453 Regulations of Shenzhen Special Economic Zone on Comprehensive Law Enforcement of Urban Management 深圳经济特区城市管理综合执法条例

发布时间:2018-06-04来源:深圳市法制办字体:【 【内容纠错】

  Regulations of Shenzhen Special Economic Zone on Comprehensive Law Enforcement of Urban Management

  (Adopted at the 23rd meeting of the Standing committee of the 5th Shenzhen Municipal People’s Congress on June 28th, 2013)

  Chapter Ⅰ General Provisions

  Article 1 For the purposes of regulating comprehensive law-enforcing activities of urban management , improving administration according to law, and protecting legal rights and interests of citizens, legal persons and other organizations, these Regulations are formulated in accordance with the Administrative Punishment Law of People’s Republic of China and other relevant provisions of laws and administrative regulations as well as the actual circumstances of Shenzhen Special Economic Zone.

  Article 2 For the purpose of these Regulations, comprehensive law enforcement of urban management (hereinafter referred to as the “Comprehensive Law Enforcement”) refers to the activities that municipal and district urban management administrative law enforcement authorities, according to relevant provisions, exercise administrative punishment power in relevant urban management area in a relatively centralized way, and uniformly carry out administrative law enforcement for related offences.

  Article 3 These Regulations shall be applicable to the Comprehensive Law Enforcement within Shenzhen Special Economic Zone.

  Article 4 The municipal urban management administrative law enforcement authority (hereinafter referred to as the “Municipal Comprehensive Law Enforcement Authority”) shall be the administrative department of the Comprehensive Law Enforcement and be responsible for the implementation of these Regulations.

  The district urban management administrative law enforcement authorities (hereinafter referred to as “District Comprehensive Law Enforcement Authorities”) shall be responsible for the Comprehensive Law Enforcement within their respective jurisdictions.

  The subdistrict urban management administrative law enforcement teams (hereinafter referred to as “Subdistrict Law Enforcement Teams”) shall carry out the Comprehensive Law Enforcement in the name of the respective District Comprehensive Law Enforcement Authorities.

  Article 5 The departments of public security, education, culture, construction, hygiene, environment protection, market supervision, transportation and other relevant administrative departments (hereinafter referred to as “Relevant Administrative Departments” collectively) shall, pursuant to their respective responsibilities, assist comprehensive law enforcement authorities to implement these Regulations.

  Article 6 Comprehensive Law Enforcement Authorities shall abide by the principles of being lawful, reasonable, fair and open, adhere to the combination of punishment and education, management and guidance, law enforcement and service, enforce law in a strict, standard and civilized way, and accept supervision of the society consciously.

  Article 7 Citizens, legal persons and other organizations shall support and assist Comprehensive Law Enforcement, and shall be entitled to discourage, suppress or report violations of urban management.

  Municipal and district people’s governments shall make grass-roots level self-governing bodies and volunteer organizations to play a role in urban management, and encourage social organizations to participate in and assist the Comprehensive Law Enforcement.

  Chapter Ⅱ Range of Responsibilities and Jurisdiction

  Article 8 Matters included into the range of responsibilities of the Comprehensive Law Enforcement shall conform to one of the following conditions:

  (1)Being within the range of responsibilities of urban management administrative departments;

  (2)Being closely related to urban management and easy to judge and determine the nature without specialized equipment and technical means of detection.

