General Provisions Article to regulate the behavior of civil aviation administrative checks to ensure the orderly conduct of administrative inspection work, safeguard the legitimate rights and interests of citizens, legal persons and other organizations, according to "People's Republic of China Civil Aviation" " People's Republic of China production safety law "and relevant laws and regulations, the enactment of this rule.

Article mentioned in these Rules refers to administrative examination and their organizations and the civil aviation administrative organ authorized by the laws and regulations of the organization commissioned accordance with relevant laws, rules and regulations, engaged in civil aviation activities of citizens, legal persons or other organizations implementing observation, understanding and knowledge of its compliance with the relevant laws and regulations, conditions, regulations and regulatory documents, and urge them to fulfill obligations.

All kinds of administrative examination citizens, legal persons or other organizations engaged in civil aviation activities in the implementation of these Rules shall apply. Except for the laws and regulations provide otherwise.

Article shall follow the administrative inspection according to law, public, convenience, and reasonable principles.

Article legal persons and other organizations engaged in civil aviation activities shall establish a production safety self-inspection system for the regular production of the unit for inspection and evaluation of the security situation, found in self-examination does not meet the safety regulations, It should take immediate measures to promptly eliminate potential accidents, and in accordance with the requirements of the civil aviation administrative organs to submit the results of self contained and corrective actions taken by the content of self-examination report.

Article civil aviation administrative organ shall establish compliance of credit information recorded in the records of civil aviation activities within the jurisdiction of the illegal situation of citizens, legal persons and other organizations.

Article on administrative work, to take a random examination to determine the inspectors and the inspection object randomly selected administrative law enforcement approach. Enforcement organization

Chapter II Administrative checks, personnel and responsibilities

Article VII of the Civil Aviation Authority and the Civil Aviation Administration Region (hereinafter referred to as the Authority) is the name of the independent exercise of their respective administrative inspection right.

Article VIII of the Civil Aviation Authority to develop administrative inspection rules and regulations, supervision and guidance of the country's civil aviation administration and inspection.

CAA can organize the implementation of administrative examination nationwide.

IX Civil Aviation Authority develop and implement an approach to the implementation of administrative rules and inspection system, within their respective jurisdictions organize and guide the Civil Aviation Safety Administration (hereinafter referred to as the Authority) to carry out administrative checks. The Authority should implement administrative check based on the division of labor and authority of the Board.

Between Article X Authority administrative scope of the inspection or examination of the disputed matters reported to the Civil Aviation Authority to determine.

Article XI departments of civil aviation administrative organs shall undertake on behalf of the organ specific administrative inspection, and may not in the name of the department to implement the administrative checks.

Article 12 A legally accept other organizations of civil aviation administrative organ entrusted the implementation of administrative penalties and other administrative matters, shall be in accordance with the rules in the name of authorized agencies carry out administrative checks.

Staff to implement civil aviation administrative organs examined Article XIII shall have qualified inspectors. The Ombudsman does not have the staff or other qualified professionals, under the leadership of the Ombudsman can assist checks.

In addition to the civil aviation administrative organ of the rule specifies that the organizations and individuals than any other organization or individual shall implement the administrative check of the Rules.

Article XIV inspectors found problems with the existing laws, regulations and administrative rules in the inspection process, should propose laws, regulations and rules of the civil aviation legislation to the level in writing the executive policies and regulations department, change, waste, release recommendations.

Staff Article XV of the implementation of administrative examination assume responsibility for confidentiality in the administrative examination of the parties learned commercial secrets or personal privacy are not allowed to be disclosed to others. Develop



Chapter III of Article XVI administrative inspection program organization and implementation of civil aviation administrative organ administrative inspection, administrative inspection plan should be prepared.

Article XVII CAAC various functional departments should clearly outline the administrative checks or other types of administrative inspection requirements, inspection plan to guide the preparation of the Authority.

