Chapter 1 General Provisions
Article 1 is to further strengthen and standardize administrative law enforcement, improve administrative law enforcement mechanisms, promote administrative agencies to administer according to law and build a clean government, and protect citizens, legal persons and other organizations. These regulations are formulated in accordance with the relevant provisions of the Constitution, laws and regulations, and in light of Sichuan's actual situation.
Article 2 The term “administrative law enforcement” as mentioned in these regulations refers to the following acts carried out by administrative agencies and other organizations with the power of law enforcement and their staff to implement laws, regulations and rules in accordance with legal procedures and authority. :
(1) Give citizens, legal persons or other organizations warnings, fines, confiscation of illegal income, confiscation of illegal property, orders to suspend production and business, suspension or revocation of licenses, suspension or revocation of licenses, administrative detention or other administrative penalties stipulated in laws and administrative regulations;
(2) Administrative coercive measures such as restricting personal freedom, sealing, detaining, freezing property, etc. against citizens, legal persons or other organizations;
(3) Implementing administrative fees and issuing permits and licenses to citizens, legal persons or other organizations;
(4) Other administrative law enforcement actions stipulated in laws, regulations and rules.
Article 3 When implementing administrative law enforcement within the administrative region of Sichuan Province, these regulations must be observed.
Article 4 Administrative law enforcement must be based on facts and the law, be fair and efficient, and apply the law equally to citizens, legal persons or other organizations.
Article 5 Administrative law enforcement agencies, administrative law enforcement supervision and inspection agencies and their staff shall exercise their powers in accordance with the law and shall not be subject to illegal interference by other agencies, social groups and individuals.
Article 6 If a citizen, legal person or other organization is dissatisfied with the administrative penalty decision of the administrative law enforcement agency and applies for administrative reconsideration or files an administrative lawsuit, the execution of the administrative penalty decision will not be suspended, unless otherwise provided by law. Citizens, legal persons or other organizations have the right to appeal or report against administrative penalty decisions made by administrative agencies; administrative agencies should carefully review and take the initiative to make corrections if they find errors in administrative penalties.
Article 7 People’s governments at or above the county level and their departments shall effectively strengthen their leadership over the administrative law enforcement work of their respective regions and departments.
Chapter 2 Basis for Administrative Law Enforcement
Article 8 The basis for administrative law enforcement is:
(1) The National People’s Congress and its Standing Committee formulated Laws;
(2) Administrative regulations issued by the State Council;
(3) Local regulations issued or approved by the Provincial People’s Congress and its Standing Committee and regulations of ethnic autonomous prefectures and autonomous counties Autonomy regulations and separate regulations enacted by the People's Congress in accordance with regulations;
(4) The provincial people's government and the administrative departments of the State Council, as well as the people's government of the city where the provincial people's government is located and the larger city approved by the State Council Regulations promulgated;
(5) People's governments at or above the county level and their departments promulgate laws, regulations and rules in accordance with prescribed procedures for the purpose of implementing laws, regulations and rules, involving the rights and obligations of citizens, legal persons or other organizations, and having universal binding powerful administrative measures (hereinafter collectively referred to as normative documents).
[HTH]Article 9[HTSS][KG1] When implementing administrative law enforcement and discovering that regulations with a lower effectiveness level conflict with regulations with a higher effectiveness level, the regulations with a higher effectiveness level shall be implemented. And promptly report to the relevant production and development authorities. When implementing administrative law enforcement and discovering contradictions between provisions with the same level of effectiveness, they shall be promptly reported to the administrative department of the issuing authority and handled in accordance with prescribed procedures to the legal affairs department of the people's government at the next higher level.
Article 10 The formulation of normative documents shall follow the principle of unification of the legal system. Normative documents of lower-level people's governments shall not conflict with laws, regulations, rules and normative documents of superior people's governments. The work of people's governments at all levels The normative documents of the department shall not conflict with the normative documents of the people's government at the same level.
Article 11 Normative documents shall not set administrative penalties and administrative coercive measures.
