20 19 Regulations of Shanghai Municipality on Administrative Enforcement of Urban Management

Regulations of Shanghai Municipality on Administrative Enforcement of Urban Management

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the provisions of the Administrative Punishment Law of the People's Republic of China, the Administrative Compulsory Law of the People's Republic of China and other relevant laws and administrative regulations, and in combination with the actual situation of this Municipality, in order to strengthen the administrative law enforcement of urban management, standardize the administrative law enforcement behavior, improve the efficiency and level of administrative law enforcement, and protect the legitimate rights and interests of citizens, legal persons and other organizations.

Article 2 These Regulations shall apply to the administrative law enforcement activities of urban management within the administrative area of this Municipality.

The term "administrative law enforcement of urban management" as mentioned in the preceding paragraph refers to the behavior that the administrative law enforcement departments of cities, districts and counties (hereinafter referred to as urban management law enforcement departments) exercise all or part of the administrative punishment power, relevant administrative inspection power and administrative compulsory power of relevant administrative departments in the field of urban management.

Article 3 The municipal, district and county people's governments shall strengthen their leadership over the administrative law enforcement of urban management.

The municipal, district and county people's governments shall, according to the regional area, population and management requirements, rationally allocate urban management administrative law enforcement personnel (hereinafter referred to as urban management law enforcement personnel) and law enforcement equipment, and incorporate the funds needed for urban management administrative law enforcement into the fiscal budget at the same level to ensure that urban management administrative law enforcement departments perform their duties according to law.

Article 4 The municipal urban management law enforcement department is the administrative department in charge of urban management administrative law enforcement in this Municipality, and is responsible for organizing the implementation of these Regulations.

The law enforcement departments of counties are responsible for the administrative law enforcement of urban management within their respective jurisdictions, and accept the professional guidance and supervision of the law enforcement departments of urban management.

The law enforcement departments of districts and counties shall be stationed in the town (township) and street urban management law enforcement agencies, and be responsible for the administrative law enforcement of urban management in this region in the name of the law enforcement departments of districts and counties. Town (township) people's government, street offices can organize and coordinate urban management law enforcement agencies to carry out urban management administrative law enforcement activities within their respective jurisdictions.

City, district and county law enforcement agencies can be stationed in specific areas according to the needs, and be responsible for the administrative law enforcement of urban management in this area in the name of the city or district and county law enforcement agencies.

Fifth construction, landscaping, water, environmental protection, industry and commerce, housing management, land and resources planning, public security, finance and other administrative departments. Should be in accordance with their respective responsibilities, work together to do a good job in urban management administrative law enforcement.

Article 6 The administrative law enforcement of urban management shall follow the principles of legality, fairness and openness, adhere to the people-oriented principle, combine law enforcement with education, guidance and service, enforce the law in a civilized and standardized manner, and pay attention to the unity of legal effect and social effect.

Article 7 This Municipality shall strengthen the construction of urban management administrative law enforcement team, improve the law enforcement system and supervision mechanism, and promote the improvement of law enforcement level.

Article 8 People's governments at all levels and relevant administrative departments, as well as news media such as radio stations, television stations, newspapers and Internet sites, should strengthen the publicity of urban management laws and regulations, enhance citizens' awareness of consciously observing urban management laws and regulations, and create an atmosphere in which society jointly maintains urban management order.

Ninth urban management law enforcement officers perform their duties according to law and are protected by law.

Citizens, legal persons or other organizations shall support the work of urban management law enforcement departments and assist urban management law enforcement personnel to exercise their functions and powers according to law.

Urban management law enforcement departments should listen to the opinions of citizens, legal persons or other organizations, and constantly improve and perfect the ways and methods of law enforcement.

Tenth units and individuals who have made outstanding contributions or made remarkable achievements in the implementation of urban management administrative law enforcement activities, the municipal, district and county people's governments and relevant departments can commend and reward.

