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It is lawful for the police station to report to the bureau for detention.
Article 91 of the Law on Public Security Administration Penalties stipulates that public security administrative penalties shall be decided by the people's public security organs at or above the county level; Among them, warnings and fines of less than 500 yuan may be decided by the public security police station.
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Administrative detention for 10 days and a penalty of 1,000 yuan are fully in line with the provisions of the Public Security Punishment Law.
Fighting and reconciliation is not up to you, and your behavior can be punished by the police for the crime of picking quarrels and provoking troubles.
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Legitimate. Just because both parties are okay and settled doesn't mean you're not acting illegally.
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Entitled. Just because you've reconciled doesn't mean that your previous actions didn't break the law.
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The first method of mediation for the police station's handling of minor fights in general circumstances is that after the two parties reach an agreement, they will not hold each other accountable; The second is to follow the normal procedures and punish according to the Public Security Administration Punishment Law (detention or fines according to the circumstances) in the case that the two parties do not negotiate properly
However, if there is a fight and a brawl that causes certain consequences and impacts, it is another matter, if you admit injustice, you will file an administrative reconsideration after you are released from the detention center.
If you search the "Law of the People's Republic of China on Public Security Administration Punishments" and look at the way fights are handled, you will know that it is illegal for the police station to detain you, and detention and fines can be imposed at the same time.
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Detention centers are held for up to 20 days.
Detention in a detention facility is administrative detention, which is limited to a maximum of 15 days, or a maximum of 20 days if two or more offences are combined.
Administrative detention is an important and common type of administrative punishment. Administrative detention refers to a type of administrative punishment in which a statutory administrative organ (specifically referring to a public security organ) restricts the personal liberty of a person who violates administrative laws and norms for a short period of time in accordance with the law. Administrative detention is the most severe form of administrative punishment, and it is often applied to situations where serious violations of public security administration do not constitute a crime, and warnings and fines are not sufficient punishments.
Therefore, the law has strict provisions on the conditions and procedures for its establishment and implementation. The power to adjudicate administrative detention belongs to the public security organs at or above the county level; The time limit is generally less than 10 days, and the heavier ones are not more than 15 days.
Legal basis: Article 16 of the Law of the People's Republic of China on Public Security Administration Punishments provides that where there are two or more violations of the administration of public security, separate decisions shall be made and enforcement shall be combined. Where administrative detention punishments are combined, the longest is not to exceed 20 days.
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Legal analysis: The public security police station is a dispatched agency of the public security organ, and does not have the qualifications of an independent administrative punishment main type without the authorization of laws and regulations.
Legal basis: "Law of the People's Republic of China and the People's Republic of China on Public Security Administration Punishments" Article 91 Public security administrative penalties shall be decided by the people's ** public security organs at or above the county level, of which warnings and fines of less than 500 yuan may be decided by the public security police station.
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Public security police substations are dispatched organs of public security organs, and do not have the qualifications to be independent administrative punishment entities unless authorized by laws and regulations.
1. What does the judicial office do?
The judicial office is the dispatched agency of the municipal (district, county) judicial bureau in the township (street), which is responsible for the specific organization and implementation of the basic judicial administration work directly for the broad masses of the people. The main responsibilities are: 1. Responsible for community corrections work; 2. Guide and manage people's mediation work; 3. Coordinate with relevant departments and units to carry out placement, assistance, and education for ex-convicts; 4. Guide and manage grassroots legal services.
2. Can a branch be the subject of the contract?
A branch office can be the subject of a contract. With the qualification of the main body of the contract, registered in accordance with the law, obtained the business license, and has the qualification of the business entity, it can sign an economic contract in its own name, but it is generally necessary to carry out business activities within the scope of the company's authorization, and cannot independently bear civil liability externally.
3. Organs formulating administrative punishments and public security administrative punishments.
According to the provisions of the Administrative Punishment Law and related laws, the implementation of administrative penalties in China may include: ministries, committees, authorized directly subordinate agencies, local people at or above the county level and relevant subordinate departments, dispatched organs, dispatched agencies, organizations authorized by laws and regulations to manage public affairs, and institutions entrusted with the exercise of administrative authority in accordance with laws, regulations and rules. Public security administrative punishment is a kind of administrative punishment, according to China's current legal provisions, public security administrative punishment is exercised by the public security organs, and fines or warnings of less than 50 yuan can be exercised by their dispatched agencies.
Article 91 of the Law of the People's Republic of China on Public Security Administration Punishments shall be decided by the people's public security organs at or above the county level, of which warnings and fines of less than 500 yuan may be decided by the public security police station.
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Legal analysis: The public sedan police station is a dispatched agency of the public security organs, and without the authorization of laws and regulations, it does not have an independent administrative punishment entity.
Legal basis: Law of the People's Republic of China on Punishment of Public Security Administration and Prudence Article 91 Public security administrative penalties shall be decided by the people's ** public security organs at or above the county level, of which warnings and fines of less than 500 yuan may be decided by the public security police station.
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Legal Analysis: Public security detention is one of the administrative punishments, also known as administrative detention. Administrative detention refers to a punishment measure imposed by the public security organs on citizens who violate administrative laws and regulations to restrict their personal freedom for a short period of time.
The period is more than 1 day and less than 15 days. Administrative detention is a punishment that restricts the personal liberty of a citizen, and it is also one of the most severe punishments in administrative punishment. Administrative detention in China is mainly public security detention.
Since it is a severe administrative punishment, the provisions of the law on this punishment are also strict, and only the public security organs can implement it, and no other administrative organ has the right to enforce it. The place of detention is a public security detention center.
Legal basis: Criminal Law of the People's Republic of China
Article 42: The period limit for short-term detention is between one month and six months.
Article 43: Criminals sentenced to short-term detention are to be enforced by the nearest public security organs. During the execution period, criminals sentenced to detention can go home for one to two days a month; Those who participate in labor may be paid remuneration at their discretion.
Article 44: The sentence of short-term detention is calculated from the date on which the judgment is enforced; Where a person is taken into custody before the judgment is enforced, the sentence is to be reduced by one day for each day of detention.
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