Who will fill in the recipient of the service certificate in the administrative punishment?

Updated on society 2024-06-28
9 answers
  1. Anonymous users2024-02-12

    As you said, the addressee is filled in by law enforcement officers;

    The recipient field is filled in by the recipient (the recipient is not limited to the recipient).

  2. Anonymous users2024-02-11

    I don't understand. In fact, it is to collect the law.

    The person who wrote the document (including himself and the person collecting it) signed and it was over! The rest is filled in by law enforcement officers. That's what we do. Target.

  3. Anonymous users2024-02-10

    The proof of service is a legal document that is sent to the recipient of service in accordance with the channels prescribed by law, and the recipient signs and confirms it to prove that the legal document has been sent.

    The person to be served on the certificate of service is the party himself on the legal document (i.e., the administrative penalty counterparty and the punished person), because the legal document is generally handed over to the person, but sometimes, if the person has a client, or the person is not there, then what should I do, there needs to be a place where a person other than the person himself signs the legal document on his behalf, that is, the recipient, that is, the actual recipient other than the actual person.

    The recipient shall be the person who has been punished, and the recipient shall be signed by a person other than himself who has the right to accept the legal document, such as the adult family members of the person being punished, husband and wife, and parents. If it is a unit, the recipient can sign for the receipt of the legal documents by the office of the unit, and there is no problem of collecting on behalf of the unit.

    I hope the above analysis will help you understand the delivery.

  4. Anonymous users2024-02-09

    Legal analysis: the administrative penalty decision will be given to the penalizer, the family will be notified, and a copy of the penalty letter will be given to the victim, if the penalizer cannot be contacted on the spot, it will be delivered to the penalizer within 2 days, whether it is sent to the company There is no regulation, as long as the penalizer can be served. Where public security organs make a public security administrative punishment decision, they shall draft a public security administrative punishment decision document.

    The decision shall indicate the following content: (1) the name, gender, age, name and number of the identity document, and address of the person being punished; (2) Facts and evidence of the violation; (3) the type and basis of punishment; (4) The method and time period for enforcement of punishments; (5) The channels and time limits for applying for administrative reconsideration or initiating administrative litigation if they are dissatisfied with a punishment decision; (6) The name of the public security organ that made the punishment decision, Hu Shicong, and the date on which the decision was made. The written decision shall be sealed by the public security organ that made the punishment decision.

    Legal basis: Article 97 of the "Public Security Administration Punishment Law of the People's Republic of China" The public security organ shall announce the public security administrative punishment decision to the person punished and deliver it to the person punished on the spot; Where there is no way to make an announcement to the person being punished at the scene, it shall be served on the person being punished within 2 days. Where a decision is made to give a punishment of administrative detention, the family of the person being punished shall be promptly notified.

    Where there is a victim, the public security organ shall send a copy of the written decision to the victim.

  5. Anonymous users2024-02-08

    The prior notice of administrative punishment does not need to be served on the receipt of the administrative punishment document, because the notice has the signature of the signatory underneath, but the date of receipt of the receipt by the administrative recipient on the receipt of service is the date of service. Receipt of service refers to the travel cover voucher made by the people's court or other judicial organs in accordance with the statutory format to prove the service of legal documents, which is not only the proof of the act of service, but also the proof of the recipient's acceptance of service, and the evidence of the legal relationship between the people's court and the recipient of litigation.

    How to look at the announcement of administrative punishment documents?

    Where service can be made in person, service by retention in custody, service by entrustment, service by mail, service by transfer, or service by announcement may be adopted (the service method of public notice can only be applied when the whereabouts of the recipient are unknown, or when service cannot be made by the first five methods). The announcement shall be served after 60 days from the date of issuance of the announcement, which shall be the expiration of the notice and shall be deemed to have been served).

    Do you have to send a return certificate to the court?

    After receiving the certificate of service from the people's court, the person receiving the service should send it back to the court after signing. However, if the court does not send the certificate of service back to the court, the court can also prove that the mail has been signed by the person to be served by checking the receipt of the mail, which can also indicate that it has been served.

    How long does it take for the administrative punishment notice record to be served?

    There are no uniform provisions on how long it takes for the administrative punishment notification record to be served. Generally speaking, within one week after receiving the investigation, the operator can get this material. If they are not satisfied with the administrative punishment, they may promptly initiate a reconsideration.

    What are the contents of administrative punishment documents?

    The content of the administrative punishment document refers to:

    1.the name and address of the parties;

    2.Facts and evidence of violation of laws, rules or regulations;

    3.the type and basis of administrative punishments;

    4.the manner and time limit for the performance of administrative punishments;

    5.the channels and time limits for applying for administrative reconsideration or initiating an administrative lawsuit if they are dissatisfied with an administrative punishment decision;

    6.The name of the administrative organ that made the administrative punishment decision and the date on which the decision was made.

    What is the procedure for service of legal documents?

