chapter G.
Article 16 shall examine in a timely manner whether the application contains the following matters:
(i) The name of the administrative law enforcement authority requested;
(ii) The basic situation of the applicant;
(iii) Matters for application;
(iv) The facts and reasons for the application;
(v) The applicant's signature or chapter and the date of application;
(vi) Other matters under laws, regulations or regulations.
Article 17
(i) The application is not governed by the law and should be communicated to the applicant to the competent organ for the application;
(ii) The error in the application of the material that can be corrected at the present stage shall be admissible immediately after the applicant's corrections;
(iii) The submission of material is incomplete or incompatible with the statutory form and should be communicated to the applicant on a one-time basis to the extent that the applicant needs to be filled and that the applicant will be admissible immediately after the applicant's completion;
(iv) The application for compliance with the conditions of admissibility should be made in writing;
(v) Applications that are not in accordance with the conditions of admissibility should be made in the form of written decisions and reasons for which they are inadmissible.
The executive law enforcement authorities should produce law enforcement documents when carrying out administrative law enforcement inspection duties.
Article 19 Inspections by administrative law enforcement agencies of the place of production, access to information, and interviews should be in compliance with the law.
The illegal entry into the home of citizens is prohibited.
Article 20, administrative law enforcement agencies have found suspected violations in law enforcement inspections and evidence may be dismissed or otherwise difficult to obtain.
Article 21, where administrative law enforcement agencies face emergencies in law enforcement inspections, immediate measures should be taken to fulfil their statutory responsibilities in order to avoid causing or expanding the results.
Article 2: The executive law enforcement authorities shall register the following sources of cases:
(i) Examination of the facts found in its mandate;
(ii) Complaints, reports by citizens, legal persons or other organizations;
(iii) Transfers by other organs;
(iv) Be discovered by law through other means.
Article 23. Administrative law enforcement authorities shall review the registered source and, within 3 days, address:
(i) The decision of the law on whether the case has been decided upon after a review of the source found pursuant to its mandate;
(ii) After the verification of the case-by-source investigation of citizens, legal persons, other organizations, or the transfer of other organs, the decision to make a case under the law and to inform the result in accordance with the law.
Article 24 has one of the following cases for administrative law enforcement officials and should be offered to avoid:
(i) Near relatives of the parties or parties in the present case;
(ii) Individuals or their close relatives have a stake in this case;
(iii) A witness or an expert in the present case;
(iv) Other relations with the present case may affect the fair handling of cases.
Article 25 Administrative law enforcement authorities should be informed of the right of the administrative relative to the right to apply for evasion at the time of the first investigation.
The administrative relative makes a request for exemption, which should be recorded.
Article 26 The administrative law enforcement body shall make a decision on whether to avoid it within 2 days of the date of receipt of the request for avoidance and communicate the administrative relative to the reasons for the decision not to be avoided.
The evasion of administrative law enforcement officials is determined by the head of the organ. The main heads of executive law enforcement agencies, as law enforcement officials, are decided by the superior administrative law enforcement agencies.
Article 27, prior to the decision of the administrative law enforcement authorities to avoid a decision, the administrative law enforcement officials who had been denied the application did not cease to discharge their statutory duties.
Article 28, which is not in a position to avoid a decision, may apply for a review to the administrative law enforcement body that takes the decision.
Article 29 is proposed by the executive law enforcement authorities to make administrative enforcement actions that are not conducive to the administration of the relative, and should be communicated to the main content, rationale and basis for administrative law enforcement and to listen fully to the views of the relative executive.
Administrative law enforcement agencies should inform their remedies and deadlines when administrative law enforcement is not conducive to the administration.
Article 33, the executive law enforcement body shall notify in writing of the rights of the relative administrative person in accordance with the law; in exceptional cases, an oral notice shall be produced.
Article 31, in response to the target of the need for proof, should be legally, comprehensive, timely and objectively collected in accordance with the statutory procedures.
The collection of evidence is prohibited by violence, coercion, inducement, deception or other illegal means. Evidence obtained by illegal means cannot be based on the facts of the case.
Article 32 should provide an analysis of the evidence obtained by the executive law enforcement authorities and determine that the evidence that administrative law enforcement should be lawful, authentic and relevant.
Article 33 should be registered and kept in good custody by administrative law enforcement authorities for evidence, material, goods, etc. provided by the administrative relative. Evidence concerning State secret, commercial secret and personal privacy should be confidential.
