Haikou City Urban Management Comprehensive Administrative Law Enforcement Regulations (Draft)
Chapter I General Provisions
Article 1 In order to regulate the behavior of comprehensive administrative law enforcement of urban management, promote administration in accordance with the law, improve the efficiency and level of comprehensive administrative law enforcement, and protect the lawful rights and interests of citizens, legal persons and other organizations, and in accordance with the "Law of the People's Republic of China on Administrative Penalty," "the People's Republic of China on Administrative Compulsory Law" and other relevant laws and regulations, combined with the actual situation in the city, the formulation of these regulations.
Article 2 of the Ordinance applies to the administrative area of the city's urban management comprehensive administrative law enforcement activities.
Article III of the regulations referred to in the integrated administrative law enforcement of urban management (hereinafter referred to as integrated law enforcement) refers to the city, district urban management integrated administrative law enforcement departments (hereinafter referred to as integrated law enforcement departments) according to the relative centralized exercise of the relevant administrative departments of urban management of the administrative penalties and administrative coercive power, the relevant violations of the unified implementation of administrative law enforcement behavior.
Article IV of the city to implement the district, town (street) based on the comprehensive law enforcement system.
Municipal urban management integrated administrative law enforcement departments (hereinafter referred to as the municipal comprehensive law enforcement department) is responsible for the supervision and management of the city's comprehensive law enforcement, coordination and organization of the implementation of these regulations.
District urban management comprehensive administrative law enforcement departments (hereinafter referred to as district comprehensive law enforcement departments) is responsible for the specific organization and implementation of comprehensive law enforcement work within the jurisdiction.
Municipal and district comprehensive law enforcement departments according to need can be in the town, street and specific areas set up or stationed comprehensive law enforcement agencies, responsible for the performance of the specific duties of comprehensive law enforcement.
District, town people's government, the street office is responsible for organizing and coordinating the relevant units with comprehensive law enforcement agencies to carry out integrated law enforcement activities.
Article V planning, land, housing, transportation, traffic police, food and drug supervision, water, marine fisheries, health, municipal, gardening, sanitation, industry and commerce, environmental protection, human defense, seismic, civil affairs, judicial administration and other relevant departments, should be in accordance with their respective responsibilities to cooperate with the comprehensive law enforcement agencies to implement the Regulations.
Article 6 of the comprehensive law enforcement departments are government departments, with independent administrative law enforcement subject qualifications and status. Comprehensive law enforcement departments by the people's governments at all levels of funding included in the financial budget management.
Article VII of the municipal and district people's governments should be based on the regional area, population size, management needs and other conditions, a reasonable allocation of comprehensive law enforcement personnel and auxiliary law enforcement personnel.
Article VIII comprehensive law enforcement personnel shall be in accordance with the "Chinese People's *** and the State Civil Service Law" and other relevant provisions to take the examination, assessment and other methods of recruitment and management on merit. Comprehensive law enforcement personnel enjoy field allowance.
Article IX comprehensive law enforcement departments and their law enforcement officers shall strictly abide by the laws, rules and regulations, adhere to the reasonable and lawful, open and fair, timely and efficient principle of civilized law enforcement, adhere to the combination of penalties and education, management and diversion, law enforcement and service, focusing on the correction of illegal acts and the education of offenders.
