Wuxi Power Of Relatively Concentrated Administrative Punishment Measures For Urban Management

Original Language Title: 无锡市城市管理相对集中行政处罚权办法

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(On July 5, 2007 Wuxi Government 64th times Executive Conference considered through on July 11, 2007 Wuxi Government makes 88th, announced since on August 15, 2007 up purposes) first chapter General first article to strengthening city management, improve city management administrative law enforcement efficiency and level, protection citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China administrative punishment method and about legal, and regulations, and regulations provides, combined this city actual, developed this approach.
    Article in context in the city system of relatively centralized administrative punishment right in urban management, these measures shall apply.
    Article referred to in this way relatively centralized administrative punishment right in urban management, refers, in accordance with the People's Republic of China on administrative punishment law and the State Council on further advancing the power of relatively concentrated administrative punishment decision, managed by the city of the relative concentration of law enforcement agencies to exercise the Executive authority all or part of the administrative right of penalty.
    Fourth city management exercise of administrative law-enforcement departments are municipal city management functions of the power of relatively concentrated administrative punishment, in accordance with the permission as provided herein, suppress, investigate and correct violations of city management laws, regulations, rules and other provisions of the Act, and shall be liable independently.
    City management and administration, law enforcement agencies, administrative law enforcement departments of the city administration commissioned urban administrative and law enforcement.
    Urban management, urban management, administrative law-enforcement agencies are the Executive vertical management by law enforcement agencies, is responsible for the implementation of this regional urban administrative and law enforcement.
    Fifth of municipal public security departments city administration public security agencies are specialized agencies of the city administration of security protection, in charge of policing the city administration, preventing, resolving and handling obstacles of city administration.
    Sixth municipal Committee of urban management is a comprehensive urban management coordinating body, specifically responsible for coordinating and guiding the city management significant work to address urban management and occurred in the power of relatively concentrated administrative punishment in major issues. Legal departments are relatively centralized administrative punishment right in urban management guidance, coordination bodies, specifically responsible for the relatively centralized administrative punishment right in urban management coordination and oversight.
    Legal work of the Government departments responsible for urban management in the region of relative-centralized administrative punishment right coordination and oversight.
    Seventh city administration, planning, municipal, city, landscape, industry and commerce, environmental protection, public security and other relevant administrative departments, cooperate, do a relatively centralized administrative punishment right in urban management implementation.
    Eighth of municipal urban management administrative departments administrative penalties shall follow the principles of lawfulness, fairness, openness; cessation, investigate, redress violations should adhere to combination of punishment and education, strict law enforcement, enforcement, and consciously accept the supervision by the community and the general public. Second chapter duties permission Nineth article city city management administrative law enforcement sector exercise following terms: (a) in accordance with city city and sanitation management aspects legal, and regulations, and regulations of provides, stop, and investigation, and corrected violation city city and sanitation management provides of behavior, law forced demolition not meet city looks standard, and sanitation standard of buildings, and structures or facilities; (ii) in accordance with city planning management aspects legal, and regulations, and regulations of provides, stop, and investigation, and corrected violation city planning management provides of behavior, In accordance with statutory program application forced demolition effect city planning of illegal buildings, and structures or facilities; (three) in accordance with City Green management aspects legal, and regulations, and regulations of provides, stop, and investigation violation City Green management provides of behavior, tie City Green competent sector corrected damaged green and the facilities, behavior; (four) in accordance with city municipal management aspects legal, and regulations, and regulations of provides, stop, and investigation violation city municipal management provides of behavior, Tie municipal public competent sector corrected damaged road and the municipal facilities, behavior; (five) in accordance with environmental protection management aspects legal, and regulations, and regulations of provides, stop, and investigation, and corrected social life noise pollution, building construction noise pollution, in population concentrated area burning produced toxic harmful dust and stench gas of material, to city River, and water dumping industrial waste, and building garbage, and life garbage or other waste of behavior; (six) in accordance with business administration aspects legal, and regulations, and regulations of provides, stop, and investigation
    Vendors operate illegally without permits, correcting behaviors; (VII) in accordance with the laws, rules and regulations of public security traffic management rules, suppress, investigate and correct the occupation of urban road; (h) perform other duties stipulated by provincial and municipal people's Governments.
    The tenth State municipal administration Department, or province, adjusting to the power of relatively concentrated administrative punishment, in accordance with the adjusted mandate implementation.
    11th article city city management administrative law enforcement sector in investigation violations Shi, can in accordance with legal, and regulations, and regulations of provides, take following measures: (a) for survey or check; (ii) check out, and access or copy about evidence material; (three) sampling forensics or first registration save about evidence; (four) site recording, and camera, made related evidence material; (five) legal, and regulations, and regulations provides of other measures.
    12th administrative law enforcement departments of the city administration, according to law should be dismantled buildings, structures or facilities, or other acts that should be rectified, you should first order the removal of the violator or corrected; refused to remove or correct, urban Administration Department in torn down or force corrected according to law, can the law-the recovery of the costs incurred.