Chapter II Law Enforcement Organs

Eleventh city and district and county law enforcement departments to implement the scope of administrative law enforcement includes:

(a) according to the provisions of the laws, regulations and rules on the administration of city appearance and environmental sanitation, impose administrative penalties on illegal acts in violation of the administration of city appearance and environmental sanitation.

(two) according to the provisions of municipal engineering management laws, regulations and rules, to impose administrative penalties on illegal acts in violation of the management of non-municipal urban roads (including roads in towns), bridges and their ancillary facilities.

(three) according to the provisions of laws, regulations and rules on greening management, impose administrative penalties on illegal acts in violation of greening management except greening construction.

(four) dumping industrial, agricultural, construction and other wastes, domestic garbage and feces in violation of the provisions of laws, regulations and rules on water management; Cleaning vehicles and containers that have been filled with oil or toxic and harmful pollutants; And illegal acts of building houses, sheds and other buildings or structures without authorization in violation of river management, were subject to administrative punishment.

(five) according to the provisions of laws, regulations and rules on environmental protection management, burning substances that produce toxic and harmful smoke and malodorous gases in non-designated areas; Road transportation, freight yard operation, etc. Produce dust and pollute the environment; Dumping at will or leaving industrial waste residue or other solid waste in the process of loading, unloading and transportation; Installing air conditioning and cooling facilities in violation of relevant regulations, affecting the environment and the lives of others; Engaged in night construction without approval or according to the approval requirements, resulting in noise pollution; And in densely populated areas, around airports, near traffic trunk lines and areas designated by local people's governments, administrative penalties are imposed on illegal acts that can be judged without instrument testing.

(six) according to the provisions of industrial and commercial management laws, regulations and rules, impose administrative penalties on illegal acts of occupying roads without a license or illegally distributing and posting printed advertisements.

(seven) according to the provisions of the laws, regulations and rules of construction management, administrative penalties shall be imposed on the illegal acts of damaging or occupying barrier-free facilities without authorization or changing the use of barrier-free facilities.

(eight) according to the provisions of urban and rural planning and property management laws, regulations and rules, in accordance with the division of responsibilities determined by the Municipal People's government, the illegal acts of building buildings and structures without authorization and the illegal acts of destroying the appearance of houses in the property management area shall be subject to administrative punishment.

(nine) other administrative penalties imposed by the urban management law enforcement department as stipulated by the local laws and regulations of this Municipality and the rules of the municipal government.

The specific matters concerning the implementation of administrative law enforcement by urban management law enforcement departments in accordance with the provisions of the preceding paragraph shall be decided by the Municipal People's Government and announced to the public.

Twelfth local regulations or government regulations of this Municipality may adjust the scope of administrative law enforcement of urban management.

In addition to the provisions of the preceding paragraph, no other unit or individual may arbitrarily change the scope of urban management administrative law enforcement.

Thirteenth has been exercised by the city and district, county law enforcement departments in accordance with the law of urban management relatively centralized administrative punishment power and related administrative inspection power and administrative coercive power, the relevant administrative departments shall not exercise; Other administrative and supervisory duties performed by the relevant administrative departments shall continue to be performed according to law.

Fourteenth district and county law enforcement departments are responsible for the investigation and punishment of illegal acts within their respective jurisdictions.

The law enforcement departments of districts and counties adjacent to the jurisdiction area may agree on * * * jurisdiction in the same place when investigating and handling illegal activities in the adjacent administrative jurisdiction area. * * * Illegal acts within the same jurisdiction shall be investigated and dealt with by the first urban management law enforcement department. Jurisdiction is controversial, designated by the municipal urban management law enforcement department.

Fifteenth city urban management law enforcement departments of the county urban management law enforcement departments did not investigate and deal with illegal acts, should be ordered to investigate and deal with, can also be directly investigated.

Urban management law enforcement departments can directly investigate and deal with illegal acts that have a significant impact on society; When necessary, it can also organize relevant district and county law enforcement departments to investigate and deal with it.

