Key Benefits:
(Adopted by the 57th Standing Committee of the People's Government of the fertilities of 22 July 2005 No. 117 of 1 September 2005 by Order No. 117 of the People's Government of the fertilization on 31 October 2005) Chapter I General In order to strengthen urban management and enhance the effectiveness of administrative enforcement in urban management, this approach is based on the National People's Republic of China's Administrative Punishment Act and the State Department's decision to further advance the relatively centralized process of administrative sanctions, as well as the provisions of relevant laws, regulations and regulations. Article II applies to the implementation of the right to administrative penalties that are relatively concentrated in urban management within the city area. Article III is the executive branch of urban administration (hereinafter referred to as the law enforcement authority) for urban management. Relevant administrations such as urban congestion, planning, construction, environmental protection, parking, business, public safety and municipalities should be aligned with the Executive Directorate's implementation of the right to administrative punishment. Article IV. The Urban Law Enforcement Bureau has led the administration of administrative law throughout the city, organizes, coordinates and oversees the implementation of administrative law enforcement in urban management throughout the city, and organizes training, appraisals and awards for urban administration law enforcement officials. The Regional Law Enforcement Authority exercises the right to regulate administrative penalties in a relatively concentrated urban area within its jurisdiction. The executive branch of the Department of Urban Management, which is entrusted by the Department of National Law Enforcement, has exercised administrative penalties for urban management in their respective regions with a relatively concentrated urban administration within their respective regions, has been delegated by the Public Law Enforcement Service. Article 5 Public security authorities should perform their duties in accordance with the law and promptly investigate violations of the law on violence in the administration of justice in urban areas and impede the enforcement of public services. Article 6. Civil, legal and other organizations should actively support the executive branch in carrying out its official duties and have the right to stop and prosecute violations of urban management. Chapter II Article 7 focuses on the administration of administrative penalties in the following cities: (i) The right to administrative punishment under the laws, regulations, regulations and regulations governing urban and sanitation management, and the forced removal of buildings or facilities that are incompatible with urban profiling standards, sanitation standards; (ii) The right to administrative sanctions under the laws, regulations and regulations governing urban planning management; (iii) The right to administrative sanctions under urban green management laws, regulations and regulations; (iv) The right to administrative sanctions under the laws, regulations and regulations governing municipal administration; (v) The right to administrative penalties for open and recreation sites under the laws, regulations, regulations and regulations governing the management of environmental protection; (vi) The right to administrative punishment for the flow of unspeakable traders under the laws, regulations and regulations governing the administration of business; (vii) The right to administrative punishment for the intrusion of urban roads (without the use of motor vehicles) under the laws, regulations and regulations governing the management of public safety transport; (viii) The Government of the province decides on the other administrative penalties adjusted. Article 8. After the relative concentration of administrative penalties, the executive branch shall not exercise the administrative penalties that have been exercised by the law enforcement authorities; continue to exercise its authority, the administrative penalties imposed are null and void and assume the corresponding legal responsibility. The executive branch should perform its duties strictly in accordance with the provisions of laws, regulations, regulations and regulations, and be able to manage the day-to-day work. Chapter III Enforcement procedures Article 9 Law enforcement officers should be in the process of carrying out their official duties by bringing together a unified law enforcement mark and presenting administrative law enforcement documents for the reunification of nuclear launches by the Government of the province. Law enforcement officials do not produce law enforcement documents or are not justified by law, and the parties have the right to refuse the punishment and may report to the law enforcement authorities or the relevant authorities. Article 10 shall establish a system of reporting of offences and shall be confidential to the reporting person. Violations reported to citizens, legal persons or other organizations, within the scope of their duties, the law enforcement authorities should be promptly checked and, beyond the scope of their duties, the law enforcement authorities should be transferred to the relevant management in a timely manner. The law enforcement office should inform the reporting person of the investigation or the transfer. Article 11. The following measures may be taken by the Law Enforcement Agency when performing its functions: (i) Access to inspection units or on-site inspections pursuant to laws, regulations or regulations; (ii) To receive, receive or replicate information relating to violations in accordance with the law; (iii) The information on evidence obtained by law; (iv) To deduct the tools and goods involved in the offence under the law; (v) The removal of illegal buildings, constructions and other facilities by law; (vi) Other measures under laws, regulations and regulations. Article 12 In implementing administrative penalties, the law enforcement authorities should be responsible for the change of the parties or the relocation of the deadlines to the offence. A minor and timely remedy of the circumstances of the violation does not result in the consequences of the harm and shall not be subject to administrative sanctions. The law enforcement authorities should apply a maximum amount of administrative penalties, without consolidating or repeating fines, in the case of an act committed by the parties in breach of the provisions of the two laws, regulations and regulations. Before deciding on administrative penalties, the law enforcement authorities should inform the parties of the fact, reason, basis and the rights of the parties under the law. The Directorate of Law Enforcement and its staff should be heard by the parties and the defence. The facts, rationales and evidence presented by the parties should be reviewed; the facts, grounds or evidence raised by the parties should be adopted and the penalties should not be aggravated by the parties' argument. Article 14. In addition to the administrative penalties that may be imposed by the former provision, other administrative penalties imposed by the Law enforcement authorities should be fully, objective and impartially investigated and taken into account. Surveys, evidence-based closures, a review of the findings by the law enforcement authorities, which should be subject to administrative sanctions, and executive sanctions decisions are taken by the head of the law enforcement office. More administrative penalties should be imposed for complex or significant violations, and the executive heads should discuss decisions collectively. The law enforcement authorities should inform the parties of the right to require hearing; the parties request a hearing; the law enforcement authorities should organize a hearing. Article 16, when implementing administrative penalties, shall be used by the Office of