442.Regulations of Shenzhen Special Economic Zone on the Promotion of Civilized behavior 深圳经济特区文明行为促进条例

发布时间:2017-07-20来源:市法制办字体:【 【内容纠错】

  Regulations of Shenzhen Special Economic Zone on the Promotion of Civilized behavior

  (Adopted at the 19th meeting of the Standing Committee of the 5th Shenzhen Municipal People’s Congress on December 25th, 2012 )

  Chapter I General Principles

  Article 1 In order to propel urban civilization construction, improve the level of urban civilization, develop the Chinese traditional virtues and promote social progress, these regulations are formulated in accordance with the basic principles of laws and administrative regulations, as well as the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as “Special Zone”).

  Article 2 These regulations shall apply to promotion of civilized behavior of Special Zone. In absence of stipulations in these regulations, other relevant laws and regulations shall be applied.

  Article 3 A working mechanism of unified leadership of Shenzhen committee of CPC, organization and implementation by municipal and district governments of Shenzhen, definition of responsibilities of concerned parties, and participation of the whole society shall be established for the promotion of civilized behavior. The inculcation of social morality, professional ethics, family virtues and individual moral character shall be strengthened. The role of citizens as main part shall be played. The citizens’ awareness of law, right, responsibility, commonality and democracy shall be enhanced by guidance.

  Article 4 The municipal and district people's governments shall bring the promotion of civilized behavior into the national economic and social development planning, clearly define overall objectives, tasks and requirements, and formulate relevant policies and measures.

  Article 5 The municipal and district people's governments, and the relevant state authorities shall establish and improve a long-term mechanism for promotion of civilized behavior, and make effort to realize a scientized, normalized and institutionalized promotion of civilized behavior.

  Article 6 Enterprises, public institutions, and social organizations shall be given encouragement and support to play their own advantages, and actively participate in the promotion of civilized behavior.

  Chapter II Encouragement and Promotion

  Article 7 The civilized behaviors encouraged and promoted by these regulations include:

  (1)loving the country, observing disciplines and obey the laws;

  (2)observing the public order and maintaining the public environment;

  (3)protecting the ecological environment and conserving resources;

  (4)participating in social volunteer service, social welfare and social charitable activities;

  (5)being honest, trustworthy, diligent and self-disciplined;

  (6)being friendly, merciful, accommodating and ready to help others for a just cause;

  (7)cherishing life and sticking to healthy lifestyle;

  (8)other behaviors that are beneficial to harmonious development of nature, social and family.

  Article 8 The municipal and district people's governments, and the relevant organs shall establish and improve civilized behavior reward and recognition system to standardize and integrate various activities of reward and recognition.

  State organs, enterprises, public institutions and social organizations shall actively participate in or organize their personnel to participate in activities of public appraisal and recognition of civilized behaviors, in combination with the actual situations of their respective region, department, industry and entity.

  Article 9 Enterprises shall be encouraged to reward and recognize their employees for the civilized behaviors.

  Where an enterprise with the municipal or higher honorary title of construction of spiritual civilization pays it's employee(s) bonus , it may draw the bonus from wages based on benefits and calculate the bonus in the cost of production.

  Article 10 The municipal and district people's governments, and the relevant entities shall guide social organizations to participate in the urban civilization construction, take measures to foster various social welfare and charitable organizations and encourage public charitable organizations to play their role in the process of urban civilization construction.

  Article 11 Record file of civilized behaviors shall be explored and established. Individual civilized behaviors shall be recorded according to the principle of free will.

  An individual who conducts civilized behavior(s) may be rewarded bonus, honor of recognition, credits for getting registered permanent residence of Shenzhen and so on....

  Article 12 Blood donation, bone marrow donation and organ donation shall be encouraged.

  Any individual, who has donated blood, bone marrow or/and organ(s), shall together with whose spouse, child/children and parent(s ) have the priority or preferential treatment in bone marrow, organ transplantation and blood use.

  Article 13 The municipal and district people's governments, and the relevant entities shall establish and improve the system of helping advanced individuals in civilization who have difficulties, and take measures to help protect their legitimate rights and interests, and to solve their practical difficulties.

  Article 14 The municipal and district people's governments shall take measures to improve the community environment, develop community service, maintain orders in the community and create community culture

  Article 15 Residents' committees and community workstations shall actively organize civilization cooperation with entities in their communities or areas, mutual help and sodality in neighborhood community and other activities to promote construction of harmonious communities, construct harmonious interpersonal relationships, and cultivate behavioral habits of civilized communication.

  Article 16 In order to promote the social participation in volunteer service, establishment of various social volunteer service teams shall be encouraged and supported, the field of voluntary service shall be broadened and methods of volunteer services shall be innovated.

  Article 17 The consciousness of civilized behaviors in public places shall be cultivated. People shall arrange themselves in orderly lines and shall not talk loudly in public places.

