Illegal night snack shops should be enforced under what articles of the law

The main reason for illegal night snack shops is to operate without a license.

In accordance with the provisions of the Measures for the Investigation and Punishment of Unlicensed Business Operations promulgated by Order No. 370 of the People's Republic of China on January 6, 2003, the illegal acts of unlicensed business operations should be investigated and dealt with by the administrative department for industry and commerce.

The following principles should be followed in investigating and dealing with the issue of unlicensed operations:

1. The core point of the principle of combining investigation and guidance is to guide operators to apply for licenses legally;

2. The core point of the principle of combining punishment and education is to enable operators to be educated and realize the illegal nature of their behavior.

3. The principle that the same illegal act shall not be punished more than twice is that in addition to the industrial and commercial administrative organs, the public security, health, quality inspection, environmental protection, drug supervision and other licensing and approval departments shall give more than two fines to the parties for the same illegal act.

4. The principle of preferential application of the industrial and commercial department shall be implemented for the punishment of unlicensed business activities, and the core point is that the industrial and commercial department must investigate and deal with it first.

Setting up stalls on the roadside where stalls are prohibited violates the "Urban Appearance and Harmony.

Regulations on the Administration of Environmental Hygiene.

According to Article 14 of the Regulations on the Administration of Urban Appearance and Environmental Sanitation, no unit or individual shall pile up materials, build buildings, structures or other facilities on both sides of the street and in public places. Due to special needs such as construction, temporary stacking of materials on both sides of the street and public places, erection of non-permanent buildings, structures or other facilities, must be approved by the competent administrative departments of urban people's appearance and environmental sanitation, in accordance with the relevant provisions of the examination and approval procedures.

37th does not meet the standards of urban appearance, environmental sanitation standards of buildings or facilities, by the city people's ** city appearance and environmental sanitation administrative departments in conjunction with the urban planning administrative departments, ordered by the relevant units and individuals within a time limit to renovate or demolish; If it is not renovated or demolished within the time limit, with the approval of the people at or above the county level, the administrative departments of city appearance and environmental sanitation or the administrative departments of urban planning shall organize compulsory demolition, and may be fined.

It is not illegal to set up a stall itself, for example, if you sell things on **, who cares about you? The most important thing is that the place where you set up your stall may infringe on the rights of other rights holders. For example, if you put it in front of a large shopping mall or hotel, it will inevitably affect the legal rights of the large shopping mall or hotel; If you put it on the side of the street, because the sidewalk or street is a public area, it is also a land owned by the owner, and it belongs to public land, then the association of various law enforcement departments, the chengguan, on behalf of the people and all the people, will protect the rights of the rights holders.

In addition, if you set up a stall in a public area, it will inevitably cause environmental pollution, noise pollution and other problems, and you may violate environmental protection laws and regulations. In addition, if you set up a stall, you may be suspected of tax evasion because of your lack of supervision, and you may violate tax laws and regulations.

Roadside stalls are clearly illegal.

1.Roads are for public traffic.

How can it be used for private occupation for profit? This section deals with traffic law 2Doing business without permission and not having to pay taxes, this part involves business regulations and income tax, and the police will also ban roadside vendors on the streets of Taipei.

Of course, they don't smash people's stalls, they don't press the vendors to the ground and beat them, they just pay for fines.

Violation of the Urban Management Planning Regulations

Urban Management Bureau, and in some places City Appearance Bureau.

This kind of problem should be the urban management department.

"Sanhe bai

"One" architecture is one of the typical examples of "multi-du-in-one" architecture.

The definition and type of DAO are: the phenomenon of setting up employee collective dormitories in buildings with workshops or warehouses is called the "three-in-one" phenomenon, and all buildings integrating production (operation), storage, residence and other functions are called "three-in-one" buildings. There are mainly the following types:

1. Set up employee collective dormitories in industrial buildings such as factories and warehouses, which mainly exist in some small and medium-sized enterprises.

2. Set up workshops and warehouses in civil buildings, which mainly exist in some individual enterprises and family workshops.

3. Civil buildings integrate shops, warehouses and accommodations, which mainly exist in individual industrial and commercial households.

Article 15 of the Fire Protection Law of the People's Republic of China clearly stipulates that "in buildings with workshops or warehouses, collective dormitories for employees shall not be set up. In a building with a workshop or warehouse, where a collective dormitory for employees has been set up, it shall be resolved within a time limit.