Administrative inspection plan should be based on job responsibilities, staffing and law-abiding people are checking the actual situation and other credit establishment, including checking the time, is to be inspected, check the content and frequency, and the civil aviation administrative organs of other content necessary . Annual administrative inspection program or administrative inspection requirements

Article XVIII CAAC various functional departments of the Authority shall be issued before the end of November each year, the preparation of the administrative departments in the annual inspection program before the end of December carry out.

Authority every year before the end of December to complete the preparation of the administrative units of the inspection program. Departments

Article XIX of the Authority, the Authority deems it necessary, to change the administrative inspection plan, approved by the people responsible.

Outside inspection program for temporary inspection, the Authority, the Authority to check the time can be adjusted with a combination of administrative inspection program, it should be combined after the organization and implementation; and inspection program on non-combination of as new inspection organization and implementation of the project. Implementation

Diershitiao civil aviation administrative organs and their inspectors

Chapter IV Administrative checks should be based on the administrative level of the inspection plan or by the administrative authority approval, the implementation of administrative examination.

Article XXI administrative inspection should be implemented in accordance with the provisions of laws, regulations and rules.

Administrative implementation of Article 22 of the Ombudsman should present Chinese civil aviation inspectors documents to be checked informed administrative inspection matters.

Article 23 to be inspected and the Ombudsman considered administrative examination matters has a direct interest may apply for their withdrawal.

Article 24 is to be inspected for the Ombudsman to perform inspection duties according to law, shall not refuse, obstruct. Problems

Article 25 of the Ombudsman should be the time of administrative check, location, content discovery and treatment and to make a written record, the person in charge by the inspectors and the inspection of individual units of or the person in charge of personnel authorized signature; refused to sign the Ombudsman should be the case record and to report to the present administration.

Article 26 of the civil aviation administrative organ administrative inspection found, it should be treated as follows:

(a) is an offense, but the law can not be an administrative penalty, or violation of normative documents, shall issue a rectification notice or order immediate correction within a time limit;

(b) constitutes an offense according to the law should be subject to administrative punishment, administrative punishment in accordance with procedures, impose administrative penalties;

(c) it shall take administrative enforcement measures, the implementation of administrative enforcement measures in accordance with the procedures specified in Chapter V;

(D) of the accidents found in the inspection, should be ordered to rule out immediately; major accident Exclude or exclude hidden before the process can not guarantee the security should be ordered to withdraw workers from the danger zone, ordered to temporarily cease or stop using facilities and equipment; exclusion of major accident hazards, for examination and approval, before resuming production operations and use;

(e) no longer have the safety conditions of the units and individuals, according to the administrative license revocation proceedings to revoke the original licensing decisions;

(f) it shall be closed and submitted above the county level determined in accordance with the State Council's authority;

(vii) obviously suspected of a crime shall be in accordance with the relevant provisions of the State Council, the people's procuratorate or public security organ.

For violations directly involve security risks, security risks can be the basis of a comprehensive analysis, make an administrative law decision.

Article 27 The civil aviation administrative organ shall issue inspection found the track, urging people to be checked regularly to make corrections and were treated in accordance with the following conditions:

(a) has been corrected in accordance with the requirements of violations, administrative inspection program termination;

(ii) failure to follow the requirements to complete the rectification of records related to the case, and written informed higher authorities or local people's governments above the county level which also apply to the rectification matters court for enforcement;

(iii) failure to complete the rectification as required, administrative penalty according to law, shall be punished.

Article 28 The administrative organs and their civil aviation inspectors to administrative examination found, has fulfilled the legal safety regulatory functions, and the law, the administrative examination procedure is concluded.

Article 29 The administrative organ shall establish a civil aviation administration check the file in accordance with the civil aviation regulations executive law enforcement files, check the process of the formation of the administrative file or archive the data collection.

After checking into the administrative procedures of administrative penalties, administrative or formed during the inspection of documents and administrative penalties documentation archive the collection together.

Article 30 The administrative organs and their civil aviation inspectors should be administrative inspections found that according to the law should be given to order the rectification, administrative penalties, administrative or compulsory license revocation decision offenses credited to the credit information records compliance, list and shall be subject to administrative punishment, administrative license revocation or compulsory subject of illegal administrative penalty information for publicity.