  Article 9 The range of responsibilities of the Comprehensive Law Enforcement shall include:

  (1)Investigating and dealing with the violations of management provisions on urban appearance, environmental sanitation, landscaping, urban lighting and night lighting facilities, patriotic hygiene and dog feeding according to relevant laws, regulations and rules on urban management;

  (2)Investigating and dealing with the violations of management provisions on forestry according to relevant laws, regulations and rules on forestry management;

  (3) Investigating and dealing with the activities of setting up non-transport facilities or stalls to sell goods in occupation of urban municipal roads or sidewalks without authorization according to relevant laws, regulations and rules on road management;

  (4)Investigating and dealing with illegal installation of outdoor advertising facilities according to relevant laws, regulations and rules on outdoor advertising management;

  (5)Investigating and punishing incineration of solid waste without approval according to relevant laws, regulations and rules on environmental protection management;

  (6)Investigating and dealing with unauthorized slaughterhouses and illegal slaughtering of livestock and poultry according to relevant laws, regulations and rules on slaughtering of livestock and poultry management;

  (7)Investigating and dealing with unauthorized outdoor commercial performances according to relevant laws, regulations and rules on culture market management;

  (8)Other responsibilities provided in laws, regulations and rules or decided by the State Council, provincial or municipal people's government.

  Article 10 The main responsibilities of the Municipal Comprehensive Law Enforcement Authority are as follows:

  (1)Implementing relevant laws, regulations, rules and decisions of the State Council, provincial and municipal people's governments, researching and formulating municipal rules and regulations, management objectives, assessment criteria and annual work tasks on the Comprehensive Law Enforcement, and organizing inspection of implementation;

  (2)Handling cases that relate to more than one district and that are serious or complex, as well as cases assigned by the municipal people's government;

  (3)Instructing, inspecting, supervising and assessing the work of district Comprehensive law enforcement authorities, as well as organizing district Comprehensive law enforcement authorities to carry out law enforcement activities concertedly in accordance with needs;

  (4)Strengthening the team construction of law enforcement authorities, organizing training, and improving the quality of comprehensive law enforcement personnel.

  Article 11 The main responsibilities of District Comprehensive Law Enforcement Authorities are as follows:

  (1)Implementing relevant laws, regulations, rules and decisions of the State Council, provincial and municipal people's governments, and fulfilling relevant specific requests and tasks;

  (2)Handling cases that are across subdistricts within their respective administrative areas, and that are serious and complex cases, as well as cases assigned by the Municipal Comprehensive Law Enforcement Authority and district people's governments;

  (3)Guiding, inspecting, supervising law enforcement operations of subdistrict law enforcement teams, and reviewing their performance;

  (4)Participating in law enforcement activities organized by the Municipal Comprehensive Law Enforcement Authority. Organizing subdistrict enforcement teams to carry out law enforcement activities concertedly.

  Article 12 The main responsibilities of Subdistrict Law Enforcement Teams are as follows:

  (1)Implementing relevant laws, regulations, rules and decisions of the State Council, provincial and municipal people's governments, and fulfilling specific responsibilities of comprehensive law enforcement;

  (2)Cooperating with and assisting in comprehensive law enforcement activities organized by municipal and district comprehensive law enforcement authorities;

  (3)Handling the violations within the scope of comprehensive law enforcement according to law;

  (4)Handling cases assigned by district comprehensive law enforcement authorities.

  Article 13 Specific standards of serious and complex cases shall be formulated by the Municipal Comprehensive Law Enforcement Authority.

  Article 14 Comprehensive law enforcement authorities may entrust relevant matters within the scope of comprehensive law enforcement to organizations that comply with statutory requirements to carry out comprehensive law enforcement within the area of railway stations, airports and bonded zones.

  Article 15 If, in the process of investigating and dealing with illegal behaviors, a subdistrict law enforcement team deems necessary for the district comprehensive law enforcement authority to have jurisdiction, the subdistrict law enforcement team may apply to the district comprehensive law enforcement authority.

  If the district comprehensive law enforcement authority deems necessary to have jurisdiction, it shall accept the case; otherwise, the case shall still be handled by the subdistrict law enforcement team.

  Article 16 If, in the process of investigating and dealing with illegal behaviors, a district comprehensive law enforcement authority deems necessary for the Municipal Comprehensive Law Enforcement Authority to have jurisdiction, it may apply to the Municipal Comprehensive Law Enforcement Authority.