Chapter II scope of duties and jurisdiction
Article 10 of the comprehensive law enforcement duties include:
(a) the exercise of cityscape and environmental sanitation management laws, regulations, rules and regulations provide for administrative penalties, according to law, mandatory demolition does not meet the standards of urban appearance, environmental sanitation standards of buildings or facilities;
(b) the exercise of urban planning management (ii) Exercise the right to administrative penalties prescribed by laws, rules and regulations in the management of urban planning;
(iii) Exercise the right to administrative penalties prescribed by laws, rules and regulations in the management of urban greening;
(iv) Exercise the right to administrative penalties prescribed by laws, rules and regulations in the management of municipal facilities;
(v) Exercise the right to administrative penalties prescribed by laws, rules and regulations in the management of the construction market;
(vi) Exercise the right to administrative penalties prescribed by laws, rules and regulations in the management of the construction market;
(F) Exercise gas management laws, rules and regulations of the right to administrative penalties;
(G) Exercise of industrial and commercial administration laws, rules and regulations of the right to administrative penalties for unlicensed business without a fixed place of business, as well as outdoor public **** in the city roads and on both sides of the place of distribution of advertising printed matter;
(VIII) Exercise environmental protection Management of laws, regulations, rules and regulations on social life noise pollution, noise pollution from construction; dust emissions into the atmosphere, food service industry fumes pollution; burning in populated areas to produce toxic and harmful soot and malodorous gases; in populated areas, airports around, near the main traffic arteries, and other areas of open burning straw, leaves, garbage and other soot pollutants; failure to take combustion prevention, Dust measures in urban population centers to store bulk materials; not take sealing measures or other protective measures to transport, loading and unloading or storage can emit toxic and hazardous gases, dust material caused by urban air pollution; to the urban water discharge, dumping waste; in the city roads, street public **** place to engage in the repair of vehicles, vehicle washing and other environmentally polluting operations, street sales of coal, cement, lime or construction works resulting in dust pollution. Construction works caused by dust pollution; in urban population centers, unauthorized occupation of roads, open-air barbecue, stalls produce smoke pollution and other acts of administrative punishment;
(ix) the exercise of food and drug supervision and management of laws, regulations, rules and regulations of unlicensed vendors operating illegally in the right to administrative punishment;
(x) the exercise of water management laws, regulations, rules and regulations of urban drainage without obtaining a permit. (k) exercise the property management laws, rules and regulations of property enterprises and development and construction units of the right to administrative penalties for violations;
(l) exercise of health management laws, rules and regulations of vectorial organisms prevention and control, and the development and construction units Provisions of the vector biological prevention and control and control of smoking violations of the right to administrative penalties;
(xiii) according to law can be included in the comprehensive law enforcement of other duties.
The specific scope of duties by the municipal people's government in accordance with the provincial people's government to decide.
Article 11 of the Municipal People's Government may, according to the needs of urban management, the scope of urban management comprehensive law enforcement adjustments, reported to the Provincial People's Government for approval after the announcement and implementation.
Article 12 of the comprehensive law enforcement departments should strengthen the key time, key road, key areas of the comprehensive law enforcement force.
Article 13 of the comprehensive law enforcement implementation of territorial management, violations of the law by the district where the occurrence of comprehensive law enforcement departments or comprehensive law enforcement agencies have jurisdiction. The flow state of the violations, the neighboring regions of the comprehensive law enforcement departments or comprehensive law enforcement agencies have jurisdiction.
Comprehensive law enforcement agencies in the districts of comprehensive law enforcement departments or comprehensive law enforcement agencies due to disputes over jurisdiction, by the disputing parties to negotiate a solution; negotiation can not be resolved, by the municipal comprehensive law enforcement agencies to designate jurisdiction.
Chapter III of the law enforcement norms and measures
Article 14 of the comprehensive law enforcement departments in the investigation and handling of violations, should be comprehensive, objective and impartial investigation, evidence collection, in accordance with the provisions of laws and regulations to implement the administrative penalties and administrative coercion.
Article 15 of the comprehensive law enforcement departments should be unified law enforcement signs and logos, uniform clothing, uniform law enforcement instruments, unified law enforcement norms, unified equipment and technical standards.
Article XVI of the comprehensive law enforcement personnel shall be qualified by examination and obtain an administrative law enforcement license before engaging in comprehensive law enforcement activities.
Article XVII comprehensive law enforcement personnel in law enforcement activities should be wearing comprehensive law enforcement uniforms, civilized law enforcement. Law enforcement shall not be less than two people, and shall show the administrative law enforcement documents to the parties or persons concerned.
Article 18 of the comprehensive law enforcement departments in accordance with the needs of the work and approved by the people's government at the same level, can hire auxiliary law enforcement personnel to assist in law enforcement work. Auxiliary law enforcement personnel can undertake law enforcement in the process of affairs, to discourage illegal behavior, stop, but shall not exercise the right of administrative inspection, administrative coercive power and administrative punishment.
