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Zibo City Trial Measures For The Management Of Relative-Centralized Administrative Punishment Right

Original Language Title: 淄博市城市管理相对集中行政处罚权试行办法

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(Act No. 39 of 30 December 2003 Order No. 39 of the Order of the People's Government of Bobo, which came into force on 1 February 2004)

Chapter I General
Article 1 strengthens urban management, regulates administrative law enforcement, enhances the efficiency of administrative law enforcement, protects the legitimate rights and interests of citizens, legal persons and other organizations, and develops this approach in line with the National People's Republic of China's Administrative Punishment Act and the relevant laws, regulations, regulations and regulations, as well as the Government of the people of the province of San Orientale province on the return of urban management to work relatively centralized administrative penalties.
Article 2: Urban management in the area of higher technology industrial development (hereinafter referred to as a new area) is applicable to urban management in a relatively concentrated administrative penalties scheme in the area of urban management.
The relative concentration of administrative penalties in urban planning management applies to urban planning areas.
Article 3. Municipal, regional (with high new zones, with the same) Administrative Enforcement Bureau (hereinafter referred to as the Law Enforcement Bureau) exercises the relatively centralized administrative penalties for urban management under the law.
The municipal administration of administrative law enforcement units, established by the municipal law enforcement authorities, as well as the regional urban administration executive branch, are entrusted by the municipal, district law enforcement authorities to entrust administrative enforcement.
Urban management police units, large teams are established in municipalities, districts, with the dual leadership of the same public security authorities and law enforcement authorities, leading the management system at the same level of public security agencies, and in collaboration with urban administration, to deal with humiliating, threatening or violent ways of impeding urban administration.
Article IV is responsible for the command, movement control, inspection, supervision, inspection and supervision of the entire city administration of the administrative law enforcement force, supervision of cross-sector or major administrative law enforcement cases, and guidance, coordination of specific governance efforts in the various areas.
Article 5. After the relative concentration of administrative penalties in urban management, the relevant authorities no longer exercise the administrative penalties exercised by the law enforcement authorities; the administrative penalties imposed are still exercised and the responsibility of the head and the person concerned is vested.
Article 6
Chapter II
Section I
Article 7. The municipal, district law enforcement authorities exercise administrative penalties under the laws, regulations, regulations and regulations governing the management of sanitation, and enforce the removal of buildings or facilities that are not in compliance with urban standards, sanitation standards.
Article 8 is one of the following acts and is punishable under the laws, regulations and regulations:
(i) In parallel with charging, incesting garbage, manure, waste, sewerage, inclamation, cigarette, glass (sed), paper and other packagings or inculation of animal bodies;
(ii) In transport, environmental pollution is not caused by the provision of accommodation, sealing or leakage of dispersal, waste and manure;
(iii) To refrain from providing for the identification of garbage, manure and poisoning;
(iv) No provision for the collection, clearance, dumping, storage, handling of garbage for the production of garbage, construction garbage;
(v) Inadequate implementation of the system of urban and sanitation responsibilities, such as “the first three kits”, cleaning and cleaning, or the absence of a prescribed time, quality of cleaning and cleaning water;
(vi) The occupants cannot maintain the surrounding sanitation;
(vii) Environmental pollution caused by watercourses, septic tanks;
(viii) Incineration of walks, drops or other wastes;
(ix) Waste containing, bacteria and radioactive substances, as well as other harmful wastes, are not dealt with in accordance with the provisions.
Article 9 is one of the following acts and is punishable by law, regulations and regulations:
(i) The unauthorized establishment of urban vehicle laundering sites;
(ii) The release of sewerage or cement from urban vehicle laundering sites;
(iii) The entry of livestock vehicles into urban areas, the non-approperation and cleaning tools, resulting in subsoils;
(iv) Oriental livestock.
