Advanced Search

Implementation Of Urban Management, Shantou Shantou City Government Proposal To Amend The Provisions On The Power Of Relatively Concentrated Administrative Punishment Decision

Original Language Title: 汕头市人民政府关于修改《汕头市实施城市管理相对集中行政处罚权规定》的决定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Act dated 16 August 2007 from the date of publication No. 93 of the Order of the Royal Government of the People)

The Government of the city has decided to amend the following provisions for the implementation of the provisions of the right to administrative punishment relative to the concentration of urban administration in the first city:
Delete article 9, subparagraph (vi).
This decision is implemented since the date of publication.
The implementation of the provisions on urban management relative to the concentration of administrative penalties in the first city has been re-published in accordance with this decision and adjusted the terms.

Annex: Implementation of the provisions of the right of urban management to be relatively concentrated in administrative penalties (amended in 2007))
(Act No. 65 of 5 September 2002 of the Government of the Challenge of the First Municipalities, issued amendments to the Decision of the Government of the Challenge of 16 August 2007 to amend the implementation of the provisions of the Convention on the Privileges and Immunities of Urban Administration in the first city of the year)
Chapter I General
Article I, in order to strengthen urban management, preserve urban landscapes and order, identify specific elements of administrative law enforcement in urban management, improve the level and efficiency of administrative enforcement in urban management, develop this provision in line with the National People's Republic of China's Administrative Punishment Act, the Office of the Rule of Law of the State Department of State, the correspondence of the Office of the Department of Economic and Social Affairs on the implementation of the relatively centralized administrative penalties pilots and the relevant laws, regulations and regulations.
Article 2 provides for the application of this provision in relation to urban management activities that are relatively concentrated in administrative penalties within this city area.
(Ontnotes: this is the last half of the word, with the subsistance of stones, and the relevant laws, regulations, regulations and regulations apply to the throneous poles.
Article 3 states that “The right to urban management is relatively concentrated in the administration of administrative penalties” as defined in the National People's Republic of China's Administrative Punishment Act, with the approval of the State Department, the Government of the Republic of China, the executive branch of the urban administration of the city, in accordance with the relevant laws, regulations, regulations and present provisions, is relatively centralized in the exercise of the administrative penalties of urban management.
Article IV is the Administrative Enforcement Bureau of Urban Management (hereinafter referred to as the municipal administration law enforcement sector), which is the administrative law enforcement branch of the urban people's government that is relatively concentrated in the exercise of the urban administration's administrative penalties, and is responsible for the management, guidance, coordination and implementation of organizations that are responsible for urban management in the context of a pilot process of central administrative sanctions.
The Urban Administration Administration Administration Authority (hereinafter referred to as the Administrative Law Enforcement Department of the Region) is the administrative law enforcement branch of the People's Government of this region, which is responsible for the administration of urban management in the Territory's relatively centralized administrative penalties.
The municipalities, district administrative law enforcement authorities may entrust their immediate administrative units established by law or dispatch agencies to conduct administrative enforcement activities in urban management.
Article 5 imposes a unified command, unified movement control and sub-sector management by the law enforcement forces that are relatively concentrated in the exercise of the urban administration.
Article 6. The executive authorities, such as urban management, shall not continue to exercise their centralized administrative penalties after relatively concentrated administrative penalties; administrative penalties are still in place.
Article 7. Governments and relevant administrative authorities at all levels should support and complement the pilot work of urban management that is relatively focused on administrative penalties.
Article 8. The executive law enforcement branch and its law enforcement officials should perform their duties seriously and exercise administrative sanctions under the law, regulations, regulations and regulations, impartial law enforcement, civilization enforcement, adherence to professional ethics and self-sensitization.
Law enforcement officials are protected by law and any unit or individual may not interfere unlawfully.
Chapter II
Article 9
(i) In the area of sanitation management, the exercise of the administrative penalties imposed by the authorities of the city of Grand province, as set out in the State Department's Urban Town and Sanitation Management Regulations, the Urban Proclamation and Sanitation Management Regulations, the Ministry of Construction of the Ministry of Urbanization and Sanitation, and the Regulations on the Urbanization and Sanitation Management of the Economic Zone of the Province of El-East Province. The forced removal of buildings or facilities that are incompatible with urban profiling standards.
