The district and county cultural administrative departments shall be responsible for the comprehensive administrative law enforcement of the cultural market within their respective administrative areas in accordance with laws, regulations, rules and these measures.
Public security, industry and commerce administration, communication management, urban management and other administrative departments shall, in accordance with their respective responsibilities, do a good job in law enforcement related to the cultural market. Article 3 The municipal cultural market comprehensive administrative law enforcement department and the district/county cultural administrative department (hereinafter referred to as the cultural market comprehensive administrative law enforcement department) shall exercise the following administrative punishment rights:
(a) the right of administrative punishment in the fields of cultural administration, such as entertainment places, commercial performances, Internet service places, Internet culture, online games, etc.;
(two) the right of administrative punishment in the field of press and publication (copyright) administration, such as copyright, publishing, printing, audio-visual products and Internet publishing;
(3) The power of administrative punishment in the field of radio, film and television administration, such as movies, radio and television, Internet audio-visual programs and satellite ground receiving facilities;
(four) the right of administrative punishment in the field of illegal purchase and sale of cultural relics and other administrative fields of cultural relics;
(five) other administrative punishment rights decided by the Municipal People's government to be exercised by the comprehensive law enforcement department of the cultural market. Article 4 The comprehensive administrative law enforcement department of the municipal cultural market shall be responsible for the administrative penalties that should be imposed by the department according to law, the administrative penalties that have caused or may cause significant social impact, and other administrative penalties that should be imposed by the department.
The comprehensive law enforcement department of the cultural market shall, in accordance with the provisions of laws, regulations and rules, rationally divide the scope of responsibilities of cities, districts and counties according to the principle of shifting the focus of management, clarify the administrative penalties that they are responsible for, and announce them to the public. Article 5 The determination and adjustment of the terms of reference of the comprehensive law enforcement department of the cultural market shall be decided by the Municipal People's Government according to the needs of the management of the cultural market and following the principles of simplification, unification, consistency of efficiency and power and responsibility. Determine the functions and powers exercised by the comprehensive administrative law enforcement department of the municipal cultural market, and the original functional departments such as municipal culture, radio, film and television, press and publication (copyright) and cultural relics will no longer exercise them.
The municipal administrative departments of culture, radio, film and television, press and publication (copyright) and cultural relics shall do a good job in the management of the cultural market in accordance with relevant laws, regulations, rules and these Measures. Article 6 When exercising the power of administrative punishment, the comprehensive law enforcement department of the cultural market may implement administrative compulsory measures related to the power of administrative punishment as stipulated by laws and regulations. Article 7 Where a citizen, legal person or other organization violates the regulations on the administration of the cultural market and should be given administrative punishment by the comprehensive law enforcement department of the cultural market according to its authority, it shall be under the jurisdiction of the district or county cultural administrative department where the illegal act occurred. If two or more district and county cultural administrative departments have jurisdiction, they shall be punished by the district and county cultural administrative department that first discovered the illegal act; Jurisdiction over disputes shall be designated by the comprehensive administrative law enforcement department of the municipal cultural market. Eighth cultural market comprehensive law enforcement departments and their law enforcement personnel should adhere to fair and civilized law enforcement, adhere to the combination of punishment and education, and educate citizens, legal persons or other organizations to consciously abide by the law.
The administrative punishment decision made by the comprehensive law enforcement department of the cultural market should be based on facts, which is equivalent to the facts, nature, circumstances and social harm of the illegal act. If the illegal act is minor and the party concerned corrects it in time without causing harmful consequences, no administrative punishment shall be imposed. Article 9 The comprehensive law enforcement department of the cultural market shall establish and improve the systems of law enforcement personnel training and qualification management, law enforcement standards and norms, legal argumentation on major issues, coordination of administrative law enforcement, and case supervision, strengthen legal publicity and education, and implement the responsibility system for administrative law enforcement.
The city has established an administrative law enforcement and supervision information system for the cultural market to dynamically monitor the business activities and management of the cultural market and improve the level of law enforcement and supervision. Tenth cultural market comprehensive administrative law enforcement personnel should be trained in legal knowledge and business knowledge, and pass the administrative law enforcement qualification examination, and obtain the administrative law enforcement certificate issued by the Municipal People's government before they can engage in law enforcement work.
When carrying out supervision and inspection according to law, the comprehensive administrative law enforcement personnel in the cultural market shall wear the comprehensive administrative law enforcement signs in the cultural market and show their law enforcement certificates, and shall not interfere with the normal production and business activities of the parties concerned, and shall not ask for or illegally accept the property of the parties concerned or seek other interests. Eleventh cultural market comprehensive administrative law enforcement personnel to carry out law enforcement inspection, can take the following measures according to law:
(a) to enter the inspected unit or place for investigation and inspection;
(two) to stop and correct the illegal acts that are taking place;
(three) to consult, read, copy, shoot and record relevant evidence materials, and take sampling to collect evidence or register and save relevant evidence in advance;
(four) other measures stipulated by laws, regulations and rules.