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The Interim Measures of Tianjin Municipality for Comprehensive Law Enforcement by the Sub-district Office (Draft)

新闻日期: 2015-06-25    文章来源:

The People’s Government of Tianjin Municipality


Decree No. 11


 


    The Interim Measures of Tianjin Municipality for Comprehensive Law Enforcement by the Sub-district Office was adopted the Municipal People’s Government at its 35th Meeting on August 1, 2014 and is hereby promulgated. These Measures shall to into effect as of October1, 2014.


 


Mayor Huang Xingguo


Tianjin Municipal Government


August 23, 2014


 


The Interim Measures of Tianjin Municipality for Comprehensive Law Enforcement by the Sub-district Office (Draft)


 


Chapter I  General Provisions


 


Article 1  These Measures are enacted in accordance with the Administrative Penalty Law of the People’s Republic of China and other relevant regulations and in light of the actual conditions of this Municipality with the purpose of encouraging innovation in social management, deepening the reform of administrative law enforcement system, set up an effective and speedy grassroots administrative law enforcement system with unity of duties and rights.


Article 2  These Measures apply to comprehensive law enforcement in the area under the jurisdiction of this Municipality wherever it is feasible to exercise relatively concentrated administrative penalty rights by the sub-district office.


These Measures shall apply mutatis mutandis to the comprehensive law enforcement by the township and town people’s government in economically advanced area in this Municipality


Article 3  The Municipal People’s Government shall be in charge of pushing forward the comprehensive law enforcement by the sub-district office under a unified plan.


The district and county people’s governments shall be in charge of organizing the implementation of the comprehensive law enforcement work by the sub-district office in the area under their jurisdiction, studying the major and complicated matters and coordinating parties concerned to solve concrete problems.


Article 4  The legal agency under district and county people’s government shall be in charge of the concrete work of organizing and pushing forward the comprehensive law enforcement by the sub-district office in the area under their jurisdiction and supervise the law enforcement department and sub-district office in implementing these Measures and the comprehensive law enforcement work.


 


Chapter II  The Subject of Law Enforcement and Its Range of Rights


 


Article 5 The sub-district office shall, as the delegated organ of the district and county people’s government, exercise the administrative penalty rights as prescribed by the laws, regulations and rules regarding comprehensive administration by the sub-district office and bear corresponding legal responsibilities. The sub-district office sets up a comprehensive law enforcement agency to take charge of concrete law enforcement work.


Article 6  The sub-district office shall exercise street comprehensive law enforcement in the area under its jurisdiction except the special region designated by the Municipal, district and county people’s government in accordance with law.


Article 7  The sub-district office may exercise the following administrative penalty rights in a concentrated way and may take coercive measures related to the law enforcement:


1.                  The entire administrative penalty rights exercised by comprehensive urban law enforcement department;


2.                  The administrative penalty rights over acts of fetching waters without authorization, storing waste in the waterway administrative area, planting on the river bank apart from the city discharge facilities, fishing by installing fishing racks across the river apart from the city discharge facilities, building houses, grazing, entombing the deceased or conducting trade acts on the river banks and embankment protection land apart from the city discharge facilities, installing stalls, market in the protective area for diverting Yellow river waters to Tianjin and washing clothes, cleaning vehicles and utensils in the water body apart from the city discharge facilities, as stipulated by the laws, regulations and rules concerning water affairs administration.


3.                  Administrative penalty right over unlicensed medical practice, running business in the public areas without acquiring the sanitation permit, smoking in the non-smoking area, as stipulated by laws, regulations and rules concerning health administration;


4.                  Administrative penalty right over acts of failure to submit written report as required, concealing the facts, producing falsified evidence or hiding, destroying, getting social security benefits by cheating or acquiring the social security fund by fraud, as stipulated by laws, regulations and rules concerning labor security;


5.                  Administrative penalty rights over acts of producing noise to interrupt others’ normal life, making loud noise to attract customers, eatery operators polluting the living environment of neighboring residents due to lack of proper pollution prevention measures, burning in the open air asphalt, asphalt felt, rubber, plastic, leather, waste, plant stems, fallen leaves that produce smog and poisonous or hazardous or extremely smelly odor or other substances, as stipulated by laws, regulations and rules concerning environmental protection;


6.                  Administrative penalty rights over acts of burning wreaths, paper money and other funeral objects on the road or in the non-designated area, production and sale of funeral service or funeral facility or products illegally or against the registered range of operation, placing the remains, constructing funeral stalls, displaying or burning paper ox or horse and other superstitious objects, blowing cymbals, citing Buddhist sutras, scattering paper money in the street, staircase or other public areas, displaying wreaths, flower baskets along the trunk road or displaying wreaths and flower baskets in other places that disrupts the daily life of nearby residents and interrupts traffic flow, as stipulated in laws, regulations and rules concerning funeral administration.


