Measures for the Administration of Comprehensive Administrative Law Enforcement in Zhejiang Cultural Market (20 1 1 Revision)

Article 1 These Measures are formulated in accordance with the Administrative Punishment Law of the People's Republic of China and other relevant laws and regulations in order to strengthen the management of the cultural market, standardize the comprehensive administrative law enforcement behavior of the cultural market, and protect the legitimate rights and interests of citizens, legal persons and other organizations. Article 2 The term "comprehensive administrative law enforcement in the cultural market" as mentioned in these Measures refers to the administrative law enforcement activities entrusted by the administrative departments of culture, radio, film and television, press and publication (hereinafter referred to as the entrusting organs) to supervise and inspect the cultural market, impose administrative penalties and other matters according to law.

Comprehensive law enforcement agencies required funds included in the fiscal budget at the same level. Article 3 Comprehensive administrative law enforcement in the cultural market shall follow the principles of legality, fairness and openness, adhere to fair and civilized law enforcement, and accept social supervision. Article 4 The scope of comprehensive administrative law enforcement in the cultural market is:

(a) business performances, audio-visual products business, entertainment business, art business, film distribution, screening, Internet service business, social and artistic level examination, intangible cultural heritage protection, cultural relics protection and cultural relics management;

(2) Production, operation and transmission of radio and television programs, construction, protection and safe broadcasting of radio and television facilities, installation, setting and use of ground receiving facilities for satellite television broadcasting, Internet audio-visual program service, and public audio-visual carrier broadcasting audio-visual program service;

(3) Publication, printing (reproduction), distribution, import and export, copyright protection, printing of packaging and decoration printed matter and other printed matter;

(four) other cultural market activities as stipulated by laws, regulations and rules. Article 5 When entrusting a comprehensive law enforcement organ to implement administrative law enforcement, the entrusting organ shall specify the specific entrusted matters and authority in writing according to law, and report the entrusted documents, basis and other materials to the people's government at the same level and the administrative department of culture, radio, film and television press and publication at the next higher level for the record. Article 6 A comprehensive law enforcement organ shall establish and improve the relevant systems of administrative law enforcement, perform its duties according to law within the delegated authority, and accept the supervision of the entrusting organ.

Comprehensive law enforcement agencies should establish a complaint reporting system, publish complaint reporting telephone numbers, and promptly accept and investigate violations in cultural market activities according to law. Article 7 The entrusting organ and the competent business department at a higher level shall strengthen the political theory and business knowledge training for law enforcement personnel, so as to improve the overall quality and law enforcement level of the law enforcement team.

Law enforcement officers of comprehensive law enforcement agencies shall pass the administrative law enforcement qualification examination and obtain the Zhejiang Administrative Law Enforcement Certificate. Comprehensive law enforcement agencies should have the necessary facilities, equipment and other law enforcement conditions. Article 8 When conducting an administrative law enforcement investigation or on-site inspection, a comprehensive law enforcement organ shall make a record of the investigation and inspection, which shall be signed by the law enforcement officers and the parties concerned. If the party refuses to sign or cannot sign, it shall indicate the reasons.

When performing their duties according to law, law enforcement officers of comprehensive law enforcement agencies shall produce Zhejiang administrative law enforcement certificates. Ninth law enforcement officers of comprehensive law enforcement agencies have a direct interest in the parties, and should be avoided. The withdrawal of law enforcement personnel is decided by the person in charge of the comprehensive law enforcement agency; The withdrawal of the person in charge of the comprehensive law enforcement agency shall be decided by the person in charge of the entrusting organ. Article 10 If a comprehensive law enforcement organ takes measures of registering and preserving evidence in advance in administrative law enforcement activities, it shall be approved by the person in charge of the entrusting organ, and issue a written notice to the parties with the official seal of the entrusting organ, making a list, indicating the name, model, quantity, storage location and other matters of the property, which shall be signed by the law enforcement officer and the parties. Eleventh in accordance with the law to take advance registration and preservation measures, should be based on the different circumstances of the evidence registered and preserved in advance to make the following treatment:

(1) After the evidence is preserved by means of copying or video recording. , cancel the advance registration and preservation according to law;

(two) the confiscation of illegal property registered and preserved in advance according to law shall be implemented in accordance with the decision on administrative punishment. Twelfth comprehensive law enforcement agencies shall properly keep the property registered and preserved in advance, and shall not use, damage or lose it. In accordance with the provisions of article eleventh of these measures, the comprehensive law enforcement agency shall notify the parties to claim the property registered and preserved in advance within the prescribed time limit; If the party concerned is unclear or fails to claim it after notification, it shall issue a property claim announcement; If it is not claimed within three months from the date of announcement, it may be handled as ownerless property according to law. Thirteenth for illegal acts that should be given administrative punishment according to law, before making a decision on administrative punishment, the comprehensive law enforcement agency shall inform the parties of the facts, reasons and basis for making the decision on administrative punishment and the rights enjoyed by the parties according to law. Article 14 Before making the following decision on administrative punishment, the parties concerned shall be informed of their right to request a hearing:

(a) the amount of fines or confiscation of property value, non-business violations of more than 2000 yuan, business violations of more than 50 thousand yuan, but otherwise stipulated by laws and regulations, from its provisions;

(two) ordered to suspend production or business;

(3) Revoking the license.

If a party requests a hearing within 3 days from the date of receiving the notice of hearing right, it shall organize a hearing according to law. Fifteenth administrative punishment decisions shall be made in the name of the entrusting organ.

If the administrative punishment prescribed in the first paragraph of Article 14 of these Measures is made according to law or the case is complicated and needs collective discussion, it shall be decided by the person in charge of the entrusting organ through collective discussion.