(Adopted at the Thirty-first Session Executive Meeting of the Tenth People's Government of Shijiazhuang Municipality on February 18, 2000, promulgated for implementation by Decree No. 111 of People's Government of Shijiazhuang Municipality on March 2, 2000.)
Article 1.These rules are formulated in accordance with Administrative Punishment Law of P.R. China (hereinafter referred as rules for administrative punishment) and concerning regulations and in combination with the actual conditions of the municipality for the purpose of setting the criterion for the procedure of administrative punishment, guaranteeing and supervising the effective administrative management of administrative authorities, maintaining the legal rights of citizens, corporations, and other organizations.
Article 2.These rules shall be observed in the administrative punishment implemented by all levels of administrative executive authorities, organizations commissioned or authorized by laws or regulations (hereinafter generally referred as administrative authorities).
Article 3. Commission of implementing administrative punishment shall abide by rules in administrative punishment law, and apply for the approval of People's Government of the municipality.
Letter of commitment of implementing administrative punishment, which is offered to the commissioned organization by administrative authorities, shall clarify the basis, content, purview, precinct, term and equivalent responsibility, and be submitted to legal department of local people's government for recording.
Article 4. Administrative punishment falls within the competence of People's Government above county level in the area where the illegal act occurs and its subordinate administrative authorities with administrative punishment power. Additional rules in laws and administrative regulations shall enjoy priority.
The same illegal act of the party within the competence of more than two administrative authorities, shall be punished by the administrative authorities which firstly engages the case. The same illegal act, which is in violation of more than two rules of laws and regulations, is the exception.
If administrative authorities have dispute on the jurisdiction, the common superior administrative organ shall specify the one which is responsible for jurisdiction.
Article 5. Administrative organs shall abide by the following rules in the process of implementing administrative punishment:
(1) Employ standard executive expression;
(2) Show the administrative executive certificate approved or filed by People's Government (hereinafter referred to as executive certificate);
(3) Notify the party of illegal fact, reason and basis for punishment;
(4) Receive the statement and excuse of the party;
(5) Order the party to rectify or rectify illegal act in limited period. Rules concerned in laws, regulations shall be followed to order the party to rectify illegal act before administrative punishment is implemented.
Article 6. Administrative punishment is invalid in the following cases.
(1) Illegal act of the party is minor and has been rectified in time, thus leads to no harmful result;
(2) The party who is in violation of law is less than 14 years old;
(3) The party who has mental diseases violates the law during the period when he/she cannot control his/her own act or cannot recognize his/her own act.
Article 7. Law-enforcing personnel shall abide by the following rules when he/she works out the administrative punishment of less than RMB 50 yuan to citizens, of less than RMB 1000 yuan or warning to corporations or other organizations on the spot:
(1) Fill out the administrative punishment judgment form with fixed format and serial number. The form shall clarify the illegal act of the party, basis of administrative punishment, forfeit amount, time, place and name of administrative organ, and be also signed or sealed by law-enforcing personnel.
(2) Explain the fact, reason and basis of implementing administrative punishment, and tell the party that he/she is entitled to raise statement and excuse; the excuse of the party shall be noted down.
(3) Deliver the punishment judgment letter to the party on the spot, and notify him/her of right to apply for administrative reconsideration or raise administrative lawsuit according to laws if he/she disagrees with the administrative punishment.
(4) Report the administrative punishment to the superior administrative organ within two days (as to the commissioned enforcing unit, it shall report it to the superior organ within fifteen days) for file.
If forfeit is collected on the spot, the party shall be offered unified forfeit receipt which is manufactured and distributed by provincial financial department. And the forfeit shall be submitted to administrative organ within the limited period according to the rules of Administrative Punishment Law.
Article 8. Except for the case that could be imposed administrative punishment on the spot judicially, law-enforcing personnel shall follow the common procedure of Administrative Punishment Law if the illegal act of citizens, corporations or other organizations is due to administrative punishment. Common procedure is as follows:
(1) Establish the case;
(2) Investigation or check, which refers to the interrogation of the party or insider, and field survey or technical identification;
(3) Analyze the case and propose ideas;
(4) Inform of the opinion and accept the statement and explanation of the party;
(5) Make the decision of whether implements the punishment or not and how to punish;
(6) Make and deliver administrative punishment judgment letter.
As to the case which complies with hearing procedure, Article 16 in these rules shall be followed.
Article 9. Law-enforcing personnel shall collect the following evidence during the process of investigation or check:
(1) Documented evidence;
(2) Material evidence;
(3) Video and audio material;
(4) Testimony;
(5) Statement of the party;
(6) Conclusion of identification;
(7) Notes of survey and field notes.
Article 10. The number of law-enforcing personnel shall not be less than 2 when administrative authorities are implementing investigation or check. Meanwhile, they shall show their law-enforcing certificate to the party or people concerned, and make investigation or check notes. The notes shall be signed or sealed by the party and people concerned. If the party and people concerned refuse to sign or seal, more than two law-enforcing personnel shall indicate the course in the notes and sign their names.