7.                  Administrative penalty rights over acts of adding doors and windows to the residential building, dismantling a window to expand it to make a door, enlarging the original doors and windows, converting part of the residential houses in a multi-story building into business venues for production, entertainment or into bathing houses, as stipulated in laws, regulations and rules concerning safety administration of house.


8.                  Administrative penalty rights over acts of occupying, blocking, sealing off escape passage, exits, fire engine pathway, burying or storing over, circling off fire hose or taking up the fire engine’s passage between buildings, producing, storing or operating in inflammables or explosives in a residential quarters or failing to keep a safe distance from the residential area, as stipulated by law, regulations and rules concerning public security and fire safety administration.


9.                  Administrative penalty rights over acts of changing the scope of business without filing it on the record and engaging in the recycling, use and operation in renewable resources without authorization, as stipulated in laws, regulations and rules concerning business administration.


10.               Administrative penalty rights over acts of installing satellite ground reception facilities without authorization in communities and residential quarters, engaging in entertainment business without authorization, setting up internet connecting service business venues and engaging in internet service business without authorization, organizing for-benefit performance without permission, dealing ,in the form of migrant merchants and installs, in distribution business for publications without authorization, as stipulated in laws regulations and rules concerning cultural activities.


11.               Administrative penalty rights over acts of producing fireworks and firecrackers and other hazardous objects without permission or overreaching the scope of business as approved, as stipulated in laws, regulations and rules concerning safety in production administration.


12.               Administrative penalty rights as required by the sub-district office in conducting normal day-to-day administrative work such as social aid, preferential treatment and compensation.


13.               Other administrative penalty rights as laws, regulations and rules or people’s government decide to dispatch to the comprehensive administration by the sub-district office.


Article 8  Where the sub-district office finds, in the daily inspection, the following irregularities, it shall stop the irregularity, or report the case to the relevant law enforcement department for investigation and handling when it deems it necessary to impose administrative penalty or take administrative coercive measures:
1. Engaging in operations without possession of business license;


2. Producing, operating in medicine, medical instruments, veterinary drug and food without permission or going beyond the scope of business allowed or other unlicensed business activities;


3. Failing to display the required registration sign, the periodical inspection sign in the elevators in accordance with law; using elevators without inspection or the elevator that fails inspection; failing to place safety instructions, safety precautions and warning signs in conspicuous place; failing to ensure the emergency lights in the elevator in a valid state and the alarming devices work normally;


4. Running schools without possessing the permit or running preschool without registering as a preschool education institution;


5. Emptying into the drainage pipelines waste, night soil, construction debris, mud from construction, sludge, oil spill and other discards; emptying or discharging into the drainage pipelines poisonous, hazardous, flammable or explosive objects;


6. Damming and drying a lake to make land, draining a river to make land or fetch soil from the river without authorization that impose danger on the safety of water projects; felling trees that protect river banks, building water facilities without authorization; occupying, blocking the passage for flood rescue and other acts that have an impact on the normal water resources administration, water-related administration, flood rescue of project safety.


Article 9  The district and county people’s government shall work out a concrete catalogue of concrete items for comprehensive law enforcement by the sub-district office, specifying the administrative inspection rights, administrative penalty rights and other administrative coercive measures to be exercised by the sub-district office.


The catalogue of concrete items for comprehensive law enforcement by the sub-district office worked out by district and county people’s government shall be examined and verified by the legal agency of the Municipal People’s Government in collaboration with other departments, and the district and county people’s government shall submit the catalogue to the Municipal People’s Government for approval before it is openly announced and implemented.


 


Chapter III  Law Enforcement Procedure


 


Article 10 The sub-district office shall fulfill its duties and responsibilities in a serious way, enforce the law in a rigorous, standardized, fair and civilized way and consciously accept social supervision.


Article 11  The sub-district office law enforcement functionaries shall acquire the Tianjin Municipal Administrative Law Enforcement Certificate through passing the administrative law enforcement qualification examination before they may start administrative law enforcement.


Article 12  Where the sub-district office inspects or makes a checkup, the minimum number of the administrative law enforcement functionaries present on scene shall be no less  than two and they shall show their Administrative Law Enforcement Certificate. The persons concerned or other related persons shall answer the inquiries to the best of their knowledge and cooperate, and may not interfere with the inspection and checkup. Where the administrative law enforcement functionaries inspect and collect evidence at a unit in accordance with law they may read, ask for or make photocopy of the relevant documents. The unit under inspection shall render assistance and may not interfere or refuse.


