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

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(August 16, 2007 Government of Shantou announced come into force on the date of promulgation, 93rd), Shantou municipal people's Government decided to implement provisions on the relatively centralized administrative punishment right in urban management as follows: by deleting the Nineth part (vi).
    This decision shall come into force as of the date of.

    The Shantou urban management regulations on the power of relatively concentrated administrative punishment in accordance with this decision and be modified and adjusted to the articles republished. Attached: Shantou implementation city management relative concentrated administrative punishment right provides (2007 amendment this) (on September 5, 2002 Shantou Government 65th, makes released according to on August 16, 2007 Shantou Government on modified straddling Shantou implementation city management relative concentrated administrative punishment right provides of decided Amendment) first chapter General first article for strengthening city management, maintenance city looks and order, clear city management administrative law enforcement of specific content, improve city management administrative law enforcement level and efficiency
    According to the People's Republic of China Law on administrative punishment, Shantou city, in Guangdong Province, the Legislative Affairs Office of the State Council agreement on pilot work of relative-centralized administrative punishment right reply and related laws and regulations, combined with the city's actual, these provisions are formulated.
    Second, within the city limits, in the relative-centralized administrative punishment right for urban management activities, these provisions shall apply.
    (Editor's Note: the upper part of the word top to sleep, the bottom stone) rock scenic area provisions of their relevant laws, regulations and rules shall apply.
    Provisions of this article called "relatively centralized administrative punishment right in urban management" is defined as the People's Republic of China administrative penalty provisions of the Act, approved by the State Council and the provincial government, managed by municipal and district people's Government administrative departments in accordance with relevant laws, decrees, regulations and rules, relatively centralized exercise of administrative punishment right for urban management part of the.
    The fourth City urban administrative enforcement Bureau (hereinafter administrative departments), is the municipal power of relatively concentrated administrative punishment in the city's administrative law-enforcement departments, responsible for pilot work of relatively centralized administrative punishment right in urban management organizations manage, direct, coordinate and organize the implementation of this provision.
    District Bureau of city administration (hereinafter referred to as district administrative law enforcement departments) is the relative concentration of district people's Government exercise of administrative law-enforcement departments of administrative punishment right for urban management, responsible for the area of relatively centralized administrative punishment right in urban management and law enforcement.
    Municipal and district administrative enforcement authorities can delegate its legally established directly under the administrative units or agencies engaged in city administration activities.
    Fifth, the exercise relatively centralized administrative punishment right for urban management enforcement team unified command, unified dispatch, hierarchical management.
    After the sixth relatively concentrated administrative punishment right for urban management, sports, sanitation, planning, city planning, landscape architecture, industry and commerce, public security and traffic, transportation and other competent administrative departments shall not continue to exercise centralized administrative punishment right; still, the administrative decision is invalid.
    VII Administrative Department of people's Governments at all levels and the departments concerned should support and relative-centralized administrative punishment right in urban management pilot project.
    Article eighth administrative law enforcement and law enforcement personnel should perform their duties, in accordance with the laws, rules and regulations administrative punishment according to the law, fair, and civilized law enforcement, abide by professional ethics, and consciously accept the supervision.
    Law enforcement personnel performing official business according to law are protected by law and no unit or individual may illegally interfere. Second chapter duties and permission Nineth article city, and district administrative law enforcement sector by following provides, concentrated exercise city management administrative punishment right: (a) city sanitation management aspects, exercise State City City and sanitation management Ordinance, and construction city looks standard, and Guangdong Province city garbage management Ordinance, and Guangdong Province special economic zone city city and sanitation management provides, and Guangdong Province city city and sanitation management provides Provided by the city and environmental health administrative departments in the exercise of administrative punishment.
    Torn did not meet city appearance standards, sanitation standards in buildings or facilities.
    (B) urban planning management, the exercise of the People's Republic of China city planning law of Guangdong Province, and the implementation of People's Republic of China Law of urban planning approaches and the Shantou special economic zone provisions of the Town Planning Ordinance by the Administrative Department of administrative punishment right in urban planning.