Article 10 consists of one of the following acts, punishable by law, regulations and regulations:
(i) Construction at the main side of the city area, where there is no escorts, blocks and visible signs that affect the city's intake and sanitation;
(ii) Removal of the nature of the use of street homes, break-down of wall shops, sheltering houses, alterations;
(iii) Renovate and renovate the streets of the two main roads;
(iv) The positive wings of the street building, the Windows, the presence or suspension of public safety items that impede the city's tolerance and public safety;
(v) Releasing material on both sides of the streets and in public places, inclining buildings, constructions or other facilities that affect the city;
(vi) Recurrent construction, saving operations, sundry items, saving points or operating outside shops, repairs, washing vehicles;
(vii) Road buildings, constructions and public-use facilities are not in accordance with State-mandated urban landscape standards, sanitation standards.
Article 11.
(i) No provision for the establishment and maintenance of environmental sanitation;
(ii) The unauthorized removal of environmental sanitation facilities;
(iii) The occupation, damage to environmental sanitation and its subsidiary facilities or the unauthorized alteration of their use;
(iv) The removal of environmental sanitation facilities without approved demolition programmes;
(v) Urban toilets, which have been established independently, have not been experienced or have received non-qualified delivery.
Article 12 is one of the following acts and is punishable under the laws, regulations and regulations:
(i) The unauthorized placement of outdoor advertisements, markers, slots, Windowss, cartridges, e-speaks, negents, boxes, etc., affecting the city's intake;
(ii) Advertise, negligible, mark, sing windows, cartridges, electronic displays, light boxes, etc., text, lights show incompleteness, stigma, destruction and influence the city's interpretation;
(iii) The construction of urban sensitivities;
(iv) Urgently set up lots, celests, banners, batches and their temporary advertisements;
(v) No specified place, scope, length of time, lots, ripes and other cargo;
(vi) The illegal dissemination of advertisements by printers, which affect the city's appearance;
(vii) Incests, constructions, public facilities, power lines or trees, incests, incests, incests, walls, incests;
(viii) The owner or the owner of the property owner of public-use facilities, buildings, construction, trees and other facilities shall not be able to clean in a timely manner the breakdowns in their facilities, turmoils, walls.
Section II Urban planning
Article 13. Municipal and district law enforcement authorities exercise administrative penalties under urban planning.
Article 14.
(i) No construction-based planning licences, temporary construction of land-based planning licences, transfer of land and, notwithstanding the acquisition of a licence for the construction of a land-use planning licence or a temporary construction of a licence for the planning of the land;
(ii) The absence of a licence for construction of engineering planning, the construction of temporary construction engineering planning licences or the construction of a licence for construction engineering planning, the approval of the temporary construction engineering planning licence;
(iii) Building permanent buildings, constructions and other facilities on the approval of temporary land;
(iv) Interim construction was not dismantled.
Article 15 has one of the following acts, which are punishable by law, regulations and regulations:
(i) The absence of a licence for construction of engineering planning or the construction of road management lines as required by the construction of engineering planning licences, affecting the planning of road lines;
(ii) The main underground road line works are not subject to inspection by urban planning administrative authorities;
(iii) After the completion of the road pipeline project, the eligibility certificate for the construction of the construction of the completed construction project was not used;
(iv) After the completion of the road line works, the completion of the material was not reported within three months.
Article 16 is one of the following acts in the area of urban planning of historic cultural names, which is punishable by law, regulations and regulations:
(i) The construction unit does not obtain a licence for construction of engineering planning or is in contravention of the construction of a licence for engineering planning, affecting the protection planning of historical cultural names;
(ii) Design units are not designed as planning design requirements;
(iii) The construction unit has not been established in accordance with the provisions of the construction engineering planning licence;
(iv) Unauthorized changes in the nature of construction works;
(v) Damage or removal of traditional buildings, constructions, street areas identified for protection planning;
(vi) The occupation or destruction of the road for protection planning to determine protection, the green area and the lake water system.
Section III
Article 17 provides for administrative penalties under urban parks, green management laws, regulations and regulations.
Article 18 is one of the following acts, which are punishable by law, regulations and regulations:
(i) New construction, alteration, expansion of buildings, construction and other facilities within the urban green line;
(ii) Construction units do not build green areas according to the prescribed criteria;
(iii) Construction units do not complete greening works within the specified time frame;
(iv) The use of green areas without the approval of the temporary use of green areas, areas, time, without approval;
(v) The green area is not in accordance with the prescribed proportion;
(vi) The existing green area in units and residential areas, with the exception of the provision, should be greened;
(vii) To change the geospatial nature of urban greening planning or to destroy the terrain, landscape, water body, vegetation.