    The 13th after a relatively centralized administrative punishment right, the departments concerned shall not be exercised by the Municipal Administration Department centralized exercise of administrative punishment right; still, the administrative decision is invalid.
    Chapter III-enforcement regulations article 14th Municipal Administration Department shall develop administrative enforcement, administrative penalty discretion in administrative enforcement procedures and applicable codes, and administrative law enforcement functions, procedures, results and discretion applicable code in its office space and website publicity.
    15th city management administrative law enforcement departments should establish and improve the mechanism for routine inspections, stops, investigating and correcting violations of city management laws, regulations, rules and regulations of the Act. 16th city management administrative law enforcement departments should establish and improve the system of complaints, reporting, report to the public complaints, contact.
    The registration of complaints, reporting should be, and verify in a timely manner. Municipal Administration Department whistleblower complaints, should be kept clear whistleblower complaints, shall from the date of acceptance of the 30th will result in feedback complaints, whistleblower; complex, approved by the head of this body, may extend processing time limit, but the extension period shall not exceed 30th.
    Otherwise provided by laws and regulations, from its provisions.
    17th urban management chief law enforcement officer in the execution of their duties, shall be uniform, produce to the party or person concerned administrative law enforcement documents, strictly in accordance with legal procedures and requirements of law enforcement. 18th city management administrative law enforcement agencies investigating offences, for the purpose should be to correct the violations.
    The law a minor, harmless, should first be education, shall be ordered to correct violations; violations of people active, positive and correct violations, or report discovered violations has performed meritorious service of others, should be given a lighter or mitigated punishment or be exempted from punishment.
    19th city management administrative law enforcement departments should be sealed, withholding of property or for advanced registration and preservation of evidence, must be issued to the parties list; the easy items, perishable goods or validity is about to expire, after evidence at auction, sell or take other measures for proper disposal.
    Occupying public space stacked item, pending the implementation of property management of residential areas, village or city in the sides of the road place, set the light boxes, eyesores or sanitation items such as support, within 3 months from the date of the announcement is still nothing to identify the city administration departments can handle. 20th unless otherwise prescribed by law, sealing up, withholding deadline not later than 15th.
    In the meantime, City Management Department shall make a decision of administrative law enforcement.
    Article 21st of illegal buildings, structures or facilities under construction, City Administration Department shall order the violator to cease construction immediately who refuses to stop, should be in accordance with legal procedures to force shut down and dismantled.
    22nd, city administration and law enforcement officers are permitted to charge instead of a fine or a fine in lieu fees or other hidden costs, permit or protection violation in disguised form.
    23rd article city city management administrative law enforcement personnel in administrative law enforcement in the shall not has following behavior: (a) violations party of personal right or other legal right; (ii) asking for or accept party property, and hosted, and entertainment consumption,; (three) not according to provides processing complaints, and reported or leaked complaints, and whistleblower about situation; (four) interception, and privately or disguised privately fine and the confiscated of property; (five) violation statutory program implementation administrative punishment, and administrative forced measures or administrative punishment explicit lost just;
    (F) the offences falling within the scope of administrative law enforcement responsibility does not stop, investigate and correct; (VII) favoritism, abuse, (VIII) laid down the basis to collect fines on the spot, and (IX) other violations of.
    The fourth chapter, city administration, backed up by the 24th Division and planning, municipal utilities, urban management, landscape architecture, environmental protection, industry and commerce, public security and other departments should establish and apply administrative, administrative law enforcement information-sharing and coordination mechanisms. 25th article related sector license following matters, should since made administrative license decided of day up 5th within, will administrative license decided CC city city management administrative law enforcement sector: (a) set outdoor advertising, and outdoor lighting, and door head; (ii) set public parking, and parking spaces, and country market; (three) occupied, and mining City Road or change road using nature; (four) construction buildings, and structures or other facilities; (five) occupied, and mining City Green; (six) residents residential, and noise sensitive District opened business
    , Service and entertainment; (VII) construction work at night; (VIII) disposal of construction waste, and (IX) other matters involving licensed power of relatively concentrated administrative punishment.
    Article 26th city management in administrative law enforcement departments of administrative law enforcement, to sanction violations of the licensee need to inform relevant departments shall, from the date of the decision on administrative penalty made on 5th, decided to copy the relevant Department of administrative punishment. Administrates the 27th city management administrative law enforcement of illegal construction and other acts in violation of city regulations required the authorities, relevant departments shall, upon receiving notification of the city management office-bearers of administrative law enforcement departments investigated the date until the date of investigation ended without involving the relevant procedures of the Act, and to cooperate with law enforcement.
    Has been accepted, it should be immediately suspended. 28th authorities found by city administrative law enforcement departments investigated and dealt with according to law violations shall be informed in a timely manner or transferred to the municipal administration of departments.
