深圳市行政执法证件管理办法_法律英语

深圳市行政执法证件管理办法

文章来源：文章作者：发布时间：2007-07-10 06:52 字体： [大中小]　进入论坛

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深圳市人民政府令第86号

颁布日期：19990907 　实施日期：19990907 　颁布单位：深圳市人民政府

　　Measures of the Shenzhen Municipality on the Administration of the Certificates of Administrative¹ 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 promulgated². It takes effect as of the date of promulgation³.

　　September 7， 1999

　　Measures of the Shenzhen Municipality on the Administration of the Certificates of Administrative Law Enforcement

　　Article 1 In order to strengthen the administration of the certificates of administrative law enforcement， guarantee and oversee⁴ 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 formulated⁵ in accordance with the related law and regulations.

　　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 Supervision⁶ 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.

　　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 inspection⁷ power for administrative law enforcement and the administrative punishment power.

　　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.

　　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.

　　Article 4 Enforcement Certificate shall be issued to the following persons：

　　（1） the personnel of the administrative offices of this municipality at various levels who are directly engaged in administrative law enforcement；

　　（2） the personnel of the organizations authorized⁸ by the law， regulations and rules who are directly engaged in administrative law enforcement；

　　（3） the personnel of the organizations entrusted⁹ by the administrative departments according to law who are directly engaged in administrative law enforcement.

　　Supervision Certificate shall be issued to the following persons：

　　（1） the leaders of the municipal， district governments and the various departments of the municipal government；

　　（2） the leaders and personnel of the offices of legal affairs of the municipal， district governments and the various departments of the municipal government；

　　（3） the full-time¹⁰ and part-time supervisors¹¹ of administrative law enforcement retained by the department of legal affairs of the municipal government.

　　Article 5 In order to apply for Enforcement Certificate and Supervision

　　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 credentials¹²， 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.

　　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.

　　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 qualified¹³ persons， and issue the certificates to those who have successfully passed the assessment¹⁴.

　　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 jurisdiction¹⁵ as well， and exercise their functions and powers strictly¹⁶ according to law.

　　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.

　　Article 10 The personnel holding Enforcement Certificate may， within the scope of their functions and powers， conduct investigations¹⁸， inspections¹⁹， or collection of evidence， stop and correct the acts violating the order of administrative management， impose administrative penalties， or take compulsory²⁰ measures according to law， the party concerned shall not refuse.

　　Article 11 The personnel holding Supervision Certificate may， within their functions and powers， conduct supervision and investigation¹⁷ 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.

　　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 affiliated²¹ with shall take back the certificate and report to the office of legal affairs of the municipal government for cancellation²².

　　Article 13 A system of annual check shall apply to the certificates of administrative law enforcement. All units which certificate holders²³ 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.

　　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 replacement²⁵. In applying for a replacement， the unit which the person having lost the certificate is affiliated with shall provide a written testimony²⁶ along with a copy of the newspaper in which the statement on the lost certificate is published.

　　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 revoke²⁷ the certificate of administrative law enforcement respectively according to the circumstances：

　　（1） misusing²⁸ the certificate of law enforcement， practicing favoritism and engaging in irregularities， causing adverse²⁹ effects；

　　（2） failing to produce the certificate of administrative law enforcement when conducting a law enforcement inspection；

　　（3） giving the certificate of administrative law enforcement to other people to use；

　　（4） engaging in the activities of law enforcement with a certificate which has not gone through the annual check；

　　（5） violating the procedure of law enforcement and causing serious consequences；

　　（6） overstepping the functions and powers in law enforcement and causing serious consequences；

　　（7） being brutal³⁰ in law enforcement and causing serious consequences；

　　（8） engaging in illegal activities so as to constitute a crime.

　　Article 16 The time limit of temporarily withdrawing a certificate of

　　administrative law enforcement shall be 30 days， a person whose certificate has been　withdrawn³¹ shall not engage in the activities of administrative law enforcement within the time period of certificate withdrawing.