  If the municipal comprehensive law enforcement authority deems necessary to have jurisdiction, it shall accept the case; otherwise, the case shall still be handled by the district comprehensive law enforcement authority.

  Article 17 The municipal comprehensive law enforcement authority may directly investigate and deal with cases that are within the jurisdiction of district comprehensive law enforcement authorities and subdistrict law enforcement teams if it deems necessary.

  A district comprehensive law enforcement authority may directly investigate and deal with cases that are within the jurisdiction of subdistrict law enforcement teams if it deems necessary.

  Article 18 If there is a dispute over a jurisdiction among district Comprehensive law enforcement authorities or subdistrict law enforcement teams, their superior comprehensive law enforcement authority shall designate the jurisdiction.

  Chapter III Law Enforcement Measures and Norms

  Article 19 Comprehensive law enforcement authorities shall strictly abide by provisions of laws, regulations and rules in the process of law enforcement, conduct investigation and evidence collection comprehensively, objectively and impartially, and carry out law enforcement activities according to law when investigating and dealing with illegal activities.

  The Municipal Law Enforcement Authority shall formulate practice norms for comprehensive law enforcement and make them public.

  Article 20 Comprehensive law enforcement personnel shall have qualifications on administrative law enforcement, be dressed uniformly, act normally, use civilized language, follow legal procedures, and shall not infringe upon legitimate rights and interests of the parties in the process of law enforcement.

  Article 21 Comprehensive law enforcement authorities shall establish systems of routine inspections, detect timely, investigate and deal with illegal activities within the scope of comprehensive law enforcement.

  Article 22 Comprehensive law enforcement authorities shall impose no administrative penalty on an illegal activity that is minor, has been corrected timely, and has caused no harmful consequences.

  Article 23 Comprehensive law enforcement departments, before deciding to impose administrative penalties, shall notify the parties of the facts, grounds and basis according to which the administrative penalties are to be decided and shall notify the parties of the rights that they enjoy in accordance with law.

  Article 24 Comprehensive law enforcement authorities may, when investigating and dealing with an illegal act, take the following measures:

  (1)recording information about the identity and residence of the parties;

  (2)requiring the parties and witnesses, making written record for the inquiry or investigation;

  (3)collecting and obtaining relevant material evidence. If it is inconvenient to obtain material evidence, the authority may take photos or videos that reflect exterior appearance or content of the objects and make relevant indications;

  (4)entering the spot for inspection, examination, sound recording, photographing, videoing, or making written record on the spot;

  (5)other measures stipulated by laws, regulations and rules.

  Written record shall be signed or sealed by the parties, witnesses and two or more comprehensive law enforcement personnel. If a party refuses to sign, it shall be noted in the record; if parties are not present, attesting witnesses shall be invited to the spot and the record shall be signed or sealed by the witnesses and comprehensive law enforcement personnel.

  Article 25 Comprehensive law enforcement authorities shall implement sealing up, seizure and other compulsory administrative measures according to law.

  In order to stop an illegal activity that is taking place, to avoid the happening of harm and danger or to control the expanding of harm and danger, the comprehensive law enforcement authority may take emergency measures in accordance with relevant provisions, report to the person in charge of the authority and complete relevant formalities within 24 hours. Once the harm or danger ends, the emergency measures shall be lifted in time.

  Article 26 If the party is a legal person or a person who can provide proof of identity information, and the illegal activity is minor or has no significant social harm, the Comprehensive law enforcement authority may take no compulsory administrative measure.

  Article 27 An Comprehensive law enforcement authorities shall inform the parties to be present when carrying out sealing up or seizure measures. If the parties are not present, the authority shall invite attesting witnesses to be present and then carry out sealing up or seizure measures; form of decision for sealing up or seizure and the list of items sealed up or seized shall be served to the parties with reference to the provisions of laws and regulations.

