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Shanghai Market Supervision And Administrative Punishment Procedure

Original Language Title: 上海市市场监督管理行政处罚程序规定

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  Chapter I General provisions article I (purpose and basis) in order to unify administrative punishment procedure in the world market, market regulatory authority exercises its powers according to law, protect the legitimate rights and interests of citizens, legal persons or other organizations, in accordance with the People's Republic of China on administrative punishments law of the People's Republic of China administrative enforcement provisions of the Act and other laws and regulations, combined with the city's actual, these provisions are formulated.

Article II (scope of application) area within the city limits of market supervision authority (hereinafter "market regulation") impose administrative penalties and related administrative law enforcement activities, these provisions shall apply.

Article III (education) on the investigation of violations, should adhere to the principle of combining punishment with education, guidance, advice, way, consciously abide by citizens, legal persons or other organizations of education.

Fourth (level of guidance and supervision) municipal administration for industry and commerce, the city of quality and technical supervision departments and municipal food and drug supervision and administration departments, the Municipal Department in charge of price (hereinafter "municipal authority") shall strengthen the market authority in handling administrative punishment cases of operational guidance and supervision on market supervision Bureau major administrative punishment cases, supervision can be made.

Fifth (execution cohesion) municipal authorities shall together with the municipal public security authorities a sound administrative law enforcement and criminal justice, cohesive, clear business case to be transferred to the field of processes and materials.

Market authority found that an unlawful act of a crime, shall, in accordance with relevant provisions of State and this city, to transfer the case to the judiciary. Chapter II jurisdiction article sixth (territorial jurisdiction) administrative penalties by the violations of market supervision Bureau.

Otherwise stipulated by laws, administrative regulations, and from its provisions.

Same offence two or more market authority have jurisdiction, by the first filing of market supervision Bureau. Seventh (specify jurisdiction) jurisdictional disputes between the marketing authority, through consultation, shall be submitted to the municipal jurisdiction of the competent authority. Market authority considers that it should be under the jurisdiction of cases for special reasons difficult to handle, can be submitted to the jurisdiction of the municipal authorities, or to exercise jurisdiction.

Municipal authorities should be received within 5 working days from the date of sending material determine jurisdiction Department.

Municipal authorities, where necessary, direct marketing authority jurisdiction over a case, also designated zones can take jurisdiction of the case market supervision Bureau.

Designated administrative punishment cases governed by the municipal authorities, market authority shall receive the designated jurisdiction within 3 working days from the date of the decision, transfer procedures.

Eighth (transfer) the market authority found that the cases do not belong to the jurisdiction of the Department should be timely removal procedures, and in the case of goods, material transferred to the competent market authority or other administrative departments.

Custody Department improperly transferred, shall be submitted to the common administrative organ at a higher level designation of jurisdiction, may not be individually transferred or refunded.

Chapter III general procedures of administrative penalties section one General provisions article Nineth (administrative inspection procedures required) administrative inspection or investigation administrative law enforcement personnel shall be not less than two, and shall show the administrative law-enforcement documents.

Administrative administrative inspection by law enforcement personnel, and shall inform the parties to check the contents, requirements and the related rights and obligations, and records.

Tenth (avoid) has one of the following circumstances, administrative law enforcement personnel shall be active avoidance, parties also have the right to apply for his withdrawal: (I) is a near relative of a party or in this case, (ii) or any of his close relatives and has a direct interest in the case and (iii) other relationships with the parties, may affect the fairness of treatment.

Withdrawal of the administrative law enforcement personnel, decided by the district in charge of market supervision.

Decision making, active avoidance or been requested to withdraw personnel did not stop the investigation of the case.

11th (correction) marketing authority to order the parties to correct violations, it should be made clear to correct content and duration. A rectification period shall, in accordance with laws, regulations, rules or regulations such as technical specifications.

Laws, rules, regulations or specifications not provided, correct term not later than 30th; it is necessary more than 30th and submit them to the market approval of the head of the authority.

12th (assist) Marketing Authority for handing administrative penalty cases require the city district authority to assist in the investigation of the market, should be submitted in written form to assist in the investigation. Market receiving the assistance requests the authority shall, within 15 working days, completed work to assist in the investigation.

Extension of investigation the special circumstances so require, can be extended by 15 working days, and inform the requesting investigation of market regulatory authorities.

