What is the authority to confiscate the company s illegal gains?

The people's courts are to enforce the confiscation of unlawful gains in accordance with law. In addition, in cases of major crimes such as corruption, bribery, or terrorist activities, where the criminal suspect or defendant has gone into hiding and cannot be brought into the case after one year of being wanted, or where the criminal suspect or defendant has died, and his unlawful gains and other assets involved in the case shall be recovered in accordance with the provisions of the Criminal Law, the people's procuratorate may submit an application to the people's court for confiscation of the unlawful gains. Where the public security organs find that there are provided circumstances, they shall write an opinion on confiscation of unlawful gains and transfer it to the people's procuratorate.

Applications for confiscation of unlawful gains shall provide evidentiary materials related to the facts of the crime and unlawful gains, and list the type, quantity, and location of the property, as well as the circumstances of sealing, seizure, or freezing.

When necessary, the people's courts may seal, seize, or freeze property for which an application for confiscation is made.

Article 280: In cases of major crimes such as corruption, bribery, or terrorist activities, where the criminal suspect or defendant has fled and cannot be brought into the case after one year of being wanted, or where the criminal suspect or defendant has died and his unlawful gains and other assets involved in the case shall be recovered in accordance with the provisions of the Criminal Law, the people's procuratorate may submit an application to the people's court for confiscation of the unlawful gains.

Where public security organs find that there are circumstances provided for in the preceding paragraph, they shall write an opinion on confiscation of unlawful gains and transfer it to the people's procuratorate.

Applications for confiscation of unlawful gains shall provide evidentiary materials related to the facts of the crime and unlawful gains, and list the type, quantity, and location of the property, as well as the circumstances of sealing, seizure, or freezing.

When necessary, the people's courts may seal, seize, or freeze property for which an application for confiscation is made.

The decision to confiscate unlawful gains is to be enforced by the organ that made it. According to the law, if the relevant state administrative organ does not have the power of enforcement, it may apply to the court for compulsory enforcement.

Legal analysis: According to the provisions of the Administrative Punishment Law and other laws and regulations, the confiscation of illegal gains is a property penalty in administrative punishment, so it is an administrative punishment.

Legal basis: Article 8 of the Administrative Punishment Law of the People's Republic of China stipulates that the types of administrative punishments are: (1) warnings; (2) Fines; (3) Confiscation of unlawful gains and confiscation of illegal property; (4) Ordering the suspension of production and business; (5) Temporarily withholding or revoking permits, or suspending or revoking licenses; (6) Administrative detention; (7) Other administrative punishments provided for by laws and administrative regulations.

Legal analysis: confiscation of illegal gains is one of the types of punishments for repentance, and the types of administrative penalties are: (1) warnings; (2) Fines; (3) Confiscation of unlawful gains and confiscation of illegal property; (4) Ordering the suspension of production and business; (5) Temporarily withholding or revoking permits, or suspending or revoking licenses; (6) Administrative detention; (7) Other administrative punishments provided for by laws and administrative regulations.

Legal basis: Article 9 of the Administrative Punishment Law of the People's Republic of China

1) Warnings and circulars of criticism;

2) Fines, confiscation of unlawful gains, and confiscation of illegal property;

3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses;

4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment;

5) Administrative detention;

6) Other administrative punishments provided for by laws and administrative regulations.

Legal Analysis: Confiscation of unlawful gains refers to the punishment method in which administrative organs or judicial organs lawfully deprive the illegal offenders of the ownership of the illegally obtained property by using the compulsory measures granted by national laws and regulations.

According to the provisions of the "Administrative Punishment Law" and other laws and regulations, the confiscation of illegal gains is a property penalty in the administrative punishment, so it belongs to the administrative punishment.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 8 The types of administrative punishments are: (1) warnings, 2) fines, 3) confiscation of illegal gains and confiscation of illegal property, 4) orders to suspend production and business, 5) temporary withholding or revocation of permits, temporary withholding or revocation of licenses, 6) administrative detention, 7) other administrative punishments provided for by laws and administrative regulations.

