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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.
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1. B: Revoke the business license of self-employed individuals C: Revoke the business license of the enterprise D: Order to stop production and business 2. B: Public Security Bureau of Haidian District, Beijing.
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According to the provisions of the Administrative Punishment Law, the hearing procedure is only applicable to several administrative penalties that have a greater impact on the rights and interests of the parties, such as ordering the suspension of production and business, revoking permits, licenses, and fines of a larger amount.
Legal basis: Article 42 of the Administrative Punishment Law of the People's Republic of China stipulates that 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 party concerned of the right to request a hearing permit; Where the parties request a hearing, the administrative organ shall organize a hearing.
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Legal analysis Fu Chun: The penalties applicable to the administrative penalty hearing procedure are: before the administrative organ makes an administrative penalty decision such as ordering the state to suspend production and business, revoking permits or licenses, and imposing a relatively large fine.
Legal basis: Administrative Punishment Law of the People's Republic of China
Article 42: Before administrative organs make administrative punishment decisions such as ordering the suspension of production or business, revoking permits or licenses, or imposing a relatively large fine, they shall inform the parties that they have the right to request a hearing; Where parties request a hearing, the administrative organ shall organize a hearing. The parties shall not bear the costs of the administrative organ's organization of the hearing. Hearings are organized in accordance with the following procedures:
1) Where a party requests a hearing, it shall be submitted within 3 days of being notified by the administrative organ;
2) The administrative organ shall notify the parties of the time and place of the hearing 7 days before the hearing;
3) Hearings are held in public, except where state secrets, commercial secrets, or personal privacy are involved;
4) The hearing shall be presided over by a person designated by the administrative registry who is not the investigator of the case; Where the parties feel that the presiding officer has a direct interest in the case, they have the right to apply for recusal;
5) The parties may attend the hearing in person, or may entrust one or two persons**;
6) When holding a hearing, investigators submit facts, evidence, and recommendations for administrative punishment of the parties' violations; The parties have the right to make defenses and cross-examine evidence;
7) A record shall be made of the hearing; The record shall be given to the parties to sign or affix a seal after being reviewed and corrected.
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Answer]: a, b, c
This question examines the hearing procedures for administrative punishments. According to the provisions of the Administrative Punishment Law, the parties may personally participate in the Tonglu hearing, or they can entrust 1 to 2 people**. The hearing is to be presided over by a person designated by the administrative organ who is not the investigator of the case.
Before an administrative organ makes a decision on an administrative punishment such as an order to suspend production or business, revoke permits or licenses, or impose a relatively large fine, it shall inform the parties that they have the right to request a hearing; Where parties request a hearing, the administrative organ shall organize a hearing. The presiding officer of the hearing does not have the authority to determine the validity of the evidence obtained by the investigators. The hearing record is one of the important bases for making an administrative punishment decision, but not the only one.
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Penalties applying the administrative punishment hearing procedures are before the administrative organ makes an administrative punishment decision such as ordering the suspension of production or business, revoking permits or licenses, or imposing a relatively large fine. The parties shall be informed of their right to request a hearing; Where parties request a hearing, the administrative organ shall organize a hearing. The parties shall not bear the costs of the administrative organ's organization of the hearing.
The law is subject to dismantling
Administrative Punishment Law of the People's Republic of China
Article 63.
1) Relatively large fines;
2) Confiscation of larger amounts of unlawful gains or confiscation of larger value of illegal property;
3) Lowering the level of qualifications or revoking licenses;
4) Ordering the suspension of production and business, ordering closure, or restricting employment;
5) Other heavier administrative punishments;
6) Other circumstances provided for by laws, regulations, or rules.
The parties shall not bear the costs of the administrative organ's organization of the hearing.
Article 64.
