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(June 27, 2005)
SMPGG (2005) No.20
Attention: All District and County People' s Governments, and all
Commissions, Offices and Bureaus (Administrations) of the Municipal
Government:
According to the spirit of the "Decision of the State Council on
Further Promotion of the Work of Relatively Centralized Power of
Administrative
Punishment" and the "Notice of the General Office of the State Council about
Transmitting the Suggestions on Screening
and Reorganizing the Administrative
Law-Enforcement Personnel and Carrying out Comprehensive Administrative Law
Enforcement at
Selected Points, made by the Central Organization Office, CCCPC" ,
the Municipal People' s Government promulgated in January, 2004,
the "Decision of
Shanghai Municipal People' s Government on Launching the Work of Relatively
Centralized Power of Administrative
Punishment in the Field of City
Administration at District/County Level in This Municipality" (hereinafter
referred to as "the
Decision" ). Up to the end of May of this year, 13 districts
in this Municipality have carried out the work of relatively centralized
power
of administrative punishment in city administration, and achieved good effects.
For the purposes of further deepening the
reform of comprehensive law
enforcement in city administration, setting up the mechanism of unified
administration, comprehensive
coordination and supervisory inspection, we hereby
make the following decision on launching the work of relatively centralized
power of administrative punishment in city administration at the municipal level
(including its related powers of administrative
coercion and administrative
inspection. Similarly hereinafter):
I. Scope of Relatively-Centralized Power
of Administrative Punishment
The scope of relatively-centralized power of
administrative punishment in city administration at the municipal level is based
on
the scope clearly defined in the Decision, which, besides defining the
transfer of part of the power of administrative punishment
exercised by related
municipal administrative departments to the municipal law enforcement
departments of city administration,
makes clear that the power of administrative
punishment exercised against the wrongful acts done within the limits of
municipal-administrated
river courses in the administration of city appearance
and environmental sanitation, and against part of the wrongful acts done
within
the limits of municipal-administrated river courses in the administration of
water affairs is transferred to the municipal
law enforcement department of city
administration. Meanwhile, the Decision enlarges the scope of
relatively-centralized power of
administrative punishment in the administration
of environmental protection, industry and commerce, real estate, and the
demolition
of illegal buildings to a certain extent.
The specific scope of
relatively-centralized power of administrative punishment shall be executed in
accordance with the amended
"Interim Procedures of Shanghai Municipality on the
Relatively-Centralized Power of Administrative Punishment in City
Administration"
promulgated by the Municipal People' s Government.
II.
Administration System and Organization Setup
The title plate of "Shanghai
Municipal Administrative Law Enforcement Bureau of City
Administration" (hereinafter referred to as
the Municipal Law Enforcement Bureau
of City Administration) shall be additionally hung up in the Municipal City
Appearance and
Environmental Sanitation Bureau and the practice of "Two Titles,
One Team" be carried out. The Municipal Law Enforcement Bureau
of City
Administration is the administrative organ responsible for the work of
relatively-centralized power of administrative punishment
and is qualified for
being an independent administrative law-enforcement subject.
After the
establishment of the Municipal Law Enforcement Bureau of City Administration,
the functions of related municipal departments
shall be correspondingly
adjusted. The Municipal Commission of Construction and Communications shall be
responsible for the comprehensive
coordination in the work of
relatively-centralized power of administrative punishment in city
administration, as well as for the
drafting and formulation of relevant
comprehensive policies. The specific administrative functions that used to be
undertaken by
the Municipal Commission of Construction and Communications in the
work of relatively-centralized power of administrative punishment
in city
administration shall be transferred to the Municipal Law Enforcement Bureau of
City Administration. The setup of the office
of Shanghai Municipal Joint
Conference on the Comprehensive Law Enforcement of City Administration shall be
adjusted from the Municipal
Commission of Construction and Communications to the
Municipal Law Enforcement Bureau of City Administration, which shall be
responsible
for routine work and the handling of relevant affairs.
Shanghai
Municipal Law Enforcement Head Brigade of City Administration, which is
affiliated to the Municipal Law Enforcement Bureau
of City Administration, is
entrusted by the latter to undertake the specific routine of the work of
relatively-centralized power
of administrative punishment in city
administration. Meanwhile, Shanghai Municipal Supervision Head Brigade of City
Appearance
and Shanghai Municipal Supervision Brigade of Gardening and Greening
shall be dissolved.
The inner organizations and authorized strength of the
Municipal Law Enforcement Bureau of City Administration, as well as its
affiliated
Municipal Law Enforcement Head Brigade of City Administration shall
be determined later by the Municipal Organization Office on
the principle of
simplification, unification and efficiency.
