Zhengzhou City Administration Relative-Centralized Administrative Punishment Right

Original Language Title: 郑州市城市管理相对集中行政处罚权规定

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(On November 23, 2007 Zhengzhou Government 93rd times Executive Conference considered through on November 28, 2007 Zhengzhou Government makes 171th, announced since on January 1, 2008 up purposes) first chapter General first article for strengthening city management, improve city management administrative law enforcement level and efficiency, according to People's Republic of China administrative punishment method, about legal, and regulations provides and State legal do on in Henan province Zhengzhou carried out relative concentrated administrative punishment right pilot work of reply,
    According to city management, these provisions are formulated.
    Provisions of this article apply in the city (not including street area) and the Municipal Government to determine other special area of relatively centralized administrative punishment in urban management rights and administrative enforcement power associated with administrative punishment and administrative inspection rights (hereinafter referred to as administrative penalty).
    Article city and district (excluding blocks on, the same below) administrative law enforcement organs in accordance with the provisions on the administration of the city, exercise the relevant administrative departments to exercise some or all of the administrative right of penalty.
    Urban administration authorities according to relevant laws, regulations, provisions of the regulations, delegate municipal people's Government established a special regional and field administrative offices to implement administrative punishments.
    Fourth municipal administration authorities are responsible for implementation of this provision, and is responsible for the district administration of work assessment, coordination, supervision and management.
    District city management and administration, law enforcement agencies in the district people's Government and municipal administration under the leadership of law enforcement agencies, shall be determined in accordance with the exercise of the power of relatively concentrated administrative punishment in the permissions area, and accepts the relevant administrative departments of the people's Government, operational guidance.
    Fifth district city management administrative law enforcement organs to the subdistrict office and township (town) people's Government law enforcement agencies, in accordance with the Division of responsibilities is responsible for urban management power of relatively concentrated administrative punishment within their respective jurisdictions.
    The sixth (village) committees should be assisted, with the city administration of administrative law enforcement activities carried out according to law, violations of city management within their respective jurisdictions laws, rules and regulations to be stopped, and city administration the Chief law enforcement agency.
    Seventh after the relatively centralized administrative punishment right, the relevant administrative departments shall not be exercised by the city administration of administrative law enforcement organs to exercise the power of administrative penalty still exercise, make a decision of administrative penalty shall be invalid, and bear the corresponding legal responsibility.
    The eighth municipal and district people's Government, the administrative law enforcement organs in accordance with the relevant administrative departments of the city administration of administrative punishments should be given support and cooperation.
    Public security organs set up management city public security agencies should coordinate urban administrative and law enforcement.
    Second chapter concentrated administrative punishment matters Nineth article city city management administrative law enforcement organ according to city planning management aspects of legal, and regulations, and regulations of provides, on State-owned land Shang (has built residential except) violation city planning management of various construction behavior exercise administrative punishment right; district city management administrative law enforcement organ according to city planning management aspects of legal, and regulations, and regulations of provides, on collective land Shang and has built residential of State-owned land Shang violation city planning management of various construction behavior exercise administrative punishment right.
    Tenth Article city city management administrative law enforcement organ according to city outdoor advertising set management aspects of regulations, and regulations of provides, on city trunk road and the sides, and square, and Park, and railway station, and bus station, and airport, and City out entrance, regional within violation city outdoor advertising set management provides of behavior exercise administrative punishment right; district city management administrative law enforcement organ according to city outdoor advertising set management aspects of regulations, and regulations of provides, on other regional violation city outdoor advertising set management provides of behavior exercise administrative punishment right.
    11th district administration authorities according to the urban landscape of the city management laws and regulations, the provisions of regulation, in accordance with the administrative provisions on jurisdiction for violations of city landscaping Act exercise of administrative punishment right.
    12th district city management administrative law enforcement organs according to the city appearance and environment sanitation management law, the provisions of statutes, regulations, for violations of city appearance and environment sanitation management acts in the exercise of administrative punishment right.
    13th district city management and administration, law enforcement agencies based on urban dog management regulations, rules of the violations of the urban dog management requirements of the exercise of the power of administrative penalty.
    14th district city management and administration according to the law enforcement agencies of municipal facilities management laws, regulations and rules of the violations of the provision of municipal facilities management exercise of the power of administrative penalty.
