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Provisions on administrative punishment procedures of surveying and mapping
Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the Surveying and Mapping Law of People's Republic of China (PRC), the Administrative Punishment Law of the People's Republic of China and other relevant laws and regulations for the purpose of implementing the Administrative Punishment Law of the People's Republic of China, standardizing the implementation of the administrative punishment for surveying and mapping, ensuring and supervising the administration by the competent surveying and mapping departments according to law, and safeguarding the legitimate rights and interests of citizens, legal persons and other organizations. Article 2 The competent department of surveying and mapping shall, in accordance with relevant laws, regulations and rules, give administrative punishment to citizens, legal persons and other organizations, and must make a written decision on administrative punishment. Article 3 The written decision on administrative punishment of surveying and mapping shall be numbered uniformly by the competent department of surveying and mapping that made the decision on administrative punishment. Chapter II Jurisdiction Article 4 The written decision on administrative punishment of surveying and mapping shall specify the basic information of the person to be punished. If the punished person is a citizen, the basic information includes: the name, gender, age, occupation, unit, unit address and home address of the punished person; If the punished person is a legal person or other organization, the basic information includes: the name, nature, address, telephone number, name and position of the legal representative of the unit. Article 5 The written decision on administrative punishment of surveying and mapping shall specify the main facts and evidence that the punished person violates laws, regulations and rules.

The main facts of violating laws, regulations and rules include: time, place, specific illegal acts and damage results.

Evidence of violation of laws, regulations and rules can only be stated in the decision on administrative punishment of surveying and mapping. Article 6 If the hearing procedure is implemented according to law, the decision on administrative punishment of surveying and mapping shall specify the hearing situation. Including: time, place, host, participants, hearing conclusion, etc. Seventh Surveying and mapping administrative punishment decision shall confirm and specify the nature of the illegal act, the damage results and what kind of administrative punishment should be given to the punished person, as well as the names and specific terms of the laws, regulations and rules on which it is based. Article 8 The written decision on administrative punishment of surveying and mapping shall specify the execution mode and execution period of the above-mentioned administrative punishment. Chapter III Summary Procedure Article 9 The written decision on administrative punishment of surveying and mapping shall clearly inform the punished person of the specific ways and time limit for applying for administrative reconsideration or bringing an administrative lawsuit if he refuses to accept the administrative punishment.

Where there are provisions in laws, regulations and rules, it shall be explained in accordance with the provisions of laws, regulations and rules.

(a) if a party refuses to accept the decision on administrative punishment, it may, within 60 days from the date of receiving the decision on administrative punishment of Surveying and mapping, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment; (two) the parties may also directly bring a lawsuit to the people's court with jurisdiction within 15 days from the date of receiving the decision on administrative punishment for surveying and mapping. Tenth Surveying and mapping administrative punishment decision shall be issued by the person in charge of the competent department of Surveying and mapping, indicating the name and date of the competent department of Surveying and mapping who made the administrative punishment, and stamped with the seal of the competent department of Surveying and mapping. Eleventh provinces, autonomous regions and municipalities directly under the central government in charge of surveying and mapping work can also be in accordance with the provisions of the local people's governments of provinces, autonomous regions and municipalities directly under the central government or the legal department of the government issued the relevant administrative punishment decision. Article 12 These Provisions shall come into force as of the date of promulgation. Chapter IV General Procedures Article 13 The competent department of surveying and mapping shall, in accordance with the law, impose administrative penalties on illegal acts of surveying and mapping within its jurisdiction, and must file a case first, unless summary procedures are applicable. There are at least two undertakers in each case, and one person in charge of the case is determined. Article 14 If the undertaker has a direct interest in the case, he shall withdraw. Fifteenth cases of illegal surveying and mapping that have been filed shall be investigated comprehensively, objectively and fairly.

When investigating a case, there shall be no less than two law enforcement officers, and show the law enforcement certificates issued by the administrative department of Surveying and mapping in the State Council or the legal department of the provincial government to the parties or relevant personnel. Sixteenth case investigation can take the following ways: questioning the parties, witnesses and other relevant personnel; Access to relevant information; Solicit and collect written evidence from state organs, enterprises and institutions and people's organizations; Identify specialized issues; When necessary, the relevant personnel shall assist in on-site inspection and inspection; Other ways permitted by laws and regulations. Article 17 Questioning the parties, witnesses and other relevant personnel shall be recorded and signed by the person being questioned.

Consult relevant materials and copy or extract the parts that can be used as evidence.

Written evidence collected from state organs, enterprises, institutions and people's organizations must be signed by the provider and stamped with the seal of the unit.

To identify specialized issues, an expert conclusion shall be made and signed by the expert.

When conducting an on-site inquest or inspection, a record of the inquest or inspection shall be made and signed by the inquirer, inspector or witness. Eighteenth after the investigation, the case handler shall write an investigation report. According to the survey results and the provisions of relevant laws, regulations and rules, put forward opinions and report them to the person in charge of the competent department of Surveying and mapping for approval. Article 19 The person in charge of the competent department of surveying and mapping shall review and sign opinions on whether the illegal facts are clear, whether the evidence is sufficient, whether the procedures are legal and whether the applicable laws, regulations and rules are accurate.