Off-site law enforcement as mentioned in these Provisions refers to the use of modern information technology to collect and fix illegal facts, the use of information technology to inform illegal acts, investigate and collect evidence, serve documents, collect fines and other law enforcement methods. Article 3 The People's Government of Pudong New Area shall be responsible for coordinating relevant departments to promote off-site law enforcement.
The urban management law enforcement department of Pudong New Area is responsible for the specific promotion, business guidance and supervision of off-site law enforcement, and promotes off-site law enforcement by relying on the platform of "one network unified management". Pudong New Area development and reform, science and technology economy, public security, finance, human resources and social security, planning natural resources, market supervision and other departments perform relevant functions within their respective responsibilities, and provide assistance and guarantee for off-site law enforcement.
Pudong New Area Sub-district Office and Town People's Government are responsible for improving the grass-roots governance structure in which all social parties participate in this area and carrying out off-site law enforcement in the field of urban management. Article 4 The urban management law enforcement department of Pudong New Area may carry out off-site law enforcement when investigating and dealing with illegal acts that are prone to occur, intuitive, easy to identify and easy to judge by relying on information equipment and facilities.
The people's Government of Pudong New Area shall compile a list of off-site law enforcement matters, publish it on the government website, and make dynamic adjustments in a timely manner. Article 5 Off-site law enforcement work of urban management law enforcement departments in Pudong New Area shall be carried out according to law, the law enforcement process shall be standardized, fairness and justice shall be adhered to, and efficiency shall be consistent with convenience, punishment shall be combined with education, and legal effect and social effect shall be unified. Article 6 When conducting off-site law enforcement work, the urban management law enforcement department of Pudong New Area shall provide convenience for the parties' policy inquiry, statement and defense, rights relief and responsibility performance, and fully protect the legitimate rights and interests of the parties. Seventh Pudong New Area urban management law enforcement departments can collect and fix illegal facts in public places such as roads, squares and qualified community public areas.
The installation and use of electronic technology monitoring equipment shall be subject to legal review and technical review to ensure that electronic technology monitoring equipment meets national standards or industry standards. Electronic technology monitoring equipment should be regularly maintained, maintained and tested to keep its function intact.
Electronic technology monitoring equipment is divided into fixed and mobile. The location of fixed electronic technology monitoring equipment shall be clearly marked and announced to the public. Mobile electronic technology monitoring equipment should be installed on vehicles with uniform signs, and the monitoring area should be announced to the public. Article 8 The urban management and law enforcement departments of Pudong New Area shall establish relevant information databases and information platforms, and establish information exchange and sharing mechanisms with district public security, market supervision, civil affairs, housing management and other departments.
The urban management law enforcement department of Pudong New Area shall, in accordance with the principles of necessity and rationality, standardize the collection of relevant subject identity information of the administrative counterpart according to law, and handle the collected personal information in accordance with relevant laws and regulations.
Pudong New Area Sub-district Office and Town People's Government shall play the role of grass-roots governance mechanism and assist urban management law enforcement departments to implement the system of standardized collection and on-demand enjoyment of grass-roots information according to law. Ninth Pudong New Area urban management law enforcement departments can conduct inquiries and investigations through video, audio and other means. When conducting video or audio inquiry, the identity of law enforcement personnel shall be indicated, and the person being questioned shall be informed of the relevant rights and obligations.
Audio-visual materials can replace written inquiry records. When necessary, the urban management law enforcement department of Pudong New Area shall make a written explanation on the formation time and key contents of audio-visual materials. Tenth Pudong New Area Urban Management Law Enforcement Department shall examine whether the contents of audio-visual materials and electronic data records meet the requirements of truthfulness, clarity, completeness and accuracy. Unaudited or unqualified shall not be used as evidence of administrative punishment. Article 11 If the urban management law enforcement department of Pudong New Area intends to impose administrative punishment according to the evidence confirmed by examination, it may inform the parties of the illegal facts, the contents of the punishment to be imposed, the way of statement and defense, etc. Through e-mail, short messages, Internet applications and the "One Netcom Office" platform, it is required to be handled within a specified time. Twelfth Pudong New Area urban management law enforcement departments should set up a designated processing window, and take inquiries and other ways to provide convenience for the parties to state and defend.
The urban management law enforcement department of Pudong New Area shall examine the facts, reasons and evidence put forward by the parties in a timely manner. If the facts, reasons or evidence put forward by the parties are established, they shall be adopted, and the administrative punishment shall not be aggravated because of the statements and defenses of the parties. Thirteenth legal documents produced by the urban management law enforcement department of Pudong New Area in off-site law enforcement cases can use electronic official seals and electronic signatures.
With the consent of the parties and the signing of the confirmation letter, the law enforcement department of Pudong New Area Urban Management can serve the administrative penalty decision and other relevant legal documents by means of e-mail, SMS, Internet application and other information.