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If there is a serious violation of the law and compulsory seizure must be carried out, compulsory measures can be imposed, and before compulsion, it must be approved by the leader of the unit.
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If you break the law, you have to talk about the punishment of the law, if you are for the law, I know the sanction of administrative regulations, this is a natural thing, if you have not made any mistakes, you will not be subject to such sanctions.
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If the matter is not so serious, it will not force measures against you, but at least you should know what is going on and not call it to this point.
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If there are no serious consequences, administrative sanctions cannot be met. So, well, if you violate the penalty, to the level of sanctions, there must be serious consequences.
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Indeed, if we had not made a serious mistake, we would not have been able to take coercive measures.
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If there is a contradiction, it is greater than the next one, but it does not affect the consequences, that is, administrative coercive measures should be taken.
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Administrative coercive measures are a must, and they must be prevented before they occur in order to avoid accidents.
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Hello, that's right, because if you want to take coercive measures, there must be serious consequences.
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Whether or not to take administrative coercive measures is determined on the basis of specific circumstances, and it is not necessary to look at the consequences, but also to consider the possible consequences.
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I think it's possible to take such coercive measures against people like you.
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It doesn't just depend on the seriousness of the matter. It also depends on whether it can be enforced and whether the conditions allow it.
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If there are no serious consequences, there can be no administrative coercive measures, and they can only be discussed and handled.
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If there are no serious consequences, there can be no administrative coercive measures, this is not certain, it depends on the specific problem, and the specific analysis is carried out.
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If there are no serious consequences, there can be no administrative coercive measures, hello, it depends on what it is, you can't generalize, hope, thank you.
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If there are no serious consequences, can't there be money for administrative coercive measures? Well, this thing must have this kind of order to force and have measures.
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Where the circumstances of the illegal conduct are obviously minor or there is no obvious harm to society, administrative compulsory measures may not be employed. Where the situation is urgent and it is necessary to implement administrative compulsory measures on the spot, the administrative law enforcement personnel shall report to the responsible person of the administrative organ within 24 hours and complete the approval formalities. Where the responsible person for an administrative organ finds that compulsory administrative measures should not be employed, they shall immediately lift them.
The types and specific contents of administrative coercive measures.
1. Enforcement coercive measures.
Enforceable compulsory measures are compulsory measures taken by an administrative entity against the counterpart who does not perform the obligations determined by the specific administrative act to urge them to perform their obligations or to achieve the same state as the performance of their obligations, which may also be called administrative compulsory enforcement measures, or even directly referred to as administrative compulsory enforcement;
2. Immediate coercive measures.
Immediate compulsory measures refer to the resolute actions taken by the administrative entity directly against the person, property or behavior of the counterpart in order to eliminate the urgent obstruction and eliminate the emergency danger in order to eliminate the urgent obstruction and eliminate the urgent danger.
3. General coercive measures.
This type of compulsory measure is a compulsory measure taken by an administrative organ to temporarily restrict the personal or property rights of the relevant target in accordance with actual needs in order to ascertain the situation, or to prevent, stop, or control illegal or harmful situations, or to ensure the smooth progress of administrative work.
To sum up, where the circumstances of the illegal conduct are obviously minor or there is no obvious harm to society, administrative compulsory measures may not be employed.
Legal basis]:
Article 16 of the Administrative Coercion Law of the People's Republic of China.
Administrative organs performing administrative management duties are to prepare congratulatory measures in accordance with the provisions of laws and regulations, and to implement administrative compulsory measures.
Where the circumstances of the illegal conduct are obviously minor or there is no obvious harm to society, administrative compulsory measures may not be employed.
Article 12: Methods of administrative compulsory enforcement:
1) Impose additional fines or late fees;
2) Transferring deposits and remittances;
3) Auctioning or lawfully disposing of sealed or seized venues, facilities, or property;
4) Removing obstructions and restoring the original state;
5) Substitute performance;
6) Other methods of compulsory enforcement.
Article 17: Administrative compulsory measures are to be implemented by administrative organs provided for by laws and regulations within the scope of their legally-prescribed authority. The power of administrative compulsory measures must not be delegated.
Administrative organs exercising relatively centralized administrative punishment power in accordance with the provisions of the "Administrative Punishment Law of the People's Republic of China" may implement administrative compulsory measures related to administrative punishment power as provided for by laws and regulations.
Administrative compulsory measures shall be carried out by qualified administrative law enforcement personnel of administrative organs, and must not be carried out by other personnel.
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Analysis of legal prosperity: administrative compulsory measures are prescribed by law, but the law does not clearly stipulate the specific circumstances under which administrative compulsory measures may not be taken.
Legal basis: "Administrative Coercion Law of the People's Republic of China" Article 11 Where the law provides for the object, conditions, and types of administrative compulsory measures, administrative regulations and local regulations must not expand the provisions. Where administrative compulsory measures are not set up in the law, administrative regulations and local regulations must not set up administrative compulsory measures.
However, where the law stipulates that specific administrative measures shall be prescribed by the administrative regulations for specific matters, the administrative regulations may provide for other compulsory measures other than those provided for in paragraphs 1 and 4 of Article 9 of this Law and the administrative compulsory measures that shall be prescribed by law.
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Administrative coercive measures are not necessary. Compulsory measures are acts that lawfully impose temporary restrictions on a citizen's personal freedom, or temporarily control the property of a citizen, legal person, or other organization, in order to stop illegal conduct, prevent the destruction of evidence, avoid the occurrence of harm, or control the expansion of the danger, and are not required.
Legal basis: "Administrative Coercion Law of the People's Republic of China" Article 2 The term "administrative compulsion" as used in this law includes administrative coercive measures and administrative compulsory enforcement.
"Administrative compulsory measures" refers to the conduct of administrative organs, in the course of administrative management, to temporarily restrict citizens' personal liberty in accordance with law, or to temporarily control the property of citizens, legal persons, or other organizations, in order to stop illegal conduct, prevent the destruction of evidence, avoid the occurrence of harm, and control the expansion of dangers.
"Administrative compulsory enforcement" refers to the conduct of administrative organs or administrative organs applying to the people's courts to compel the performance of obligations in accordance with law against citizens, legal persons, or other organizations that do not perform on administrative decisions.
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Administrative coercive measures are not necessary under all circumstances. According to the provisions of the "Administrative Coercion Law", if the circumstances of the illegal act are obviously minor or there is no obvious harm caused by social coercion, the administrative organ may not take administrative coercive measures.
Legal basis] Article 2 of the Administrative Coercion Law of the People's Republic of China.
"Administrative compulsion" as used in this Law includes administrative compulsory measures and administrative compulsory enforcement.
"Administrative coercive measures" refers to the conduct of administrative organs, in the course of administrative management, to temporarily restrict citizens' personal freedom, or to temporarily control the property of citizens, legal persons, or other organizations, in order to stop illegal acts, prevent the destruction of evidence, avoid the occurrence of several rounds of harm, and control the expansion of dangers.
"Administrative compulsory enforcement" refers to the conduct of an administrative organ or an administrative organ applying to a people's court to compel the performance of obligations in accordance with law against citizens, legal persons, or other organizations that do not perform on administrative decisions.
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