What is violated in the second paragraph of Article 37 of the administrative penalty

Construction in places where vehicles and pedestrians pass, and there are no coverings, anti-encirclement and warning signs on ditches and wells, or deliberately damaging or moving coverings, anti-encirclement and warning signs.

Appendix: Article 37 of the Law of the People's Republic of China on Public Security Administration Punishments (excerpt) Anyone who commits any of the following acts shall be detained for up to 5 days or fined up to 500 yuan; where the circumstances are serious, they are to be detained for between 5 and 10 days, and may be concurrently fined up to 500 RMB

1) Installing or using power grids without approval, or installing or using power grids that do not comply with safety regulations;

2) Construction in places where vehicles and pedestrians pass, and there are no coverings, anti-encirclement and warning signs on ditches and wells, or intentional damage or movement of coverings, anti-encirclement and warning signs;

3) Stealing or damaging pavement manhole covers, lighting and other public facilities.

The second paragraph of Article 37 of the Administrative Punishment Law of the People's Republic of China reads:

When collecting evidence, administrative organs may employ methods of sampling evidence; In circumstances where evidence might be destroyed or difficult to obtain later, upon approval of the responsible person for the administrative organ, it may be registered and stored in advance, and a decision on disposition shall be made within 7 days, and during this period, the parties or relevant persons must not destroy or transfer the evidence.

Where law enforcement personnel have a direct interest in the parties, they shall recuse themselves.

The second paragraph of Article 37 of China's Administrative Punishment Law stipulates the principle of treating administrative punishments with leniency. That is, where laws, regulations, or rules have been amended or repealed at the time of making an administrative punishment decision, and the punishment of the new provisions is relatively light or is not considered to be illegal, the new provisions apply.

[Legal basis].Article 37 of the Administrative Punishment Law.

The provisions of laws, regulations, and rules at the time of the illegal conduct are to be applied to the implementation of administrative punishments. However, where laws, regulations, or rules have already been amended or repealed at the time of making an administrative punishment decision, and the punishment of the new provisions is relatively light or is not considered to be illegal, the new provisions apply.

Article 38.

Where there is no basis for administrative punishments or the implementing entity does not have the qualifications of an administrative entity, the administrative punishment is invalid.

Where violations of legally-prescribed procedures constitute a major and obvious violation, the administrative punishment is invalid.

Legal Analysis: Administrative Punishment Law

Article 37, Paragraph 2: When collecting evidence, administrative organs may adopt methods of sampling evidence; In circumstances where evidence might be destroyed or difficult to obtain later, upon approval of the responsible person for the administrative organ, it may be registered and stored in advance, and a decision on disposition shall be made within 7 days, and during this period, the parties or relevant persons must not destroy or transfer the evidence.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 62 Provisions to deal with Article 62: Where law enforcement personnel neglect their duties and do not stop or punish illegal acts that should be stopped and punished, causing damage to the lawful rights and interests, public interests and social order of citizens, legal persons or other organizations, the directly responsible managers and other directly responsible personnel shall be given administrative sanctions in accordance with law; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.

Article 37 of the Administrative Punishment Law is: The provisions of the laws, regulations, and rules at the time of the illegal conduct shall apply to the implementation of administrative punishments. However, when an administrative penalty decision is made, laws, regulations, or rules have been amended or repealed, and the new provisions impose a lighter punishment or are not considered to be illegal, the new provisions are appropriate.

Article 37 of the Administrative Punishment Law" shall apply the provisions of the laws, regulations, and rules at the time of the occurrence of the illegal act. However, if the laws, regulations, or rules have been amended or repealed at the time of the administrative punishment decision, and the punishment of the new provisions is relatively light or is not considered to be illegal, the new provisions shall apply. Article 38: Where there is no basis for administrative punishments or the implementing entity does not have the qualifications of an administrative entity, the administrative punishment is invalid.

Where violations of legally-prescribed procedures constitute a major and obvious violation, the administrative punishment is invalid.

Legal Analysis: Bend Early.

Administrative Punishment Law

Article 37, Paragraph 2: When collecting evidence, administrative organs may adopt methods of sampling evidence; In circumstances where evidence might be destroyed or difficult to obtain later, upon approval of the responsible person for the administrative organ, it may be registered and stored in advance, and a decision on disposition shall be made within 7 days, and during this period, the parties or relevant persons must not destroy or transfer the evidence.

Legal basis: Administrative Punishment Law of the People's Republic of China Article 62 Article 62 Where law enforcement personnel neglect their duties, and Shiqing does not stop or punish illegal acts that should be stopped and punished, causing damage to the lawful rights and interests of citizens, legal persons or other organizations, public interests and social order, the directly responsible managers and other directly responsible personnel shall be given administrative sanctions in accordance with law; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.

Legal analysis: According to the laws and regulations of our country, if law enforcement personnel neglect their duties and fail to stop or punish illegal acts that should be stopped and punished, resulting in damage to the legitimate rights and interests, public interests and social order of citizens, legal persons or other organizations, the directly responsible managers and other directly responsible personnel shall be given administrative sanctions in accordance with law; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.

Legal basis: Article 3 of the Administrative Punishment Law of the People's Republic of China Aqiao 17: When an administrative organ investigates or conducts an inspection, there shall be no less than two law enforcement personnel, and shall present their certificates to the parties or relevant personnel. Parties or relevant persons shall truthfully inquire and assist in the investigation or inspection, and must not obstruct them.

A record shall be made of the questioning or inspection. When collecting evidence, administrative organs may employ methods of sampling evidence; In circumstances where evidence might be destroyed or difficult to obtain later, upon approval of the responsible person for the administrative organ, it may be registered and stored in advance, and a decision on disposition shall be made within 7 days, and during this period, the parties or relevant persons must not destroy or transfer the evidence. Where law enforcement personnel have a direct interest in clearing up the parties, they shall recuse themselves.

Article 62: Where law enforcement personnel neglect their duties and fail to stop or punish illegal acts that should be stopped and punished, causing harm to the lawful rights and interests of citizens, legal persons, or other organizations, the public interest, and social order, the directly responsible managers and other directly responsible personnel are to be given administrative sanctions in accordance with law; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.