(June 10, 2008, Chongqing Municipal People's Government at the 10th Executive session on July 22, 2008, Chongqing Municipal People's Government promulgated as of January 1, 2009, No. 218) contents chapter I General provisions chapter II general provisions section I section II of the administrative law enforcement organs administrative procedure fourth section of administrative law-enforcement in administrative law enforcement instruments etiquette section III chapter III special provisions section I section II of administrative license
Administrative punishment third section administrative forced fourth section administrative levy fifth section administrative ruling fourth chapter administrative law enforcement supervision fifth chapter legal responsibility sixth chapter schedule first chapter General first article to specification administrative law enforcement behavior, promote administrative law enforcement organ law exercise terms, protection citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China administrative license method, and People's Republic of China administrative punishment method and about legal regulations, combined this city actual, developed this specification.
Second, administrative law enforcement organs, the implementation of the administrative license, the administrative punishments, administrative enforcement, administrative collection, administrative adjudication administrative enforcement actions, such as the application of this standard.
Lawfully authorized organizations (hereinafter referred to as trustee), implementation of administrative enforcement actions application of this specification.
Laws, regulations or rules of administrative enforcement of law otherwise provides, from its provisions.
Article III administrative enforcement procedures to be followed reasonable legal, legitimate and efficient principles of unity, honesty and responsibility for the convenience. Article people's Governments at all levels should advance the reform of administrative law enforcement, establishing and perfecting the system of administrative law enforcement responsibility, strengthen the supervision and inspection of administrative enforcement action.
Administrative law-enforcement organs at all levels should consciously accept supervision.
Chapter II general provisions section I administrative enforcement bodies referred to in the fifth standard executive law enforcement authority is an administrative authority can impose administrative enforcement actions in its own name and bear the legal responsibility of an independent administrative bodies and organizations authorized by the laws and regulations.
Sixth administrative law enforcement organs should meet the following conditions: (a) approved by the legal establishment; (b) the enforcement of laws, rules or regulations to determine responsibility and authority, and (iii) preparing public servants with administrative law enforcement qualifications; (d) a financial sector budget allocated funding, (v) other conditions stipulated by laws, rules or regulations.
Article seventh except otherwise prescribed by laws, rules or regulations, administrative law-enforcement agencies should use this name basis, law enforcement, law enforcement duties, law enforcement personnel, contact information, and so on in publicity through the public media within their respective administrative areas, subject to public supervision.
Administrative law-enforcement organs of publicity should be updated when content changes.
Administrative organization for law enforcement public content shall be submitted to the Government at the same level of legal filings.
Article eighth administrative law enforcement organs in accordance with the laws, rules or regulations, within its statutory terms of reference, can entrust other administrative bodies or institutions implementing administrative enforcement action of the management of public affairs. Nineth administrative law enforcement organs should be in writing Commission of law enforcement.
Delegate law enforcement instruments should contains Ming following matters: (a) delegate organ and trustee organization of name, and statutory representative people and the address; (ii) delegate law enforcement of according to; (three) delegate law enforcement of matters and permission; (four) delegate law enforcement of term; (five) delegate organ and trustee organization of right, and obligations and the legal responsibility; (six) legal, and regulations or regulations provides of other matters.
Tenth Commission shall, on the written instrument appointing a delegate in the 10th after law enforcement government legal filings submitted peer review.
Delegate authority and fiduciary law enforcement in this Organization should be commissioned through the public media within the administrative area for public notification, subject to public supervision. 11th delegate enforcement period shall not exceed 5 years.
Delegates need to delegate the expiration, administrative law enforcement organs should be entrusted again.
12th principal organs should be entrusted with the implementation of administrative law enforcement guidance and supervision and the legal responsibility for the consequences of the Act.
Delegate authority should be entrusted with the Organization's administrative law enforcement training for law enforcement personnel.
