国务院关于贯彻实施《中华人民共和国行政处罚法》的通知 CIRCULAR OF THE STATE COUNCIL REGARDING THE IMPLEMENTATION OF LAW OF THE

rd to administrative punishments， the system for deciding administrative punishments and statistical system for administrative punishments， etc…… At the same time， the rules filing system and the Regulations on Administrative Consideration must be strictly implemented and the acts of illegally setting and implementing administrative punishments shall be rectified without delay.

　　The supervision and inspection by people's governments at and above county level on administrative punishments is an important way by which people's governments at higher levels exercise supervision over people's governments at lower levels and government exercise supervision over its departments， and is also an important duty of the government. Local people's governments at and above county level shall take the supervision and inspection on administrative punishments as an important content of the government's work， pay close attention to it and be sure to obtain actual effect. The inspection shall lay emphasis on inspecting the situation of the implementation of systems as regarding the power of setting administrative punishments， qualifications for implementing administrative punishments， on-the-spot punishments and separation of decision and collection of fines， etc…… Problems discovered in the inspection shall be resolutely corrected by adopting energetic measures. The office of legislative affairs under either local people's governments at various levels or their various departments shall， in accordance with the unified plan of the government at the same level or their own department， organize and undertake the supervision and inspection of administrative punishments.

　　5. Take Vigorous Action to Seek and Establish an Administrative Law Enforcement System Which Can Help Improve the Authority and Efficiency of Administrative Law-Enforcement.

　　People's governments of various provinces， autonomous regions and municipalities directly under the central government shall conduct experiments in relatively centralizing the power to make administrative punishments and， in

accordance with the local conditions， put forward a proposal on adjusting the power to make administrative punishments and implement it after submitted to and approved by the State Council. Various departments of the State Council shall research an administrative punishment system that is compatible with the socialist market economy， and give support to people's governments of provinces， autonomous regions and municipalities directly under the central government in the work of relatively centralizing the power to make administrative punishments. All localities and departments shall seriously implement the system of hearing， separation of investigation for evidence and decision of punishment， and separation of decision and collection of fines. They shall， in accordance with the provisions of the Law on Administrative Punishments， define the scope of hearing， determine persons taking charge of the hearing， formulate hearing rules， choose a relative detached institution in the administrative organ for conducting preliminary examination on the investigation results， reform the system for managing the funds of administrative law-enforcing organs and check the way of making the administrative punishments directly contacted with the interests of the administrative law-enforcing organs and personnel.

　　6. Grasp the Moment when the Law on Administrative Punishments Is to Be Implemented and Raise the Legal Work of the Government to a New Level.

　　The Ninth Five-Year Plan and the Long-Term Target Program for the Year 2010 of the National Economy and Social Development approved by the Fourth Session of the Eighth National People's Congress calls for managing state affairs according to law and building China into a country of socialist legal system. That is an important guarantee for the country's lasting political stability and it also ask more of the legal work of the government. Governments at all levels and all their departments shall fully realize the importance of effectively carrying out the government legal work in the new period， strengthen the leadership over the government legal work， put the construction of the government legal system to an important place in the work of the government and place it on the agenda as an important item. What is important at present is to lift the work concerning the government legislative affairs， law-enforcement and supervision over the law-enforcement up to a new step and raise the level of administration through the implementation of the Law on Administrative Punishments.

　　For strengthening the government legal work and implementing the Law on Administrative Punishments， there must be a special contingent with relatively high political and professional qualities. People's governments at and above county level and all their departments shall take effective actions to reinforce the institutions for government legislative affairs， make the establishments and the personnel meet the demands of the tasks of government legislative affairs of their own locality or department， create necessary conditions for them to develop the work and give full play to their role as an advisor and assistant in the government operation.

　　All localities and departments shall， in accordance with the actual situation of their own locality and department， seriously study and implement this Circular after receiving it. Important events and problems shall be reported to the Bureau of Legislative Affairs of the State Council without delay

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