Jiangxi Provincial People's Government on the abolition of 4 and amend 16 provincial government regulations of the decision

I. Abolition of 4 provincial government regulations

(I) Jiangxi Province, administrative utility charges bills management regulations (June 28, 1997 Jiangxi Provincial People's Government Decree No. 55 published, June 30, 2004 Jiangxi Provincial People's Government Decree No. 134 amended, September 29, 2019 Jiangxi Provincial People's Government Decree No. 241 amended).

(2) Jiangxi Province administrative fees and charges for two lines of management (December 11, 1998 Jiangxi Provincial People's Government Order No. 86 published).

(C) Jiangxi Province personnel disputes (November 16, 2006 Jiangxi Provincial People's Government Order No. 153 published).

(iv) Jiangxi Province grain purchase qualification license management measures (December 11, 2004 Jiangxi Provincial People's Government Decree No. 136 published, November 20, 2012 Jiangxi Provincial People's Government Decree No. 202 amended, December 4, 2017 Jiangxi Provincial People's Government Decree No. 227 amended, September 29, 2019 Jiangxi Provincial People's Government Decree No. 241 (Amended). Second, some of the provisions of the 16 provincial government regulations to be amended

(a) Jiangxi Province administrative law enforcement supervision implementation measures.

1. The first paragraph of Article 12 is amended to read: "People's governments at all levels and administrative law enforcement departments to develop normative documents shall be published in accordance with the law to the community, and within fifteen days from the date of publication in accordance with the "Administrative Normative Documents of Jiangxi Province," the provisions of the administrative normative documents sent to the relevant authorities for the record."

2. Article 14, paragraph 2, amended to read: "reduce the qualification level, revocation of licenses, restrictions on the conduct of production and business activities, ordered to suspend production and business, ordered to close, restrictions on the practice of the profession;"

(2) Jiangxi Province, the administrative penalty hearing procedures.

1. Article 2 is amended to read: "administrative organs at all levels within the administrative area of the province or organizations authorized by laws and regulations (hereinafter referred to as the administrative penalty implementation authority) on the parties to the proposed decision on the following administrative penalties, the parties shall be informed of the right to request a hearing:

"(a) for citizens (a) Imposing a fine of more than three thousand yuan, or more than twenty thousand yuan for legal persons or other organizations, or confiscating the equivalent of the amount of illegal income, illegal property;

"(b) Reducing the qualification grade, revoking the license;

"(c) Ordering the suspension of production and business, closing down, or restricting the practice of the profession;

"(iv) other heavier administrative penalties;

"(v) other cases stipulated by laws, regulations and rules.""

2. Article 16, paragraph 1, "within three days from the date of receipt of the notice of hearing" to "should be within five days after the administrative organ informed".

3. The first paragraph of Article 23 was amended to read: "The evidence for the hearing shall include documentary evidence, physical evidence, audio-visual materials, electronic data, witness statements, statements of the parties, appraisal opinions, investigation transcripts, and on-site transcripts."

4. Article 25, paragraph 1, "by the clerk of the hearing transcript of the situation" to "by the presiding officer of the hearing notes in the transcript".

5. Article 29 of the "in accordance with the Chinese people's **** and the State Administrative Punishments Law, Article 38" amended to "in accordance with the Chinese people's **** and the State Administrative Punishments Law, Article 57".

6. Article 32, paragraph 2, amended to read: "the parties and their agents without valid reasons refuse to attend the hearing or without permission to withdraw from the hearing;"

(C) Jiangxi Province, to regulate the discretionary administrative penalties.

1. Article 7, paragraph 1, amended to read: "one of the following circumstances, according to law shall not be subject to administrative punishment:

" (a) less than fourteen years of age of minors have violated the law;

" (b) psychiatric patients, persons with mental disabilities can not recognize or control their own behavior have violated the law;"

"(2) mental patients, persons with intellectual disabilities in the inability to identify or cannot control their own behavior when they have illegal behavior;

"(3) the violation is minor and timely correction, without causing harmful consequences;

"(4) the parties have evidence sufficient to prove that there is no subjective fault, but unless otherwise provided by laws and administrative regulations;

"(v) the violation has not been discovered within two years or the violation involves the life, health and safety of citizens, financial security and has harmful consequences, and has not been discovered within five years, unless otherwise provided by law;

"(vi) other administrative penalties shall not be imposed in accordance with the law."

2. The first paragraph of Article 8 shall be amended to read: "The following circumstances shall be taken into consideration when formulating the implementation standards for granting lighter or mitigated administrative penalties:

"(1) minors who have reached the age of fourteen and are less than eighteen years old have committed an illegal act;

" (ii) mental patients and persons with intellectual disabilities who have not yet completely lost the ability to recognize or control their own behavior have violated the law;

"(iii) those who take the initiative to eliminate or mitigate the harmful consequences of the violation;

"(iv) those who have been coerced or induced by another person to commit the violation;

"(v) voluntarily confessing to the administrative organ has not yet grasped the illegal act;

"(vi) cooperating with the administrative organ to investigate and deal with the illegal act with meritorious performance;

"(vii) laws, regulations, rules and regulations stipulate that other should be mitigated or alleviated administrative penalties. "

3. Article XII of the "Jiangxi Provincial normative documents for the record" to "administrative normative documents in Jiangxi Province".

(4) Jiangxi Provincial People's Government on the Ganjiang New Area to exercise some of the provincial economic and social management authority decision.

1. Will be annexed to the fourth, fifth, sixth in the "original implementation of the authorities: the provincial Industry and Information Technology Commission" amended to "the original implementation of the authorities: the provincial Department of Industry and Information Technology".

2. In the twelfth and thirteenth items of the annex, "the original implementing organization: the Provincial Forestry Department" was amended to "the original implementing organization: the Provincial Forestry Bureau".

3. In the Annex, the 14th, 15th, 16th, 17th and 18th items, "the original implementing agency: the Provincial Health and Family Planning Commission" was amended to "the original implementing agency: the Provincial Health and Health Commission".

4. The annex to the nineteenth, the twentieth item in the "original implementation authority: the provincial health planning commission; Remarks: reported to the provincial health planning commission for the record" amended to "the original implementation authority: the provincial health commission; Remarks: reported to the provincial health commission for the record".

5. Will be annexed to the twenty-first, twenty-second, twenty-third, twenty-fourth, twenty-fifth, twenty-sixth, twenty-seventh, twenty-eighth in the "original implementation of the authorities: the provincial press and publication of radio and television" to "the original implementation of the authorities: the provincial press and publication (copyright) bureau". Copyright) Bureau".

6. will be annexed to the thirty-first, thirty-second, thirty-third, thirty-sixth, thirty-seventh, thirty-ninth, fortieth in the "original implementation of the authorities: the Provincial Food and Drug Administration; Remarks: with the corresponding conditions before the establishment of the Provincial Food and Drug Administration approval of the green channel" to amend to "The original implementing agency: the provincial Drug Administration; Remarks: with the corresponding conditions before the establishment of the provincial Drug Administration approval of the green channel".

7. Will be annexed to