Section II Office-13th (filing conditions) Marketing Authority for suspected illegal acts, belonging to the jurisdiction of the Department, should be filed.

14th (filing period) market supervisory authority according to the powers of supervision and inspection, or through complaints, reporting, transferred, assigned by the discovery, including illegal clue should get a clue within 10th of materials, organizations to verify and decide whether the case; there are special circumstances, may be extended to 15th.

Inspection, testing, verification, identification, other administrative bodies of investigation time, excluding prescribed in the preceding paragraph.

15th (filing results) filed or not filed should fill out the approval documents, reported to the district in charge of market supervision for approval.

Decision filed, district market authority shall file shall inform the parties and specify 2 or more executive officers are responsible for investigation and treatment.

Section III investigation 16th (inquiry) after filing, administrative law enforcement personnel shall conduct a comprehensive, objective, and impartial investigations and collect evidence.

To the party or person concerned gathering evidence, administrative law enforcement personnel shall inform its truthfully provide information, answer questions and assist in the investigation of the obligation.

When you first collect evidence from the parties, administrative law enforcement personnel shall inform its has the right to apply for the withdrawal.

17th (the investigation) investigation of the facts of the case including (a) the basic situation of the parties, (ii) whether a violation exists, (iii) whether the offence is a party concerned; (d) the implementation, such as time, place, manner, the consequences of violations, (e) and other facts relating to the case. 18th (evidences) administrative law enforcement personnel shall be in accordance with evidence collection, made in connection with the case.

Evidence include the following: (a) the documentary evidence and (ii) evidence, (iii) audio-visual materials; (d) electronic data; (e) the testimony of a witness, (f) the statements of the parties, (VII) expert opinions, (VIII) record.

Such evidence shall comply with laws, regulations, rules and other provisions relating to evidence and verified, as a basis for ascertaining the facts.

Evidence obtained before the filing, provisions of the preceding paragraph shall apply.

19th (evidence provided) administrative law enforcement personnel may request the parties and witnesses provide evidence relating to the case, and people provided by the material on the relevant documents signed or sealed.

Cases found in the investigation of suspected counterfeit product, marketing authority would be handed over to be fake enterprise or other rights holder for purposes of identification, authentication, and certified by the material.

20th (documentary evidence) administrative law enforcement personnel shall collect the original documentary evidence, material evidence as evidence of the original.

Collection of originals difficult, copies, copies or transcriptions can be extracted, and offers mark check is correct, indicate the source of date, evidence, and signed or sealed by providers and law enforcement personnel.

Collection of originals difficult, can extract the original certified copy of or that the evidence of other evidence such as photographs, videos, offers mark check is correct, indicate the source of date, evidence, and signed or sealed by providers and law enforcement personnel. 21st (audio-visual) administrative law enforcement personnel shall be collected in connection with the case of recordings, videos and other audio-visual material of the original carrier evidence.

Collection of original carrier have difficulty, you can collect copies and to indicate the production method, production time, make people and objects, and so on.

Audio-visual materials shall be accompanied by the sound of the voice transcript of the content. 22nd (electronic data) administrative law enforcement personnel shall collect the original carrier of electronic data.

Collection of original carrier have difficulty, can take photos, copy and print related content later fixed by documentary evidence, including evidence, evidence shall indicate the production method, production time, make people and objects, and so on.

Electronic data be removed, tampered with or complex, where the administrative law enforcement officers to make collection difficult, market authority may in writing delegate a qualified third party accreditation body for analysis, and issue a written opinion by.

23rd (interrogation) when the Chief law enforcement officials ask parties and witnesses shall be individually and make a written record. Ask those questioned record shall be checked, asking people to have difficulty reading, administrative law enforcement personnel shall read out. Inquiry record contains errors or omissions, is asking people to correct or supplement should be allowed.

Part of the correction or supplement shall be interrogated the signature, seal or fingerprint recognition. Inquiry record after it has been checked, by the person being interrogated on the transcripts page-by-page signature, seal or fingerprint recognition.

Administrative law enforcement personnel shall sign the interrogation. 24th (inspection, testing, verification and expert opinion) the technical aspects in the case needs to be inspection, testing, verification, identification, market regulatory authority should be written with the statutory inspection, testing, verification, and identification of qualified institutions.

No corresponding statutory bodies may be entrusted with other qualified institutions.

Inspection, testing, calibration, verification should be determined by inspection, testing, verification, identification, signed or sealed and stamped with the seal of the Agency. Inspection, testing, calibration, verification shall inform the party.

