When an administrative punishment arrests someone, is it illegal to arrest only one person?

According to what you said, it may be that the public security organs have carried out custodial summonses. In accordance with the law, two or more State agents are required to perform official duties. Therefore, this act of custodial summons was determined to be procedurally unlawful. In the case of administrative detention, a reconsideration or prosecution may be filed.

Article 8 of the Administrative Punishment Law of the People's Republic of China provides for the types of administrative punishments as follows: (1) warnings; (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. Article 37 stipulates that "when an administrative organ investigates or conducts an inspection, there shall not be less than two law enforcement personnel, and shall present their certificates to the parties or relevant personnel. ”

First of all, it is necessary to distinguish whether your behavior is an administrative offense or a criminal offense, if it is an administrative offense involving at most one administrative detention, and calling you to make a record in the course of the investigation is a notice of inquiry, which can be notified orally or in writing, if you feel that a person's verbal notice does not comply with the regulations, you can go or not, and two law enforcement officers must show evidence and sign a return certificate of service to issue a written notice of inquiry. If it is a criminal offense, if there is conclusive evidence of a crime that can be reported in an emergency, a person can be arrested, and the public can assist in the arrest in an emergency, let alone a police officer.

Secondly, it is necessary to distinguish the degree of the other party's behavior, and whether the process of arresting the person is a notification or a coercive measure. If you are told that you are very cooperative and follow along, it is a notice, if you come up and take you away in handcuffs without saying a word, it is a compulsory measure, and the compulsory measure must be witnessed and approved by more than two people, and the procedure is illegal if one person says it. But if you have a bad attitude and resist violently during the process, you can force the arrest on the grounds that you are involved in a criminal offense.

In a word, not to mention that it is not possible to be handcuffed, the law enforcement procedure can be violated by administrative reconsideration or administrative litigation, but you need to provide evidence, and the reconsideration or litigation of procedural violations is at most to revoke the punishment and require a new investigation, and the person who arrested you is also an administrative sanction, if your illegal behavior is true, at most it is a matter of re-issuing an administrative penalty decision, which does not make much sense.

Administrative punishment arrest must be carried out by the public security organ with an arrest warrant and by two or more staff members, and the law enforcement recorder must be turned on throughout the process, and no other unit or individual other than the public security organ has the right to arrest people.

When an administrative punishment arrests someone, it is not considered illegal to arrest only one person, and it is not considered illegal to arrest the wrong person.

Legal Analysis: Only the staff of the public security organs can carry out acts restricting the freedom of citizens in accordance with legal procedures, and other administrative organs are not.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 16 The people of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council may decide that an administrative organ shall exercise the administrative punishment power of the relevant administrative organ of Lingxiang, but the administrative punishment power to restrict personal freedom can only be exercised by the public security organs.

Measures for Urban Management Law Enforcement" Article 8: The scope of administrative punishment powers for urban management law enforcement is to be determined in accordance with laws and regulations and relevant provisions, including the administrative punishment powers provided for by laws, regulations, and rules in the field of housing and urban-rural construction, as well as the administrative punishment powers for environmental protection management, business administration, traffic management, water management, and food and drug supervision related to urban management.

Legal Analysis: Only the staff of the public security organs can follow the legal procedures to carry out acts that restrict the freedom of citizens, and other administrative organs are not.

The law envies the basis for this trip:

Administrative Punishment Law of the People's Republic of China Article 10 Article 6 The people of provinces, autonomous regions, or municipalities directly under the Central Government authorized by *** may decide on an administrative organ to exercise the administrative punishment power of the relevant administrative organ, but the administrative punishment power that restricts personal liberty can only be exercised by the public security organs.

Measures for Urban Management Law Enforcement" Article 8: The scope of administrative punishment powers for urban management law enforcement is to be determined in accordance with laws and regulations and relevant provisions, including the administrative punishment powers provided for by laws, regulations, and rules in the field of housing and urban-rural construction, as well as the administrative punishment powers related to urban management in environmental protection management, business administration, traffic management, water management, and food and drug supervision.

Lawyer's analysis: Only the staff of the public security organs can carry out acts that restrict the freedom of citizens in accordance with legal procedures, and other administrative organs are not.

Legal basis]:

Administrative Punishment Law of the People's Republic of China" Article 16: The people of provinces, autonomous regions, or municipalities directly under the Central Government authorized by *** may decide on an administrative organ to exercise the administrative punishment power of the relevant administrative organ, but the administrative punishment power that restricts personal liberty can only be exercised by the public security organs.

Measures for Urban Management Law Enforcement" Article 8: The scope of administrative punishment powers for urban management law enforcement is to be determined in accordance with laws and regulations and relevant provisions, including the administrative punishment powers provided for in laws, regulations, and rules in the field of housing and urban-rural construction, as well as the administrative punishment powers for environmental protection management, business administration without sheds, traffic management, water management, and food and drug supervision related to the management of urban dry rules.

Lawyer's analysis: Only the staff of the public security organs can carry out acts that restrict the freedom of citizens in accordance with legal procedures, and other administrative organs are not.

Legal basis]:

Administrative Punishment Law of the People's Republic of China Article 16 The people of provinces, autonomous regions, and municipalities directly under the Central Government may decide on an administrative organ to exercise the administrative punishment power of the relevant administrative organ, but the administrative punishment power that restricts the freedom of a person to sell his or her wild body can only be exercised by the public security organs.

Measures for Law Enforcement of Urban Management Zhai" Article 8: The scope of administrative punishment power for urban management law enforcement shall be determined in accordance with laws and regulations and relevant provisions, including the right to administrative punishment provided for in laws, regulations and rules in the field of housing and urban-rural construction, as well as the administrative punishment power of environmental protection management, business administration, traffic management, water management, food and drug supervision and urban management.