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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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(Adopted at the 93rd Standing Conference of the People's Government of the State of Great Britain and Northern Ireland, on 23 November 2007, No. 171 of the Order of the People's Government of the State of Hygiene, dated 28 November 2007 (Act of 1 January 2008)

Chapter I General
Article 1 enhances urban management and enhances the level and efficiency of administrative enforcement in urban management, and in accordance with the relevant laws, regulations and regulations of the People's Republic of China's Administrative Punishment Act, and the letter of the State Department of Rule of Law on the implementation of the relatively centralized administrative penalties pilots in the city of the River Southern Province, in conjunction with the actual management of the city.
Article 2 applies to the exercise of urban management in the city (unless to include the streets) and other special areas identified by the Government of the urban population, which are relatively concentrated in administrative penalties and administrative coercive and administrative inspections relating to the right to administrative sanctions (hereinafter referred to as administrative penalties).
Article 3 provides for the exercise of part or all administrative penalties that have been exercised by the relevant administrations, in accordance with the provisions of this Article, by the urban administration executive branch.
The administrative law enforcement agencies in urban management may, in accordance with the relevant laws, regulations and regulations, entrust administrative sanctions to the authorities in the specific regions and areas identified by the Government of the city.
Article IV is responsible for the implementation of this provision by the urban administration executive branch and is responsible for the conduct of evaluation, coordination, supervision and management of administrative enforcement in urban management in all regions.
Under the authority established under this provision by the urban administration administration executive branch, under the leadership of the people of the region and the urban administration administration administration, the authorities established under this provision exercise the relatively centralized administrative penalties within the jurisdiction and receive operational guidance from the Government.
Article 5
Article 6
Article 7. The former executive branch shall not exercise the administrative penalties that have been exercised by urban administration enforcement authorities after a relatively concentrated nature of the administrative sanctions regime; the administrative penalties imposed are still in place and the corresponding legal responsibility is assumed.
Article 8
The urban management public security agency established by public security agencies should work in coordination with the administration of administrative law enforcement in cities.
Chapter II
Article 9. The urban administration executive branch exercises administrative penalties for various types of construction in the State's land (with the exception of the construction of the residential area) in violation of urban planning, in accordance with the provisions of the laws, regulations, regulations, regulations and regulations governing urban planning management, in accordance with the regulations governing urban planning management, and in violation of the various types of construction of urban planning management in the State's land on collective land and in the home area.
Article 10 Administrative enforcement agencies in urban administration exercise administrative penalties for acts in violation of urban out advertising regulations, regulations and regulations in accordance with regulations, regulations governing the placement of outdoor advertisements by urban dwellers and the two sides, squares, parks, fire stations, vehicle stations, airports, urban entrances, and administrative penalties for other regions in violation of the regulations governing the administration of urban advertisements, in accordance with regulations, regulations and regulations governing the administration of urban administration.
Article 11 Administrative enforcement agencies in urban management exercise administrative penalties for violations of the provisions of the Greenization Management of Urban Parks, in accordance with the provisions of the laws, regulations, regulations and regulations governing the greening management of urban parks.
Article 12 Administrative enforcement agencies in the area of urban management exercise administrative penalties for violations of urban and environmental management, in accordance with the provisions of the laws, regulations, regulations and regulations governing urban and sanitation management.
Article 13 Administrative enforcement authorities in the area of urban management exercise administrative penalties for violations of the provisions of urban nutrients management, in accordance with regulations, regulations and regulations governing the management of sancies.
Article 14. Regional urban administration executives exercise administrative penalties for violations of the provisions of municipal facilities management, in accordance with the laws, regulations, regulations and regulations governing the management of municipal facilities.