    (C) urban green management, exercise of the State Council that the city Ordinance, the Shantou special economic zone, implementation of urban greening and other provisions of the Ordinance means the Department of urban landscaping administration of administrative punishment right.
    (D) urban management, the State Council regulations on the administration of urban roads, the Shantou special economic zone, implementation of urban road Management Ordinance and other provisions of the municipal administrative departments shall exercise the power of administrative penalty.
    (E) the administration of industry and commerce, State Council provisional regulations on the management of urban and rural individual industrial and commercial households, the National Bureau of the implementing rules of interim regulations on the management of urban and rural individual industrial and commercial households, exercised by the Administrative Department for industry and commerce under the management of administrative punishment right of the unlicensed vendors.
    (Vi) transportation management, laws and regulations, regulations by traffic administration departments exercised on illegal human three-wheeled passenger and truck-loads of administrative punishment.
    Tenth administrative law enforcement departments pursuant to the relevant laws, rules and regulations of administrative punishment decision should clearly shortchanged punishment appropriate procedure.
    11th administrative law enforcement departments should organize its work on urban management laws, regulations, regulatory advocacy, education, according to the city administration, administrative relative person to comply with the city law, rules and regulations for inspection, strengthen daily supervision, found that illegal acts should be promptly stopped, correction and education, or shall be given administrative punishment. 12th administrative departments administrative penalties should be at the same time to correct violations.
    Damage caused to the State, collectives and individuals for violations committed shall not be exempt from civil liability of administrative punishment.
    Chapter law enforcement program 13th law enforcement officer in the execution of their duties must be uniform, wearing law enforcement symbols; investigate and punish offences shall be not less than two, and must produce a certificate of administrative law enforcement of the Guangdong provincial people's Government.
    14th administrative law enforcement and its law enforcement officers shall, in accordance with the People's Republic of China impose administrative penalty procedure under the law on administrative punishment. 15th administrative law enforcement departments below 50 Yuan for natural persons, legal persons or other organizations punishable by administrative penalties fines less than 1000 Yuan or given a warning, it may apply summary procedure, administrative penalty made on the spot decisions.
    Among them, shall be subject to less than 20 Yuan fine or does not collect fines on the spot is difficult to enforce, enforcement officers to collect fines on the spot. Except as provided in the preceding paragraph may be made on the spot by administrative penalties, administrative law-enforcement departments to implement other administrative punishments must be comprehensive, objective and impartial investigation and evidence collection.
    End of the investigation, administrative law-enforcement departments should review the findings, should indeed be given administrative punishment, it shall make a decision, issued a written decision.
    16th article administrative law enforcement sector made following administrative punishment or forced measures of, must collective discussion decided, and reported sibling government legal sector record: (a) ordered discontinued closed of; (ii) revoked license or license of; (three) on personal fine 1000 Yuan above, on corporate or other organization fine 3000 Yuan above of; (four) confiscated illicitly acquired 3000 Yuan above of; (five) forced demolition area in 60 square meters above of; (six) other plot complex or made more heavy of administrative punishment of.
    District administrative law enforcement departments to fines or confiscation of more than 10000 administrative penalty, the torn area of over 100 square meters and compulsory administrative measures, should be submitted to the municipal administrative law enforcement departments.
    17th administrative law enforcement general procedure cases, should be found make a decision of administrative handling within 15 working days; a complicated or hearing procedure shall be applied in accordance with law, approved by the heads of administrative departments, may extend the term, but not longer than 30th.
    18th administrative law enforcement departments in accordance with the party's property confiscation, seizure, arrest or the antecedent register decided, must be approved by the heads of administrative departments, and notify the parties in writing, and making lists. List shall include the name, size, quantity, unit, soundness and other matters, after verification by law enforcement officers and the parties sign or seal.
    Two copies of the list, by the administrative law-enforcement departments and the party holds one copy.
