Let me give you a brief introduction to the process and conditions of administrative punishment. 1. Summary procedure: Article 33 of the Administrative Punishment Law stipulates: "If the illegal facts are conclusive and there is a legal basis, if a citizen is imposed an administrative penalty of less than 50 yuan, and a legal person or other organization is imposed a fine of less than 1,000 yuan or a warning, a decision on administrative penalty may be made on the spot. The parties concerned shall implement the decision on administrative punishment in accordance with the provisions of Articles 46, 47 and 48 of this Law. " It can be seen that the application of administrative punishment must meet three conditions: 1, and the illegal facts are conclusive. In other words, there is enough evidence to show that there are illegal facts, and it is indeed done by the parties. 2. There is a clear and specific legal basis for administrative punishment of this illegal act. 3. The punishment is relatively light. Individuals are fined or given a warning below 50 yuan, and organizations are fined or given a warning below 1000 yuan. When making a decision on administrative punishment on the spot, administrative law enforcement officers should strictly follow the following procedures: 1, show their law enforcement certificates to identify themselves; 2, inform the facts, reasons and basis for making the decision on administrative punishment; 3. Listen to people's statements and complaints at that time; 4, fill in the predetermined format, number of administrative punishment decision. The written decision on administrative punishment shall specify the illegal act of the party concerned, the basis of administrative punishment, the amount, time and place of the fine and the name of the administrative organ, and shall be signed or sealed by law enforcement officers. 5. The written decision on administrative punishment shall be delivered to the parties on the spot. General procedure: scope of application of general procedure: 1,? Serious cases, that is, all administrative penalties except warning and fine of 50 yuan are imposed on individuals, and all administrative penalties except warning and fine of 1000 yuan are imposed on organizations; 2, the circumstances are complex, that is, the need to investigate and find out the punishment cases; 3. Cases in which the parties have different opinions on the fact that law enforcement officers are punished on the spot and cannot make a decision on administrative punishment. Specific content of general procedure: 1. Investigation and evidence collection Articles 36 and 37 of the Administrative Punishment Law stipulate that if an administrative organ discovers that a citizen, a legal person or any other organization has an act that should be given administrative punishment according to law, it must conduct a comprehensive, objective and impartial investigation and collect relevant evidence; When necessary, inspection can be conducted in accordance with the provisions of laws and regulations. When an administrative organ conducts an investigation or inspection, there shall be no less than two law enforcement personnel, and they shall show their certificates to the parties concerned or relevant personnel. The parties concerned or relevant personnel shall truthfully answer the inquiry and assist in the investigation or inspection, and shall not obstruct it. A record shall be made of the inquiry or inspection. When collecting evidence, the administrative organ may adopt the method of sampling for evidence collection; In the case that the evidence may be lost or difficult to obtain later, it may be registered and preserved in advance with the approval of the person in charge of the administrative organ, and a decision on handling it shall be made in time within seven days. During this period, the parties concerned or relevant personnel shall not destroy or transfer the evidence. Law enforcement officers who have a direct interest with the parties concerned shall withdraw. 2 inform the facts, reasons, basis and related rights of punishment. Articles 32 and 4 1 of the Administrative Punishment Law stipulate that the parties have the right to make statements and defend themselves. The administrative organ must fully listen to the opinions of the parties and examine the facts, reasons and evidence put forward by the parties; If the facts, reasons or evidence put forward by the parties are established, the administrative organ shall adopt them. The administrative organ shall not aggravate the punishment because the parties plead. Before making a decision on administrative punishment, the administrative organ and its law enforcement personnel failed to inform the parties of the facts, reasons and basis of administrative punishment in accordance with the provisions of Articles 31 and 32 of this Law, or refused to listen to the statements and arguments of the parties, and the decision on administrative punishment could not be established; Unless the parties give up their right to state or defend themselves. 3. Listen to statements, debates or hold hearings. Articles 32, 4 1 and 42 of the Administrative Punishment Law stipulate that the administrative organ shall listen to the statements and arguments of the parties before making the decision on administrative punishment; If the respondent requested to hold a hearing at that time, and it really meets the conditions for hearing, the administrative organ shall hold a hearing. 4. Decision on Punishment According to the provisions of Articles 38, 39 and 40 of the Administrative Punishment Law, after the above three procedures, the person in charge of the administrative organ shall review the investigation results and make the following decisions according to different situations: (1) If there are indeed illegal acts that should be subject to administrative punishment, the administrative punishment decision shall be made according to the seriousness and specific circumstances; (two) the illegal act is minor, and administrative punishment may not be imposed according to law; (three) if the illegal facts cannot be established, no administrative punishment shall be given; (four) if the illegal act has constituted a crime, it shall be transferred to judicial organs. If the circumstances are complicated or major illegal acts are given heavier administrative punishment, the person in charge of the administrative organ shall make a collective discussion and decision. The statutory conditions for administrative punishment are as follows: 1. The actor violated administrative regulations. 2. The illegal act violates the administrative order. 3. Actors have the ability to be responsible.