Understanding of Article 48 of the Administrative Punishment Law 15

It may be confiscated on the spot in accordance with the provisions of Article 47.

The separation of payment of fines is a constraint on administrative punishment and a means to protect citizens' rights, therefore, as a public authority, I personally believe that we should strictly abide by the law and not indulge citizens to give up their rights. Moreover, even if there is an emergency, it does not affect the payment of the fine, since the time limit prescribed by law is fifteen days. If you don't have time, you can also entrust someone else to pay on your behalf.

This situation is exceptional and deserves special treatment. Here, special circumstances should be recorded, and then reported to the leader in charge for approval.

Article 48: [Collecting fines on the spot at the request of the parties].

In remote, water-based, or inaccessible 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.

Interpretation]: This article is a provision for the collection of fines on the spot at the request of the parties. In remote, water-based, or inaccessible areas, after the administrative organ and its law enforcement personnel have made a decision to impose a fine in accordance with law, if the party concerned believes that it is indeed practical for him to go to a designated bank to pay the fine, the party concerned may propose to pay the fine on the spot, and upon request by the party, the administrative organ and its law enforcement personnel may collect the fine on the spot.

Without a party's request to pay the fine on the spot, the administrative organ and its law enforcement personnel must not collect it on the spot against the party's wishes.

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.

So the second item of Article 47 can be confiscated on the spot, hehe, no problem. After the seizure on the spot, write down the reason, the specific and simple process and the legal basis for the seizure on the spot, which is the above one, and report it to the leader as soon as possible and hand it over to your unit for accounting treatment.

Each province has a situation in each province and gives you a **:

You can find it yourself and see if you can find an explanation for your province.

Legal analysis: Article 42 of the Administrative Punishment Law is about the relevant provisions of the administrative punishment of the enforcement personnel, the administrative punishment of Chi Ying brother should be implemented by law enforcement personnel with administrative law enforcement qualifications, and the law enforcement personnel shall not be less than two people, law enforcement personnel in the implementation of administrative punishment to enforce the law in a civilized manner, respect and protect the legitimate rights and interests of the parties. Administrative punishment is to ensure and supervise the effective implementation of administrative management by administrative organs, maintain public interests and social order, and protect the legitimate rights and interests of citizens, legal persons or other organizations, so the implementation of administrative penalties should be carried out by specialized administrative law enforcement personnel and cannot be less than two people, which is also conducive to protecting the legitimate rights and interests of the parties.

Legal basis: Article 42 of the "Administrative Punishment Law of the People's Republic of China" Administrative punishment shall be carried out by law enforcement personnel with administrative law enforcement qualifications. There must not be less than two law enforcement personnel, except as otherwise provided by law.

Law enforcement personnel shall enforce the law in a civilized manner, respecting and protecting the lawful rights and interests of the parties.

Article 42 of the Administrative Guess Punishment Law is about the relevant provisions of the administrative punishment of the executive of the Zhao Youxing personnel, the administrative punishment shall be carried out by law enforcement personnel with the qualifications of law enforcement personnel, and the law enforcement personnel shall not be less than two people, law enforcement personnel shall be civilized in the implementation of administrative punishments, respect and protect the legitimate rights and interests of the parties.

Article 42 of the Administrative Punishment Law stipulates that the hearing procedure refers to the process in which an administrative organ hears the statements and defenses of the parties before making an administrative punishment decision, and the participants in the hearing procedure interrogate, debate and refute each other on relevant issues, so as to ascertain the facts. The hearing procedure gives the parties the right to defend themselves, and provides procedural conditions for the parties to fully protect and protect their rights and interests. According to Article 42 of the "Administrative Punishment Law" [Hearing Procedures] Before an administrative organ makes an administrative punishment decision such as ordering the suspension of production or business, revoking permits or licenses, or imposing a relatively large fine, it shall inform the parties of their right to request a hearing; Where parties request a hearing, the administrative organ shall organize a hearing.

The parties shall not bear the costs of the administrative organ's organization of the hearing. Hearings are organized in accordance with the following procedures: (1) Where a party requests a hearing, it shall be submitted within three days of being notified by the administrative organ; (2) The administrative organ shall notify the parties of the time and place of the hearing seven days before the hearing; (3) Hearings are held in public, except where state secrets, commercial secrets, or personal privacy are involved; (4) The hearing is to be presided over by a non-informed investigator designated by the administrative organ; Where the parties feel that the presiding officer has a direct interest in the case, they have the right to apply for recusal; (5) The parties may attend the hearing in person, or may entrust one or two persons**; (6) When holding a hearing, investigators present facts, evidence, and recommendations for administrative punishment of the parties' violations; The parties make defenses and cross-examine evidence; (7) A record shall be made of the hearing; The record shall be given to the parties to sign or affix a seal after being reviewed and corrected.

Where parties have objections to administrative punishments restricting personal liberty, it is to be implemented in accordance with the relevant provisions of the Public Security Administration Punishment Regulations. Legal basis: Article 42 of the "Administrative Punishment Law of the People's Republic of China" Before an administrative organ makes an administrative punishment decision such as ordering the suspension of production and business, revoking permits or licenses, or imposing a relatively large fine, it shall inform the parties of their right to request a hearing; Where a party requests a hearing, the administrative organ shall organize a hearing.

The parties shall not bear the costs of the administrative organ's organization of the hearing. Hearings are organized in accordance with the following procedures: (1) Where a party requests a hearing, it shall be submitted within three days of being notified by the administrative organ; (2) The administrative organ shall notify the parties of the time and place of the hearing 7 days before the hearing; (3) Hearings are held in public, except where state secrets, commercial secrets, or personal privacy are involved; (4) The hearing is to be presided over by personnel designated by the administrative organ who are not investigators in the case; Where the parties feel that the presiding officer has a direct interest in the case, they have the right to apply for recusal; (5) The parties may attend the hearing in person, or may entrust one or two persons**; (6) When holding a hearing, investigators present facts, evidence, and recommendations for administrative punishment of the parties' violations; The parties make defenses and cross-examine evidence; (7) A record shall be made of the hearing; The record shall be given to the parties to sign or affix a seal after being reviewed and corrected.

Where parties have objections to administrative punishments restricting personal liberty, it is to be enforced in accordance with the relevant provisions of the Public Security Administration Punishment Law.

Article 42 of the Administrative Punishment Law is about the relevant provisions of the enforcement personnel of administrative punishments, administrative punishments shall be carried out by law enforcement personnel with administrative law enforcement qualifications, and law enforcement personnel shall not be less than two people, law enforcement personnel shall be civilized in the implementation of administrative punishments, respect the lead land and protect the legitimate rights and interests of the parties.