The establishment of administrative licenses must be implemented in accordance with relevant national regulations.
Article 12 The formulation of normative documents must be carried out in accordance with prescribed procedures, reviewed by the legal affairs department of the people's government or the legal institution of the government department, and unanimously approved by the person in charge of the administrative agency. published publicly within.
Article 13 Normative documents must be submitted for filing in accordance with regulations and subject to filing review. The issuing authority must implement the decision made by the filing and review authority, and report the implementation results to the filing and review authority within the prescribed time limit.
Chapter 3 Administrative Law Enforcement
Article 14 The agency that implements administrative law enforcement must be an administrative agency clearly stipulated in laws, regulations and rules or a person authorized by laws and regulations. An organization that manages corporate affairs functions.
Article 15 Administrative law enforcement agencies, in accordance with the provisions of laws, regulations or rules, may entrust organizations that meet the conditions specified in paragraph 2 of this article to implement within the scope of their legal authority.
Organizations entrusted by administrative agencies to implement administrative law enforcement must meet the following conditions:
(1) A business organization established in accordance with the law to manage public affairs;
(2) Have staff who are familiar with relevant laws, regulations, rules and business;
(3) If technical inspection or technical appraisal is required for illegal acts, conditions shall be available to organize corresponding technical inspection or appraisal Technical appraisal.
Article 16 Administrative law enforcement agencies can only exercise law enforcement power within the scope of their powers stipulated in laws, regulations and rules. If an administrative law enforcement agency discovers illegal acts under the jurisdiction of other administrative law enforcement agencies during the process of law enforcement, it shall promptly transfer them to the administrative law enforcement agency with jurisdiction. If there is a dispute over the jurisdiction of an administrative law enforcement case, the two parties to the dispute shall resolve it through negotiation; if the negotiation fails, the case shall be reported to the legal affairs department of the people's government at the next higher level for designated jurisdiction.
Article 17 Administrative law enforcement agencies shall establish and improve administrative law enforcement procedures and registration, filing, approval, and review systems for administrative law enforcement cases, and strengthen internal supervision.
Article 18 Administrative law enforcement involving cross-administrative regions must be implemented in conjunction with local administrative law enforcement agencies, and local administrative law enforcement agencies should actively cooperate. Administrative law enforcement agencies are prohibited from using their powers to safeguard the illegitimate interests of the region.
If a dispute arises over administrative law enforcement across administrative regions, it shall be handled by the chief executive of the administrative law enforcement agency where the dispute occurs and the legal affairs department of the people's government at the next higher level.
Article 19 Administrative law enforcement personnel must be staff members of administrative law enforcement agencies. Non-employed personnel may be employed by administrative law enforcement agencies to assist in law enforcement, but may not impose administrative penalties.
Article 20 Administrative law enforcement personnel must present their administrative law enforcement certificates when enforcing the law.
[HTH]Article 21 The holder of an administrative law enforcement certificate must meet the following conditions:
(1) Belong to an administrative agency or other organization that enjoys administrative law enforcement power in accordance with the law Staff members on staff;
(2) Familiar with the laws, regulations, rules and relevant legal knowledge of the profession as well as professional knowledge of the industry;
(3) Comply with the law, Be loyal to their duties, enforce the law impartially, and be honest and honest;
(4) Pass specialized training and pass the assessment.
Article 22: Administrative law enforcement certificates and entrusted administrative law enforcement certificates shall be uniformly printed by the Sichuan Provincial People's Government. If laws, regulations or the provincial people's government provide otherwise, such provisions shall prevail.
Article 23 If the illegal facts are conclusive and have legal basis, an administrative penalty of not more than 50 yuan will be imposed on citizens, and a fine of not more than 1,000 yuan or a warning will be imposed on legal persons or other organizations. The penalty decision can be made on the spot.
When administrative law enforcement officers make an administrative penalty decision on the spot, if a fine of less than 20 yuan is imposed in accordance with the law and it is difficult to enforce it if it is not collected on the spot, the fine may be collected on the spot; in remote, water, or inaccessible areas, administrative agencies After the parties and their law enforcement officers make the decision to impose a fine, if the party concerned really has difficulty paying the fine to the designated bank, the fine can be collected on the spot upon request by the party concerned.
