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Decision of Shanghai Municipal People's Government on Launching the Work of Relatively Centralized Power of Administrative Punishment in the Field of City Administration at the Municipal Level in This Municipality

Decision of Shanghai Municipal People' s Government on Launching the Work of Relatively Centralized Power of Administrative Punishment in the Field of City Administration at the Municipal Level in This Municipality
 

(June 27, 2005)
SMPGG (2005) No.20


Attention: All District and County People' s Governments, and all Commissions, Offices and Bureaus (Administrations) of the Municipal Government:
According to the spirit of the "Decision of the State Council on Further Promotion of the Work of Relatively Centralized Power of Administrative Punishment" and the "Notice of the General Office of the State Council about Transmitting the Suggestions on Screening and Reorganizing the Administrative Law-Enforcement Personnel and Carrying out Comprehensive Administrative Law Enforcement at Selected Points, made by the Central Organization Office, CCCPC" , the Municipal People' s Government promulgated in January, 2004, the "Decision of Shanghai Municipal People' s Government on Launching the Work of Relatively Centralized Power of Administrative Punishment in the Field of City Administration at District/County Level in This Municipality" (hereinafter referred to as "the Decision" ). Up to the end of May of this year, 13 districts in this Municipality have carried out the work of relatively centralized power of administrative punishment in city administration, and achieved good effects. For the purposes of further deepening the reform of comprehensive law enforcement in city administration, setting up the mechanism of unified administration, comprehensive coordination and supervisory inspection, we hereby make the following decision on launching the work of relatively centralized power of administrative punishment in city administration at the municipal level (including its related powers of administrative coercion and administrative inspection. Similarly hereinafter):
I. Scope of Relatively-Centralized Power of Administrative Punishment
The scope of relatively-centralized power of administrative punishment in city administration at the municipal level is based on the scope clearly defined in the Decision, which, besides defining the transfer of part of the power of administrative punishment exercised by related municipal administrative departments to the municipal law enforcement departments of city administration, makes clear that the power of administrative punishment exercised against the wrongful acts done within the limits of municipal-administrated river courses in the administration of city appearance and environmental sanitation, and against part of the wrongful acts done within the limits of municipal-administrated river courses in the administration of water affairs is transferred to the municipal law enforcement department of city administration. Meanwhile, the Decision enlarges the scope of relatively-centralized power of administrative punishment in the administration of environmental protection, industry and commerce, real estate, and the demolition of illegal buildings to a certain extent.
The specific scope of relatively-centralized power of administrative punishment shall be executed in accordance with the amended "Interim Procedures of Shanghai Municipality on the Relatively-Centralized Power of Administrative Punishment in City Administration" promulgated by the Municipal People' s Government.
II. Administration System and Organization Setup
The title plate of "Shanghai Municipal Administrative Law Enforcement Bureau of City Administration" (hereinafter referred to as the Municipal Law Enforcement Bureau of City Administration) shall be additionally hung up in the Municipal City Appearance and Environmental Sanitation Bureau and the practice of "Two Titles, One Team" be carried out. The Municipal Law Enforcement Bureau of City Administration is the administrative organ responsible for the work of relatively-centralized power of administrative punishment and is qualified for being an independent administrative law-enforcement subject.
After the establishment of the Municipal Law Enforcement Bureau of City Administration, the functions of related municipal departments shall be correspondingly adjusted. The Municipal Commission of Construction and Communications shall be responsible for the comprehensive coordination in the work of relatively-centralized power of administrative punishment in city administration, as well as for the drafting and formulation of relevant comprehensive policies. The specific administrative functions that used to be undertaken by the Municipal Commission of Construction and Communications in the work of relatively-centralized power of administrative punishment in city administration shall be transferred to the Municipal Law Enforcement Bureau of City Administration. The setup of the office of Shanghai Municipal Joint Conference on the Comprehensive Law Enforcement of City Administration shall be adjusted from the Municipal Commission of Construction and Communications to the Municipal Law Enforcement Bureau of City Administration, which shall be responsible for routine work and the handling of relevant affairs.
Shanghai Municipal Law Enforcement Head Brigade of City Administration, which is affiliated to the Municipal Law Enforcement Bureau of City Administration, is entrusted by the latter to undertake the specific routine of the work of relatively-centralized power of administrative punishment in city administration. Meanwhile, Shanghai Municipal Supervision Head Brigade of City Appearance and Shanghai Municipal Supervision Brigade of Gardening and Greening shall be dissolved.
The inner organizations and authorized strength of the Municipal Law Enforcement Bureau of City Administration, as well as its affiliated Municipal Law Enforcement Head Brigade of City Administration shall be determined later by the Municipal Organization Office on the principle of simplification, unification and efficiency.
