四川省大型水库地震监测管理规定
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四川省大型水库地震监测管理规定
四川省大型水库地震监测管理规定
四川省人民政府令
第187号
《四川省大型水库地震监测管理规定》已经2004年12月27日四川省人民政府第53次常务会议通过,现予发布,自2005年3月1日起施行。
省长:张中伟
二○○五年一月七日
四川省大型水库地震监测管理规定
第一条 为了加强对大型水库地震监测活动的管理,提高地震监测能力,根据《中华人民共和国防震减灾法》、国务院《地震监测管理条例》的有关规定,结合四川省实际,制定本规定。
第二条 本规定适用于四川省行政区域内大型水库专用地震监测台网和强震动监测设施的建设和管理。
第三条 本规定所称水库地震监测, 是指对水库及其周围地区的地震活动进行强化监测,对水库水工建筑物的结构在地震影响下的受力及其反应情况进行监测。
第四条 省、市(州)、县(市、区)人民政府负责地震工作的部门或者机构(以下简称地震工作主管部门)负责本行政区域内大型水库地震监测工作的监督管理和指导工作。
县级以上人民政府其他有关部门协助地震工作主管部门做好相关工作。
第五条 下列新建的大型水库应当在预可研阶段进行专门的水库诱发地震评价和地震安全性评价,并报省地震工作主管部门确认是否需要建设专用地震监测台网:
(一)坝高100米以上, 库容5亿立方米以上,且可能诱发5级以上地震的水库;
(二)坝高80米以上, 库容1亿立方米以上,且位于地震基本烈度Ⅷ度以上的水库;
(三)坝高80米以上, 库容1亿立方米以上,距库区水体边缘5千米范围内有活动断层通过,可能构成6级以上潜在震源的水库;
(四)对县城以上重要城镇、省道以上交通干线、重要军事设施、大型工矿区安全有潜在危险的大型水库。
依照前款规定经省地震工作主管部门确认需要建设的专用地震监测台网,应当在库区蓄水前一年建成并开展地震监测工作。
第六条 位于地震基本烈度Ⅵ度以上区域的新建水库,按甲、乙类设防的水工建筑物设计烈度为Ⅷ度或者IX度时,应当设置强震动监测设施。
第七条 水库专用地震监测台网和水库水工建筑物强震动监测设施由专业设计单位设计,并应当按照国务院地震工作主管部门的规定,采用符合国家标准、行业标准或者有关地震监测技术要求的设备和软件,保证建设质量。
上款规定的设计方案,应当报省地震工作主管部门备案。地震工作主管部门应当对其设计、建设工作进行指导。
水库专用地震监测台网和水库水工建筑物强震动监测设施的设计、建设、监理应当依法实行招投标。
第八条 建设单位对水库专用地震监测台网和建成的强震动监测设施,应当组织验收。验收合格后方可投入运行。
第九条 水库专用地震监测台网和水库水工建筑物强震动监测设施的建设资金和运行经费,由建设单位承担。
第十条 水库专用地震监测台网和水库水工建筑物强震动监测设施由建设单位管理,建设单位也可以将其委托给专业技术机构管理。
水库专用地震监测台网和水库水工建筑物强震动监测设施的管理单位,应当将地震监测信息及时报送省地震工作主管部门。
第十一条 水库水工建筑物强震动监测设施应当始终保持正常运行。水库专用地震监测台网的运行应至少持续至水库水位达到设计正常蓄水位之后5年;届时仍有诱发地震可能的,应当继续保持运行。
专用地震监测台网中止或者终止运行的,应当报省地震工作主管部门备案。
第十二条 有下列行为之一的,由县级以上地震工作主管部门责令限期改正和采取补救措施;逾期不改正、不采取补救措施的,处3万元罚款,并可由地震工作主管部门指派人员采取补救措施,费用由违法者承担:
(一)未按照本规定和国家有关标准建设水库专用地震监测台网和水库水工建筑物强震动监测设施的;
(二)未采用符合国家标准、行业标准或者有关地震监测技术要求的设备和软件的;
(三)擅自中止或者终止水库专用地震监测台网和水库水工建筑物强震动监测设施运行的;
(四)水库专用地震监测台网和水库水工建筑物强震动监测设施未经验收或者验收不合格即投入运行的。
第十三条 违反本规定,水库专用地震监测台网和水库水工建筑物强震动监测设施的设计、建设和监理未依法进行招投标的,依照《中华人民共和国招标投标法》等有关法律、法规规定处理。
第十四条 负责设计、建设、监理、验收、评价工作的有关人员违反国家有关规定,造成水库专用地震监测台网和水库水工建筑物强震动监测设施无法正常运行的,依法追究法律责任。
第十五条 本规定自2005年3月1日起施行。
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PUBLIC FINANCE ORDINANCE ——附加英文版
PUBLIC FINANCE ORDINANCE
(CHAPTER 2)
ARRANGEMENT OF SECTIONS
ion
I PRELIMINARY
hort title
nterpretation
he general revenue
harges on the general revenue
II THE ESTIMATES OF REVENUE AND EXPENDITURE, AND
APPROPRIATION
nnual estimates
pproval of estimates of expenditure and appropriation
uthorization of expenditure in advance of appropriation
hanges to the approved estimates of expenditure
upplementary Appropriation
III CONTROL AND MANAGEMENT
General powers and duties of the Financial Secretary
Power to make regulations and give directions, etc.