For those who have temporary difficulties, necessary fire safety measures shall be taken, and they may continue to be used after approval by the public security and fire protection agencies. ”

Article 9 of the Administrative Coercion Law stipulates the types of administrative coercive measures, including [seizure of property] and [other administrative coercive measures].

The legal basis for other administrative coercive measures is as follows:

1. Article 55, Paragraph 1, Item (4) of the Trademark Law:

2. Article 18, Paragraph 1 (4) of the Product Quality Law:

The product quality supervision department at or above the county level may exercise the following functions and powers when investigating and dealing with suspected violations of this law on the basis of evidence or reports that have been obtained:

4) Seal or seize products that are found to be inconsistent with national or industry standards for the protection of human health and personal and property safety, or other products with serious quality problems, as well as raw and auxiliary materials, packaging, and production tools directly used in the production or sale of the product. ”

3. Article 9 (5) of the Measures for the Investigation and Punishment of Unlicensed Operations:

When the administrative department for industry and commerce at or above the county level investigates and cracks down on suspected unlicensed business activities, it may exercise the following functions and powers: (5) Seal up or seize tools, equipment, raw materials, products (commodities) and other property specially used to engage in unlicensed business activities. ”

4. Article 14 of the Regulations on the Prohibition of Pyramid Selling stipulates:

When the administrative department for industry and commerce at or above the county level investigates and handles suspected pyramid selling acts, it may take the following measures: consult, copy, seal, or seize relevant contracts, bills, account books, and other materials suspected of pyramid selling; Sealing and seizing products (commodities), tools, equipment, raw materials, and other property ...... suspected of being used exclusively for pyramid schemes”

According to the Administrative Coercion Law of the People's Republic of China:

Article 9: Types of administrative compulsory measures: (1) restricting citizens' personal freedom; (2) Sealing up places, facilities, or property; (3) Seizure of property; (4) Freezing deposits and remittances; (5) Other administrative compulsory measures.

Article 22: Sealing and seizure shall be carried out by the administrative organs provided for by laws and regulations, and must not be carried out by any other administrative organ or organization.

Article 23: Sealing or seizure is limited to venues, facilities, or property involved in the case, and must not be sealed or seized venues, facilities, or property unrelated to the illegal conduct; The daily necessities of individual citizens and their dependents must not be sealed or seized. Where a party's premises, facilities, or property have already been sealed by other state organs in accordance with law, they must not be sealed repeatedly.

Article 24: Where administrative organs decide to carry out sealing or seizure, they shall perform the procedures provided for in article 18 of this Law, and draft and deliver the sealing or seizure decision and list on the spot. The decision on sealing or seizure shall indicate the following matters:

1) The names and addresses of the parties;

2) The reasons, basis, and time limit for sealing or seizure;

3) The name and quantity of the sealed or seized place, facility, or property;

4) The channels and time limits for applying for administrative reconsideration or initiating administrative litigation;

5) The name, seal, and date of the administrative organ. The list of seals and seizures is to be kept in duplicate by the parties and the administrative organs.

Article 25: The period for sealing or seizure must not exceed 30 days; Where the situation is complicated, it may be extended with the approval of the responsible person for the administrative organ, but the extension period must not exceed 30 days. Except as otherwise provided by laws and administrative regulations. The parties shall be promptly notified in writing of the decision to extend the sealing or seizure, and the reasons shall be explained.

Where it is necessary to conduct testing, inspection, quarantine, or technical appraisal of items, the period of sealing or seizure does not include the period of testing, inspection, quarantine, or technical appraisal. The period for testing, inspection, quarantine or technical appraisal shall be clearly defined and the parties shall be informed in writing. The costs of testing, inspection, quarantine or technical appraisal shall be borne by the administrative organs.

The Administrative Coercion Law of the People's Republic of China does not stipulate the circumstances under which seizure measures may be taken, but only stipulates that administrative organs have the right to take administrative compulsory measures, and the specific measures shall be determined by the administrative organs according to the actual situation.

The specific provisions of the "Administrative Compulsion Law of the People's Republic of China" are as follows:

1. Article 2: "Administrative compulsion" as used in this Law includes administrative compulsory measures and administrative compulsory enforcement.

"Administrative compulsory measures" refers to the conduct of administrative organs in the course of administrative management to temporarily restrict citizens' personal liberty in accordance with law, or to temporarily control the property of citizens, legal persons, or other organizations, in order to stop illegal acts, prevent the destruction of evidence, avoid the occurrence of harms, and control the expansion of dangers.