(ii) In urban planning management, the exercise of the administrative penalties imposed by the urban planning authorities of the People's Republic of China's Urban Planning Act, the scheme for the implementation of the National People's Republic of China's Urban Planning Act, the Urban Planning Regulations of the Economic Zone.
(iii) In urban greening management, the exercise of the executive sanctions authority exercised by the urban parking greener administrative authorities in accordance with the provisions of the State Department's Urban Greenization Regulations, the economic zone of the owners, etc.
(iv) In urban management, the exercise of the administrative penalties imposed by the State Department's Urban Road Management Regulations, the implementation of the Urban Road Management Regulations in the first economic zone, etc.
(v) In the area of business administration, the exercise of the administrative penalties imposed by the State Department of State's Interim Regulations on the Management of Individuals and Commerce of Rural and Rural Business, the National Chamber of Commerce and Industry, and the Rules for the Implementation of the Provisional Regulations on the Management of Individuals and Business Deptants of Rural and Rural Workers is governed by the executive authorities of the business administration.
(vi) In the management of transport, the exercise of the right to administrative sanctions imposed by the authorities of the transport administration against jeopardists and cargo trucks.
Article 10. The administrative law enforcement authorities decide on administrative penalties based on the relevant laws, regulations, regulations and regulations, and should be clear, the evidence is clear and the penalties are appropriate and the procedures are lawful.
Article 11. The administration of justice should organize awareness-raising and education on urban administration laws, regulations, regulations, regulations, regulations, and regulations, and, in accordance with the state of urban administration, conduct inspections of compliance with urban administration laws, regulations, regulations and regulations, strengthen day-to-day regulation, identify violations should be promptly stopped, corrected and educated or sanctioned by law.
Article 12 Administrative enforcement should be accompanied by corrective actions. The damage caused to States, groups and others by the offence shall not be exempted from their civil liability by administrative sanctions.
Chapter III Enforcement procedures
Article 13 requires that law enforcement officials carry out their official duties in order to harmonize and mark the law enforcement mark; not less than two persons may be found in the commission of an offence and to present an administrative law enforcement certificate of the Government.
Article 14. Administrative law enforcement and its law enforcement officials shall impose administrative penalties in accordance with the procedures set out in the National People's Republic of China Administrative Punishment Act.
Article 15 Administrative law enforcement authorities impose a fine of up to $50 for natural persons, for legal persons or other organizations, or for administrative penalties which may be imposed by law, and administrative sanctions decisions are taken on the ground. Of these, it is difficult to enforce by providing a fine of up to 20 dollars under the law or when the fine is collected, and law enforcement officials may receive a fine.
In addition to the administrative penalties that can be imposed by the former provision, other administrative sanctions imposed by the administrative law enforcement authorities must be fully, objective and impartially investigated and taken into account. In the end of the investigation, the head of the administrative law enforcement department should review the findings and impose administrative penalties on the perpetrators, and should make a penal decision to impose a sanctions decision.
Article 16 imposes the following administrative penalties or coercive measures by the executive law enforcement authorities, which must be taken together to discuss decisions and to report back to the rule of law sector of the same people's Government:
(i) The suspension of the work;
(ii) Removal of licences or licences;
(iii) A fine of more than 1,000 dollars for individuals and a fine of more than $3000 for legal or other organizations;
(iv) Forfeiture of more than 3,000 dollars of proceeds of illicit terrorism;
(v) The forced removal of the area over 60 square meters;
(vi) Other circumstances are complex or subject to greater administrative penalties.
The administrative law enforcement authorities in these areas impose fines or confiscate administrative penalties for more than 100,000 dollars of the proceeds of unlawfulness, and impose administrative coercive measures for the removal of area over 100 square meters, which should be approved by the municipal administration.
Article 17 cases where the administrative law enforcement authorities apply general procedures should take administrative decisions within 15 working days of the date of the discovery; complex circumstances or the legal application of hearings proceedings, with the approval of the executive law enforcement authorities, may extend an appropriate period of time, up to 30 days.
