chapter I general provisions article 1 these regulations are formulated in accordance with the administrative punishment law of the people's Republic of China, the administrative enforcement law of the people's Republic of China and other relevant laws and administrative regulations, in combination with the actual situation of this municipality, in order to standardize the administrative law enforcement behavior of urban management, promote administration according to law, maintain the order of urban management and protect the legitimate rights and interests of citizens, legal persons and other organizations. Article 2 These Regulations shall apply to the administrative law enforcement activities of urban management within the administrative area of this Municipality.
the term "administrative law enforcement of urban management" as mentioned in these regulations refers to the behavior that the administrative law enforcement department of urban management performs administrative law enforcement duties such as administrative punishment and administrative enforcement in the field of urban management according to laws, regulations and rules. Article 3 The administrative law enforcement of urban management shall follow the principles of legality, fairness and openness, adhere to the people-oriented principle, combine law enforcement with education, guidance and service, and enforce the law in a civilized and standardized manner. Article 4 The municipal, county and district people's governments shall strengthen their leadership over the administrative law enforcement of urban management and coordinate and handle major issues in the administrative law enforcement of urban management.
The management committees of Huainan Economic and Technological Development Zone, Huainan High-tech Industrial Development Zone (Shannan New District) and maoji Social Development Comprehensive Experimental Zone shall, in accordance with the provisions of the Municipal People's Government, lead the administrative law enforcement work of urban management in their respective areas and study and solve major problems in the administrative law enforcement work of urban management.
the municipal administrative law enforcement department of urban management is responsible for the guidance, supervision and assessment of the administrative law enforcement of urban management in this municipality, and investigates and deals with major and complicated illegal cases in the field of urban management according to law. County, district urban management administrative law enforcement departments and Huainan Economic and Technological Development Zone, Huainan High-tech Industrial Development Zone (Shannan New District), maoji Social Development Comprehensive Experimental Zone urban management administrative law enforcement agencies are responsible for the urban management administrative law enforcement work within their respective jurisdictions.
the administrative law enforcement departments of urban management can send law enforcement teams to the township people's governments and sub-district offices to be responsible for the administrative law enforcement of urban management within their respective jurisdictions.
Public security, environmental protection, urban and rural construction, urban and rural planning, real estate management, transportation, water conservancy, market supervision and other departments should cooperate with each other to do a good job in urban management administrative law enforcement according to their respective responsibilities. Fifth citizens, legal persons and other organizations shall support and cooperate with the administrative law enforcement work of urban management, and have the right to dissuade, stop or complain and report acts that violate the laws, regulations and rules of urban management.
the administrative law enforcement department of urban management shall establish a complaint and report system for illegal acts, and announce the unified telephone number and other contact information of the whole city to the public. Chapter ii law enforcement duties article 6 the administrative law enforcement departments of urban management shall exercise the following administrative punishment rights and relevant administrative compulsory measures in a centralized manner:
(1) all administrative punishment rights stipulated by laws, regulations and rules in the fields of housing and urban and rural construction;
(2) the right of administrative punishment in environmental protection management, such as social life noise pollution, building construction noise pollution, building construction dust pollution, out-of-store catering service oil smoke pollution, smoke pollution such as open-air barbecue and burning straw leaves, smoke and odor pollution such as burning asphalt plastic waste in cities, and setting off fireworks pollution;
(3) the right of administrative punishment for operating outdoor public places without a license and setting up outdoor advertisements in violation of regulations in terms of industrial and commercial management;
(4) the right of administrative punishment in traffic management, such as occupying urban roads and illegally parking vehicles;
(5) the power of administrative punishment in water management, such as dumping wastes and garbage into urban rivers, illegally taking soil, and dismantling illegal buildings in urban rivers;
(6) The power of administrative punishment in food and drug supervision, such as food sales in outdoor public places and unlicensed operation of catering stalls.
the municipal people's government can adjust the scope of administrative law enforcement of urban management according to the needs of urban management and legal procedures.
the administrative law enforcement departments of cities, counties and districts shall make a list of administrative law enforcement powers of urban management according to the provisions of the preceding two paragraphs. Seventh urban management administrative law enforcement departments and other administrative departments for responsibilities or other matters of dispute, should be resolved through consultation; In case of disagreement, the urban management administrative law enforcement department shall report to the people's government at the corresponding level for decision.
if there is a dispute over the jurisdiction of the county or district urban management administrative law enforcement department, the municipal urban management administrative law enforcement department shall designate the jurisdiction. Chapter III Law Enforcement Cooperation Article 8 The municipal, county and district people's governments shall establish and improve the coordination mechanism of urban management administrative law enforcement, coordinate and solve major issues in urban management administrative law enforcement cooperation, and organize urban management administrative law enforcement departments and relevant administrative departments to carry out joint law enforcement of major cases or special actions.
The administrative law enforcement decisions in joint law enforcement shall be made by the urban management administrative law enforcement departments and relevant administrative departments within their respective functions and powers, and bear corresponding responsibilities. Ninth urban management administrative law enforcement departments and relevant administrative departments shall establish an information exchange and sharing mechanism, and timely notify the administrative management information and administrative law enforcement information. Tenth urban management administrative law enforcement departments in law enforcement activities found that illegal acts should be handled by other administrative departments, it should promptly inform or transfer to the relevant administrative departments. If the relevant administrative departments find that illegal acts should be handled by the urban management administrative law enforcement department in administrative management and law enforcement activities, they shall promptly inform or transfer them to the urban management administrative law enforcement department, and attach the following materials:
(1) a case clue transfer letter;
(2) evidence materials such as monitoring, identification, inspection and investigation;
(3) Other materials that should be handed over.
the urban management administrative law enforcement departments and relevant administrative departments shall not refuse to accept the transferred cases and related articles without justifiable reasons. The handling situation or results of the transferred case shall be promptly informed to the transfer department.
the transfer department shall cooperate with the transfer department to do a good job in case investigation, evidence collection and administrative punishment.