Provisions of laws, regulations, rules on the review, and shall inform the parties in writing the right to apply for review. 25th (field notes) administrative law enforcement officers make record shall include the site, by the administrative law-enforcement personnel, signed or sealed by the parties.

If necessary, you can take photograph, video record.
26th (outside of evidence)

People's Republic of China outside the territory of the evidence obtained, shall state the source, certified by the notary public of the country, and by the People's Republic of China stationed in the Embassy or Consulate of the country or fulfill the People's Republic of China entered into with the State in which the evidence prove that the procedures provided for in the relevant treaty.

Outside the evidence contained in the language, the text should be provided by a qualified translation agencies translation or other accurate translation Chinese translation.

People's Republic of China Hong Kong S.A.R., and Macau S.A.R. and Taiwan's evidence should be in accordance with the relevant provisions of proven procedures. 27th article (ordered suspended business) District market regulatory Council check and price violations about of property, found operators of violations while has following case of, by District market regulatory Council head approved, can law ordered party suspended related business: (a) violations plot complex or plot serious, by identified Hou may give more heavy punishment of; (ii) not suspended related business, violations will continues to of; (three) not suspended related business, may effect illegal facts of finds,

Other measures are not sufficient to ensure the identification.

Ordered to suspend business shall notify the parties in writing, relating to the violations and strictly limited to operating within the independent business shall be included in the scope of suspension.

Ordered to suspend business for periods of not more than 15th; complex, approved by the district in charge of market supervision, can be extended to at most 15th.

28th (sampling and evidence collection procedures) market supervision Bureau sampling to obtain evidence, shall notify the party scene.

Administrative law enforcement personnel shall draw up a sampling of evidence documents, samples and sealed, and the administrative law enforcement personnel and sampling and evidence instruments signed or sealed by the parties.

State and this city on the bodies in the sample or otherwise provides, from its provisions. 29th article (survey forensics party not tie, and not presence of processing) in survey forensics process in the, has following case one of of, should by 2 name administrative law enforcement personnel in record, and sampling forensics instruments Shang indicate reasons, and to recording, and video, audio-visual information be proved; necessary Shi, can invited third party as witnesses: (a) party refused to scene or for objective reasons not presence of; (ii) requirements party in record, and sampling forensics instruments Shang signature, and sealed or to other way confirmed,

Party refuses to sign or seal or otherwise acknowledged.

30th (survey final report) investigation after the end end of the handling agency shall write investigation reports.

Survey final report including the parties are, cause of action, the facts of the case and evidence, investigation, and treatment recommendations proposed administrative penalty, discretionary basis should also include the nature of the cases, penalties applicable, recommendations, penalties and punishments, etc. 31st article (processing recommends) case institutions according to different case, proposed following processing recommends: (a) illegal facts established of, recommends be administrative punishment; (ii) illegal facts not established of, recommends be dismissed; (three) violations minor and timely corrected, no caused against consequences of, recommends not administrative punishment; (four) violations over prosecution limitation of, recommends no longer give administrative punishment; (five) case should transfer other administrative organ jurisdiction or for suspected crime should transferred judicial organ of,

Recommends that the transferred to the relevant organs, (vi) other circumstances dealt with according to law.

Fourth quarter review and informed the 32nd (audited) investigations end, end of the handling agency shall investigate reports and related material legal auditing.

33rd article (audit content) audit of main content including: (a) case whether has jurisdiction right; (ii) party of basic situation whether clear; (three) case facts whether clear, and evidence whether full; (four) qualitative whether accurate; (five) applies according to whether right; (six) punishment CD volume benchmark of applies and processing recommends whether appropriate; (seven) program whether legal.

34th (for approval) legal institutions should submit written comments to the case body and relevant case file refund handling agencies.

Handling agency shall report the investigation ended, comments, on the acceptance of the audit opinion and related materials, marketing head of the Supervisory Board for review and approval.

35th (penalties inform) recommended approval of administrative punishment, market regulatory authority intends to impose administrative penalty should be facts, reasons, evidence, penalties and the statement of the law, the right to defence, and shall inform the parties in writing.

Since the notice of administrative penalty within 3 working days from the date of service, a party statement is not exercised, the right to defence, deemed abandoned.