Article 13  Where the sub-district office inspects and checks up a unit, the law enforcement functionaries shall stop or correct the irregularity that is occurring; Where they collect evidence they may make a random sampling; Where the evidence may disappear or is hard to get, they may register and keep it in advance; they may seal off or detain, in accordance with the provisions of laws and regulations, the object that has proved to have a link to the irregularity under inspection.


 Where they take the measure of registering and preserving the object or of sealing off or detaining the object they shall first obtain approval from the responsible person of the sub-district office; where the situation is urgent and they must register the objects or seal off or detainment in advance on the spot the law enforcement functionaries shall report the case to the sub-district office within 24 hours and complete formalities for approval.


Where it is necessary to take measures of registration, seal off or detainment in advance, the administrative law enforcement functionaries shall fill in a detailed, item by item list of registered objects in advance or a list of sealed off or detained objects, uniformly produced by the sub-district office, which is then to be signed by the parties concerned and the administrative law enforcement functionaries. Where the party concerned refuses to sign, it shall be noted in the written record of the event; Where the party concerned is not present on the scene, witnesses shall be invited and the invited witness and the administrative law enforcement functionaries shall sign or fix their seals to the detailed list of registered objects for keep in advance or on the detailed list of the sealed off or detained objects in advance.


Article 14  The fine money collected by the sub-district office shall be separated from the money to be submitted to the treasury. All the fine money, the illegal gotten proceeds or the money from the auction of the confiscated property or objects shall be submitted to the State Treasury.


 


Chapter IV  Law Enforcement Mechanism


 


Article 15  The sub-district office shall set up and constantly improve a sound law enforcement mechanism by which to fulfill its duties and responsibilities within its statutory powers and following the legal procedure.


 Article 16  The sub-district office shall set up an inspection system for day-to-day administrative law enforcement and detect and handle irregularity in a timely manner. It shall keep a record of law enforcement inspection.


    Article 17  The residents’ autonomous organizations, realty service enterprise community volunteers, and other individuals and organizations shall actively cooperate with the sub-district office in its comprehensive law enforcement.


Article 18  The sub-district office shall set up an accusation and complaint system, announce the tip- off telephone number, email address and bear the responsibility of keeping confidential of the identity of the accusers and complainers.


The sub-district office shall, immediately after receiving an accusation or complaint, verify the relevant information. It shall investigate and handle the cases that fall within their scope of responsibility in accordance with law; it shall transfer in a timely manner the accusation and complaint case to the related department for handling where the case falls out of their scope of responsibility. The related departments shall give the sub-district office a feedback on the results of the handling within 3 workdays after a decision is made on the case it handled.


Article 19  The competent administrative department of the district and county government shall reinforce the professional guidance to the sub-district office, actively assist the sub-district office in its law enforcement efforts and run professional training classes for the administrative law enforcement functionaries on a regular basis.


Article 20  The relevant competent administrative department of the district and county people’s government may, in the district-wide law enforcement and with approval of the district and county people’s government, arrange for the sub-district office to cooperate within its scope of duties and responsibilities in its law enforcement efforts.


Article 21  The administrative department detects an irregularity that falls within the scope of responsibility of the sub-district office and vice versa, its shall inform the latter that is empowered to handle the case. The empowered sub-district office or administrative department shall investigate and handle the case in time and inform the relevant administrative department or sub-district office that first detects the irregularity of the results of the handling.


Article 22  Where the sub-district office encounters a complicated case or a case with a major impact, it shall transfer the case to the related competent administrative department of the district and county government for investigation and handling.


Where the sub-district office transfers a case, it shall prepare the documents in full. The documents of a transferred case shall include:


1.       The transfer letter concerning the suspected irregularity;


2.       the source of the case and its basic facts;


3.       Primary relevant evidence concerning the commitment of the irregularity; and


4.       Other documents that need transfer.


Where the sub-district office needs transfer of a case to the competent administrative department of the district and county people’s government, it shall finish doing it within 3 workdays from the detection of the irregularity. Where it absolutely needs to extend the time limit for the transfer due to objective reasons for extensive investigation and verification, it shall notify the related department in advance, but the maximum extension may not exceed 10 workdays.


The competent administrative department of the district and county government shall investigate and handle the case in time in accordance with law and inform the related sub-district office of the results of the handling three workdays after the decision is made.


The related dub-district office shall actively cooperate with the related competent administrative department of the district and county government in its investigation and handling efforts.