Organization shall, within the terms of reference entrusted to delegate authority on behalf of the implementation of administrative enforcement of law shall not be entrusted to other organizations or individuals.
Fiduciary organization beyond commissioned law enforcement competence administrative law enforcement responsibility, incurred by that.
13th dispute arises over jurisdiction between administrative law enforcement organs, coordinated by the Government legal organization at the same level; coordination fails, the approval of the authority decision. 14th administrative law enforcement procedure in section II applicant may orally or in writing for administrative law enforcement organs to perform their statutory duties.
But laws, rules or regulations should apply in writing, from its provisions.
Administrative law-enforcement organs shall create conditions to help applicants submit an application via fax, e-mail or any other means.
Applications need to use rich text, administrative law enforcement organs should be provided free of charge to the applicants.
15th administrative law enforcement organs shall register the application and issued to the applicant of receipt of the application documents.
Matters of administrative law enforcement organs should be orally recorded by check or to after the reading of the applicant, confirmed by the applicant's signature or seal.
16th administrative law enforcement organs should be reviewed in a timely manner whether the application contains the following items: (a) the applied name of administrative law enforcement organs, (ii) the basic situation of the applicant; (c) application of the matter and (iv) facts and reasons to apply; (v) the signature or seal of the applicant and date of application, (vi) other matters stipulated by laws, rules or regulations.
17th article administrative law enforcement organ should in received application Hou 5th within according to different situation made following processing: (a) application matters law not belongs to this organ jurisdiction of, should rates told applicants to right to organ proposed application; (ii) application material exists can spot corrections of errors of, should in applicants corrections Hou immediately accepted; (three) application material not complete or not meet statutory form of, should one-time told applicants need correction of all content, in applicants correction Hou immediately accepted;
(D) the application admissible, it shall make a written decision on admissibility; (v) the application is not admissible, written decision with reasons should be made inadmissible.
18th when the administrative law enforcement organs in the performance of duties of administrative law enforcement and inspection, shall produce their certificates.
19th administrative law enforcement inspection in the production premises, access to information, interviews with personnel should be in conformity with the law.
Illegal entry is strictly prohibited citizens residential inspections.
Article 20th inspection of law enforcement by law enforcement agencies in the detection of suspected violations, and that evidence may be destroyed or lost or difficult to obtain later cases, can conduct a preliminary investigation according to law or evidence to be preserved.
21st in administrative law enforcement authorities in the law enforcement examination in case of emergency shall immediately take measures to fulfil its statutory duties, to avoid damages or expand.
22nd administrative law enforcement organs found in case of sources shall be registered in the following ways: (a) ex officio examination; (b) the complaints of citizens, legal persons or other organizations or information; (c) the transfer of other organs; (d) discovered through other channels.
23rd article administrative law enforcement organ should on registration of case source for review, and in 3rd within according to different situation made following processing: (a) on according to terms check found of case source review Hou, law made whether filed of decided; (ii) on citizens, and corporate, and other organization complaints reported or other organ transferred of case source survey verified Hou, law made whether filed of decided, and law told decided results.
24th administrative law enforcement personnel shall have any of the following circumstances, shall take the initiative to apply for withdrawal: (I) is a near relative of a party or in this case, (ii) or any of his close relatives and have a stake in this case and (iii) are witnesses or expert witnesses in this case, (d) and other relationships in the present case, could affect the case impartially.
25th administrative law enforcement organs should be informed in the first survey of administrative counterpart's right to apply for the withdrawal.
Administrative relative person oral withdrawal application, shall be recorded.
26th the administrative law enforcement authorities shall, from the date of receipt of the application for withdrawal within the 2nd make their withdrawal decisions and inform the administrative relative person, made no decision shall state the reasons. Withdrawal of the administrative law enforcement personnel, decided by the Bureau.
Withdrawal of the administrative law enforcement agencies primarily responsible for law enforcement personnel, decided by the administrative law-enforcement organs at higher levels.