Chapter III Law Enforcement Norms

Sixteenth urban management law enforcement personnel to implement the city's unified recruitment system, public examination, strict inspection, merit-based admission. Urban management law enforcement personnel can only obtain the administrative law enforcement certificate after unified training of legal knowledge and professional knowledge and passing the examination. Personnel who have not obtained administrative law enforcement certificates shall not engage in administrative law enforcement activities.

Urban management law enforcement personnel engaged in administrative law enforcement activities shall wear uniform identification clothing and uniform signs, so as to be neat, dignified, civilized in language and standardized in behavior.

City management law enforcement personnel engaged in administrative law enforcement activities, shall produce administrative law enforcement certificates to the parties; Unless otherwise provided by law, it must be carried out by two or more people.

Seventeenth urban management law enforcement departments should establish and improve the urban management law enforcement inspection mechanism, and can use the urban grid management system to find, stop and investigate violations of urban management laws, regulations and rules in a timely manner.

When major events are held in this city, the municipal urban management law enforcement departments can organize district and county law enforcement departments to conduct centralized inspections.

Eighteenth urban management law enforcement departments can take different administrative law enforcement methods according to the nature and harmful consequences of illegal acts.

Urban management law enforcement departments to investigate and deal with illegal acts, if the circumstances are minor or the harmful consequences can be eliminated in time, in addition to the provisions of laws, regulations and rules to give administrative punishment directly, urban management law enforcement departments should first educate, warn and guide the parties and order them to make corrections; Those who refuse to make corrections shall be given administrative punishment according to law. If the illegal act is minor and corrected in time, and no harmful consequences are caused, no administrative punishment shall be imposed.

Nineteenth urban management law enforcement officers can take the following measures when investigating illegal acts:

(a) to enter the illegal place to carry out on-site inspection according to law, and make inspection records;

(two) to take inspection, photography, audio recording, video recording and other ways to obtain evidence on the spot;

(three) to ask the parties and witnesses of the case and make a record of the inquiry;

(four) to consult, retrieve and copy documents and materials related to illegal acts;

(5) Other measures stipulated by laws and regulations.

Urban management law enforcement personnel, parties and witnesses shall sign or seal the record. If a party refuses to sign or seal or is not present, it shall be signed or sealed by an disinterested witness; If there are no witnesses, the urban management law enforcement officers shall explain the situation.

Twentieth urban management law enforcement officers should be comprehensive, objective and fair when investigating and collecting evidence, and abide by legal procedures. No evidence shall be collected by illegal means such as inducement, fraud, coercion or violence, and no evidence shall be forged or concealed.

Evidence obtained by illegal means cannot be used as the basis for determining illegal facts.

Twenty-first urban management law enforcement departments to investigate and deal with illegal acts, you can seize items and related items according to law.

Urban management law enforcement departments shall abide by the conditions, procedures and deadlines stipulated by laws and regulations when implementing seizure measures.

After the implementation of the seizure measures, the urban management law enforcement department shall promptly ascertain the facts and make a decision within the statutory time limit. If there is no illegal act or the seizure is no longer necessary after investigation and verification, the seizure shall be lifted and the goods shall be returned.

Twenty-second urban management law enforcement departments shall properly keep the seized items and shall not use or damage them. Belong to illegal items, handed over to the relevant departments.

If the seized goods are perishable or deteriorated, the urban management law enforcement department shall notify the parties to accept the treatment at the designated place within two days; If it fails to accept the treatment within the time limit, it may be auctioned or sold after registration; If it cannot be auctioned or sold, it can be destroyed after the evidence is retained.

After lifting the seizure, the urban management law enforcement department shall promptly notify the parties to claim it. If the party fails to claim it within the time limit or it is difficult to find it, the urban management law enforcement department shall issue a claim announcement in time. If it is unclaimed within 60 days from the date of announcement, the urban management law enforcement department may properly dispose of it by auction or sale, and the proceeds from auction or sale shall be turned over to the state treasury in accordance with the regulations.