Controlling officers.
Controlling officers to obey regulations and directions, etc.
Authority of controlling officers to incur expenditure
Further authority of controlling officers in respect of urgent
nditure
IV RECEIPT, PAYMENT AND CUSTODY OF PUBLIC MONEYS
Duties of Director of Accounting Services
Prompt collection of moneys
Payment of public moneys
Payment of certain moneys to be authorized by warrant
Recoverable advances
Advances to meet urgent need for payment
Imprests
Deposits
Donations and grants
Banking
Investment of moneys
Borrowing powers and loans
Guarantees
Establishment of funds
Special suspense accounts
Appropriations and warrants to lapse at close of financial year
V SURCHARGE
Power to surcharge
Notification of surcharge and right of appeal
Appeal against surcharge
Withdrawal of surcharge
Collection of surcharge
Surcharge in respect of deceased persons
VI MISCELLANEOUS
Abandonment of claims, etc. and write-off of public moneys and
stores
Disposal of serviceable stores, etc.
Power of Governor to give directions
Director of Accounting Services may give certain directions, etc.
to
ic officers in receipt of certain moneys
Trusts
Transitional
Effect of dissolution of Legislative Council
t Schedule. Funds
nd Schedule. Special Suspense Accounts
Whole document
rovide for the control and management of the public finances of
Hong
and for incidental and connected purposes.
pril 1983] L. N. 109 of 1983
PART I PRELIMINARY
hort title
Ordinance may be cited as the Public Finance Ordinance.
nterpretation
his Ordinance, unless the context otherwise requires--
ropriation Bill" and "Appropriation Ordinance" means a
Bill or
nance, as the case may be, which provides for appropriation from
the
ral revenue in respect of the approved estimates of expenditure
on the
ices of the Government for a financial year;
roved estimates of expenditure" means the estimates of
expenditure
ed to be approved under section 6;
trolling officer" in relation to a head or subhead means the
officer
gnated as controlling officer of that head or subhead under
section
ector of Audit" means the Director of Audit appointed under
section 3
he Audit Ordinance (Cap. 122);
ctment" includes an imperial enactment;
enditure" includes expenditure on the services of the
Government
ired to be met under any enactment;
ance Committee" means the Finance Committee of the Legislative
Council
blished under the Standing Orders of the Legislative Council;
eral revenue" means moneys which under this Ordinance or any
other
tment are to be paid into or to form part of the general revenue;
d" means a head of expenditure;
lic moneys" means--
the general revenue;
any moneys which are accounted for in the books or records of
account
he Director of Accounting Services; and (Replaced 11 of 1990 s.
2)
any other moneys which the Governor may declare in writing
to be
ic moneys for the purposes of this Ordinance;
head" means a subhead of expenditure;
plementary Appropriation Bill" and "Supplementary
Appropriation
nance" means a Bill or Ordinance, as the case may be, which
provides
appropriation from the general revenue in supplementation
of the
opriation already made by an Appropriation Ordinance.
he general revenue
Except where otherwise provided by or under this Ordinance
or any
r enactment any moneys raised or received for the purposes
of the
rnment shall form part of the general revenue.
Any refund or drawback may be made from the general
revenue in
rdance with regulations made under section 11. (Replaced 8 of 1984
s.
For the avoidance of doubt it is hereby declared that the
reference in
ection (1) to moneys raised or received for the purposes
of the
rnment does not include moneys held on trust.
harges on the general revenue
xpenditure shall be charged on the general revenue except as
provided
r under this Ordinance or any other enactment.
PART II THE ESTIMATES OF REVENUE AND EXPENDITURE, AND APPROPRIA-
TION
nnual estimates
The Financial Secretary shall cause to be prepared in each
financial
estimates of the revenue and expenditure of the Government for
the
following financial year, and shall cause such estimates to be
laid
re the Legislative Council before or as soon as practicable after
the
encement of the financial year to which they relate.