27th executive law enforcement authorities before making a decision, be requested to withdraw the Executive law enforcement personnel to perform the statutory duties shall not be suspended.
28th appealed against the decision of the administrative relative person may make the application for revision of a decision of the administrative law enforcement organs.
29th administrative law enforcement organs to be made against administrative relative person of executive action shall inform in advance the main contents of executive action, the reasons and basis, and listen to the views of the administrative relative person.
Administrative law enforcement agencies against the administrative relative person of the administrative enforcement Act, shall inform the ways and terms of its relief.
30th administrative organ shall notify the administrative counterpart's right to take orally informed under special circumstances, a record shall be kept.
31st object of administrative law enforcement organs for people who need to prove, shall, in accordance with the statutory procedure, to gather comprehensive, timely and objective evidence. Prohibited the use of violence, intimidation, enticement, deceit or other unlawful means to collect evidence.
Evidence obtained by unlawful means cannot serve as the basis for the facts of the case are based.
Article 32nd should law enforcement agencies analyze evidence obtained, identification, to provide evidence of administrative enforcement action should have legitimacy, authenticity, relevance. 33rd administrative law-enforcement organs of administrative relative person of evidentiary material, the goods shall be registered, and safekeeping.
To involve State secrets, business secrets and personal privacy, evidence must be kept secret.
34th executive action in pursuance of law, rules or regulations should be hearing, the administrative hearing shall be held by law enforcement agencies, without a hearing, the administrative enforcement action is invalid, but excluding rights of administrative relative person give up hearing. The 35th record shall be kept of the hearing, hearing transcripts should be fully and truthfully reflect the hearing process.
Report of the hearing shall be made, if necessary, together with the record of hearing, the case file report in conjunction with the administrative heads of law enforcement agencies.
Hearing transcripts should be taken as an important basis for administrative enforcement action.
Article 36th administrative enforcement decisions of the administrative law enforcement organs, instruments of administrative law enforcement on the spot shall be served on the administrative relative person; cannot be delivered on the spot, shall be in accordance with the provisions of the civil procedure law direct, delegate, served, may be served by post, Lien served notice served or served.
Section III administrative law enforcement instruments 37th administrative instruments should be legal, format, clearly, norms.
Article 38th municipal administrative law enforcement organs should be based on the laws, rules and regulations, practice, development of uniform application of the system of administrative law enforcement instruments model, administrative law-enforcement instruments fill in the application and specific requirements.
The 39th set of administrative instruments and records should be complete and comprehensive and objective reflection of administrative enforcement action.
40th administrative law enforcement organs should be based on a statutory administrative law enforcement in administrative law enforcement instruments and procedures used.
41st executive law enforcement documents should be marked number.
42nd administration law enforcement instruments containing the content shall conform to the reality of executive action.
Administrative law-enforcement instruments set the column should be filled in, not missing; there's no need to fill out, should be marked with the slash.
43rd is needed to clarify the reason for executive action, should be justified in administrative law enforcement instruments and the main defence raised on private party forming the discretionary exercise of the right of reply and clarification.
44th article referred to in the instruments the legal basis of administrative law enforcement must complete, do you refer to specific content, should be referenced to articles, paragraphs, items, and specific words.
Article 45th administrative law enforcement instruments shall not appear wrong.
Error writing administrative documents needed to modify the instruments shall be proof-sheet-changes; must be confirmed by the administrative relative person according to stipulations shall be signed by the Executive, a seal or fingerprinted.
More administrative instruments to modify or change the substance, it should be reworked.
46th multiple-page administrative enforcement instrument, it should be stamped with a seal. 47th executive law enforcement instrument should use official paper, format and fill as required in accordance with regulations.
Conditions, shall print the production. 48th administrative documents should be stamped with the seal of the administrative law enforcement organs.
Seals should be clear and correct. 49th in the blank on the administrative law enforcement instrument seal is affixed, the implementation of applications, registration, limited systems.
