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The personnel of government organs and institutions themselves do not have the power of administrative law enforcement, and can only exercise the power of administrative law enforcement when authorized by laws and regulations. The authorization referred to here is for the organization and not for the individual. Of course, the personnel who obtain administrative law enforcement according to the organization must be confirmed by the judicial organs.
Legal basis: Article 17 of the Administrative Punishment Law: Organizations authorized by laws and regulations to have public affairs management functions may impose administrative punishments within the scope of their statutory authorization.
Article 18: In accordance with the provisions of laws, regulations, or rules, administrative organs may, within the scope of their legally-prescribed authority, entrust organizations that meet the requirements of article 19 of this Law to carry out administrative punishments. Administrative organs must not entrust other organizations or individuals to carry out administrative punishments.
Entrusting an administrative organ to carry out an administrative punishment shall be responsible for oversight of the entrusted organization's conduct and bear legal responsibility for the consequences of that conduct.
Within the scope of the entrustment, the entrusted organization is to carry out administrative punishments in the name of the entrusting administrative organ; No other organization or individual must be entrusted to carry out administrative punishments.
Article 19: Entrusted organizations must meet the following requirements:
1) Institution organizations established in accordance with law to manage public affairs;
2) Have staff who are familiar with relevant laws, regulations, rules and operations;
3) Where it is necessary to conduct a technical inspection or appraisal of illegal conduct, there shall be capacity to organize the corresponding technical inspection or appraisal.
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Because it is a person, a group of people can be enforced by law, but now for the safety of law enforcement and group photos, and the type can be followed, including the prevention of the network, it is rare to send a person to enforce the law, so the law enforcement and then talk about a person to enforce the law, must be law enforcement records, voice and law enforcement box notices, etc. In this way, it is good to be alone, that is to go through the corresponding process procedures legally and compliantly.
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It depends. For example, the administrative punishment for tourism clearly stipulates that there shall be no less than two law enforcement personnel, while the administrative punishment for public security clearly stipulates that one police officer can enforce the law.
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No, it is usually done by more than two people.
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Legal Analysis: Law enforcement officers can enforce the law alone. In the Administrative Punishment Law of the People's Republic of China, summary procedures may be carried out by a single person.
Legal basis: Administrative Punishment Law of the People's Republic of China
Article 33: Where the facts of the violation are conclusive and there is a legally-prescribed basis, and an administrative penalty of up to 50 yuan is imposed on a citizen, or a fine of less than 1,000 yuan or a warning is imposed on a legal person or other vertical banking organization, an administrative punishment decision may be made on the spot. Parties shall perform administrative punishment decisions in accordance with the provisions of articles 46, 47, and 48 of this Law.
Article 34: Where law enforcement personnel make an administrative punishment decision on the spot, they shall present their law enforcement identification documents to the parties, and fill out a written administrative punishment decision in a predetermined format and numbered number. The administrative punishment decision shall be delivered to the parties at the scene. The administrative punishment decision document provided for in the preceding paragraph shall clearly indicate the parties' illegal conduct, the basis for the administrative punishment, the amount, time, place, and name of the fine, and shall be signed or sealed by the law enforcement personnel.
Administrative punishment decisions made by law enforcement personnel on the spot must be reported to their subordinates for the record.
Article 35: Where parties are dissatisfied with an administrative punishment decision made on the spot, they may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.
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Legal analysis: In the general procedure, it is stipulated that there shall be no less than two law enforcement personnel, and when an administrative organ investigates or conducts an inspection, there shall be no less than two law enforcement personnel, and shall present their certificates to the parties or relevant persons. Parties or relevant persons shall truthfully inquire and assist in the investigation or inspection, and must not obstruct empty thoughts.
A record shall be made of the questioning or inspection.
Legal basis: Administrative Punishment Law of the People's Republic of China
Article 34: Administrative organs may lawfully draft standards for administrative punishment discretion to standardize the exercise of administrative punishment discretion. The discretionary standards for administrative punishments shall be announced to the public.
