How to cite the legal basis when making enforcement documents

1. Procedural and substantive legal basis for law enforcement results; 2. Entity before procedure; 3. Law before judicial interpretation.

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According to the provisions of Article 1 of the Law of the People's Republic of China, the administrative counterpart has been how to be, so it is divided by how the punishment is.

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1. Administrative law enforcement: Law enforcement in a broad sense corresponds to legislation, while administrative law enforcement is law enforcement in a narrow sense. Administrative law enforcement refers to the activities of state administrative organs, law-entrusting organizations and their public employees exercising administrative power and implementing the laws formulated by the state legislature on the basis of the separation of legislative, law enforcement and judicial functions in modern times.

2. Categories of administrative law enforcement: Administrative law enforcement is roughly divided into ten categories: administrative licensing, administrative punishment, administrative compulsion, administrative expropriation, administrative payment, administrative confirmation, administrative ruling, administrative compensation, administrative reward, and administrative supervision and inspection.

Article 7 of the Law of the People's Republic of China on Administrative Punishments: Citizens, legal persons, or other organizations enjoy the right to make statements and defenses against administrative punishments given by administrative organs; Those who are dissatisfied with the administrative punishment have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with law. Where citizens, legal persons, or other organizations suffer harm as a result of administrative organs illegally giving administrative punishments, they have the right to demand compensation in accordance with law. Article 6 of the "Administrative Punishment Law of the People's Republic of China" The implementation of administrative punishments and correction of illegal conduct shall adhere to the model of combining punishment and education, and educate citizens, legal persons, or other organizations to consciously abide by the law.

1. Relevant laws and regulations: The content and basis of administrative law enforcement documents shall be based on relevant laws and regulations. These laws and regulations may include the Constitution, administrative law, administrative law enforcement law, administrative punishment law, and specific administrative regulations.

2. The basis of the authority of the administrative organ: The administrative law enforcement document shall clearly indicate the basis of the law enforcement authority of the administrative organ. This may include the establishment documents, authorization documents, statutory functions and powers of the administrative organs, etc.;

3. The factual basis of the specific case: The administrative law enforcement document shall clearly list the relevant factual basis based on the investigation and evidence of the specific case. This can include witness statements, investigation reports, appraisal conclusions, on-site investigation records, etc.

There are the following procedures for applying for administrative review:

1. The applicant submits an application for reconsideration;

2. After accepting the application, the reconsideration organ shall send a copy or photocopy of the reconsideration application to the respondent within seven days;

3. The respondent shall submit a written reply within 10 days after receiving the relevant materials;

4. The reconsideration organ shall conduct review and investigation, and put forward and pass the reconsideration opinion;

5. The reconsideration organ shall prepare a reconsideration decision.

The following materials are required for administrative reconsideration:

1. Application for reconsideration;

2. A copy of the applicant's ID card;

3. Legal documents for the respondent to take specific administrative acts;

4. If you entrust another person to apply for administrative reconsideration on your behalf, you must also submit a power of attorney; A copy of the trustee's ID card; If the lawyer **, a copy of the lawyer's letter and lawyer's certificate shall also be submitted;

5. Other necessary materials.

To sum up, the legitimacy and effectiveness of administrative law enforcement documents are closely related to whether they have an appropriate legal basis. If the legal basis of the administrative law enforcement document is unclear or unlawful, the subject of the law enforcement may appeal or file a lawsuit through legal channels to request the revocation or revocation of the corresponding administrative decision. Therefore, when using administrative law enforcement documents, administrative organs must ensure that the legal basis of the documents is legal and compliant, so as to maintain fair and lawful administrative law enforcement procedures.

Legal basis]:

Article 59 of the Law of the People's Republic of China on the Punishment of False Administration.

In accordance with the provisions of Article 57 of this Law, administrative punishment shall be given, and an administrative punishment decision shall be drafted. The administrative punishment decision shall indicate the following matters:

1) The names and addresses of the parties;

2) Facts and evidence of violations of laws, regulations, or rules;

3) The type and basis of administrative punishments;

4) The methods and time limits for the performance of administrative punishments;

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

6) The name of the administrative organ that made the administrative punishment decision and the date on which the decision was made.

The administrative punishment decision must bear the seal of the administrative organ that made the administrative punishment decision.