In addition to general procedural requirements, administrative organs should also follow special procedural requirements for specific compulsory measures.

1. Fulfill the obligation to pay money

(1) Take indirect coercive measures first.

The administrative organ shall make an administrative decision to fulfill its monetary obligations according to law, and if the party fails to fulfill it within the time limit, the administrative organ may impose a fine or a late payment fee according to law. The parties concerned shall be informed of the criteria for increasing the fine or late payment fee. The amount of fine or overdue fine shall not exceed the amount of obligatory payment.

(two) to execute it by itself or apply to the court for execution.

If the administrative organ imposes a fine or overdue fine for more than 30 days, and the party concerned still fails to perform it after being urged, the administrative organ with administrative enforcement power may enforce it, and the administrative organ without administrative enforcement power shall apply to the people's court for enforcement.

If the administrative organ without enforcement power has taken compulsory measures of sealing up or detaining before making the punishment decision, it may auction the sealed-up or detained property according to law to offset the fine after the expiration of the prosecution period. Otherwise, the parties can only apply to the court for compulsory execution after the expiration of the prosecution.

(3) the implementation of the program requirements

The transfer of deposits and remittances shall be decided by the administrative organ prescribed by law, and financial institutions shall be notified in writing. After receiving the decision of the administrative organ to allocate deposits and remittances according to law, financial institutions shall immediately allocate them. Auction of property according to law shall be handled by an auction institution entrusted by an administrative organ in accordance with the provisions of the auction law. The proceeds from the transfer of deposits, remittances, auctions and legal treatment shall be turned over to the state treasury or incorporated into special financial accounts. No administrative organ or individual may intercept, privately divide or privately divide in disguised form in any form.

Step 2 perform for the sake of performance

(1) Scope of application

Failing to perform non-personal obligations such as removing obstacles and restoring to the original state, which has endangered traffic safety, caused environmental pollution or destroyed natural resources after being ineffective after being urged.

(2) Implementation subject

The administrative organ or an unrelated third party is entrusted to perform it on its behalf.

(3) Procedures

In principle, agency performance shall meet the following requirements: ① A written decision shall be delivered before agency performance. (2) Supervise the performance. 3 days before the performance, the parties shall be urged to perform, and if the parties fail to perform, the performance shall be stopped. (3) Generation performance. If it is performed on its behalf, the administrative organ that made the decision shall send personnel to the scene to supervise, and after the performance is completed, the staff of the administrative organ, the executor, the party concerned or the witness who participated in the supervision shall sign or seal the execution document. Do not use violence, coercion or other illegal means to perform.

(4) immediate execution

If the party concerned is unable to remove the spilled materials, obstacles or pollutants that need to be removed immediately, such as roads, rivers, waterways or public places, the administrative organ may decide to perform them immediately; If the party concerned is not present, the administrative organ shall immediately notify the party concerned afterwards and deal with it according to law.

(5) expenses

The cost of performance shall be reasonably determined according to the cost and shall be borne by the parties concerned. However, unless otherwise provided by law.

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