No law, no administration What are the requirements for administrative penalties

Administrative punishment belongs to the scope of administrative law, which is the law that regulates disputes between state administrative organs and non-state organs (including natural persons, unit legal persons, and civil formal associations), which is different from civil law and criminal law.

With regard to administrative penalties, administrative law has strict procedural, subject, and subject requirements, in short, "lawful administration". Administrative organs shall carry out activities in accordance with the authorization of the law, and without the express authorization of the law, the administrative organ shall not make adverse administrative actions.

Specific requirements: 1. Types of administrative punishments:

a) Warning; (2) Fines; (3) Confiscation of unlawful gains and confiscation of illegal property; (4) Ordering the suspension of production and business; (5) Temporarily withholding or revoking permits, or suspending or revoking licenses; (6) Administrative detention; (7) Other administrative punishments provided for by laws and administrative regulations.

2. Authority to set penalties:

1. The law may set various administrative penalties. 2. Administrative regulations may set administrative penalties other than restrictions on personal freedom. 3. Local regulations may set administrative penalties other than restricting personal freedom and revoking an enterprise's business license.

4. The rules formulated by the Ministry and the Committee may make specific provisions within the scope of the acts, types and ranges of administrative punishments prescribed by laws and administrative regulations. 5. The rules formulated by the people of provinces, autonomous regions and municipalities directly under the Central Government, the people of the cities where the people of the provinces and autonomous regions are located, and the people of larger cities approved by the provinces and autonomous regions may make specific provisions within the scope of the acts, types and ranges of administrative punishments provided for by laws and regulations.

3. Organs for the implementation of administrative punishments.

1. Administrative punishments are to be imposed by administrative organs with administrative punishment powers within the scope of their statutory authority. 2. In accordance with the provisions of laws, regulations, or rules, administrative organs may, within the scope of their legally-prescribed authority, entrust organizations that meet the requirements of article 19 of this Law to carry out administrative punishments. Administrative organs must not entrust other organizations or individuals to carry out administrative punishments.

IV. General Procedural Requirements for Administrative Punishments.

1. [Prerequisites for Punishment] Where citizens, legal persons, or other organizations violate the order of administrative management and shall be given administrative punishment in accordance with law, the administrative organ must ascertain the facts; Where the facts of the violation are unclear, administrative punishments must not be given. 2. [Obligation to Inform Notice]Before making an administrative punishment decision, administrative organs 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. 3. [Rights of Parties] The 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. 4. Administrative organs must not increase punishment because of the parties' defenses.

The above are some basic administrative penalty requirements, I don't know if you have figured it out!

There is no law that is no administration, and the requirements for administrative punishment are: punishment according to law. That is, where administrative punishments are given, they are to be carried out in accordance with the provisions of laws, regulations, or rules, and by the administrative organs in accordance with the prescribed procedures.

Where there is no legally-prescribed basis or legally-prescribed procedures are not followed, the administrative punishment is invalid.

It means that the administrative subject must abide by the law in the process of exercising administrative power, and the administrative activities carried out by the administrative subject must comply with the provisions of the law (including the provisions of authority, substantive and procedural provisions) and shall not contradict the law, and the illegal acts shall be invalid or revoked, and the violators must bear the corresponding legal responsibility.

1. Where citizens, legal persons or other organizations violate the order of administrative management and shall be given administrative punishments, they shall be provided for by laws, regulations or rules in accordance with this Law, and shall be carried out by administrative organs in accordance with the procedures provided for in this Law.

2. Where there is no statutory basis or legal procedures are not followed, the administrative punishment is invalid.

To administer according to law, the highest criterion is the Constitution!

Legal Analysis: Local regulations cannot set administrative penalties for restricting personal freedom or revoking an enterprise's business license.

Legal basis: Administrative Punishment Law of the People's Republic of China Administrative Punishment Law Article 11 Local regulations may set administrative penalties other than restricting personal freedom and revoking an enterprise's business license. Where laws and administrative regulations have already made provisions on administrative punishments for illegal acts, and local regulations need to make specific provisions, they must be provided for within the scope of the acts, types, and ranges of administrative punishments provided for in the laws and administrative regulations.

Summary. Legal analysis: Administrative punishment is a kind of punishment measure of the state for illegal acts, and it is a necessary means to maintain social order and public interests.

If there is no administrative punishment, then illegal acts will not be effectively restrained and punished, and social order will be difficult to maintain. Administrative penalties can also serve as a warning, reminding citizens to abide by laws and regulations and avoid the occurrence of illegal acts. Of course, administrative punishment also needs to follow legal procedures and principles, and cannot abuse power or infringe on the legitimate rights and interests of citizens.

It is necessary for the law to set various administrative penalties, but it also needs to be continuously improved and adjusted in practice to ensure its fairness and effectiveness. <>

Hello dear, happy to answer for you! It is reasonable for the law to set various administrative penalties.