　　A person whose certificate of administrative law enforcement has been revoked³² shall be transferred from the post of administrative law enforcement and no longer be allowed to engage in administrative law enforcement.

　　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.

　　Article 17 When criticizing by a circulated notice， temporarily withdrawing or revoking³³ 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.

　　Article 18 If a person of administrative law enforcement is unwilling³⁴ 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.

　　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 invalid²⁴.

　　Article 20 These measures shall take effect as of the date of promulgation.

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收听单词发音

1 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

2 promulgated
v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）
参考例句：
Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。来自汉英非文学 - 白皮书 The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。来自辞典例句

3 promulgation
n.颁布
参考例句：
The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。来自《简明英汉词典》 Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。来自经济法规部分

4 oversee
vt.监督，管理
参考例句：
Soldiers oversee the food handouts.士兵们看管着救济食品。 Use a surveyor or architect to oversee and inspect the different stages of the work.请一位房产检视员或建筑师来监督并检查不同阶段的工作。

5 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

6 supervision
n.监督，管理
参考例句：
The work was done under my supervision.这项工作是在我的监督之下完成的。 The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

7 inspection
n.检查，审查，检阅
参考例句：
On random inspection the meat was found to be bad.经抽查，发现肉变质了。 The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。

8 authorized
a.委任的，许可的
参考例句：
An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

9 entrusted
v.委托，托付( entrust的过去式和过去分词 )
参考例句：
He entrusted the task to his nephew. 他把这任务托付给了他的侄儿。 She was entrusted with the direction of the project. 她受委托负责这项计划。来自《简明英汉词典》

10 full-time
adj.满工作日的或工作周的，全时间的
参考例句：
A full-time job may be too much for her.全天工作她恐怕吃不消。 I don't know how she copes with looking after her family and doing a full-time job.既要照顾家庭又要全天工作，我不知道她是如何对付的。

11 supervisors
n.监督者，管理者( supervisor的名词复数 )
参考例句：
I think the best technical people make the best supervisors. 我认为最好的技术人员可以成为最好的管理人员。来自辞典例句 Even the foremen or first-level supervisors have a staffing responsibility. 甚至领班或第一线的监督人员也有任用的责任。来自辞典例句

12 credentials
n.证明，资格，证明书，证件
参考例句：
He has long credentials of diplomatic service.他的外交工作资历很深。 Both candidates for the job have excellent credentials.此项工作的两个求职者都非常符合资格。

13 qualified
adj.合格的，有资格的，胜任的，有限制的
参考例句：
He is qualified as a complete man of letters.他有资格当真正的文学家。 We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。

14 assessment
n.评价；评估；对财产的估价，被估定的金额
参考例句：
This is a very perceptive assessment of the situation.这是一个对该情况的极富洞察力的评价。 What is your assessment of the situation?你对时局的看法如何？

15 jurisdiction
n.司法权，审判权，管辖权，控制权
参考例句：
It doesn't lie within my jurisdiction to set you free.我无权将你释放。 Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

16 strictly
adv.严厉地，严格地；严密地
参考例句：
His doctor is dieting him strictly.他的医生严格规定他的饮食。 The guests were seated strictly in order of precedence.客人严格按照地位高低就座。

17 investigation
n.调查，调查研究
参考例句：
In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。 He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。

18 investigations
（正式的）调查( investigation的名词复数 )；侦查；科学研究；学术研究
参考例句：
His investigations were intensive and thorough but revealed nothing. 他进行了深入彻底的调查，但没有发现什么。 He often sent them out to make investigations. 他常常派他们出去作调查。

19 inspections
n.检查( inspection的名词复数 )；检验；视察；检阅
参考例句：
Regular inspections are carried out at the prison. 经常有人来视察这座监狱。 Government inspections ensure a high degree of uniformity in the standard of service. 政府检查确保了在服务标准方面的高度一致。来自《简明英汉词典》