Comprehensive law enforcement departments shall develop auxiliary law enforcement personnel management regulations, strengthen the training of auxiliary law enforcement personnel and supervision and management.
Article 19 of the comprehensive law enforcement departments shall establish a daily inspection system, timely detection and investigation of violations within the scope of comprehensive law enforcement duties.
Comprehensive law enforcement departments shall establish and improve the complaint, reporting system, to the public complaints, reporting telephone and mailboxes, e-mail. Comprehensive law enforcement departments to receive complaints, reports should be promptly registered and arranged for law enforcement officers to the scene within half an hour to verify the processing, does not belong to the comprehensive law enforcement department's responsibilities, it should be informed of the complaint, the informant to the relevant administrative departments to file a complaint, report, or within three days of the transfer of the relevant administrative departments.
Comprehensive law enforcement departments should be for the complaint, the whistleblower confidentiality, and within sixty days of the results to the complaint, the whistleblower feedback.
Article 20 of the integrated law enforcement departments in the investigation and handling of violations, according to the nature of the violation and the harmful consequences of the specific circumstances, to make different administrative penalty decision. Violations of the law is minor and timely correction, did not cause harmful consequences, no administrative penalty. For minor violations or harmful consequences can be eliminated in a timely manner, in addition to laws, regulations, rules and regulations directly to administrative penalties, the comprehensive law enforcement departments should be the first party to education, exhortation, guidance, and ordered to make corrections or a deadline for rectification; on the refusal to make corrections or overdue corrections, according to the law, given administrative penalties.
Violations constitute a crime, the comprehensive law enforcement departments shall transfer the case to the judicial authorities according to law.
Article 21 of the comprehensive law enforcement departments in the administrative penalty decision before, shall inform the parties to make administrative penalty decision of the facts, reasons, basis, and inform the parties to enjoy the right to state, plead, request a hearing and apply for administrative reconsideration or bring an administrative lawsuit.
Article 22 of the comprehensive law enforcement departments in the investigation and handling of violations, may take the following measures:
(a) inquire about the party's identity, address, contact phone number, business license of the legal person and other basic information;
(b) questioning of the parties, witnesses, and to produce interrogation transcripts;
(c) investigating, collecting and retrieving physical evidence, inspection, access or copying of Relevant information. Physical evidence retrieval is inconvenient, you can take photographs or video reflecting the shape or content of the original object, and indicate the situation;
(d) the implementation of illegal activities related to the investigation of the premises, take photographs of the scene, audio and video recordings, make investigation records;
(e) according to law to enter the premises where the violation is occurring to carry out inspections, to collect evidence of the violation of the law to stop illegal activities;
(f) to enter the premises where the violation is occurring, to collect evidence of the violation of the law to stop the violation of the law;<
(F) other measures provided by laws, regulations and rules.
The production of interrogation notes shall be signed or stamped by the parties and law enforcement officers. The parties or witnesses refused to sign, the law enforcement officers signed and noted in the transcript.
Comprehensive law enforcement officers to conduct investigations or inspections, the parties or persons concerned should be assisted and shall not be obstructed.
Article 23 of the comprehensive law enforcement departments in the evidence may be lost or difficult to obtain later, with the approval of the person in charge of the comprehensive law enforcement departments, can be registered and preserved or to the notary public for the preservation of evidence.
The implementation of the first registration and preservation, should be made on the spot list, the comprehensive law enforcement departments and the parties signed or sealed and delivered to the parties. The list shall contain the following matters:
(a) the party's name or name, address;
(b) the name of the first registration and preservation of the items, types, specifications, quantities and the degree of intact;
(c) the name of the administrative organ, seal and date.
The first registration and preservation of evidence, comprehensive law enforcement departments should be within seven days to make a decision to deal with the late decision is deemed to be automatically lifted.
Article 24 of the comprehensive law enforcement departments to investigate and deal with violations of the law, can be implemented in accordance with the law, such as seizure, detention and other administrative coercive measures, and enforced according to law.