White space after the seal of the administrative law enforcement organs should strengthen their law enforcement track the use of instruments. 50th administrative law enforcement administrative law enforcement organs should promptly be instrument volume.
Instruments of administrative law enforcement in principle should be a case of a volume.
51st administrative instruments of law enforcement files of materials should be complete, no weight or excess material, and do clean, fix and easy to read.
52nd binding instruments should be in accordance with the regulations of administrative enforcement order and Editor's note page numbers.
After the 53rd volume of administrative law-enforcement instruments should timely transfer of records kept.
After the filing of the instrument, allowed add or extract materials may not be modified.
Fourth section of administrative law enforcement rituals 54th administrative law enforcement personnel shall behave, language, civilization, affable, polite.
55th administrative law enforcement personnel shall in accordance with the regulations of law enforcement clothing should be done neatly, identification is complete.
56th administrative law enforcement personnel shall conduct during the law enforcement process, without drinking, playfulness, gambling behavior. 57th executive law enforcement officers in the enforcement process should speak Putonghua.
Difficult to communicate in Putonghua, you can use the local dialect.
Article 58th civilization of administrative law enforcement personnel shall in the course of law enforcement terminology, you may not use insulting discriminatory language.
59th municipal administrative law enforcement organs should be based, in accordance with the requirements of different steps of administrative law enforcement procedure, developed the system of administrative enforcement of etiquette. Third chapter special provides first section administrative license 60th article administrative law enforcement organ accepted administrative license application Hou, need on application material of real content for verified of, can take following way for: (a) with application material in the reflect of content mutual confirmed; (ii) will has master of information and application material in the of content for confirmed; (three) asked applicants and heard interest relationship people views; (four) adjustable take about proved file; (five) application other organ assist verified; (six) on about facilities, and equipment
Field verification or inspection, site, etc and (VII) provided by laws, rules or regulations in other ways.
61st administrative law-enforcement agencies to review the administrative Licensing application and found that administrative licensing items directly related to the vital interests of others, shall be found within 3rd day of administrative licensing to interested persons for comments written notice.
Administrative law enforcement organs should be the views of interested parties timely feedback to applicants, applicants have the right to make statements and to defend themselves.
Qualified administrative and enforcement agencies to set up the special place of statement and averment.
62nd licensee needs to change or continuation of an administrative license, the administrative law enforcement organs should be streamlined review process to facilitate the licensee.
63rd Executive law enforcement authority to approve the change or continuation of administrative licensing decision, shall issue a written decision on the administrative license and recover the original permit and reissuing permits after the change, or marked changes in the original license, or duration.
64th administrative law enforcement agency found that there may be circumstances that warrant the revocation of administrative licensing, shall be found within 3rd day of filing and investigation in accordance with law.
65th administrative law enforcement organs decided to annul of an administrative license, shall make a written decision of the annul of an administrative license.
Revocation of decision shall set forth the revocation of administrative licensing content, facts, reason and legal basis and informed way.
Revocation of administrative licensing shall recover the original certificate of administrative license.
Cancellation of administrative licensing of the 66th administrative law enforcement organs, cancellation of administrative license and a written decision should be made.
67th administrative law enforcement organs should be made to grant, alteration, extension, administrative license revocation, cancellation of the decision announcement, accept enquiries from the public.
Section II administrative penalties article 68th needed to investigate the facts of the case, including: (a) the basic situation of administrative relative person; (b) the committed offences, such as the time, place, method, result and (iii) statutory weight, lighter or mitigated and no punishment; (d) and other facts relating to the case.
69th asks a record shall be kept. Interrogation should be handed over to the person questioned to check. Reading ability and you're asked, shall read out. Inquiry record in error or omission should be corrected or supplemented and interrogated at the corrected, supplemented by fingerprints. Inquiry record after it has been checked by someone asking, should be signed by a page-by-page in the interrogation.
Person questioned refuses to sign, the administrative law enforcement personnel shall indicate the situation.
