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Order of the Shenzhen Municipal People' s Government
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(No.
86) |
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Measures of the
Shenzhen Municipality on the Administration of the Certificates
of Administrative
Law Enforcement was adopted at the 143rd
Executive Meeting of the Second Session of the Shenzhen
Municipal People' s Government on August
5, 1999 and is now
promulgated. It takes effect as of the date of promulgation. |
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Li Zibin |
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Mayor |
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September 7, 1999 |
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Measures of the Shenzhen Municipality on the
Administration of the Certificates of Administrative Law
Enforcement
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Article 1 In order to
strengthen the administration of the certificates of
administrative law enforcement,
guarantee and oversee that the
offices of administrative law enforcement, the personnel of
administrative
law enforcement and the supervising personnel of
administrative law enforcement exercise their functions and
powers according to law, these measures are hereby formulated in
accordance with the related law and
regulations. |
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Article The
certificates referred to in these measures shall mean Certificate
of Administrative Law Enforcement of the Shenzhen Municipal
People' s Government (hereinafter referred to as Enforcement
Certificate) and Certificate
of Supervision of Administrative Law Enforcement of the Shenzhen
Municipal People' s
Government (hereinafter referred to as Supervision Certificate) unitarily issued by the Shenzhen Municipal
People' s Government and used within the administrative areas
of this municipality. |
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Enforcement
Certificate shall be used as a qualification certificate to
indicate that the personnel of administrative law enforcement
has the authority, according to law, to carry out public
administration of citizens, legal representatives
or other
organizations within a certain scope and is provided with the
inspection power for administrative
law enforcement and the
administrative punishment power. |
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Supervision
Certificate shall be used as a qualification certificate to
indicate that the supervising personnel of administrative law
enforcement has the authority, according to law, to supervise
and inspect the activities of administrative
law enforcement
within a certain scope. |
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Article 3 Enforcement Certificate and Supervision
Certificate shall be unitarily made and issued by the
Shenzhen Municipal People' s Government. The department of
legal affairs of the municipal government shall be responsible
for organizing to carry out specific tasks. |
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Article 4 Enforcement Certificate shall be issued to the following persons: |
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(1)
the personnel of the administrative offices of this
municipality at various levels who are directly engaged in
administrative law enforcement; |
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(2)
the personnel of the organizations authorized by the law,
regulations and rules who are directly engaged in administrative
law enforcement; |
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(3)
the personnel of the organizations entrusted by the
administrative departments according to law who are directly
engaged in administrative law enforcement. |
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Supervision Certificate
shall be issued to the following persons: |
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(1)
the leaders of the municipal, district governments and
the various departments of the municipal government; |
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(2)
the leaders and personnel of the offices of legal affairs
of the municipal, district governments and the various
departments of the municipal government; |
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(3)
the full-time and part-time supervisors of administrative
law enforcement retained by the department of legal affairs
of
the municipal government. |
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Article 5 In
order to apply for Enforcement
Certificate and Supervision
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Certificate,
an application form shall be filled out and a name list of
the personnel of administrative law enforcement shall
be
provided. The application form shall clearly state the name,
nature, duties and tasks, source
of funds of the office of
administrative law enforcement and the name, age, academic
credentials,
posts of the applying personnel, and provide also
the legal basis of this unit to be engaged in administrative law
enforcement and the post setup of the personnel. |
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Article 6 In
case of application for Enforcement
Certificate, the offices of legal affairs of the various
district governments or the offices of legal affairs of the
various departments of the municipal government shall conduct
the preliminary examination and then report
unitarily to the
office of legal affairs of the municipal government for
examination. |
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Article 7 The
office of legal affairs of the municipal government shall
examine the application materials
and the name lists submitted
by the various district governments or the various departments
of
the municipal government, conduct legal training of qualified
persons, and issue the certificates to those who have
successfully passed the assessment. |
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Article 8 The
personnel of administrative law enforcement and the supervising
personnel of administrative
law enforcement shall use the
certificates of administrative law enforcement within the scope
of
their functions and powers and their jurisdiction as well,
and exercise their functions and powers strictly according
to
law. |
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Article 9 When
executing public duties according to law, the personnel of
administrative law enforcement and
the supervising personnel of
administrative law enforcement shall produce their certificates