the Enforcement of the Financial Services for the purpose of harmonizing the seizure of confiscated funds; fines, forfeiture of proceeds of an offence or forfeiture of the proceeds of an unlawful property auction shall be fully donated. Article 17, when the law enforcement authorities impose enforcement measures under the law, must comply with the following provisions: (i) The notice to the parties; (ii) A list of names, types, specifications, quantity and degree of integrity shall be produced when the suspension is carried out, and shall be signed by the host and the party. The list is carried out by the executive branch and the parties; (iii) The suspension shall not exceed one month. Article 18 of the law requires the forced removal of buildings, constructions and facilities by law, and the law enforcement authorities should send a deadline for demolition decisions to the parties; the parties have lately refused to comply with the decision to dismantle the illegal buildings and have been dismantled by the territorial Government. Prior to the forced removal of illegal buildings, the people of the region should issue a notice. With regard to the construction of buildings, constructions and constructions that prevent public safety, public health, urban transport and urban polarization, the law enforcement authorities should be responsible for the immediate cessation of construction and the removal of deadlines. The parties refused to stop the construction or to refuse to dismantle it within the deadline, and the law enforcement authorities could force the demolition. Chapter IV Coherence and coordination Article 19 should be closely coordinated and structured in cooperation with the law enforcement authorities. Article 20 concerning cases of violations detected by the administrative authorities in the daily supervision of inspections should be transferred to the law enforcement authorities; the law enforcement authorities should conduct their investigations in a timely manner after receipt of the written material and inform the relevant departments in writing of the findings. Article 21, concerning the exercise by the executive branch of administrative authorizations for urban management under the law, shall be sent to the Authority for three working days after the issuance of the administrative licence document. The Executive Directorate may seek advice from the relevant administration before deciding on significant administrative penalties for violations. Following the significant administrative penalties decision of the Directorate, administrative sanctions decisions should be taken within three working days, in accordance with the type of case, to the relevant departments and to report back to the Government's rule of law sector. The administrative authorities have found that the administrative penalties imposed by the law enforcement authorities determine violations or inappropriateness, and the feedback should be given to the law enforcement authorities within three working days. Article 23 of the law enforcement bureau's investigation cases, technical recognition of the need for an offence, should be brought to the relevant administrative or professional accreditation bodies; and the relevant authorities and institutions should conduct technical identification within three working days or within the statutory time frame and in writing to the law enforcement authorities. In the course of implementing administrative penalties, the law enforcement authorities found that the offender should pay compensation, compensation or restitution of the original status quo, and should inform the relevant administration and make reparations, reparations and orders to restore the status quo. The sectors that have been notified should make reparations, reparations or orders for restitution within 10 working days. The laws, regulations, regulations and regulations provide for their provisions. The law enforcement authorities should inform the relevant administration without notice that the liability of the offender should be borne by the law enforcement authorities. Article 25 of the law enforcement bureau's investigation cases require that the parties be responsible for bringing the relevant procedures into line with the relevant administration, and that, prior to the administrative sanctions decision, the views of the administration should be sought. The executive branch shall, after having received a notification from the law enforcement office for advice, make observations within 10 working days; the late absence of an opinion shall be considered to be in agreement with the parties. Article 26 Enforcement authorities are required to implement mandatory measures in accordance with the law, and the authorities need to cooperate in urban management and should inform each other and act together. Chapter V Enforcement oversight Article 27 imposes administrative penalties and shall be subject to the supervision of the Government's rule of law. District law enforcement authorities apply cases of violations of the general procedures, which should be reported to the municipal law enforcement office on 15 days after the administrative sanctions decision. The municipal law enforcement authorities have found that district law enforcement authorities should have no investigation of the offence and should be responsible for its investigation; they have found that the administrative penalties of the district law enforcement authorities are unlawful or inappropriate and should be responsible for redress and accountability under the law. Article 28 of the decision of the parties to administrative penalties imposed by the District Law Enforcement Authority may apply for administrative review by law to the people of the region or to the municipal law enforcement authorities; The parties' decisions on administrative penalties are not uniform or can bring administrative proceedings directly to the People's Court. Article 29, the Municipal and District Enforcement Bureau should introduce administrative law enforcement responsibilities and a review of the appraisal system, establish a unified training for sound administrative law enforcement officials, harmonize the appraisal and rotational communication system, and uphold strict law enforcement, executive justice and civilized law enforcement. Article 33 Law enforcement activities by law enforcement agencies and their law enforcement officials should be conscious of social oversight. Any unit or individual has the right to report to the law enforcement office or to the relevant authorities on the offences committed by administrative law enforcement officials in urban administration, and the law enforcement authority or the relevant authorities shall be promptly checked as required. Chapter VI Legal responsibility Article 31, in one of the following cases, provides administrative disposal in accordance with the law to the competent and other responsible persons directly responsible for the administration of justice: (i) There is no statutory basis for administrative sanctions; (ii) To change the types of administrative penalties and the range of sanctions; (iii) Violations of statutory administrative penalties procedures; (iv) Contain, private or transcend private fines, proceeds of confiscation or illegal property. In the case of former paragraph (iv), the financial sector, or the relevant sector, was seized and constituted a crime and criminal liability under the law. Article 32, in one of the following cases, provides administrative disposal to urban administrative law enforcement officials; constitutes an offence and criminal liability under the law: (i) To request or receive the property of another person and to receive a fine; (ii) Believing and punishing violations that should be stopped and punished, causing the legitimate rights, public interest and social order of citizens, legal persons or other organizations to be harmed. Chapter VII Article 33 of this approach is implemented effective 31 October 2005. |
