Initiation of the administrative penalty system v, administrative punishment procedures are stipulat

The administrative law enforcement procedures are as follows:

1. Issuing or refusing to issue permits, licenses, exemptions or changes in legal obligations, and other acts of confirming or not confirming rights, capacity or legal facts;

2. Protecting or refusing to protect personal rights and property rights in accordance with the law, as well as granting or refusing to grant pensions;

3. Carry out supervision and inspection of the counterpart's return to Wang in accordance with the law;

4. Requiring the counterpart to perform obligations or depriving the counterpart of their rights and capacity in accordance with law;

5. Acts of taking administrative compulsory measures and imposing administrative punishments.

The procedures for administrative punishment are the basic procedures for the implementation of administrative punishments, and the scope of their application is the broadest, and the general procedures should be followed except for administrative punishments implemented by applying summary procedures in accordance with law. The procedures include the procedures for filing a case for investigation and the procedure for reviewing and deciding.

The procedure for administrative punishment includes the following:

1. Case filing and investigation, case filing is the beginning stage of the general procedure, and filing the case first and then investigating and handling it should be the initial requirement of the administrative punishment procedure. Investigation is a means of ascertaining the facts of a case, with the aim of obtaining various pieces of evidence that can prove the facts of the case. Investigation and evidence collection are special activities carried out by administrative organs in accordance with legal procedures for the purpose of ascertaining the facts of the case and collecting evidence in cases that are filed and handled, and are the core procedures for administrative punishment;

2. Review and decision: After the case investigation is completed, the administrative organ shall analyze and judge the facts and evidence obtained, and make a decision on administrative punishment. Before making a penalty decision, the administrative organ shall inform the parties of the facts, reasons, and basis for the proposed administrative punishment decision, and shall inform the parties of their rights to make a statement and a defense in accordance with law.

[Legal basis].

Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs

Article 3: The handling of administrative cases shall be based on the facts and the law shall be the measure. Article 4: The handling of administrative cases shall follow the principles of legality, fairness, openness, and timeliness, respect and safeguard human rights, and protect citizens' personal dignity. Article 7: In handling administrative cases, in areas where ethnic minorities live in large concentrations or where multiple ethnic groups live together, inquiries shall be conducted in the language commonly used in the locality.

For parties who are not proficient in the common spoken and written language of the locality, they shall be provided with an interpreter.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

The administrative punishment procedures are as follows:

1. Summary procedure: For the administrative punishment of a certain amount of fines and warnings, the summary procedure may be applied, and the administrative punishment personnel shall make an administrative punishment decision on the spot;

2. In ordinary procedures, except for cases where an administrative punishment is given on the spot, when an administrative organ gives an administrative punishment, it shall follow certain procedures to file and investigate, and then make an administrative punishment and issue an administrative punishment decision to the person being punished;

3. In the hearing procedure, before the administrative organ makes an administrative punishment that meets the statutory circumstances, it shall inform the parties that they have the right to request a hearing.

Administrative Punishment Law of the People's Republic of China

Article 51: Where the facts of the violation are conclusive and there is a legally-prescribed basis, and an administrative punishment of up to 200 RMB is imposed on a citizen, or up to 3,000 RMB is imposed on a legal person or other organization, an administrative punishment decision may be made on the spot. Where the law has other provisions on deferral, follow those provisions.

Article 54: In addition to the administrative punishments provided for in article 51 of this Law that may be given on the spot, where administrative organs discover that citizens, legal persons, or other organizations have conduct that shall be given administrative punishments in accordance with law, they must comprehensively, objectively, and impartially investigate and collect relevant evidence; When necessary, inspections may be conducted in accordance with the provisions of laws and regulations.

Where the standards for filing a case are met, the administrative organs shall promptly file the case.

1) Relatively large fines;

2) Confiscation of larger amounts of unlawful gains or confiscation of larger value of illegal property;

3) Lowering the level of qualifications or revoking licenses;

4) Ordering the suspension of production and business, ordering closure, or restricting employment;

5) Other heavier administrative punishments;

6) Other circumstances provided for by laws, regulations, or rules.