Article 24 The term “making a penalty decision on the spot” as mentioned in these regulations means that administrative law enforcement personnel do not need to issue an administrative penalty decision after approval by the administrative law enforcement agency in accordance with the general procedures, but the administrative law enforcement personnel shall make a decision based on legal powers and illegal actions. The circumstances of the behavior, and the administrative penalty decision made on the parties at the time of the violation and at the scene of the violation.
Article 25: If administrative law enforcement officers make an administrative penalty decision on the spot, they shall present their law enforcement identification documents to the parties concerned and fill in a predetermined format and numbered administrative penalty decision letter. The administrative penalty decision shall state the illegal conduct of the party concerned, the basis for the administrative penalty, the amount of the fine, the time and place, and the name of the administrative law enforcement agency, and shall be signed or sealed by the law enforcement officer. The administrative penalty decision shall be delivered to the party concerned on the spot. If law enforcement officers fill out the administrative penalty decision letter on the spot, they should keep a copy or counterfoil and report it to their respective administrative law enforcement agency for record.
Article 26 If the administrative law enforcement agencies and their law enforcement personnel collect fines on the spot, they must issue a fine receipt uniformly issued by the provincial financial department to the party concerned; if they do not issue a fine receipt uniformly issued by the provincial financial department, The parties have the right to refuse to pay the fine.
If law enforcement officers seize the parties’ items, documents, etc. in accordance with the provisions of laws, regulations and rules, they shall issue a seizure list to the parties and indicate on the list the name of the law enforcement officer, the code of the law enforcement certificate and the number of items seized. time.
Article 27 The administrative penalty decision of the administrative law enforcement agency must be issued when dealing with the parties concerned. In addition to making an administrative penalty decision on the spot, the administrative penalty decision letter must be signed by the person in charge of the administrative law enforcement agency.
The administrative penalty decision shall specify the following matters:
(1) Name and address of the party concerned;
(2) Violation of laws, regulations or Facts and evidence of regulations;
(3) Types and basis of administrative penalties;
(4) Methods and deadlines for implementation of administrative penalties;
(V ) The channels and time limits for applying for administrative reconsideration or filing administrative litigation if you are dissatisfied with the administrative penalty decision;
(6) The name of the administrative law enforcement agency that made the administrative penalty decision and the date of the decision.
The administrative penalty decision must be stamped with the seal of the administrative law enforcement agency that made the administrative penalty decision.
Article 28: There shall be no less than two administrative law enforcement officers when enforcing the law. If a relative of the person is involved or the handling of the case has an interest in the person, he shall recuse himself.
Article 29: Administrative law enforcement agencies and their law enforcement personnel shall carefully listen to statements and defenses of facts and reasons from citizens, legal persons or other organizations during the law enforcement process. Penalties shall not be aggravated based on the defense of citizens, legal persons or other organizations.
Article 30: Administrative law enforcement agencies and their law enforcement personnel shall implement the principle of combining education and punishment during the law enforcement process. If the illegal behavior is obviously minor, education should be given priority and no punishment should be imposed.
Article 31 Administrative law enforcement agencies and their law enforcement personnel shall not use their powers to designate administrative counterparts to purchase goods or receive services from specific production, business, or service units; they shall not use their powers to require administrative counterparties to Sell ??goods at low prices to specific units.
Chapter 4 Rights and Obligations of Administrative Counterparts
Article 32 Citizens, legal persons or other organizations have the right to require law enforcement officers who perform official duties for them to produce their law enforcement certificates, Explain the basis for law enforcement.
Citizens, legal persons or other organizations have the right to request the administrative law enforcement agency or its law enforcement personnel to inform them of the specific time limit and agency for applying for reconsideration or filing a lawsuit; they have the right to request the administrative law enforcement agency or its law enforcement personnel to State the facts and reasons; if you are dissatisfied with the administrative law enforcement decision, you have the right to apply for reconsideration or initiate a lawsuit in accordance with the law, and you also have the right to file a complaint and complaint with the administrative law enforcement supervision and inspection agency in accordance with these regulations.
