Administrative Litigation Law, Article 66 and Administrative Punishment Law, Article 51

1. Administrative Litigation Law, Article 66:

1) Where a people's court finds that the person in charge or directly responsible personnel of an administrative organ has violated law or discipline during the trial of an administrative case, it shall transfer the relevant materials to the supervision organ, the administrative organ, or the administrative organ at the level above it; Where it is found that there has been criminal conduct, the relevant materials shall be transferred to the public security or procuratorate organs.

2) Where a defendant is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, the people's court may make a public announcement of the defendant's refusal to appear in court or leave court in the middle of the court, and may submit a judicial recommendation to the supervision organ or the administrative organ at the level above the defendant to give the principal responsible person or directly responsible personnel a sanction in accordance with law.

2. Administrative Litigation Law: In order to regulate and ensure that the people's courts can hear administrative cases correctly and in a timely manner, it is a lawsuit filed by an individual, legal person or other organization to the court because he believes that the administrative act taken by a state organ infringes upon his legitimate rights and interests.

3. Administrative Punishment Law, Article 51:

Where parties fail to perform on an administrative punishment decision within the time limit, the administrative organ that made the administrative punishment decision may employ the following measures:

1) If the fine is not paid when due, an additional fine of 3% of the amount of the fine shall be imposed every day;

2) In accordance with the provisions of the law, the sealed or seized property shall be auctioned or the frozen deposit shall be transferred to offset the fine;

3) Apply to the people's court for compulsory enforcement.

4. Administrative Punishment Law: It is a law formulated in accordance with the provisions of the Constitution to standardize the setting and implementation of administrative punishments, ensure and supervise the effective implementation of administrative management by administrative organs, safeguard public interests and social order, and protect the legitimate rights and interests of citizens, legal persons or other organizations.

This is due to the difference in the scope of application of the two laws.

"Article 2: Citizens, legal persons, or other organizations have the right to file a lawsuit in the people's courts in accordance with this Law if they believe that the specific administrative acts of administrative organs and their staff infringe upon their lawful rights and interests. In other words, it only applies to the process of administrative litigation.

"Article 2 of the Administrative Punishment Law" This Law shall apply to the establishment and implementation of administrative punishments. In other words, it is limited to the law enforcement operation of "administrative punishment", and not all administrative law enforcement acts are subject to this law.

If some administrative law enforcement cases do not involve administrative penalties, then there is no need to implement them in accordance with the Administrative Punishment Law.

For example, for illegal construction, urban management administrative law enforcement, usually to restore the original state, a number of fines. Then "restitution" is not an administrative penalty, so it does not need to be implemented in accordance with the Administrative Punishment Law, but "a number of fines" is an administrative penalty, so it is implemented in accordance with the Administrative Punishment Law.

If the victim fails to pay the fine, the chengguan may apply to the court for compulsory enforcement, and directly transfer the fine to the fine account.

Legal Analysis: This article is a provision on the implementation measures for the separation of the formulation of fine decisions and the collection of fines. The administrative organ that makes the decision to impose a fine shall be separated from the institution that collects the fine, and the Administrative Punishment Law only makes a principle provision on the separation of the decision to impose a fine from the institution that collects the fine, and authorizes the formulation of the specific measures for its implementation.

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 such a hearing, and where the parties request a hearing, the administrative organ shall organize a hearing: (1) a relatively large fine; (2) Confiscation of a relatively large amount of unlawful gains or confiscation of illegal property of a larger value; (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.

Legal Analysis: This article is a provision on the legal liability for the non-use or use of illegal fines and confiscation of property documents for administrative punishment. Fines and confiscation of property are economic penalties imposed by administrative organs on individuals and organizations that violate the norms of administrative law and fail to perform their legal obligations.

The confiscated property is auctioned publicly, and the proceeds are turned over to the State treasury. Fines and confiscation of property must be formal acts, and the administrative organ must make a formal written decision on the punishment and issue a receipt for the fine or confiscation of property. Receipts for fines and confiscation of property can only be issued by statutory departments, and no other individual or organization has the right to print them.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 56: Where an administrative organ punishes a party without using fines or confiscating financial documents, or using fines or confiscation of financial documents issued by non-statutory departments, the parties have the right to refuse to punish Pei Shupei and have the right to report it. The administrative organ at a higher level or the relevant department shall confiscate and destroy the illegal documents used, and give administrative sanctions to the directly responsible managers and other responsible personnel in accordance with law.

Article 63 of the Administrative Punishment Law of the People's Republic of China provides that when an administrative organ intends to make a partial administrative punishment decision, it 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, and the parties shall not bear the costs of the administrative organ organizing the hearing.

What are the types of administrative punishments?

1. Warning: refers to the condemnation and warning of citizens, legal persons or other organizations by administrative organs for violating the order of administrative management, the purpose of which is to affirm that they have violated the law by giving moral punishment to the offender, and to make them no longer violate the law in the future, otherwise they will be punished more severely;

2. Fines: administrative penalties imposed by administrative law enforcement units on individuals and units that violate administrative regulations;

3. Confiscation of unlawful gains and confiscation of illegal property: confiscation of unlawful gains refers to the punishment method in which an administrative organ or judicial organ uses compulsory measures conferred by national laws and regulations to forcibly deprive the offender of the ownership of the illegally obtained property obtained by the offender in accordance with the law;

4. Ordering the suspension of production and business: It is a form of punishment for administrative organs requiring citizens, legal persons or other organizations engaged in illegal production and business activities to stop production and business.

Legal basis: Article 63 of the Administrative Punishment Law of the People's Republic of China.

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, laws, regulations, and 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 informed by the high-esteem 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, the investigators submit the facts, evidence, and administrative punishment recommendations of the parties' violations, and the parties enter Qi Yan to make a prudent defense 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.