What are the manner of hearings and other provisions40

Search: What are the methods of hearings and other regulations?

Legal analysis: The applicant for the hearing must be a citizen, legal person or other organization that the public security organ intends to impose the following administrative penalties on him: 1. A fine of more than 2,000 yuan is imposed on the individual; A fine of more than 6,000 yuan shall be imposed on an individual who violates the laws, regulations, and rules of border exit and entry administration2, a fine of more than 10,000 yuan shall be imposed on a legal person or other organization, 3, a fine of more than 10,000 yuan shall be imposed on a legal person or other organization, and a fine of production or business shall be ordered to suspend production and business 4, and a permit or license shall be revoked.

Legal basis: "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 a hearing, the administrative organ shall organize a hearing: (1) a relatively large fine; (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 or business, ordering closure, or restricting employment; (5) Other heavier administrative punishments; (6) Other circumstances provided for by laws, regulations, or rules.

The parties regret that they do not bear the costs of the administrative organ's hearing.

According to the laws of our country, the conditions for holding a hearing are as follows: (1) where a party requests a hearing, it shall be submitted within three 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 is to be presided over by personnel designated by the administrative organ who are not investigators in 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 personally participate in the hearing, or may entrust one to direct two people**; (6) When holding a hearing, investigators submit facts, evidence, and recommendations for administrative punishment 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. What should parties do if they have objections to administrative punishments restricting personal freedom?

It shall be implemented in accordance with the relevant provisions of the Public Security Administration Punishment Law. The applicant for the hearing must be a citizen, legal person or other organization that the public security organ intends to impose the following administrative penalties on him: 1. A fine of more than 2,000 yuan is imposed on the individual; A fine of more than 6,000 yuan shall be imposed on an individual who violates the laws, regulations, and rules of border exit and entry administration2, a fine of more than 10,000 yuan shall be imposed on a legal person or other organization, 3, a fine of more than 10,000 yuan shall be imposed on a legal person or other organization, and a fine of production or business shall be ordered to suspend production and business 4, and a permit or license shall be revoked.

To sum up, the relevant laws and policies on the conditions for hearings have been relatively perfect, and the entries are also very clear, and the legal requirements should be strictly followed for hearings.

Legal basisArticle 63 of the Administrative Punishment Law of the People's Republic of China provides that if an administrative organ intends to make the following administrative punishment decisions, it shall inform the parties that they have the right to request a hearing

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 or 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. Be respectful.

Legal analysis: The applicant for the hearing shall, within 3 days from the date of receipt of the notice of hearing from the public security organ, submit a written request for a hearing to the legal affairs office (department, section) of the public security organ that issued the notice of hearing.

Legal basis: "Administrative Punishment Law of the People's Republic of China" 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 personnel of the time and place of the hearing seven days before the hearing;

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) Cha Qinghao hearings are to be presided over by personnel designated by the administrative organs who are not investigators in 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 they may entrust one or two people**;

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, investigators submit facts, evidence, and recommendations for administrative punishment of the parties' violations, and the parties are to make defenses and debate 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.

Legal Analysis: A hearing refers to the legal process of hearing the opinions of interested parties. 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 hearing system is a legal system formed by the administrative organ informing the administrative organ of the reasons for the decision and the right to a hearing before making a decision that affects the rights and interests of the counterpart, the administrative counterpart expresses opinions and provides evidence, and the administrative organ hears opinions and accepts evidence.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 44: Before making a decision on sending an administrative punishment to a travel model, the administrative organ shall inform the parties of the content, facts, reasons, and basis of the administrative punishment to be imposed, and inform the parties of their rights to make statements, defenses, and request hearings in accordance with law.

Legal Analysis: A hearing refers to a legal process in which the opinions of interested parties are heard. Where parties request a hearing, the administrative organ shall organize a hearing.

The parties are not responsible for the costs of dispatching briefs for administrative organs to organize hearings. The hearing system is a legal system formed by the administrative organ informing the administrative organ of the reasons for the decision and the right to a hearing before making a decision that affects the lawful rights and interests of the counterpart, the administrative counterpart expresses opinions and provides evidence, and the administrative organ hears opinions and accepts evidence.

Legal basis: "Law of the People's Republic of China on Administrative Punishments" Article 44: Before making an administrative punishment decision, administrative organs shall inform the parties of the content, facts, reasons, and basis of the administrative punishment to be given, and inform the parties of their rights to make statements, defenses, and request hearings in accordance with law.

Conditions for hearings: 1. A fine of more than 2,000 yuan is imposed on the individual; Individuals who violate laws, regulations, and rules on border exit and entry administration shall be fined more than 6,000 yuan; 2. A fine of more than 10,000 yuan is imposed on a legal person or other organization; 3. Ordered to suspend production and business; 4. Revocation of permits or licenses.

Legal analysis

The circumstances in which the administrative organ deems it necessary to hold a hearing are generally as follows:

1.Where administrative punishment cases are major or complex, and extremely prudent decisions are required, before making an administrative punishment decision, the administrative organ is to organize a hearing, which is conducive to making a correct administrative punishment decision;

2.Where the scope of hearing cases as provided for in the Administrative Punishment Law is met, and the parties truly have different opinions on the determination of facts, and the parties are willing to be heard, but the parties fail to submit a request for a hearing within 3 days of being notified by the administrative organ for objective reasons or legitimate reasons, the administrative organ may decide whether to organize a hearing based on the circumstances;

3.Where administrative punishment cases are within the scope of the administrative organ's authority and have a general or very large impact, the impact may be expanded through the holding of public hearings, which is conducive to educating citizens, legal persons, or other organizations to conscientiously abide by the law, and the administrative organs may organize hearings.

Before the public security organs intend to issue an administrative punishment applying the hearing procedures, they shall serve a written notice of hearing on the parties that clearly states the following main matters:

1) The name or title of the party;

2) The parties' illegal acts, the reasons and basis for the administrative punishment, and the administrative punishment decision to be made;

3) inform the parties of their right to request a hearing;

4) Inform the time limit for submitting a request for a hearing and the organ organizing the hearing.

The notice of hearing must bear the seal of the public security organ.

The notice of hearing can be served directly, entrusted to be served, or served by mail.

Legal basis

Article 63 of the Administrative Punishment Law of the People's Republic of China: 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 a hearing, the administrative organ shall organize a hearing:

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 or 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.

The hearing of the number of years is to be conducted in accordance with the following procedures: (1) The administrative organ shall notify the applicant and interested parties of the time and place of the hearing seven days before the hearing, and make a public announcement when necessary; (2) Hearings shall be held publicly; (C) the administrative organ shall designate a person other than the staff to review the administrative license application as the presiding officer of the hearing, and the applicant or interested party believes that the presiding officer has a direct interest in the administrative licensing matter, and has the right to apply for recusal; (D) when holding a hearing, the staff who review the application for an administrative license shall provide evidence and reasons for the review opinions, and the applicant and interested parties may present evidence, and conduct defense and cross-examination; (5) A record shall be made of the hearing, and the hearing record shall be given to the hearing participants to sign or affix a seal after confirming that it is correct. The administrative organ shall make an administrative licensing decision on the basis of the hearing record.

Legal basis

Article 41 of the Administrative Punishment Law: Where administrative organs and their law enforcement personnel do not inform the parties of the facts, reasons, and basis for giving administrative punishments in accordance with the provisions of articles 31 and 32 of this Law before making an administrative punishment decision, the administrative punishment decision cannot be sustained; Except where the parties waive the right to make a statement or defense.