What are the violations of the administration of public security?

Real-world problems. Sun was once sentenced to eight days of detention and a fine of 300 yuan by the public security organs because he deliberately beat up the waiter of the hotel because he drank too much. So, what are the types of public security administrative penalties?

How does the law say this?

Lawyer answers. In accordance with the relevant provisions of the Law on Public Security Administration Punishments, the types of public security administrative penalties are divided into: warnings, fines, administrative detention, and revocation of permits issued by public security organs. Foreigners who violate the administration of public security may be subject to an additional time limit for leaving the country or being deported.

In this case, Sun assaulted others, and the public security organs detained him for eight days and fined him 300 yuan, which is legal and reasonable.

Links to legal provisions. Law of the People's Republic of China on Public Security Administration Punishments

Article 10: The types of public security administrative punishments are divided into:

1) Warning; (2) fines; (3) administrative detention; (4) Revoke the license issued by the public security organ.

Foreigners who violate the administration of public security may be subject to an additional time limit for leaving the country or being deported.

Article 43, paragraph 1: Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

There are the following types of violations of the Public Security Administration Punishment Law: disturbing public order; endanger public safety; Infringement of personal rights or property rights; obstructing social management. Where the above-mentioned acts constitute a crime in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall be pursued in accordance with law; Where criminal punishment is not sufficient, the public security organs are to give public security administrative penalties in accordance with the Law on Public Security Administration Punishments.

Legal basis. Article 2 of the Law on Public Security Administration Punishments.

Where public order is disrupted, public safety is endangered, personal rights and property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is to be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

Violations of the Public Security Administration Punishment Law include: 1. Acts that disrupt public order; 2. Acts that endanger public safety; 3. Acts that infringe on personal rights and property rights; 4. Acts that impede social management.

Legal analysis: disrupting public order, endangering public safety, infringing on the personal rights of others, infringing on public property, obstructing social management order, violating fire management, and violating traffic management, such as misappropriation or lending of motor vehicle license plates or driver's licenses; Violation of traffic rules, causing traffic accidents; Drunk driving, etc.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 2: Where public order is disrupted, public safety is endangered, personal rights and property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is to be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

Violations of the administration of public security can be broadly summarized as acts that disrupt public order, impede public safety, infringe on personal rights and property rights, and obstruct social management, and are harmful to society, but are not sufficient for criminal punishment. In accordance with the provisions of the Law on Administrative Penalties for Public Security, public security penalties shall be imposed on them.

Legal basis. Article 2 of the Law of the People's Republic of China on Public Security Administration Punishments.

Where public order is disrupted, public safety is endangered, personal rights and property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is to be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

Violations of the administration of public order and disturb public order, but do not constitute the crime of starvation; Acts that endanger public safety but do not constitute a crime; Acts that infringe on personal rights or property rights, but do not constitute a crime; and acts that impede social management but do not constitute a crime, etc.

[The basis of the high law of the legal defense].Article 2 of the Law of the People's Republic of China on Public Security Administration Punishments.

Where public order is disrupted, public safety is endangered, personal rights and property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is to be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

Article 43.

Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.