What is an administrative penalty

According to Article 8 of the Administrative Punishment Law, the types of administrative penalties are:

a) Warning; b) fines;

3) Confiscation of unlawful gains and confiscation of illegal property;

4) Order the suspension of production and business;

5) Temporarily withholding or revoking permits, or suspending or revoking licenses;

6) Administrative detention;

7) Other administrative punishments provided for by laws and administrative regulations. Article 9 also stipulates that the law may set various administrative penalties. Administrative penalties restricting personal liberty can only be set by law. Article 8 of the Administrative Punishment Law stipulates that the types of administrative penalties are:

a) Warning; b) fines;

3) Confiscation of unlawful gains and confiscation of illegal property;

4) Order the suspension of production and business;

5) Temporarily withholding or revoking permits, or suspending or revoking licenses;

6) Administrative detention;

7) Other administrative punishments provided for by laws and administrative regulations. Article 9 also stipulates that the law may set various administrative penalties. Administrative penalties restricting personal liberty can only be set by law.

Administrative punishment refers to the conduct of administrative organs to punish citizens, legal persons, or other organizations that violate the order of administrative management by reducing their rights or increasing their obligations.

The main characteristics of administrative penalties include the following:

1. Legality. The establishment, subject, target, conduct, type, and procedures of administrative punishment must be prescribed by law.

2. Administrative. The main body of implementation is mainly the administrative organ with the power of administrative punishment, and the object of implementation is the administrative counterpart, which is done by the administrative counterpart in violation of administrative laws and regulations, and the purpose is to achieve the administrative management goals.

3. Punitive. The consequence of administrative punishment is to reduce rights and interests or increase obligations, which is unfavorable to the counterpart, which is a common feature of general legal liability.

However, administrative punishment also has a negative evaluative effect, that is, punitive. Its purpose is to correct administrative violations through punishment, or to make up for the damage caused by administrative violations to the public interest and social order.

Legal basis] Article 1 of the Administrative Punishment Law, this Law is formulated in accordance with the Constitution in order to standardize the establishment 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.

Legal analysis: Administrative punishment refers to the specific administrative act of the administrative entity in accordance with the statutory authority and procedures to give administrative sanctions to the counterpart who violates the norms of the administrative law but has not yet constituted a crime.

Administrative punishment is a form of administrative sanction, and the administrative entity with the power of administrative punishment is to safeguard the public interest and social order, protect the legitimate rights and interests of the blind people, legal persons or other organizations, and impose legal sanctions on the administrative counterpart in violation of administrative laws and regulations but have not yet constituted a crime.

An administrative entity may, within the administrative jurisdiction specified by law, impose a sanction in accordance with law against the administrative counterpart (the managed organization or natural person) who has not yet constituted a crime and has a general violation of the administration. The purpose of sanctions is to maintain public order and social order, to ensure the security of the country and the rights and interests of citizens.

Legal basis: Article 4 of the Administrative Punishment Law of the People's Republic of China follows the principles of fairness and openness in administrative punishments. The establishment and implementation of administrative punishments must be based on facts, and be commensurate with the facts, nature, circumstances, and degree of harm to society of the violation.

Provisions for imposing administrative penalties for violations of the law must be made public; Where it has not been announced, it must not be the basis for administrative punishments.

Article 5 of the Administrative Punishment Law of the People's Republic of China: The implementation of administrative punishments and correction of illegal conduct shall persist in combining punishment and education, and educate citizens, legal persons, or other organizations to consciously abide by the law.

Administrative punishment refers to the conduct of administrative organs to punish citizens, legal persons, or other organizations that violate the order of administrative management in a manner that reduces rights and interests or increases obligations. The State administrative organs shall impose sanctions on citizens, legal persons or other organizations that violate the order of administrative management in accordance with law. Including warnings, fines, confiscation of illegal gains, orders to suspend production and business, administrative detention, etc.

Administrative punishments include the following types: (1) Personal punishment, which refers to the administrative punishment of a specific administrative entity that restricts and deprives the offender of his or her personal freedom. This is the most severe administrative penalty.

Physical punishment mainly refers to administrative detention and re-education through labor. (2) "Behavioral punishment" refers to the form of sanctions imposed by an administrative entity that restricts or deprives the offender of a specific capacity for conduct, such as ordering the suspension of production, suspension of business, temporary withholding or revocation of permits and business licenses. Behavioral punishment is a relatively severe administrative punishment measure second only to physical punishment.

3) "Property punishment" refers to the form of punishment given by the administrative entity to the offender in accordance with the law to deprive the offender of property rights, such as fines, confiscation of illegal gains, confiscation of illegal property, etc. Property penalty is one of the most widely used administrative penalties. (4) Reprimands and punishments, also known as mental punishments and reputation punishments, refer to the condemnation and vigilance of citizens, legal persons or other organizations that violate administrative laws and norms, such as warnings, circulars of criticism, etc.

Reprimand punishment is a form of punishment that causes certain damage to the reputation, honor, credibility or moral interests of the offender.

The law is based on the law"Administrative Punishment Law of the People's Republic of China" Article 2 Administrative punishment refers to the conduct of administrative organs to punish citizens, legal persons or other organizations that violate the order of administrative management in accordance with the law by reducing rights and interests or increasing obligations.

Summary. According to Article 2 of the Administrative Punishment Law, administrative punishment refers to the conduct of administrative organs to punish citizens, legal persons or other organizations that violate the order of administrative management by reducing their rights and interests or increasing their obligations. This is the first time that the definition of "administrative punishment" has been clarified in the form of legislation.

Hello, glad to answer for you! Please wait a moment, we are answering for you! According to Article 2 of the Administrative Punishment Law, administrative punishment refers to the conduct of administrative organs to punish citizens, legal persons or other organizations that violate the order of administrative management by reducing their rights and interests or increasing their obligations.

This is the first time that the definition of "administrative punishment" has been clarified in the form of legislation.

Administrative punishment is an administrative compulsory measure that the administrative administrative organ has the right to carry out against the offender for violating administrative regulations or agreements, contracts and other administrative legal relationships. Administrative punishment is an administrative compulsory measure carried out by administrative organs in accordance with legal procedures against perpetrators who violate administrative laws and regulations, and its purpose is to safeguard the common interests of the public and the authority of laws and regulations, protect the order of the market economy, and maintain social stability.

There are many types of administrative punishments, and the common ones are:

1.Warn; 2.Penalty;

3.suspend or revoke permits, licenses, and other permits;

4.confiscation of illegal gains;

5.Closure or closure of places, facilities, equipment, etc.;

6.Revocation of qualifications, positions, etc.

Administrative punishments are generally carried out by administrative organs in accordance with legal procedures, and the offenders are punished, so as to achieve the purpose of safeguarding the public interest and laws and regulations. Administrative punishment is a compulsory measure in the administrative law system, and once the administrative punishment decision takes effect, the offender must perform his duties and responsibilities in accordance with the decision. At the same time, if the offender is dissatisfied with the administrative punishment decision, he can also file an administrative lawsuit in accordance with the law and request the court to review and adjudicate.