Article 35: Where the illegal conduct constitutes a crime, and the people's court sentences short-term detention or fixed-term imprisonment, and the administrative organs have already given the party administrative detention, the corresponding sentence shall be deducted in accordance with law. Where the illegal conduct constitutes a crime, and when the people's court gives a fine, and the administrative organ has already fined the party, the corresponding fine shall be deducted; Where administrative organs have not yet given a fine to the parties, they are no longer to give a fine.
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Legal Analysis: It is not in accordance with the law for a person to enforce the law. For any agency to enforce the law, Suihuai must have more than 2 orange socks, and in the process of law enforcement, there must be more than one person who holds a legal ruling state civil servant.
Legal basis: "Zhongchai Wu Youhua People's Republic Administrative Punishment Law" Article 42: Administrative punishments shall be carried out by law enforcement personnel with administrative law enforcement qualifications. There must not be less than two law enforcement personnel, except as otherwise provided by law.
Law enforcement personnel shall enforce the law in a civilized manner, respecting and protecting the lawful rights and interests of the parties.
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Summary. Hello dear! Not all staff of the law enforcement unit can enforce the law, and only those who have a law enforcement certificate can enforce the law in the law enforcement area of the law enforcement certificate.
Hello dear! Not all the work of the law enforcement unit can be enforced, and the personnel who have a law enforcement certificate can be registered to carry out law enforcement in the law enforcement area of the law enforcement certificate.
After the comprehensive reform of administrative law enforcement, it is clearly stipulated that auxiliary personnel such as work and service cannot enforce the law, and some personnel who are in a single position in the business are qualified to enforce the law, and will participate in law enforcement on the street. ”
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Legal Analysis: Law enforcement officers can enforce the law alone. In the Administrative Punishment Law of the People's Republic of China, the summary procedure may be carried out by one person.
Legal basis: Administrative Punishment Law of the People's Republic of China
Article 33: Where the facts of the violation are conclusive and there is a legally-prescribed basis, and an administrative punishment of up to 50 RMB is imposed on a citizen, or up to 1,000 RMB is imposed on a legal person or other organization, an administrative punishment decision may be made on the spot. or the parties shall perform the administrative punishment decision in accordance with the provisions of articles 46, 47, and 48 of this Law.
Article 34: Where law enforcement personnel make a decision on the spot to punish the state for unemployment, they shall present the law enforcement identification documents to the parties, and fill out the administrative punishment decision document in a predetermined format and numbered. The administrative punishment decision shall be delivered to the parties at the scene. The administrative punishment decision documents provided for in the preceding paragraph shall clearly indicate the parties' illegal conduct, the basis for the administrative punishment, the amount, time, place, and name of the fine, and are to be signed or sealed by the law enforcement personnel.
Administrative punishment decisions made by law enforcement personnel on the spot must be reported to their subordinates for the record.
Article 35: Where parties are dissatisfied with an administrative punishment decision made on the spot, they may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.
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Legal Analysis: No, there must be no less than two law enforcement officers.
Legal basis: "The People's Republic of China and the State Administrative Punishment Law" Article 37: When administrative organs conduct investigations or inspections, there must be no fewer than two law enforcement personnel, and they shall present their certificates to the parties or relevant personnel. The parties or relevant personnel shall truthfully inquire and assist in the investigation or inspection, and must not obstruct the conduct of the investigation.
A record shall be made of the questioning or inspection.
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Legal Analysis: Suspicious.
No, there must be no less than two law enforcement officers.
Legal basis: Administrative Punishment Law of the People's Republic of China》 Article 37: When administrative organs investigate or conduct inspections, law enforcement personnel may accompany less than two persons without limbs, and shall present their identification to the parties or relevant personnel. Parties or relevant persons shall truthfully inquire and assist in the investigation or investigation of the history, and must not obstruct it.
A record shall be made of the questioning or inspection.
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