  Article 28 Fresh goods or other property that are sealed up or seized and are not easy to be kept in custody may be auctioned or sold according to law with the approval by the person in charge of the comprehensive law enforcement authority. If impossible to be auctioned or sold, they may be destroyed after approval by the person in charge of the authority and relevant evidence shall be retained.

  Flammable, explosive goods, hazardous chemicals and other dangerous articles that are sealed up or seized shall be forwarded to relevant departments to be dealt with in a timely manner.

  Article 29 Where, after the sealing up or seizure measures have been taken, the party fails to accept investigation and processing before deadlines prescribed by the comprehensive law enforcement authority, the authority shall make an announcement. Where the party fails to accept investigation and processing within 60 days after the announcement, the property sealed up or seized shall be auctioned or sold according to law, and the proceeds shall be turned over to the treasury.

  Article 30 Comprehensive law enforcement authorities shall record and archive the processing details of the property sealed up or seized.

  Article 31 Comprehensive law enforcement authorities shall serve legal documents according to the provisions of laws and regulations.

  For legal documents relating to illegal structures or facilities, where direct service, indwelling service, postal service, forwarded service and entrusted service all fail, the service person may, witnessed by the residents’ committee thereof or other community basic organization, post the relevant legal documents on prominent positions of the illegal structures or facilities and the service shall be considered completed after 3 days.

  Article 32 If the party fails to carry out the decision on administrative penalty within the time limit, the comprehensive law enforcement authority may adopt the following measures:

  (1)to impose an additional fine at the rate of 3% of the amount of the fine per day, and the total amount of the additional fine shall not exceed the amount of the original fine;

  (2)to arrange the party to participate in the social service assigned by the comprehensive law enforcement authority after the party has applied if the party truly has financial difficulties to pay the fine;

  (3)to inform the unit or the residents’ committee the party belongs to for them to assist to publicize the decision;

  (4)to inform social security, affordable housing, market regulation, financial regulation, public credit and other relevant organizations to input the party’s illegal information into the personal credit record system;

  (5)to apply to a people's court for compulsory enforcement.

  Article 33 The comprehensive law enforcement authorities, in accordance with their needs, may employ auxiliary personnel to assist in law enforcement. The authorities shall strengthen the supervision and administration on auxiliary personnel. Administrative measures on auxiliary law enforcement personnel shall be formulated separately by the Municipal Comprehensive Law Enforcement Authority.

  Auxiliary law enforcement personnel may assume the clerical work in law enforcement and discourage or suppress illegal activities, but shall not exercise the powers of administrative inspection, administrative enforcement and administrative penalty.

  Chapter Ⅳ Law Enforcement Guarantee and Coordination

  Article 34 Comprehensive law enforcement personnel’s power to carry out administrative law enforcement activities in accordance with law shall be protected by law. No organization or individual may obstruct or interfere with law enforcement personnel performing official business according to law.

  Article 35 Municipal and district people’s governments and subdistrict offices shall strengthen comprehensive law enforcement team-building, improve the professional quality of law enforcement personnel, and allocate law enforcement personnel rationally.

  Municipal and district people’s governments and subdistrict offices shall strengthen leadership, support and protection for comprehensive law enforcement work. No staffing of subdistrict law enforcement teams shall be misappropriated.

  Article 36 Municipal and district people's governments and subdistrict offices shall, based on actual needs of comprehensive law enforcement, apportion law enforcement facilities such as vehicles and video equipment for comprehensive law enforcement authorities, and guarantee their capabilities to perform their duties.

  Article 37 Public security departments shall support, assist and cooperate with comprehensive law enforcement authorities to carry out comprehensive law enforcement activities according to law.

  A coordination mechanism for comprehensive law enforcement authorities and public security departments to share evidence, information and enforcement shall be established. Specific measures for implementation shall be formulated by the municipal government.

  Public security departments shall specify the relevant agencies to assist and cooperate with comprehensive law enforcement authorities in their enforcement.