Article 19 consists of one of the following acts, punishable by law, regulations and regulations:
(i) Deforestation and relocation of trees in urban areas;
(ii) Deforestation, revegetation and destruction of archaeological trees;
(iii) Renovate trees.
Article 20 consists of one of the following acts, punishable by law, regulations and regulations:
(i) Explore, plumbing trees, indiscriminate fruits and trees;
(ii) Inclination, inclination and inclination;
(iii) Distinction of pits in urban green areas, dumping of garbage, discharge of sewage, mileage, severance, dried items, saving vehicles;
(iv) Advertise, commercial and service assessment points in urban green areas;
(v) Incineration of items or installation of hiding, vetting, etc., under the trees or in the lawn;
(vi) The use of trees to garbage or to destroy the trees.
Section IV
Article 21, Municipal and district law enforcement authorities exercise administrative penalties under municipal administration laws, regulations and regulations.
Article 22 states that:
(i) Urban roads are not experienced or are not eligible for delivery;
(ii) The construction of facilities, such as trajectory and trajectory, in line with urban roads.
Article 23 has one of the following acts, which are punishable under the laws, regulations and regulations:
(i) The pressure on urban bridges over four kilograms/top cm (0.4 gpa) and more than 10 kattrous electricity lines and other flammable explosive routes;
(ii) To accompany the urban bridges and the construction of facilities.
Article 24 consists of one of the following acts, punishable by law, regulations and regulations:
(i) Carrying out and piloting vehicles on the bridge, tunnels;
(ii) Exhumation of sands, extracts, composts and dumping of garbage within the scope of protection;
(iii) Expropriation of bridges and the use of bridges for various operations;
(iv) Accelerating and disruptive pictures in bridge facilities;
(v) Other damage, intrusion of facilities.
Article 25 consists of one of the following acts, punishable by law, regulations and regulations:
(i) The unauthorized occupation, the excavation of urban roads or the urgent renovation of the line under the urban road and the non-compliance with the prescribed time frame;
(ii) The unauthorized location, area, duration of occupation, excavation of urban roads or the unauthorized movement of sites, expansion of area, extension of time, or the approval of road leases for temporary occupation, transfer;
(iii) No marked marking and safe perimeter facilities were installed on the road construction sites in urban areas;
(iv) Removal of sites in a timely manner after the expiry of urban roads or the excavation of urban roads;
(v) The occupation of urban roads for the creation of trade markets, commercial networks and service networks.
Article 26 consists of one of the following acts, punishable by law, regulations and regulations:
(i) The unauthorized use of municipal facilities for the creation of advertisements and promotions;
(ii) To connect themselves to the road, line and urban roads and routes;
(iii) There is no delay in filling or rehabilitating the shortcomings of the various gates on the road of cities, boxes and urban road subsidiary facilities.
Article 27 consists of one of the following acts, punishable by law, regulations and regulations:
(i) At the beginning of the road;
(ii) Construction of a slope or installation of facilities such as the ladder between the vehicle and the human line;
(iii) Emission of sewage and other pollutant substances on the road;
(iv) Oriental changes or relocation of road subsidiary facilities;
(v) Other damage to urban road facilities.
Article 28 consists of one of the following acts, punishable by law, regulations and regulations:
(i) To inspect wells, fires in rainwater struggles and dumping of arables such as smoking;
(ii) Oriently take over at facilities such as inspection of wells, rainwater struggles and release of wastewater;
(iii) Extensive, congested, damaged, stolen wells, watershed drainage facilities;
(iv) Construction of construction blocks that hinder the functional functioning of drainage facilities and the safety of constructed materials;
(v) Harmonize rainwater and wastewater pipelines;
(vi) Other damage to drainage facilities.
Article 29 consists of one of the following acts, punishable by law, regulations and regulations:
(i) The construction, construction, buildings or tents in the area of protection of the facility;
(ii) The construction of buildings, constructions and storage items within the framework of urban drainage pipelines and facilities safety;
(iii) The release of sewage to urban drainage networks and other facilities, or the release of toxic, hazardous,flammable, prone, trajectory substances to urban drainage facilities;
(iv) Emissions of wastewater exceeding the standard cause pollution or damage to the urban drainage network pipeline.