Hearings shall be organized in accordance with the following procedures:
1) Where a party requests a hearing, it shall be submitted within 5 days of being notified by the administrative organ;
2) The administrative organ shall notify the parties and relevant persons of the time and place of the hearing 7 days before the hearing is held;
3) Hearings are to be held in public, except where state secrets, commercial secrets, or personal privacy are to be kept confidential in accordance with law;
4) The hearing is to be presided over by a person designated by the administrative organ who is not the investigator of the case; Where the parties feel that the presiding officer has a direct interest in the case, they have the right to apply for recusal;
5) The parties may attend the hearing in person, or may entrust one or two persons**;
6) Where parties and their ** persons refuse to attend the hearing without a legitimate reason or withdraw from the hearing without permission, it is deemed to have waived the right to a hearing, and the administrative organ terminates the hearing;
7) When holding a hearing and excavation, the investigators present the facts of the party's violation, the evidence of the evidence, and the recommendation for administrative punishment, and the party is to make a defense and debate the evidence;
8) A record shall be made of the hearing. The record shall be given to the parties or their persons to sign or affix a seal after verifying that there are no errors. Where the parties or their ** persons refuse to sign or affix their seals, the presiding officer of the hearing is to note this in the record.
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Legal analysis: The hearing procedure is a special procedure in the general procedure, it is not a mandatory procedure for administrative punishment, and its scope of application is limited, according to the provisions of the Administrative Punishment Law, the hearing procedure is only applicable to a larger amount of fines; confiscation of relatively large amounts of unlawful gains and confiscation of illegal property of relatively large value; Lowering the qualification level and revoking the license; ordering the suspension of production and business, ordering the closure of business, or restricting the practice; Other heavier administrative punishments or other circumstances provided for by laws, regulations, or rules.
Legal basis: "Brief and Sensitive Administrative Punishment Law of the People's Republic of China" Article 63: Where administrative organs intend to make the following administrative punishment decisions, they shall inform the parties that they have the right to request a hearing, and where the parties request to hear pure branch evidence, the administrative organs shall organize a hearing:
1) Relatively large fines;
2) Confiscation of relatively large amounts of unlawful gains or confiscation of illegal property of relatively large value;
3) Lowering the level of qualifications or revoking licenses;
4) Ordering the suspension of production and business, ordering closure, or restricting employment;
5) Other heavier administrative punishments;
6) Other circumstances provided for by laws, regulations, or rules.
The parties shall not bear the costs of the administrative organ's organization of the hearing.
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Answer]: a, b, d
Article 42 of Chapter 5, Section 3 "Hearing Procedures" of the Administrative Punishment Law of the People's Republic of China stipulates that before an administrative organ makes an administrative penalty decision such as ordering the suspension of production and business, revoking the license or holding a liquid license, or imposing a relatively large fine. The parties shall be informed of their right to request a hearing; Where the parties request a hearing, the Qihu administrative organ shall organize a hearing.
The parties shall not bear the costs of the administrative organ's organization of the hearing. The hearing is organized in accordance with the following procedures: (1) The parties request a hearing.
It shall be submitted within 3 days of being notified by the administrative organ; (2) The administrative organ shall notify the parties of the time and place of the hearing 7 days before the hearing; (3) Except where state secrets, commercial secrets, or personal privacy are involved, hearings are held publicly; (4) The hearing is to be presided over by a person designated by the administrative organ who is not the investigator of the case; If the parties believe that the host has a direct interest in the case, they have the right to apply for recusal and quietly stop: (5) the parties may personally participate in the hearing, or they may entrust 1 or 2 people**; (6) When holding a hearing, the investigators put forward the facts, evidence, and administrative punishment recommendations of the parties' violations; The parties make defenses and cross-examine evidence; (7) A record shall be made of the hearing; The record shall be given to the parties to sign or affix a seal after being reviewed and corrected. Where parties have objections to administrative punishments restricting personal liberty, it is to be implemented in accordance with the relevant provisions of the Public Security Administration Punishment Regulations.
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