Circular of the State Administration for Market Regulation on Seeking Public Comments on the Provisions on Supervision of Law Enforcement by Market Regulators (Draft for Comment)

Circular of the State Administration for Market Regulation on Seeking Public Comments on the Provisions on Supervision of Law Enforcement by Market Regulators (Draft for Comment)
Circular of the State Administration for Market Regulation on Seeking Public Comments on the Provisions on Supervision of Law Enforcement by Market Regulators (Draft for Comment)

September 20, 2019

The State Administration for Market Regulation drafted the Provisions on Supervision of Law Enforcement by Market Regulators (Draft for Comment) in order to adapt the demands for market regulation system reform, regulate the acts of administrative law enforcement, strengthen the supervision of the acts of administrative law enforcement of market regulators, and protect the legitimate rights and interests of citizens, legal persons and other organizations. Public comments are hereby sought on the Provisions. The public may put forward their comments through the following ways and means:

1. Log on to the website of the State Administration for Market Regulation (http://www.samr.gov.cn) and submit comments through the column "Seeking Comments on Draft Laws and Regulations" in "Interaction" of the homepage.

2. Send an email to fgs@samr.gov.cn. Please indicate the words "Provisions on Supervision of Law Enforcement" in the e-mail subject.

3. Send a letter to the Department of Laws and Regulations, the State Administration for Market Regulation, No. 8 Sanlihe E. Road, Xicheng District, Beijing, 100820. Please indicate on the envelope the words "Provisions on Supervision of Law Enforcement".

The deadline for submission of comments is October 19, 2019.

Provisions on Supervision of Law Enforcement by Market Regulators (Draft for Comment)

Article 1 These Provisions are formulated in accordance with the Administrative Licensing Law of the People's Republic of China, the Law of the People's Republic of China on Administrative Punishments and other laws and administrative regulations in order to strengthen the supervision of law enforcement by market regulators, regulate the acts of administrative law enforcement, and protect the legitimate rights and interests of citizens, legal persons and other organizations.

Article 2 For the purpose of these Provisions, supervision of law enforcement refers to such activities as inspection, deliberation, supervision and correction conducted by the superior market regulatory departments upon the acts of administrative law enforcement of the subordinate market regulatory departments, and by market regulatory departments at all levels upon the acts of administrative law enforcement of their respective subordinate agencies, local offices and law enforcement personnel.

Article 3 Relevant agencies of market regulatory departments at all levels shall carry out supervision of law enforcement in relevant fields to the extent of their duties.
The legal affairs offices of market regulatory departments at all levels shall, under the leadership of the market regulatory departments at the same level, be responsible for organizing, coordinating, guiding and implementing the supervision of law enforcement.

Article 4 Supervision of law enforcement shall adhere to the principles of combination of supervision and promotion of law enforcement and combination of correction and improvement.

Article 5 Supervision of law enforcement shall mainly cover:
1.
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