Subject to subsection (3), the estimates of revenue and
expenditure
l be in such form as the Financial Secretary may from time to
time
ct.
The estimates of expenditure shall--
classify expenditure under heads and subheads with the ambit of
each
described;
in respect of each head show the estimated total
expenditure, the
ision sought in respect of each subhead, the establishment of
posts
any), and the limit (if any) to the commitments which may be
entered
in respect of expenditure which is not annually recurrent; and
specify the controlling officer designated in respect of each
head and
ead under section 12.
Where there is a requirement under any enactment that
expenditure be
from the general revenue, provision for such expenditure
shall be
uded in the estimates of expenditure for the purposes of this
Part,
without prejudice to the validity or effect of any such
requirement.
pproval of estimates of expenditure and appropriation
The heads contained in the estimates of expenditure for a
financial
shall be included in an Appropriation Bill which shall be
introduced
the Legislative Council at the same time as the estimates.
Upon the enactment of the Appropriation Ordinance the
estimates of
nditure for the financial year to which the Ordinance relates
shall be
ed to be approved to the extent that they are provided for in
the
nance and shall have effect from the first day of such financial
year.
Expenditure for the financial year on the services of the
Government
l, subject to this Ordinance, be arranged in accordance with the
heads
subheads and be limited by the provision in each subhead shown
in the
mates of expenditure as approved or as may subsequently be
changed
time to time in accordance with section 8.
uthorization of expenditure in advance of appropriation
The Legislative Council may, in advance of an Appropriation
Ordinance,
esolution authorize expenditure for the services of the
Government in
ect of a financial year to be charged on the general
revenue, in
rdance with this Ordinance and subject to such
limitations and
itions as may be specified in the resolution.
Expenditure charged on the general revenue pursuant to a
resolution
r this section shall be arranged in accordance with the
heads and
eads shown in the estimates of expenditure laid under section
5 and
provisions of this Ordinance shall, for the purposes
of this
ection and subject to such conditions and limitations as
may be
ified in the resolution, apply to such estimates as though they
were
approved estimates of expenditure.
Expenditure charged on the general revenue pursuant to a
resolution
r this section shall be set off against the amounts
respectively
ided in the Appropriation Ordinance upon the same
coming into
ation.
hanges to the approved estimates of expenditure
Subject to this section, no changes shall be made to the
approved
mates of expenditure except with the approval of the Finance
Committee
a proposal of the Financial Secretary.
Without limiting the generality of subsection (1) such
changes may
ide for all or any of the following matters--
the creation of new heads or subheads;
supplementary provision in approved or new subheads;
variations in the establishments of posts;
increases in the limit to the commitments which may be entered
into in
ect of expenditure which is not annually recurrent.
The Finance Committee may delegate to the Financial
Secretary the
r to approve changes subject to such conditions,
exceptions and
tations as are specified in the delegation.
The Financial Secretary, where a delegation by the Finance
Committee
r subsection (3) so provides, and subject to such
conditions,
ptions and limitations as are specified in the delegation, may
further
gate his power to approve changes to any public officer.
A delegation to any public officer under subsection (4)
shall be
ect to such further conditions, exceptions and limitations
as the
ncial Secretary may specify.
Nothing in subsection (1) shall be construed as
limiting or
cting--
the power of the Governor to make any proposal, or allow or direct
any
osal to be made, to the Legislative Council, the object or effect
of
h is to require a change to the approved estimates of expenditure;
or
a requirement under any enactment that expenditure be met
from the
ral revenue.
The Financial Secretary shall cause such changes to be made
to the
oved estimates of expenditure as are necessary in respect of any--
approval given under subsection (1), (3) or (4);
expenditure pursuant to a proposal referred to in subsection (6)
(a);
requirement referred to in subsection (6) (b) not otherwise
provided
by approval under this section.
The Financial Secretary shall at the end of each quarter
of the
ncial year or as soon as practicable thereafter--
report to the Finance Committee changes made to the approved
estimates
xpenditure in that quarter upon approval by him or by any
public
cer pursuant to a delegation under section (3) or (4), as the case
may
and
table in the Legislative Council a summary of all changes made
to the
oved estimates of expenditure in that quarter under this section.
