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Regulations
on
Management of Proclamation of Administrative Subject for Law Enforcement of Shenzhen
Municipality
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The
Decree No. 126 of the
People' s
Government of Shenzhen Municipality
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Regulations
on Management of Proclamation of Administrative Subject for Law Enforcement
of Shenzhen Municipality , adopted at
the 86th
Executive Meeting of the Third Municipal People' s Government
on April 29th, 2003
,is hereby promulgated and shall go into effect as of August
1th,2003. |
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Mayor
Yu Youjun
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May.
31,2003.
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Article
1 In order to
standard the administrative
subject for law enforcement , safeguard and supervise the
administrative subject
for law enforcement to exercise functions
and powers by law,
these regulations are hereby formulated according to the
relevant laws and regulations.
Article
2 These regulations are applicable to the management of
proclamation of the administrative subject for law enforcement
in Shenzhen City except
those of vertical lead by the nation and province.
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Article
3 The
administrative subject for law enforcement referred in these
regulations means the administrative
organization ,institution
and other organizations which are set up by law, can exercise
administrative
inspection ,administrative coercive measure,
administrative penalty and arbitrary administrative execution in
its own name according to law.
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Article
4 The
administrative subject for law enforcement shall carry out law
enforcement activity legally
within the function and authority
proclaimed by the Municipal
People' s
Government. Any law enforcement activities which are not
proclaimed or beyond the
proclaimed function and authority shall be of no effect.
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Article
5 The legality
department of the
Municipal
People' s
Government (hereinafter
refers as municipal legality department)
shall take charge of examination before the administrative
subject for law enforcement
has been proclaimed.
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The
urban administrative subject for law enforcement
shall be reported to the municipal
People' s
Government for approval of proclamation after
the municipal legality department
propose the censoring opinion
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The
district administrative subjects for law enforcement
shall be reported to the Municipal
People' s
Government for approval of proclamation after
the district People' s
Government
propose the censoring opinion as well as being checked by the municipal
legality department.
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Article
6 The administrative subject for law enforcement
shall accord with the qualifications as follows :
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1.
being set up by law;
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2.
with
law enforcement function and authority according to laws , rules
and regulations or the official
documents of adjustment of law
enforcement function and authority by the government;
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3.
be able to carry
out administrative law enforcement activities in its own name
and bear legal responsibility;
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4.
with the establishment of organizations checked by the
establishment of organizations department and law enforcement
officer in qualification;
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5.
having the outlay supported by the treasury department;
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6.
being conform with other provisions in laws
, rules and regulations.
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Article
7 When the
administrative organization and the authorized organizations by
laws , rules and regulations
submit for examination
of administrative
subject for law enforcement , the following material shall be filed:
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1.
the official letter of submitting
for examination
subscribed by the principal of the department or organization ;
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2.
the official document of setting up administrative
subject for law enforcement
according to law;
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3.
the laws, rules and regulations which regulate the
function and authority of the
administrative subject for law enforcement
or official document of adjustment of law enforcement function
and authority by the government
;
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4.
the document of
the establishment of organizations checked by the establishment
of organizations department;
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5.
the text of proclamation the
administrative subject for law enforcement.
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Article
8 The municipal
legality department and district government shall check whether the
administrative subject for law enforcement
that submitted for examination accord to article 6 of these
regulations or not , make out the checking
opinion in 10 working
days from accepting the file and inform the submitted department
or the organization
in written.
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If
it accords to the qualifications after being examined and
checked ,
the municipal legality department shall
submit it to the Municipal
People' s
Government for approval of proclamation in
10 working days after
making out the examining
and checking opinion.
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Article
9 The proclamation of the administrative subject for law
enforcement shall include the followings
:
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1.
the
name of the
administrative subject for law enforcement;
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2.
the
law enforcement function and authority;
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3.
the
main legislative authority for law enforcement;
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4.
the
office address ,the phone number for consultation
and complaint
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Article
10 The administrative subject for law enforcement
shall be proclaimed in the Shenzhen
Municipal People' s
Government
Communique.
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After
the administrative subject for law enforcement
being proclaimed in the
Shenzhen Municipal People' s
Government
Communique, the relevant
department may issue the
text of proclamation approved by the government in the Municipal
People' s
Government information net or other media.
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Article
11 The examination and proclamation shall be submitted renewedly
if the cases as follows
happen after the administrative subject
for law enforcement proclaimed
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1.
division
of the administrative subject for law enforcement;
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2.
consolidation
of the administrative subject for law enforcement
consolidation;
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3.
to
change the name of the administrative subject for law
enforcement;
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4.
to change the legislative authority for law enforcement;
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5.
to change the function and authority of administrative
law enforcement.
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Article
12 If the cases
referred in the article 11 of these regulations happen ,
the relevant
department shall submit to the municipal legality department or
the district government
for examination according to article 7
of these regulations within 15 working days after the
law , rules and regulation and the official document that
regulate this case go into effect,
the municipal legality department or the district government
shall cope with it in line with article
8 of these regulations.