Article 334 Administrative law enforcement should be heard in accordance with the laws, regulations or regulations, and administrative law enforcement authorities should hold hearings without hearing, and administrative law enforcement is null and void, except where the administrative relative has waived the right to the hearing.
Article 55 should be given a notice and the hearings should reflect the hearings in a comprehensive and real manner. Healing reports should be produced, where necessary, together with hearings, case files, to be reported to the executive law enforcement authorities.
The hearings should serve as an important basis for administrative law enforcement.
Article XVI provides for administrative law enforcement decisions that should be taken by administrative law enforcement agencies, where administrative law enforcement instruments are sent to the administrative relative; they should not be sent to the executive branch; they should be sent directly, in accordance with the provisions of the civil procedure law, to the extent that they are entrusted, sent to the mail, mailed, left or sent to the public.
Section III Administrative law enforcement instruments
Article 37 should be lawful and harmonized in the form, making it clear that the terms are regulated.
Article 338 Administrative law enforcement agencies at the municipal level should, in line with legal, regulatory and regulatory provisions, develop a model of administrative law enforcement instruments that are consistent with the system and clarify the application of administrative law instruments and the requirement for specific completion.
The establishment of the types and documentation of administrative law enforcement instruments should be complete and fully objectively reflected administrative law enforcement.
Article 40. Administrative law enforcement agencies should select administrative law enforcement instruments based on statutory administrative law enforcement and procedures.
Article 40. Administrative law enforcement instruments should be marked.
The content set out in article 42 should be consistent with the true situation of administrative law enforcement.
The columns established by the administrative law enforcement instruments should be filled on a case-by-case basis and should not be lost; there should be no need to be completed, it should be oriented.
Article 43 needs to address the reasons for administrative law enforcement and should explain the reasons in the administrative law enforcement instruments and respond to and clarify the exercise of the authority to determine the main defences of the administrative relative.
Article 44 quantification of the legal basis in the administrative law enforcement instruments should be complete and must be referred to in the specific content and should be referred to in articles, paragraphs, subparagraphs, bibliography and specific language.
Article 42, Administrative law enforcement instruments should not be wrong.
The erroneous need for amendments to the instrument should be accompanied by a change in the change section, which should be confirmed by a relative administrative officer and should be signed, Gay or by reference to the executive.
The changes in administrative law enforcement instruments or the need to modify substantive content should be reproducing.
The administrative law enforcement instruments of more than forty-sixth pages should be added to the hike.
Article 47 should be used by the administrative law enforcement instrument to produce and complete it as required. Conditional production should be printed.
Article 48 should be added to the executive law enforcement body. It should be clear and enduring.
Article 49 adds chapter to the gaps in administrative law enforcement instruments, and applies the application, registration, limitation system. Administrative law enforcement agencies should strengthen monitoring of the use of the gap law enforcement instruments following the Gha chapter.
Article 50 should be translated into the administrative law enforcement instruments in a timely manner. Administrative law enforcement instruments should, in principle, be vol. I.
Instruments contained in article 50 should be fully complete, non-renewable or redundant, as well as complete, fixed and accessible.
Article 52 states that the administrative law enforcement instruments should be structured in accordance with the prescribed order and set the page.
Article 53 should be transferred in a timely manner to the preservation of the archives after the release of administrative law enforcement instruments.
The instrument may not be amended by adding or extractive materials to private sources.
Section IV
Article 54 should be done by administrative law enforcement officials, civilization, attitude and accumulation.
Article 55, when administrative law enforcement officers are required, should be replicated and identifiable.
Article 56 should be regulated by conduct by administrative law enforcement officials in the course of law enforcement, and no acts such as drinking, cascabo.
Article 57, administrative law enforcement officials should make general remarks in law enforcement. It is difficult to communicate with a general message that can be used locally.
Article 588. Administrative law enforcement officials should use civilization in the enforcement process without humiliating discriminatory languages.
Article 599 governs administrative law enforcement agencies at the municipal level to develop uniform administrative law enforcement standards in accordance with the requirements of the various components of administrative law enforcement procedures.
Chapter III Specific provisions
Section I
The substance of the application will need to be verified by the administrative law enforcement authorities after receiving the application for administrative licence, and may be carried out as follows:
(i) Accreditation of the content reflected in the application material;
(ii) Accreditation of the information available and the contents of the application material;
(iii) Inquired the applicant and hearing the views of the stakeholders;
(iv) Removal of relevant documentation;
(v) To apply for assistance from other organs;
(vi) Field verification or survey of facilities, equipment, sites, etc.;
(vii) Other modalities provided for by law, regulations or regulations.