of
administrative law enforcement. If they fail to produce the
certificates of administrative law enforcement, citizens,
legal
representatives or other organizations shall have the right to
refuse and report to authorities. |
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Article 10 The
personnel holding Enforcement
Certificate may, within the scope of their functions and
powers, conduct investigations, inspections, or collection of
evidence, stop and correct the acts violating the order of
administrative management, impose administrative
penalties, or
take compulsory measures according to law, the party concerned
shall not refuse. |
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Article 11 The
personnel holding Supervision
Certificate may, within their functions and powers, conduct
supervision and investigation of the law enforcement activities
of the departments and personnel of administrative law
enforcement, stop illegal acts in the activities
of law
enforcement, investigate the illegal acts in the activities of
law enforcement, and suggest
the related departments to
investigate into the responsibilities. |
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Article 12 When
a person holding a certificate of administrative law enforcement
is being transferred from
a unit or is not on the post of
administrative law enforcement, the unit which the person has
been
affiliated with shall take back the certificate and report
to the office of legal affairs of the municipal government
for
cancellation. |
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Article 13 A
system of annual check shall apply to the certificates of
administrative law enforcement. All
units which certificate
holders are affiliated with shall submit certificates to the
office of
legal affairs of the municipal government for check
and verification at any office time from March to April every
year. If a certificate has not been checked and verified after
the prescribed time limit, it shall
not be used. |
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Article 14 If
a certificate of administrative law enforcement is lost, the
unit which the person having lost
the certificate is affiliated
with shall make a statement in the newspaper to invalidate the
certificate
and apply to the office of legal affairs of the
municipal government for a replacement. In applying for a
replacement, the unit which the person having lost the
certificate is affiliated with shall provide a
written testimony
along with a copy of the newspaper in which the statement on the
lost certificate
is published. |
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Article 15 If
one of the following situations applies to a person of
administrative law enforcement, the office
of legal affairs of
the municipal government shall order correction and also
circulate a notice
of criticism, temporarily withdraw or revoke
the certificate of administrative law enforcement respectively
according to the circumstances: |
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(1)
misusing the certificate of law enforcement, practicing
favoritism and engaging in irregularities, causing adverse
effects; |
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(2)
failing to produce the certificate of administrative law
enforcement when conducting a law enforcement inspection; |
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(3)
giving the certificate of administrative law enforcement
to other people to use; |
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(4)
engaging in the activities of law enforcement with a
certificate which has not gone through the annual check; |
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(5)
violating the procedure of law enforcement and causing
serious consequences; |
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(6)
overstepping the functions and powers in law enforcement
and causing serious consequences; |
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(7)
being brutal in law enforcement and causing serious
consequences; |
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(8)
engaging in illegal activities so as to constitute a
crime. |
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Article 16 The
time limit of temporarily withdrawing a certificate of |
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administrative
law enforcement shall be 30 days, a person whose certificate has
been withdrawn
shall not engage in the activities of administrative law
enforcement within the time period
of certificate withdrawing. |
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A person whose certificate of administrative law
enforcement has been revoked shall be transferred from the post
of administrative law enforcement and no longer be allowed to
engage in administrative law enforcement. |
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As for a person who has been criticized by a circulated
notice or whose certificate of administrative law enforcement
has been either temporarily withdrawn or revoked, the unit which
this person is affiliated with
shall criticize, educate or
impose an administrative penalty on this person according to the
seriousness
of circumstances. |
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Article 17 When
criticizing by a circulated notice, temporarily withdrawing or
revoking a certificate of administrative
law enforcement, the
office of legal affairs of the municipal government shall make
an investigation,
collect evidence and keep a record. |
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Article 18 If
a person of administrative law enforcement is unwilling to
comply with a decision on temporarily
withdrawing or revoking
the certificate of administrative law enforcement, an appeal may
be made
to the office of legal affairs of the municipal
government. The office of legal affairs of the municipal
government shall review the case within 30 days from the date of
receiving the appeal, if a mistake has
indeed been found,
correction shall be made immediately. |
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Article 19 If
the situations listed in Articles 12, 15 of these measures apply
to a person and this person
refuses to accept a decision on
revoking or temporarily withdrawing the certificate of
administrative
law enforcement, the office of legal affairs of
the municipal government may declare the certificate invalid. |
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Article 20 These
measures shall take effect as of the date of promulgation. |
