Меры по внедрению национальной системы отчётности и оценки административного контроля в сфере печати и воспроизводства продукции

Article 1 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, for the purposes of implementing the responsibility for administrative law enforcement in printing and reproduction, strengthening routine 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.

Article 2 For the purposes of these Measures, "administrative law enforcement in printing and reproduction" means the administrative acts of supervision and inspection and the imposition of administrative penalties carried out by 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 respect of printing or reproduction business activities.

Article 3 The General Administration of Press and Publication shall be responsible for guiding administrative law enforcement in printing and reproduction throughout the country, and shall establish and implement 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 of each province, autonomous region, and municipality directly under the Central Government, as well as the comprehensive administrative law enforcement departments for the cultural market, are responsible for submitting to the General Administration of Press and Publication reports on the administrative law enforcement in printing and reproduction within their respective administrative regions, and that the General Administration of Press and Publication is responsible for evaluating the conduct of administrative law enforcement in printing and reproduction in each locality.

Among these, the press and publication administrative departments of each province, autonomous region, and municipality directly under the Central Government, as well as the comprehensive administrative law enforcement departments for the cultural market, shall compile and submit a consolidated report on routine administrative inspections and the imposition of administrative penalties in printing and reproduction once every two months; for major printing and reproduction cases, they shall submit the basic information within two working days after the case is filed.

Article 5 When submitting reports on routine administrative inspections and the imposition of administrative penalties in printing and reproduction, the press and publication administrative departments of each province, autonomous region, and municipality directly under the Central Government, as well as the comprehensive administrative law enforcement departments for the cultural market, shall, in accordance with their respective duties, check against all items in the Summary Table of Administrative Inspection and Administrative Penalty Work in Printing and Reproduction (see Appendix 1), carefully verify and summarize the number of inspection personnel, inspection methods, inspection content, and administrative handling and administrative penalty situations, clearly fill in the relevant data, and submit the summary table for the preceding two months within the working days at the beginning of each odd-numbered month.

Among these, for items that fall within the scope of their own duties, if there is no data, zero shall be filled in; items that do not fall within the scope of their own duties need not be filled in.

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

For the purposes of these Measures, major printing and reproduction cases mean cases that cause serious harm to the state and society, involve serious circumstances of illegal business operations, involve huge illegal business turnover, or involve a relatively large number of regions or enterprises. A case constitutes a major printing and reproduction case if it has any of the following circumstances:

(1) cases assigned for investigation and handling upon the written instructions of leading officials of the CPC Central Committee, the State Council, and other relevant bodies;

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

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

(4) cases involving illegal business turnover of 30,000 yuan or more;

(5) cases involving three or more provinces or five or more printing or reproduction enterprises;

(6) cases in which law enforcement is obstructed by violence or coercion, resulting in injury or death of law enforcement personnel or otherwise causing adverse 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 in printing and reproduction by the press and publication administrative departments of each province, autonomous region, and municipality directly under the Central Government, as well as the comprehensive administrative law enforcement departments for the cultural market, and shall be responsible for coordinating with the relevant departments to supervise the handling of key major printing and reproduction cases.

Article 8 On the basis of the reports submitted by the press and publication administrative departments of each province, autonomous region, and municipality directly under the Central Government, as well as the comprehensive administrative law enforcement departments for the cultural market, regarding administrative inspections and the imposition of administrative penalties in printing and reproduction, and on the basis of verification and supervision, the General Administration of Press and Publication shall evaluate the administrative law enforcement work in printing and reproduction in each locality.

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

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

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

(3) the situation of the law enforcement teams for printing and reproduction, including the staffing, funding arrangements, and training and assessment of the law enforcement teams;

(4) information on the market order of printing and reproduction, including the market order in key regions and the situation of publication printing and read-only optical disc reproduction;

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

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

Self-assessment by each locality means that the administrative departments of press and publication of each province, autonomous region and municipality directly under the Central Government, as well as the administrative comprehensive law enforcement departments for the cultural market, submit a summary and evaluation report on the basis of their summary of the year's administrative law enforcement work in printing and reproduction.

Examination and verification means that the General Administration of Press and Publication reviews the summary and evaluation reports submitted by the administrative departments of press and publication of each province, autonomous region and municipality directly under the Central Government, as well as by the administrative comprehensive law enforcement departments for the cultural market, and, taking into account the opinions of associations and other industry organizations, conducts verification and determines the evaluation results.

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

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

Where the "Summary Table of Administrative Inspection and Administrative Penalty Work in Printing and Reproduction", the "Report Table of Major Cases in Printing and Reproduction" and the summary and evaluation report of the year's administrative law enforcement work in 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 in printing and reproduction shall be conducted once a year, and the evaluation results shall in principle be published before the end of the year. The evaluation results shall also be copied to the people's governments and the publicity departments of the Party committees of each province, autonomous region and municipality directly under the Central Government.

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

Article 14 Where there is serious falsification or major disciplinary violations in the implementation of the system of reporting and evaluating administrative law enforcement in printing and reproduction, criticism shall be circulated in a notice 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.

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-362023.html