Is administrative detention still enforced after it has been suspended?

Legal Analysis: Suspended administrative detention is not carried out if the conditions are not violated. The following conditions shall be met for the suspension of administrative detention:

First, the detainee applied for administrative reconsideration or filed an administrative lawsuit in accordance with the law. This is a prerequisite for the application of a stay of administrative detention. If the detainee does not apply for administrative reconsideration or initiate an administrative lawsuit, the suspension of administrative detention shall not be applied.

Similarly, if the administrative reconsideration organ has already made a decision not to accept the administrative reconsideration before the public security organ makes the decision to suspend the administrative detention, or the people's court has already ruled not to accept the administrative lawsuit, the administrative detention suspension shall not be applied to the detainee. Second, the detainee submitted an application for suspension of administrative detention. An application for suspension of administrative detention may be submitted at the same time as the application for administrative reconsideration or the initiation of an administrative lawsuit, or during the period of administrative reconsideration or administrative litigation, but it must be submitted before the administrative detention punishment decision has not been enforced or has not been completed.

This is because if the administrative detention decision has been actually implemented, there is no question of applying the suspension of administrative detention.

Legal basis: Article 107 of the "Public Security Administration Punishment Law of the People's Republic of China" Where a person being punished is dissatisfied with a decision on the punishment of administrative detention and applies for administrative reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ for suspension of administrative detention. Where the public security organs find that the suspension of administrative detention will not cause danger to society, the person being punished or his close relatives is to submit a guarantor who meets the requirements provided for in article 108 of this Law, or pay a guarantee deposit of 200 yuan per day of administrative detention, and the punishment decision for administrative detention is suspended.

Article 108 of the Public Security Administration Punishment Law of the People's Republic of China The guarantor shall meet the following conditions: (1) not be implicated in the case; (2) They enjoy political rights and their personal freedom is not restricted; (3) Have a permanent residence and fixed residence in the local area; (4) Have the ability to perform the guarantee obligation.

After the suspension of administrative detention, the decision on the punishment of administrative detention is revoked.

If it is not revoked, the public security organs shall enforce administrative detention after the suspension of enforcement has disappeared.

According to article 107 of the "Public Security Administration Punishment Law of the People's Republic of China", where the punished person is dissatisfied with the administrative detention punishment decision and applies for administrative reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ for suspension of administrative detention.

Where the public security organs find that the suspension of administrative detention will not cause danger to society, the person being punished or his close relatives is to submit a guarantor who meets the requirements provided for in article 108 of this Law, or pay a guarantee deposit of 200 yuan per day of administrative detention, and the punishment decision for administrative detention is suspended.

Legal analysis: Where detention is required after the administrative detention has been suspended, after the administrative detention decision is announced, and during the period of application for reconsideration and administrative litigation, the punished person and his relatives may apply to the administrative entity for a suspension of administrative detention if they find a guarantor or pay a guarantee deposit in accordance with regulations. Administrative detention is different from criminal detention and judicial detention.

Legal basis: In accordance with Article 21 of the Administrative Reconsideration Law of the People's Republic of China:

Those who are dissatisfied with the administrative detention decision may apply for administrative reconsideration. During the period of administrative reconsideration, the enforcement of specific administrative acts is not suspended; However, enforcement may be stopped in any of the following circumstances:

1. The respondent believes that it is necessary to stop enforcement;

2. The administrative reconsideration organ deems it necessary to stop enforcement;

3. The applicant applies for suspension of enforcement, and the administrative reconsideration organ considers the request reasonable and decides to stop enforcement;

4. Enforcement is suspended by law.

In fact, 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 is usually 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; After the administrative detention decision is announced, during the period of application for reconsideration and administrative litigation, the punished person and his relatives find a guarantor or pay a guarantee deposit in accordance with regulations, they may apply to the administrative entity to suspend the enforcement of administrative detention. Administrative detention is different from criminal detention and judicial detention.

Legal Analysis: Administrative detention is still enforced after the suspension of the sentence.