Operators at the party because of price or other illegal act, consumers pay more money, market regulatory authority shall also inform the Parties shall return the amount, no refund shall be confiscated, and according to the return conditions to be fine.

Article 36th (review of statement and averment) market should fully hear the statements of the parties and the authority argues that the facts, reasons and evidence submitted by the parties, should be recorded by the market supervision Bureau and legal institutions for review. Establishment of the facts and reasons or evidence submitted by the parties, should be adopted.

Administrative penalty shall not be aggravated due to the statement of the parties, to plead.

37th (hearing) proposed by the market authority belongs to the hearing range of administrative penalty, it shall inform the parties have the right to request hearings.

Market authority organizations to carry out activities related to administrative punishment hearing, of the Shanghai administrative punishment hearing procedure shall apply.

38th (legal audit of major administrative punishment decision) is intended to make an important decision of administrative penalty, in accordance with the relevant provisions of the law review.

Fifth section 39th decision (decision making) in charge of market supervision should be ended according to the survey report, audit comments, review comments, hearing transcripts and other materials, given administrative punishment or other decisions are made according to law.

For complicated or serious violations of administrative penalty shall be regulated by the market authorities decided collectively.

Intricate plot or grave violations of administrative punishment criteria, determined by the municipal authorities.

40th (closed period of reorganization) market supervisory authority ordered ordered punishment for price violations related to the parties, ordered closed the longest period not later than 7th. 41st (written decision of administrative penalty) market authority to make the decision on administrative penalty, it shall make a written decision of administrative penalty.

Administrative punishment decided book of content including: (a) party of name or name, and address, basic situation; (ii) violation legal, and regulations or regulations of facts and evidence; (three) administrative punishment of content and according to; (four) adopted party statement, and defence of situation and the reason; (five) administrative punishment of perform way and term; (six) refuses to administrative punishment decided, application administrative reconsideration or filed administrative litigation of way and term; (seven) District market regulatory Council of name and made decided of date;

(H) the law shall set forth the other content.

Written decision of administrative penalty shall be affixed to the market authority's seal.

42nd (disclosure of decision of administrative penalty) market supervision Council made the decision on administrative penalty shall be in accordance with the Shanghai administrative punishment cases provisions of the information disclosure practices, disclosure to the community.

43rd (no decision) market regulation of no administrative penalty decisions made, no written decision of administrative penalty shall be made containing illegal facts and not the reasons and basis for administrative penalty, and served on the party.

44th (case handling period) the case shall make a decision within three months from the date of filing; cannot make a decision within the prescribed period, approved by the district in charge of market supervision, can be extended to at most three months in special circumstances, adjourned still fails to give a decision, shall be submitted to the municipal authorities decide whether to delay and delay period.

Notice of hearings, case processing, inspection, testing, verification, identification, time not included in case processing time limit.

Laws, rules and regulations requiring authority shall order the party to correct the areas, the parties did not meet correct obligations as required by the district will be punished by the market authority, the parties needed to carry out correct obligations not included in the case processing time limit. The fourth chapter of summary procedure in administrative punishment 45th (applicability of summary procedure) illegal facts are clear and there is a statutory basis, below 50 for citizens, legal persons or other organizations impose administrative penalties penalty of 1000 Yuan or given a warning, would be able to make a decision of administrative penalty.

But mitigating actual penalty after penalty types, range in accordance with the foregoing provisions shall not be punished on the spot.

46th (punishment) summary proceedings to investigate violations, should be investigating illegal facts on the spot, to collect the necessary evidence, and compliance with the provisions of article Nineth, tenth and 11th of the relevant provisions.

47th (informed of the punishment on the spot) the Chief law enforcement officers of summary proceedings before administrative punishment decision is made on the spot, shall inform the party making the decision on administrative penalty facts, reason, evidence and a statement of the law, right to be heard.

48th (decision) decision of the administrative law enforcement administrative penalty made on the spot, should fill out a unified production, book format, the series has a number of administrative penalty decision.

Written decision of administrative penalty shall set out the party's basic conditions, illegal acts, administrative penalty according to, type of punishment, the amount of the fine, time, location, remedy, marketing authority name, stamped with the seal of market supervision Council and signed or sealed by the administrative law enforcement personnel. Written decision of administrative penalty shall deliver the party spot and signed or sealed by the parties.

The party refuses to sign or seal, the administrative law enforcement personnel shall indicate the situation.

