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Administrative penalties are not networked across the country. Administrative penalties are basically kept by the law enforcement department.
Administrative punishment is a form of administrative sanction, and the administrative entity with the power of administrative punishment is to safeguard the public interest and social order, protect the legitimate rights and interests of citizens, legal persons or other organizations, and lawfully impose legal sanctions on the administrative counterpart for violating administrative laws and regulations but not constituting a crime.
Administrative punishment procedures are the methods and steps for state administrative organs to impose sanctions on counterparts who violate the norms of administrative law and are not sufficient for criminal punishment in accordance with the law.
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Administrative penalties are networked nationwide. If you have received an administrative penalty in place A, you can also find it in place B.
Administrative punishment refers to the specific administrative act of an administrative entity in accordance with its statutory authority and procedures to give administrative sanctions to a counterpart who violates the norms of administrative law and has not yet constituted a crime.
The characteristics of administrative punishment are: the subject of administrative punishment is the administrative organ as the administrative subject and the organization authorized by laws and regulations; The targets of administrative punishments are citizens, legal persons, or other organizations that have committed acts that violate administrative laws and norms; The nature of administrative punishment is a specific administrative act with sanctions for the purpose of punishing violations.
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No, so far there has been no administrative penalty for a national network.
Even the punishment given by the best traffic police in the network is only most of the national network.
Other administrative punishments are basically kept in the archives of the law enforcement department.
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Administrative penalties are not networked nationwide, only the penalties of traffic police are networked
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Hehe, I asked several police officers on duty, and they all said that they were connected, and some said that they were not connected.
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Administrative punishments will be included in the national public security network.
At present, all provinces, municipalities, and municipalities have established police information systems, requiring all police information to be entered on the Internet, especially information on public security penalties and criminal cases that have been cracked. Administrative punishment refers to the conduct of administrative organs to punish citizens, legal persons, or other organizations that violate the order of administrative management in a manner that reduces rights and interests or increases obligations. This is the first time that the definition of "administrative punishment" has been clarified in the form of legislation.
Administrative penalties include the following methods: 1. Warnings and circulars of criticism; 2. Fines, confiscation of illegal gains, confiscation of illegal property; 3. Temporarily withhold licenses, reduce qualification levels, and revoke licenses; 4. Restricting the development of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment; 5. Administrative detention; 6. Other administrative penalties provided for by laws and administrative regulations.
Article 2 of the Administrative Punishment Law: Administrative punishment refers to the conduct of administrative organs to punish citizens, legal persons or other organizations that violate the order of administrative management in a manner that reduces rights and interests or increases obligations.
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Serious administrative punishments will be included in the national public security network.
Legal analysisAs a means of maintaining social peace and rectifying social order in China, administrative punishment is often used by relevant administrative departments in China. Major administrative punishment refers to the administrative punishment in the name of the Municipal Administration and Law Enforcement Bureau (hereinafter referred to as the Municipal Law Enforcement Bureau) that involves the major rights and interests of the administrative counterpart, or has a large social impact and is easy to cause administrative disputes. It is a major administrative punishment and shall be filed for review
For administrative violations in non-business activities, individuals shall be fined more than 500 yuan, and units shall be fined more than 1,000 yuan; impose a fine of more than 20,000 yuan for business administrative violations; Demolition of non-permanent buildings and structures of more than 50 square meters for individuals and more than 100 square meters for units; Other major administrative punishments that shall be submitted for review. Major administrative punishment decisions shall be submitted to the Municipal Legislative Affairs Office for the record within 15 days of the date on which the decision is made. The Policy and Regulation Division of the Municipal Law Enforcement Bureau shall review the major administrative penalties of the following contents:
whether the subject and procedure of the administrative punishment are lawful; whether the facts ascertained are clear, whether the evidence is conclusive, and whether the characterization is accurate; whether the applicable laws, rules and regulations are correct; whether the penalty decision is appropriate; whether the filing report of major administrative punishments is standardized, and whether it complies with the statutory format and requirements; Other content that needs to be reviewed.
Legal basisProvisions on the Filing and Review of Major Municipal Administrative Punishments
Article 5: Major administrative punishment decisions shall be submitted to the Municipal Legislative Affairs Office for the record within 15 days of the date on which the decision is made.
