After the administrative punishment exceeds 180 days, whether the administrative organ can still enf

According to the Administrative Punishment Law and relevant provisions, after the administrative penalty decision is delivered to the penalized person, there shall be a time limit for the execution or implementation of the punishment, and from the date of the expiration of the period, the administrative organ shall apply to the people's court for compulsory enforcement, or the enforcement organ with the power of enforcement shall enforce it itself or apply to the people's court for compulsory enforcement. Therefore, the concept of more than 180 days is vague and it is not certain whether there is still a right to enforce or to apply for enforcement.

This is what I learned in our local court (according to which, after more than 180 days of administrative penalties, they cannot be enforced):

The time limit for applying for enforcement is calculated from the last day of the performance period provided for in the legal documents, and where the legal documents provide for performance in installments, it is calculated from the last day of each performance period provided.

1. If the parties are legal persons or other organizations, they must apply for enforcement within six months after the legal documents take effect;

2. If all the parties are citizens or one of them is a citizen, they must apply for enforcement within one year after the legal document takes effect;

3. Where the party subject to enforcement does not perform in accordance with the settlement agreement after the parties reach a settlement agreement through negotiation during enforcement, and the applicant applies to the court for the restoration of the original legal document enforcement, the application period for enforcement shall be calculated continuously from the last day of the performance period specified in the settlement agreement;

4. For legally effective administrative judgments, rulings, or mediation documents, the application period is one year if the applicant is a citizen, and 180 days if the applicant is an administrative organ, legal person or other organization;

5. The application period for administrative decisions is 180 days.

That's right! Let's be clear

And 180 days seems to be only counted as working days, so you have to figure out what those holidays have to deduct.

Can you make things clearer.

Legal analysis: If the applicant is a citizen, the time limit for applying for the enforcement of the effective administrative judgment, administrative ruling, administrative compensation judgment and administrative compensation mediation is 1 year, and the applicant is an administrative agency, legal person or other organization for 180 days. Where the application is overdue, the people's court will not accept it unless there is a legitimate reason.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 51: Where a party fails to perform on an administrative punishment decision within the time limit, the administrative organ that made the administrative punishment decision may employ the following measures:

1) Where fines are not paid when due, an additional fine of 3% of the amount of the fine is to be imposed for each day;

2) In accordance with the provisions of law, auction off sealed or seized property or transfer frozen deposits to offset fines;

The three servants applied to the people's court to enforce the escort talk.

Where the time limit has been exceeded and is not discovered in the administrative punishment, the punishment is not to be given again. According to Article 29 of the Administrative Punishment Law, if the illegal act is not discovered within two years, no administrative punishment shall be given.

Except as otherwise provided by law. The time period provided for in the preceding paragraph is calculated from the date on which the illegal conduct occurred; Where the illegal conduct is in a continuous or continuing state, it is calculated from the date on which the conduct ends.

How to deal with exceeding the time limit for administrative punishment reconsideration.

According to the laws of our country, the handling methods are different according to the reasons for exceeding the reconsideration period, as follows: 1In the event of force majeure or justifiable reasons, the application period shall continue to run from the date on which the obstacle is removed.

2.Where the application for administrative reconsideration is exceeded by its own reasons, an administrative lawsuit may be filed in accordance with the provisions of law, except in the case of pre-reconsideration or final reconsideration. The laws of our country stipulate that citizens, legal persons, or other organizations shall file an administrative lawsuit with the people's court within six months from the date on which they know or should know that the administrative act has been taken.

How long is the administrative organ's time limit for applying for compulsory enforcement of administrative punishments.

If the applicant is a citizen, the time limit for applying for the enforcement of an effective administrative judgment, administrative ruling, administrative compensation judgment and administrative compensation mediation document is 1 year, and 180 days if the applicant is an administrative organ, legal person or other organization. The time limit for applying for non-promotion is calculated from the last day of the performance period determined in the legal document, and where the legal document does not provide for a time limit for performance, it is calculated from the date on which the legal document is delivered to the parties. Where the application is overdue, the people's court will not accept it unless there is a legitimate reason.

