Hebei: 28 in the field of residential construction, minor illegal matters, "slightly not penalty" or "first violation of penalties"

Author:Great Wall Time:2022.09.08

Provincial Department of Housing and Construction regulates law enforcement behaviors to build a business environment for rule of law

28 minor illegal matters "slightly not punished" or "first violation free penalty"

In order to further standardize law enforcement behaviors and build a business environment of the rule of law, recently, the Provincial Housing and Urban -Rural Development Department issued the "List of Minor illegal Activity Intelligence and Punishment" in the field of Housing and Urban -Rural Development in Hebei Province. matter. Under the premise of meeting the applicable conditions, these 28 minor illegal matters can be "slightly punished" or "first violation free penalty".

The free penalty list clarifies the applicable conditions of the two situations: "slightly free penalty" and "first violation". "Slightly punishment" means that if the illegal act is slight, corrected in time, does not cause harmful consequences, and the parties actively cooperate with the inspection and investigation, they will not be punished by administrative penalties. The "first violation of penalties" means that the initial violations of the law, the consequences of the harm, the timely correction, and the active cooperation of the parties will cooperate with the inspection and investigation. When applying a free penalty list, all the requirements of the applicable conditions for the free penalty list should be met at the same time.

The "Minor Penalty" list includes the punishment for the construction unit or other relevant departments after the construction project is completed after the completion and acceptance of the construction project. Thirteen matters such as the punishment of illegal acts in the completion inspection filing.

The list of "first violations" includes the punishment of the drainage households' failure to obtain sewage drainage pipe network permits to discharge sewage facilities to urban drainage facilities, and the kitchen waste generated unit will give the food and kitchen waste to the signing agreement without authorization. 15 matters including other companies or individuals.

The Provincial Department of Housing and Urban -Rural Development requires that in the process of implementing administrative management and administrative penalties, each city must adhere to the principles of combining punishment with education and equivalent penalties, and comprehensively judge the facts, nature, circumstances, evidence, and social hazards of the case. To accurately grasp the law enforcement standards, the "first violation" in the "first violation of penalties" refers to the first time the same administrative law enforcement agency discovered the illegal act within 12 months of its jurisdiction; The active correction before the discovery of illegal acts also includes the law enforcement department found illegal acts, and the parties took the initiative to correct or correct them within the time limit. After rectification, their related activities must meet the legal requirements.

Each city must strictly standardize the application procedures, establish and improve the first illegal registration confirmation system, and form the first ledger of the illegal case, which is convenient for law enforcement officers to confirm whether it is in line with the "first violation of penalties". Implementing minor illegal and first -time illegal acts will not be informed of administrative penalties, and those who apply "minor penalties" and "first violations" shall be fulfilled before making a decision to be punished. Criticize education, urge them to understand their own mistakes, strengthen the awareness of law -abiding, correct illegal acts, and consciously fulfill their commitments.

Each city can formulate a local penalty list without conflicting law enforcement work. All cities should strengthen the guidance of county -level counterpart departments, comprehensively carry out minor illegal acts tolerance and penalty work, innovate administrative law enforcement methods, optimize the business environment of the rule of law, and build a rule of law government and service -oriented governments. (Reporter Song Ping)

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