Administrative punishment shall be performed in accordance with certain legal procedures. If the penalty is decided, the penalty decision will definitely be delivered to the punished person. If the punished person refuses to sign, the police station may sign by the case-handling personnel present and the disinterested witness according to the provisions of the Civil Procedure Law on lien service.
No, the decision on public security punishment is the legal basis for punishment. Of course, there is no punishment without a punishment decision. Naturally, not to mention the issue of legal effect.
Relevant legal basis:
1, Public Security Punishment Law
Article 94 Before making a decision on administrative penalties for public security, the public security organ shall inform the facts, reasons and basis for violating administrative penalties for public security, and inform those who violate administrative penalties for public security of their rights according to law.
Those who violate the administration of public security have the right to state and defend themselves. The public security organ must fully listen to the opinions of the managers who violate the public security and review the facts, reasons and evidence put forward by the managers who violate the public security; If the facts, reasons or evidence put forward by the violator of public security administration are established, the public security organ shall adopt them.
The public security organ shall not increase the punishment because of the statements and defenses of the violators of public security administration.
Article 96 When making a decision on administrative penalties for public security, the public security organ shall make a written decision on administrative penalties for public security. The written decision shall contain the following contents:
(a) the name, sex, age, name and number of identity documents and address of the person being punished;
(2) Illegal facts and evidence;
(three) the types and basis of punishment;
(four) the execution method and time limit of the punishment;
(five) the way and time limit for applying for administrative reconsideration and bringing an administrative lawsuit against the punishment decision;
(six) the name of the public security organ that made the decision on punishment and the date of making the decision.
The written decision shall be sealed by the public security organ that made the punishment decision.
Article 97 The public security organ shall announce the written decision on administrative penalties for public security to the punished person and deliver it to the punished person on the spot. If it cannot be announced to the punished person on the spot, it shall be served to the punished person within two days. If it is decided to give administrative detention, it shall promptly notify the family members of the punished person.
If there is an infringed person, the public security organ shall send a copy of the decision to the infringed person.
Article 98 Before making a decision to revoke the license and impose a fine of more than 2,000 yuan, the public security organ shall inform the violator of public security administration that he has the right to request a hearing. If the violator of public security administration requests a hearing, the public security organ shall hold a hearing in time according to law.
Article 100 If the facts of acts violating the administration of public security are clear and the evidence is conclusive, and a warning or a fine of not more than 200 yuan is imposed, a decision on administrative penalties for public security may be made on the spot.
Article 101 If a decision on administrative punishment for public security is made on the spot, the people's police shall show their work certificates to those who violate the administrative punishment for public security and fill out the punishment decision. The penalty decision shall be delivered to the punished person on the spot; If there is an infringer, a decision will be copied to the infringer.
The written decision on punishment stipulated in the preceding paragraph shall specify the name of the person being punished, the illegal act, the basis for punishment, the amount of the fine, the time and place, and the name of the public security organ, and shall be signed or sealed by the responsible people's police.
If a decision on administrative punishment for public security is made on the spot, the people's police shall report it to the public security organ for the record within twenty-four hours.
Article 106 If the people's police collect fines on the spot, they shall issue a receipt for fines uniformly issued by the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to the person being punished; If the receipt of the fine is not uniformly issued, the punished person has the right to refuse to pay the fine.
2. Administrative Punishment Law
Fortieth administrative punishment decision shall be delivered to the parties on the spot after the announcement; If the party concerned is not present, the administrative organ shall, within seven days, serve the decision on administrative punishment on the party concerned in accordance with the relevant provisions of the Civil Procedure Law.
3. Civil Procedure Law
Article 77 There must be a receipt for the service of litigation documents, and the addressee shall record the date of receipt, sign or seal on the receipt.
The date of receipt by the addressee on the service receipt shall be the date of service.
Article 78 Litigation documents shall be served directly on the addressee. If the recipient is a citizen, I won't give it to the adult family members who live with him to sign for it.
The date of delivery is the date when the adult family members, legal persons or other organizations of the addressee are responsible for receiving and the litigation agent or agent signs for it.
Article 79 If the addressee or an adult family member living together refuses to accept the litigation documents, the addressee shall invite the representatives of the relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence with the signatures or seals of the addressee and witnesses, which shall be deemed as service.
This problem is clearly stipulated by law.
Article 96 of the Law on Public Security Administration Punishment stipulates: "If a public security organ makes a decision on public security administration punishment, it shall make a written decision on public security administration punishment. The written decision shall contain the following contents:
(a) the name, sex, age, name and number of identity documents and address of the person being punished;
(2) Illegal facts and evidence;
(three) the types and basis of punishment;
(four) the execution method and time limit of the punishment;
(five) the way and time limit for applying for administrative reconsideration and bringing an administrative lawsuit against the punishment decision;
(six) the name of the public security organ that made the decision on punishment and the date of making the decision.
The written decision shall be sealed by the public security organ that made the punishment decision. "
Article 97 stipulates: "The public security organ shall announce the written decision on administrative penalties for public security to the person being punished, and deliver it to the person being punished on the spot; If it cannot be announced to the punished person on the spot, it shall be served to the punished person within two days. If it is decided to give administrative detention, it shall promptly notify the family members of the punished person. "
Does the police station need the signature of the punished person to issue a decision on public security management punishment?
..... No, public security punishment is the right of the state, and the public security organ and the punished person are unequal subjects. The penalty decision is valid as long as it is based on the contract law, and it should be served on the parties and explain their rights and obligations. Whether the parties agree, accept or sign for it does not affect its legal effect.
Does not issue a decision on public security management punishment to the punished person mean that there is no legal punishment, so it has no legal effect?
..... that's for sure. Punishment is open, and there is no punishment without legal procedures, let alone legal effect.
Is there really no legal punishment record only if there is no written decision on public security management punishment?
..... yes. What is recorded is the case information, not the punishment decision. Written records are not "legal punishment records".