How to deal with the disagreement between two law enforcement officers in the Administrative Law Enf

If there is indeed a controversy, and the scene is not a serious violation, then you can release it first and then discuss it afterwards, if it is a serious violation, then you can temporarily detain it, and then combine the circumstances to make an argument.

When it comes to administrative enforcement, the will of two law enforcement officers is not the same, first you have to make sure. The seriousness of the matter, the size of the matter, if the seriousness of the matter, is small. That's half the difference, if it is.

If it's serious, then you have to ask you, who do I listen to the opinions of the two of you? Yes. Or in the morning.

their leadership. to deal with it.

There's always one positive and one pair, right? It all depends on who has the right to sign, right? If neither of them decides, then report to the leadership for a ruling.

It is also normal to have a disagreement with a colleague at work. Because everyone's thinking logic is different, the perception of each thing may also be different. So the results of the treatment are naturally different.

But if it is law enforcement, there should be no such contradiction, because law enforcement officers deal with things according to the relevant legal provisions, so they have no final deviation. If there is a difference of opinion at that time, but they can negotiate. Finally, the final conclusion is made in accordance with the provisions of the law.

Disagreement does not mean that their opinions are reasonable and legitimate, as an administrative law enforcement department should act in accordance with the law, rather than to enforce the law with personal opinions and opinions, and advise those who enforce the law not to know the law and break the law, let alone use personal opinions to enforce the law with private emotions, which will cause unfair law enforcement, cause misunderstanding and disharmony.

1. Now that the information is so convenient, the two of them only need to call ** and ask the superiors of the two team members to solve it quickly.

2. Both of them will not deal with it for the time being, keep the evidence, and make a consensus after going back to make a disposition opinion.

It depends. There must be a person in charge of on-site disposal, otherwise you can request from the leader.

If the two law enforcement officers have different opinions, then they must have listened to the captain. Just say it depends on the opinion of the leader.

Judicial law enforcement: people's courts, people's procuratorates.

Administrative law enforcement: public security system, industrial and commercial system, taxation system (including national and local taxation), technical supervision bureau, health bureau, tobacco monopoly bureau, land bureau, real estate management bureau and other more than 30 law enforcement agencies.

When an administrative organ implements administrative compulsory measures, it is correctly stated that two or more administrative law enforcement personnel should carry it out.

In accordance with the Administrative Coercion Law of the People's Republic of China.

Article 18: Administrative organs carrying out administrative compulsory measures shall comply with the following provisions:

1) Before implementation, it must be reported to the responsible person of the administrative organ and approved;

B) by two or more administrative law enforcement personnel;

Legal analysis: If a party refuses to make a record of the questioning, as long as the evidence is sufficient, an administrative punishment decision may be made, and it does not affect the issuance of an advance notice of administrative punishment.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 37: When administrative law enforcement personnel conduct investigations or inspections, the parties or relevant personnel shall truthfully inquire about the suspects, and assist in the investigation or inspection, and shall not obstruct them. A record shall be made of the questioning or inspection.

But it didn't rot to apply to the court for enforcement. For legally effective civil judgments and rulings, the parties must perform them. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The period for the execution of the application is two years. To apply for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the 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.

The people's court at the level above may order the original people's court to enforce it within a set period of time, and may also decide to have that court enforce or order another people's court to enforce it.

Article 236 of the Civil Procedure Law stipulates that the parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

Legal analysis: The parties often do not accept the investigation or do not truthfully in order to avoid punishment, but this does not affect the implementation of administrative punishment. The basic requirements for the facts of administrative punishment are that the subject is qualified, the facts are clear, the evidence is conclusive, the law is correctly applied, the procedures are lawful, and the punishment is appropriate.

If you can do this, you can impose an administrative penalty if the person does not cooperate. Of course, if you can't even determine the facts of the violation without the cooperation of the parties, you just hope that the parties themselves admit that they have violated the law, and you can only solve the problem by improving your own law enforcement ability and law enforcement level. Why is it necessary to have the parties cooperate under normal circumstances?

In fact, it was just for the purpose of making the "Interrogation Record". This is because the parties will be informed of their right to make statements and defenses and recusal when they make a record of the investigation and questioning. If the other party is not informed of these rights, it does not meet the procedural requirements in the Administrative Punishment Law, that is, the procedure is illegal.