Legal basis: Article 21 of the Administrative Reconsideration Law of the People's Republic of China The implementation of specific administrative acts shall not be suspended during the administrative reconsideration period; However, enforcement may be stopped in any of the following circumstances:

1) The respondent believes that it is necessary to stop enforcement;

2) The administrative reconsideration organ deems it necessary to stop enforcement;

3) The applicant applies for a suspension of enforcement, and the administrative reconsideration organ finds that the request is reasonable and decides to stop enforcement;

4) Where the law provides for the suspension of enforcement.

Legal Analysis: The following conditions shall be met for the suspension of administrative detention; First, the detainee applied for administrative reconsideration or filed an administrative lawsuit in accordance with the law. Second, the detainee submitted an application for suspension of administrative detention. Third, the public security organs believe that the suspension of administrative detention of the detainee will not cause danger to society; Fourth, the detainee or his close relatives have submitted a guarantor that meets the statutory requirements in accordance with the law, or have paid a guarantee deposit in accordance with the statutory standards. In accordance with the provisions of this article, the above four conditions must be met at the same time before the administrative detention punishment decision can be suspended, and similarly, if the enforcement has been suspended, there is generally no violation of the above circumstances, and the enforcement will not be resumed.

Legal basis: Article 107 of the "Public Security Administration Punishment Law" Where a penalized person is dissatisfied with a decision on the punishment of administrative detention and applies for administrative reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ for a suspension of administrative detention.

It will be executed. Suspension of enforcement must generally not exceed three months, but may be appropriately extended for special reasons, and the extended period must not exceed three months. The date is calculated from the date on which the enforcement court makes the decision to suspend enforcement.

Where a decision to suspend enforcement is made by a higher level people's court, it is calculated from the date on which the enforcing court receives the decision to suspend enforcement.

Legal basisArticle 21 of the Administrative Review Law.

During the period of administrative reconsideration, the enforcement of specific administrative acts is not suspended; However, enforcement may be stopped under any of the following circumstances: (1) the respondent deems it necessary to stop enforcement; 2) The administrative reconsideration organ deems it necessary to stop enforcement; 3) The applicant applies for a suspension of enforcement, and the administrative reconsideration organ finds that the request is reasonable and decides to stop enforcement; 4) Where the law provides for the suspension of enforcement.

Legal analysis: Whether it is a civil trial or a criminal pre-trial judgment, the judgment will be read out at the end of the review activity, and the final process of the case is to execute according to the judgment. If the parties are not satisfied with the judgment or ruling made by the court of first instance, they may file an appeal within the prescribed time.

However, if you have the ability and refuse to follow the judgment or ruling of the Fahui Group, you may be enforced and may even violate the criminal law.

Legal basis: Article 313 of the Criminal Law of the People's Republic of China stipulates that a person who refuses to enforce a judgment or ruling of a people's court if he has the ability to enforce it, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine.

After the enforcement of administrative detention has been suspended, if the punishment decision of administrative detention is revoked by the parties through reconsideration or litigation, enforcement is not to be continued; If the administrative punishment decision is upheld or the penalized person evades the punishment of administrative detention, it shall still be enforced.

Law of the People's Republic of China on Public Security Administration Punishments

Article 109.

The guarantor shall ensure that the guarantor does not evade the enforcement of the punishment of administrative detention.

Where a person who is a fool of the guarantee draft fails to perform the guarantee obligation, causing the guaranteed person to evade the enforcement of the punishment of administrative detention, the public security organ shall impose a fine of up to 3,000 RMB.

Law of the People's Republic of China on Public Security Administration Punishments

Article 110.

Where a person who has been given a decision to be given an administrative detention penalty pays a guarantee deposit, and after suspending administrative detention, evades the enforcement of the administrative detention punishment, the guarantee deposit is to be confiscated and turned over to the state treasury, and the administrative detention decision that has already been made shall still be enforced.

Law of the People's Republic of China on Public Security Administration Punishments

Article 111.

Where the punishment decision for administrative detention is revoked, or enforcement of the punishment for administrative detention begins, the public security organs shall promptly return the deposit held by the public security organ to the person who paid it.