BMCHURD Releases Administrative Penalty Discretion Criteria
2013年01月15日
“Construction commences without license”, “sale begins without pre-sale license”, “property management enterprise stops services without legal reasons”…all these illegal acts will gain penalties based on clear criteria from now on. Beijing Municipal Commission of Housing and Urban-Rural Development (BMCHURD) released the Administrative Penalty Discretion Criteria (Batch 1) (for Trial Implementation) for Beijing’s Housing and Urban-Rural Development System recently, which gives clear regulations on applicable penalties to these acts.
Relevant Official of BMCHURD introduced that the release of this Penalty Discretion Criterion is an implementation of requirement by State Council and the Municipal Government on regulating administrative penalty discretion and improving the law enforcement ability by administrative means. It is also a means to prevent risk for corruption, promote reasonable law enforcement, safeguard legal rights of counterpart, and promote the resolving of administrative disputes.
The Administrative Penalty Discretion Criteria (Batch 1) (for Trial Implementation) for Beijing’s Housing and Urban-Rural Development System contains 17 Articles, 1 on construction license, 2 on real estate development, 4 on sales of commercial housing, and 10 on property management. When giving administrative penalties, the law enforcement officials shall refer to the Criteria, and impose proper penalty based on the fact, nature, scenario and grade of harm of the illegal acts as regulated in the Criteria. For example, there are 4 grades of penalties for “construction unit who commences construction without license” based on severity of circumstances and consequences brought by his illegal act; there are 3 grades of penalties (from RMB 10,000 to 30,000) for “real estate developer who hasn’t house sales license and charges deposit from buyer”, the penalty will be imposed based on the amount of deposit he charged; and 3 graded of penalties (RMB10,000, RMB50,000 and RMB 100,000) are regulated for “property management enterprise who stops services without legal reasons” based on severity of circumstances and consequences brought by the illegal act.
Relevant Official of BMCHURD introduced that the release of this Penalty Discretion Criterion is an implementation of requirement by State Council and the Municipal Government on regulating administrative penalty discretion and improving the law enforcement ability by administrative means. It is also a means to prevent risk for corruption, promote reasonable law enforcement, safeguard legal rights of counterpart, and promote the resolving of administrative disputes.
The Administrative Penalty Discretion Criteria (Batch 1) (for Trial Implementation) for Beijing’s Housing and Urban-Rural Development System contains 17 Articles, 1 on construction license, 2 on real estate development, 4 on sales of commercial housing, and 10 on property management. When giving administrative penalties, the law enforcement officials shall refer to the Criteria, and impose proper penalty based on the fact, nature, scenario and grade of harm of the illegal acts as regulated in the Criteria. For example, there are 4 grades of penalties for “construction unit who commences construction without license” based on severity of circumstances and consequences brought by his illegal act; there are 3 grades of penalties (from RMB 10,000 to 30,000) for “real estate developer who hasn’t house sales license and charges deposit from buyer”, the penalty will be imposed based on the amount of deposit he charged; and 3 graded of penalties (RMB10,000, RMB50,000 and RMB 100,000) are regulated for “property management enterprise who stops services without legal reasons” based on severity of circumstances and consequences brought by the illegal act.
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