Administrative law enforcement personnel shall sign the interrogation.
70th administrative law enforcement personnel shall access to original documents related to the case. There is difficulty in access to original documents, you can copy.
Copies shall be marked "after checking with the original line", and signed by the materials provided or sealed, provider refuses to sign or seal, the administrative law enforcement personnel shall indicate the situation.
71st checking violations of administrative law enforcement personnel shall make transcripts or transcripts, if necessary, take photographs, audio and video records.
On-site inspections should be the administrative relative person present administrative relative person is not present or refused to be present, there should be witnesses. Transcripts, field notes should be determined by the administrative law-enforcement personnel, administrative relative person or witness signatures.
Administrative relative person refuses to sign, the administrative law enforcement personnel shall indicate the situation.
72nd sampling evidence shall conform to the relevant provisions of administrative law enforcement personnel, extraction of samples should be sealed on the spot; limited number of samples to be able to identify quality characteristics of the goods.
Sample evidence should generally have private party or witnesses, and provide sample evidence list. Sample list of evidence should be made by the law enforcement officers, private person or witness signatures. Administrative relative person refuses to sign, the administrative law enforcement personnel shall indicate the situation.
Sample list of evidence shall be in duplicate, by administrative law enforcement organs and administrative relative person armed with a.
The 73rd article to find out the facts of the case, you need to identify specific technical issues, administrative law enforcement organs should take the form of random delegates qualified to identify the bodies.
Administrative law enforcement organs should provide timely identification of materials, introduction and identification of the specific problems to be identified but no hints or forced to identify bodies or experts to make some conclusions.
74th at the administrative law-enforcement organs of the evidence registered for keeping shall be served on the holder of evidence evidence notice of advance registration saves; evidence after the name, quantity and characteristics of the registered, proof list.
When the antecedent register shall be holders of evidence or witnesses. Evidence list should be held by the administrative law enforcement personnel, evidence or witness signatures. Holder refuses to sign the evidence, administrative law enforcement personnel shall indicate the situation.
List of evidence shall be in duplicate, by administrative law-enforcement organs and holders hold a copy of the evidence.
75th advanced registration and preservation of evidence should be sealed, or by holders of evidence preserved administrative custody of law enforcement agencies.
The registration and preservation of evidence shall not be damaged, destroyed or transferred.
76th administrative law enforcement intends to make a decision of administrative penalty shall be served on the administrative relative person notice of administrative penalty, let the decision on administrative penalty facts, reasons, basis and shall enjoy the rights. 77th administrative revocation certificate of administrative license decision from law enforcement authorities, shall withdraw the certificate of administrative license has been revoked.
No hand, administrative law-enforcement organs shall be announced invalid.
78th administrative law-enforcement agencies when making a temporary suspension or revocation of license, administrative law-enforcement organs with the issuing authority is not the same, the Chief law enforcement agency shall promptly notify the issuing authority after the sanction decision, issuing authorities shall assist in the implementation of, and notify the administrative law-enforcement organs the implementation results.
79th article administrative punishment case has following case one of of, should closed: (a) not meet filed conditions of; (ii) violations minor and timely corrected, no caused against consequences, decided not administrative punishment of; (three) administrative punishment decided has implementation finished of; (four) administrative punishment decided terminated implementation of; (five) legal, and regulations or regulations provides of other case.
Section III administrative mandatory 80th administrative law enforcement organs to perform their administrative duties to suppress evidence of illegal activity, to prevent damage, avoid hazards, control risks to expand, may, in accordance with the implementation of administrative enforcement. Administrative enforcement shall not abuse.
Introduction of non-mandatory measures can achieve administrative purposes shall not be compulsory.
Implementation of administrative enforcement shall, in accordance with the statutory requirements, correct application of the law and regulations, select the appropriate pattern with minimal damage were forcing people to protect the rights of limits.