    15th article district city management administrative law enforcement organ according to city air pollution control management aspects of legal, and regulations, and regulations of provides, on following behavior exercise administrative punishment right: (a) in no coal-fired district range within existing using high pollution fuel of units and personal not by City Government provides of term instead clean energy of; (ii) in urban built district within construction, and using burning with coal, high pollution fuel of stove of; (three) store, and transport, and handling toxic harmful gas not take prevention measures of; (Four) open stacked may produced Yang dust of goods or material, not take cover, and set surrounding block, dust Yang dust pollution measures of; (five) handling, and transport may produced Yang dust of goods of vehicles and construction vehicles, not equipped with dedicated closed device or take other dust measures of; (six) in city urban, and landscape places district, and nature reserve, and heritage protection district and the other need special protection of regional within, burning asphalt, and linoleum, and rubber, and leather, and garbage and other produced toxic, and harmful dust, and
    Stench gas of material of; (seven) in city, and District Government delineation of specific site outside set open barbecue diet stalls, or in delineation of specific site within set of open barbecue diet stalls using high pollution fuel of; (eight) catering service places not take set dedicated fume emissions channel, and installation oil purification device, governance measures, led pollutants emissions not standard, or set of dedicated fume emissions channel effect around residents life environment of.
    16th district administration authority management based on urban environmental noise pollution control laws, provisions of the statutes, regulations, for violations of construction noise and noise management requirements of the exercise of the power of administrative penalty of social life.
    17th district city administration body according to the industrial and commercial administration of laws, regulations and rules of the, law approved the establishment of the market or outside the premises without engaging in business activities to exercise the power of administrative penalty.
    18th article of the local laws and Government regulations providing for other matters of relatively centralized administrative punishment in urban management, administrative law enforcement organs to exercise by the city administration.
    Chapter law enforcement code of conduct the 19th city management and administration, law enforcement agencies should carry out the responsibility system for administrative law enforcement, clear responsibilities, clear responsibility for personnel and are responsible, and to establishing and perfecting the system of administrative law enforcement job rotation and withdrawal system.
    20th city administrative law enforcement organs should strengthen management of urban management training for law enforcement officers and law enforcement personnel qualification and certified system, and continuously improve the level of administrative enforcement of law enforcement personnel. 21st urban management and administration, law enforcement agencies should strengthen the internal supervision and restriction mechanism of administrative penalties, establish and perfect the administrative penalty system of separation of investigation and evidence collection, decisions and oversight functions.
    Urban management the principles of administrative law enforcement organs should be based on the penalty, fines in the discretion of administrative penalty specified, and to the public, subject to public supervision. 22nd city administration of administrative punishments must be strictly in accordance with the People's Republic of China on administrative punishment law and other relevant laws, regulations, rules and regulations of the program.
    City administrative law enforcement personnel to investigate offences, shall be not less than two, must wear a uniform law enforcement logo, and show the certificate of administrative law enforcement in Henan province.
    23rd city management and administration, law enforcement agencies discover violations, shall order the party to immediately correct or rectify. 24th city management and administration, law enforcement agencies in investigating offences, used illegal tools and goods may be destroyed or lost or difficult to obtain later, upon approval by the head of this body, and antecedent register; right after registration and preservation of difficult to obtain on the spot, can be saved to be registered, and replacement within 24 hours for approval.
    City Administration of registration and preservation measures taken by law enforcement agencies, the credentials should be issued to the party a unified format.
    25th city in administrative law enforcement administrative law enforcement organs at sequestration, seizure of tools and articles, shall take good care of it.
    Are sealed up, distrained tools and articles to save or unclaimed within a limited period, by the financial departments of the city administration in conjunction with the law enforcement agencies according to law.
    Article 26th city management urban management of administrative law enforcement organs found violations of administrative law enforcement agencies should be investigated and dealt with without investigation, ordered to investigate or to investigate and penalize directly.
    Fourth chapter coordination and cooperation of the 27th the city administration administrative law enforcement organs and other relevant administrative departments should set up administrative and administrative law enforcement information exchange, coordination mechanisms.
    28th article of licensee's violations of the matters of administrative license, shall be punished by the city administration authorities, relevant administrative departments in making the administrative licensing decision, administrative decision on shall promptly be informed the city administration enforcement authorities via a computer network.
    City Administration administrative law enforcement organs to the licensee after the punishments in administrative licensing matters, administrative penalty shall promptly decide through computer networks, including relevant administrative departments. 29th article should be found in the relevant administrative departments in the administration by the city administration of administrative punishment of violations committed by law enforcement agencies, should be transferred to the city administration organs in the 3rd.