  Article 38 Public security departments shall stop activities that obstruct comprehensive law enforcement personnel from performing duties according to law in a timely manner, and deal with the illegal activities in accordance with the provisions of laws, regulations and rules.

  Article 39 The violators shall accept investigation in accordance with the requirements of comprehensive law enforcement authorities and provide identification, address, contact phone number and other information.

  If a violator refuses or is unable to provide proof of identity information, comprehensive law enforcement personnel may contact public security departments to provide on-site assistance. The public security department shall send officers to arrive at the scene in a timely manner and to assist law enforcement, and shall take the violator who refuses or is unable to provide identity information away from the scene and process the issue according to law.

  Article 40 People’s courts may establish or designate specialized courts or professional divisions to process lawsuits and enforcement applications relating to comprehensive law enforcement.

  Article 41 If other violation is detected in the discharge of their duties, the comprehensive law enforcement authorities shall transfer the violation to relevant administrative departments to be investigated and dealt with in accordance with relevant provisions.

  If a violation that falls within the scope of comprehensive law enforcement is detected by a relevant administrative department in its course of law enforcement, the relevant administrative department shall transfer the violation to comprehensive law enforcement authorities to be investigated and dealt with in accordance with relevant provisions.

  Comprehensive law enforcement authorities and other administrative departments shall not refuse to accept cases transferred without justified reasons.

  Article 42 Relevant administrative departments shall provide administrative license and other management information relating to comprehensive law enforcement issues to comprehensive law enforcement authorities through network or other suitable means.

  Where there is a need for an comprehensive law enforcement authority to inquire relevant materials in order to investigate and deal with illegal acts, the relevant administrative departments shall cooperate.

  Article 43 If there is a need for a relevant administrative department to provide professional advice during the process of investigating and dealing with illegal acts by an comprehensive law enforcement authority, the administrative department shall issue a written opinion within 5 working days from the date of receiving a written notification. Where the matters involved are complicated, the time limit may be extended, but the extension shall not exceed 10 working days.

  Article 44 Relevant administrative departments shall strengthen collaboration with comprehensive law enforcement authorities and carry out follow-up management work after law enforcement.

  Comprehensive law enforcement authorities shall inform relevant administrative departments of areas and links where illegal activies often occur. The relevant administrative department shall carry out analysis and research, perfect systems, and prevent or reduce illegal activies from the source via using comprehensive management tools.

  Article 45 Comprehensive law enforcement authorities and relevant administrative departments may, according to the needs, organize special enforcement actions jointly and investigate and deal with illegal activies in accordance with their respective responsibilities.

  Article 46 Municipal and district people's governments shall establish and improve comprehensive law enforcement coordination mechanisms, and strengthen coordination among comprehensive law enforcement authorities and other administrative departments concerned.

  If there is a dispute over a jurisdiction among comprehensive law enforcement authorities and relevant administrative departments, it shall be processed in accordance with the provisions of the municipal people’s government on administrative law enforcement coordination.

  Article 47 Official organs, public organizations, enterprises, institutions and other social organizations shall actively support and cooperate with the comprehensive law enforcement work. Their hired security personnel shall assist comprehensive law enforcement authorities, maintain the urban administration order within their region, and have the power to discourage, suppress or report illegal activies detected.

  Chapter Ⅴ Supervision on Law Enforcement

  Article 48 Comprehensive law enforcement authorities shall make public their responsibilities, enforcement agencies, enforcement legal basis, penalty standards, enforcement procedures, supervisions approaches and other matters.

  Article 49 Inspectorates established by comprehensive law enforcement authorities shall form and perfect administrative law enforcement supervision systems, carry out systems of accountability for faulty law enforcement, rectify unsuitable law enforcement activities on the spot, and safeguard and supervise comprehensive law enforcement personnel to perform their duties according to law.

  Measures on internal assessment and supervision of comprehensive law enforcement authorities shall be formulated by the Municipal Law Enforcement Authority separately.

