Key Benefits:
(Health No. 27 of 16 April 2003) Chapter I General Article 1 guarantees the legitimate rights and interests of citizens, legal persons or other organizations, in accordance with the laws and regulations such as the Administrative Punishment Act, the Financial Law Enforcement Procedure of the Fford Province. Article 2 The exercise of administrative law enforcement is governed by this provision within their respective jurisdictions. In the case of administrative offences that are not under the jurisdiction of municipalities, district law enforcement authorities should be transferred or informed by competent law enforcement authorities or relevant administrations, without interfering. Disputes between municipalities, district law enforcement bureaux, district law enforcement bureaux and law enforcement authorities and the relevant administrations are governed or processed by the Government of the city. Article 3 provides oversight inspections by the law enforcement authorities and the management of violations by the city, which must be based on the fact that the law is based on the principle of legality, efficiency, the principle of the public, and the principle of the rehabilitation and punishment of the population, as well as the fact that the evidence is clear, the lawfulness of the proceedings, the punishment, fairness and justice. Article IV. Enforcement activities by law enforcement agencies should be mutually supportive with other relevant administrations. The law enforcement authorities should regularly report to the relevant administrative departments on the penalties for violations and the treatment of cases. The relevant administrations should inform the law enforcement authorities on a regular basis with respect to the approval of the penalties of the law enforcement authorities. Chapter II Article 5 Law enforcement authorities should conduct regular oversight of conduct involving urban management order by citizens, legal persons or other organizations. Complaints, reports and charges against citizens, legal persons or other organizations shall be investigated within 72 hours. The investigation process and the results shall be recorded in writing in accordance with this provision. Article 6. The investigation, inspection shall be carried out by law enforcement officials, in accordance with the provisions, in possession of work certificates, administrative law enforcement certificates, in Peena, with law enforcement instruments and instruments, and law enforcement officials shall not be less than two. Article 7 law enforcement officials should submit administrative law enforcement certificates to the parties prior to the investigation, inspection, content, requirements and methods. The parties should cooperate with the investigation, inspection and not be denied, obstructed, but have the right to make statements and to justify them. Law enforcement officials should fully listen to the views of the parties and should not be subjected to harassment, punishment or increased penalties due to the statements of the parties. Article 8. Law enforcement officials should be confidential to investigate, inspect matters involving State secret, commercial secret, personal privacy, and should not be kept in public or private. Article 9. In the field inspection, law enforcement officials consider that the parties concerned have breached the relevant laws, regulations, regulations and regulations of urban management and should produce the On-site Inspection Record, the On-site Inquisition or the On-site Survey Record, which are dealt with by law enforcement officials and parties in accordance with Articles 11 to 13. Article 10 law enforcement officials consider that the offence of the party should be punishable by law and that administrative sanctions decisions are applied in chapter III of this provision, as well as in general procedures. Article 11. Law enforcement officials believe that the parties shall take administrative coercive measures, such as seizures, seizures, in accordance with the law, and shall complete the legal instruments and lists, such as the letter of notification of the seizure (except seizure). When administrative coercive measures are taken at the site, decisions and checklists should be delivered to the parties within 24 hours; in other cases, the relevant legal instruments and checklists should be delivered to the parties in conjunction with administrative coercive measures. When the law enforcement authorities impose administrative coercive measures on the part of the parties, they should retain the necessary production tools for the parties and the essential items for the life of their families. Article 12 (i) To inform the parties of an order of enforcement; (ii) To test the implementation of the mark, to complete the list of implementing items and to dismantle the buildings or facilities in conflict with the law; (iii) A copy of the record was signed by the executive, the executing and witness. Chapter III Administrative penalties decisions Section I Summary process Article 13, the Law Enforcement Authority considers that the facts of the violation of the law of the parties are well and have a statutory basis to impose a fine of up to 1000 dollars for citizens, for legal persons or other organizations, or for administrative penalties. Prior to the administrative penalties decision, the parties should be sent to the executive summary to inform the parties of the facts, reasons, bases and rights enjoyed by the law. Article 14. Law enforcement officials shall, at the time of the administrative sanctions decision, complete the book on penalties at the time, be signed by law enforcement officials or chapters and sent to the parties. Article 15. When a penalty decision has been taken at the place, the amount of the fine is less than $20, or when the collection is unimplemented, the law enforcement officer may receive a fine at the time, but the parties