    Urban management in the administrative law enforcement by law enforcement agencies found that offences should be dealt with by other relevant administrative departments, should be transferred to the other relevant administrative departments in the 3rd. 30th city management and administration, law enforcement agencies investigating cases in violation of relevant formalities according to law by the parties, the city administration organ shall order the replacement.
    Parties in the performance of administrative punishment decision conditions and in accordance with the laws, regulations and relevant administrative departments should be handled in a timely manner. Needs to go through the relevant formalities according to law violations, City Administration made by the law enforcement authorities in the administrative punishment decision, should seek the views of relevant administrative departments.
    Relevant administrative departments should respond in the 5th.
    31st city management and administration, law enforcement agencies investigate and deal with cases of illegal parties caused violations of municipal facilities, landscaping, sanitation facilities and other public facilities damaged need to compensate for the losses, administrative law enforcement agency shall notify the relevant administrative departments of the city administration in accordance with the price administrative departments approved the compensation standards or organizational assessment, the proposed amount of compensation, compensation decisions by administrative law-enforcement agencies of the city.
    32nd city management and administration, law enforcement agencies investigate and deal with illegal cases need to know, enquiries or make technical appraisal, monitoring, and administrative departments should support and cooperate with us.
    Fifth chapter 33rd city administration law enforcement supervision organs of administrative enforcement, should be supervised by the people's congresses, people's political consultative conference, and the people and accept government rule of law institutions, administrative reconsideration and judicial oversight.
    34th City urban administrative enforcement authority shall, jointly with relevant departments and the district people's Government the establishment of work standards of the city administration, effectiveness evaluation system, establish and improve the system of administrative law enforcement responsibility.
    35th of municipal urban administration, district administration shall establish a violation of city management reports, the complaints system, and provide informants, confidentiality of the complainant.
    Reports, complaints of citizens, legal persons and other organizations activities, within the mandate of the genus, urban management law enforcement agencies shall be investigated and investigated promptly inform the informant or complainant; not within the scope of its responsibilities transferred to the relevant administrative departments, shall inform the informant or complainant will be transferred in time.
    36th city management major administrative punishment decision of the administrative law enforcement organs, should be reported to the people's Government at the 15th since making legal filings.
    Municipal and district people's Government legal agencies find the city administration law enforcement administrative penalty decision unlawful or inappropriate, shall notify them promptly corrected; urban management administrative law enforcement organs are not corrected in a timely manner, to draw the same level people's Governments shall be ordered to correct.
    37th city management and administration, law enforcement agencies and other relevant administrative departments for administrative rights dispute, be submitted to the people's Government at the rule of law institutions coordinate; coordination fails, dealt with by the people's Government at the rule of law institutions reported to the people's Government at the decision. Article 38th of citizens, legal persons or other organizations, City Administration made by the law enforcement agencies, on the specific administrative acts, apply for reconsideration, applied for reconsideration should be submitted to the municipal people's Government; the urban administrative enforcement agencies specific administrative acts, or to the district people's Government municipal administration authorities apply for reconsideration.
    Party may also directly Institute administrative litigation in the Court.
    39th article city management administrative law enforcement organ and law enforcement personnel has following behavior one of of, by its where units or has management permission of sector on directly is responsible for of competent personnel and has directly responsibility of directly responsibility personnel law give administrative sanctions; to party caused loss of, should law bear compensation responsibility; constitute crime of, law held criminal: (a) cannot set according to or violation statutory program implementation administrative punishment of; (ii) unauthorized change punishment type, and range implementation administrative punishment of;
    (Three) not using statutory unified notes implementation administrative punishment of; (four) interception, and misappropriated, and privately or disguised privately confiscated payments and property, or unauthorized using sealed, and seized of tool, and items of; (five) using positions convenience, obtained or received others property of; (six) on found of violations not timely investigation caused serious consequences of; (seven) has other abuse, and negligence, and engages in behavior of.
    City Administration Chief law enforcement officers of any of the acts listed in the preceding paragraph, if the circumstances are serious, the municipal or district people's Government of Henan province administrative enforcement legal institutions to withhold the permit, or by the people's Government at the agreement, cancellation of the administrative law enforcement certificate of Henan province. Sixth chapter supplementary articles article 40th these provisions come into force on January 1, 2008.
                                    June 7, 2006, the Zhengzhou municipal people's Government issued regulations on the relatively centralized administrative punishment right in urban management (municipal 151th) repealed simultaneously.

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