Article 15. Regional urban administration enforcement authorities exercise administrative penalties for:
(i) The existing units and individuals that use high-pollutant fuel within the area of non-fuel coal do not convert to clean energy in accordance with the deadlines set by the Government of the city;
(ii) To build stoves for high-pollutant fuel, such as coal, in the city area;
(iii) The storage, transport, loading of toxic gases without preventive measures;
(iv) The open slots may result in the possibility of respiratory goods or material, and do not take measures to protect dust, such as cushion and severing;
(v) Vehicles and construction vehicles that may result in the loading, transporting of goods that may be propitious, are not equipped with specialized sealing devices or other measures of dust;
(vi) In areas where urban areas, wind poles, natural protected areas, artisanal protected areas, and other areas requiring special protection, the burning of paints, rubber, leather, garbage and other substances that produce toxic, harmful cigarettes, heinous gases;
(vii) The creation of an open bathymetry, or the use of high-polluted fuel at an open-aired feeding point in the specific premises identified by the city, the people of the region;
(viii) Inadequate access to exclusive oil cigarettes, the installation of fuel purification devices, resulting in non-application of pollutant emissions or the introduction of specialized oil-smoking channels affecting the living environment of the population.
Article 16 governs the exercise of administrative penalties for violations of construction noise and social life noise management provisions, in accordance with the laws, regulations, regulations and regulations governing the management of urban environmental noise.
Article 17 governs the administration of administrative law enforcement in urban areas, in accordance with the provisions of the laws, regulations, regulations and regulations governing the administration of business, to exercise administrative sanctions for unauthorized conduct of business activities outside the market or operating places authorized by law.
Article 18
Chapter III
Article 19 Administrative law enforcement agencies in urban management should introduce administrative law enforcement responsibilities, clear job responsibilities, clear terms of responsibility and responsibilities, and establish a system of rotation and avoidance for administrative law enforcement personnel.
Article 20 should strengthen the operational training of urban law enforcement officials, the introduction of the law enforcement qualification system and the evidence-based induction system, and the continuous improvement of the level of law enforcement by administrative law enforcement officials.
Article 21 Administrative enforcement agencies in urban management should strengthen internal oversight mechanisms for the implementation of administrative sanctions and establish a system of evidence, decision-making and supervision of the separation of functions for sound administrative sanctions. The executive law enforcement agencies in urban management should make specific provisions on the discretionary power of administrative sanctions, such as fines, in accordance with the principle of proportionality of penalties, and be open to social scrutiny.
The enforcement of administrative penalties by urban administration authorities must be carried out in strict compliance with the National People's Republic of China Administrative Punishment Act and other relevant laws, regulations and regulations. In cases where administrative law enforcement officials are found to be guilty of violations, they are not less than two, and there must be a uniform law enforcement mark and a administrative law enforcement certificate for the River Southern Province.
Article 23 found violations by urban administration enforcement authorities and should be responsible for the immediate transformation of the parties or for the period of time.
Article 24, when the administrative law enforcement organs of urban administration are seized of the offence, may lose or otherwise make it difficult to obtain the tools and goods used for the offence, which may be registered before the date of publication of the approval by the head of the institution, and if the maintenance of the improper place is difficult, registration may be preserved before registration and the approval process within 24 hours. The administrative law enforcement agencies in urban management take registration conservation measures and should be given a voucher to the parties.
Article 25. Urban administration of administrative law enforcement agencies should be kept in good custody of the tools and goods that are stored and seized in administrative law enforcement.
The seizures, seizures and items are difficult to preserve or fail within a specified period of time, and are dealt with by law by the urban administration executive branch with the same level of finance.
Article 26 of the urban administration administration administration authorities found that district urban administrations should be found to be responsible for the commissioning or direct organization.
Chapter IV Coordination and cooperation
Article 27 provides that urban administration enforcement agencies and other relevant administrations should establish information communication, working coordination mechanisms for administrative and administrative enforcement.
Article 28 imposes on the licensee for administrative purposes and shall be punished by the urban administration executive law enforcement authorities, and the administrative authorities shall communicate administrative licences in a timely manner to the urban administration of administrative law enforcement authorities, including through computer networks, after making administrative licence decisions.
The administrative law enforcement authorities in urban administration should be informed of the administrative sector in a timely manner, including through computer networks, after the penalties imposed by the licensee for administrative purposes.
Article 29 related to the discovery by the administration of administrative authorities of offences punishable by the administrative law enforcement organs of urban administration, which should be transferred within 3 days to the urban administration executive branch. In the course of law enforcement, the urban administration executive authorities found that the offences to be dealt with by the other relevant administrations should be transferred within 3 days.