The parties shall not bear the costs of the administrative organ's organization of the hearing.

With regard to the implementation of administrative punishments: 1. Administrative organs with the power of administrative punishment The administrative organ with the power of administrative punishment must be clearly stipulated by laws, regulations, and regulations, and must be implemented within the scope of statutory authority; 2. Organizations authorized by laws and regulationsOrganizations authorized by laws and regulations have the right to carry out administrative acts within the scope of authorization and become qualified defendants. However, the authorized organization must have the function of managing public affairs; 3. Organizations entrusted by administrative organs The entrusted organization must meet the following requirements:

1) It is a public institution established in accordance with the law to manage public affairs; (2) Have formal staff who are familiar with relevant laws, administrative regulations, local regulations, rules and operations; (3) Have the necessary conditions for technical inspection or technical appraisal.

The Interim Provisions on Administrative Punishment Procedures are formulated for the purpose of regulating administrative punishment activities and protecting the lawful rights and interests of the parties. The provisions mainly include the scope of application, procedures, discretion and other aspects of administrative punishment, and have a strong binding force.

Scope of application: It is applicable to the administrative punishment activities carried out by local administrative organs against enterprises, institutions, citizens and other organizations. 2.

Procedures for administrative punishment: It stipulates the procedures for administrative punishment, including case filing, investigation, hearing, and making administrative punishment decisions, so as to protect the legitimate rights and interests of the parties. 3.

Discretion: The discretionary power of administrative punishment is stipulated, and the principles that administrative organs should abide by in administrative punishment, such as the principle of legal procedure and the principle of discretion of evidence. 4.

How do I apply for an administrative review? Within 60 days from the date of receipt of the administrative punishment decision, the parties may apply for administrative reconsideration to the administrative organ at the next higher level of the administrative organ that made the administrative punishment decision or directly to the administrative reconsideration committee, submit an application for reconsideration and submit relevant evidence.

The Interim Provisions on Administrative Punishment Procedures are important regulations regulating administrative punishment activities, and provide institutional safeguards for promoting the establishment of administrative rule of law. In administrative punishment activities, provisions such as the principles of legally-prescribed procedures and the principle of discretion of evidence shall be followed, to protect the lawful rights and interests of the parties.

[Legal basis].

Article 24 of the Administrative Punishment Law of the People's Republic of China: The party subject to an administrative punishment has the right to apply for administrative reconsideration or file an administrative lawsuit.

Article 36 of the Administrative Punishment Law of the People's Republic of China, except for the administrative punishment that may be imposed on the spot as provided for in Article 33 of this Law, if an administrative organ discovers that a citizen, legal person or other organization has committed an act that should be given an administrative punishment in accordance with the law, it must conduct a comprehensive, objective and impartial investigation, and collect relevant evidence; When necessary, inspections may be conducted in accordance with the provisions of laws and regulations.

1. Case filing: Case filing is an intermediate link between the preliminary investigation procedure and the formal investigation procedure, and it is the beginning procedure for the formal investigation of the suspected illegal acts by the administrative department for industry and commerce. 2. Investigation and evidence collection:

Article 4 of the Administrative Punishment Law stipulates that the establishment and implementation of administrative penalties must be based on facts, which is equivalent to the facts, nature, circumstances and degree of social harm of the illegal act. 3. The audit of audit cases is an important system for the internal supervision and inspection of industrial and commercial administrative organs, and it is a law enforcement supervision function undertaken by legal institutions.