Twenty-third urban management law enforcement departments in the administrative law enforcement activities, the parties abandoned the scene items, should be handled in accordance with the provisions of article twenty-second.

Twenty-fourth urban management law enforcement departments to make a specific administrative act, it shall inform the parties of the facts, reasons and basis for the specific administrative act, and inform the parties that they have the right to make statements, defend themselves, request a hearing, apply for administrative reconsideration or bring an administrative lawsuit according to law.

If the facts, reasons or evidence put forward by the parties in their statements and arguments are established, the urban management law enforcement department shall adopt them, and the punishment shall not be aggravated because of the parties' arguments. To meet the hearing conditions, the urban management law enforcement department shall organize a hearing.

Twenty-fifth urban management law enforcement departments shall serve legal documents in accordance with the law, and shall adopt the methods of direct service, lien service, mail service and announcement service. Through the announcement, the urban management law enforcement department can carry out it through its government website and bulletin board. Sixty days after the announcement, it shall be deemed to have been delivered.

Urban management law enforcement departments shall announce the address of their websites and bulletin boards to the public.

Twenty-sixth urban management law enforcement departments should establish a reporting system for illegal acts, and announce the unified telephone number and other contact information of the whole city to the public.

After receiving the report, the urban management law enforcement department shall check it in time and inform the informant of the verification within five working days; If it is not within the scope of responsibilities of this department, it shall explain the situation to the informant and transfer it to the relevant department for handling within three working days.

Urban management law enforcement departments shall keep confidential the informants.

Chapter IV Law Enforcement Cooperation

Twenty-seventh relevant administrative departments shall perform their management duties, strengthen cooperation with urban management law enforcement departments, and take measures to prevent and reduce the occurrence of illegal acts from the source.

Twenty-eighth urban management law enforcement departments found illegal activities in law enforcement activities, that should be handled by the relevant administrative departments, should be promptly transferred to the relevant administrative departments. The relevant administrative departments shall promptly transfer the illegal acts that should be handled by the urban management law enforcement department in law enforcement activities to the urban management law enforcement department for handling. Illegal articles and other related articles involved in the transfer case shall be transferred together.

Urban management law enforcement departments and relevant administrative departments shall not refuse to accept the transferred cases and related articles without justifiable reasons, and shall promptly notify the transfer department after making a decision.

Twenty-ninth urban management law enforcement departments need to inquire relevant information from relevant administrative departments when investigating illegal acts, and the relevant administrative departments shall cooperate in accordance with relevant laws and regulations.

Urban management law enforcement departments to investigate and deal with illegal acts, the relevant administrative departments need to identify illegal acts and illegal items, it shall issue a letter of assistance. The relevant administrative departments shall issue written opinions within ten days from the date of receiving the letter of assistance; If the situation is complicated and needs to be postponed, it shall give a written explanation to the urban management law enforcement department and specify the time limit for reply.

Thirtieth to carry out major special law enforcement actions in urban management, urban management law enforcement departments need the assistance of relevant administrative departments, the relevant administrative departments shall provide assistance according to law within the scope of their duties; Where the relevant administrative departments need the assistance of urban management law enforcement departments, the urban management law enforcement departments shall provide assistance according to law within the scope of their duties.

Thirty-first public security organs and urban management law enforcement departments should establish a coordination mechanism.

The public security organ shall protect the administrative law enforcement activities of the urban management law enforcement department according to law, and shall stop the acts that hinder the urban management law enforcement personnel from performing their duties according to law in a timely manner; Violation of the "People's Republic of China (PRC) Public Security Administration Punishment Law", shall be punished according to law; If violence or threats constitute a crime, criminal responsibility shall be investigated according to law.

Thirty-second municipal, district and county people's governments shall take measures to promote urban management law enforcement departments and relevant administrative departments to establish and improve the information sharing mechanism of urban management law enforcement, and promote information exchange and resource sharing.