81st compulsory administrative measures include the following: (a) seized and (b) seized and (iii) freezing; (d) the restriction of citizens ' freedom and (v) other ways provided for in laws and regulations.
Restriction of citizens freedom of coercive measures shall be executed in accordance with the law.
82nd administrative enforcement mainly has the following methods: (a) performance, (ii) late fees, (iii) transfer; (d) the provisions of laws and regulations in other ways.
The 83rd before taking administrative compulsory measures, administrative law enforcement personnel should report to the head of the law enforcement agencies, and approved.
Compulsory administrative measures need to be implemented immediately in case of emergency, the Chief law enforcement officers shall report promptly after the respective administrative law enforcement organs.
84th administrative enforcement should be carried out by two or more administrative law enforcement personnel.
The 85th under any of the following circumstances, administrative law-enforcement organs can be taken against the property of the administrative relative person according to law seizure, seizure of compulsory administrative measures: (a) finding prohibited items, (ii) evidence may be destroyed, and (iii) administrative relative person may transfer property to avoid legal obligations and (iv) other circumstances as stipulated by laws and regulations.
Seizure, seizure of goods is limited to the property involved, shall not be sealed up, distrained property regardless of the violations.
The 86th sealed up or seized property shall be served on the administrative relative person written decision on sealing up, distraining, tell us the reasons for taking measures of constraint, basis and shall enjoy the rights, and listen to their statements and to defend themselves.
87th seal up, distrain, there should be an administrative relative person or witnesses, and sealing up, distraining list. List of attachment, arrest should be made by the administrative law-enforcement personnel, administrative relative person or witness signatures. Administrative relative person refuses to sign, the administrative law enforcement personnel shall indicate the situation.
Attachment, arrest two copies of the list should be made by the law enforcement agencies and private party to hold.
The 88th to seal up or seize property, administrative law-enforcement organs shall take good care of, you may not use or damage.
On seizure of property, administrative law-enforcement agencies may designate administrative custody, administrative relative person shall not be destroyed or transferred. 89th sealed up, distrained shall not exceed a period of 30th; complex, subject to the approval of the heads of law enforcement agencies, can be extended to 30th.
Extension of deadline, it shall inform the administrative relative person.
Administrative law enforcement agencies after the seizure, seizure, shall promptly ascertain the facts within the statutory time limit, make a decision according to law.
90th administrative law enforcement organs on administrative relative person of frozen bank deposits taken coercive measures, should be carried out in accordance with legal authority and procedure. 91st administrative law-enforcement agencies to freeze deposit amount and the amount of money needed to carry out administrative decisions or illegal shall assume the liability.
Deposits that have been frozen by the other organs may not be frozen.
92nd administrative law enforcement organs to freeze deposits shall notify financial institutions.
Administrative law enforcement organs should be frozen within 3rd private party inform such written decision on the freezing of deposits and shall enjoy the rights.
93rd after the commencement of administrative decisions, administrative relative person does not fulfil its obligations within the prescribed period, administrative law-enforcement agencies who will have administrative enforcement law enforcement; no compulsory administrative power of administrative law enforcement organs should apply to a people's Court for compulsory execution.
94th administrative administrative enforcement decisions made by law enforcement agencies, shall give a written notice of administrative counterpart obligations and inform the consequences of failure to fulfil obligations.
Notice, relative of late not to implement the decision of the Administration, administrative law-enforcement organs can take administrative enforcement decisions.
95th implementation of administrative enforcement shall not be at night and on holidays, but because of the urgency of the situation, or except with the consent of the administrative relative person.
Administrative law enforcement organs may not stop water supply, power supply, gas supply, such as forcing the administrative relative person to perform the administrative duty.
96th the money from law enforcement organs in accordance with the obligations of the executive decisions, administrative relative person fails to comply, the administrative organ may charge a late fee.
Late fees shall not exceed the amount of money amount of the obligation.
