The decision on administrative punishment is a decision on punishment for illegal acts made by administrative organs according to law, which needs to be served according to regulations. There are several ways to serve the administrative penalty decision: 1. The parties sign for service: that is, the administrative organ gives the decision to the parties to sign for it, which is generally applicable to the situation that the parties accept the service. 2. Delivery by post: that is, when the administrative organ delivers the written decision to the parties by post, it must ensure that the envelope is stamped with the official seal of the sender and the date is indicated on the postmark. 3. Service of Announcement: It is applicable to the case that the parties can't contact or can't be served, and the administrative organ needs to publish an announcement in the newspaper to inform the parties of the decision. 4. Transmission of legal documents through the network transmission system: refers to the use of the Internet to transmit documents, and the signature needs to use a digital certificate with electronic signature function. No matter what service method is adopted, the parties concerned shall file a lawsuit or apply for administrative reconsideration within 05 days from the date of receiving the decision. Failing to prosecute or apply for reconsideration within the time limit shall be regarded as the party's acceptance of the decision on administrative punishment.
If the party is not at the address, how can it be delivered effectively? If you use mail delivery, you need to register with the post office if the party is not at this address. That is, the courier delivers it at least twice, once every other day, with an interval of at least 48 hours. If the delivery is still unsuccessful, the courier will leave the notice at the contact address of the party concerned and indicate the relevant information on the delivery record, and then return it to the post office. In this case, as long as the post office is properly registered according to the prescribed procedures, the service can be considered effective. For other ways of service, as long as it can be proved that the administrative organ has taken reasonable service measures, it can be regarded as effective service.
The decision on administrative punishment is a decision on punishment for illegal acts made by administrative organs according to law, which needs to be served according to regulations. The delivery methods include signing and delivery by the parties, delivery by mail, delivery by announcement and delivery by legal document network delivery system. The parties concerned shall bring a lawsuit or apply for administrative reconsideration within 05 days from the date of receiving the decision. If the party concerned is not at the address, the post office shall be required to register properly; Other delivery methods can also be considered as effective delivery if reasonable measures are taken.
Legal basis:
"Administrative Punishment Law of the People's Republic of China" Article 41 If an administrative organ uses electronic technology monitoring equipment to collect and fix illegal facts in accordance with the provisions of laws and administrative regulations, it shall go through legal and technical audit to ensure that the electronic technology monitoring equipment meets the standards, is reasonably set up and has obvious signs, and announce the installation location to the public. The illegal facts recorded by electronic technology monitoring equipment shall be true, clear, complete and accurate. The administrative organ shall examine whether the contents of the record meet the requirements; Unaudited or unqualified shall not be used as evidence of administrative punishment. The administrative organ shall promptly inform the parties of the illegal facts, and take information means or other measures to facilitate the parties' inquiries, statements and defenses. The rights of statement and defense enjoyed by the parties shall not be restricted or restricted in disguised form.