In reviewing the application of administrative licences by the executive law enforcement authorities, it was found that administrative licence matters were directly related to the important interests of others and that written notices should be sent to the stakeholders within three days of the discovery.
The executive law enforcement authorities should give prompt feedback to the applicant and the applicant the right to make a presentation and plea.
A conditional administrative law enforcement body may establish specialized places for presentation.
Article 62 requires a change or renewal of administrative licences by the licensee, and administrative law enforcement authorities should simplify the review process and facilitate the licensee.
Article 63 provides for a change or extension of the administrative licence decision by the executive law enforcement body, which shall be given a written administrative licence decision and the recovery of the original licence, releasing the post-release licence, or indicating changes or duration in the original licence.
Article 63 quater found that administrative licences might be withdrawn by the executive law enforcement authorities, and the case should be filed within three days from the date of the discovery and verified by law.
Article 65 of the decision of the administrative law enforcement authorities to withdraw administrative licences should be taken in writing to withdraw administrative licences.
The withdrawal of the administrative licence decision shall contain the elements of the matter, the factual grounds and the legal basis of which it has been withdrawn and shall inform the avenue of relief.
The withdrawal of administrative licences shall be subject to the recovery of the original administrative licence.
Article 66 quantification of administrative licences by administrative law enforcement authorities should be made in writing to write off administrative licences.
Article 67 should inform the public of the decisions taken to grant, change, renewal, cancellation and write-off administrative licences.
Section II Administrative penalties
The facts of the cases to be investigated under article 68 include:
(i) The basic situation of the administrative relative;
(ii) Time, place, means and consequences of the commission of an offence;
(iii) The circumstances in which the law is re-established, lighted, reduced and non-respected;
(iv) Other facts relating to the case.
Article 69 asked that a notice should be produced.
The query should be directed to the person questioned. The interviewee was not able to read and should read it. Inquiries about errors or omissions should be corrected or supplemented, and the person being questioned shall be placed in a corrigendum, Supplement. Upon enquiry from the query of the person questioned, it should be signed on a page-by-page note. The applicant refused the signature and the administrative law enforcement officer should indicate the situation.
Administrative law enforcement officials shall sign a notice.
Administrative law enforcement officials should redirect the original evidence relating to the case.
Removal of the original voucher is difficult and can be replicated. The reproduction should indicate “concorded with the original” and be made either by the author's signature or chapter, by providing the person's rejection of the signature or chapter, and administrative law enforcement officials should indicate the situation.
Article 76 examines the location of the offence by administrative law enforcement officials and should produce a survey or on-site photographs and, where necessary, photographs, audio-visual recordings and video recordings.
On-site inspections should be attended by a relative administrative officer; the administrative relative is not present or denied access; the witness should generally be present.
Surveys, on-site notes should be signed by administrative law enforcement officials, administrative counterparts or witnesses. Administrative law enforcement officials should indicate the circumstances when they refuse to sign.
Article 72, the sample of administrative law enforcement officials should be in compliance with the relevant provisions that the sample should be sealed; the number of samples is limited to the material characteristics of the goods determined.
In the sample, there should be a general administrative relative or witness presence and a sampling list.
The sampling list should be signed by administrative law enforcement officials, administrative counterparts or witnesses. Administrative law enforcement officials should indicate the circumstances when they refuse to sign. The sampling list should be two times, each of the executive law enforcement agencies and the executive counterparts.
Article 73, in order to ascertain the facts of the case, requires the identification of specialized technical issues, and the executive law enforcement agencies should entrust with the identification of the competent institutions in an random manner.
The executive law enforcement agencies should provide timely identification material on the status of identification and make clear questions about the need for identification; however, it should not imply or compel the identification body or the identifiator to make some findings.
Article 76 quantification of evidence by administrative law enforcement authorities should be sent to the evidentiary holder to the notice of the registration of the evidence prior to registration; the list of evidence was presented after registration of the name, quantity, characteristics, etc.
In the case of pre-registration, the owner of the evidence or witness shall be present.
The list of evidence should be signed by administrative law enforcement officials, the holder of the evidence or the witness. The author of the evidence rejects the signature and the administrative law enforcement officer should indicate the situation. The list of evidence should be two times, each of the executive law enforcement authorities and the author of the evidence.
The evidence retained in article 765 shall be added to the record, which shall be preserved by the author of the evidence or by administrative law enforcement authorities.
The evidence maintained by registration shall not undermine the destruction, destruction or transfer.