However, in practice, the failure of the parties to submit to the investigation can be regarded as a waiver of the exercise of these rights. However, the administrative organ should also have a form of notification, usually by serving a "Notice of Rights" stating the facts of the violation that have been determined and the rights enjoyed by the parties concerned, and if they do not cooperate with the investigation within the specified time, it will be deemed to have waived their rights and recognized the facts of the violation.

Legal basis

Law of the People's Republic of China on Administrative Punishments" Article 37: Parties or relevant persons shall truthfully inquire and assist in the investigation or inspection, and must not obstruct them.

If the law enforcement personnel of the administrative organ have a situation of unfair law enforcement, they may report it to the law enforcement agency, and may also apply for administrative reconsideration to the law enforcement organ to request the administrative organ to supervise the law enforcement behavior

Legal sedan source basis:

Administrative Reconsideration Law of the People's Republic of China Article 9 Where a citizen, legal person or other organization believes that a specific administrative act infringes upon its lawful rights and interests, it may submit an application for administrative reconsideration within 60 days from the date on which it becomes aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days.

Where the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.

The Integrated Enforcement Bureau is to cooperate with other departments in enforcing the law.

Responsibilities of the Integrated Enforcement Bureau:

In fact, it is to centralize the urban law enforcement functions within their respective scopes owned by the leading institutions in China's cities in the past, including city appearance and environmental sanitation, urban planning management (punishment for illegal construction without a license), road traffic order (punishment for illegal occupation of roads), industrial and commercial administration (punishment for unlicensed operation), municipal management, and management of public utilities.

Urban water supply management, parking management, landscaping management, environmental protection management, construction site management (including demolition site management), urban river and lake management, black cars, black tour guides and other matters that need to be dispatched for law enforcement. All the rights to punish those who are required by laws, regulations and rules in the field of housing and urban-rural construction.

In terms of environmental protection management, the administrative punishment power of social life noise and lead pollution, construction noise pollution, construction dust pollution, catering service industry oil smoke pollution, and open-air barbecue pollution. In terms of environmental protection management, the city has the right to impose administrative penalties on smoke and odor pollution such as asphalt and plastic waste, smoke and dust pollution such as open burning of straw and fallen leaves, and pollution from fireworks and firecrackers.

In terms of business administration, the right to impose administrative penalties on outdoor public places operating without a license and setting up outdoor advertisements in violation of regulations. In terms of traffic management, the right to impose administrative penalties for illegal parking of motor vehicles on urban roads. In terms of water management, it has the right to impose administrative penalties for dumping waste and garbage into urban rivers, taking soil in violation of regulations, and demolishing illegal buildings in urban rivers.

In the process of administrative law enforcement, what should I do if the other party does not accept the handling opinion? Do not accept the opinion, how to deal with it has stripe provisions? It's useless for him to accept it himself, you have a striped thing, press the stripe half.

According to the provisions of the Administrative Punishment Law, if a party fails to perform an administrative penalty decision within the time limit, the administrative organ that made the administrative penalty decision may take the following measures: (1) if the fine is not paid when due, an additional fine shall be imposed on 3 per day of the amount of the fine; (2) In accordance with the provisions of the law, auction off the sealed or seized property or transfer the frozen deposit to offset the fine; (3) Apply to the people's court for compulsory enforcement.

At present, there are no mandatory provisions in the Labor and Social Security Law on the auction of sealed or seized property or the transfer of frozen deposits to offset fines. In the course of a labor security administrative punishment decision, if the party concerned neither performs the labor security administrative punishment decision within the statutory time limit, nor submits an application for extension or installment performance, or the application submitted by the party is not approved, the labor security administrative organ may take the following enforcement measures in accordance with law:

1) If the fine is not paid when due, an additional fine shall be imposed according to 3 of the amount of the fine per day;

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

Regulations on the Supervision of Labor and Social Security.

If the employer and the worker fail to apply for reconsideration within the time limit, and do not file a lawsuit and do not implement the decision, the labor inspection agency may apply to the people's court for compulsory enforcement.