Article 33 consists of one of the following acts, punishable by law, regulations and regulations:
(i) Obstacles such as dumping of garbage in rivers, river dams, drainage and residues;
(ii) Exhumation of sands, bulldozers and slots within the protection of the facility;
(iii) Theft, damage to the facility.
Article 31 consists of one of the following acts, punishable by law, regulations and regulations:
(i) Mobile, dismantled, modified lighting facilities or the use of road light sources;
(ii) Required mobile road lighting facilities for construction of works without authorization for movement;
(iii) The use of a road light line to operate;
(iv) The radio line, the communication line, the indoor lighting line and the installation of other electrical facilities in accordance with the lighting facilities;
(v) Conditions, post advertisements and publicity on the road light line;
(vi) Otherfts, damage to urban lighting facilities.
Section V Environmental protection
Article 32 governs the exercise of some of the administrative penalties stipulated in laws, regulations and regulations governing environmental protection.
Article 33 consists of one of the following acts, punishable by law, regulations and regulations:
(i) The construction units are in violation of the provisions of the construction operation that is prohibited in the area of sensitizing buildings, such as the communes of the city, therapeutic zones, the scientific literature, hospitals, and night (22:00 to 6) for the construction of buildings that produce environmental noise contamination;
(ii) The use of audio-visual broadcasters in the region of noise-sensitive buildings such as offices in urban areas, therapy, residential areas, scientific literature, hospitals;
(iii) To organize recreational and assembly activities in public places, such as streets, squares, parks, and to use audio-visual materials to disrupt the surrounding living environment;
(iv) Issuance of an environment that seriously interferes with the lives of the inhabitants in the family room;
(v) The use of high-profile broadcasters in business operations or other means of raising noise to clients, resulting in environmental noise contamination;
(vi) Cultural recreational places, the use of air conditioners in business operations, the refrigeration of equipment, facilities, etc., which produce environmental noise contamination, and their border noise exceeds the environmental noise emission standards established by the State, resulting in environmental noise contamination;
(vii) There are the above-mentioned violations, denial of on-site inspections or a misrepresentation at the time of inspection.
Article 34 states that:
(i) burning of alphate, oil crust, rubber, plastics, leathers and other substances producing toxic harmful dusts and malicious gases;
(ii) Acquired burning of substances resulting from smoking contamination, such as sand;
(iii) Secrete food burning in urban areas;
(iv) Unless effective measures have been taken by the operators of catering services, resulting in contamination of emissions of cigarettes, cigarettes and the habitat surrounding residents;
(v) There are the above-mentioned violations, denial of on-site inspections or a misrepresentation at the time of inspection.
Article 33 is one of the following acts, punishable by law, regulations and regulations:
(i) No anti-star measures are taken to store coal, coales, coal residues, coales, sandstones and blems;
(ii) Deforestation resulting in dust;
(iii) There are no more than 1.8 m perimeters in the vicinity of the construction site, the garbage of high-air sub-station buildings, the unavailability of garbage or water-borne measures;
(iv) Removal of garbage in construction, and vehicle loaded to the construction site;
(v) Conclusive use of on-site pyrethroids to prevent dust contamination;
(vi) There is no closed operation on the road, the construction of soils, the shipment of waste, the absence of measures such as spraying or garbage to prevent the contamination of dust;
(vii) Transport, loading or storage of toxic hazardous gases or powder substances for failure to take seal measures or other protective measures;
(viii) Emissions to water, dumping of industrial waste and urban garbage;
(ix) There are the above-mentioned violations, denial of on-site inspections or a misrepresentation at the time of inspection.
Section VI
Article XVI provides for the exercise of the laws, regulations, regulations and regulations relating to the administration of business by the municipality, the District Enforcement Agency, with no reference to a trader in public places such as roads, parks, square brackets and administrative penalties for the conduct of an incident where the provisions are intended to be assessed, and the seizure of a tool, equipment, raw materials, production (business) for the operation of a licensee may be sealed and seized.