Article 76 is proposed by the administrative law enforcement authorities to make administrative sanctions decisions and should be communicated to the relative administrative officer to the facts, rationales and the rights to be granted under the law.
Article 77 imposes a decision on the suspension of administrative licence orders by executive law enforcement authorities, and shall be seized of the administrative licence cancelled. Unpaid, administrative law enforcement agencies should be declared invalid.
Article 78, when administrative law enforcement agencies make temporary or revoked statements, administrative law enforcement agencies are not the same body, and administrative law enforcement authorities shall notify the issuing authority in a timely manner after the decision of the penalties has been taken into account and shall assist the implementation and inform the executive law enforcement authorities in writing of the results.
Article 79 contains one of the following cases of administrative penalties:
(i) Incompatible with the conditions of the case;
(ii) A minor offence and a prompt remedy, which does not result in the consequences, and decides not to impose administrative penalties;
(iii) Administrative sanctions decisions have been implemented;
(iv) Administrative penalties decide to put an end to implementation;
(v) Other cases provided for by law, legislation or regulations.
Section III
Article 810 Administrative law enforcement authorities carry out administrative responsibilities in order to put an end to violations, to prevent the destruction of evidence, to avoid harm and to control the spread of the risk.
Administrative coercion cannot be abused. The enforcement of non-mandatory management measures can achieve administrative purposes without enforcement.
The enforcement of administrative coercive measures should be based on statutory conditions, with the right application of laws, regulations and regulations, and the selection of appropriate coercive means to limit the minimum damage to the rights and interests of the perpetrator.
Article 81 provides for the following:
(i) Execution;
(ii) Seizure;
(iii) A freeze;
(iv) Restrictions on the liberty of citizens;
(v) Other means provided for by law, regulations.
Forced measures that restrict the liberty of citizens should be implemented in accordance with the law.
Article 82 primarily follows:
(i) Implementation;
(ii) lauruna;
(iii) Allocations;
(iv) Other means provided for by law, regulations.
Prior to the adoption of administrative coercive measures, administrative law enforcement officials are required to report to the heads of administrative law enforcement agencies and are authorized.
In emergencies, immediate enforcement of administrative coercive measures is required, and administrative law enforcement officials should report in a timely manner on the administrative law enforcement authorities.
The enforcement of administrative enforcement should be carried out by more than two administrative law enforcement officials.
Article 82 is one of the following cases where administrative law enforcement agencies may take administrative coercive measures in accordance with the law concerning the property of the relative administrative person:
(i) The discovery of prohibited items;
(ii) Evidence may be destroyed;
(iii) The administrative relative may transfer property to avoid statutory obligations;
(iv) Other cases provided for by law, regulations.
The seizures and seizures are restricted to the property in question and shall not be seized, seized with the property that is not relevant to the offence.
Article 86 shall be sealed, seized property and shall be delivered to the relative administrative officer to the seizure, seizure of the decision, to inform the reasons for the imposition of the measures, the basis and the rights enjoyed by the law, and to hear their statements and the defence.
Article 87 envelopes, seizures of property shall be accompanied by an administrative relative or witness, and a list of seizures, seizures.
A list of seizures, seizures shall be signed by administrative law enforcement officials, administrative counterparts or witnesses. Administrative law enforcement officials should indicate the circumstances when they refuse to sign. A list of seizures, seizures shall be maintained by the executive law enforcement authorities and the administrative relative.
Article 818 shall be kept in good custody and shall not be used or destroyed.
In respect of the seized property, the administrative law enforcement authorities may designate administrative relatives to the custody of the property and the relative administrative officer shall not destroy or transfer.
Article 89 shall not exceed 30 days; the situation is complex and, with the approval of the executive law enforcement authorities, may extend 30 days. The extension period should be communicated to the administrative relative.
When administrative law enforcement agencies take seizures and seizures, the facts should be promptly identified within the statutory time frame and the decisions taken in accordance with the law.
Article 90 imposes on the administrative law enforcement authorities to freeze bank deposits of the administrative relative, and shall be carried out in accordance with the statutory competence and procedures.
The amount of the freezing of deposits by administrative law enforcement authorities should be quite vested with the amount necessary for the implementation of administrative decisions or the responsibility that the offence should bear. Reservations that have been frozen by law by other organs shall not be repeated.
Article 92 provides that the administrative law enforcement authorities shall notify financial institutions in writing of the freezing of deposits under the law.
The executive law enforcement authorities should send a letter of decision to freeze the deposit within three days of the imposition of the freeze and inform the legal rights.
