According to the "Administrative Enforcement Law", the implementation of administrative enforcement measures by administrative agencies shall be reported to the person in charge of the administrative agency and approved, and shall be implemented by more than two administrative law enforcement officers, who shall present their law enforcement identification documents and notify the parties to be present. Inform the parties on the spot of the reasons and basis for taking administrative compulsory measures, as well as the rights and relief channels that the parties enjoy in accordance with the law, and listen to the statements and defense of the parties. And comply with the following procedural regulations:

1. Before implementation, it must be reported to the person in charge of the administrative agency and approved and implemented by more than two administrative law enforcement personnel

2. Require the production of law enforcement identification documents And notify the parties to attend the scene

3. Inform the parties on the spot of the reasons and basis for taking administrative compulsory measures, as well as the rights and remedies enjoyed by the parties according to law, as well as the parties’ statements and defense;

4. Production On-site transcripts

5. The on-site transcripts shall be signed or stamped by the parties and administrative law enforcement personnel. If the parties refuse, this shall be noted in the transcript

6. If the parties are not present, witnesses shall be invited. When people are present at the scene, witnesses and administrative law enforcement personnel will sign or stamp the on-site transcript

7. Other procedures stipulated by laws and regulations.

The main administrative compulsory measures include the following types:

1. Seizure. Seizure means that the administrative agency with jurisdiction seals the property of the party concerned on the spot and does not allow anyone to transfer or handle it. The administrative agency may designate a party to be responsible for the safekeeping of property seized on the spot. During the custody period, as long as the property is not seized, the party concerned may use the property with the approval of the administrative agency. If the party refuses to keep it or keeps it improperly, causing losses, he will be held responsible. If necessary, administrative agencies may also seal the seized property in a different location, or designate other units or individuals for safekeeping.

2. Seizure. Seizure means that the administrative agency with jurisdiction transfers a party's items, documents that can be used as necessary evidence, and property that should be confiscated according to law to another location and detains it to prevent the party from possessing, using or disposing of it. Seizure and seizure are different. Seizure is mainly carried out on the spot, with a seal attached, and some of the seized property can be used by the party concerned. Seizure is mainly carried out at a different location, without a seal, and no matter who keeps the seized physical evidence, they are not allowed to use it arbitrarily. property.

The items and documents seized must be items and documents that can be used as physical evidence and documentary evidence. Any other items or documents unrelated to the case shall not be seized. The seized physical evidence and documentary evidence shall be properly kept or sealed. First of all, registration must be done, and physical evidence and documentary evidence that cannot be included in the file must be properly kept or sealed. First of all, registration must be done, and physical evidence and documentary evidence that cannot be included in the file should be photographed and the photos attached to the file; physical evidence and documentary evidence that are easily damaged should be fixed and preserved by taking photos, videos, drawings, etc. After the case is closed, it will be sent to the competent department or handled according to regulations. No one may use or damage the seized items or documents under any excuse. If the investigation does not constitute a violation of the law, the seized physical evidence and documentary evidence shall be returned to the party concerned. If the seized physical evidence is damaged or even lost due to the negligence of the administrative agency, causing damage to the party concerned, it shall be liable for compensation.

When seizing or detaining property, the administrative agency shall notify the parties and interested parties to be present, and present the sealing or detaining order issued by the administrative head of the administrative agency. If the parties and interested parties refuse to be present, the administrative agency may notify relevant organizations to send personnel to assist in the seizure and seizure. Law enforcement officers should work with on-site witnesses and parties involved in the seizure of items and documents to make a clear inventory. For the seized or impounded property, the administrative agency must make a list indicating the name, specifications, characteristics, quality, quantity, and documents of the seized items. The name, number, etc., as well as the location where the items and documents were found, and the time of seizure should be signed and sealed by the parties or interested parties, and those who assisted in the seizure and seizure. The Administrative Penalty Law stipulates that if a party fails to fulfill the administrative penalty of fine within the time limit, the administrative agency may auction the sealed or impounded property and use the proceeds to pay the fine.

3. Freeze. Freezing is a coercive measure taken against the deposits of the parties concerned. When the administrative agency with jurisdiction deems it necessary to freeze the deposits of a party in order to ensure the execution of administrative penalties, it shall issue a notice of enforcement assistance in the name of the administrative agency, and the relevant bank or credit union shall freeze the deposits, and the party and others shall not be allowed to withdraw and deposit the deposits. transfer.

The Administrative Penalty Law stipulates that if the party fails to pay the administrative penalty of fine overdue, the administrative agency may transfer the frozen deposit to offset the fine. In addition, the administrative penalty also stipulates that when collecting evidence, the administrative agency may adopt the method of sampling evidence; in the case that the evidence may be lost or difficult to obtain in the future, with the approval of the person in charge of the administrative agency, it may be registered and preserved in advance, and the evidence shall be promptly registered within 7 days. Make processing decisions. The evidence registration and preservation measures stipulated here are mandatory inspection measures. Although they are not administrative compulsory measures, they will also have a relatively broad impact on the rights and interests of the parties. Therefore, the Administrative Penalty Law has relatively strict restrictions on this. First, the administrative agency that adopts evidence registration and preservation measures must be an administrative agency with the power of administrative penalties; second, the administrative agency must take evidence registration and preservation measures when the evidence may be lost or difficult to obtain in the future; third, it must take evidence registration and preservation measures. Measures for the registration and preservation of evidence must be approved by the person in charge of the administrative agency, and a decision must be made promptly within 7 days. Otherwise, the measures for the registration and preservation of overdue evidence will be automatically lifted.

Legal basis:

"Compulsory Administrative Law of the People's Republic of China"

Article 18 of the "Administrative Coercion Law"_Administrative agencies implement administrative Compulsory measures shall comply with the following provisions:

(1) Must be reported to the person in charge of the administrative agency and approved before implementation;

(2) Implemented by more than two administrative law enforcement personnel;< /p>

(3) Present law enforcement identification documents;

(4) Notify the parties to be present;

(5) Inform the parties on the spot of the reasons and basis for taking administrative compulsory measures and The rights and remedies enjoyed by the parties in accordance with the law;

(6) Hearing the statements and defenses of the parties;

(7) Producing on-site transcripts;

(8) The on-site transcript shall be signed or stamped by the party concerned and the administrative law enforcement personnel. If the party concerned refuses, it shall be noted in the transcript;

(9) If the party concerned is not present, witnesses shall be invited to the scene, and the witnesses and administrative law enforcement personnel shall be present. The personnel shall sign or stamp the on-site transcript;

(10) Other procedures stipulated by laws and regulations.