97th administrative law enforcement organs in accordance with the allocation of administrative relative person deposits shall notify financial institutions.
98th administrative law enforcement organs according to law preclude prejudice, restitution and other obligations of administrative decisions, administrative relative person fails to comply, the administrative organ may not interest related to entrusted on behalf of other organizations to perform.
99th article generation perform should in accordance with following program for: (a) announcement generation perform of standard of, and way, and date, and locations, and costs and generation perform people; (ii) in generation perform date of 3rd Qian, urged told administrative relative people perform; administrative relative people automatically perform of, stop generation perform; (three) generation perform Shi, made decided of administrative law enforcement organ should scene supervision; (four) generation perform finished, administrative law enforcement organ, and generation perform people, and administrative relative people or witnesses should in implementation instruments Shang signed.
100th implemented immediately in case of emergency to fulfil administrative relative person is not present at the time, the Chief law enforcement agency shall notify promptly after the administrative relative person.
Fourth section 101th is imposed by administrative law-enforcement organs of administration in accordance with the laws and regulations to the administrative relative person of property expropriation, its scope includes: (a) tax, (ii) administrative charges and (iii) land, housing and other real property; (iv) vehicles and other movable property; (e) the laws and regulations of the other property.
102th administrative enforcement authorities collect tax in accordance with the provisions of that law on tax collection and administration. 103th administrative charge by law enforcement agencies in accordance with the law, established by the regulations, criteria and procedures for the implementation of the project, it may not provide for the levy of charges, to stop, avoid, reduce, and other matters.
104th administrative charge by law enforcement agencies shall issue a written instrument, fees, standards, stated amount, based on the content, and explain the reasons and inform the law right.
Administrative law-enforcement organs requires the relative to take the initiative to pay, shall be paid publicity such as the time, place and manner.
105th administrative charges must be in possession of law enforcement agencies issued by the commodity price departments pay license and use printed bills of the financial sector.
106th administrative charges should be turned over to the State Treasury in accordance with law.
107th administrative needs of the law enforcement authorities in the public interest, in accordance with the law of the jurisdiction and the procedures may impose the administrative relative person of land, housing and other real property. 108th administrative law enforcement organs for urgent needs such as emergency rescue, disaster relief, according to the law of competence and the procedure for expropriation of the administrative relative person real or movable property.
After the expropriated immovable or movable property used, shall be returned to the administrative relative person.
109th administrative enforcement authorities administrative relative person's property should be compensated, but except for administrative law enforcement authorities collect taxes.
Administrative law-enforcement organs of administrative relative person of real property or movable property damaged, destroyed or lost after being requisitioned or expropriated, compensation shall be made.
Of administrative expropriation compensation ranges and standards in accordance with the provisions of laws and regulations.
Fifth section, administrative adjudication 110th, a right of administrative adjudication of administrative law enforcement organs in accordance with the laws and regulations, to rule on non-contract civil disputes, such as the ownership of natural resources.
111th administrative law enforcement authorities upon receipt of a ruling request, shall review the application materials, is admissible, shall, from the date of receipt of the application within the 5th admissibility decision notices issued to the applicant application information is not complete, in addition, shall inform the applicant in writing at once within the 5th can be corrected on the spot, shall permit the correction on the spot.
112th under any of the following circumstances, administrative law-enforcement organs inadmissible: (I) the applicant does not meet the eligibility criteria and (ii) do not belong to the scope of the accepted; (c) other circumstances as legally inadmissible.
Inadmissible, administrative law-enforcement organs shall from the date of receipt of the application, 5th by notice in writing to the applicant.
113th administrative law enforcement organs to accept a ruling upon application, shall serve on the respondent a copy of the application within the 5th and the respondent a notice. Being the applicant shall receive a copy of the application and the respondent a notice of the date of submitting to the law enforcement agencies within the 10th pleadings and all supporting material.
Administrative law-enforcement organs shall, from the date of receipt of the reply in the 5th, pleading to be served on the applicant. 114th administrative law enforcement related materials should be legality, authenticity investigations.
