What is an administrative penalty decision?
my country's judicial field includes three major sections: criminal law, civil law, and administrative law. Of course, some big cities also have special courts to manage intellectual property laws, but they are generally managed together with civil laws. Among them, criminal law and civil law are areas of common law, which are the sole responsibility of the legislative and judicial organs. However, the main body of enforcing administrative law is the administrative agency. That is to say, in addition to the framework of administrative law being formulated by the legislative body, its main content is promulgated and implemented by local administrative agencies according to specific circumstances, including administrative regulations and administrative rules, and the specific executive agencies are also Administrative agencies themselves or subordinate agencies are not judicial agencies.
The administrative penalty decision is a notification letter based on the administrative agency’s punishment of the party’s illegal behavior (administrative regulations and rules), including traffic violations, road occupation, improper speech, etc., which all fall under administrative law. jurisdiction. To put it simply, administrative punishment is a penalty decision issued by the party who did not violate the criminal law, but caused a certain negative social influence, or the local administrative agency should deal with the matter.
Going back to Zhang Yunlei’s administrative penalty decision this time, first of all, from the header to the content, the words used in the penalty decision are “suspected of containing content that is harmful to social morality.” I personally feel that this word is used in formal punishments. The decision letter is very informal. "Suspected" is an uncertain word, and in legal documents that make penalties or characterize cases, the words must be definite and pointed. "Suspected", "possible", etc. should not appear in the officially issued penalty decision. This is tantamount to saying, "This matter has not yet been determined, or there is no clear legal basis to prove that it is illegal."
The legal provisions cited in the penalty decision: Article 20 of the "Regulations on the Administration of Commercial Performances" Five provisions:
Article 46 is a specific penalty measure, that is, because it is "suspected" of violating the provisions of Article 25, the performance organizer Tianjin Huayu Tiancheng Culture Communication Co., Ltd. The company's business license was revoked, which was the heaviest part of the entire penalty decision.
Qingdao Artists Culture and Arts Co., Ltd. was fined 50,000 yuan, which is the second heaviest punishment. The reason is that as a performance planner, it should have corresponding supervision responsibilities for the performance content. In view of the In this performance incident that was "suspected" of endangering social morality, he was responsible for the failure to supervise the performance content, so he was fined.
Finally, as a performer, Zhang Yunlei and Yang Jiulang ordered his agency Deyunshe to publicly apologize, criticize and educate him, and deal with it seriously.
The handling process and results of this incident are actually very consistent with our country’s national conditions, and there are many relevant cases to support it. The artist's performance caused huge negative social effects due to inappropriate remarks. Generally speaking, the performance unit, the planner, and the artist themselves will deal with it. In particular, some incidents that have vague directions and are purely interpreted by the outside world and have social influence are handled strictly in accordance with this standard. Back then, Jia Ling triggered an upsurge of social criticism for her spoof of Hua Mulan. In the end, Jia Ling apologized. It was also the program that was punished. Because you have the obligation to review and plan, and ultimately let the program be released and caused negative effects, then as the program, you should bear the main responsibility. Responsibilities, the artist as the performing party shall bear additional responsibilities.
The same is true for Zhang Yunlei's incident, because from the beginning to the final criticism by major mainstream media, it was all a matter of "interpretation", that is, a marketing account maliciously spread the matter, and eventually caused Hot discussion on the Internet. The reason why the mainstream media stepped down one after another was because the incident was too popular, so they took a stand, and they all expressed tolerance after criticism. This time, the Ministry of Culture and Tourism supervised the Qingdao Cultural Bureau to investigate and punish the matter, which is also a gesture to avoid subsequent effects. The final result of the investigation was that from the performance organizer to the planner, and then to the artist himself, penalties were imposed one by one, with the severity decreasing in order. This shows that the incident itself is not what the marketing account renders, and the mainstream media and related institutions will not be taken seriously by the marketing account. For gun users, just follow the prescribed procedures.
The next thing Zhang Yunlei has to do is to accept the punishment well, reflect on his mistakes caused by inappropriate words and deeds, and not to violate these minefields in the future. As a young crosstalk actor, he has the obligation to use his own Words and deeds guide the positive energy of society, rather than breaking various taboos purely for fun.