Without prejudice to section 9, expenditure in respect of
which a
ge to the approved estimates is made under this section
shall be
ged on the general revenue notwithstanding that there has
been no
opriation in respect thereof by an Appropriation Ordinance.
upplementary Appropriation
t the close of account for any financial year it is
found that
nditure charged to any head is in excess of the sum appropriated
for
head by an Appropriation Ordinance, the excess shall be included
in a
lementary Appropriation Bill which shall be introduced
into the
slative Council as soon as practicable after the close
of the
ncial year to which the excess expenditure relates.
PART III CONTROL AND MANAGEMENT
General powers and duties of the Financial Secretary
Financial Secretary shall, subject to this Ordinance and any
other
tment, have the management of the finances of the Government and
the
rvision, control and direction of all matters relating
to the
ncial affairs of the Government.
Power to make regulations and give directions, etc.
Without prejudice to any other provision of this
Ordinance, the
ncial Secretary may make such administrative regulations and give
such
nistrative directions and instructions not inconsistent
with this
nance as may appear to him to be necessary or expedient for the
better
ying out of the provisions and purposes of this Ordinance and for
the
ty, economy and advantage of public moneys and Government
property.
Any regulations made or directions and instructions given
by the
rnor or by any person authorized by him, for purposes similar to
those
espect of which regulations, directions and instructions may be
made
iven under subsection (1), and which are in force at the
commencement
his Ordinance, shall, in so far as they are not inconsistent with
this
nance, remain in force and shall be deemed for all purposes to
have
made or given under this section and to be liable to revocation
or
dment hereunder.
Controlling officers
Estimates of expenditure laid before the Legislative Council
shall
gnate a controlling officer in respect of each head and subhead.
Subject to section 14 (5), a controlling officer shall be
responsible
accountable for all expenditure from any head or subhead for which
he
he controlling officer, and for all public moneys and
Government
erty in respect of the department or service for
which he is
onsible.
Controlling officers to obey regulations and directions, etc.
y controlling officer shall obey all regulations made and
directions
nstructions given by the Financial Secretary under section
11 and
l, if so required, account to the Financial Secretary
for the
ormance of his duties as controlling officer.
Authority of controlling officers to incur expenditure
Subject to any regulations made or directions or instructions
given by
Financial Secretary under section 11 and to any reservation
made by
Financial Secretary under subsection (3), a controlling officer
may,
accordance with this Ordinance, incur expenditure and
authorize
nditure to be incurred against any provision shown in any subhead
for
h he is the controlling officer.
No expenditure shall be incurred against any provision shown
in any
ead except by or under the authority of the controlling officer.
The Financial Secretary may, in writing, reserve the whole or any
part
ny provision shown in any subhead and for so long as such
reservation
ins in force no expenditure shall be incurred against the
provision
rved.
A controlling officer may, in respect of any subhead for which
he is
controlling officer, by allocation warrant signed by him or
by a
ic officer authorized generally or specially by him,
authorize any
r controlling officer to incur expenditure or authorize
expenditure to
ncurred against any provision shown in that subhead--(Added 8 of
1984
)
for any purpose within the ambit of that subhead; and
in accordance with the terms of the allocation warrant.
The controlling officer to whom an allocation warrant is issued
under
ection (4) shall be responsible and accountable for any
expenditure
rred under the warrant as if he were the controlling
officer
gnated in respect thereof under section 12.
Further authority of controlling officers in respect
of urgent
nditure
where an urgent need has arisen for expenditure to be incurred
which--
requires a change to the approved estimates of expenditure in
respect
atters referred to in section 8 (2) (b) or (d); and
in the opinion of a controlling officer cannot be deferred until
the
ssary change is made in accordance with section 8 without
serious
iment to the public interest, the controlling officer may,
on his
onal responsibility, incur the expenditure in anticipation
of such
ge.
As soon as practicable after incurring expenditure under
subsection
the controlling officer shall report the matter to the
Financial
etary for the purpose of having the necessary change made
to the
oved estimates of expenditure.
Where the necessary change to the approved estimates of
expenditure is
made in accordance with section 8, the expenditure incurred shall
not
charged on the general revenue but shall remain the
personal
onsibility of the controlling officer who incurred the
expenditure.
PART IV RECEIPT, PAYMENT AND CUSTODY OF PUBLIC MONEYS
Duties of Director of Accounting Services
The Director of Accounting Services shall be responsible
for the
ilation and supervision of the accounts of the Government,
for the
gement of accounting operations and procedures, and for ensuring
that
regulations directions or instructions made or given
under this
nance relating thereto and in respect of the safe custody of
public
ys and its accounting are complied with.
