What are the most basic characteristics of a violation of the administration of public order?

The most basic characteristic of violating the administration of public security is that it is harmful to society and will face penalties for public security administration.

Public security administrative punishments refer to the punishment given by the public security organs for disrupting public order, endangering public safety, infringing on personal rights and property rights, obstructing social management, and being harmful to society, but not sufficient for criminal punishment.

From the perspective of comparative law, China's public security administrative punishment has the following four significant characteristics:

From the perspective of the subject of punishment, China's public security administration punishment implements a "unitary system" punishment system, and China's public security administration punishment power is exercised by the public security organs in a centralized manner.

From the point of view of punishment procedures, China's public security administrative punishment is completely handled by administrative procedures.

From the perspective of sanctions, China's public security administrative penalties are intermediate sanctions. As a relatively heavy administrative punishment, China's public security administrative punishment has a close relationship with criminal punishment. In China's statutory sanction system, public security administrative penalties belong to intermediate sanctions.

From the point of view of the mandatory punishment, the punishment of public security administration in China is mandatory for the police.

1. What are the most basic characteristics of violations of public security administration?

1. The most basic characteristic of violating the administration of public security is social harm. Violations of the administration of public security generally include the following six points:

1) disturb public order;

2) Harm public safety;

4) property rights;

5) Obstructing social management;

6) It is socially harmful.

2. Legal basis: Article 2 of the Law of the People's Republic of China on Public Security Administration Punishments.

Where public order is disrupted, public safety is endangered, personal rights and property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is to be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

2. What is the punishment process for public security administration behaviors.

1. Public security organs shall immediately accept reports, appeals, reports, exposés, renunciations, voluntary surrenders, and illegal acts discovered by units or individuals, ask about the situation, make a record, and conscientiously fill out the "Public Security Case Acceptance Case Registration Form";

2. For accepted cases, if they meet the standards for public security cases after review, they shall be filed for investigation and punishment after approval by the leaders of the case-handling department;

3. Where a warning or a fine of less than 200 yuan is imposed on a person who violates the administration of public security, and the person being punished has no objection, the public security personnel may punish him on the spot;

4. The following procedures shall apply to other punishments for violators of the administration of public security: summons, use of summonses; For those who violate the administration of public security, after being summoned by the public security organs, they shall promptly question and verify the information, and the questioning time shall be 8 hours; Inquire; Forensics; Inform; Punish; Execute.

The most basic characteristic of violating the administration of public security is that it has a certain degree of social harm, causing harm to the legitimate rights and interests of the state, society and citizens; The circumstances are minor and not sufficient to punish the criminal situation; It must be an act that should be punished by public security in accordance with the provisions of the "Regulations on Public Security Administration Punishments".

Content of the Public Security Administration Punishment Regulations:

1. Where public order is disrupted, public safety is endangered, personal rights and property rights are violated, social management is obstructed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility shall be pursued in accordance with law; where it is not sufficient for criminal punishment, the public security organs are to give public security administrative sanctions in accordance with this Law.

2. The security administration punishment must be based on the facts, and be commensurate with the nature, circumstances and degree of social harm of the violation of the public security administration. The implementation of public security administrative punishments shall be open and fair, respect and protect human rights, and protect the dignity of citizens. The handling of public security cases shall adhere to the principle of combining education and punishment.

3. Where the circumstances are minor, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law.

Penalties for violations of public security administration:

Conduct and punishment that disrupts public order shall be given a warning or a fine of up to 200 yuan for any of the following acts; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB.

disrupting the order of organs, groups, enterprises, or public institutions, causing work, production, business, medical treatment, teaching, or scientific research to be unable to proceed normally, and has not yet caused serious losses; Disrupting the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls or other public places.

disturbing the order of buses, trams, trains, ships, aircraft or other means of public transportation; Illegally intercepting, forcibly boarding, or pickpocketing motor vehicles, shedding ships, aircraft, or other means of transport, affecting the normal operation of the means of transport; Disrupting the order of elections conducted in accordance with law. Where a crowd is assembled to carry out the conduct described in the preceding paragraph, the ringleaders are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.