Article 25 of the following circumstances, the comprehensive law enforcement departments can seize the violation of the person using tools and business, peddling items:
(a) the operator without authorization beyond the business address of the door, window, external wall business, operations or display of goods or beyond the leased area of the business site for sale business;
(b) unauthorized in the city roads, footbridges, Underpasses and other public **** place to set up stalls business, peddling goods;
(C) laws and regulations of other circumstances.
Article 26 of the comprehensive law enforcement departments to take seizure, seizure measures, shall promptly investigate the facts and make a decision within the statutory period. The facts of the offense is clear, the law should be confiscated tools and other items to be confiscated; laws and administrative regulations should be destroyed, destroyed according to law. Destruction process should be photographed or videotaped to be recorded. The offense is not established or no longer need to take seizure, seizure measures, comprehensive law enforcement departments shall immediately lift the seizure, seizure measures.
Article 27 of the comprehensive law enforcement departments shall properly custody of the seized items, shall not be used or destroyed. Belonging to illegal items or flammable, explosive substances, hazardous chemicals and other dangerous goods, shall be promptly transferred to the relevant departments.
Seizure, seizure of live goods or other items that are not easy to keep, the party should be notified within twenty-four hours to the designated place to accept the investigation and processing. The parties do not accept the investigation and processing of the late, by the statutory inspection agency inspection of qualified items, approved by the head of the integrated law enforcement departments, can be auctioned or sold; can not be auctioned, sold, approved by the head of the integrated law enforcement departments, and sent directly to the right to operate (use) the acquisition of the unit; there is no value or does not meet the standards of product quality and food hygiene standards, retained evidence and then destroyed.
Article 28 of the first registration and preservation, sealing, seizure measures lifted, the comprehensive law enforcement departments shall immediately notify the parties to reclaim the relevant items; unable to notify the comprehensive law enforcement departments should be announced on the website and bulletin boards. Notice or announcement of the expiration of the period, the party has not claimed, the comprehensive law enforcement department shall regularly issue a notice of claim, the party shall be issued within sixty days from the date of the notice of claim. Losses caused by the overdue recovery shall be borne by the party concerned.
Has been live goods or other property that is not easy to keep at auction or sale, return the auction or sale proceeds. The sale price is significantly lower than the market price, causing losses to the parties shall be compensated.
Article 29 of the comprehensive law enforcement departments on the seizure, the handling of seized property shall be registered and archived.
Article 30 of the comprehensive law enforcement departments shall serve legal documents according to law.
Comprehensive law enforcement departments to serve legal documents, should be sent directly to the parties. The parties are not in the domicile, the comprehensive law enforcement departments can be outside the domicile of the parties directly to the parties to serve legal documents. The party refused to sign the return of service, the use of photographs, videos and other ways to record the process of service is deemed to be served.
Comprehensive law enforcement agencies in accordance with the law to use public notice to serve legal documents, can be published in newspapers or their portals, can also be in the comprehensive law enforcement agency bulletin boards and the residence of the person to be served with the posting of the announcement. Service shall be deemed to have been effected after sixty days have elapsed from the date of issuance of the notice. If the notice is posted at the residence of the person to be served, the posting process shall be recorded by taking photographs and videos.
Article 31 of the parties to the late fulfillment of the administrative penalty decision, the comprehensive law enforcement departments may take the following measures:
(a) late payment of fines, a daily fine of three percent of the amount of the fine, and the amount of the fine shall not exceed the amount of the original fine;
(b) in accordance with the provisions of the law, will be seized, the property seized at auction against the payment of fines
(C) the party really has financial difficulties can not pay the fine, the party's application and the head of the law enforcement department approval, can be suspended or installment payment, or according to the party's will to arrange for their participation in social services related to urban management;
(D) notify social insurance, housing, market supervision, financial supervision, public **** credit institutions will be the party's (d) notify social insurance, housing security, market supervision, financial supervision, public **** credit and other institutions to enter the person's information into the personal credit system, according to the severity of the violation of the law to punish the loss of credit, and through the newspaper, radio and television, website, etc. to the public;
(e) apply to the people's court for compulsory execution.