  Relevant entities shall provide convenience when volunteer service organizations and other social volunteer organizations are giving guidance to civilized order and other volunteer work in public places according to the relevant provisions.

  Article 18 Entities and individuals shall be encouraged to carry out propaganda activities of civilized behaviors to promote the construction of urban civilization. Publicity of deeds of moral model, civilized citizen and other outstanding individuals, and publicity of experiences of advanced entities in civilization shall be encouraged.

  Article 19 Newspapers, radios, televisions, websites and other public media shall actively publicize the construction of urban civilization through forums, columns, public service advertising and other forms to create an atmosphere of encouraging and promoting civilization in the whole society.

  The specific period of time, layout and frequency of public service advertising in publication and broadcasting shall be executed in accordance with the relevant provisions of the municipal people's government.

  Chapter III Responsibilities and Implementation

  Article 20 Promotion of civilized behaviors shall be implemented by civilization promotion agencies. Civilization promotion agencies shall perform the following functions and duties:

  (1)drafting plans for the development of urban civilization construction and relevant regulations;

  (2) directing and coordinating the relevant entities to carry out the specific work of the construction of urban civilization;

  (3) supervising and inspecting the work of the implementation of the construction of urban civilization;

  (4) preparing promotional and educational materials of civilized behaviors in conjunction with relevant entities;

  (5)regularly assessing and notifying on the implementation of these regulations in the whole city;

  (6)accepting and dealing with proposals and complaints according to relevant provisions;

  (7) other work relating to promotion of civilized behaviors.

  Article 21 A joint meeting system of civilized behavior promotion shall be established for researching and drafting policies concerning the work of civilized behavior promotion, coordinating and solving relevant major issues, and notifying the construction situation of urban civilization. The joint meetings shall be regularly convened by the municipal civilization promotion agencies.

  Members of the joint meeting shall designate a special institution to be responsible for organizing the implementation of specific promotion work of civilized behaviors.

  Article 22 A decision-making advisory system of construction of urban civilization shall be explored and established. The research of theory and practice of urban civilization construction shall be carried out to provide decision-making advice for promotion of civilized behaviors.

  Article 23 The municipal and district people's governments shall set up financing mechanism of urban civilization construction. The municipal finance department shall integrate all kinds of special funds of urban civilization construction and make efforts for standardized management and unified use of these funds.

  Enterprises, social organizations and individuals shall be guided and encouraged to give fund and material support to the construction of urban civilization.

  Article 24 The municipal and district people's governments shall increase infrastructure investment in the construction of urban civilization, scientifically plan, construct and manage urban civilization infrastructure to promote the construction of urban civilization.

  Article 25 State organs, enterprises, public institutions and social organizations shall integrate the norms of civilized behaviors into their norms of occupational ethics, and fit the training of civilized behaviors into their Induction and on-the-job training.

  Industries and entities providing customer services shall, ?in combination with their own conditions, take measures to strengthen their guidance work of civilized behaviors.

  Article 26 Educational administrative departments and educational institutions shall put the education of civilized behaviors in education and teaching plan to cultivate the civilized habits of students and trainees, so as to form the civilization atmosphere.

  Law popularization institutions at all levels shall put the propaganda and education of civilized behaviors into the work scope of law popularization.

  Article 27 Transportation, tourism and other administrative departments shall distribute propaganda materials, play audio and video at airport, wharfs, stations, ports, restaurants, scenic spots and other public places to promote and advocate civilized travel.

  Article 28 State organs, enterprises, public institutions, other organizations and individuals shall dissuade people from uncivilized behaviors in their workplaces or places of business, as well as promptly inform the relevant administrative law-enforcement departments of the illegal commitments, and assist in collecting evidence.

  Article 29 Enterprises providing property management services and security services shall dissuade people from uncivilized behaviors in their service zones, as well as stop the illegal commitments immediately, and inform the relevant administrative law-enforcement departments, and assist in collecting evidence.

  Article 30 When investigating into uncivilized behavior, administrative law-enforcement officials shall have the right to require any offender to provide name, address and contact telephone number and other information, as well as identification documents to confirm his/her identity.

  If an offender refuses to provide the name, address, telephone number or to produce identification documents to confirm his/her identity, the law-enforcement officials may ask the police for on-site inspection according?to?Hoyle.

  Article 31 Relevant administrative law-enforcement departments may record on site illegal uncivilized behaviors by taking photography, videography, written record and other ways, and use the records as the facts for punishment. On-site records shall be clear, specific and standardized.

  Article 32 The public security, urban management and other administrative law-enforcement departments shall establish the mechanism of sharing evidence and information of illegal uncivilized behaviors, and the mechanism of law-enforcement cooperation.

  Article 33 The public security departments may, in accordance with laws, establish or designate specialized agencies and detached offices to assist urban management and other administrative law-enforcement departments to carry out law-enforcement activities.

  The People's Courts may establish a court or a professional judicial tribunal on urban management in accordance with laws.