After the entry into force of administrative decisions, the administrative relative administrative authority, which has administrative enforcement authority, may be enforced by law within the prescribed period of time, and the executive law enforcement authorities that have no executive enforcement authority shall apply to the enforcement of the People's Court.
Article XIV Priorities for administrative enforcement should be communicated in writing to the relative executive and to the consequences of non-compliance.
As a result, the relative executives are still failing to implement administrative decisions and the executive law enforcement authorities can make administrative enforcement decisions.
Article 9.15 Administrative enforcement shall not be carried out at night and on statutory holidays, except for emergency situations or administrative relative consent.
Administrative law enforcement agencies may not take steps to end water supply, electricity, and gas, to compel administrative counterparts to comply with their administrative obligations.
Article 96 provides administrative decisions by administrative law enforcement agencies that make money payments obligations under the law, and the administrative law enforcement agencies can collect lags by law.
The amount charged with the lag shall not exceed the amount owed to the payment obligation.
Article 97
Article 98 Administrative law enforcement authorities make legal administrative decisions that exclude obligations, such as obstruction and restatement of the status quo, and the administrative law enforcement agencies may commission other organizations that have no stake in the law.
Article 99
(i) Proclamation of the performance of the mark, modalities, dates, locations, costs and generations;
(ii) By three days of the date of performance, the relative executives were brought to the attention of the executive; the administrative relative was automatically performed and the performance was stopped;
(iii) In the performance of generations, the executive law enforcement organs taking decisions should be subject to oversight;
(iv) To be completed, the executive law enforcement, the holder, the administrative relative or witness shall be signed in the implementation of the instrument.
Article 100, when an administrative relative is not present at the time of the commission of an emergency, should be informed by administrative law enforcement authorities in a timely manner.
Section IV
Article 101 provides that administrative law enforcement authorities may collect funds from the relative administrative person in accordance with the law, regulations and regulations, including:
(i) Tax;
(ii) Administrative fees;
(iii) Real estate such as land, housing;
(iv) movable property such as transport tools;
(v) Other property provided for by law, regulations.
Article 101 bis. The collection of taxes by administrative law enforcement authorities is carried out in accordance with the provisions of the tax administration law.
Article 101 ter The charges of administrative law enforcement organs shall be carried out in accordance with the projects, standards and procedures established by law, regulations and shall not be charged with charges of recruitment, suspension, reduction and dismissal.
Article 101 quantification by administrative law enforcement agencies should be given a written instrument to write the items, standards, amounts, etc. of the charge and to explain the grounds and to communicate the rights enjoyed by the law.
Administrative law enforcement agencies require that the administration be given a relatively active payment fee and should indicate the time, location and manner of payment.
Article 101 V. The fees of administrative law enforcement agencies must be subject to a licence granted by the price sector and to the use of the financial sector to harmonize the printing of the tickets.
Article 101.6 Administrative charges shall be collateraled by law.
Article 101 Seventy-six administrative law enforcement authorities may, in accordance with the competence and procedures provided for by law, collect administrative relative land, housing and other immovable property.
Article 108 of the administrative law enforcement authorities may, in accordance with the competence and procedures provided for in the law, apply to the real estate or movable property of the relative administrative person for emergency needs, such as theft and response. The real estate or movable property used should be returned to the administrative relative.
Article 101 of the Statute of Administrative Enforcement shall be compensated, except for taxes imposed by administrative law enforcement agencies.
Administrative law enforcement agencies should be compensated for the loss or loss of the property of the relative administrative person or for the expropriation or expropriation.
The scope and criteria for administrative solicitation are implemented in accordance with the provisions of the law, regulations.
Section V Administrative decisions
Article 10010 Administrative law enforcement authorities with administrative decisions may, in accordance with the provisions of the law, decide on non-contractual civil disputes, such as the right to natural resources.
Article 101 shall be subject to a review of the applicant's application upon receipt of the decision request by the administrative law enforcement body, in accordance with the conditions of admissibility, within 5 days of receipt of the request, and the request shall be communicated to the applicant in a written letter within 5 days to the extent that the request may be completed, and that it should be permitted to do so.
In one of the following cases, administrative law enforcement is inadmissible:
(i) The applicant shall not be eligible for application;
(ii) Be not admissible by the organ;
(iii) Other circumstances in which the law is inadmissible.
Inadmissibility, the administrative law enforcement authorities shall notify the applicant in writing within 5 days of the date of receipt of the request.