Seventh Municipal Law Enforcement Bureau Policy and Regulation Division of the record of major administrative punishments, on the following content of the review: (A) the subject of administrative punishments, whether the procedures are legal; (2) Whether the facts ascertained are clear, whether the evidence is conclusive, and whether the characterization is accurate; (3) Whether the applicable laws, regulations, and rules are correct; (4) Whether the punishment decision is appropriate; (5) Whether the "Major Administrative Punishment Filing Report" is standardized and complies with the legally-prescribed format and requirements; (6) Other content that needs to be reviewed.
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Legal analysis: People who have not received administrative punishment cannot find records on the public security website.
Legal basis: Law of the People's Republic of China on Public Security Administration Punishments
Article 91: Public security administrative punishments are to be decided by the people's ** public security organs at the county level or above; Among them, warnings and fines of less than 500 yuan may be decided by the public security police station. Article 92:The time for which compulsory measures have been taken to restrict the physical liberty of a person who has already been given a punishment for administrative detention shall be deducted from the time during which compulsory measures have already been taken to restrict his or her personal liberty before the punishment. One day of restriction of personal liberty is offset by one day of administrative detention.
Article 93: Where public security authorities investigate and handle public security cases, they 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 a statement from the person himself, and there is no evidence to prove it, a decision on public security administrative punishment cannot be made.
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Administrative punishments are in the jurisdiction of the internet information content management department for the place where the illegal conduct occurred. The place where the illegal act occurred includes the place where the illegal act was committed, the place of industrial and commercial registration (if the place of industrial and commercial registration is inconsistent with the main place of business, the main place of business shall be followed), the location of the founder, manager and user, the place of network access, the location of computers and other terminal equipment, etc.
Departments for internet information content management at the municipal (prefecture, prefecture) level or below have jurisdiction over cases of administrative punishments for internet information content within that administrative region in accordance with their authority. Provincial, autonomous region, or directly governed municipality departments for internet information content management have jurisdiction over major and complex cases of administrative punishments for internet information content within that administrative region in accordance with their authority. The state departments for internet information content management are to have jurisdiction over cases in which administrative punishments shall be carried out by themselves, as well as model judgments in major and complex administrative punishment cases for internet information content that occur nationwide.
Provincial, autonomous region, or directly governed municipality departments for internet information content management may draft specific provisions on the level of jurisdiction within that administrative region on the basis of laws, regulations, and rules, and in consideration of the actual conditions of that region.
On the basis of article 11 of the "Provisions on Administrative Law Enforcement Procedures for the Reform of Internet Information Content Management", after the higher-level department for internet information content management receives a dispute over jurisdiction or a request for instructions on the designation of jurisdiction, it shall make a decision to designate jurisdiction within 10 working days, and notify the lower-level department for internet information content management in writing.
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Legal analysis: The administrative detention will be recorded on the Internet within the Public Security Bureau, but this record is not a case record, and it will not affect the future life, and others will not be able to find it.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 286: Where a person was under the age of 18 at the time of the crime and was sentenced to up to five years imprisonment, the relevant criminal record shall be sealed. Where criminal records have been sealed, they must not be provided to any unit or individual, except where judicial organs are needed to handle the case or where relevant units conduct inquiries in accordance with state provisions.
Units conducting inquiries in accordance with law shall keep confidential the circumstances of the criminal records that have been sealed.
According to Article 8 of the Administrative Punishment Law, the types of administrative penalties are: >>>More
First, the Regulations on the Handling of Medical Accidents, the Law of the People's Republic of China on Medical Practitioners, and the Regulations on the Management of Medical Records of Medical Institutions stipulate that it is strictly forbidden for anyone to alter, forge, conceal, destroy, snatch, or steal medical records. According to Article 58 of the Regulations on the Handling of Medical Accidents and Article 37 of the Law of the People's Republic of China on Medical Practitioners, the former provides: >>>More
1. Order the infringement to cease immediately;
2. Confiscation and destruction of infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks; >>>More
They can take two remedies: administrative reconsideration and administrative litigation to protect their own rights and interests. >>>More
Search: About the time limit for each type of administrative punishment. When is it time to terminate? Please be specific. Thank you