49th (filing) within 2 working days after the decision on administrative penalty made on the spot, the Chief law enforcement officers should be related material shall file with newspaper area on the market.

The fifth chapter advance registration and preservation, sealing up, distraining 50th (Advanced registration and preservation measures taken) in the case of evidence may be destroyed or lost or difficult to obtain later, market authority may with evidence relating to the alleged violations to take advance registration and conservation measures.
Take, remove the Advanced registration and preservation measures should be approved by the district in charge of market supervision.

Advanced registration and preservation of relevant evidence, administrative law enforcement personnel shall be counted on the spot, issue a notice of advance registration and preservation of evidence and property to the party lists, signed or sealed by the parties and the administrative law enforcement personnel.

During the antecedent register, the party or person concerned shall not be damaged, destroyed, or move evidence. 51st article (first registration save measures of lifted) for first registration save of evidence, should in 7th within take following measures: (a) according to situation timely take records, and copy, and photo, and video, evidence preservation measures; (ii) need test, and detection, and verification, and identification of, timely sent about institutions test, and detection, and verification, and identification; (three) need seized, and seized of, law take seized, and seized measures; (four) illegal facts not established, or illegal facts established but law not should be seized, and

Arrest, decided to lift the advance registration and conservation measures. 52nd (sealing up, distraint procedure) investigation in case of market supervision Council, approved by the district in charge of market supervision according to law to take seizure, seizure of compulsory administrative measures.

In line with the People's Republic of China article 28th of the administrative enforcement Act shall promptly lift the sealing up, distraining.

Sealed premises, facilities, or property, you should use the covered market of EAA Chapter seal seal, no person shall, without authorization, unsealed.

To seal up and detain goods should be a list, or associated persons by law enforcement officials, the parties sign or seal.

53rd (sealed up or seized property management) for sealing up, distraining premises, facilities, or property, market supervision Council shall take good care of, you may not use or damage.

For fresh difficult custody of goods or other property, by the written consent of the parties, and approved by the district in charge of market supervision, retain evidence can take relevant measures were taken for auction or sale and other measures to deal with.

54th (unclaimed goods) on disarmament antecedent register in accordance with law or seal up, distrain goods, market regulatory authority shall inform the party claimed in a timely manner. Is not clear or the parties could not be reached by the parties, market supervision authorities should take notice to notify the parties within six months unclaimed property.

After the expiration of a notice of claimed, unclaimed, marketing can be taken in accordance with the relevant provisions of the EAA auction or sell items, save the variable price on market supervision Bureau in the district account. Within one year from the date of goods remain unclaimed, price deductions for safekeeping, and later turned over to the State Treasury for necessary expenses incurred to process items.

Otherwise stipulated by laws, administrative regulations, and from its provisions.

55th (does not fit, without the presence of the parties) to implement measures such as advance registration saves, attachment or seizure, require the record signed or sealed by the parties and the parties refuse, be noted in the record; parties do not present, inviting witnesses to come along, by the witness and the Chief law enforcement officer in record signed or sealed.

The sixth chapter article 56th (performance) after the decision on administrative penalty according to law, the Party shall, within the term of the decision on administrative penalty, be fulfilled.

57th (extension or staging) parties to apply for an extension or installment payment of fines and illegal income, it shall submit a written application and supporting materials.

Approved by the district in charge of market supervision, agreed with the parties deferred or phased payment of fines and illegal income, market regulatory authority shall inform the parties in writing an extension or staging of the term.

58th (add a fine decision) party fails to pay the fines or confiscated illegal gains, market regulatory authority may, in accordance with an additional fine; additional fine shall not exceed the amount of payment of a fine or the amount of the illegal income.

Market supervision Bureau has decided to add a fine, shall make a written decision on the additional fine and served on the parties.

To add a fine decision shall set forth the party's name or title, address, add a fine decisions reasons and basis, plus a fine of specific amounts, timing and remedies as well as on the Executive's name, seal, and date.

59th (application for court enforcement) parties within the statutory time limit does not apply for administrative reconsideration or bring an administrative suit, nor performs the decision of administrative penalty, market authority may apply to a court for mandatory enforcement according to law. Seventh chapter closed and supervision 60th article (closed instruments) has following case one of of, administrative law enforcement personnel should in 15 a days within making closed instruments, by District market regulatory Council head approved Hou, be closed: (a) decided be dismissed of; (ii) decided not administrative punishment or no longer give administrative punishment of; (three) case transferred has jurisdiction right of sector or judicial organ of; (four) administrative punishment decided perform or implementation finished of; (five) by court judgment or ruled Hou,

Completion or termination of the enforcement proceedings, and (vi) other circumstances that should be settled according to law. 61st (disposal of confiscated property) in addition to the articles shall be destroyed in accordance with law, confiscation of unlawful property or things shall entrust auction houses have a legitimate qualification for auction or in accordance with the relevant provisions of the State.