A copy of the application and a letter of reply shall be sent to the applicant within 5 days after the application of the decision is accepted by the executive branch.
The applicant shall submit a reply and related supporting material to the administrative law enforcement authorities within 10 days of receipt of a copy of the application and the letter of reply. The administrative law enforcement body shall send a copy of the reply to the applicant within 5 days of receipt of the reply.
Article 101 14 should investigate the legality and integrity of the relevant materials. The investigation should be conducted by more than two administrative law enforcement officials.
Administrative law enforcement authorities should fully listen to the parties' views and review the facts, rationales and evidence presented.
Article 115 of administrative decisions requires public hearings, and the executive law enforcement authorities shall communicate the letter of communication to the parties within 5 days of the trial.
The following procedures should be followed by administrative law enforcement authorities in the conduct of administrative decisions:
(i) To verify the identity and authority of both parties and their agents;
(ii) To declare a disciplinary request to inform the parties of their rights and obligations in the proceedings;
(iii) The applicant's presentation;
(iv) The applicant's reply;
(v) The parties of the parties to provide evidence, evidence, debate;
(vi) Final statements by both parties.
The trial shall produce a notice.
The record should be sent to the parties for the purpose of checking the unfault signature or chapter. The refusal to sign was made by administrative law enforcement officials.
Article 101, with the consent of the parties, can organize mediation by executive law enforcement agencies. After mediation, the parties agreed that the executive law enforcement authorities should produce mediation letters, which were endorsed by the parties, have legal effect.
Article 108 does not agree with mediation or with mediation, and the executive law enforcement authorities shall make written decisions in accordance with the law and send them to the parties within 7 days.
Article 10019 should be governed by administrative decisions within 60 days of the date of receipt of the application, with significant and complex cases approved by the executive law enforcement authorities for an extension of 30 days.
Chapter IV Administrative law enforcement oversight
Article 10020 introduces a system of eligibility for administrative law enforcement personnel. Administrative law enforcement officials should be able to engage in law enforcement activities through uniform training and examination.
In municipalities and districts (Autonomous Regions) government rule of law institutions assume the qualifications, training examinations and issuance of administrative law enforcement personnel in accordance with the relevant provisions.
Article 10020 introduces an administrative law enforcement review system. Government rule of law institutions in both municipalities and districts (Autonomous Regions) should conduct regular reviews of administrative law enforcement authorities' volumes and draw on the use of administrative law enforcement instruments.
The administrative law enforcement inspection system was introduced in article 112. The authorities of the municipal and district (utonomous districts) and the inspectorate of the Government should conduct an annual review of the administration of justice and report the inspection to the current Government.
Article 103 provides for an administrative law enforcement evaluation system. The municipal and district rule of law institutions should conduct an annual evaluation of the executive law enforcement authorities, including the evaluation in the annual government objective appraisal. The municipalities and districts (Autonomous Regions) Governments should recognize excellence in administrative law enforcement and administrative law enforcement officials.
Article 105 imposes an administrative law enforcement error system. Administrative law enforcement officials who are in conflict with the law should be held wrongly by administrative law enforcement agencies or by inspection bodies.
Administrative law enforcement officials who do not fit to continue their law enforcement are temporarily deducted or revoked by administrative law enforcement agencies or municipal, district and district (self-governing districts) government rule of law institutions and are removed from law enforcement positions by the administrative law enforcement agencies.
The damage caused by the law to the relative administrative person should be borne by law.
The result of a miscarriage of law enforcement should be made public to society.
Chapter V Legal responsibility
Article 105, in violation of the provisions of the present regulation, is being corrected by the Government's rule of law institutions in the municipality, the District (Autonomous Region) and the Government of the State, where they have not been rectified, to inform the Government of the same period of criticism; in the case of serious circumstances, to hold accountability to the executive law enforcement authorities in accordance with the relevant provisions.
Article 1086, in violation of the provisions of this norm, is criticized by the executive law enforcement agencies in charge of education; in serious circumstances, is subject to administrative accountability by the inspectorate or the authority authority.
Article 1057 is an offence of administrative law enforcement by the Trustee, which is corrected by an order of responsibility by the commissioning authority; in the event of serious gravity, administrative responsibility is held by the inspectorate in accordance with the law.
Annex VI
Article 108 of the city-level executive branch shall establish the law enforcement norms of the system in accordance with the present regulation and report on the municipal government rule of law institutions.
Article 109 of the present normative provision on “2 days”, “3 days”, “5 days”, “7 days” means working days without holidays.
Article 101