should be given a fine-tuned to be published by the Office of Finance of the province and transferred within two days after the collection of the fine. Section II General procedures Article 16, in addition to the penalties decided upon in chapter III, section I, of the present article, should investigate and collect relevant evidence in a comprehensive, objective and impartial manner, and complete the list of evidence, by which law enforcement officials and the investigating person sign or chapter. Article 17 law enforcement officials are of the opinion that there is a need for an on-site inspection and should be informed of the relative or his agent's access to the site, which may be invited to the local residence (in the village) commission or to the person present. Survey inspections may be carried out on-site measurements, photographs, audio recordings, videos, samplings and interviews with the persons concerned. The results of the survey inspection shall be signed or indicated by the investigators, the surveyor or the invited witnesses. The specialized technical issues are addressed to the statutory sector for accreditation. Article 18 law enforcement officials consider that the evidence should be sampled by law and sent to the parties a notice of sampling; they consider that the evidence should be preceded by the registration of the preservation measure and sent to the parties the notice of the registered deposit. When a sample of evidence is obtained or registered, the list of goods should be completed and signed by law enforcement officials and parties after a joint point of view, the parties are not present or denied access, and law enforcement officials may invite the local residence (in the village) or the persons present in the presence to be found in the evidence. After a pre-registration conservation measure, the law enforcement authorities should take a decision within 7 days. Article 19 On-site investigations, inspections have been completed and law enforcement officials should complete the Administrative Case Approval Table and perform the reporting process. Following the decision of the Law Enforcement Bureau, it was considered necessary to further investigate evidence, and law enforcement officials could send to the parties a letter of enquiry to inform the parties concerned of the investigation within the time specified. The investigation process should produce an “inquiries note”, an investigation note. The law enforcement authorities should conduct a review of the facts, rationales and evidence presented by the parties. The law enforcement authorities should adopt the facts, grounds or evidence presented by the parties. Article 20 law enforcement officials should submit investigation reports and responses to the law enforcement authorities after completing the investigation. Prior to the decision to impose administrative penalties on the parties, the Law Enforcement Bureau shall communicate to the parties the letter of notification of administrative penalties to inform the parties of the facts, reasons and basis for the penalties proposed for the parties, which shall also inform the parties of the right to hold hearings before the administrative penalties such as the imposition of an order of suspension, the suspension of licences or licences, the amount of fines. The parties requested hearing, which should be written within three days after the law enforcement authorities informed of the right to hearing, and the law enforcement authorities should organize hearings. Section III Article 21 imposes a greater amount of fines for the hearing procedure: (i) The offence of citizens not operating activities is fined by more than 2000 dollars (with the amount of 2000 dollars and the same); More than 300,000 fines were imposed for offences committed by legal persons or other organizations not operating; (ii) A fine of more than 5,000 for offences committed by citizens in the operation; The offences committed by legal persons or other organizations in the course of the operation were fined by more than 100 million. In accordance with article 22, the law enforcement authorities shall notify the parties of the time, place and related matters of the hearings before the hearing has been organized. In addition to the secret, commercial secret or personal privacy of the State, hearings are held in public. The law enforcement authorities may invite persons concerned to be heard at a certain level. Article 23 of the hearings was chaired by law enforcement officials designated by the law enforcement authorities in the present case. The moderator has the right to decide on the extension, suspension, termination of hearings or to inform witnesses, experts, surveyors and witnesses. The parties were of the view that the moderator had a direct stake in the present case and had the right to apply for a waiver. Article 24 hearings are conducted in accordance with the following specific procedures: (i) The recorder determines whether the participants, such as the parties, are present and read out the hearing discipline; (ii) The moderator declared the commencement of the hearings, the hearings, the list of witnesses, and whether the applicant, the investigating officer in the present case had been asked for other relevant hearings; (iii) The investigating officer's recommendation on the facts, evidence and administrative penalties of the parties in breach of the law; (iv) The prosecution and the evidence of the alleged facts and related problems. In addition to State secret, commercial secret, personal privacy, the parties have the right to obtain or replicate copies of all hearings; (v) Investigation of evidencers and mutual debate with the parties; (vi) The moderator declared the closure of the debate; (vii) The moderator shall consult the parties in accordance with the order in which the third person, the investigating officer of the case and the parties concerned; (viii) The moderator