4. Notice: The establishment of a notification procedure in the administrative law enforcement procedure is a concrete embodiment of the principle of openness, impartiality and fairness in China's "Administrative Punishment Law", which is conducive to the administrative counterpart to exercise the right to make a statement and defend in accordance with the law when receiving administrative punishment, and safeguard its legitimate rights and interests. 5. Hearings:

Hearings are an important way for administrative counterparts to exercise their right to make statements and defend themselves under specific conditions, and are an important provision of China's Administrative Punishment Law in general procedures. 6. Administrative punishment decision: The administrative punishment decision is the end of the general procedure, and is the final disposition of the party suspected of violating the law after the case-handling organ files the case, investigates and collects evidence, concludes the investigation, reviews and notifies.

Article 38 of the Administrative Punishment Law of the People's Republic of China concludes the investigation, and the responsible person for the administrative organ shall conduct a review of the results of the investigation, and make the following decisions based on different circumstances:

1) Where there is truly illegal conduct that should be subject to administrative punishment, an administrative punishment decision is to be made on the basis of the severity of the circumstances and the specific circumstances;

2) Where the illegal conduct is minor and administrative punishment may not be given in accordance with law, administrative punishment is not to be given;

3) Where the facts of the violation cannot be established, administrative punishments must not be given;

4) Where the illegal conduct already constitutes a crime, it shall be transferred to the judicial organs.

The responsible person of the administrative organ shall collectively discuss and decide to give a heavier administrative punishment for complex circumstances or major violations.

Before the responsible person for an administrative organ makes a decision, the personnel engaged in the review of the administrative punishment decision shall conduct the review. Personnel in administrative organs who are engaged in the review of administrative punishment decisions for the first time shall obtain legal professional qualifications through the National Uniform Legal Profession Qualification Examination.

Article 32 of the Administrative Punishment Law of the People's Republic of China provides that parties have the right to make statements and defenses. Administrative organs must fully hear the opinions of the parties, and shall conduct a review of the facts, reasons, and evidence submitted by the parties; Where the facts, reasons, or evidence submitted by the parties are sustained, the administrative organs shall.

Administrative organs must not increase punishment because of a party's defense.

Article 31 of the Administrative Punishment Law of the People's Republic of China: Before making an administrative punishment decision, an administrative organ shall inform the parties of the facts, reasons and basis for making the administrative punishment decision, and inform the parties of the rights they enjoy in accordance with law.

The Provisions on Administrative Punishment Procedures uphold the legislative principles and spirit of the Administrative Punishment Law and are formulated in accordance with the Administrative Punishment Law, so it is also necessary to stipulate this principle applicable in substantive law to facilitate the full implementation of the Administrative Punishment Law in the process of standardizing law enforcement procedures. The principle of combining punishment and education reflects the current situation of administrative punishment by administrative subjects, and also reveals the profound connotation of the administrative punishment system and administrative punishment measures.

Lawyer answers. The procedures that are generally applicable to administrative penalties include summary procedures, general procedures, and hearing procedures. The summary procedure and the general procedure are the procedures that the administrative organ shall conduct to impose an administrative penalty on the parties on the basis of facts and evidence, while the hearing procedure is a procedure that the parties may request after the administrative organ intends to make the following administrative punishment decisions.

[Legal basis].Article 51 of the Administrative Punishment Law.

Where the facts of the violation are conclusive and there is a legally-prescribed basis, and an administrative punishment of up to 200 RMB is imposed on a citizen, or up to 3,000 RMB is imposed on a legal person or other organization, an administrative punishment decision may be made on the spot. Where the law provides otherwise, follow those provisions.

Article 54.

In addition to the administrative punishments that may be imposed on the spot as provided for in Article 51 of this Law, where administrative organs discover that citizens, legal persons, or other organizations have committed acts that should be given administrative punishments in accordance with law, they must comprehensively, objectively, and impartially investigate and collect relevant evidence; When necessary, inspections may be conducted in accordance with the provisions of laws and regulations.

Where the standards for filing a case are met, the administrative organs shall promptly file the case.

Article 63.

1) Mingliang is fined a relatively large amount;

2) Confiscation of larger amounts of unlawful gains or confiscation of larger value of illegal property;

3) Lowering the low qualification level of the jujube group and revoking the license.