"Confiscation of unlawful gains" refers to the punishment method whereby an administrative organ or judicial organ lawfully deprives the offender of all illegally obtained property by using the compulsory measures conferred by state laws and regulations to punish him of all the rights to illegally obtain property.

According to the Administrative Punishment Law and other laws and regulations, the confiscation of illegal gains is a property penalty in administrative punishment, so it is an administrative punishment.

Legal basis: Article 8 of the Administrative Punishment Law of the People's Republic of China The types of administrative punishments are: (1) warnings, 2) fines, 3) confiscation of illegal gains and confiscation of illegal property, 4) orders to suspend production and business, 5) temporary seizure or revocation of licenses, temporary seizure or revocation of licenses, 6) administrative detention and retention, 7) other administrative punishments provided for by laws and administrative regulations.

Article 9 of the Administrative Punishment Law of the People's Republic of China provides for the types of administrative punishments: (1) warnings and circulars of criticism; 2) Fines, confiscation of unlawful gains, and confiscation of illegal property; 3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses; 4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment; 5) Administrative detention; 6) Other administrative punishments provided for by laws and administrative regulations.

1) Warnings and circulars of criticism; 2) Fines, confiscation of unlawful gains, and confiscation of illegal property; 3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses; (4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment; 5) Administrative detention; (6) Other administrative punishments provided for by laws and administrative regulations. Bridge big.

Hello Cong Peihu! I'm glad to answer for you, the law is based on: Article 112 of the "Provisions on the Procedures for Handling Administrative Cases by Public Security Organs", the period of seizure, detention, and sealing is 30 days, and if the situation is complicated, it may be extended for 30 days with the approval of the responsible person of the public security organ at or above the county level; Except as otherwise provided by laws and administrative regulations.

Where the period for seizure, detention, or sealing is extended, the parties shall be promptly notified in writing and the reasons explained. Where it is necessary to conduct an appraisal of the items, the period for the appraisal is not included in the period of seizure, detention, or sealing, but the parties shall be informed in writing of the period for the evaluation.

What is the situation here?

1. Whether A exceeding 2 times the normal price constitutes an illegality.

It is normal to exceed the highest approved by the ** department. If it is more than ten times the purchase price, it is a windfall profit. It is an offence.

According to the provisions of the "Provisions on Administrative Punishment of Illegal Acts", if a business operator violates the provisions of Article 14 of the ** Law and uses false or misleading means to tease Sun Min to induce consumers or other business operators to trade with him, he shall be ordered to make corrections, confiscate the illegal gains, and impose a fine of less than 5 times the illegal gains.

2. What are the types and provisions of the Administrative Punishment Law?

Provisions of the Administrative Punishment Law: The types of administrative punishments include warnings, fines, confiscation of illegal gains, confiscation of illegal property, orders to suspend production and business, temporary seizure or revocation of licenses, suspension or revocation of licenses, administrative detention, etc. Provisions on the establishment of administrative penalties:

Administrative regulations may set administrative penalties other than restrictions on personal liberty.

3. What are the types of administrative punishments?

The types of administrative punishments are as follows: 1. Warnings. 2. Fines.

3. Confiscation of illegal gains. Characteristics of statistical administrative punishments: 1. The subject of statistical administrative punishment can only be statistical law enforcement and inspection organs at all levels; 2. The punished behavior is an act that violates statistical laws and norms; 3. Statistical administrative punishment is a category of administrative sanctions, which is only applicable to statistical administrative violations, and is not applicable to civil violations and statistical crimes, which is different from civil penalties and criminal penalties; 4. The target of punishment is the person who has committed statistical violations such as false reporting and concealment of statistical data.

Article 9 of the Administrative Punishment Law of the People's Republic of China Types of administrative punishments:

1) Warnings and circulars of criticism;

2) Fines, confiscation of unlawful gains, and confiscation of illegal property;

3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses;

4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment;

5) Administrative detention;

6) Other administrative punishments provided for by laws and administrative regulations.