Enterprise shall from the date of the formation of the following information within 20 working days through legal channels to public notice:

(a) information by administrative punishment;

(two ) other public information should be in accordance with law.

Civil aviation administrative organs for law-abiding credited to the credit information recorded illegal body undeclared law behavior above information, may apply to the administrative department to report and provide information about the decision.

Article 31 civil aviation administrative organ found its public information is not accurate, it should be promptly corrected. Citizens, legal persons or other organizations have evidence of civil aviation administrative organ of public information is not accurate, the right to request the executive aviation correct them.

Citizens, legal persons or other organizations from the date the information was included in the record of compliance of credit expiration of three years or revoked violations identified by the civil aviation administrative organ out of its compliance record credit information.

Chapter V Administrative checks compulsory administrative measures

Article 32 of the civil aviation administrative organ for the problems identified, in accordance with laws and administrative regulations to exercise the corresponding administrative inspection in the administrative process forced rights.

Article 33 compulsory administrative measures taken by the civil aviation administrative organ, refers to the administration process, in order to stop the illegal acts, to prevent damage to the evidence, to avoid harm occurs, control dangerous situations such as expanding, according to the law on citizenship , property legal person or other organization to implement a temporary control of behavior.

Article 34 of the following circumstances, the civil aviation administrative organ shall take administrative compulsory measures according to law:

(a) that are believed not meet national standards ensure safety in production or industry-standard facilities, equipment, tools and illegal production, storage, use, management, transport of dangerous goods to be seized or detained, be seized to related sites;

(ii) production safety according to law without obtaining the approval of the relevant , engaging in related activities, should be closed down, banned, and according to the law;

(c) in the case of evidence may be lost or difficult to obtain, and advanced registration and preservation of evidence;
|| | (d) other administrative coercive measures should be taken in the case.

Implementation of administrative enforcement measures Article 35 shall comply with the following provisions:

(a) compulsory administrative measures should be implemented by two or more inspectors;

(b) circumstances are obviously minor offenses or no apparent harm to the society, can not take administrative enforcement measures; (iii) the implementation of administrative enforcement measures

shall be subject to the legal departments of the unit legal review of consent, submitted to the unit responsible for approval;

(4) in case of emergency, you need to spot the implementation of administrative enforcement measures, the unit responsible for the Ombudsman should be reported within 24 hours and re-submit for approval. This unit is responsible for that should not take administrative enforcement measures shall be terminated immediately.

Article 36 The administrative enforcement measures shall implement the following procedures:

Ombudsman presented the Ombudsman documents, notify the presence of the parties, the parties take administrative enforcement measures to inform the reason, according to the law and the parties the right to relief channels, reaches "the civil aviation administrative compulsory measures decision" and related inventory, fully listen to the statements of the parties and defense.

Production of "Civil Aviation implementation of administrative enforcement measures on the scene," the implementation of administrative enforcement measures scene to be recorded by the parties and the Ombudsman signature or seal, the parties refuse, be noted in the transcript; the parties fail to be present, to invite witnesses to the scene, the witnesses and the Ombudsman signature or seal on the scene. After

Article 37 to take administrative enforcement measures shall ascertain the facts, make a decision within the time limit laws and administrative regulations.

For the parties no offense, no longer need to implement administrative enforcement measures, and has expired and other circumstances to make a timely decision to denounce.

For advanced registration and preservation of evidence, it shall within seven days make a decision promptly. Take measures to preserve evidence, the parties should avoid losses; losses can not be completely avoided, should be taken to cause minimal loss manner.

Article 38 civil aviation administrative organ to terminate the compulsory administrative measures shall be in accordance with the procedure described in the following: the contractor sector

(a) compulsory administrative measures put forward examination opinions to the unit legal departments review;

(ii) after the legal departments for examination and approval of the report to the people responsible for approval;

(iii) production and delivery, "civil aviation lifting compulsory administrative measures decision." Implementation of sequestration, it shall also make "Civil Aviation unblocking (refundable) list of items."