  Chapter Ⅳ Supervision and Examination

  Article 34 The municipal and district people's congresses and their standing committees shall supervise the construction of urban civilization in accordance with laws, organize and invite deputies as well as representatives of the concerned parties to inspect and examine the work on the construction of urban civilization, and listen to the entities’ reports on construction of civilized city.

  Article 35 The municipal and district people's governments, and civilization promotion agencies shall establish and improve the responsibility system and evaluation system of urban civilization construction, and sign letters of responsibility with responsible entities, and inspect and evaluate the implementation of the letters of responsibility.

  Article 36 Urban civilization promotion agencies shall establish evaluation index system of urban civilization, regularly carry out social survey on civilized behaviors, poll and evaluation work, and publish the results of the evaluation.

  Article 37 Any entity or individual may report illegal uncivilized behavior(s) by giving phone call, via internet, by sending letter or other means. If the reported fact is clear and specific, relevant administrative department(s) shall timely deal with and inform the reporter of the result.

  Article 38 Any entity or individual shall have the right to express opinion or suggestion on urban civilization. Where any opinion or suggestion is adopted, the corresponding entity or individual may be praised or rewarded.

  Article 39 Newspapers, radios, televisions, websites and other public media shall strengthen the public opinion supervision of uncivilized behaviors, and no entity or individual shall make illegal interference.

  Article 40 Any entity or individual shall have the right to make criticism and complaints on nonperformance or improper performance of the statutory duties of the construction of urban civilization by relevant departments and their staff.

  Chapter Ⅴ Legal Liability

  Article 41 The relevant administrative law-enforcement department shall order anyone, who commits any one of the following behaviors, to correct, and impose a fine of the maximum amount prescribed in relevant laws and regulations:

  (1)spitting or throwing residue of gum, residue of sugarcane , peel, kernel, scraps of paper, cigarette butt or other wastes;

  (2) spitting, urinating in public places;

  (3) throwing debris into the urban green space, or tread on urban green space with prohibiting signs;

  (4) damaging urban green space;

  (5)unwarranted random posting, smearing scrawling, carving, or drawing on the outside walls of buildings, structures, public facilities, pipelines, other outdoor facilities ,or trees;

  (6)throwing garbage and other waste out of the buildings or vehicles;

  (7)placing, dumping and burning garbage or other wastes in a non-designated place;

  (8)failing to remove pet feces on roads, both sides of roads or other public places by pet takers;

  (9)illegally occupying, damaging or dismantling any environmental sanitation facility, or changing it′s function;

  (10)smoking in public places with no-smoking signs and disregarding the dissuasion;

  (11)committing other illegal uncivilized behaviors that shall be given severer punishment by laws and regulations.

  Article 42 Anyone, who has committed any one of same behavior listed in the Article 41 for more than three times within a year, shall be imposed a fine of double maximum amount from the fourth violation.

  Article 43 For anyone who has committed any one of the behaviors listed in the Article 41 and refused to fulfill the punishment decision, the relevant administrative law-enforcement department may inform his/her employer or community about the punishment decision.

  Article 44 Anyone, who has been given fine punishment for any illegal uncivilized behavior, may apply to participate in social services arranged by the administrative law-enforcement departments.

  Hours of participation in social service may be offset against the fine with a limit of half amount in total of the fine. Participation in social service shall be taken by the offender himself/herself. If the social service is given by another person, or other fraud is found, the relevant administrative law-enforcement department shall resume implementation of the original fine punishment decision and inform credit agency of the falsifications as individual credit information.

  Specific measures for implementation of social services will be separately formulated by the Municipal People's Government of Shenzhen.

  Article 45 Anyone, who fails to fulfill the dissuading obligation in violation of the Article 28 or the Article 29, shall bear the corresponding legal responsibility.

  Article 46 Any relevant administrative law-enforcement department, that gives administrative punishment of fine in accordance with laws and regulations, shall follow the separation of fine punishment decision and fine collection in accordance with relevant laws and administrative regulations, except for collecting fine on site. The fine shall be turned?over?to?the state treasury.

  A fine of less than 50 Yuan shall be decided and collected by the administrative law enforcement officials on site, while a receipt uniformly printed by the finance department shall be issued.

  Article 47 Any relevant department or official failing to perform duty and function, or abusing power, engaging in malpractice for personal gains, neglecting duty shall be given administrative sanction by the relevant department or the administrative supervision department. Where a crime is constituted, the case shall be transferred to the judicial organ according to law.

  Chapter VI Supplementary Provisions

  Article 48 Where these Regulations stipulate that specific implementation measures or specific provisions are to be formulated by the municipal government or relevant departments, they shall be formulated within 6 months from the date of implementation of these Regulations.

  Article 49 The new administrative district of Guangming, Pingshan, Longhua or Dapeng shall be regarded as the district referred to in these Regulations

  Article 50 These Regulations shall take effect as of March 1 , 2013.