Investigations should be carried out by two or more administrative law enforcement personnel.
Administrative law enforcement organs should fully hear the views of the parties, conduct a review of the facts, reasons and evidence.
115th administrative adjudication cases need to be heard in public, administrative law-enforcement organs shall send the notice of hearing to the parties in the 5th before the trial.
Administrative law enforcement organ trial administrative ruling case should followed following program: (a) verified both party and Agent identity and authorized permission; (ii) announced trial discipline requirements, told both party in trial in the of right and obligations; (three) applicants statement; (four) was applicants reply; (five) both party proof, and quality card, and debate; (six) both party last statement.
116th trial record shall be kept. Trial transcript shall refer the parties to check, check and sign or seal.
Refusing to sign, indicate the situation by administrative law-enforcement personnel. 117th as the parties agree, mediation in administrative law enforcement agencies can be organized.
After mediation, the parties agree, administrative law enforcement organs should be mediation, mediation with the agreement of both parties sign, which produces legal effects.
118th party does not agree to mediation or conciliation there is no consensus, the Chief law enforcement agency shall make a written decision, and served on both parties in the 7th.
Administrative law enforcement authority shall 119th make an administrative decision within 60 days from the date of receipt of the application, big, complex cases approved by the head of the law enforcement agencies can extend the 30th. The fourth chapter 120th administrative law enforcement supervision system of administrative law enforcement personnel qualification management.
Administrative law enforcement personnel shall be subject to a unified training and examinations, administrative law enforcement qualifications and certificates in order to engage in law enforcement activities.
City and district (County) Government legal qualifications in accordance with the relevant provisions of administrative law enforcement personnel management, training, examination and certification work. Article 121th files comments on the system of administrative law enforcement.
City and district (County) Government legislative bodies should periodically to review the administrative law enforcement law enforcement files checked, on instruments to carry out spot checks on the use of administrative law enforcement. 122th administrative law enforcement and inspection systems.
City and district (County) Government legal agencies and supervisory organs shall every year to check the enforcement of administrative law enforcement organs and will examine the report to this level of Government. 123th subject evaluation system of administrative law enforcement. City and district (County) Government legislative bodies should be an annual evaluation of administrative law enforcement organs, evaluation included in the Government's annual target.
City and district (County) Government should review best administrative law enforcement organs and administrative law enforcement personnel for recognition. 124th system of administrative law enforcement investigation into misjudged cases.
Violation of administrative law enforcement personnel shall be determined by administrative law-enforcement organs or fault to hold the supervisory organs.
Not suitable to continue to work with law enforcement in administrative law enforcement personnel, by administrative law-enforcement agencies or municipalities, district (County) Government legal agencies temporary suspension or revocation of certificates, and the administrative law enforcement organs removed from post.
Illegal administrative administrative liability shall be liable for damage caused by the relative.
Law enforcement fault responsibility investigation results should be open to the public.
Fifth chapter legal liability article 125th administrative law-enforcement agencies in violation of this specification, by municipal, district (County) Government legal organization rectification; fails to mend, newspapers criticized the Government at the same level are serious, in accordance with the relevant provisions of administrative accountability of Heads of law enforcement agencies.
126th administrative law enforcement personnel shall violate the provisions of this code, by the administrative law-enforcement agencies criticized in serious cases, the supervisory organ or authority shall investigate administrative responsibilities.
127th entrusted with administrative enforcement actions of the illegal organization, by a delegate shall be ordered to correct serious by the supervisory organs shall be subject to administrative responsibility.
Sixth chapter supplementary articles article 128th municipal administrative law enforcement agencies in the enforcement regulations of the system should be enacted in accordance with this specification, and report to the legal filings.
129th standard on the "2nd", "3rd", "5th", "7th" requirement refers to working days, excluding holidays.
130th standard as of January 1, 2009.