Article 18
The list should contain matters such as the name, specifications, number, unit and degree of success, which shall be verified by law enforcement officials and parties. Two of the lists were carried out by executive law enforcement authorities and parties.
The parties refuse to sign or resign chapter, which must be referred to by two or more law enforcement officials and signed or resigned, and then returned to the administrative law enforcement authorities for the confiscation, seizure or prior registration of the property and the checklist.
Article 19 Periods of seizure and seizure of administrative law enforcement authorities shall not exceed 30 days. The special situation was approved by the municipal executive branch responsible for the extension of 30 days. The pre-registration preserve shall be made within seven working days. The property that is not disposed of within the prescribed period shall be returned to the parties by the seizure, seizure or prior registration. The loss of the property shall be compensated by law.
Article 20 shall inform the parties of the right to require a hearing; the parties request a hearing, the administrative law enforcement authorities shall organize hearings in accordance with the relevant provisions of the State and the province.
Article 21, in conjunction with a number of laws, regulations and regulations, the parties shall be punished with fines and the administrative law enforcement authorities shall not be subject to repeated fines in accordance with one of the most heavy provisions.
Article 22 provides for the collection of fines by the administrative law enforcement authorities and their law enforcement officers at the time of the seizure, and must be accompanied by a uniformed payment of fines from the municipal financial sector. Unless a fine is collected by a uniform system of municipal finances, the parties have the right to refuse payment of the fine.
Article 23. The penalty collected by law enforcement officials should be transferred within two working days of the date of the collection of the fine to the administrative law enforcement branch; the administrative law enforcement branch should pay a fine within two working days.
Other provisions of chapter IV
Article 24 requires technical recognition or assistance in the administration of justice, and the relevant administrative authorities should help.
Following administrative sanctions by the administrative law enforcement authorities, the relevant administrative authorities are required to assist them.
Article 25 relating to administrative authorities shall be sent regularly to the administrative law enforcement branch in connection with administrative approval, licence matters relating to the relative concentration of administrative penalties.
The administrative penalties determined by law by the administrative law enforcement authorities shall be communicated regularly to the relevant administrative authorities in accordance with the type of case.
Article 26 concerning administrative authorities in their daily administration and supervision efforts to detect or consider the need for law enforcement inspections or administrative sanctions should be brought to the administrative law enforcement authorities.
The administrative law enforcement authorities should inform the relevant administrative authorities within three working days of the date of the decision.
Article 27, when administrative law enforcement authorities carry out law enforcement inspections and administrative sanctions, found issues relating to the law, inappropriate approval or non-performance of the statutory responsibilities of administrative authorities, which should be submitted in writing to the relevant administrative authorities or brought to the same level of people's Government to remedy them.
In the course of administration, the administrative authorities found that the administrative law enforcement authorities had criminal, inappropriate administrative penalties, went beyond their mandates or did not fulfil their statutory responsibilities, and that written proposals should be made to the administrative law enforcement authorities or brought to the same level of Government.
Article 28 of the dispute between the executive and the relevant administrative authorities regarding the relatively centralized right to administrative punishment should be resolved in consultation; the consultations were not exhaustive and brought to the same level of people's Government to be addressed in coordination; the coordination was undesirable and decided by the Government of the city.
Article 29 should establish a system of reporting of offences and confidential the reporting person.
Article 33 is incompatible with the specific administrative actions of the executive branch of the district, which may apply for administrative review by law to the same-ranking people's Government or the municipal administration law enforcement authorities, or to the People's Court of Justice, and the specific administrative actions taken by the municipal administration law enforcement authorities may be brought to the city's people in accordance with the law to apply for administrative review or to the People's Court.
The administrative law enforcement authorities that impose penalties may apply to the People's Court in accordance with the law.
Article 31 rejects, impedes the administration of justice and its law enforcement officials to carry out their official duties in accordance with the provisions of the administration of justice, punishes the public security sector in accordance with the Regulations on the Safety and Security of the People's Republic of China; and criminalizes criminal responsibility by law.
Article 32, law enforcement officials, acting in law enforcement, favour private fraud, play negligence, abuse of their functions, are subject to administrative disposition by their units or the relevant departments; constitutes a crime and hold criminal responsibility under the law.
Article 33