Discretionary Basis Of Administrative Punishment In Zhejiang Province Way

Original Language Title: 浙江省行政处罚裁量基准办法

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  First for establishing and perfecting the system of administrative penalty discretion standard, regulation of administrative penalty discretion, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative punishment law and relevant laws and regulations, combined with the facts of the province, these measures are formulated.

Second administrative penalty discretion standard in these measures refers to the implementation of administrative punishments in the laws, rules and regulations within the scope of discretion, violation of Administration to citizens, legal persons and other organizations, to determine whether the punishment, and what type, magnitude refinement of the punishment and its specific application scenarios, quantitative criteria.

Formulation and application of administrative penalty discretion standard article, should follow the principle of lawful, fair, open and reasonable.

Article fourth legal work of the people's Governments above the county level within the institutions responsible for the administration of administrative punishments discretionary basis of organization, guidance, coordination and supervision. Article fifth provincial administrative authorities shall set forth the laws, regulations and regulatory provisions by the system sort out the implementation of administrative punishments, and can be refined and quantifiable matter of discretion of administrative penalty discretion benchmarks.

National authorities have developed the system of discretionary basis, you can no longer make.

Subordinate the implementation of administrative punishments shall be referred to perform any administrative penalty discretion standard, can also be combined with real refinement and quantification of the region.

Entrusted by law can be devised to implement administrative punishments administrative punishments discretionary basis, but shall be submitted to the Commission approved and published. Sixth article developed administrative punishment CD volume benchmark, should according to had penalty quite of requirements, integrated consider violations of facts, and nature, and plot, and social against degree, factors, on legal, and regulations and regulations provides of CD volume matters made following provides: (a) can CD volume whether punishment of, should provides whether punishment of specific applies case; (ii) can CD volume single at or and at punishment of, should provides single at or and at punishment of specific applies case; (three) can CD volume punishment type of,

Should provide the specific situations of different kinds of punishment and (iv) may be discretionary punishment, should be divided into discretionary order or clear method, and provides for specific situations.

Seventh administrative penalty discretion standard-setting organs shall, in accordance with laws, regulations and rules of the adjustments or law-enforcement practice, timely amendment of administrative penalty discretion standard.

Eighth of administrative penalty discretion standard developed, published, specific procedures and requirements such as filing, Zhejiang Province, in accordance with the relevant provisions of the measures for Administration of normative documents.

Nineth organ under the implementation of administrative punishments shall be in accordance with the law, regulations, rules and administrative penalty discretion standard impose sanctions.

Application of administrative penalty discretion standard will lead to punishment clearly inappropriate, the implementation of administrative punishments without laws, regulations and policies on conflict situations, adapting the discretionary basis, it must be decided collectively by the implementing of administrative penalty authority, and fully justified; discretionary basis not formulated by the authorities, punishment implementation should be reported to develop organ for the record.

Tenth administrative penalty before implementing authority shall make a decision of administrative penalty and shall inform the parties of punishment based on (including discretionary basis), facts, reason, and elaborated in the written decision of administrative penalty.

11th in the application of administrative penalty discretion standard needs to further clarify the boundaries or supplementary provision, by the enacting body responsible for implementation.

12th administrative penalty discretion standard illegal or clearly inappropriate situations, Zhejiang Province, by the authority in accordance with the provisions of the regulation on administrative normative documents be corrected, altered, or dropped.

Organ of administrative penalty according to the provisions of application of administrative penalty discretion standard, legal work of the people's Governments above the county level bodies informed of the correct or the competent authority shall order their correct, if necessary, by the people's Governments at the corresponding level, or the competent authority in accordance with the terms of reference be changed or repealed. 13th these measures shall come into force from October 1, 2015.