How to extend the administrative punishment beyond the time limit.

Where the time limit for administrative punishment is exceeded, the parties may apply for an extension, and the extension may be granted upon approval by the administrative organs. According to article 52 of the Administrative Punishment Law, if a party truly has financial difficulties and needs to postpone or pay the fine in installments, the payment may be suspended or paid in installments upon the application of the party concerned and the approval of the administrative organ.

What to do if the penalty period of the Administrative Punishment Law is exceeded.

If the penalty period provided for in the Administrative Punishment Law is exceeded, an administrative penalty shall be given for the illegal act of not transporting the elderly. Article 29 of the Administrative Punishment Law of the People's Republic of China: Where illegal acts are not discovered within two years, no administrative punishment shall be given.

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

Where the time limit has been exceeded and is not discovered in the administrative punishment, the punishment is not to be given again. According to Article 29 of the Administrative Punishment Law, if the illegal act is not discovered within two years, no administrative punishment shall be given.

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

Where an administrative penalty is applied to the court for compulsory enforcement, the normal application period of 180 days is 180 days, and the court shall issue an enforcement notice to the person subject to enforcement within 10 days after accepting the application for compulsory enforcement, and the enforcement period shall be completed within 6 months from the date of application.

1. Article 51 of the "Administrative Punishment Law" Where a party fails to perform on an administrative punishment decision within the time limit, the administrative organ that made the administrative punishment decision may employ the following measures:

1) Where fines are not paid when due, an additional fine of 3% of the amount of the fine is to be imposed for each day;

2) In accordance with the provisions of law, auction off sealed or seized property or transfer frozen deposits to offset fines;

3) Apply to the people's court for compulsory enforcement.

II. Article 88 of the Supreme People's Court's Interpretation on Several Issues Concerning the Enforcement of the "Administrative Litigation Law of the People's Republic of China" stipulates that an administrative organ's application to the people's court for compulsory enforcement of its specific administrative act shall be submitted within 180 days from the date of the statutory time limit for filing a lawsuit by the person subject to enforcement. Where the application is overdue, the people's court will not accept it unless there is a legitimate reason.

After accepting the application for enforcement, the court shall issue an enforcement notice to the person subject to enforcement within 10 days, requiring the person subject to enforcement to perform the obligations determined in the award within the time limit specified in the enforcement notice.

3. Article 226 of the Civil Procedure Law: Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.

The time limit for applying for compulsory enforcement of an administrative penalty decision is three months from the date on which the period for reconsideration or litigation expires. If the penalized person does not remedy his rights and interests within the statutory time limit and refuses to perform, the administrative organ without the right to enforce may request the court to enforce Shi Jingshi within the said time limit.

[Legal basis].

Article 72 of the Administrative Punishment Law of the People's Republic of China, which came into force on July 15, 2021.

Where parties fail to perform on an administrative punishment decision within the time limit, the administrative organ that made the administrative punishment decision may employ the following measures:

3) Employing other methods of administrative compulsory enforcement in accordance with the provisions of law;

4) Apply to the people's court for compulsory enforcement in accordance with the provisions of the "Administrative Compulsion Law of the People's Republic of China".

Article 53 of the Administrative Coercion Law of the People's Republic of China.

Where a party does not apply for administrative reconsideration or initiates an administrative lawsuit within the statutory time limit, and does not perform on the administrative decision, the administrative organ that does not have the power of administrative compulsory enforcement may apply to the people's court for compulsory enforcement in accordance with the provisions of this chapter within three months from the date of expiration of the draft time limit.

Article 54.

Before administrative organs apply to the people's courts for compulsory enforcement, they shall urge the parties to perform their obligations to disperse the elderly. Where the parties still do not perform their obligations 10 days after the written reminder is served, the administrative organ may apply to the people's court with jurisdiction for compulsory enforcement at the place where it is located; If the object of enforcement is immovable property, apply to the people's court with jurisdiction in the place where the immovable property is located for compulsory enforcement.