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Interim Provisions of Shanghai Municipality on the Comprehensive Exercise of Administrative Law Enforcement Power in the Area
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| (Promulgated by the Shanghai Municipal People' s Government on December 29, 1999) Article 1 Purposes For the purposes of strengthening the administration of operations and related activities in the area of culture, exercising comprehensively the administrative law enforcement power, and improving the efficiency of administrative law enforcement, these Provisions are formulated in accordance with relevant laws and regulations. Article 2 The Compliance-Checking Team and its Areas of Law Enforcement The Shanghai Compliance-Checking Team for Cultural Activities (hereinafter referred to as the Compliance-Checking Team), is responsible, under authorization by the relevant administrative departments as specified below, for comprehensively exercising the law enforcement power in the cultural areas of performance, fine arts, recreation (including both cultural recreation and sports recreation activity), radio, film, television, sound recordings, books, newspapers, electronic publications, cultural relics, and the like. Article 3 The Compliance-Checking Team's Responsibilities The authorization the administrative departments give to the Compliance-Checking team includes, in respect to operations and activities in the relevant areas of culture and in accordance with laws, regulations, and rules, responsibility for: 1. administrative punishment of illegal acts or operations; 2. administrative mandatory measures against illegal acts or operations; and 3. supervision and examination related to administrative punishment and administrative mandatory measures. Article 4 Punishment of Violations of Provisions on Commercial Performance, Trading in Fine Arts Products, and the Operation of Cultural Recreation Places The Compliance-Checking Team, authorized by the Shanghai Municipal Culture Bureau and in accordance with relevant laws, regulations, and rules, punishes acts in violation of provisions on commercial performance, trading in fine arts products, and the operation of cultural recreation places. Article 5 Punishment of Violations of Provisions on Radio, Film, Television, and Sound Recording Products The Compliance-Checking Team, authorized by the Shanghai Municipal Radio, Film, and Television Bureau and in accordance with relevant laws, regulations and rules, punishes acts in violation of provisions on radio, film, television, and sound-recording products. Article 6 Punishment of Violations of Provisions on Books, Newspapers, and Electronic Publications The Compliance-Checking Team, authorized by the Shanghai Municipal News and Publications Bureau and in accordance with relevant laws, regulations, and rules, punishes acts in violation of provisions on books, newspapers, and electronic publications. Article 7 Punishment of Violations of Provisions on the Preservation of Cultural Relics The Compliance-Checking Team, authorized by the Shanghai Cultural Relics Commission and in accordance with relevant laws, regulations, and rules, punishes acts in violation of provisions on the preservation of cultural relics. Article 8 Punishment of Violations of Provisions on Sports Recreation Operations The General Checking Team, authorized by the Shanghai Sports Commission and in accordance with relevant laws, regulations, and rules, punishes acts in violation of provisions on sports recreation operations. Article 9 Referral of Violations to the Compliance-Checking Team and the Team's Feedback of Violation Settlements The Shanghai Municipal Culture Bureau; Shanghai Municipal Radio, Film, and Television Bureau; Shanghai Municipal News and Publications Bureau; Shanghai Cultural Relics Commission; and Shanghai Sports Commission shall, upon discovering any of the above-mentioned violations, refer or report immediately the violation to the Compliance-Checking Team for settlement. The Compliance-Checking Team shall provide feedback to the referring or reporting administrative department by circulating to it the Team's settlement of the violation. Article 10 Punishment Procedure Where the Compliance-Checking Checking Team concludes, under its authorization by a relevant administrative department, that an administrative penalty must be imposed, it shall provide to the party concerned a written notice of its decision and of the specific penalty and supply a copy of the notice to the relevant authorizing administrative department. Article 11 Administrative Review or Legal Action A party that wishes to contest an administrative penalty imposed by, or an administrative mandatory measure employed by the Compliance-Checking Team, may apply for an administrative review or take legal action. Article 12 Establishment of District- or County-level Comprehensive Law Enforcement Organization in the Area of Culture A district or county people' s government may establish an organization for comprehensive law enforcement in the area of culture. Authorized by a district or county administrative department of culture, radio and television, or sports, the district or county enforcement organization may, with respect to illegal acts in the relevant areas of culture that occur within the district or county, impose administrative penalties or employ administrative mandatory measures. The enforcement organization may also exercise supervision and examination related to the powers of administrative penalty and administrative mandatory measure. Article 13 Date of Implementation These Provisions shall become effective on January 1, 2000. |
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