Citizens, legal persons or other organizations that are subject to administrative penalties imposed by administrative law enforcement agencies and meet the conditions for a hearing have the right to request the administrative law enforcement agencies to hold a hearing in accordance with the law.
Article 34 Citizens, legal persons or other organizations may impose administrative penalties against administrative law enforcement agencies and their law enforcement personnel who violate the provisions of Article 19, Article 20 or Article 22 of these Provisions. reject.
Article 35 Citizens, legal persons or other organizations shall consciously abide by the provisions of laws, regulations, rules and normative documents, and actively assist administrative law enforcement agencies and their law enforcement personnel in investigating and handling illegal acts; Behaviors should be corrected in a timely manner and subject to investigation and punishment by administrative law enforcement agencies and their law enforcement personnel.
Article 36 Citizens, legal persons or other organizations may not use any excuse to insult, beat or besiege administrative law enforcement personnel, hinder administrative law enforcement personnel from performing official duties, or disrupt the normal working order of administrative agencies.
Chapter 5 [KG1] Supervision and Management
Article 37 Supervision of administrative law enforcement shall be based on social supervision, supervision by administrative law enforcement supervision and inspection agencies, and internal supervision of administrative law enforcement agencies. The principle of combination.
Article 38 The legal affairs department of the people's government at or above the county level shall be responsible for the guidance, coordination, supervision and inspection of administrative law enforcement activities within its own administrative region, and the management of law enforcement certificates in accordance with the provisions of the provincial people's government.
The legal institutions of the people's government departments at or above the county level are responsible for the guidance, coordination, supervision and inspection of administrative law enforcement activities within their own departments and systems, and the management of law enforcement certificates in accordance with the provisions of the provincial people's government.
]Article 39 To implement administrative law enforcement supervision and inspection, one must present the administrative law enforcement supervision and inspection certificate uniformly printed or supervised by the Sichuan Provincial People's Government.
Article 40 The holder of the administrative law enforcement supervision and inspection certificate must be a staff member of the legal affairs department of the people's government at all levels and the legal affairs agency of the subordinate work department of the people's government at all levels.
Article 41: Government legal affairs departments and agencies may specially invite administrative law enforcement supervision and inspection personnel, and may issue administrative law enforcement supervision and inspection certificates to them, but their certificates shall be marked with “special invitation”. " words.
Article 42: Administrative law enforcement supervision and inspection agencies shall establish and improve administrative law enforcement supervision and inspection procedures, and improve the system for case registration, processing, approval and acceptance of complaints and reports.
Article 43: If the administrative law enforcement supervision and inspection agencies make complaints or reports from citizens, legal persons or other organizations that are not within their own jurisdiction, they should inform them to complain or complain to the relevant agencies; if they are within their own jurisdiction If the decision is within the scope, it should be registered and reviewed, and handling opinions should be put forward and transferred to the relevant authorities for processing or direct handling; for administrative penalty decisions that require suspension of execution due to special circumstances such as possible serious consequences after execution, the original administrative law enforcement agency should be notified in a timely manner to suspend execution.
Article 44: Administrative law enforcement supervision and inspection agencies shall supervise the handling of cases transferred to relevant administrative agencies. After receiving the transferred case, the relevant administrative agency shall make a decision on handling it within the prescribed time limit and report the result to the administrative law enforcement supervision and inspection agency.
Chapter 6 [Rewards and Punishments[
Article 45: Administrative law enforcement personnel and administrative law enforcement supervision and inspection personnel who comply with the reward provisions of the "Interim Regulations on National Civil Servants" shall be punished in accordance with the "National Civil Servants Interim Regulations") Rewards will be given in accordance with the Interim Regulations and other relevant provisions.