    Municipal administration sectors receiving informed shall be registered and processed in a timely manner. 29th city management administrative law enforcement agencies to investigate and deal with illegal construction, addition does not meet city appearance, environmental health criteria or is under construction, but illegal construction influence on urban planning should be to seek competent administrative departments of city planning. Urban planning, urban management, Administrative Department shall, upon receiving notice of violation of administrative law enforcement departments of the construction planning found that the date of 7th in the certificate of the illegal construction planning, urban management, and served on the Executive of the law enforcement agencies.
    City Administration certificate of construction planning departments shall, in accordance with the law to make the decision on administrative penalty. 30th city management administrative law enforcement departments investigated violations of municipal, environmental protection, urban greening, Regulation Act, restitution or compensation involved, shall notify the relevant department within 24 hours.
    After receipt of the notice, and shall timely dispatched officers to arrive at the scene with law enforcement, and 5th in the opinion on the restitution or compensation, and served on the Municipal Administration Department.
    City Administration departments should assist departments in implementing the restitution or compensation advice.
    31st city in the course of administrative law enforcement in urban management enforcement violations found by other law enforcement departments investigated and dealt with according to law, shall be informed in a timely manner or transferred to the relevant law enforcement agency.
    32nd, urban management, public security departments should closely cooperate with law enforcement administrative law enforcement departments, to hinder urban administration personnel perform their duties according to law, should be dealt with according to law in a timely manner.
    Municipal Police Department security agencies should be with the city administration of urban management enforcement by law enforcement agencies, maintaining law and order.
    The fifth chapter 33rd supervisory law enforcement supervision departments, the legal work of the Government departments should strengthen the relatively centralized administrative punishment right in urban management supervision and inspection of the implementation, acceptance, handling administrative complaints in a timely manner.
    34th city management in the course of administrative law enforcement departments of administrative law enforcement, illegal use has been found related Department power of relatively concentrated administrative punishment, or not to assist, can direct the Department to correct it, may also petition the Government legal departments at the same level in accordance with these measures urging the Department to remedy the situation.
    Relevant departments in the course of administration, found that city management administrative law enforcement department illegal exercise of authority, whether or not to assist, you can directly ask the Municipal Administration Department to correct, or request the Legal Affairs Department of the municipal government, in accordance with the approach urged the sector to remedy the situation.
    35th Legislative Affairs Department of the municipal government, city administration and law enforcement personnel, found in violation of these regulations set forth in 14th to 23rd, shall promptly make a written decision of the administrative law enforcement supervision, push its deadline to correct.
    36th Government Legislative Affairs Department found that municipal administration Department and related departments of a violation of article 24th of this approach to the 32nd article should be made to the departments at the same level in a timely manner to the notice of administrative law enforcement supervision, push its deadline to fulfil.
    37th city management administrative law enforcement departments should establish an internal oversight system, strengthen supervision and administration of administrative law-enforcement and law-enforcement officials, illegal exercise of administrative law-enforcement agencies, law enforcement officials and other relevant persons shall be promptly disposed of.
    Article 38th of citizens, legal persons or other organizations, city administration and law enforcement personnel, found illegal exercise of authority has the right to monitor departments and government legal departments prosecution, charges, received a report, departments shall promptly verify the handling of the complaint.
    39th citizen, legal person or other organization, administrative law enforcement departments of the city administration, considered violations of the legitimate rights and interests of a specific administrative act, may apply for administrative reconsideration or bring an administrative suit.
    The sixth chapter, city administration, accountability for the 40th sector or related sectors, did not carry out coordination responsibilities in accordance with these measures have a greater impact, or refusal to implement the legal work of the Government departments of the written decision of administrative law enforcement supervision and the notice of administrative law enforcement supervision, legal work of the Government departments can be presented to the responsible personnel accountability recommendations dealt with by the supervision departments at the same level. 41st article city city management administrative law enforcement sector or related sector of law enforcement personnel has violation this approach 14th article to 32nd article provides behavior of, government legal work sector can according to its plot weight, temporarily buckle or revoked its law enforcement documents, and can to its where sector proposed out law enforcement post of views; plot serious, caused major effect or loss of, municipal government legal work sector should proposed on related responsibility personnel held responsibility of recommends, by sibling monitored sector processing; constitute crime of,
    Investigated for criminal responsibility according to law.
    42nd city management administrative law enforcement department illegal exercise of authority, violations of the legitimate rights and interests of citizens, legal persons or other organizations for damage caused should be compensated according to law.
    Seventh chapter supplementary articles article 43rd in this way about "5th", "7th" requirement refers to working days, excluding holidays.
    44th, Jiangyin, Yixing city management power of relatively concentrated administrative punishment system, in accordance with the measures implemented. 45th these measures shall come into force on August 15, 2007.
                                                      On July 23, 2003, Wuxi city administration promulgated by the Wuxi municipal people's Government abrogated the trial measures for the power of relatively concentrated administrative punishment.

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