Legal instruments Article 39 compulsory administrative measures should be stamped with the seal of the administrative organ and served on the parties. The parties refuses to accept or can not be served on the parties, shall be delivered in accordance with the relevant provisions of the "People's Republic of China Civil Procedure Law".

Chapter VI of administrative supervision and inspection of legal liability

Article 40 of citizens, legal persons or other organizations believe civil aviation administrative organ or of the Ombudsman in violation of their legitimate rights and interests of administrative inspection, there To the right level administrative organ or its superior administrative organ complaints, this level administrative organ or its superior administrative organ shall investigate and deal with according to relevant regulations.

The implementation of Article 41
civil aviation administrative organs to check any of the following circumstances shall be ordered by the superior administrative organ or relevant departments shall, causing serious consequences, should be in charge and other responsible personnel directly responsible shall be given administrative punishment:

(a) failure to timely completion of inspection plan and without any reasonable ground;

(ii) are not required to be reported in a timely manner or concealing illegal situation is to be inspected;
| || (c) in violation of relevant regulations, failure to perform legal inspection duties or acts beyond the implementation of the inspection authority;

(iv) violation of the rules of administrative inspection procedures to check the implementation of actions;

( e) violation of legal procedures, the implementation of administrative enforcement measures.

Article 42 of the following circumstances, the administrative authorities and civil aviation inspectors not liable; laws and regulations of administrative law enforcement accountability as otherwise provided, in accordance with its provisions:
|| | (a) by citizens, legal persons, other organizations and the actual control of human behavior, resulting in civil aviation administrative organs and their internal organs, the Ombudsman was unable to make the right of executive action;

(ii) because the relevant accordance with the provisions of administrative law enforcement is inconsistent, resulting in administrative law enforcement applicable laws, rules and regulations based on improper, or because of the higher authorities to rule on the application of the law, which led to the suspension of enforcement actions;

(iii) due to force majeure administrative enforcement action illegal, improper or non-compliance with statutory duties;

(iv) production safety found illegal, violations and accidents have been investigated and dealt with according to the law, due to production and business units and their employees refused to implement corrective requirements lead to the production safety accidents;

(e) the production units by the illicit production or ordered to suspend business for rectification after still have the safety conditions, civil aviation administrative organs according to law has been drawn above the county level people's government decided to ban or closed;

(vi) for refusing to implement the decision on administrative punishment production units, civil aviation administrative authority has applied to court for enforcement of the law;

(vii) civil aviation administrative organs have been legally to the relevant departments to strengthen and improve the management of civil aviation safety recommendations;

(viii) illegal, improper administrative enforcement actions minor and promptly corrected, no adverse consequences or adverse effects was promptly eliminated; || |
(IX) according to the law does not assume responsibility for other situations.

Staff Article 43 administrative inspection in violation of the provisions, unauthorized administrative inspection will be inspected learned the trade secrets or personal privacy disclosure to others, by the superior administrative organ or administrative authorities shall be held accountable.

Article 44 legal persons and other organizations engaged in civil aviation activities are not to self-examination required to submit reports to the civil aviation administrative organ shall be ordered to make corrections, and credited to their credit information compliance record; inspection report is not complete , a true reflection of the actual situation, may be given a warning and a fine of RMB 30,000 yuan.

Article 45 legal persons or other organizations engaged in civil aviation activities refuse or hinder the Ombudsman shall conduct supervision and inspection, ordered to make corrections; refuse to make corrections, 20,000 yuan more than 200,000 yuan fines; more than 10,000 yuan fine of $ 20,000 or less of the person in charge and other directly responsible personnel directly responsible; constitutes a crime, be held criminally responsible in accordance with the relevant provisions of the criminal Code.



Chapter VII Supplementary Provisions Article 46 These Rules shall come into effect from May 14, 2016. "Civil aviation administration and inspection rules" (CCAR-13) shall be repealed simultaneously.