Chapter IV Law Enforcement Protection and Collaboration
Article 32 of the comprehensive law enforcement personnel in accordance with the law to carry out administrative law enforcement activities are protected by law. Any organization or individual shall not obstruct, hinder the comprehensive law enforcement personnel to perform their official duties in accordance with the law.
Article 33 of the municipal and district people's governments shall strengthen the comprehensive law enforcement team construction. Municipal and district comprehensive law enforcement departments shall establish comprehensive law enforcement team training mechanism, strengthen the business and other special training to improve the comprehensive quality of the comprehensive law enforcement team and law enforcement capabilities.
Article 34 of the municipal and district people's governments shall gradually realize the modernization of law enforcement means, and according to the needs of law enforcement, and constantly improve the comprehensive law enforcement facilities, equipment and equipment, to protect the comprehensive law enforcement departments to perform their duties in accordance with the law.
Article 35 of the municipal law enforcement departments shall establish a comprehensive law enforcement information management and service platform, timely detection of violations, timely investigation and timely feedback, through the network information platform and other scientific and technological means to enhance the comprehensive law enforcement management level.
Article 36 of the municipal and district people's governments shall establish public participation in urban management mechanism, mobilize social organizations and residents within the jurisdiction to participate in urban management, timely detection and reporting of various types of urban management violations.
Resident (village) committees, property service enterprises in the region of the violation of urban management order, shall promptly report and assist the comprehensive law enforcement departments to deal with the law.
Article 37 of the municipal and district people's governments shall establish comprehensive law enforcement departments and public security departments of the joint law enforcement mechanism, adhere to the unified scheduling, co-location, the principle of local management, to increase joint law enforcement efforts, optimize the allocation of resources for social management and law enforcement, and improve law enforcement effectiveness.
The public security departments should set up specialized agencies, with full-time staff, co-located with the integrated law enforcement departments, cooperate with and safeguard the integrated law enforcement departments to carry out integrated law enforcement work in accordance with the law.
In the city square, commercial centers, important places, major roads, airports, stations, terminals and other key areas, by the public security, urban management, transportation departments **** with the establishment of patrol groups or joint law enforcement workstations, timely detection of violations, and to strengthen the control of key areas of the city.
Article 38 of the municipal and district people's governments shall establish comprehensive law enforcement departments and related administrative functions of the law enforcement linkage system, joint meeting system, notification of major issues, information **** enjoyment of the system, with the collaboration of the system, to strengthen the daily business contacts, and timely notification of the relevant administrative management and comprehensive law enforcement information.
Article 39 of the integrated law enforcement departments and relevant administrative departments shall establish a case referral and handling feedback system. Comprehensive law enforcement departments in law enforcement activities, found by law should be investigated and dealt with by the relevant administrative departments, should be stopped in a timely manner and within three days of the relevant administrative departments to deal with; the relevant administrative departments in the performance of their duties in the process of found by law should be investigated and dealt with by the comprehensive law enforcement departments of the law, should be stopped in a timely manner and within three days of the letter to deal with the comprehensive law enforcement departments.
Article 40 of the comprehensive law enforcement departments to investigate and deal with violations of the need to query the relevant information, the relevant administrative departments should be provided within three working days without compensation.
The need for the relevant administrative departments to provide professional opinion, the relevant departments shall receive a letter of assistance within seven working days from the date of issuance of a clear professional opinion and attached to the relevant basis. The complexity of the situation can not be provided on time, the relevant functional departments should be in writing to explain the reasons and a clear response period.
Article 41 The offender refuses to provide identity information to the comprehensive law enforcement departments, law enforcement officers can contact the public security department for on-site assistance. The public security department shall send officers to the scene within half an hour to assist in processing.
Article 42 of the comprehensive law enforcement officers in the performance of their duties, the refusal, obstruction of law enforcement, shall promptly report to the police; public security organs of the comprehensive law enforcement officers to obstruct the performance of their duties in accordance with the law, should be promptly stopped; violations of the "Chinese People's Republic of China *** and the State Administration of Public Security Punishment Law" shall be punished in accordance with the law; the use of violence, threats, and other methods constituting a crime shall be investigated according to law. Criminal responsibility.