Without prejudice to the generality of his duties under
subsection (1)
the powers conferred on the Financial Secretary by section
11 the
ctor of Accounting Services shall--
ensure that adequate arrangements are made for bringing
promptly and
erly to account all public moneys received and paid by the
Government;
pay such sums from public moneys as he is authorized to pay under
this
nance or any other enactment;
ensure, in so far as is practicable, that adequate
arrangements are
for the safe custody of public moneys; and
bring to the notice of the Financial Secretary and the
Director of
t, in writing, any material defect in departmental control of
revenue,
nditure, cash, stamps, securities, stores and other
Government
erty which may come to his notice and any persistent
breaches of
lations, directions or instructions made or given
under this
nance.
Subject to the provisions of any enactment, in the exercise
of his
es the Director of Accounting Services shall be entitled to
inspect
offices and shall have access to all records, books,
vouchers
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司法实践中,对于被执行人的财产无法拍卖时,执行法院适用强制以物抵债的情形,司法解释规定较为具体,笔者在此不再赘述。但对于双方当事人经协商达成执行合议以物抵债,由于这种方式现行司法解释对其适用的规定较为原则,执行人员的认识和做法各不相同,影响司法公信。笔者试就在民事执行中双方当事人经协商达成执行合议以物抵债这项执行措施的法律依据、适用条件等方面提出自己的看法。
一、民事执行中当事人经协商达成执行合议以物抵债的法律依据
最高人民法院《关于适用〈中华人民共和国民事诉讼法〉若干问题的意见》(以下简称民诉法适用意见)第三百零一条规定:“经申请执行人和被执行人同意,可以不经拍卖、变卖,直接将被执行人的财产作价交申请执行人抵偿债务,对剩余债务,被执行人应当继续清偿。”《最高人民法院、国土资源部、建设部关于依法规范人民法院执行和国土资源房地产管理部门协助执行若干问题的通知》(法发【2004】5号)第二十六条规定:“经申请执行人和被执行人协商同意,可以不经拍卖、变卖,直接裁定将被执行人以出让方式取得的国有土地使用权及其地上房屋经评估作价后交由申请执行人抵偿债务,但应当依法向国土资源和房地产管理部门办理土地、房屋权属变更、转移登记手续。”以上司法解释是民事执行中当事人经协商达成合议以物抵债的基本法律依据。
严格意义上讲,自愿以物抵债不是法定的强制执行措施,因为我国民事诉讼法规定适用金钱给付的强制执行措施是查询、冻结、划拨、扣留、提取、查封、扣押、冻结、拍卖、变卖等。它是一种双方当事人自行和解的方式,在司法实践中常以这种方式结束执行程序,其中不存在执行法院的强制问题。
二、民事执行中当事人达成执行合议以物抵债的适用条件
执行和解性以物抵债是双方当事人在自愿的基础上,协商一致所达成的协议,然后被执行人交付财产抵偿债务,申请执行人接受财产清偿债务,其在适用方面应遵循执行和解的一般原则。
(一)被执行人确无给付金钱履行义务能力。
以物抵债适用于金钱给付案件的执行,被执行人有现金或存款时,应直接执行现金或存款,这不仅便于执行目的的实现,也符合生效法律文书规定的要求。对被执行人确无给付金钱履行义务能力的审查是当事人达成执行合议以物抵债适用的前提条件。
(二)申请执行人和被执行人须自愿协商一致。
根据民诉法适用意见第三百零一条的规定,当事人之间以物抵债须经双方当事人同意,自愿协商一致。可见,当事人自愿合议是适用和解性以物抵债的基础条件。
(三)以物抵债和解协议必须采取书面形式。
明确注明用以抵债的财产名称、数量、成色、价款等财产信息,可以便于财产的交付和办理过户登记手续。如被执行人不履行或不完全履行以物抵债协议,申请执行人可以申请恢复执行原生效法律文书,进行救济。因此,以物抵债和解协议必须采取书面形式。
(四)用以抵债的财产须双方当事人确定合理的抵债价格。
这里的抵债价格,实际就是双方当事人协议变更执行依据所确定的金钱给付执行标的,用物抵偿债务的价格,也称为双方当事人对抵债物品的折价。在执行和解性以物抵债中,抵债物价格的确定,关系到被执行人金钱债务履行限度和申请执行人债权实现程度,不足以清偿的,对剩余债务,被执行人应当继续清偿。
(五)以物抵债协议不得违法,损害国家、集体以及第三人的合法权益。
以物抵债协议必须合法,在司法实践中必须对双方当事人所达成的以物抵债协议进行严格的审查,确保以物抵债协议的合法性,对抵债物上享有所有权、担保物权、租赁权等合法权益的第三人应予以保护。