Decision of the Standing Committee of Shanghai Municipal People's Congress on Amending the Regulations of Shanghai Sub-district Office and Other 2 Local Regulations

I. Revision of the Articles of Association of Shanghai Sub-district Office

1. Two paragraphs are added to Article 2 as the second and third paragraphs:

The District People's Government shall strengthen the organizational construction, system construction and team construction of sub-district offices, and provide support and guarantee for sub-district offices to perform their duties according to law.

The functional departments of the Municipal People's Government shall actively participate in and support grassroots governance, create conditions for street offices to perform their duties according to law, empower and increase efficiency, and effectively help grassroots to solve difficulties and problems.

2. The third item of the first paragraph of Article 5 is amended as:

(3) Comprehensively coordinating regional, social and mass work such as urban management, population management, social management, safety management, residential quarters and housing management, and emergency management within the jurisdiction;

3. Two items are added to the first paragraph of Article 5 as items 4 and 5:

(four) to optimize the business environment, coordinate all kinds of resources within the jurisdiction, and do a good job in ensuring the stability of operation and market services;

(five) to carry out relevant administrative law enforcement work according to law;

4. One article is added as Article 10:

Street offices shall carry out administrative law enforcement according to law, and the specific work shall be undertaken by the comprehensive administrative law enforcement agencies affiliated to the street offices. The list of administrative law enforcement matters shall be formulated by the Municipal People's government and announced to the public.

Sub-district offices shall strengthen the construction of law enforcement capacity, carry out administrative law enforcement activities in accordance with the prescribed scope and legal procedures, and enforce the law strictly, standardized, fair and civilized.

5 tenth to eleventh, and the first paragraph is amended as:

Establish an access system for the functional departments of the municipal and district people's governments to hand over administrative affairs within the scope of their duties to the sub-district offices; Without approval, the functional departments of the government shall not entrust the administrative affairs within the scope of their duties to the sub-district offices by signing the responsibility form, decomposing and issuing indicators, checking and accepting, and setting up "one-vote veto" matters.

6 seventeenth to eighteenth, and the first paragraph is amended as:

Sub-district offices should implement the requirements of people's democracy in the whole process, establish and improve the grass-roots democratic consultation mechanism, support NPC deputies' homes, NPC deputies' liaison stations, NPC deputies' contact points and grassroots legislative contact points to play a platform role in contacting the masses, and organize enterprises, institutions, community organizations and residents within their jurisdiction to communicate and coordinate community public affairs involving the vital interests of the masses and the sustainable development of the community through community representative meetings and community committees, and listen to opinions and suggestions.

7 twenty-third to twenty-fourth, and revised as follows:

The functional departments of the municipal and district people's governments and their staff, in violation of the provisions of this Ordinance, sign responsibility forms, decompose and issue indicators, check and accept, set up "one-vote veto" matters, etc., and hand over administrative affairs within the scope of their duties to the sub-district offices without authorization, and do not accept the overall coordination, assessment and supervision of the sub-district offices, or do not solicit the opinions of the sub-district offices. , and shall be ordered by the people's government at the same level to make corrections, informed criticism; If the circumstances are serious, the people's government at the same level or the supervisory organ shall punish the directly responsible person in charge and other directly responsible personnel according to law.

8. Other modifications:

Modify the "planning land resources" in the relevant clauses to "planning resources" and "urban grid comprehensive management institution" to "urban operation comprehensive management platform". Two. Revision of the Regulations of Shanghai Municipality on Administrative Enforcement of Urban Management

1. Delete the third paragraph of Article 4.

2. The second paragraph of Article 14 is amended as:

If two or more district urban management law enforcement departments or sub-district offices or township people's governments have jurisdiction, the jurisdiction that files the case first shall prevail. Any dispute over jurisdiction shall be settled through consultation. If negotiation fails, it shall be submitted to the administrative organ at the same level and at the next higher level of * * * for designated jurisdiction; Can also be directly designated by the administrative organ at the next higher level.