Article 11. When collecting evidences, law-enforcing personnel could employ the method of sampling. If the evidence would vanish or get lost, or is hard to get later, it could be registered and kept with the approval of principal of administrative authorities.
Article 12. Administrative authorities shall make the following decisions on the registered evidence within 7 days:
(1) As to the evidence which requires technical examination or identification, send it to be examined or identified;
(2) As to the articles which are not necessary to be confiscated, lift the registration and return to the party;
(3) As to the articles which shall be confiscated, seal up them;
(4) As to the evidence which shall be delivered to departments concerned according to laws, deliver them;
(5) Handle the evidence according to other ways prescribed by rules in laws and regulations.
Article 13. The party shall be at present when administrative authorities are sampling the evidence or register and keep the evidence. If the party is not at present or refuses to be present, law-enforcing personnel could ask more than 2 persons who are not connected with the case to participate.
Articles which are sampled or registered shall be listed (two copies). Lists shall clarify the name, quantity, specification of articles, and also be signed or sealed by law-enforcing personnel and the party, and be kept individually. If the party refuses to sign, seal or accept the list, invited persons could be entitled to sign or seal, and not less than 2 law-enforcing personnel shall clarify the situation on the list.
Registered articles could be kept at the original place. As to the articles which could do harm to public order, public safety, or could be transferred or destroyed, they could be kept at other places.
Article 14. After the end of investigation on the illegal act, law-enforcing personnel shall submit the report on the fact, evidence basis and suggestion of the case to the principal of the administrative authorities in written form. The principal shall review and check the result of investigation, and make decisions as administrative punishment, or no punishment, or transferring the case to judicial authorities.
Article 15. As to the illegal act, which is complicated or severe and shall be dealt with administrative punishment, principals of administrative authorities shall codetermine the punishment. If laws, regulations or rules prescribe that the case shall be approved by People's Government, the decision shall be applied for approval.
Article 16. If the party is entitled to the right of hearing, administrative authorities shall notify the party of it before administrative punishment is implemented. If the party puts forward the demand, administrative authorities shall follow the procedure prescribed by Way to carry out hearing procedure of administrative punishment in Shijiazhuang municipality.
Article 17. Administrative authorities shall deliver administrative punishment judgment letter in terms of administrative punishment decision according to normal procedure. The letter shall convey the following items:
(1) Name or title, address of the party;
(2) Fact and evidence of illegal act;
(3) Type of administrative punishment (including amount of forfeit) and its proof;
(4) Implementing way and time limit of administrative punishment;
(5) Way and time limit of proposing executive lawsuit or applying for executive reconsideration, if the party disagrees with the decision;
(6) Name of administrative authorities which make the decision of administrative punishment and its date.
Administrative punishment judgment letter shall be sealed by administrative authorities which make the decision of punishment.
Article 18. Once administrative punishment is decided, in case of the collective decision of administrative authorities, it shall not be altered randomly by anyone.
If administrative authorities alter the decision of administrative punishment, it shall make notes of discussion, convey legal proof, reason for altering, result of discussion.
Article 19. Administrative punishment judgment letter shall be delivered to the party on the spot after it is declared, and the receiver shall clarify the date, sign or seal on the delivery receipt. If the party refuses to receive it, the deliverer and other two witnesses shall indicate the situation on the delivery receipt, and sign on it. If the party is not at present, it shall be delivered to the party within 7 days after the letter is worked out according to Civil Litigation Law.
Article 20. After administrative punishment is worked out legally, the party shall carry out the decision according to the content, way and time limit prescribed by judgment letter.
As to the party who does not submit forfeit within deadline, administrative authorities could apply for People's Court to implement. 3% of forfeit will be added for each day out of deadline.
Article 21. If the party is really hard in paying forfeit and needs to postpone or pay it for several times, it shall apply for it in written form which conveys detailed feasible postponing plan or payment plan for several times. After the approval of authorities which make the decision, the party could postpone payment or pay it for several times.
Article 22. Except for the case that forfeit could be collected on the spot according to Administrative Punishment Law, the authorities shall offer the judgment letter to the party which shall convey the name, address of forfeit-collecting agent, and the amount of forfeit. It shall also notify the party of the designated bank which collects the forfeit.
Article 23. Illegal money and articles confiscated by authorities, and articles which take the place of forfeit shall be submitted to financial department at the same level. And it could hold the auction publicly according to national rules or manage them according to concerning rules of the country.
Article 24. If administrative authorities or its law-enforcing personnel violate these rules to implement the punishment or confiscate money or article, it shall be charged with legal responsibility according to Administrative Punishment Law.
Article 25.These rules shall come into effect as of May 1st, 2000. Meanwhile, Provisional Rules for Administrative Punishment Procedure of People's Government of Shijiazhuang Municipality shall be terminated.
Criterion documents worked out by various levels of administrative authorities directly directed by the municipality before the commencement of these rules, shall be alter according to these rules if it does not accord with Administrative Punishment Law and these rules.
Because this article is very long, the detail please see an enclosure
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