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Decision of Jiangxi Provincial People's Government on Abolishing 4 Regulations and Amending 16 Provincial Government Regulations

1. Abolish four provincial government regulations

(1) Provisions on the administration of administrative bills in Jiangxi Province (promulgated by Decree No.55 of Jiangxi Provincial People's Government on June 28, 1997, amended by Decree No.134 of Jiangxi Provincial People's Government on June 31, 2114, and amended by Decree No.241 of Jiangxi Provincial People's Government on September 29, 2119).

(II) Measures for the Administration of Two Lines of Revenue and Expenditure of Administrative Fees in Jiangxi Province (Promulgated by Decree No.86 of Jiangxi Provincial People's Government on February 11, 1998).

(3) Measures for Handling Personnel Disputes in Jiangxi Province (promulgated by Decree No.153rd of Jiangxi Provincial People's Government on October 6, 2116).

(4) Measures for the Administration of Grain Purchase Qualification License in Jiangxi Province (promulgated by Order No.136 of Jiangxi Provincial People's Government on February 1, 2114, amended by Order No.212 of Jiangxi Provincial People's Government on October 21, 2112, amended by Order No.227 of Jiangxi Provincial People's Government on February 4, 2117 and amended by Order No.241 of Jiangxi Provincial People's Government on September 29, 2119). Second, some clauses of 16 provincial government regulations shall be revised

(1) Measures for the implementation of administrative law enforcement supervision in Jiangxi Province.

1. Paragraph 1 of Article 12 is amended as: "Normative documents formulated by people's governments at all levels and administrative law enforcement departments shall be announced to the public according to law, and shall be submitted to the relevant authorities for the record in accordance with the Measures for the Administration of Administrative Normative Documents in Jiangxi Province within 15 days from the date of promulgation."

2. Item 2 of Article 14 is amended as: "The qualification level is lowered, the license is revoked, the production and business activities are restricted, the production and business operation are ordered to stop, the business is ordered to close, and the employment is restricted;"

(2) Provisions on the hearing procedure of administrative punishment in Jiangxi Province.

1. Article 2 is amended as: "Administrative organs at all levels within the administrative region of this province or organizations authorized by laws and regulations (hereinafter referred to as administrative punishment enforcement organs) shall inform the parties of their right to request a hearing when they intend to make the following administrative punishment decisions:

" (1) Impose a fine of more than 3,111 yuan on citizens, a fine of more than 21,111 yuan on legal persons or other organizations, or confiscate illegal income and property equivalent to this amount;

"(2) lowering the qualification level and revoking the license;

"(3) Ordering to stop production or business, ordering to close down or restricting employment;

"(4) other heavier administrative penalties;

"(5) Other circumstances stipulated by laws, regulations and rules."

2. in the first paragraph of article 16, "within 3 days from the date of receiving the notification of the hearing" is amended as "within 5 days after the notification of the administrative organ".

3. the first paragraph of article 23 is amended as: "the evidence of hearing includes documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, statements of the parties, expert opinions, transcripts of inquests, on-site transcripts, etc."

4. in the first paragraph of article 25, "the clerk will explain the situation in the hearing record" is amended as "the presiding hearer will indicate it in the record".

5. in article 29, "in accordance with article 38 of the administrative punishment law of the people's Republic of China" is amended as "in accordance with article 57 of the administrative punishment law of the people's Republic of China".

6. Item 2 of Article 32 is amended as: "The parties and their agents refuse to attend the hearing without justifiable reasons or withdraw from the hearing without permission;"

(3) Jiangxi Province regulates the administrative penalty discretion.

1. The first paragraph of Article 7 is amended as: "No administrative penalty shall be imposed according to law under any of the following circumstances:

" (1) A minor under the age of 14 commits an illegal act;

"(2) mental patients and mentally disabled people have committed illegal acts when they cannot identify or control their own behavior;

"(3) the illegal act is minor and corrected in time, without causing harmful consequences;

"(4) the parties have enough evidence to prove that there is no subjective fault, except as otherwise provided by laws and administrative regulations;

"(5) the illegal act has not been discovered within two years, or the illegal act involves the life, health and safety of citizens, financial security and has harmful consequences, and has not been discovered within five years, unless otherwise stipulated by law;

"(6) Others who are not subject to administrative punishment according to law."

2. The first paragraph of Article 8 is amended as: "When formulating the execution standard of giving a lighter or mitigated administrative punishment, the following circumstances shall be considered:

" (1) A minor who has reached the age of 14 but is under the age of 18 commits an illegal act;

"(2) The mentally ill and mentally handicapped who have not completely lost the ability to recognize or control their own behavior commit illegal acts;

"(3) voluntarily eliminating or mitigating the harmful consequences of illegal acts;

"(4) being coerced or tricked into committing illegal acts by others;

"(5) voluntarily confessing illegal acts that the administrative organ has not yet mastered;

"(6) having rendered meritorious service in cooperating with administrative organs to investigate and deal with illegal acts;

"(7) Other administrative punishments that should be given a lighter or mitigated according to laws, regulations and rules."

3. in article 12, the "measures for the filing of regulatory documents in Jiangxi province" is amended as "measures for the administration of administrative regulatory documents in Jiangxi province".

(4) Decision of Jiangxi Provincial People's Government on the exercise of some provincial-level economic and social management authority by Ganjiang New District.

1. the "original implementing organ: provincial industry and information commission" in items 4, 5 and 6 of the annex is amended as "original implementing organ: provincial department of industry and information technology".

2. in items 12 and 13 of the annex, "original implementing organ: provincial forestry department" is amended as "original implementing organ: provincial forestry bureau".

3. The original implementing organ: Provincial Health and Family Planning Commission in Item 14, Item 15, Item 16, Item 17 and Item 18 of the annex is amended as the original implementing organ: Provincial Health and Wellness Commission.

4. "Original implementing organ: Provincial Health and Family Planning Commission" in Item 19 and Item 21 of the annex; Remarks: "Reporting to the Provincial Health and Family Planning Commission for the record" is changed to "Original implementing organ: Provincial Health and Wellness Commission; Remarks: Report to the Provincial Health and Wellness Commission for the record ".

5. in items 21, 22, 23, 24, 25, 26, 27 and 28 of the annex, "the original implementing organ: provincial press, publication, radio, film and television bureau" is amended as "the original implementing organ: provincial press and publication (copyright) bureau".

6. in items 31, 32, 33, 36, 37, 39 and 41 of the annex, "the original implementing organ: provincial food and drug administration; Remarks: The green channel for examination and approval was established by the Provincial Food and Drug Administration before the corresponding conditions were met, and it was revised as "the original implementing organ: the Provincial Drug Administration; Remarks: Before the corresponding conditions are met, the Provincial Drug Administration will set up a green channel for approval. "

7. attach the