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The legal basis for urban management law enforcement

1. Urban management law enforcement is:

1. Urban management is actually a department dedicated to the centralized implementation of administrative coercive measures and administrative penalties. Its power comes from the authorization of other departments.

2. According to Article 16 of the "Administrative Punishment Law of the People's Republic of China", the State Council or the people's government of a province, autonomous region, or municipality authorized by the State Council may decide on an administrative agency to exercise relevant administrative agency powers. The power of administrative punishment, but the power of administrative punishment that restricts personal freedom can only be exercised by the public security organs.

3. The Notice of the State Council on the Implementation of the "Administrative Penalty Law" further clarifies the requirements: The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government must conduct pilot work on relatively centralized administrative penalty powers and propose adjustments based on local actual conditions. Opinions on administrative penalty power shall be implemented after being submitted to the State Council for approval.

2. What are the procedures for urban management enforcement?

1. Discover situations that require enforcement

2. Prepare an "Administrative Enforcement Approval Form"< /p>

3. Review and approve

4. Make and deliver the "Notice of Administrative Enforcement"

(1) The parties concerned shall voluntarily perform their obligations or perform the execution within the time limit If the circumstances disappear, the execution can be lent or terminated

(2) The facts, reasons and evidence submitted by the parties shall be recorded and reviewed. If the facts and evidence are established, they shall be adopted.

5. If the parties concerned perform the obligations specified in the "Notice of Administrative Enforcement" within the prescribed period, prepare and serve the "Administrative Enforcement Letter" and directly implement or apply to the court for enforcement.

6. After the execution is completed, the "Administrative Enforcement On-site Record" shall be signed by the parties or witnesses or the person performing on behalf of the executor.

7. Prepare a case closing report to record the investigation, decision and implementation status.

8. File relevant documents, materials and case closing reports.

3. How long does the court's compulsory execution process take?

1. The court's compulsory execution usually ends within 6 months after the effective judgment, but the period of suspended execution should be deducted. If there are special circumstances that require an extension, it must be approved by the president of the hospital. The court will use a variety of methods to enforce the respondent's property, such as inquiry, freezing, and transfer of the deposits of the person being applied for execution. Seal, detain, auction, and sell off the property of the person subject to execution.

2. You can apply for compulsory execution within two years after the judgment takes effect. Once the compulsory execution procedure is entered, there is no time limit! The court will use many methods, such as sealing accounts and real estate, to complete the execution.

3. The maximum period for freezing the deposits of the person subject to execution is six months. If it is necessary to continue to freeze, the freezing procedures should be completed with banks, credit unions, etc. before the freeze expires. Otherwise, the deposit will not be frozen until the expiration date. If processed, the freeze will be deemed to be automatically released.

There are restrictions on the circumstances under which urban management can enforce enforcement, and a certain process is required before enforcement can be carried out. The court's enforcement is generally completed within six months after the effective judgment, and the time for applying for enforcement is You can apply within two years of the judgment taking effect.

Legal Basis

"Urban Management Law Enforcement Measures"

Article 8 stipulates that the scope of administrative penalty power for urban management law enforcement is determined in accordance with laws, regulations and relevant provisions of the State Council. , including the administrative penalty power stipulated in laws, regulations and rules in the field of housing and urban-rural construction, as well as the administrative penalty power related to urban management in environmental protection management, industrial and commercial administration, traffic management, water management, food and drug supervision.