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Article 1. The present Measures are formulated in combination with the real situations of this Administration according to the Law of the People's Republic of China on Administrative Licensing, the Law of the People's Republic of China on Administrative Supervision, the Explanations of the State Administration of Cultural Heritage on Items of Administrative Licensing and the Working Rules of the State Administration of Cultural Heritage in order to regulate the conducts of departments (offices) and sections of the State Administration of State Administration of Cultural Heritage and the personnel thereof in charge of handling administrative licensing, guarantee and supervise their effective implementation of administrative administration, protect the legitimate rights and interests of citizens, legal persons and other organizations and preserve public interests and social order. Article 2. The present Measures shall apply to the departments (offices) and sections of the State Administration of State Administration of Cultural Heritage and the personnel thereof in charge of handling administrative licensing. Article 3. The term "misconduct liabilities of administrative licensing" as mentioned in the present Measures refers to the liabilities that shall be borne by the departments (offices) and sections of the State Administration of Cultural Heritage and the personnel thereof in charge of handling administrative licensing who have violated any law, regulation or rule and caused any unfavorable impact and serious consequence in the process of administrative licensing. Article 4. Where the departments (offices) and sections of the State Administration of Cultural Heritage and the personnel thereof in charge of handling administrative licensing grant any license are under any of the following circumstances, the misconduct liabilities thereof in administrative licensing shall be prosecuted according to the principle of "One shall be responsible for the license that he has granted": (1) Refusing to accept an application that meets the statutory requirements of administrative licensing; (2) Failing to publicize those materials subject to publication according to law; (3) Failing to perform the statutory obligations of notifying the applicant or interests person in the course of accepting, examining and deciding the administrative licensing; (4) Failing to inform the applicant of all the content subject to supplementation and correction in an one-off manner, when the application materials as submitted by an applicant are incomplete or fail to comply with the legal form; (5) Failing to explain the reason of refusing to accept an application for administrative licensing or of refusing to grant the relevant administrative license according to law; (6) Failing to hold any due hearing according to law; (7) Granting any administrative license to any applicant who fails to meet the statutory requirements or overstepping its/his statutory functions and duties to make any decision on granting any administrative license; (8) Failing to grant an administrative license to an applicant that meets the statutory requirements or failing to decide on granting an administrative license within the statutory term; (9) Failing to perform its/his supervisory duties or to apply its/his full strength and thus causing any serious consequence; (10) Unlawfully collecting any fees in the name of implementing administrative licensing; (11) Claiming, accepting any other person's properties or seeking any other interests in handling administrative licensing or implementing supervision and administration; or (12) Having any other irregularity or discipline breach and causing any unfavorable impact and consequence. Article 5. Methods of prosecuting misconduct liabilities of administrative licensing are the following: (1) Ordering to make corrections and make a written self-criticism; (2) Circulating a criticism; (3) Removing the person from the post of handling administrative licensing; (4) Giving administrative sanctions; (5) Confiscating and recovering the proceeds as generated from any irregularity, rule-breaking or discipline breach; (6) Transferring anyone as suspected to have constituted a crime to the judicial organ for treatment. The aforesaid prosecution methods may be implemented exclusively or concurrently. Article 6. The misconduct liabilities of administrative licensing are divided into the direct liabilities, the major principal's liabilities and the important principal's liabilities. Article 7. Where a handler of administrative licensing fails to perform his duties or performs in an incorrect way and thus commits any misconduct of administrative licensing, he shall be subject to the direct liabilities; where an examiner or approver shall but fails to find out a problem or fails to correct the wrong-doing as found and thus commits any misconduct of administrative licensing, the examiner shall be subject to the major principal's liabilities and the approver shall be subject to the important principal's liabilities. Article 8. Where an examiner refuses to adopt or alters the correct opinion as put forward by a handler and thus misleads an approver to any misconduct of administrative licensing, the examiner shall be subject to the direct liabilities and the approver shall be subject to the major principal's liabilities. Where an examiner makes a direct decision on administrative licensing without any due report to an approver for approval and thus causes any misconduct consequence of administrative licensing, the examiner shall be subject to the direct liabilities. Article 9. Where an approver makes a direct decision on administrative licensing without the handling by a handler and the examination by an examiner and causes any misconduct consequence of administrative licensing, the approver shall be subject to the direct liabilities. Where an approver refuses to adopt or alters the correct opinion as set forth by a handler or examiner after the handling and examination thereby and causes any misconduct consequence of administrative licensing, the approver shall be subject to the direct liabilities. Article 10. Where any misconduct consequence of administrative licensing is caused by an order or interference by a leader, the said leader shall be subject to the direct liabilities. Article 11. Where any misconduct consequence of administrative licensing is caused by a collective deliberation, the decision-maker shall be subject to the major principal's liabilities. Article 12. The term "handler" as mentioned in the present Measures generally refers to the person that handles specific matters of administrative licensing; the term "examiner" generally refers to the person that has the power of examination in the department (office) or section in charge of handling administrative licensing; the term "approver" generally refers to the principal-in-charge that has the power of approval in the department (office) or section in charge of handling administrative licensing. Article 13. For anyone that is subject to the direct liabilities with minor circumstances and comparatively little consequence, he shall be ordered to make corrections or a criticism shall be circulated. Anyone who is subject to the major principal's liabilities or the important principal's liabilities shall be ordered to make a written self-criticism. Article 14. For anyone who is subject to the direct liabilities with serious circumstances, serious damage consequences and comparatively big impacts, he shall be given an administrative sanction of warning or demotion and be advised to remove from his post. Anyone who is subject to the major principal's liabilities shall be given an administrative sanction of serious offence; anyone who is subject to the important principal's liabilities shall be given an administrative sanction of warning. Article 15. Anyone who is subject to the direct liabilities with particularly serious circumstances and particularly serious damage consequences and big impacts shall be given an administrative sanction of removal or dismissal; anyone who is suspected to have constituted a crime shall be transferred to the judicial organ for treatment; anyone who is subject to the major principal's liabilities shall be given an administrative sanction of a demotion or a more severe one; anyone who is subject to the important principal's liabilities shall be given an administrative sanction of serious offence. Article 16. Where anyone who is subject to misconduct liabilities of administrative licensing has any of the following acts, he shall be given a heavier sanction: (1) Having committed two or more misconducts of administrative licensing that shall be investigated for within a year; (2) Intervening or hindering the investigation on his misconduct of administrative licensing; (3) Cracking down or retaliating against any tipster, witness or case handler; (4) Incurring any large loss or bad impact; or (5) Having any other circumstances that shall be subject to a heavier or aggravated sanction according to law. Article 17. Where anyone who is subject to misconduct liabilities of administrative licensing is under any of the following circumstances, he shall be given a lighter or mitigated sanction or shall be exempted from any sanction: (1) Taking initiative to examine his misconduct of administrative licensing and correct it in a timely manner or positively coordinating with the organ in the investigation or taking initiative to state the real situations of his discipline breach or irregularity and provide the relevant evidence; (2) Taking initiative to take measures to mitigate or avoid losses or eliminate any unfavorable impact in a timely manner; (3) Tipping off or exposing any discipline breach or irregularity of any other person, which turns out to be true; or (4) Having any other circumstances that shall be subject to a lighter or mitigated sanction according to law. Article 18. The prosecution of misconduct liabilities of administrative licensing shall be handled according to the relevant provisions on the power limit of personnel administration of cadres and the power limit of examination and approval of political and disciplinary treatment. Article 19. Any case of prosecution of misconduct liabilities of administrative licensing shall be handled according to the relevant provisions on case-handling work. |
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