20 compulsory
n.强制的，必修的；规定的，义务的
参考例句：
Is English a compulsory subject?英语是必修课吗？ Compulsory schooling ends at sixteen.义务教育至16岁为止。

21 affiliated
adj. 附属的, 有关连的
参考例句：
The hospital is affiliated with the local university. 这家医院附属于当地大学。 All affiliated members can vote. 所有隶属成员都有投票权。

22 cancellation
n.删除，取消
参考例句：
Heavy seas can cause cancellation of ferry services.海上风浪太大，可能须要取消渡轮服务。 Her cancellation of her trip to Paris upset our plan.她取消了巴黎之行打乱了我们的计划。

23 holders
支持物( holder的名词复数 )；持有者；（支票等）持有人；支托（或握持）…之物
参考例句：
Slaves were mercilessly ground down by slave holders. 奴隶受奴隶主的残酷压迫。 It is recognition of compassion's part that leads the up-holders of capital punishment to accuse the abolitionists of sentimentality in being more sorry for the murderer than for his victim. 正是对怜悯的作用有了认识，才使得死刑的提倡者指控主张废除死刑的人感情用事，同情谋杀犯胜过同情受害者。

24 invalid
n.病人，伤残人；adj.有病的，伤残的；无效的
参考例句：
He will visit an invalid.他将要去看望一个病人。 A passport that is out of date is invalid.护照过期是无效的。

25 replacement
n.取代，替换，交换；替代品，代用品
参考例句：
We are hard put to find a replacement for our assistant.我们很难找到一个人来代替我们的助手。 They put all the students through the replacement examination.他们让所有的学生参加分班考试。

26 testimony
n.证词；见证，证明
参考例句：
The testimony given by him is dubious.他所作的证据是可疑的。 He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。

27 revoke
v.废除，取消，撤回
参考例句：
The university may revoke my diploma.大学可能吊销我的毕业证书。 The government revoked her husband's license to operate migrant labor crews.政府撤销了她丈夫管理外来打工人群的许可证。

28 misusing
v.使用…不当( misuse的现在分词 )；把…派作不正当的用途；虐待；滥用
参考例句：
This means we must stop misusing them. 也就是说，我们已必须停止滥用抗菌素不可了。来自英汉非文学 - 生命科学 - 预防生物武器 Misusing organic fertilizer may cause a decrease in the soil's quality. 滥用有机肥料可能会导致土地的土质下降。来自互联网

29 adverse
adj.不利的；有害的；敌对的，不友好的
参考例句：
He is adverse to going abroad.他反对出国。 The improper use of medicine could lead to severe adverse reactions.用药不当会产生严重的不良反应。

30 brutal
adj.残忍的，野蛮的，不讲理的
参考例句：
She has to face the brutal reality.她不得不去面对冷酷的现实。 They're brutal people behind their civilised veneer.他们表面上温文有礼，骨子里却是野蛮残忍。

31 withdrawn
vt.收回；使退出；vi.撤退，退出
参考例句：
Our force has been withdrawn from the danger area.我们的军队已从危险地区撤出。 All foreign troops should be withdrawn to their own countries.一切外国军队都应撤回本国去。

32 revoked
adj.[法]取消的v.撤销，取消，废除( revoke的过去式和过去分词 )
参考例句：
It may be revoked if the check is later dishonoured. 以后如支票被拒绝支付，结算可以撤销。来自辞典例句 A will is revoked expressly. 遗嘱可以通过明示推翻。来自辞典例句

33 revoking
v.撤销，取消，废除( revoke的现在分词 )
参考例句：
There are no provisions for revoking the prize. 没有撤销获奖的规定。来自互联网 The decision revoking the patent right shall be registered and announced by the Patent Office. 撤销专利权的决定，由专利局登记和公告。来自互联网

34 unwilling
adj.不情愿的
参考例句：
The natives were unwilling to be bent by colonial power.土著居民不愿受殖民势力的摆布。 His tightfisted employer was unwilling to give him a raise.他那吝啬的雇主不肯给他加薪。

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