What is the time limit for investigation and evidence collection in the procedures for handling admi

1. Understanding of case filing. According to the first paragraph of Article 29 of the Administrative Punishment Law of the People's Republic of China, "if the illegal act is not discovered within two years, no administrative punishment shall be given."

Except as otherwise provided by law. The second paragraph stipulates: "The time limit provided for in the preceding paragraph is calculated from the date on which the illegal act occurred; Where the illegal conduct is continuous or continuous, it is calculated from the date on which the conduct ends.

In the author's opinion, the term "illegal acts" here refers to all the facts and evidence of illegal acts. If the facts are not clear and the evidence is credible and sufficient, it cannot be regarded as an illegal act, but only a suspicion of violating the law. Where there is suspicion of violating the law and the requirements for filing a case are met, the case shall be promptly filed.

In other words, if the illegal act is not filed within two years, it will not be investigated.

2. The time limit for the investigation and evidence collection procedures in cases of administrative violations that have already been filedThe laws promulgated by the National People's Congress and its Standing Committee do not have clear provisions, but there may be explicit provisions in various localities or departments. For example, Article 36 of the Provisions on Forestry Administrative Punishment Procedures stipulates that: "Forestry administrative punishment cases shall be completed within one month from the date of filing; It may be extended with the approval of the administrative director, but not more than three months; Under special circumstances, if it cannot be completed within three months, it shall be submitted to the forestry administrative department at a higher level for approval and may be extended.

The "completion of the process" here includes the investigation and collection of evidence, and the specific period of "extendable" has not been determined.

There are no clear regulations at this time.

1. How many hours should be filed for illegal acts discovered during administrative inspections.

1. The illegal acts found during the administrative inspection shall be filed within 7 days, that is, the administrative organ for industry and commerce shall verify and decide whether to file the case within 7 working days from the date of receipt of the complaint, appeal, report and other materials transferred by the organ and handed over by the superior organ.

2. Legal basis: Article 29 of the Administrative Punishment Law of the People's Republic of China.

Where the illegal conduct is not discovered within two years, an administrative punishment is no longer to be given. The starting date is calculated from the date of occurrence of the violation; Where the illegal conduct is continuous or continuous, it is calculated from the date on which the conduct ends.

2. Has the statute of limitations for administrative offenses expired for state compensation?

When the State Compensation Act expires, the State will not make compensation. According to the provisions of the relevant laws, the statute of limitations for a claimant to request state compensation is two years, calculated from the date on which he knew or should have known that the acts of the state organ and its staff members violated their personal rights and property rights when they exercised their professional and intellectual powers, except that the period of detention or other restrictions on personal liberty is not counted. Where a request for compensation is submitted at the same time as an application for administrative reconsideration or an administrative lawsuit, the provisions of the Administrative Reconsideration Law and the Administrative Litigation Law on the statute of limitations apply.

Where the claimant for compensation is unable to exercise the right to claim compensation due to force majeure or other obstacles within the last six months of the statute of limitations, the statute of limitations is suspended. The limitation period for claims for compensation shall continue to run from the date on which the reasons for the suspension of the statute of limitations are eliminated.

Analysis of the law of Fazen and Zen: the illegal acts found during the administrative inspection shall be filed within 7 days, that is, the administrative organ for industry and commerce shall verify and decide whether to file the case within 7 working days from the date of receipt of complaints, appeals, reports and materials transferred by other organs and assigned by the higher authorities.

Legal basis: Article 36 of the "Administrative Punishment Law" If the illegal act is not discovered within two years, no administrative punishment shall be given; Where citizens' lives, health, safety, or financial security are involved and there are harmful consequences, the above period is extended to five years. Except as otherwise provided by law.

The time period provided for in the preceding paragraph is calculated from the date of the occurrence of the violation; Where the illegal conduct is continuous or continuous, it is calculated from the date on which the conduct ends.

