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Measures for the implementation of the administrative punishment right of relatively concentrated cities in Hangzhou (revised on 20 19)
Chapter I General Provisions Article 1 In order to strengthen urban management, maintain urban order, improve the level and efficiency of administrative law enforcement, optimize the law enforcement environment, and protect the legitimate rights and interests of citizens, legal persons and other organizations, these measures are formulated in accordance with the Administrative Punishment Law of the People's Republic of China, the Reply of the Legislative Affairs Office of the State Council on the Pilot Work of Developing Relatively Centralized Administrative Punishment in Hangzhou, Zhejiang Province, and the provisions of relevant laws and regulations. Article 2 These Measures shall apply to the urban area of Hangzhou. Article 3 The Urban Management Administrative Law Enforcement Bureau is an administrative organ authorized by the State Council, approved by the Legislative Affairs Office of the State Council and approved by the provincial government to exercise the administrative punishment power of urban management relatively centrally.

The municipal and district people's governments shall set up the Urban Management Administrative Law Enforcement Bureau according to law, and exercise the power of administrative punishment of urban management relatively centrally within their respective jurisdictions in accordance with the provisions of these Measures. The law enforcement business of the District Bureau of Urban Management and Law Enforcement accepts the leadership of the Municipal Bureau of Urban Management and Law Enforcement.

The Urban Management Law Enforcement Bureau shall establish an urban management law enforcement team, and implement a set of institutions with the Urban Management Law Enforcement Bureau (hereinafter referred to as the Urban Management Law Enforcement Bureau) to implement administrative punishment in the name of the Urban Management Law Enforcement Bureau, and the Urban Management Law Enforcement Bureau shall bear legal responsibilities. Fourth urban management administrative law enforcement organs should implement unified command and hierarchical management.

The appointment, removal and transfer of the main person in charge of the urban management administrative law enforcement organs in each district shall solicit the opinions of the municipal urban management administrative law enforcement organs in advance.

City urban management administrative law enforcement organs uniformly exercise the business leadership of the city's urban management administrative law enforcement work, organize, coordinate, supervise and assess the city's urban management administrative law enforcement work, and uniformly organize the employment, training, assessment, rewards and punishments of urban management administrative law enforcement personnel.

Urban management administrative law enforcement organs shall exercise the power of administrative punishment in accordance with their jurisdiction. When necessary, the municipal administrative law enforcement organs of urban management can command and mobilize the administrative law enforcement personnel of urban management in all districts to investigate and deal with illegal acts. Article 5 Urban management administrative law enforcement organs shall establish a rotation exchange system for law enforcement personnel, implement the responsibility system for administrative law enforcement and the appraisal system, and effectively improve the level of administrative law enforcement. Sixth units and individuals shall actively support the administrative law enforcement organs of urban management in performing their official duties, and have the right to stop and expose violations of urban management. Chapter II Duties Article 7 The specific duties of the urban management administrative law enforcement organs are:

(1) Exercising the right of administrative punishment stipulated by laws, regulations and rules on the administration of city appearance and environmental sanitation, and forcibly demolishing buildings or facilities that do not meet the standards of city appearance and environmental sanitation;

(two) to exercise the right of administrative punishment as prescribed by laws, regulations and rules of urban planning management;

(three) to exercise the right of administrative punishment stipulated by laws, regulations and rules on urban greening management;

(four) to exercise the right of administrative punishment as prescribed by laws, regulations and rules on municipal administration;

(five) the exercise of environmental protection management laws, regulations, rules and regulations on social life noise pollution and construction noise pollution, urban catering service industry pollution behavior of administrative punishment;

(6) Exercising the right of administrative punishment against unlicensed vendors as stipulated by laws, regulations and rules on industrial and commercial administration;

(seven) to exercise the right of administrative punishment for road occupation as stipulated by laws, regulations and rules of public security traffic management;

(eight) the exercise of laws, regulations, rules and other duties stipulated by the provincial and municipal people's government.

The functions and powers stipulated in the preceding paragraph can be gradually put in place at the initial stage of the establishment of urban management administrative law enforcement organs. If it has not been exercised by the administrative law enforcement organs of urban management, it shall still be exercised by the administrative law enforcement organs that originally assumed these functions. Article 8 Urban management administrative law enforcement officers may exercise the following rights when performing official duties:

(a) in accordance with the provisions of laws and regulations, to enter the inspected units or places for investigation or inspection.

(two) to consult, read or copy the information related to the inspection items of the inspected entity.

(3) Obtaining relevant evidential materials by means of audio recording or video recording. According to the law.

(four) according to the law, the tools, articles, certificates, buildings and structures involved in illegal acts shall be sealed up and detained or the evidence shall be registered and preserved.

(five) the implementation of administrative punishment according to law.

(six) other functions and powers as prescribed by laws, regulations and rules. Article 9 The relevant municipal and district administrative departments shall actively assist and cooperate with the urban management administrative law enforcement organs to exercise the power of administrative punishment in a centralized manner according to law. When exercising the relevant urban management administrative examination and approval items according to law, the examination and approval results shall be copied to the urban management administrative law enforcement organs, and the examination and approval departments shall bear corresponding responsibilities if serious consequences are caused by the failure to copy them.

After the relatively centralized exercise of the power of administrative punishment, the original relevant administrative departments shall not exercise the power of administrative punishment that has been exercised by the urban management administrative law enforcement organs; If it is still exercised, the administrative punishment it has made is invalid. Chapter III Procedures Article 10 When performing official duties, urban management administrative law enforcement personnel shall wear law enforcement signs, produce administrative law enforcement certificates and strictly abide by the procedures stipulated in the Administrative Punishment Law of the People's Republic of China.