Is the police station an administrative entity? Does the police station have the qualifications of a

Police stations have the qualifications of administrative entities, but they are not administrative entities.

Dispatched agencies generally do not have the qualifications of administrative entities, and can only independently exercise administrative functions and powers within the scope of authorization when authorized by laws and regulations. The Law of the People's Republic of China on Public Security Administration Penalties gives the police the power to impose warnings and fines of up to 500 yuan for violations of public security administration.

From this point of view, the police station has the qualification of an administrative subject. In other words, it is only solely responsible for the warnings and fines of less than 500 yuan it has made in the field of public security administration, and other acts it has taken should still be regarded as the acts of the public security organs dispatched by it because they are not expressly authorized by law, and the public security organs shall bear the legal consequences.

It is only a dispatched agency of the Public Security Bureau. Therefore, the Public Security Bureau is an independent administrative body. If a police station infringes upon the lawful rights and interests of the counterpart in the course of performing its duties and causes damage, if the counterpart wants to file an administrative lawsuit (note, not an administrative reconsideration), then the defendant of the party should be the public security bureau.

The police station may give a warning or a fine of up to 500 yuan.

If you don't exceed your authority, you are still yourself, and if you don't exceed your authority, you are your superior;

Examples:1The police station fined 300 yuan, and the reconsideration organ was itself;

2.a fine of 600 yuan, which was reconsidered by the organ or itself;

3.The police station imposes administrative detention, and the reconsideration organ is the public security bureau at the higher level.

Another: If the C police station of city and county B is fined 300 yuan, then you can only apply to the public security bureau of county B for reconsideration, not to the town **.

If the police station of city and county B is detained, the public security bureau of B is the organ to be reconsidered, and it can apply to the public security bureau of county B or A for reconsideration.

The University of Law should be reinstated in the new year.

Public security police substations are dispatched organs of public security organs, and do not have the qualifications to be independent administrative punishment entities unless authorized by laws and regulations. The main body of administrative punishment is the administrative organ, but the administrative organ does not automatically enjoy the power of administrative punishment. Non-administrative organs may also become the subject of administrative punishment when authorized by laws and regulations.

An organization in which the administrative subject can exercise the administrative power of the state in its own name and can independently bear the corresponding legal responsibilities arising therefrom, from which three criteria are decomposed:

1. Authority, that is, the independent possession and exercise of administrative power;

2. Able to take administrative actions in their own name;

3. Responsibility, bear the legal responsibility arising from the administrative activities it takes. For example, the defendant in the lawsuit, the respondent in reconsideration, the compensation obligation authority, etc.

Among them, the final standard established is not the responsibility of the sun, and the power and fame are not necessarily the administrative organs, but the responsibilities must be the administrative organs.

Legal basis] Law of the People's Republic of China on Public Security Administration Punishments

Article 9: Public security administrative punishments are to be decided by the people's public security organs at or above the county level; Among them, warnings and fines of less than 500 yuan can be decided by the public security police station. Article 93: Public security organs investigating and handling public security cases may make a public security administrative punishment decision where there is no personal statement, but other evidence can prove the facts of the case. However, where there is only one's own statement and no other evidence to prove it, a public security administrative punishment decision cannot be made.

Article 94: Before public security organs make a public security administrative punishment decision, they shall inform the violator of the public security administration of the facts, reasons, and basis for the public security administrative punishment, and inform the violator of the rights enjoyed by the violator of the public security administration in accordance with law.

Persons who violate the administration of public security have the right to make statements and defenses. The public security organs must fully hear the opinions of the person who violated the administration of public security, and shall conduct a review of the facts, reasons, and evidence submitted by the person who violated the administration of public security; Where the facts, reasons, or evidence submitted by the violator of the administration of public security are sustained, the public security organs shall.

Public security organs must not increase punishment on the basis of statements or defenses made by persons who violated the administration of public security.

Legal Analysis: No. The police station is the dispatched agency of the public security organ, and does not have the qualification of an independent administrative entity unless authorized by laws and regulations. However, the police station has the qualification to be the subject of administrative punishment for warnings and fines of less than 500 yuan, which is prescribed by law.

Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 91 Public security administrative penalties shall be decided by the people's ** public security organs at or above the county level; Among them, the fine of a high warning and a fine of less than 500 yuan can be decided by the public security police station.