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Search: About the time limit for each type of administrative punishment. When is it time to terminate? Please be specific. Thank you
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The statute of limitations for administrative penalties is two years. Article 29 of the Administrative Punishment Law stipulates: "Where the illegal act is not discovered within two years, no administrative punishment shall be given."
Except as otherwise provided by law. "The time period provided for in the preceding paragraph is calculated from the date on which the illegal conduct occurs; Where the illegal conduct is continuous or continuing, it is calculated from the date on which the conduct ends."
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According to the provisions of China's "Administrative Punishment Law of the People's Republic of China", the administrative punishment period is two years.
Legal basis: Article 29 of the "Administrative Punishment Law of the People's Republic of China" Where illegal acts are not discovered within two years, administrative punishments are no longer given. Except as otherwise provided by law.
"The time period provided for in the preceding paragraph is calculated from the date on which the illegal conduct occurs; Where the illegal conduct is continuous or continuing, it is calculated from the date on which the conduct ends."
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Legal analysis: The Administrative Punishment Law only stipulates a two-year limitation period, that is to say, if the illegal act is not discovered within two years after the occurrence of the violation, no administrative punishment shall be imposed, and the public security administration punishment law stipulates that the statute of limitations is six months.
Legal basis: Administrative Punishment Law of the People's Republic of China
Article 9: Types of administrative punishments: (1) warnings, circulars of criticism; (2) Fines, confiscation of unlawful gains, or confiscation of illegal property; (3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses; (4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment; (5) Administrative detention; (6) Other administrative punishments provided for by laws and administrative regulations.
Article 20: Administrative punishments are within the jurisdiction of the administrative organ for the place where the illegal conduct occurred, except as otherwise provided by laws and administrative regulations.
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Article 57 of the "Provisions on Administrative Punishment Procedures" stipulates:
In cases handled using the ordinary procedures, a decision shall be made within 90 days of the date on which the case is filed; Where the circumstances of the case are complicated and a decision cannot be made within the prescribed time limit, an extension of 30 days may be granted upon approval by the responsible person of the administrative organ for industry and commerce;
Where the circumstances of the case are particularly complicated and a decision cannot be made after an extension, the relevant meeting of the administrative organ for industry and commerce shall collectively discuss and decide whether to continue the extension. In the course of handling cases, time such as for hearings, announcements, and evaluations is not included in the time limit for handling cases referred to in the preceding paragraph.
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Hello, if a fight causes injury to both parties, the responsibility shall be borne according to the size of the responsibility of both parties. Article 234:Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, short-term detention or controlled release.
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Depending on what you are complaining about, some complaints are required to be dealt with within a certain period of time. Some don't ask for it. If there is a request, then after the complaint, the administrative organ will investigate, and if it does constitute a violation, it will give an administrative penalty.
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In accordance with the provisions of paragraph 3 of Article 46 of the Administrative Punishment Law.
The parties shall pay the fine at the designated bank within 15 days of receiving the administrative punishment document.
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Can those who have had their business licenses revoked and have not been reconsidered for one year of administrative punishment still continue to operate?
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The time limit for payment of administrative penalties and fines is 15 days. The main basis is as follows:
With the exception of fines collected on the spot in accordance with the provisions of articles 47 and 48 of the Administrative Punishment Law, the administrative organ that made the administrative punishment decision and its law enforcement personnel must not collect the fine on their own. The parties shall pay the fine to the designated bank within 15 days of receiving the administrative punishment decision. Banks should accept fines and pay them directly to the State Treasury.
Administrative punishment refers to the legal sanctions imposed by administrative entities with the power of administrative punishment on administrative counterparts in accordance with law for administrative acts that violate administrative laws and regulations and have not yet constituted a crime in order to safeguard public interests and social order and protect the legitimate rights and interests of citizens, legal persons or other organizations. The administrative punishment imposed must be commensurate with the facts, nature, circumstances and degree of social harm of the punished person's illegal conduct, that is, the type, severity and degree of administrative punishment and its reduction and exemption should be commensurate with the illegal conduct.
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The rules are different within each administrative organ. Just look at the administrative organ's administrative punishment procedures.
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1. The statute of limitations for administrative violations is two years, and if the administrative violations are not discovered within two years, no administrative punishment will be given;
2. Where violations of the administration of public security are not discovered by the public security organs within six months, they are not to be punished;
3. The time from filing the case to making the penalty decision is three months. Different administrative laws and regulations have different provisions. Like what.
The first paragraph of Article 40 of the Code of Conduct for Traffic Administrative Penalties stipulates that "cases handled by ordinary procedures shall be completed within 2 months from the date of filing." Due to special needs, the period for handling cases may be extended with the approval of the person in charge of the traffic administrative law enforcement agency, but the maximum shall not exceed 3 months. If the case cannot be completed within 3 months, the case handling period may be extended with the approval of the traffic administrative law enforcement agency at the next higher level, but the maximum shall not exceed 6 months.
There are also some other time regulations for the handling of administrative punishment cases, all of which are inconsistent and depend on the specific law that applies.
The main principles of administrative punishment include: the principle of statutory punishment, the principle of fairness of punishment, the principle of openness of punishment, the principle of combining punishment and education, the principle of proportionality of punishment, the principle of non-punishment in one case, and the principle of protecting the rights of the punishment counterpart. >>>More
1. BCD, the "Administrative Punishment Law of the People's Republic of China" stipulates: "Before an administrative organ makes an administrative penalty decision such as ordering the suspension of production and business, revoking permits or licenses, or imposing a relatively large fine, it shall inform the parties that they have the right to request a hearing. "2. b Submit a reconsideration to the organ at the next higher level than the organ that took the specific administrative act. Beg.
Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.