The definition of a major or complicated case shall be determined by the district and county people’s government.


Article 23  Where the competent administrative department, in violation of the provisions of Articles 21 and 22, fails to investigate and handle an irregularity which is detected by the sub-district office, or vice versa, the sub-district office or the competent administrative department that first detects the irregularity shall report it to the legal agency of the district and county people’s government in time.


Article 24 Where an irregularity involves two or more sub-district offices, the sub-district offices concerned shall investigate and handle it in a joint effort.


Article 25 Where dispute arises over the jurisdictional power for investigating and handling an irregularity between sub-district offices or between sub-district office and related district and county law enforcement department, the Municipal, district or county people’s government shall decide on the jurisdiction.


Article 26  The sub-district office is entitled to organize and coordinate the delegated agency of the public security, market supervision and taxation departments in the area under its jurisdiction to assist, cooperate with, in accordance with law, the sub-district office in its law enforcement efforts.


Article 27  The district and county people’s government shall set up an information-sharing mechanism in administrative law enforcement between sub-district offices and between sub-district office and competent administrative department, by which to share the information concerning administrative licensing, administrative penalty, administrative fee levy and other administration information.


Article 28  The district and county competent administrative department shall set up a statistics collection system concerning the sub-district office comprehensive administrative law enforcement and make a regular analysis of the statistics concerning the administrative law enforcement by sub-district office. The sub-district office shall collaborate with the related competent administrative department in doing a good job in collecting statistics concerning administrative law enforcement and submit timely the statistics to the department.


Article 29  The public security department shall penalize anyone that disrupts the performance of public duties, resists the law enforcement by violence in accordance with the Penalty Law of the People’s Republic of China in Public Order and Security Administration; where the case is serious enough to constitute a crime he/she shall be investigated for criminal responsibilities.


 


Chapter  V  Supervisory Mechanism


 


Article 30  The district and county people’s government shall set up and constantly improve a sound supervisory mechanism over the sub-district comprehensive law enforcement. The legal agency of the district and county people’s government shall be in charge of the supervisory work.


Article 31  The district and county people’s government shall set up a supervisory platform over administrative law enforcement by which to maintain supervision over the administrative law enforcement acts by the sub-district office and the district and county administrative law enforcement department and announce openly the basis for administrative law enforcement, range of power of the sub-district office and district and county law enforcement department, law enforcement procedure and the profile of the law enforcement functionaries and open up channels for accepting accusation and complaints to subject itself to social supervision.


The district and county law enforcement department shall upload the record of inspection over administrative law enforcement and the results of the handling the irregularities to the administrative law enforcement supervisory platform.


Article 32  The district and county people’s government shall incorporate the sub-district office comprehensive law enforcement work into the appraisal system of administration by law and set up in the appraisal and examination a mutual appraisal system between district and county administrative law enforcement department and sub-district office.


Article 33  Where the district and county competent administrative department makes a decision on the appointment, dismissal, transfer, examination, award or punishment of the chief administrative responsible person in the delegated agency, it shall listen to the comments by the sub-district office where the delegated agency is located.


Article 34  The district and county people’s government shall set up a legal agency in the sub-district office which is in charge of the supervision, administrative review, acceptance of a lawsuit and the work to push forward the work of administration by law.


Article 35  The sub-district office, or the law enforcement department of the district and county people’s government or any of its functionaries that finds itself or himself/herself in one of the following circumstances, which shall be investigated for legal responsibilities in accordance with the provisions of relevant laws, regulations and rules; Where damage is done to a person or property of a citizen, to the public interest, social order, or to the legal person or other organizations, it or he/she shall compensate; where a crime is constituted, he/she shall be investigated for criminal responsibilities.


1.       Imposing an administrative penalty without the legal basis; or erroneous application of laws, regulations, rules;


2.       Violating the legal procedure;


3.       Overreaching or abusing statutory duties and powers;


4.       Showing apparent unjustness in imposing administrative penalty;


5.       Taking coercive administrative measures in violation of law;


6.       Failure to perform statutory duties and responsibilities; and


7.       Other irregularities.


Article 36  Where a party refuses to accept the administrative penalty or the administrative coercive measure, he/she may apply to the district and county people’s government for a administrative review and he/she may also take a legal action at the people’s court.


 


Chapter VI  Supplementary Provisions


 


Article 37  Where it is otherwise stipulated in laws, regulations and rules for administrative law enforcement in special areas, these laws, regulations and rules shall prevail.


Article 38  These Measures shall go into effect as of October 1, 2014.


 


-----The English translstion version of this web can only be regarded as reference.-------


 


 

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