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Guangzhou City Management Comprehensive Law Enforcement Regulations (2015 Amendment)

Chapter 1 General Provisions Article 1 is to regulate comprehensive law enforcement activities in urban management, promote administration according to law, and protect the legitimate rights and interests of citizens, legal persons and other organizations. According to the "Administrative Punishment Law of the People's Republic of China" and other relevant laws and regulations, and based on the actual situation of this city, these regulations are formulated. Article 2 These regulations apply to comprehensive law enforcement activities in urban management within this city. Article 3 The municipal and district comprehensive law enforcement agencies for urban management are the administrative agencies for the people's government at the same level to implement comprehensive law enforcement for urban management. They shall, in accordance with the division of responsibilities of the municipal and district stipulated by the municipal people's government, investigate and deal with illegal acts within their jurisdiction in accordance with the law, and punish them. Bear legal responsibility for specific administrative actions taken.

The agencies dispatched by the municipal and district comprehensive law enforcement agencies for urban management shall implement comprehensive law enforcement for urban management in the name of the municipal and district comprehensive law enforcement agencies for urban management. Article 4: The municipal comprehensive law enforcement agency for urban management is responsible for the organization and implementation of these regulations.

Relevant departments such as public security, judicial administration, civil affairs, land and housing management, construction, transportation, water affairs, sanitation, environmental protection, urban and rural planning, municipal gardens, city appearance and sanitation, industry and commerce, civil air defense, etc. shall cooperate according to their respective responsibilities The urban management comprehensive law enforcement agency implements these regulations. Article 5 According to the decisions made by the State Council or the people's government of this province in accordance with the authorization of the State Council, the comprehensive urban management law enforcement agencies shall exercise the power of administrative penalties stipulated in laws, regulations, and rules on city appearance and environmental sanitation, urban greening, urban and rural planning, municipal administration, and environmental protection. .

The specific scope of the administrative penalty power exercised by the comprehensive urban management law enforcement agencies shall be announced to the public by the Municipal People's Government. Article 6: After the urban management administrative penalty power announced by the Municipal People's Government is exercised by the comprehensive urban management law enforcement agency, the relevant administrative agencies shall not exercise it again. If it is exercised again, the administrative penalty decision made by it will be invalid.

Other administrative duties performed by relevant administrative agencies in accordance with the law will not be changed because the administrative penalty power is exercised by the comprehensive urban management law enforcement agency. Article 7 If any dispute arises between the comprehensive law enforcement agency for urban management and relevant administrative agencies over the scope of their responsibilities, it shall be handled by the municipal or district people's government.

If there is a dispute over jurisdiction between the comprehensive urban management law enforcement agencies, the municipal comprehensive law enforcement agency for urban management shall designate jurisdiction. Article 8 Comprehensive law enforcement agencies for urban management and their law enforcement personnel shall adhere to fair and civilized law enforcement, adhere to the integration of law enforcement with education, guidance, and services, and focus on the correction of illegal behaviors and the education of illegal actors. Article 9: Administrative penalties imposed by comprehensive urban management law enforcement agencies shall be commensurate with the facts, nature, circumstances and degree of social harm of the illegal act. If the violation is minor and the party concerned corrects it in a timely manner without causing any harmful consequences, no administrative penalty will be imposed.

The comprehensive law enforcement agencies of urban management should implement administrative coercion in accordance with the principle of minimum loss of the rights and interests of the parties. If the implementation of non-coercive measures can achieve the purpose of administrative management, administrative coercive measures should not be implemented. Article 10 Comprehensive law enforcement personnel for urban management shall undergo training in legal knowledge and business knowledge, and obtain an administrative law enforcement certificate uniformly issued by the Provincial People's Government.

Personnel employed by comprehensive urban management law enforcement agencies shall not implement administrative penalties and administrative coercion. Article 11 The municipal and district people's governments shall establish a comprehensive law enforcement security mechanism for urban management, improve equipment levels, and provide guarantees for the personal safety of law enforcement personnel. Chapter 2 Law Enforcement Measures Article 12 The comprehensive law enforcement agencies for urban management shall implement administrative penalties and administrative coercion in accordance with the conditions and procedures stipulated in laws and regulations. The municipal comprehensive law enforcement agency for urban management shall formulate law enforcement operation regulations in accordance with the law and publish them to the public. Law enforcement operating specifications should reflect the requirements of civilized law enforcement. Article 13: Urban management comprehensive law enforcement personnel shall dress in accordance with regulations when performing their duties.

Personnel employed by comprehensive urban management law enforcement agencies shall not wear the same or similar uniforms as those of comprehensive urban management law enforcement officers. Article 14: When performing their duties, city management comprehensive law enforcement personnel shall not infringe upon the legitimate rights and interests of the parties, shall not insult, threaten, or beat the parties, nor shall they illegally damage the parties' belongings. Article 15: When investigating, inspecting, collecting evidence, and implementing administrative enforcement, there shall be no less than two persons involved in comprehensive urban management law enforcement, and they shall present their administrative law enforcement certificates to the parties or relevant personnel. Article 16: Urban management comprehensive law enforcement agencies shall establish and improve daily inspection systems to promptly discover and investigate illegal acts. Article 17: The comprehensive law enforcement agency for urban management shall establish and improve the reporting system, and announce to the public the telephone number, mailbox, and e-mail address for uniformly accepting reports. The comprehensive law enforcement agency for urban management shall register the report upon receipt and verify and handle it in a timely manner. If the report does not fall within the scope of the agency's responsibilities, the whistleblower shall be informed to report to the relevant administrative agency or transferred to the relevant administrative agency for processing within seven days.

The comprehensive law enforcement agency of urban management shall keep the whistleblower confidential. If there is a clear whistleblower, the whistleblower shall be notified in writing of the handling opinions within 60 days from the date of acceptance of the report.

The comprehensive urban management law enforcement agency shall promptly register, verify and handle administrative law enforcement cases transferred by relevant administrative agencies and provide written feedback on the handling opinions. Article 18 When investigating and punishing illegal acts, the comprehensive urban management law enforcement agency may take the following measures:

(1) Question the parties and witnesses and prepare a transcript of the inquiry.

(2) Collect and retrieve physical evidence. If it is inconvenient to retrieve physical evidence, you can take photos or videos that sufficiently reflect the appearance or content of the evidence, and indicate the circumstances.

(3) Conduct inspections of places where illegal acts are committed, take photos of the scene, record audio and video, and prepare inspection records.

(4) Other measures prescribed by laws and regulations.

Urban management comprehensive law enforcement personnel, parties and witnesses shall sign or seal the transcripts specified in Item 1 and Item 3 of Paragraph 1.