"Administrative compulsory enforcement" refers to the conduct of administrative organs or administrative organs applying to the people's courts to compel the performance of obligations in accordance with law against citizens, legal persons, or other organizations that do not perform on administrative decisions.

2. Article 9: Types of administrative compulsory measures:

1) Restricting citizens' personal freedom;

(2) Sealing up places, facilities, or property;

(3) Seizure of property;

(4) Freezing deposits and remittances;

(5) Other administrative compulsory measures.

3. Article 27: After administrative organs employ sealing or seizure measures, they shall promptly ascertain the facts and make a disposition decision within the time limit provided for in article 25 of this Law. confiscate illegal property that is clear in the facts of the violation and shall be confiscated in accordance with law; where laws or administrative regulations provide that it shall be destroyed, it shall be destroyed in accordance with law; Where the sealing or seizure shall be lifted, a decision is to be made to lift the sealing or seizure.

In accordance with article 47 of the "Administrative Punishment Law of the People's Republic of China", an administrative punishment decision is made on the spot in accordance with the provisions of article 33 of this law, and in any of the following circumstances, law enforcement personnel may collect fines on the spot:

1) A fine of up to 20 RMB is given in accordance with law;

2) It is difficult to enforce after the fact that it is not collected on the spot.

Article 48: In remote, watery, or inconvenient areas, after an administrative organ and its law enforcement personnel make a decision to impose a fine in accordance with the provisions of Articles 33 and 38 of this Law, and the parties have real difficulties in paying the fines to the designated banks, the administrative organs and their law enforcement personnel may collect the fines on the spot upon the parties' request.

Article 49: Where administrative organs and their law enforcement personnel collect fines on the spot, they must issue to the parties a receipt for fines uniformly issued by the finance department of the province, autonomous region, or municipality directly under the Central Government; If the fine receipt issued by the financial department is not issued, the party concerned has the right to refuse to pay the fine.

Article 50: Fines collected by law enforcement personnel on the spot shall be handed over to the administrative organs within 2 days of the date on which the fines are collected; Fines collected on the spot on the water shall be handed over to the administrative organ within 2 days of the date of arrival; The administrative organ shall pay the fine to the designated bank within two days.

Article 47: In any of the following circumstances, law enforcement personnel may collect fines on the spot in accordance with the provisions of article 33 of this Law where an administrative punishment decision is made on the spot:

1) A fine of up to 20 RMB is given in accordance with law;

2) It is difficult to enforce after the fact that it is not collected on the spot.

Article 48: In remote, watery, or inconvenient areas, after an administrative organ and its law enforcement personnel make a decision to impose a fine in accordance with the provisions of Articles 33 and 38 of this Law, and the parties have real difficulties in paying the fines to the designated banks, the administrative organs and their law enforcement personnel may collect the fines on the spot upon the parties' request.

Article 20 of the People's Police Law stipulates that the people's police are obliged in terms of professional ethics. The people's police must do the following: enforce the law impartially and do things fairly; Exemplary compliance with social morality and other obligations.

According to article 20 of the "People's Police Law of the People's Republic of China", the people's police must do the following:

1) Enforce the law impartially and act fairly;

2) Exemplary observance of social morality;

3) Be polite and civilized;

4) Respect the customs and habits of the people.

Article 21: People's police encountering violations of citizens' personal or property safety or other situations of distress shall immediately provide assistance; Assistance shall be given to citizens who request the resolution of disputes; Cases of citizens reporting to the police shall be promptly investigated and handled. People's police shall actively participate in emergency rescue and disaster relief and public interest work.

The police are required to be exemplary in the observance of social morality.

Relatively centralized administrative punishment power refers to an administrative law enforcement system in which the administrative punishment power of two or more administrative organs is concentrated and exercised by one administrative organ in accordance with the law, and the original administrative organ is not allowed to exercise the centralized administrative punishment power.

The reform of the relatively centralized administrative punishment power originated from the "Administrative Punishment Law of the People's Republic of China" promulgated in 1996, Article 16 of the law stipulates that "the people of the province, autonomous region and municipality directly under the Central Government authorized by *** may decide on an administrative organ to exercise the administrative punishment power of the relevant administrative organ".

**The power to punish vertical leadership organs and the power to punish those restricting personal liberty must not be exercised centrally.