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Legal Analysis: The "Regulations on Public Security Administration Punishments" effectively punishes some minor violations that are obviously harmful to society but have not yet constituted crimes, and have played a positive role in maintaining social order and regulating citizens' daily behavior. Where social order is disrupted, public safety is endangered, citizens' personal rights are infringed, or public or private property is infringed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is to be pursued in accordance with law; Where criminal punishment is not sufficient and public security administrative punishment shall be given, the public security organs are to adhere to the principle of combining education and punishment for those who violate the administration of public security.
Where the circumstances are minor, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes.
Legal basis: Article 23 of the Law of the People's Republic of China on Public Security Administration Penalties Anyone who commits any of the following acts shall be given a warning or a fine of less than 200 yuan; where the circumstances are more serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB
1) Disrupting the order of organs, groups, enterprises, or public institutions, causing work, production, business, medical treatment, teaching, or scientific research to be unable to proceed normally, and not causing serious losses;
2) Disrupting the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls, or other public places;
3) Disrupting order on buses, trams, trains, ships, aircraft, or other means of public transportation;
4) Illegally intercepting, forcibly boarding, or pickpocketing motor vehicles, ships, aircraft, or other means of transport, impacting the normal operation of the means of transport;
5) Disrupting the order of elections conducted in accordance with law.
Where a crowd is assembled to carry out the conduct in the preceding paragraph, the ringleaders are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.
Criminal Law of the People's Republic of China" Article 246:Where violence or other methods are used to publicly insult others or fabricate facts to slander others, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights is to be given. The crimes in the preceding paragraph are to be dealt with only if they are told, except where they seriously endanger social order and national interests. Where the victim complains to the people's court about the conduct provided for in the first paragraph through information networks, but it is truly difficult to provide evidence, the people's court may request that the public security organs provide assistance.
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The Regulations of the People's Republic of China on the Administration of Public Security, Inspection, Punishment of Hunger, Repentance, and Punishment are important laws and regulations for maintaining national social order and public safety, protecting the legitimate rights and interests of citizens, and ensuring the smooth progress of various construction undertakings. These Regulations are formulated in accordance with Article 1 of the "Regulations of the People's Republic of China on Punishments for Public Security Administration" in order to strengthen the administration of public security, maintain social order and public safety, protect the legitimate rights and interests of citizens, and ensure the smooth progress of the modernization of the principle of social defeat. Article 2: Where social order is disrupted, public safety is endangered, citizens' personal rights are infringed, or public or private property is infringed, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is to be pursued in accordance with law; Where criminal punishment is not sufficient and a public security administrative punishment shall be given, punishment is to be given in accordance with these Regulations.
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<> public security administration is the abbreviation of public security administration, which refers to the administrative management activities carried out by public security organs in accordance with state laws and regulations, relying on the masses and using administrative means to maintain social order and ensure the normal life of society. Public security disciplines under the disciplines of law and public administration. Mainly for the public security grassroots public security management departments and public security police stations, in community policing, patrol policing, public security management and law enforcement case handling, engaged in law enforcement and case handling, public security management, public security patrol and security precautions and other related work.
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China's original Regulations on Administrative Penalties for Public Security provided for administrative detention, and the Law on Administrative Penalties for Public Security provides for administrative detention in more detail. Administrative Detention and Political DetentionWith the replacement of the Regulations on the Administration and Punishment of Public Security Reform by the Law on Administrative Penalties for Public Security, some changes have taken place in the administrative detention system. According to the current Law on Administrative Penalties for Public Security, Article 10, Paragraph 3 of Chapter 2 of the Law stipulates that administrative detention is a type of administrative punishment for public security.
Article 16 of the law stipulates: "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 to be combined, the longest is not to exceed 20 days.
Article 21 of the Law stipulates: "In any of the following circumstances, the person who violates the administration of public security shall be given the punishment of administrative detention in accordance with this Law, and the punishment of administrative detention shall not be enforced: 1. Those who have reached the age of 14 but are not yet 16 years old; 2. Those who have reached the age of 16 but are not yet 18 years old, and who violate the administration of public security for the first time; 3. Over 70 years old; 4. Those who are pregnant or breastfeeding their own babies under the age of one.
This article makes a negative exclusion provision for the applicable objects, that is, for those who meet certain specific circumstances, administrative detention is not applicable to them, so as to reflect humanistic care. The provisions of the Law on Administrative Penalties for Public Security directly on the administrative detention system are the above-mentioned provisions, and the others are provisions on whether administrative detention can be applied to a specific violation of the Law on Administrative Penalties for Public Security. Where administrative detention is enforced, the parties shall actively cooperate with the work of law enforcement personnel.
Administrative detention is different from criminal detention, judicial detention and detention, and administrative detention is generally only exercised by law enforcement agencies at or above the county level. Administrative detention is not to be carried out for women who have reached the age of 14 but are not yet 16 years old, who are over 70 years of age, or who are pregnant or breastfeeding.
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Legal Analysis: The Regulations of the People's Republic of China on Public Security Administration Penalties are important laws and regulations for maintaining national social order and public safety, protecting the legitimate rights and interests of citizens, and ensuring the smooth progress of various construction undertakings.
Legal basis: Regulations of the People's Republic of China on the Administration of Public Security
Article 1 These Regulations are formulated for the purpose of strengthening the administration of public security, maintaining social order and public safety, protecting the legitimate rights and interests of citizens, and ensuring the smooth progress of socialist modernization.
Article 2: Where social order is disrupted, public safety is endangered, citizens' personal rights are violated, or public or private property is violated, and a crime is constituted in accordance with the provisions of the Criminal Law of the People's Republic of China, criminal responsibility is to be pursued in accordance with the method of loss; Where it is not sufficient for a criminal punishment for disorder in the state, and a public security administrative punishment shall be given, punishment is to be given in accordance with these Regulations.
According to Article 39 of the "Law of the People's Republic of China on Public Security Administration Punishments", if the operators and managers of hotels, restaurants, theaters, casinos, sports grounds, exhibition halls, or other venues for public activities violate safety regulations, causing the risk of a safety accident in the venue, and are ordered to make corrections by the public security organs, and refuse to make corrections, they shall be detained for up to 5 days. >>>More
The Law on Administrative Penalties for Public Security is an administrative law. The so-called administrative law refers to the general term of the legal norms of various relationships between administrative subjects and administrative counterparts and administrative legal supervision subjects in the process of exercising administrative functions and powers and accepting administrative legal supervision, as well as various relationships within administrative subjects. >>>More
Law of the People's Republic of China on Public Security Administration Punishments >>>More
China's original Regulations on Administrative Penalties for Public Security provided for administrative detention, and the Law on Administrative Penalties for Public Security provides for administrative detention in more detail. Administrative Detention and Political DetentionWith the replacement of the Regulations on the Administration and Punishment of Public Security Reform by the Law on Administrative Penalties for Public Security, some changes have taken place in the administrative detention system. According to the current Law on Administrative Penalties for Public Security, Article 10, Paragraph 3 of Chapter 2 of the Law stipulates that administrative detention is a type of administrative punishment for public security. >>>More
Body. The main text is generally composed of three parts: general provisions, sub-provisions and supplementary provisions. The General Provisions explain the purpose, basis, scope of application and implementation principles of these Rules; The sub-provisions shall formulate specific implementation standards, implementation measures, enforcement procedures, and reward and punishment measures in accordance with the relevant provisions of laws, regulations, and rules; The supplementary provisions explain the right of interpretation and the time of implementation, and some of the rules also explain some matters not covered herein. >>>More