III. Work Requirements
1. Unifying thoughts and cognition. Launching the work of relatively centralized power of administrative punishment in city administration at the municipal level is a major move to strengthen city administration and explore the establishment of the administrative system and the administrative law-enforcement mechanism, which correspond with the socialist market-economy system, involving the re-allocation of the power of administrative punishment among relevant municipal administrative departments. All relevant departments shall fully recognize the necessity and importance of the work of relatively centralized power of administrative punishment in the field of city administration and shall guarantee the orderly and successful progress of this work according to the unified arrangements of the Municipal Government.
2. Ascertaining the responsibilities. The Legislative Affairs Office of the Municipal Government shall be responsible for relevant legal affairs in the course of promoting the work of relatively centralized power of administrative punishment; the Municipal Commission of Construction and Communications shall be responsible for coordinating the reform of the administrative system in the work of relatively centralized power of administrative punishment; the Municipal Organization Office shall be responsible for the organizational setup and the determination of the authorized strength of the Municipal Law Enforcement Bureau of City Administration and the Municipal Law Enforcement Head Brigade of City Administration; the Municipal Finance Bureau shall be responsible for examining and approving the routine administrative expenditures and special expenditures of the Municipal Law Enforcement Bureau of City Administration; the Municipal City Appearance and Environmental Sanitation Administration shall be responsible for the specific preparatory work for the Municipal Law Enforcement Bureau of City Administration and the Municipal Law Enforcement Head Brigade of City Administration; the related administrative departments, including the Municipal Public Works Administration, the Municipal Greening Administration, the Municipal Water Affairs Bureau, the Municipal Environmental Protection Bureau, the Municipal Bureau of Public Security, the Municipal Administration of Industry and Commerce, the Municipal Housing, Land and Rescores Administration and the Municipal City Planning Administration etc. shall actively extend support and cooperation in carrying out the work of relatively centralized power of administrative punishment in city administration.
3. Straightening out mutual relations. First, it is necessary to straighten out the relations between the Municipal City Appearance and Environmental Sanitation Administration and the Municipal Law Enforcement Bureau of City Administration. The former shall undertake the administrative work involving city appearance and environmental sanitation. The latter shall undertake the work of relatively centralized power of administrative punishment in city administration. Second, it is necessary to straighten out the relations between the Municipal Law Enforcement Bureau of City Administration and the relevant municipal administrative departments. After the former has exercised the relatively-centralized power of administrative punishment in city administration according to relevant regulations, the latter shall not exercise again the power already exercised by the former; in the former' s activity of performing its duty, the latter shall extend support and cooperation. Third, it is necessary to straighten out the relations between the Municipal Law Enforcement Bureau of City Administration and the district / county law enforcement departments of city administration. The downward shift of the crux of the relatively-centralized power of administrative punishment in city administration shall be adhered to, and the district / county law enforcement organs of city administration shall perform the work of relatively-centralized power of administrative punishment under the leadership of the district/county governments and accept professional guidance and supervision from the Municipal Law Enforcement Bureau of City Administration.
4. Formulating the necessary auxiliary systems. The Legislative Affairs Office of the Municipal People' s Government shall, jointly with relevant municipal administration departments, lose no time in drafting and revising relevant government rules and regulations and normative documents, and submit them to the Municipal Government according to the prescribed procedure; the Municipal Law Enforcement Bureau of City Administration shall formulate relevant auxiliary systems in accordance with the laws and regulations of the State and this Municipality.
5. Strengthening the building of ranks. It is necessary to intensify the political education and legal training for the law-enforcement personnel so that they may perform their law enforcement duties strictly according to law, strive to raise their level of administrative law enforcement, adapt themselves as soon as possible to the requirements for performing their new functions, and ensure their law-enforcement being conducted in a strict, fair and civilized way.
V. Implementation Time
On August 1, 2005, the Municipal Law Enforcement Bureau of City Administration shall begin to exercise the relatively-centralized power of administrative punishment in city administration at the municipal level. At that time, the relevant administrative departments shall stop exercising their related power of administrative punishment.
The adjustments of the district / county comprehensive law enforcement organs of city administration shall be made together with the organizational reform of district / county governments after the system of relatively centralized power of administrative punishment in city administration at the municipal level operating for a while.


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