Can a red headed document be issued with a penalty notice? Solve

It can be used to issue a penalty decision. In the case of notification, there is generally a fixed template. This red-headed document itself is only valid for jurisdiction within the administrative scope, and belongs to administrative guidance, not to the scope of law.

Punishment notices may be issued for red-headed documents, and the content of the punishment must comply with the provisions of laws and regulations.

1. Definition: Notification: It is an official document in which the superior informs the subordinate of the relevant people and things.

The circular has a wide range of applications and can be used by party and government organs and units at all levels. Its function is to praise good people and good deeds, criticize mistakes and unhealthy tendencies, report vicious accidents that should be taken as warnings, and convey important information and matters that need to be known by all units. Circulars are a type of language frequently used by organs, enterprises, institutions, and organizations at all levels.

Its purpose is to exchange experiences, draw lessons, educate cadres and workers, and promote the further development of work.

2. Features. 1 Informative. 2 Educational. 3 Policy.

3. Classification. 1 Commendation Notice.

2 Critical Circulars are circulars that criticize the wrongdoings, bad tendencies, ugly phenomena, and violations of rules and regulations of typical figures or units. This kind of briefing, by laying out the situation, finding the root causes, and clarifying the handling decisions, can enable people to learn from them so as not to repeat the mistakes of the past. This type of circular has a wide range of applications, a large number of them, and is prominent in punishment.

3 Information briefings.

To sum up, punishment is generally decided by decision, and the decision made on punishment can be notified to find the root cause and clarify the handling decision by laying out the situation, so that people can learn lessons from it and avoid repeating the mistakes of the past.

Legal analysis: A penalty notice can be issued for a red-headed document, but the content of the punishment must comply with the rules and regulations of laws and regulations. If the law enforcement department arbitrarily issues "red-headed documents", sets administrative penalties without authorization and implements them, and appoints persons who do not have legal qualifications to enforce the law, once discovered, the law enforcement department will be ordered to make corrections within a time limit and may circulate criticism; where the circumstances are serious, pursue the administrative responsibility of the principal responsible person and relevant responsible persons.

Basis of the Law: "Administrative Punishment Law of the People's Republic of China" Article 6: Citizens, legal persons or other organizations enjoy the right to state and defend against administrative punishments given by administrative organs; Those who are dissatisfied with the administrative punishment have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with law.

People's Republic of China Government Sanctions Law" Article 15: Where public employees have two or more violations, governmental sanctions shall be separately determined. Where two or more governmental sanctions shall be given, the heaviest of them is to be enforced; Where multiple identical governmental sanctions below removal shall be given, the period of governmental sanctions may be determined for a period of governmental sanctions greater than one and less than the sum of the multiple governmental sanction periods, but must not exceed 48 months at the longest.

Where civil servants are criticized by a unit that has little impact, and corrections are made after education, sanctions may be waived. According to Article 55 of the Law of the People's Republic of China on Civil Servants, civil servants who shall bear disciplinary responsibility for violations of law and discipline shall be punished in accordance with this Law; Where the circumstances of the violation of discipline are minor and corrections are made after being reviewed and educated, sanctions may be waived. Article 56 stipulates that the punishment is divided into:

Warnings, demerits, major demerits, demotion, dismissal, expulsion. Article 57 stipulates that the punishment of civil servants shall be based on clear facts, conclusive evidence, accurate characterization, proper handling, lawful procedures, and complete formalities. Article 101 of the Civil Servants Law of the People's Republic of China: Where the provisions of this Law are violated in the following circumstances, the leading organs at the county level or above or the competent departments for civil servants shall, in accordance with their management authority, distinguish between different circumstances, and order corrections or declare them invalid; Leaders and directly responsible personnel are to be given criticism, education, or sanctions based on the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Recruitment, transfer, transfer, appointment, or promotion of civil servants not in accordance with the establishment quota, number of posts, or qualifications.

2) Failing to follow the prescribed conditions to reward and punish civil servants, recuse them, or handle retirement;

3) Failure to follow the prescribed procedures for the recruitment, transfer, transfer, appointment, promotion, competition for posts, open selection, evaluation, rewards and punishments of civil servants;

4) Violating state regulations by changing the standards for civil servants' salaries, benefits, and insurance benefits;

5) Leaking test questions, violating examination room discipline, or otherwise seriously impacting openness and fairness in recruitment, competition for posts, or open selection;

6) Failure to accept and handle civil servants' appeals or accusations in accordance with provisions;

7) Other circumstances violating the provisions of this Law.

Legal Analysis: The punishment for red-headed documents is severe. Red-headed documents mostly refer to the common names of pure hunger documents, statements, announcements, and publicity classes issued by the ** level with big red titles and red seals.

A circular is an official document issued by a superior to inform a subordinate of a person's or a matter of peace. The circular has a wide range of applications and can be used by party and government organs and units at all levels. Its function is to praise good people and good deeds, criticize mistakes and unhealthy tendencies, report vicious accidents that should be taken as warnings, and convey important information and matters that need to be known to all units.

Legal basis: Administrative Punishment Law of the People's Republic of China

Article 8: Stipulate the types of administrative punishments for red-headed documents:

a) Warning; b) fines;

3) Confiscation of unlawful gains and confiscation of illegal property;

4) Order 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 9: The law may set various types of administrative punishments. Administrative penalties restricting personal liberty can only be set by law.

Red-headed documents cannot be sent to individuals. Red-headed documents are issued to relevant units, and units can be conveyed to individuals, and can also be copied, **. Red-headed documents are issued by all levels and types of state administrative organs and authorized administrative entities.

Article 36 of the Regulations on the Procedures for Formulating Rules: Local people at the county level or above who do not have the power to formulate rules in accordance with law formulate or issue decisions or orders with universal binding force, and implement them with reference to the procedures provided for in these Regulations. Article 3: The formulation of rules shall implement the Party's line, principles, policies, and decision-making arrangements, follow the legislative principles set forth in the Legislation Law, and comply with the provisions of the Constitution, laws, administrative regulations, and other higher-level laws. Without the basis of laws or administrative regulations, decisions, and orders, departmental rules must not set norms that impair the rights of citizens, legal persons, and other organizations or increase their obligations, and must not increase the powers of the department or reduce the statutory duties of the department.

Without the basis of laws, administrative regulations, or local regulations, local ** rules must not set norms that impair the rights of citizens, legal persons, and other organizations or increase their obligations.