Article 37 consists of one of the following acts, punishable by law, regulations and regulations:
(i) The operation of a licensee in public places such as urban roads, parks, squares;
(ii) The operation of unspeakable traders in public places such as urban roads, parks, squares, with a high scale and serious social hazards;
(iii) Unless traders operate in public places such as urban roads, parks, squares, which endanger human health, contain significant security shocks, threaten public safety and undermine environmental resources;
(iv) To take advantage of public places such as urban roads, parks, squares, and to take stock of points.
Section VII
Article 338, Regional Law Enforcement Authority exercises the right to administrative sanctions for the intrusion of roads under the laws, regulations and regulations governing the management of public safety.
Article 39 consists of one of the following acts, punishable by law, regulations and regulations:
(i) Urgently violating the provisions for the suspension of non-modile vehicles;
(ii) Oriental excavation of streets or the road of Hus;
(iii) The unauthorized use of the road to be assumed, the operation of the stores, the squatters, meals, the trade in the yardsticks affects vehicles and the movement of the people.
Chapter III Enforcement provisions and penalties procedures
Article 40 shall not be less than two persons in the exercise of their official duties by urban administrative law enforcement officials, shall be uniformed, the mark of law enforcement and the presentation of administrative law enforcement documents.
Law enforcement officials have a direct stake in the parties and should be avoided.
Article 40
(i) Access to inspection units or on-site investigations;
(ii) Access, referral or replication of information relating to inspection matters by the inspectorate;
(iii) The acquisition of evidence material through, inter alia, recording, photographing;
(iv) The seizure, seizure or registration of evidence against the tools, goods, documents and buildings, construction or facilities involved in the offence;
(v) Other mandates under laws, regulations and regulations.
Article 42, in law enforcement, shall be subject to the following provisions:
(i) A penalty of up to $50 for citizens and a fine of up to 1000 for legal persons or other organizations, or a warning of administrative penalties, may be taken by urban administrative law enforcement officers to complete their predetermined formats, numbers, plus the executive directory of the law enforcement office. Administrative penalties decisions should be delivered to the parties at the time. Of these, it is difficult to enforce under the law to impose a fine of up to 20 dollars or to collect fines, and administrative law enforcement officials in urban management may collect a fine at the time.
(ii) In addition to administrative penalties that may be imposed at the time indicated above, other administrative sanctions imposed must be fully, objectively and impartially investigated to collect evidence. The investigation concluded by the head to review the findings and make administrative sanctions decisions that should be punished administratively, and to impose more administrative penalties on complex or serious offences.
(iii) The right of the parties to request a hearing before a decision of administrative penalties, such as an order of suspension, suspension or licence, imposition of a fine of more than 500 dollars for citizens, a fine of more than 20,000 for legal persons or other organizations, shall be communicated to the parties prior to a decision of administrative penalties, such as a fine of 20,000 dollars for legal persons or other organizations; and the parties request a hearing of the evidence, the law enforcement authorities should organize hearings.
Article 43
(i) Use of administrative sanctions decisions in the harmonized normative format;
(ii) The use of uniformed monetary receipts by the financial sector;
(iii) To inform the parties of their rights under the law;
(iv) The decision to impose a fine at the time and, in addition to the collection at the prescribed time, the parties shall be informed of the payment of a fine to the designated bank within 15 days. In the case of a fine collected by law enforcement personnel at the time of the collection of a fine, the executive branch shall, within 2 days of the date of the collection of a fine, deposit a fine to the designated bank;
(v) A fine, forfeiture of proceeds of conflict or forfeiture of illegal property auctions, all of which are made financially.
Article 44, when administrative law enforcement officials carry out administrative enforcement measures under the law, shall comply with the following provisions:
(i) A letter of assignment to the parties and may require the assistance of the relevant units; if necessary, a coercive measure may be taken before the approval process is completed;
(ii) In carrying out seizures, seizures or the registration of evidence, a list of names, types, specifications, quantity and degree of integrity, signed by the host and the parties, or by the executive branch and the parties, shall be produced;
(iii) The duration of the seizure and seizure shall not exceed 15 days, and special circumstances may be approved for the extension of 15 days and the registration of evidence shall be taken in a timely manner within 7 days;
(iv) The destruction of buildings, constructions or facilities in conflict with the law should be carried out by the parties with a deadline for demolitions, which are not dismantled by the parties and are forced to dismantle by law.
