What kind of violation is administrative detention?

It is an illegal act that violates the Public Security Punishment Law.

Legal Analysis: Not Included. Administrative detention is the most severe form of administrative punishment, which is usually applied to situations where there is a serious violation of the administration of public security but does not constitute a crime, and warnings and fines are not sufficient punishment.

Therefore, the law has strict provisions on the conditions and procedures for its establishment and implementation.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 16: Where there are two or more violations of the administration of public security, separate decisions are to be made and enforcement is combined. Where administrative detention punishments are to be carried out together, the longest period of delay is not to exceed 20 days.

Legal analysis: Generally speaking, administrative detention refers to the compulsory measures implemented by the public security organs in violation of laws and regulations such as the law on the punishment of public security administration, which is a kind of personal restraint compulsory measures, and is generally the legal consequence of illegal acts.

Legal basis: Article 10 of the Law of the People's Republic of China on Public Security Administration Punishments The types of public security administrative punishments are divided into:

1) Warning, (2) Fine, (3) Administrative detention (4) Revocation of the permit issued by the public security organ.

Legal Analysis: Administrative detention is a violation of the Public Security Administration Law.

Legal basis: Article 10 of the Law of the People's Republic of China on Public Security Administration Penalties The types of penalties for public security management are divided into:

a) Warning; b) fines;

3) Administrative detention;

4) Revoke permits issued by public security organs.

Foreigners who violate the administration of public security may be allowed to leave the country within a time limit or be deported. Blocking the loss.

Administrative detention is an administrative punishment for illegal acts, not a criminal punishment for criminal acts. The statutory types of administrative punishments include fines, administrative detention, etc.; The statutory types of criminal penalties include fines, surveillance, criminal detention, etc.

Legal basis] Article 9 of the Administrative Punishment Law of the People's Republic of China.

Types of administrative penalties:

1) Warnings and circulars of criticism;

2) Fines, confiscation of unlawful gains, and confiscation of illegal property;

3) Temporarily withholding licenses, lowering qualification levels, or revoking absolute permits;

4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment;

5) Administrative detention;

6) Other administrative punishments provided for by laws and administrative regulations.

Article 33 of the Criminal Law of the People's Republic of China.

The types of principal punishments are as follows:

a) control; 2) Short-term detention;

3) fixed-term imprisonment;

4) life imprisonment;

5) The death penalty. Article 34.

The types of supplementary penalties are as follows:

a) Fines; 2) deprivation of political rights;

3) Confiscation of property.

Supplementary sentences may also be applied independently.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Administrative detention is an act of violating the Public Security Administration Law and is an administrative punishment. Administrative detention refers to an administrative punishment imposed by a statutory administrative organ (specifically referring to a public security organ) on a person who violates administrative laws and norms in accordance with the law and restricts his or her personal freedom for a short period of time. Administrative detention is the most severe form of administrative punishment, and is usually applied to situations where serious violations of public security administration do not constitute a crime, and warnings and fines are not sufficient punishments.

The power to adjudicate administrative detention belongs to the public security organs at or above the county level; The time limit is generally less than 10 days, and the heavier ones are not more than 15 days.

1. What is the significance of administrative detention punishment in the law?

Persons in administrative detention will lose their liberty for a short period of time, but they will not be subjected to beating, scolding, and corporal punishment. The law stipulates that administrative detention refers to an administrative punishment in which a statutory administrative organ restricts the personal liberty of a person who violates the norms of administrative law for a short period of time in accordance with the law. Administrative detention is the most severe form of administrative punishment, and is usually applied to situations where serious violations of public security administration do not constitute a crime, and warnings and fines are not sufficient punishments.

II. Reasons for Administrative Detention.

Reason for administrative detention: Administrative detention is the most severe administrative punishment, which is usually applied to situations where serious violations of public security administration do not constitute a crime, and warnings and fines are not enough to punish them. Therefore, the law has strict provisions on the conditions and procedures for its establishment and implementation.

The power to adjudicate administrative detention belongs to the public security organs at or above the county level; The time limit is generally less than 10 days, and the heavier ones are not more than 15 days. After the announcement of the decision to detain a friend of the administrative detention, between the period of application for reconsideration and administrative litigation, if the punished person and his relatives find a guarantor or pay a guarantee deposit in accordance with regulations, they may apply to the administrative entity to suspend the execution of administrative detention.

Article 8 of the Administrative Punishment Law of the People's Republic of China: Where citizens, legal persons, or other organizations receive administrative punishments for illegal acts, and their illegal acts cause harm to others, they shall bear civil liability in accordance with law. Where the illegal conduct constitutes a crime and criminal responsibility shall be pursued in accordance with law, administrative punishment must not be substituted for criminal punishment.