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New regulations on transportation administrative law enforcement procedures will be implemented soon
New regulations on transportation administrative law enforcement procedures will be implemented soon
date: 2021-07-16 10:27 author: China Traffic News Network Browse:

Recently, the Ministry of Transport issued the "Decision on Amending the Regulations on Administrative Enforcement Procedures for Transport" to further implement the "Administrative Penalty Law of the People's Republic of China", effectively safeguard the legitimate rights and interests of transportation practitioners, and standardize law enforcement behavior.

The revised "Regulations on the Procedures for Administrative Law Enforcement of Transportation" (hereinafter referred to as the "Regulations") further protect the legitimate rights and interests of the parties. New legal application rules have been added to follow the old and lenient laws; the protection of the rights of parties to inquire, make statements and defend themselves in non-site law enforcement has been clarified; the scope of cases included in the hearing has been adjusted, and the deadline for parties to apply for a hearing has been extended. At the same time, it has clarified the circumstances in which administrative penalties should not be imposed and can be exempted according to law, adhered to the principle of no punishment for no fault and light punishment for minor faults, embodied the principle of combining punishment with education, and fully protected the legitimate rights and interests of the parties.

The Regulations further strengthen law enforcement supervision, clarify the legal normative level at which special jurisdiction rules other than territorial jurisdiction can be set, and add provisions for the direct designation of jurisdiction by higher-level transportation law enforcement departments; standardize the setting, application and evidence review of electronic monitoring equipment; standardize the matters recorded in the on-the-spot administrative penalty decision book, the circumstances of public notice and withdrawal of penalty decisions, and other related contents, and further standardize law enforcement behavior. In order to further strengthen hierarchical supervision and social supervision, the Regulations have added provisions for law enforcement departments to improve supervision systems, actively accept social supervision, and correct illegal behaviors.

The Regulations also further optimized the case handling procedures. On the one hand, the ordinary procedures were optimized and improved, and the handling period of law enforcement cases and special circumstances for extending the handling period were clarified; the scope of administrative penalty legal review was adjusted to major administrative penalty cases, and its circumstances were clarified; the scope of cases included in the collective discussion of major cases was adjusted, and the ordinary procedures were further standardized to ensure the legality of administrative penalties. On the other hand, the simplified procedures were adjusted and improved, the case handling process was further simplified, and the scope of cases where administrative penalty decisions were made on the spot was adjusted to improve law enforcement efficiency. In terms of execution, the scope of application of cases where fines were collected on the spot was adjusted, and the starting time for applying for compulsory execution of postponed or installment payment of fines was further clarified to enhance operability. At the same time, in order to improve law enforcement efficiency and facilitate the parties, the scope of electronic delivery of legal documents has been expanded.