Provisions on Procedures for Handling Administrative Cases by Public Security OrgansArticle 232 Article 233 Where, after investigation, it is discovered that an administrative case has any of the following circumstances, the investigation shall be terminated with the approval of the responsible person at or above the public security police substation, the case-handling department of the county-level public security organ, or the exit/entry border inspection organ: (1) There are no facts of violation; (2) The illegal conduct has already been foolishly ruined; (3) The suspect has died; (4) Other situations where it is necessary to terminate the investigation. When the investigation is terminated, where the suspect has already been subjected to administrative compulsory measures, it shall be immediately lifted.

Article 72 of the Public Security Organs' Procedural Provisions for Handling Administrative Cases: Questioning of suspects of violations, persons who have been violated or violated by the law, or other witnesses, shall be conducted individually.

1. Where the public security organs need to investigate and collect evidence in an administrative case, they shall do so in accordance with the following procedures:

1) When public security organs collect or collect evidence from relevant units and individuals, they shall inform them that they must truthfully provide evidence, and inform them of the legal responsibility they should bear for fabricating, concealing, or destroying evidence, and providing false testimony.

2) Where it is necessary to collect evidence from relevant units and individuals, with the approval of the responsible person for the case-handling department of the public security organ, issue a notice of evidence collection, clarifying the evidence to be collected and the time limit for providing it. The person being transferred shall affix a seal or sign the notice, and where the person being transferred refuses, the public security organs shall note this. When necessary, the public security organs shall use methods such as audio or video recordings to fix the content of the evidence and the process of collecting evidence.

3) Where it is necessary to urgently collect evidence from the relevant units, the public security organs may, at the same time as informing the people's police of their identities, send the notice of evidence collection to the relevant units along with a copy of the people's police ID card of the people's police handling the case through fax, internet communication tools, or other means.

2. Legal Disturbance as Legal Basis: Article 28 of the "Provisions on the Procedures for Handling Administrative Cases by Public Security Organs".

1. What does the legitimacy of evidence include?

1. Legitimacy of evidence - legitimacy of the subject:

The subject of evidence is legitimate. The subject of evidence refers to the individual or unit that forms the content of the evidence, and the subject of evidence is legal, which means that the subject of the evidence must meet the requirements of the law. The illegality of the subject will also lead to the illegality of the evidence.

The legal requirements for the subject of evidence are also to ensure the authenticity of the evidence. Therefore, according to the characteristics of the evidence, the law stipulates corresponding requirements for the subject of evidence for certain evidence. For example, a person who cannot correctly express his will cannot be a witness, and the subject who makes the appraisal conclusion must have the relevant appraisal qualifications, etc.

2. Legitimacy of evidence - legitimacy of form:

The form of evidence is legal. The legitimacy of the form of evidence refers to the fact that as evidence, it is not only required to be true in content, but also to comply with the requirements of the law in form. For example, the certification documents submitted by the unit to the court must be signed or sealed by the person in charge of the unit and stamped with the seal of the unit; Guarantee contracts, mortgage contracts, etc., need to be proved in writing.

3. Legitimacy of evidence - legal way of obtaining:

The evidence was obtained in a lawful manner. Whether the evidence collected by the parties can be used as evidence for the court to determine the facts of the case also depends on whether the method of obtaining the evidence materials complies with the provisions of the law. The law stipulates that the method of obtaining evidence must be lawful, in order to protect the legitimate rights of others, and to protect Li Jian from being infringed upon because of the illegal acquisition of evidence.

4. Legitimacy of evidence - legitimacy of procedures:

The evidentiary procedure is lawful. In order for evidentiary materials to be used as evidence, they must also go through certain litigation procedures, and without going through the procedures prescribed by law, the evidence still cannot be used as the basis for determining the case. This procedure is the cross-examination of evidence.

Evidence shall be presented in court, and the parties shall debate it. Evidence that has not been debated cannot be used as the basis for determining the facts of the case. Evidence that the parties accept and record in the case file during the course of exchanging evidence may be directly used as the basis for determining the facts of the case without going through debate after the adjudicators explain it at trial.