Chapter V Supervision of Law Enforcement
Article 43 of the municipal and district people's governments shall strengthen the supervision and inspection of comprehensive law enforcement work. Comprehensive law enforcement departments do not fulfill their duties in accordance with the law, as well as the relevant administrative functions of the comprehensive law enforcement work is not in accordance with the law to cooperate, shall be ordered to make corrections and shall be investigated for administrative responsibility.
Article 44 of the higher comprehensive law enforcement departments found that the lower comprehensive law enforcement departments have improper or illegal specific administrative acts, shall order correction or revocation, found that it does not fulfill the duties of law enforcement, shall order correction or investigation according to law.
Article 45 of the municipal law enforcement departments shall establish and improve the administrative law enforcement supervision mechanism, the implementation of administrative law enforcement supervision and inspection, evaluation and assessment, supervision and inspection, accountability and other supervision systems, supervise the comprehensive law enforcement departments and their law enforcement officers to perform their duties and exercise their powers in accordance with the law.
Article 46 of the comprehensive law enforcement departments shall be the scope of responsibilities, the basis for law enforcement, law enforcement procedures, penalties, and supervision of the telephone number in the website and service window open to the public, and accept social supervision.
Citizens, legal persons and other organizations found that comprehensive law enforcement officers in law enforcement inappropriate or illegal behavior, the right to their units, higher administrative departments or supervisory departments to report, complain, receive complaints, complaints of the department shall promptly verify the handling.
Article 47 of the comprehensive law enforcement departments should be established to regularly listen to public advice, judicial advice, prosecutorial advice system, and constantly improve the level of law enforcement.
Chapter VI Legal Liability
Article 48 of the comprehensive law enforcement departments and their staff have one of the following behaviors, shall be given administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility:
(a) do not fulfill the duty of inspection, failed to detect violations in a timely manner, or found that they do not stop the seriousness of the situation;
(b) unlawfully using the Or damage to the preservation, seizure, detention of tools and articles, causing damage to the parties;
(C) rough law enforcement, causing damage to the person or property of citizens, to legal persons or other organizations;
(D) leaking the informant's information, the circumstances of the case are serious;
(E) to help the perpetrators of violations of the law to avoid investigation and handling of the case, the circumstances are serious;
p> (F) should be transferred to the judicial authorities to pursue criminal responsibility is not transferred to administrative penalties in lieu of criminal penalties;
(VII) the interception and retention, private seizure, confiscation of goods or fines;
(VIII) the use of the convenience of his position, solicitation or acceptance of other people's property;
(IX) other abuses of power, neglect of duty, favoritism and malpractice.
Article 49 of the comprehensive law enforcement departments and their staff to exercise their powers in violation of the lawful rights and interests of citizens, legal persons or other organizations caused damage, shall bear the liability for compensation.
Article 50 of the relevant administrative departments and their staff in violation of the provisions of these regulations, do not fulfill the obligations of comprehensive law enforcement collaboration, resulting in serious consequences, shall be given administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility.
Article 51 Citizens, legal persons or other organizations to obstruct the comprehensive law enforcement personnel to perform their duties in accordance with the law, one of the following circumstances, by the public security departments in accordance with the "Chinese People's Republic of China *** and the State Public Security Administration Punishment Law" of the relevant provisions of the law to deal with, constitutes a crime, and shall be investigated for criminal responsibility:
(a) violence, threatening to obstruct the comprehensive law enforcement personnel to carry out their duties in accordance with the law;
(i) violence, threatening to obstruct the comprehensive law enforcement personnel to carry out their duties in accordance with the law; <
(ii) obstructing the passage of law enforcement vehicles or destroying law enforcement vehicles and law enforcement equipment;
(iii) disrupting the public **** order or office order, resulting in the integrated law enforcement work can not be carried out normally;
(iv) law enforcement officers and their close relatives to threaten, insult, assault or retaliation;
(v) other cases of obstruction of the integrated law enforcement The circumstances that prevent the officers from carrying out their duties in accordance with the law.
Chapter VII Supplementary Provisions
Article 52 of the specific application of these regulations by the Municipal People's Government is responsible for interpretation.
Article 53 of the Regulations shall come into force on January 1, 2013.