Article 33 The parties in the case of violations committed by the executive branch of urban administration should be governed by the law, and the executive branch of urban administration should be responsible for bringing them to justice. The administration concerned should be carried out in a timely manner, following the execution of administrative sanctions decisions and in accordance with the terms of law, regulations.
In cases where the law requires that the relevant procedures be brought to justice, the executive law enforcement authorities in urban administration should seek the views of the administration before deciding on administrative penalties. The executive branch should respond within 5 days.
Article 31 of the violation of the law enforcement authorities of the urban administration resulted in compensation for damage to public facilities, parking greening facilities, environmental sanitation facilities, etc., which should be informed by the urban administration authorities of the amount of compensation in accordance with the criteria for compensation approved by the price administration authorities or the organization of assessments.
Article 32, where the administrative law enforcement authorities are investigating cases of violations requires knowledge, access to information or technical identification, monitoring, the administration concerned should support and cooperate.
Chapter V Enforcement oversight
Article 33 governs the administration of administrative law enforcement by urban administration and shall be subject to supervision by the same-ranking, political and people and to the supervision of the Government's rule of law institutions, the executive review body and the judiciary.
Article 34 of the municipal administration of justice should establish work standards, effectiveness evaluation systems, and institutionalize administrative enforcement responsibilities with the relevant departments and the people of the region.
Article XV of the municipal, district urban administration executives should establish a reporting system for urban management of offences, complaints and confidentiality for reportingers and complainants.
Reports of violations committed by citizens, legal persons and other organizations, within the scope of their responsibilities, the urban administration enforcement agencies should promptly investigate and communicate the situation to the reporting person or the complainant in a timely manner, and the transfer of their duties to the administrative authorities concerned shall be communicated in a timely manner to the reporting person or the complainant.
Article 36 Major administrative sanctions decisions taken by urban administration enforcement agencies should be reported back on the same-ranking government rule of law institutions within 15 days of the decision.
The authorities of the city, the people's rule of law have found that administrative penalties for the administration of urban law enforcement organs are illegal or inappropriate and should be informed of their timely redress; the urban administration of administrative law enforcement authorities have not been corrected in a timely manner and brought to the same-ranking people's Government accountable for redress.
Article 337, in which the executive branch of urban administration disputes with other relevant administrations, should be submitted to the same-level people's rule of law bodies to be addressed in coordination with the Government's rule of law bodies; coordination is incomplete and is presented by the same-level people's rule of law institutions to deal with the decisions of the Government.
Article 338 Civil, legal or other organizations do not perform any specific administrative acts against the urban administration executive branch, apply for review, shall apply to the Government of the city for reconsideration; specific administrative acts against the urban administration of the district can be reviewed by the authorities of the people of the region or by the municipal administration. The parties may also initiate administrative proceedings directly to the People's Court.
Article 39 governs the administration of administrative law enforcement organs and their law enforcement officers by one of the following acts, and by their units or departments with managerial competence, the direct responsible person directly responsible for the responsibility of the responsible person and the person responsible for direct responsibility is governed by the law;
(i) Failure to impose administrative penalties on the basis of or in violation of the statutory procedures;
(ii) To change the types of punishment and the range of administrative sanctions;
(iii) Non-use of statutory uniformed votes to be subject to administrative penalties;
(iv) Exclusive, misappropriation, misappropriation or conversion, or unauthorized use of seizures, seizures, goods;
(v) To use job facilities to seek or receive property from others;
(vi) The grave consequences of the discovery of an offence in a timely manner;
(vii) There are other abuses of authority, omissions and provocative fraud.
Administrative law enforcement officials in urban management have one of the acts listed in the previous paragraph, which is severe, with the suspension of the administrative law enforcement certificate in the Southern Province of the River, or with the consent of the same-ranking people's Government, the write-off of the administrative law enforcement evidence in the Southern Province.
Annex VI
Article 40 On 7 June 2006, the provisions of the right to urban management in the city of Hygiene (No.