Notice on the Implementation Measures for Administrative Law Enforcement Reports on Printing and Reproduction

Xinchu Zhengfa [2011] No. 1

To the press and publication bureaus of all provinces, autonomous regions and municipalities directly under the Central Government, the Press and Publication Bureau of the Xinjiang Production and Construction Corps, the Press and Publication Bureau of the Propaganda Department of the General Political Department of the People's Liberation Army, and the cultural market administrative law enforcement general teams of Beijing, Tianjin, Shanghai, Chongqing and the Ningxia Hui Autonomous Region:

In order to earnestly implement the spirit of the national teleconference on intellectual property protection and law enforcement and of the Notice of the General Office of the State Council on Printing and Distributing the Action Plan for Combating Infringement of Intellectual Property Rights and the Production and Sale of Counterfeit and Shoddy Goods (Guo Ban Fa [2010] No. 50), to fully and promptly keep abreast of the work of all localities in carrying out administrative law enforcement in printing and reproduction and in investigating and handling illegal printing and reproduction cases, to further fulfill administrative law enforcement duties in printing and reproduction, to standardize administrative law enforcement conduct in printing and reproduction, to improve the effectiveness of administrative law enforcement supervision in printing and reproduction, to improve the long-term management mechanism of the printing and reproduction industry, and to create a healthy and orderly development environment for building China into a strong country in printing and reproduction, the General Administration of Press and Publication has decided, in accordance with the relevant provisions of the Regulations on the Administration of the Printing Industry, the Regulations on the Administration of Audio-Visual Products and the Measures for the Administration of Reproduction, to establish and implement a reporting and evaluation system for administrative law enforcement in printing and reproduction throughout the country. The Measures for the Implementation of the National Printing and Reproduction Administrative Law Enforcement Reporting and Evaluation System are hereby issued, and all localities are requested to implement them conscientiously.

Should any circumstances or problems arise in establishing and implementing the reporting and evaluation system for administrative law enforcement in printing and reproduction, please contact the Department of Printing and Distribution Management of the General Administration of Press and Publication in a timely manner.

Attachment: Measures for the Implementation of the National Printing and Reproduction Administrative Law Enforcement Reporting and Evaluation System

www.gapp.gov.cn/cms/cms/u ... 557327357558178.doc

Measures for the Implementation of the National Printing and Reproduction Administrative Law Enforcement Reporting and Evaluation System

Article 1 With a view to fulfilling the responsibility for administrative law enforcement in printing and reproduction, strengthening day-to-day law enforcement supervision over the printing and reproduction industry, establishing and improving a long-term management mechanism and building China into a strong country in printing and reproduction, these Measures are formulated in accordance with the relevant provisions of the Regulations on the Administration of the Printing Industry, the Regulations on the Administration of Audio-Visual Products and the Measures for the Administration of Reproduction.

Article 2 For the purposes of these Measures, "administrative law enforcement in printing and reproduction" means the administrative acts of the press and publication administrative departments and the comprehensive administrative law enforcement departments for the cultural market at all levels, within the scope of their duties, in supervising and inspecting printing or reproduction business activities and imposing administrative penalties.

Article 3 The General Administration of Press and Publication is responsible for guiding administrative law enforcement work in printing and reproduction throughout the country and for establishing and implementing a nationwide reporting and evaluation system for administrative law enforcement in printing and reproduction.

Article 4 The reporting and evaluation system for administrative law enforcement in printing and reproduction means that the press and publication administrative departments and the comprehensive administrative law enforcement departments for the cultural market of all provinces, autonomous regions and municipalities directly under the Central Government are responsible for submitting to the General Administration of Press and Publication information on administrative law enforcement work in printing and reproduction within their respective administrative areas, and that the General Administration of Press and Publication is responsible for evaluating the conduct of administrative law enforcement work in printing and reproduction in all localities.

Under this system, the press and publication administrative departments and the comprehensive administrative law enforcement departments for the cultural market of all provinces, autonomous regions and municipalities directly under the Central Government shall compile and submit a report on routine administrative inspections and administrative penalties in printing and reproduction once every two months; for major printing and reproduction cases, they shall report the basic information within two working days after the case is filed.

Article 5 When submitting information on routine administrative inspections and administrative penalties in printing and reproduction, the press and publication administrative departments and the comprehensive administrative law enforcement departments for the cultural market of all provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with their respective duties, check against all the items in the Summary Table of Administrative Inspections and Administrative Penalties in Printing and Reproduction (see Appendix 1), carefully verify and compile the number of inspectors, inspection methods, inspection contents, administrative handling and administrative penalties, and clearly fill in the relevant data, and shall submit the summary table for the previous two months on the first working day of each odd-numbered month.

Where items falling within the scope of one's own duties have no data, zero shall be filled in; items outside the scope of one's own duties need not be filled in.

Article 6 When reporting major printing and reproduction cases, the press and publication administrative departments and the comprehensive administrative law enforcement departments for the cultural market of all provinces, autonomous regions and municipalities directly under the Central Government shall fill in the Report Form for Major Printing and Reproduction Cases (see Appendix 2), and shall submit the form within two working days after the case is filed.