    Legal advice answers.

    The procedures for service of legal documents include: direct service; service in lien; Consignment of service; Delivery by post; Delivery of service; Notification service, etc.

    China's "Civil Procedure Law" stipulates that if the recipient has a litigant, it may be sent to the person to sign for receipt; Where the recipient has already designated a person to be collected on behalf of the people's court, it shall be sent to the recipient to sign for receipt.

    Relevant legal provisions.

    Article 88 of the Civil Procedure Law of the People's Republic of China.

  6. Anonymous users2024-02-07

    It is not necessary to serve the receipt of the prior notice of administrative punishment, because the notice has the signature of the signatory underneath, but the date of receipt on the receipt of the receipt of the administrative punishment by the person serving the notice on the rockridge is the date of service. Legal basis: Article 84 of the Civil Procedure Law of the People's Republic of China provides that the service of litigation documents must have a proof of service, and the person to be served shall indicate the date of receipt on the receipt of service, and sign or affix a seal. The date of receipt signed by the recipient on the receipt of service is the date of delivery.

  7. Anonymous users2024-02-06

    I. Whether the Receipt of Service of Administrative Punishment Documents Is Necessary The prior notice of administrative punishment does not need to be served with a receipt of receipt, because the notice has the signature of the signatory underneath, but the date of receipt of the receipt by the administrative recipient on the receipt of service is the date of service. The proof of service refers to the certificate made by the people's court or other judicial organs in accordance with the statutory format to prove the service of legal documents, which is not only the proof of the act of service, but also the proof of the recipient's acceptance of service, and the evidence of the litigation between the people's court and the recipient. Article 40 of the Administrative Punishment Law: The administrative punishment decision shall be delivered to the parties on the spot after it is announced; Where the parties are not present, the administrative organs shall serve the administrative punishment decision on the parties within 7 days in accordance with the relevant provisions of the Civil Procedure Law.

    II. What Is Administrative Punishment Administrative punishment refers to the specific administrative act of an administrative organ or other administrative entity in imposing administrative sanctions on a counterpart who violates administrative rules and regulations and has not yet constituted a crime in accordance with the powers and procedures prescribed by law. Administrative penalties can be classified according to different criteria, mainly including warnings; Penalty; confiscation of illegal gains and confiscation of illegal property; order the suspension of production and business; Suspension or revocation of permits, suspension or revocation of licenses; administrative detention ; Other administrative punishments provided for by laws and administrative regulations. Article 3 of the "Administrative Punishment Law" 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 implemented by the administrative organs in accordance with the procedures provided for in this Law.

    Where there is no legally-prescribed basis or legally-prescribed procedures are not followed, the administrative punishment is invalid. Therefore, after reading this article, we will be able to have a further understanding and understanding of some of the relevant content of administrative punishment, which means that we should usually learn more about our country's legal knowledge, as well as related policy content, because this kind of behavior is not only one of the manifestations of supporting national laws and supporting the country, but also for us to have a certain answer to the question of whether it is necessary to serve the certificate of administrative punishment documents.

  8. Anonymous users2024-02-05

    Legal analysis: The prior notice of administrative punishment does not need to be served with a receipt of receipt, because the notice has the signature of the signatory underneath, but the date of receipt of the administrative recipient on the receipt of service is the date of delivery. The proof of service refers to the evidence made by the people's court or other judicial organs in accordance with the statutory format to prove the service of legal documents, which is not only the proof of the act of service, but also the proof of the recipient's acceptance of service, and the evidence of the legal relationship between the people's court and the recipient.

    Legal basis: Administrative Punishment Law of the People's Republic of China Article 40: Administrative punishment decisions shall be delivered to the parties on the spot after being announced; Where the parties are not present, the administrative organ shall serve the administrative punishment decision on the parties in accordance with the relevant provisions of the Civil Procedure Law within seven days.

  9. Anonymous users2024-02-04

    Receipt of service refers to the voucher prepared by the people's court or other judicial organs in accordance with the statutory format to prove the service of legal documents. It is not only proof of the act of service, but also proof of the recipient's acceptance of service, and is the evidence of the legal relationship between the people's court and the recipient. Hours of use:

    Before the first-instance trial, a copy of the indictment, a copy of the reply, a notice of response to the lawsuit, a notice of rights and obligations, a notice of collegial panel members, and a notice to present evidence will be served to the defendant and a third party before the first-instance trial of a civil case. [1] After the first-instance judgment After the first-instance judgment is released, the civil ruling and civil judgment will be served on all litigation participants, and the proof of service will also be used. [2] Before the trial of the second instance The proof of service will be used when the copy of the appeal petition and the notice of the members of the collegial panel are served on the appellee and the third party before the trial of the second-instance civil case.

    After the second-instance judgment is issued, the civil ruling will be served on all litigation participants, and the proof of service will be used when the civil judgment is boring.

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