Legal analysis: Administrative punishment is a kind of punishment measure of the state for illegal acts, and it is a necessary means to maintain social order and public interests. If there is no administrative punishment, then illegal acts will not be effectively restrained and punished, and social order will be difficult to maintain.

Administrative penalties can also serve as a warning, reminding citizens to abide by laws and regulations and avoid the occurrence of illegal acts. Of course, administrative punishment also needs to follow legal procedures and principles, and cannot abuse power or infringe on the legitimate rights and interests of citizens. It is necessary for the law to set various administrative penalties, but it is also necessary to constantly improve and adjust them in practice to ensure their fairness and effectiveness.

Big red flower hail let].

Legal basis: Administrative penalties are implemented in accordance with the provisions of the law, not arbitrarily set by shouting to stop spring. The type and extent of administrative punishment should be comprehensively considered based on factors such as the nature, circumstances, and impact of the violation of the law, so as to ensure the fairness and reasonableness of the administrative punishment. <>

The law may set various limits on administrative penalties. Specifically, administrative regulations may set administrative penalties other than restricting personal liberty to impose large fines, local regulations may set administrative penalties other than restricting personal liberty and revoking business licenses, and where laws and administrative regulations have not yet been formulated, departmental rules may set administrative penalties such as warnings, circulars of criticism, or fines of a certain amount for violations of administrative management order.

Article 11 of the Administrative Punishment Law of the People's Republic of China may set administrative punishments other than restrictions on personal freedom. Where the law has already made provisions on administrative punishment for illegal acts, and administrative regulations need to make specific provisions, they must be provided for within the scope of the acts, types, and scope of administrative punishments prescribed by law. Where the law does not provide for administrative punishment for illegal conduct, administrative regulations may supplement administrative punishments for the purpose of implementing the law.

Where it is proposed to supplement the establishment of punishments for the establishment of pure tours, opinions shall be widely heard through means such as hearings and debate meetings, and a written explanation shall be made to the formulating organ. When administrative regulations are submitted for filing, they shall explain the circumstances of supplementing the administrative punishment.

The law may set various administrative penalties and restrictions. Specifically, administrative regulations can set administrative penalties other than restricting personal freedom, local regulations can set administrative penalties other than restricting personal freedom, revoking business licenses, or beside the sail, and if laws and administrative regulations have not yet been formulated, departmental rules may set administrative penalties such as warnings, circulars of criticism, or a certain amount of fines for violations of administrative management order.

The illegal acts that are not subject to administrative punishment shall have the following types:

First, where a mentally ill person commits an illegal act when he is unable to recognize or control his own behavior, he shall not be given administrative punishment, but the punishment organ shall order the guardian to strictly guard and **.

Second, where perpetrators under the age of 14 commit illegal acts, they are not to be punished because they have not reached the age of responsibility for administrative punishment.

Non-punishment refers to the fact that the actor's conduct does not constitute an illegal act that should be subject to administrative punishment, or that the actor has committed an illegal act, but is exempted from punishment for legally-prescribed reasons. The illegal acts that are not subject to administrative punishment shall have the following types:

First, where a mentally ill person commits illegal conduct when he is unable to recognize or control his or her own behavior, administrative punishment is not to be given, but the puniting organ shall order the guardian to strictly supervise and supervise him. Intermittent mentally ill persons who are mentally normal and can recognize or control their own behavior shall be responsible for the illegal conduct they have committed and shall receive administrative punishments.

Second, where perpetrators under the age of 14 commit illegal acts, they are not to be punished because they have not reached the age of responsibility for administrative punishment, but their guardians must be ordered to discipline them.

Third, where the illegal conduct is minor and corrected in a timely manner, and no harmful consequences are caused, administrative punishment is not to be given.

I. Conditions for not filing a case under the Administrative Punishment Law.

In any of the following circumstances, the party shall have a mitigated or commuted administrative punishment:

1) Actively eliminating or mitigating the harmful consequences of illegal conduct;

2) Being coerced or coerced by others to commit illegal acts;

3) Voluntarily confessing illegal conduct that the administrative organs have not yet learned;

4) Cooperate with administrative organs in investigating and handling illegal conduct and have meritorious service;

5) Where laws, regulations, or rules provide that other administrative punishments shall be mitigated or commuted.

II. How to enforce administrative punishments if they are not filed.

In any of the following circumstances, the party shall have a mitigated or commuted administrative punishment:

1) Actively eliminating the elderly, referring to the elimination or mitigation of the harmful consequences of illegal acts;

2) Being coerced or tricked by others into committing illegal acts;

3) Voluntarily confessing illegal conduct that the administrative organs have not yet learned;

4) Cooperate with administrative organs in investigating and handling illegal conduct and have meritorious service;

5) Where laws, regulations, or rules provide that other administrative punishments shall be mitigated or commuted.