III. Work Requirements
1.
Unifying thoughts and cognition. Launching the work of relatively centralized
power of administrative punishment in city administration
at the municipal level
is a major move to strengthen city administration and explore the establishment
of the administrative system
and the administrative law-enforcement mechanism,
which correspond with the socialist market-economy system, involving the
re-allocation
of the power of administrative punishment among relevant municipal
administrative departments. All relevant departments shall fully
recognize the
necessity and importance of the work of relatively centralized power of
administrative punishment in the field of
city administration and shall
guarantee the orderly and successful progress of this work according to the
unified arrangements
of the Municipal Government.
2. Ascertaining the
responsibilities. The Legislative Affairs Office of the Municipal Government
shall be responsible for relevant
legal affairs in the course of promoting the
work of relatively centralized power of administrative punishment; the Municipal
Commission
of Construction and Communications shall be responsible for
coordinating the reform of the administrative system in the work of
relatively
centralized power of administrative punishment; the Municipal Organization
Office shall be responsible for the organizational
setup and the determination
of the authorized strength of the Municipal Law Enforcement Bureau of City
Administration and the Municipal
Law Enforcement Head Brigade of City
Administration; the Municipal Finance Bureau shall be responsible for examining
and approving
the routine administrative expenditures and special expenditures
of the Municipal Law Enforcement Bureau of City Administration;
the Municipal
City Appearance and Environmental Sanitation Administration shall be responsible
for the specific preparatory work
for the Municipal Law Enforcement Bureau of
City Administration and the Municipal Law Enforcement Head Brigade of City
Administration;
the related administrative departments, including the Municipal
Public Works Administration, the Municipal Greening Administration,
the
Municipal Water Affairs Bureau, the Municipal Environmental Protection Bureau,
the Municipal Bureau of Public Security, the
Municipal Administration of
Industry and Commerce, the Municipal Housing, Land and Rescores Administration
and the Municipal City
Planning Administration etc. shall actively extend
support and cooperation in carrying out the work of relatively centralized power
of administrative punishment in city administration.
3. Straightening out
mutual relations. First, it is necessary to straighten out the relations between
the Municipal City Appearance
and Environmental Sanitation Administration and
the Municipal Law Enforcement Bureau of City Administration. The former shall
undertake
the administrative work involving city appearance and environmental
sanitation. The latter shall undertake the work of relatively
centralized power
of administrative punishment in city administration. Second, it is necessary to
straighten out the relations
between the Municipal Law Enforcement Bureau of
City Administration and the relevant municipal administrative departments. After
the former has exercised the relatively-centralized power of administrative
punishment in city administration according to relevant
regulations, the latter
shall not exercise again the power already exercised by the former; in the
former' s activity of performing
its duty, the latter shall extend support and
cooperation. Third, it is necessary to straighten out the relations between the
Municipal
Law Enforcement Bureau of City Administration and the district /
county law enforcement departments of city administration. The
downward shift of
the crux of the relatively-centralized power of administrative punishment in
city administration shall be adhered
to, and the district / county law
enforcement organs of city administration shall perform the work of
relatively-centralized power
of administrative punishment under the leadership
of the district/county governments and accept professional guidance and
supervision
from the Municipal Law Enforcement Bureau of City Administration.
4. Formulating the necessary auxiliary systems. The Legislative Affairs
Office of the Municipal People' s Government shall, jointly
with relevant
municipal administration departments, lose no time in drafting and revising
relevant government rules and regulations
and normative documents, and submit
them to the Municipal Government according to the prescribed procedure; the
Municipal Law Enforcement
Bureau of City Administration shall formulate relevant
auxiliary systems in accordance with the laws and regulations of the State
and
this Municipality.
5. Strengthening the building of ranks. It is necessary
to intensify the political education and legal training for the law-enforcement
personnel so that they may perform their law enforcement duties strictly
according to law, strive to raise their level of administrative
law enforcement,
adapt themselves as soon as possible to the requirements for performing their
new functions, and ensure their
law-enforcement being conducted in a strict,
fair and civilized way.
V. Implementation Time
On August 1, 2005, the
Municipal Law Enforcement Bureau of City Administration shall begin to exercise
the relatively-centralized
power of administrative punishment in city
administration at the municipal level. At that time, the relevant administrative
departments
shall stop exercising their related power of administrative
punishment.
The adjustments of the district / county comprehensive law
enforcement organs of city administration shall be made together with
the
organizational reform of district / county governments after the system of
relatively centralized power of administrative punishment
in city administration
at the municipal level operating for a while.
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