Article 42 does not impose administrative penalties for the same offence on the parties.
Article 46, in terms of reference, shall be reviewed within five days to determine the case. The decision shall not be made and shall be communicated in writing to the relevant administrative organs for reasons that are not contested by the administration; the case shall be examined in writing after the decision is taken.
In the case of article 47, the parties are required to fill the relevant procedures by the relevant administrative organs, and prior to the administrative sanctions decision, the views of the relevant administrative bodies should be sought in a timely manner.
In the case of article 48, the law enforcement authorities should notify the relevant administrative authorities in a timely manner of the finding that the damage caused by the violation by the parties requires compensation.
Article 49 shall, in accordance with the following requirements, cooperate with the law enforcement authorities in the exercise of administrative penalties:
(i) In cases of violations committed by the law enforcement authorities, technical recognition is required and shall be validated by law upon notification;
(ii) The discovery of offences within the authority of the administration of the law enforcement office, which should be transferred to the law enforcement office, and the law enforcement desk;
(iii) In the exercise of administrative licence matters relating to the relative concentration of administrative penalties in urban management, the results of the licence should be reproduced to the law enforcement authorities within 5 days.
Article 50 impedes the administration of administrative law enforcement officials in accordance with the law, such as violence, threats, insults, and shall not be dealt with as civil disputes, and public security agencies or urban administration police institutions should be dealt with in a timely manner by law; constitutes an offence punishable by law.
Chapter IV Enforcement oversight
Article 50 should proactively accept oversight by the law enforcement agencies and their Standing Committees, political unions and social opinion.
The law enforcement office should be subject to the law enforcement supervision of the superior business authority and the law-making body of the Government.
The municipal law enforcement authorities have found that district law enforcement authorities should not be able to detect the offence and should be responsible for its investigation or for direct investigation; it is found to be wrong and should be responsible for its transformation or direct redress and accountability in accordance with the law.
Article 52 of the executive penalties decision of the Law Enforcement Authority shall be taken within 15 working days after the submission of the relevant administration.
Article 53 governs disputes between the law enforcement authorities and the relevant administrations, coordinated by the Government's rule of law institutions.
Article 54 of the Law Enforcement Agency and its law enforcement officials have one of the following acts, and administratively disposed of directly responsible supervisors and other direct responsibilities by law; constituted criminal liability by law:
(i) There is no statutory basis for administrative sanctions;
(ii) Removal of administrative penalties, types and ranges;
(iii) Violations of statutory administrative penalties procedures;
(iv) Contain, private or transcend private fines, proceeds of confiscation or property;
(v) To request or receive the property of another person and to receive a fine;
(vi) The unlawful rights, public interest and social order of citizens, legal persons or other organizations, which should be stopped and punished without impunity;
(vii) Other abuses, omissions, provocative fraud or administrative misconduct.
Article 55 should establish an administrative law enforcement body to share a rotation system, implement administrative law enforcement accountability, review the conduct of the review and error accountability, and increase administrative law enforcement.
Article 56, Civil, legal and other organizations, in the administration of urban law enforcement officials, have the right to report to the law enforcement authorities or their superior authorities, that the law enforcement authorities or their superior authorities shall investigate and deal within 15 days.
Article 57 considers that the specific administrative acts of the Municipal Law Enforcement Authority violate their legitimate rights and interests, may be brought to the Municipal Government by law for administrative review or administrative proceedings directly to the People's Court, and considers that the specific administrative acts of the District Law Enforcement Authority violate their legitimate rights and interests, which may be applied by law to the Government of the People of the District or the Municipal Enforcement Authority, or may be directly prosecuted before the People's Court.
Chapter V
Article 588: The right to administrative penalties is relatively concentrated within the Green Line of Road Linkages with the main districts of the town of the Centre, which is implemented in accordance with this approach.
Article 59 states that urban management in the provinces of Budddh, Lington and Lington is relatively concentrated in administrative penalties and is implemented in accordance with the procedure approved.
This approach is implemented effective 1 February 2004.