3 sixteenth one paragraph is added as the second paragraph:

Urban management law enforcement personnel engaged in administrative law enforcement activities shall abide by the provisions of law enforcement procedures, accurately apply the administrative penalty discretion benchmark, and use a unified legal document style. Law enforcement procedures, administrative penalty discretion standards and legal document styles shall be formulated by the municipal urban management law enforcement department and announced to the public.

4. Delete the second paragraph of Article 18.

5. One item is added as the third item in the first paragraph of Article 19:

(three) the use of intelligent facilities and equipment to collect electronic data, audio-visual materials and other evidence according to law.

6. Twenty-fourth is added as the third paragraph:

Urban management law enforcement departments, street offices and Township People's governments shall strictly implement the publicity system of administrative law enforcement, the record system of the whole process of law enforcement and the legality review system of major law enforcement decisions.

7. One paragraph is added to Article 25 as the second paragraph:

If the parties agree and sign the confirmation letter, the urban management law enforcement department, the sub-district office and the Township People's Government may send the written decision on administrative punishment to the parties by fax or e-mail.

8. One article is added as Article 26:

Urban management law enforcement departments, sub-district offices and Township People's governments shall make a decision on administrative punishment within 90 days from the date of filing an administrative punishment case; If the decision on administrative punishment cannot be made within the prescribed time limit due to the complexity of the case, it may be extended for thirty days with the approval of the person in charge of the urban management law enforcement department or the sub-district office or the township people's government; If the case is particularly complicated or there are other special circumstances, and a decision cannot be made after the extension, it shall be decided by the urban management law enforcement department or the person in charge of the sub-district office or the township people's government through collective discussion. If it is decided to continue the extension, the extension period shall not exceed 60 days at most. Except as otherwise provided by laws, regulations and rules.

9. Other modifications:

Amend the name of the regulations and the "urban management administrative law enforcement" in Articles 11, 12, 32 and 33 to "comprehensive urban management administrative law enforcement", amend the "urban management administrative law enforcement referred to in the preceding paragraph" in Article 2, paragraph 2 to "comprehensive urban management administrative law enforcement" and amend the "urban management law enforcement agency" in Article 4, paragraph 4 to "comprehensive administrative law enforcement agency". In Article 15 and Article 35, the "township urban management law enforcement agencies" and "street and township urban management law enforcement agencies" are uniformly revised as "street and town comprehensive administrative law enforcement agencies", the "urban management law enforcement responsibility scope" in the first paragraph of Article 37 is revised as "urban management comprehensive administrative law enforcement responsibility scope", and the "urban management law enforcement work" in the second paragraph of Article 38 is revised as "comprehensive administrative law enforcement work".

In the second paragraph of Article 17, the "District Urban Management Law Enforcement Department" is amended as "District Urban Management Law Enforcement Department and comprehensive administrative law enforcement agencies of streets and towns", and in the third paragraph of Article 31, the "Urban Management Law Enforcement Agency" is amended as "Urban Management Law Enforcement Department and sub-district offices and township people's governments".

Amend the "industrial waste residue" in Item 5 of Paragraph 1 of Article 11 to "industrial solid waste", and delete "or illegally distributing or posting printed advertisements" in Item 6 of Paragraph 1; In the second paragraph of Article 16, "identifying clothes" is changed to "uniforms", in Article 24, "facts" is changed to "contents and facts", and in Article 40, "administrative punishment" is changed to "punishment".

The township and town people's governments in the regulations are all changed to sub-district offices and township people's governments, urban management administrative law enforcement work is all changed to urban management comprehensive administrative law enforcement work, urban management administrative law enforcement activities are all changed to urban management comprehensive administrative law enforcement activities, and industrial and commercial management and industrial and commercial management are all changed to market supervision and environmental protection.

In addition, according to this decision, the order of some articles is adjusted accordingly.

This decision shall come into force as of August 20021year.

"Regulations of Shanghai Sub-district Office" and "Regulations of Shanghai Municipality on Administrative Law Enforcement of Urban Management" shall be revised and re-promulgated according to this decision.