Is a subpoena an administrative coercive measure?

Public security summons is not an administrative coercive measure. According to Article 9 of the Administrative Coercion Law, the types of administrative coercive measures are: (1) restricting citizens' personal freedom; (2) Sealing up places, facilities, or property; (3) Seizure of property; (4) Freezing deposits and remittances; (5) Other administrative compulsory measures.

It is an administrative coercive measure. and the summons shall not exceed 12 hours.

Yes, it is for criminal suspects and defendants, and it is divided into oral summons and written summons.

Legal Analysis: Compulsory summons is not an administrative coercive measure. According to Article 9 of the Administrative Coercion Law, the types of administrative coercive measures:

1) Restricting citizens' personal freedom; (2) Sealing up places, facilities, or property; (3) Seizure of property; (4) Freezing deposits and remittances; (5) Other administrative compulsory measures.

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

1) Restricting citizens' personal freedom;

2) Sealing up places, facilities, or property;

(3) Seizure of property;

(4) Freezing deposits and remittances;

5) Other administrative compulsory measures.

China's "Public Security Administration Punishment Law" stipulates three types of public security summons: summons by summons, oral summons and compulsory summons. Summonses, summonses, and oral summons are only specific administrative acts made by the public security organs, and are not mandatory. Compulsory summons is an administrative coercive measure that restricts personal liberty and is an administrative coercive measure.

Legal basis: Article 82 of the "Public Security Administration Punishment Law of the People's Republic of China" stipulates that where it is necessary to summon a person who violates the administration of public security to be investigated, a summons warrant shall be used to summon him with the approval of the person in charge of the case-handling department of the public security organ. People's police may summon persons discovered at the scene for violations of the administration of public security upon presentation of their work identification, but this shall be noted in the interrogation record.

The public security organs shall inform the person who was summoned of the reason and basis for the summons. A person who does not accept a summons without a legitimate reason or evades a summons may be compulsorily summoned.

1. Is the summons an administrative coercive measure?

1. Administrative summons is not an administrative coercive measure, and summons is only a means of investigation, and the purpose is to interrogate suspects who violate the law. In cases of administrative punishment, where the administrative organs may summon the suspect for violating the law, after the parties are summoned, the parties must appear in the case on time to be investigated, and if not, the case may be compulsorily summoned.

2. Legal basis: Article 67 of the "Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs".

Where it is necessary to summon a suspect to be investigated, a summons warrant is to be used upon approval of the person in charge of a public security police substation, a case-handling department of a public security organ at the county level or above, or an exit/entry border inspection organ. People's police may orally summon suspects discovered at the scene upon presentation of their people's police cards, and note in the interrogation record the circumstances of the suspect's arrival, arrival, and time of departure.

Where units violate public security administrative provisions and need to summon their directly responsible managers and other directly responsible personnel, apply the provisions of the preceding paragraph.

Suspects who violate the administration of public security or exit/entry without a legitimate reason or who evade summons, as well as other suspects who may be compulsorily summoned by law, may be compulsorily summoned upon approval of the public security police substation, the case-handling department of a public security organ at the county level or above, or the responsible person of the exit/entry border inspection organ. When compelling summonses, handcuffs, police ropes, or other restraint police equipment may be used in accordance with law.

The public security organs shall inform the summoned person of the reasons and basis for the summons, and notify their families. The public security organs are to notify the family of the summoned person to apply the provisions of item (5) of paragraph 1 of article 55 of these Provisions.

2. What are the types of administrative coercive measures?

The types of administrative coercive measures are as follows:

1. Restricting citizens' personal freedom;

2. Sealing up places, facilities or property;

3. Seizure of property;

4. Freeze deposits and remittances

5. Other administrative coercive measures.

Legal Analysis: The law stipulates three types of public security summons: summons by warrant, verbal summons and compulsory summons. Summonses, summonses, and oral summons are only specific administrative acts made by the public security organs, and are not mandatory.

Compulsory summons is an administrative coercive measure that restricts the personal freedom of rulers, and is an administrative coercive measure.

Legal basis: Article 9 of the Administrative Coercion Law stipulates that the types of administrative coercive measures are: (1) restricting citizens' personal freedom;(2) Sealing up places, facilities, or property; (3) Seizure of property; (4) Freezing deposits and remittances; (5) Other administrative compulsory measures.

Legal Analysis: No, summons is an investigative measure of the public security organs. Criminal suspects who do not need to be arrested or detained may be summoned to a designated location in the city or county where the criminal suspect is located or to his residence for interrogation, but the people's procuratorate or public security organ's supporting documents shall be presented.

Legal basis: Article 110 of the Criminal Procedure Law of the People's Republic of China: Criminal Procedure Law of the People's Republic of China: Criminal suspects who do not need to be arrested or detained may be summoned to a designated location in the city or county where the criminal suspect is located or to his place of residence for interrogation, but a certificate from the people's procuratorate or public security organ shall be presented. Criminal suspects discovered at the scene may be summoned orally upon presentation of their work identification, but this shall be noted in the interrogation record.

The duration of the summons or custodial summons must not exceed 12 hours; Where the circumstances of the case are especially major or complex, and it is necessary to employ measures of detention or arrest, the duration of the summons or custodial summons must not exceed 24 hours. Criminal suspects must not be covertly detained in the form of continuous summons or custodial summonses. When summoning or custodial summons, the criminal suspect's diet and necessary rest time shall be ensured.