    The party refuses to sign or seal, the must consist of two names indicate the situation or more law enforcement personnel and signature or seal, and will be on confiscation, seizure or by list of effects and antecedent register to administrative law enforcement departments. 19th administrative law enforcement authorities sealed up, distrained shall not exceed a period of 30th. Special circumstances approved by the municipal administrative law enforcement departments can extend the 30th. Advanced registration and preservation, should make a decision within 7 working days. Not make a decision within the prescribed time limit, shall be sealed up, distrained or advanced registration and preservation of property returned by the party.
    Caused damage to the property, compensation shall be.
    20th administrative law-enforcement departments shall make an order to suspend and revoke licenses or licenses, its more than 1000 Yuan fine for individuals, the legal persons or other organizations to impose more than 50000 Yuan fines and other administrative penalties before a decision, it shall inform the parties have the right to request hearings; the parties to request a hearing, administrative enforcement hearing shall be in accordance with the relevant provisions of national and provincial organizations.
    Article 21st of the same illegal act violated a number of laws, rules and regulations, should be given fines, administrative law-enforcement departments carried out according to one of the heaviest item fines shall not be fined. 22nd administrative law-enforcement departments and law-enforcement officers to collect fines on the spot, must be issued to the parties, unified financial sector issued receipts and stamped with the seal of the administrative law enforcement departments.
    Do not issue Municipal Finance Department issued receipts, parties have the right to refuse to pay the fine.
    The 23rd law enforcement officials collect fines on the spot, shall be within 2 working days from the date on which the fines are handed to the law enforcement authorities; administrative departments shall, within 2 working days will be fined to pay the specified bank.
    Other provisions of article 24th of the fourth chapter administrative law enforcement departments in the administrative punishment in the process of needs identification or assist in the investigation, the relevant administrative departments should help.
    Administrative law-enforcement departments of administrative punishment, requires relevant administrative departments to assist in the implementation of, the Department concerned shall provide assistance.
    25th relevant administrative authorities should be associated with the power of relatively concentrated administrative punishment of administrative examination and approval, license, CC, administrative law-enforcement departments at the same level on a regular basis.
    Administrative law-enforcement departments shall make a decision of administrative penalty shall, in accordance with the types of cases regularly inform the relevant administrative departments.
    26th relevant administrative departments in the daily administration and supervision work, found or considered necessary by the inspection of law enforcement or administrative punishment, should be brought to the administrative law enforcement departments.
    Administrative law-enforcement departments shall make a decision within 3 working days from the date the results informed the relevant administrative departments.
    27th administrative law enforcement when carrying out enforcement checks and administrative penalties, and related administrative departments have found illegal and inappropriate issues such as approval or fails to perform the statutory duties shall be made to the relevant administrative departments to submit written proposals, or brought to the same level people's Governments to remedy the situation.
    Relevant administrative departments in the course of administration, administrative law enforcement departments have found illegal or improper administrative punishment beyond the terms of reference, or fails to perform the statutory duties and so on, should be written recommendations to the administrative law-enforcement departments, or brought to the same level people's Governments to remedy the situation.
    28th administrative enforcement authorities and relevant competent administrative departments on relative-centralized administrative punishment right disputes should be settled through consultation, drawing attention to solving the people's Government at the same level; coordination fails, by the municipal people's Government for decision.
    29th administrative law enforcement departments should set up offence reporting system, and the informer confidential.
    30th party specific to the district administrative law enforcement departments of administrative acts, according to law or municipal law enforcement agency of the Government at the same level for administrative reconsideration or initiate litigation to the people's Court; the specific administrative acts, administrative law-enforcement departments, can apply to the municipal administrative review or initiate litigation to the people's Court.
    Party fails to apply for administrative reconsideration, not sued, nor perform the penalty decision, made the decision of the administrative law enforcement authorities may apply to a court for mandatory enforcement according to law.
    31st denying, obstructing the administration of law enforcement departments and law-enforcement personnel performing official business according to law, violating public security regulations, by the Public Security Bureau in accordance with the People's Republic of China public security administration punishment regulations of punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 32nd engages law enforcement personnel in law enforcement activities, dereliction of duty and abuse of power, by their work units or departments, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
                              The 33rd article of the regulations come into force on October 8, 2002.