深圳市人民政府令第126号

颁布日期：20030531 　实施日期：20030801 　颁布单位：深圳市人民政府

　　The Decree No. 126 of the People‘s Government of Shenzhen Municipality

　　Regulations on Management of Proclamation of Administrative¹ Subject for Law Enforcement of Shenzhen Municipality ， adopted at the 86th Executive Meeting of the Third Municipal People‘s Government on April 29th，

　　2003 ，is hereby promulgated² and shall go into effect as of August 1th，2003.

　　May. 31，2003.

　　Article 1　In order to standard the administrative subject for law enforcement ， safeguard and supervise the administrative subject for law enforcement to exercise functions and powers by law， these regulations are hereby formulated³ according to the relevant laws and regulations.

　　Article 2　These regulations are applicable to the management of proclamation of the administrative subject for law enforcement in Shenzhen City except those of vertical⁴ lead by the nation and province.

　　Article 3　The administrative subject for law enforcement referred in these regulations means the administrative organization ，institution and other organizations which are set up by law， can exercise administrative inspection⁵ ，administrative coercive measure， administrative penalty and arbitrary administrative execution in its own name according to law.

　　Article 4　The administrative subject for law enforcement shall carry out law enforcement activity legally within the function and authority proclaimed by the Municipal People‘s Government. Any law enforcement activities which are not proclaimed or beyond the proclaimed function and authority shall be of no effect.

　　Article 5　The legality department of the Municipal People‘s Government （hereinafter refers as municipal legality department） shall take charge of examination before the administrative subject for law enforcement has been proclaimed.

　　The urban administrative subject for law enforcement shall be reported to the municipal People‘s Government for approval of proclamation after the municipal legality department propose the censoring⁶ opinion

　　The district administrative subjects for law enforcement shall be reported to the Municipal People‘s Government for approval of proclamation after the district People’s Government propose the censoring opinion as well as being checked by the municipal legality department.

　　Article 6　The administrative subject for law enforcement shall accord with the qualifications as follows ：

　　1. being set up by law；

　　2. with law enforcement function and authority according to laws ， rules and regulations or the official documents of adjustment of law enforcement function and authority by the government；

　　3. be able to carry out administrative law enforcement activities in its own name and bear legal responsibility；

　　4. with the establishment of organizations checked by the establishment of organizations department and law enforcement officer in qualification；

　　5. having the outlay⁷ supported by the treasury⁸ department；

　　6. being conform with other provisions in laws ， rules and regulations.

　　Article 7　When the administrative organization and the authorized⁹ organizations by laws ， rules and regulations submit for examination of administrative subject for law enforcement ， the following material shall be filed：

　　1. the official letter of submitting for examination subscribed¹⁰ by the principal of the department or organization ；

　　2. the official document of setting up administrative subject for law enforcement according to law；

　　3. the laws， rules and regulations which regulate the function and authority of the administrative subject for law enforcement or official document of adjustment of law enforcement function and authority by the government ；

　　4. the document of the establishment of organizations checked by the establishment of organizations department；

　　5. the text of proclamation the administrative subject for law enforcement.

　　Article 8　The municipal legality department and district government shall check whether the administrative subject for law enforcement that submitted for examination accord to article 6 of these regulations or not ， make out the checking opinion in 10 working days from accepting the file and inform the submitted department or the organization in written.

　　If it accords to the qualifications after being examined and checked ， the municipal legality department shall submit it to the Municipal People‘s Government for approval of proclamation in 10 working days after making out the examining and checking opinion.

　　Article 9 The proclamation of the administrative subject for law enforcement shall include the followings ：

　　1. the name of the administrative subject for law enforcement；

　　2. the law enforcement function and authority；

　　3. the main legislative¹¹ authority for law enforcement；

　　4. the office address ，the phone number for consultation¹² and complaint

　　Article 10 The administrative subject for law enforcement shall be proclaimed in the Shenzhen Municipal People‘s Government Communique.

　　After the administrative subject for law enforcement being proclaimed in the Shenzhen Municipal People‘s Government Communique， the relevant department may issue the text of proclamation approved by the government in the Municipal People’s Government information net or other media.

　　Article 11 The examination and proclamation shall be submitted renewedly if the cases as follows happen after the administrative subject for law enforcement proclaimed

　　1. division of the administrative subject for law enforcement；

　　2. consolidation¹³ of the administrative subject for law enforcement consolidation；

　　3. to change the name of the administrative subject for law enforcement；

　　4. to change the legislative authority for law enforcement；

　　5. to change the function and authority of administrative law enforcement.

　　Article 12　If the cases referred in the article 11 of these regulations happen ， the relevant department shall submit to the municipal legality department or the district government for examination according to article 7 of these regulations within 15 working days after the law ， rules and regulation and the official document that regulate this case go into effect， the municipal legality department or the district government shall cope with it in line with article 8 of these regulations.