For the purposes of these Measures, "major printing and reproduction cases" means cases that cause serious harm to the state and society, involve serious circumstances of illegal business operations, involve huge amounts of illegal business turnover, or involve a relatively large number of regions or enterprises. Any of the following circumstances constitutes a major printing and reproduction case:

(1) Cases that leading comrades of the CPC Central Committee, the State Council and other relevant authorities have instructed to be investigated and handled;

(2) Cases that violate Article 3 of the Regulations on the Administration of the Printing Industry and Article 3 of the Regulations on the Administration of Audio-Visual Products, and that may cause serious social impact or seriously harm national interests;

(3) Cases in which the printing and reproduction business license may be revoked in accordance with the law;

(4) Cases involving illegal business revenue of 30,000 yuan or more;

(5) Cases involving three or more provinces, autonomous regions or municipalities directly under the Central Government, or five or more printing and reproduction enterprises;

(6) Cases in which law enforcement is obstructed by means of violence or coercion, resulting in casualties among law enforcement personnel or other severe social impact;

(7) Other cases that seriously disrupt the order of administration of the printing and reproduction market.

Article 7 The General Administration of Press and Publication shall track and guide the administrative inspection and administrative penalty work carried out by the press and publication administrative departments and the comprehensive cultural market administrative law enforcement departments of provinces, autonomous regions and municipalities directly under the Central Government, and shall be responsible for coordinating with relevant departments in supervising and handling major cases in key printing and reproduction matters.

Article 8 Based on the information on administrative inspection and administrative penalty enforcement reported by the press and publication administrative departments and the comprehensive cultural market administrative law enforcement departments of provinces, autonomous regions and municipalities directly under the Central Government, the General Administration of Press and Publication shall, on the basis of verification and supervision, evaluate the administrative law enforcement work on printing and reproduction in each locality.

Article 9 The evaluation of administrative law enforcement work on printing and reproduction shall follow the principles of fairness, transparency and effectiveness, and its main contents include:

(1) The supervision and inspection of printing and reproduction, including the frequency, methods, content and focus of inspections;

(2) The administrative penalties for printing and reproduction, including the number of penalized cases and the circumstances of fines, suspension of business for rectification, and revocation of licenses;

(3) The law enforcement teams for printing and reproduction, including staffing, funding in place, training and assessment;

(4) The market order of printing and reproduction, including market order in key areas as well as the circumstances of publication printing and read-only optical disc reproduction;

(5) The law enforcement reports on printing and reproduction, including the "Summary Table of Administrative Inspection and Administrative Penalty Work on Printing and Reproduction", the "Report Form for Major Cases in Printing and Reproduction" and other feedback on law enforcement.

Article 10 The evaluation of administrative law enforcement work on printing and reproduction shall be carried out in three steps: self-evaluation by each locality, inspection and verification, and public announcement.

Self-evaluation by each locality means that the press and publication administrative departments and the comprehensive cultural market administrative law enforcement departments of provinces, autonomous regions and municipalities directly under the Central Government submit a summary evaluation report on the basis of their summary of the year's administrative law enforcement work on printing and reproduction. Inspection and verification means that the General Administration of Press and Publication reviews the summary evaluation reports submitted by the press and publication administrative departments and the comprehensive cultural market administrative law enforcement departments of provinces, autonomous regions and municipalities directly under the Central Government, takes into comprehensive account the opinions of associations and other industry organizations, and determines the evaluation results.

Public announcement means that the General Administration of Press and Publication makes public the evaluation results of the administrative law enforcement work on printing and reproduction after a 7-working-day public notice period.

Article 11 The evaluation results of administrative law enforcement work on printing and reproduction are classified into three categories: [ ], qualified and unqualified.

Where the "Summary Table of Administrative Inspection and Administrative Penalty Work on Printing and Reproduction", the "Report Form for Major Cases in Printing and Reproduction" and the summary evaluation report on the year's administrative law enforcement work on printing and reproduction are not submitted as required by these Measures, the evaluation result shall be unqualified.

Article 12 The evaluation of administrative law enforcement work on printing and reproduction shall be conducted once a year, and the evaluation results shall in principle be published before the end of the current year. The evaluation results shall also be copied to the people's governments and the publicity departments of the Party committees of the provinces, autonomous regions and municipalities directly under the Central Government.

Article 13 The General Administration of Press and Publication shall commend the units determined as [ ] in the evaluation of administrative law enforcement work on printing and reproduction, as well as other units and individuals with outstanding achievements in administrative law enforcement work on printing and reproduction.

Article 14 Where there is serious falsification or any major disciplinary violation in the implementation of the reporting and evaluation system for administrative law enforcement on printing and reproduction, a notice of criticism shall be given, and the evaluation result shall be unqualified.

Article 15 These Measures shall be interpreted by the General Administration of Press and Publication.

Article 16 These Measures shall come into force as of the date of promulgation.

Appendix 1_Summary Table of Inspection and Administrative Penalty Work on Printing and Reproduction

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Appendix 2_Report Form for Major Cases in Printing and Reproduction

General Administration of Press and Publication

January 11, 2011

— This article is reposted from China Packaging Network (pack.cn). Original link: http://news.pack.cn/show-362143.html