--------Industrial and Commercial Administration Bureau

Administrative Penalty Decision

---Industrial and Commercial Office Words [2010] ××No. /p>

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Party: ×××.

Points to note

If the party is a natural person, the name, gender, age (expressed in terms of date of birth), ethnicity, place of origin, education level, address (residence and If the place of usual residence is inconsistent, please write the place of usual residence), ID number, postal code, contact number, etc.

If the party concerned is an individual industrial and commercial household, on the basis of the above description of the natural person, the name of the trade name, business location, business scope, business period, registration number, etc. will be added based on the specific case circumstances.

If the parties are legal persons or unincorporated enterprises and their branches, the name, legal representative (responsible person), registered capital, domicile, enterprise type, business scope and method, date of establishment, registration number , zip code and contact number, etc.

If there is an entrusted agent, the basic information should be stated.

On ××year×month×day, the law enforcement officers of this bureau inspected the ×× store operated by the party at ×× (location) in accordance with the law and found that the party ×× (behavior engaged in) was suspected of ××. The Bureau will open the case for investigation on the same day (or a specific date). Or expressed as ××year×month×day, this Bureau received a report from Investigate the case.

Points to note

Generally, based on the description of the process of the case, the source of the case and the filing status of the case should be written clearly.

After investigation, it was found that ×××××.

Points to note

The statement should be complete and accurate, including the time, location, content, process, plot, and consequences of the illegal act, as well as the name, specifications, brand, quantity, logo, and Amount, illegal income, etc.; at the same time, objective statements should be made about the subjective intentions of the parties, the means adopted, and the social consequences caused. All factual elements related to the characterization of the case and punishment cannot be omitted. Relevant data must be corresponding and balanced. Multiple illegal acts must be clearly stated separately. There should be no contradictions between illegal facts. The presentation of the entire facts must be layered and logical.

The above facts are confirmed by the following evidence:

Evidence 1: 1 copy of the interrogation record of ×× (the person being questioned) on ××year×month×day" to prove×× ;

Evidence 2: 2 photos taken from the scene of ×× (location) to prove ××

Points to note

The evidence can be listed as follows. The facts should be classified in order of priority and probative power, and the facts proved by the evidence should be briefly explained. Each piece of evidence should be numbered and have multiple evidence names that can distinguish each other. If a behavior violates multiple legal provisions, the evidence for different illegal acts must be listed separately; multiple evidence proving the same fact should be listed and explained together; if a behavior violates multiple legal provisions, the evidence should be listed together and should not be stated separately; but the evidence proving the identity of the parties There is no need to list the evidence repeatedly. The evidence should be linked closely to form a complete chain of evidence.

After the investigation of this case was completed, on ××year×month×day, the bureau served the party with the word "industrial and commercial ×". "Notice of Administrative Penalty Hearing" No. 〔×××〕The party concerned requested a hearing (statement, defense) to this Bureau on ×××month××year. The specific reasons are:

1. , × × × × Make a request for a hearing (statement, defense).

Points to note

It is necessary to state the time when the administrative penalty (or hearing) notice was served to the party, and whether the party made a statement, defense (or hearing application) within the statutory time limit ), for those who make statements or defences, explain the basic points, main reasons and specific requirements of their statements or defences.

This Bureau believes: (Detailed qualitative analysis of the case) ××××××××××.

The behavior of the party ××××× (specific illegal acts) violated ×××× (specific prohibition provisions) and constituted ×××× conduct.

Points to note

Provide a relatively sufficient rationale for the characterization of the case, the applicable basis, and the selection of punishment content. This includes analyzing, summarizing, and characterizing the facts ascertained, and specifying the specific clauses in which the parties violated laws and regulations; expounding the review opinions on the parties’ statements and defense opinions, clarifying whether to accept them, and explaining the reasons; expounding the hearing opinions; and quoting When using the basis, it is recommended to state the specific content of the cited basis by appending legal provisions to the administrative penalty decision.

In view of the parties ××××× (discretionary circumstances and reasons), the party can (should) ×××××.

Points to note

Based on the objective evaluation of the subjective intentions, means, and social consequences of the parties’ illegal conduct, the circumstances and reasons for lenient or mitigated, severe or aggravated punishment , provide necessary explanations of the legal basis to make the exercise of discretion legal and reasonable.

According to ××××× (specific penalty provisions), it is decided to punish the parties as follows:

1. ×××××;

2. ×××××.

Points to note

Administrative guiding opinions such as "ordering corrections within a time limit and ordering the parties to correct the above-mentioned illegal acts" are not enforceable and are generally given in the text before the penalty decision. Expression. The seven types of administrative penalties stipulated in the "Administrative Penalty Law" should be stated in the decision matters.

The party concerned shall go to ×× Bank (address: ××××, account: ××××, account number: ×××××) within fifteen days from the date of receipt of this penalty decision. Pay the fine. If the party concerned fails to fulfill the administrative penalty decision within the time limit, an additional fine of 3% of the fine amount will be imposed every day, and an application will be made to the People's Court for enforcement.

If you are dissatisfied with this administrative penalty decision, you may apply for reconsideration to the ×× Industrial and Commercial Administration Bureau or the ××× People’s Government within sixty days from the date of receipt of this administrative penalty decision. You may also apply to the ×× Lift an administrative lawsuit directly to the People's Court of ×× within If a party is dissatisfied with the administrative penalty decision and applies for administrative reconsideration or files an administrative lawsuit, the execution of the administrative penalty will not be suspended.

Points to note

The expression of the right to relief is a risk reminder to prevent the parties from mistakenly thinking that they can temporarily suspend the implementation of the penalty decision by filing a reconsideration or lawsuit, thereby causing unnecessary losses. When notifying the relief rights, the requirements of the Hanzhong Industrial and Commercial Administration Bureau's Notice on Re-regulating the Expression of Administrative Relief Rights in Administrative Punishment Cases of the Industrial and Commercial Administration Bureau No. 14 [2007] of Hanzhong Industrial and Commercial Administration Bureau shall be implemented, which is consistent with the current If laws and regulations are inconsistent, the new regulations will apply.

Case organizer: ×××

Case co-organizer: ×××

------Administrative Bureau for Industry and Commerce (official seal)

××年××month××日