　　If the administrative subject for law enforcement complies with the section 1 of article 11，it shall be submitted for checking by the department or the organization after divided； if it complies with the section 2 of article 11， it shall be submitted for checking by the new department or the organization； if it complies with the section 3，4 and 5 of article 11， it shall be submitted for checking by the original department or the organization.

　　If the office address ，the phone number for consultation and complaint of the administrative subject for law enforcement change ， the original department or the organization shall submit the general office of the Municipal People‘s Government directly for issuing it in the Shenzhen Municipal People’s Government communiqué。

　　Article 13　After the administrative subject for law enforcement being approved by the Municipal People‘s Government， the general office of the Municipal People’s Government shall issue the text of proclamation of the administrative subject for law enforcement in the Shenzhen Municipal People‘s Government Communique within 15 days from the approving day.

　　Article 14　The administrative office， within its legal ability and authority ，may consign¹⁴ the organization that is in line with article 15 of these regulations to carry out administrative law enforcement activities according to law.

　　The consigner shall supervise the law enforcement activity by the consignee¹⁵ within its consigned¹⁶ range and bear the corresponding legal responsibility

　　The consignee shall carry out administrative law enforcement activities in the name of the consigner within its consigned range， and may not consign other organization or person to carry out.

　　The consigner shall not exercise the power of administrative law enforcement that had been consigned to the consigee during the term of consignment¹⁷ any more.

　　Article 15

　　The organization which is consigned to carry out the administrative law enforcement activity shall be in line with the qualifications as follows ：

　　1. being the undertaking¹⁸ organization of running public affair set up by law

　　2. having the qualified¹⁹ law enforcement officer

　　3. if needs technical examination or technical appraisement²⁰ during the administrative law enforcement， it shall have the conditions for organizing the relevant technical examination or technical appraisement

　　4. being comply with other provisions of laws， rules and regulations.

　　Article 16　The administrative office， where consigns²¹ the qualified organization to carry out the administrative law enforcement activity ， shall sign the Contract of Consigning²² Administrative Law Enforcement　with the consignee. The contract shall includes the following items ：

　　1. the names and the addresses of the consigner and consignee；

　　2. the legislative authority of the consigner；

　　3. the consigning items and authority of law enforcement；

　　4. the term of consignment；

　　5. the outlay source for law enforcement of the consignee；

　　The term of being consigned to administrative law enforcement shall not beyond 5 years

　　The Contract of Consigning Administrative Law Enforcement shall be signed and sealed by two side‘s legal representatives.

　　Article 17　The administrative office shall submit the commitment to the municipal legality department or the district government for examination within 10 working days after signing the Contract of Consigning Administrative Law Enforcement with the consignee. It shall offer the following materials when submit for examination：

　　1. the official letter submitting for examination signed by the principal of the administrative office

　　2. the official document of setting up the consignee；

　　3. the Contract of Consigning Administrative Law Enforcement ；

　　4. the name list of law enforcement officers and the identification of outlay source for law enforcement of the consignee；

　　5. the text of proclamation of the consignee.

　　Article 18　The municipal legality department and the district government shall examine the necessary and legality of consigning administrative law enforcement ， and make out the examination opinion within 10 working days after accepting as well as inform the submitting office in written.

　　If it is necessary and comply with the regulated conditions after being checked and examined ， the municipal legality department shall submit to the Municipal People‘s Government for approval of proclamation within 10 working days after　making out the examination or check opinion

　　Article 19 After the expiration²³ of consigning administrative law enforcement ， if needs continuing consignment， the consigner shall sign the Contract of Consigning Administrative Law Enforcement with the consignee again one month ahead before its expiration of term of consignment ，and submit for examination and approval for proclamation according to these regulations.

　　Article 20　If the consigner discovers the consignee disobey the consigning contract or carry out the consigned administrative law enforcement activity illegally ，it shall order to correct ；where the circumstances are serious， it may cancel the consignment.

　　Article 21　Any organization or person has right to complain about and propose opinion of the administrative office ， institution or the organization， who violate these regulations to carry out administrative law enforcement activity， to the municipal legality department and the municipal supervision²⁴ department.

　　Article 22　The municipal legality department shall report to the Municipal Peoople‘s Government if it discovers the administrative office ， institution or the organization who does not approve for proclamation according to these regulations carry out　administrative law enforcement activity， and the Municipal People’s Government shall order the administrative office ， institution or the organization to stop carrying out the activity .

　　Article 23　The principal and the direct liable person of administrative office ， institution or the organization ， who violate these regulations to carry out administrative law enforcement activity，　shall be ordered to bear the administrative tort liability by the municipal supervision department according to law.

　　Article　24　The Municipal People‘s Government shall publicize the roster²⁵ of the administrative subject for law enforcement and the authorized organization for law enforcement annually²⁶

　　If the administrative subject for law enforcement and the organization who consigned to carry out administrative law enforcement activity by the administrative office had carry out administrative law enforcement activity before these regulations are issued， its examination and approval of proclamation shall be finished within 6 months from the issued date of these regulations.

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