declared the closing of the hearings. Article 25 The Law enforcement authorities, in response to the hearings process, produced a “call” record, reads or reads with the parties, investigators, witnesses, etc. participants in the hearings, examines the error and signatures or chapters of the communication, signed by the moderator, the recorder or chapter. In the aftermath of the hearing, the law enforcement authorities may decide to transfer to the parties by law the treatment or punishment. In parallel with the administrative penalties decision, the Directorate of Law Enforcement decided to deal with the property subject to administrative coercive measures. The holding of the hearing does not affect the right of the parties to apply for administrative review, to initiate administrative proceedings and to seek compensation from the State. Chapter IV Execution and implementation of administrative penalties decisions Article 28 law enforcement officials shall send to the parties a variety of legal instruments and shall complete the “transmission” certificate, which shall be signed by the sendingee or by chapter indicating the date of the receipt. The arrivalee rejects the receipt and the law enforcement officials should invite the relevant representatives of grass-roots organizations or other persons to see the evidence that the law enforcement officials took a notice of the refusal and the date of the delivery of the evidence and that the law enforcement officers would retain the relevant legal instruments at the place of the person's residence after the signature of the two witnesses or chapter. The above-mentioned direct delivery is difficult and is delivered in accordance with the other means specified in the Civil Procedure Act. In addition to the collection of fines at the time, the parties should pay a fine from 15 days from the date of receipt of administrative sanctions decisions. Article 33 imposes no decision on the penalties imposed by the municipal law enforcement authorities, which may apply to the municipality for administrative review or administrative proceedings before the People's Court by law, and the administrative sanctions decisions of the District Law Enforcement Authority may be incompatible with the application of administrative review or administrative proceedings by the Government of the People's Republic to the People's Court by law. In the course of the review or proceedings, administrative penalties are not discontinued, except as otherwise provided by the law. Article 31 provides that the parties have failed to comply with administrative sanctions decisions and that they do not apply for administrative review or administrative proceedings, and the law enforcement authorities may enforce by law or apply to the enforcement of the People's Court. Article 32 has been implemented and law enforcement officials should complete the report on the closure of administrative cases and file with the approval of the head of the law enforcement office. Chapter V Other provisions In one of the following cases, law enforcement officials dealing with the case should apply to the head of the law enforcement office for the avoidance, and the parties have the right to make an application to the law enforcement office requesting the law enforcement officials concerned to avoid: (i) The parties or close relatives of the present case; (ii) Individual or close relatives have an interest in this case; (iii) Other relations with the parties in the present case may affect the fair handling of the case. Until the decision was taken, the custodian must not stop the investigation of the case. In the course of law enforcement inspections and case handling, article 34 requires, in accordance with the law, the parties or the person concerned to refuse the signature or chapter, the law enforcement officials must indicate the reasons for the rejection of the contract in the relevant instruments and invite representatives of grass-roots organizations or others to see the evidence, signature or chapter, see the witness shall not be less than two. Article XV deals with cases of violations by law enforcement authorities within 30 days of the date of the filing of the case; cases involving significant, complex or lengthy technical identification may be extended 15 days, with the approval of the principal executive heads of the law enforcement authorities; 15 days will be required; and cases processed by the various district law enforcement offices are approved by the municipal law enforcement authorities, and the municipal authorities approve cases processed by the municipal authorities. Representatives of grass-roots organizations or law enforcement investigations, witnesses on the site have the obligation to testify and assist the investigation. Within 30 days after the completion of the administrative case, in cases where hearings are applicable, the law enforcement authorities should submit the basic situation of the case and the results to the same-ranking Government. Article 37, in conjunction with a number of fines within the purview of the Enforcement Agency, is subject to penalties imposed by the law enforcement authorities in accordance with one of the most severe penalties. However, the types of punishment vary. Article 338 provides oversight of law enforcement activities at the same level or at the lower level by the municipal and district government rule of law institutions; and the municipal law enforcement authorities conduct oversight inspections of law enforcement activities in the district law enforcement offices. The law enforcement investigation, inspection of misconduct or alleged violation by law enforcement officers is suspended or withdrawn by the above-mentioned law enforcement supervisors in accordance with the statutory procedures, and the law enforcement documents are provisionally seized by law enforcement officials upon the facts of the law. Annex VI Article 39 |