Urban management law enforcement departments shall notify the relevant administrative departments of the implementation of administrative punishment and the problems found, and put forward management suggestions; The relevant administrative departments shall promptly notify the urban management law enforcement departments of the administrative licensing and supervision information related to urban management administrative law enforcement, and ensure the effective development of urban management administrative law enforcement.

Thirty-third city, district and county people's governments should continuously increase investment in research and development of science and technology of urban management administrative law enforcement, and promote the popularization and application of advanced scientific and technological means in investigation and evidence collection, inspection and testing.

Chapter V Law Enforcement Supervision

Thirty-fourth city, district and county people's governments shall strengthen the supervision of urban management administrative law enforcement, and shall order the urban management law enforcement departments to correct the acts that fail to perform their duties according to law, and shall be investigated for administrative responsibility.

Thirty-fifth city urban management law enforcement departments should establish a unified law enforcement training, job exchanges, supervision and assessment, accountability and assessment system.

City, district and county law enforcement departments should implement the responsibility system for administrative law enforcement, and strengthen the standardized and institutionalized construction and management of law enforcement teams. Urban management law enforcement personnel who fail to pass the examination shall not engage in administrative law enforcement.

The municipal urban management law enforcement department may put forward suggestions to the district and county people's governments to investigate and deal with serious violations of law and discipline by the district and county urban management law enforcement departments and their law enforcement personnel, which have great social impact.

Thirty-sixth the relevant administrative departments found that urban management law enforcement departments have illegal law enforcement behavior, you can put forward written suggestions to them. Urban management law enforcement departments shall promptly investigate and verify after receiving written suggestions; If the situation is true, it shall be corrected and the relevant administrative departments shall be informed.

Thirty-seventh urban management law enforcement departments shall publicize the scope of urban management law enforcement duties, law enforcement basis, law enforcement procedures and supervision telephone and other matters to the public and accept social supervision.

Citizens, legal persons and other organizations may report and accuse urban management law enforcement personnel of illegal law enforcement acts or administrative omissions to their units, superior competent departments or supervisory departments. The department that receives reports and complaints shall timely verify and handle them according to the statutory authority, and give timely feedback on handling opinions.

Thirty-eighth city, district and county law enforcement departments shall regularly organize social evaluation of administrative law enforcement in their own departments; The relevant departments shall organize social appraisal of the administrative law enforcement of urban management law enforcement departments, and the urban management law enforcement departments shall cooperate with them. The appraisal results shall be made public.

Town (township) people's governments and subdistrict offices shall strengthen the supervision and inspection of the law enforcement work of urban management law enforcement agencies stationed in towns (townships) and streets, organize regular appraisal, and inform the district and county law enforcement departments of the appraisal results.

Chapter VI Legal Liability

Thirty-ninth urban management law enforcement departments and their law enforcement personnel in any of the following circumstances, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions by their units, higher authorities or supervision departments according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) Failing to investigate and deal with the discovered illegal acts according to law, and the circumstances are serious;

(two) beyond the authority or in violation of legal procedures for law enforcement, if the circumstances are serious;

(three) to change the administrative punishment decision made without authorization;

(four) the use of violence, threats and other means of law enforcement;

(5) Intentionally damaging the property of the party concerned.

(6) Interception, dividing up fines or seizing property, and using the seized property;

(seven) asking for or accepting other people's property;

(eight) other dereliction of duty, abuse of power, corruption.

Fortieth the relevant administrative departments in violation of the provisions of this Ordinance, refused to perform the duties of law enforcement cooperation, by the people's government at the same level or the competent department at a higher level shall be ordered to make corrections, informed criticism; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Forty-first urban management law enforcement departments and their law enforcement officers who illegally exercise their functions and powers and cause damage to the legitimate rights and interests of citizens, legal persons or other organizations shall be liable for compensation according to law.

Chapter VII Supplementary Provisions

Article 42 These Regulations shall come into force on July 20 15 12.