Article 46: Administrative law enforcement personnel and administrative law enforcement agencies who violate these regulations and the circumstances are serious shall be ordered to leave their posts and receive training, and they may not be allowed to return to their posts until they pass the training and assessment.
Article 47: Administrative law enforcement supervision and inspection agencies may criticize and educate administrative law enforcement personnel who violate these regulations if the circumstances are minor; if the circumstances are serious, they may recommend that the administrative law enforcement agencies order them to leave their posts. Accept training, revoke the law enforcement certificate, or directly revoke the law enforcement certificate; if it is recommended that the administrative law enforcement agency handles the matter, the recommended agency should report the handling results to the administrative law enforcement supervision and inspection agency within the specified period.
Article 48: Administrative law enforcement personnel who fall under any of the following circumstances shall have their administrative law enforcement certificate or entrusted law enforcement certificate revoked by the administrative law enforcement agency and the administrative law enforcement supervision and inspection agency:
(1) There are serious violations of law enforcement;
(2) Administrative law enforcement personnel on staff who have been trained three times in five years from the first time they were ordered to leave their posts for training still have violations of law enforcement;
(3) Entrusted law enforcement officers are ordered to leave their posts for training again within three years from the first time they are ordered to leave their posts for training.
Article 49 If administrative law enforcement personnel and administrative law enforcement supervision and inspection personnel violate these regulations, neglect their duties, retaliate, abuse their powers, accept bribes and demand bribes, or lawfully enforce the law, they shall be punished in accordance with the "Interim Regulations on National Civil Servants", etc. It stipulates that administrative sanctions or dismissal shall be imposed; if the circumstances are serious and constitute a crime, criminal liability shall be investigated in accordance with the law.
Article 50: If damage is caused to the legitimate rights and interests of the parties due to intentional or negligent actions by administrative law enforcement agencies and administrative law enforcement personnel performing official duties, any damage to the legitimate rights and interests of the parties shall be determined in accordance with the "State Compensation Law of the People's Republic of China", etc. It is stipulated that if compensation needs to be paid by administrative agencies, the financial departments and administrative law enforcement supervision and inspection agencies at the same level shall supervise the administrative law enforcement agencies to deduct 5-30% of the annual salary of administrative law enforcement personnel and personnel responsible for the approval of administrative law enforcement cases as part of the compensation cost. If laws and regulations provide otherwise, such provisions shall prevail.
Article 51: For administrative law enforcement decisions that violate laws, regulations and rules, the administrative law enforcement supervision and inspection agency may issue a notice of criticism and order the administrative law enforcement agency to make corrections within a time limit. If corrections are not made within the time limit, the administrative law enforcement supervision and inspection agency shall revoke it.
Article 52 Any unit or individual that violates Article 31 of these Regulations shall be dealt with in accordance with the "Law of the People's Republic of China and the State Against Unfair Competition" and other relevant provisions.
Article 53: Normative documents that violate laws, regulations and rules shall be handled in accordance with the "Sichuan Provincial Administrative Law Enforcement Supervision and Inspection Regulations".
Article 54: Anyone who obstructs administrative law enforcement personnel or administrative law enforcement supervision and inspection personnel from performing official duties in accordance with the law, or disrupts the normal working order of administrative agencies shall be punished by the public security organs in accordance with the "Public Security Administration of the People's Republic of China and the State" Penalties shall be imposed in accordance with the provisions of the Regulations; if the circumstances are serious and constitute a crime, criminal liability shall be investigated in accordance with the law.
Chapter 7 Supplementary Provisions
Article 55 The printing, format and management methods of administrative law enforcement certificates and administrative law enforcement supervision and inspection certificates shall be specified by the Legal Affairs Bureau of the Provincial People's Government . Administrative law enforcement certificates issued uniformly by the state in accordance with the law shall be handled in accordance with relevant state regulations.
Issues in the specific application of Article 56 shall be interpreted by the Legal Affairs Bureau of the Sichuan Provincial People's Government.
Article 57 These regulations shall come into effect on the date of promulgation. If the relevant regulations of our province in the past are inconsistent with these regulations, these regulations shall prevail.