  Article 50 If a relevant administrative department finds that an enforcement activity by an Comprehensive law enforcement authority is illegal or unsuitable, it shall submit a written opinion to the authority concerned, or report to the people’s government of the same level to remedy the situation.

  Article 51 Where a citizen, legal person or other organization finds that an comprehensive law enforcement authority fails to perform its duties or conducts illegal activities, the person or organization shall have the right to report to an administrative supervisory agency, and the agency reported to shall process the report in a timely manner.

  Citizens, legal persons or other organizations have the right to make suggestions and criticisms on comprehensive law enforcement authorities. The comprehensive law enforcement authority shall address the issue seriously and rectify uncivil behavior in law enforcement in a timely manner.

  Article 52 A public review system on comprehensive law enforcement shall be established.

  For a case that is major, complicated, having huge social influence or largely disputed, the Comprehensive law enforcement authority may, before deciding to impose an administrative penalty, invite representatives of people’s congress, members of people’s political consultative committee, and representatives from the public to form a public review panel to review the case, and the review conclusion shall serve as an important reference to the decision on administrative penalty.

  Specific implementation measures on the public review system for comprehensive law enforcement shall be formulated by the municipal government separately.

  Chapter Ⅵ Legal Liability

  Article 53 If an comprehensive law enforcement authority and its law enforcement personnel perform their duties in any of the following manners, the persons who are directly in charge and other persons who are directly responsible for the offense shall be subject to administrative liability; if the offense is serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with law:

  (1)carrying out administrative inspection, administrative punishment or compulsory administrative measures without statutory basis or in violation of legal procedures;

  (2)abusing verbally, threatening or beating a party or damaging items belonging to a party;

  (3)withholding, misappropriating, privately distributing confiscated funds and property or using property that are sealed up or seized;

  (4)soliciting or accepting other person’s property y taking advantage of their functions;

  (5)failing to perform their duties and causing serious consequences;

  (6)other activities that abuse their power, derelict their duties or practice irregularities for personal gain.

  Article 54 The municipal comprehensive law enforcement authority shall report an offense that is in violation of the provisions of Section 2 of Article 35 of these Regulations and misappropriates or uses the subdistrict law enforcement team staffing to relevant departments, and the relevant departments shall rectify the offense and investigate administrative responsibility according to law.

  Article 55 If an administrative department fails to perform its duty to assist or cooperate in violation of the provisions of Article 41 to 44 of these Regulations, the persons who are directly in charge and other persons who are directly responsible for the offense shall be investigated for administrative responsibility by their appointment organ or the administrative monitoring organ.

  Article 56 Offenses that fall within the following circumstances shall be stopped by the public security department and dealt with according to relevant provisions of laws and regulations; if the offense is serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with law:

  (1)obstructing comprehensive law enforcement personnel to carry out enforcement activities by means of violence or threat;

  (2)impeding law enforcement vehicles to pass or damaging law enforcement vehicles and other equipment;

  (3)disturbing public order so that law enforcement activities cannot be carried out properly;

  (4)disrupting the office order of comprehensive law enforcement authorities, resulting in that work cannot be carried out properly;

  (5)threatening, insulting, beating or retributing comprehensive law enforcement personnel and their close relatives, and interfering with their normal life;

  (6)other offenses that hinder law enforcement personnel to carry out their duties.

  Article 57 If comprehensive law enforcement authorities and their law enforcement personnel perform their responsibility in violation of law and thus inflict damage on legal rights and interests of citizens, legal persons or other organizations, they shall be liable for compensation according to law.

  Chapter Ⅶ Supplementary Provisions

  Article 58 Where there are provisions in these Regulations that the municipal government or the municipal comprehensive law enforcement authority shall formulate relevant specific implementation measures, standards, or management measures, the municipal government or the municipal comprehensive law enforcement authority shall formulate and publish those measures within 6 months from the date of commencement of these Regulations.

  Article 59 These Regulations shall come into force on October 1st, 2013.

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