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If
the administrative subject for law enforcement
complies with the section 1 of article 11,it shall be submitted
for checking by the department
or the organization after
divided; if it complies with the section 2 of article 11, it
shall be
submitted for checking by the new department or the
organization; if it complies with the section 3,4 and 5 of
article 11, it shall be submitted for checking by the original
department or the organization.
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If
the office address ,the phone number for consultation
and complaint of the administrative subject for law enforcement change , the original department or the organization shall submit the
general office of the Municipal
People' s
Government
directly for issuing it in the
Shenzhen Municipal People' s
Government
communiqué.
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Article
13 After the
administrative subject for law enforcement being approved by the
Municipal
People' s
Government, the
general office of the
Municipal People' s
Government
shall issue the text of proclamation of the
administrative subject for law enforcement
in the
Shenzhen Municipal People' s
Government
Communique within 15 days from the approving day.
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Article
14 The
administrative office,
within its legal
ability and
authority
,may consign the organization that is in line with article 15 of
these regulations to carry out
administrative
law enforcement activities
according
to law.
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The
consigner shall supervise the law
enforcement activity by the consignee within its consigned
range and bear the corresponding legal responsibility
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The
consignee shall carry out
administrative
law enforcement activities
in the
name of the consigner within
its consigned range, and may not consign other organization or
person to carry out.
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The
consigner shall not exercise the power of administrative law
enforcement that had been consigned
to the consigee during the
term of consignment any more.
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Article
15 The
organization which is consigned to carry out the administrative
law enforcement activity shall be in line with the qualifications
as follows :
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1.
being the undertaking organization of running public
affair set up by law
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2.
having the qualified law enforcement officer
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3.
if needs technical examination or technical appraisement
during the administrative
law enforcement, it shall have the conditions for organizing the
relevant technical examination or technical appraisement
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4.
being comply with other provisions of laws, rules and
regulations.
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Article
16 The
administrative office, where consigns the qualified organization
to carry out the administrative
law enforcement activity
, shall
sign the Contract of Consigning Administrative Law Enforcement
with the consignee. The contract shall includes the
following items :
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1.
the names and the addresses of the consigner and
consignee;
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2.
the
legislative authority of the consigner;
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3.
the consigning items and authority of law enforcement;
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4.
the
term of consignment;
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5.
the
outlay source for law enforcement of the consignee;
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The
term of being consigned to
administrative
law enforcement shall not beyond 5 years
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The
Contract of Consigning Administrative Law Enforcement shall be
signed and sealed by two side'
s legal representatives.
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Article
17 The
administrative office shall submit the commitment to the
municipal legality department or the
district government for
examination within 10 working days after signing
the Contract of Consigning Administrative Law Enforcement with
the consignee. It shall offer
the following materials when
submit for examination:
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1.
the
official letter submitting for examination signed by the
principal of the
administrative office
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2.
the
official document of setting up the consignee;
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3.
the
Contract of Consigning Administrative Law Enforcement ;
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4.
the
name list of law enforcement officers and the identification of outlay
source
for law enforcement of the consignee;
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5.
the
text of proclamation of the consignee.
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Article
18 The municipal
legality department and the district government shall examine
the necessary and legality
of consigning administrative law
enforcement , and make out the examination opinion within 10
working
days after accepting as well as inform the submitting
office in written.
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If
it is necessary and comply with the regulated conditions after
being checked and examined , the
municipal legality department
shall submit to the Municipal
People' s
Government for approval of proclamation
within 10 working days after
making out the examination or check opinion
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Article
19 After the expiration of consigning
administrative law enforcement ,
if needs continuing consignment, the consigner shall sign
the Contract of Consigning Administrative Law Enforcement with
the consignee again one month
ahead before its
expiration of
term
of consignment ,and
submit for examination and approval
for proclamation according to these regulations.
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Article
20 If the consigner
discovers the
consignee disobey the consigning contract or
carry out the consigned administrative
law enforcement activity illegally ,it shall order to correct
;where the circumstances
are serious, it may cancel the
consignment.
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Article
21 Any organization
or person has right to complain about and propose opinion of the
administrative
office , institution or the organization, who
violate these regulations to carry out administrative
law enforcement activity, to the
municipal legality department and the municipal supervision
department.
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Article
22 The municipal
legality department shall report to the Municipal Peoople' s
Government if it discovers the administrative office ,
institution or the organization who does
not approve for
proclamation
according to these regulations carry out
administrative
law enforcement activity,
and
the Municipal People' s
Government
shall order the administrative office , institution or the
organization to stop carrying out the
activity
.
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Article
23 The principal
and the direct liable person of administrative office ,
institution or the organization
, who violate these regulations
to carry out administrative
law enforcement activity, shall be ordered to bear the administrative tort liability by
the municipal supervision department according to law.
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Article
24 The Municipal
People' s
Government shall publicize the roster of the
administrative subject for law enforcement
and the
authorized organization
for law
enforcement annually
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If
the administrative subject for law enforcement and the
organization
who consigned to carry out administrative
law enforcement activity
by
the administrative office
had carry out administrative
law enforcement activity before
these regulations are issued, its
examination and approval of proclamation shall
be finished within 6 months from the issued date of these
regulations. |