Confiscation of notes unified processed by relevant departments. Destruction of goods, in accordance with the relevant provisions of the State; not provided, approved by the district in charge of market supervision, by two or more administrative law enforcement officials supervised the destruction, making the destruction of records.

Administrative law enforcement personnel shall sign or affix their seals on the destruction of records, and filmed, photographed on site, and archived for future reference.

Confiscation and forfeiture of the proceeds, should all be turned over to the State Treasury, no unit or individual is allowed to retain, distribute or disguised privately. 62nd (archives) in the implementation of case management and formation of the material should be filing.

Case of case files should be a roll, divided into sub.

63rd (review procedure) municipal authorities ex officio, may order the market authority under the under the to make a decision of administrative handling within the prescribed period be reviewed.

Markets authority shall, within the prescribed period of personnel to review the administrative decision to separate organizations, and will review the decisions submitted to the municipal authorities.

During the eighth chapter and served on the 64th (period) during the day, month, year, and during the day are not counted.

Period expires on the last day is a statutory holiday, immediately after the first date as the date of the expiration of the period, but marketing term of handling of the authority, shall not be extended. Period shall not include traveling time.

Before the expiration of the administrative law enforcement instruments mailed, not too late.

65th (service of the penalty decision) written decision of administrative penalty shall proclaim the spot after the party; without the presence of the parties, and market regulatory authority should be in accordance with the 66th in the 7th, 67th regulations, administrative penalty written decision to the parties. 66th (service) served on the administrative punishment instrument shall be delivered directly to the addressee.

By served people is citizens of, I is not make its with live adult family sign; by served people is corporate or other organization of, should by corporate of statutory representative people, and other organization of main head or the corporate, and organization is responsible for received pieces of people sign; by served people has delegate received instruments agent of, can sent its agent sign; by served people has to district market regulatory Council specified generation received people of, sent generation received people sign.

By served people or he of with live adult family refused to received instruments of, served people can invited about grass-roots organizations or where units of representative scene, description situation, in served back card Shang remember Ming rejected causes and date, by served people, and witnesses signature or sealed, put instruments left in by served people of residence; also can put instruments left in by served people of residence, and used photo, and video, way records served process, that considered served.

Market supervisory authority according to the actual situation, mailing service, delegate, served; apart from the written decision of administrative penalty, through service agreed, or using fax, e-mail to confirm receipt of service. 67th (service) the addressee is unknown, or direct service, Lien delivered, commissioned service, service by mail and other means could not be delivered, service by public announcement. Service by publication, marketing authority would give in market supervision Council bulletin notices and the addressee's domicile, or you can notice in the newspaper, published on the Government website and other media.

Notices to the addressee's home, photograph, video record posting process should be taken.

Spontaneous announcement date, after 60 days the service shall be considered.

Service by publication, shall be recorded in the files of the reasons and after.

Nineth chapter supplementary articles article 68th (concepts) in the present provisions of "above" and "below" "within", are included in this number.

Handling bodies in these rules refers to market authority by administrative law-enforcement agencies and market supervision.

Area in charge of market supervision in these rules refers to main responsible or in charge of the head.

69th (accountability) marketing illegal imposition of administrative penalty authority staff, according to the Shanghai administrative enforcement of the fault responsibility investigation measures such as provision of administrative liability of those serious cases, suspected of a crime, and transferred to the judicial authorities.

70th (special provisions apply) market authority in handling administrative punishment cases, involving the processing of complaints, reports and inform, in accordance with the relevant provisions of the State.

Implementation of intellectual property rights trademarks, Pudong new area administrative penalties against illegal acts, the present provisions shall apply.

71st (mutatis mutandis) have a clearly defined subject to this provision, but municipal authorities impose administrative penalties, can refer to the application of the provisions on the filing time limit, shall be ordered to suspend business and then immediately the decision for the record and other related procedures.



72nd (execution date) these provisions shall take effect on November 1, 2016.