Legal Subjectivity:

If the party subject to administrative punishment exceeds the prescribed time and pays the fine, the administrative agency that made the administrative penalty decision may calculate the amount of each penalty at 3% of the amount of the fine. fines imposed on the day. However, the amount of the additional fine shall not exceed the original fine amount. Legal objectivity:

The decision-making procedure for administrative penalties refers to the procedures that administrative agencies must follow to identify violations of administrative laws and regulations by citizens, legal persons or other organizations in accordance with the law, and impose administrative penalties. The decision-making procedures mainly include general procedures, contract procedures, simplified procedures and hearing procedures. General Procedures Except for the administrative penalties that can be applied to summary procedures, other administrative penalties should follow general procedures. Generally speaking, fines of more than 50 yuan for citizens and more than 1,000 yuan for legal persons or other organizations, orders to suspend production and business, temporary suspension or revocation of permits and licenses, confiscation of illegal gains, confiscation of illegal property, administrative detention, etc., shall be subject to general laws. program. For administrative penalty cases to which summary procedures can be applied, general procedures should also be applied if the parties and law enforcement officials disagree on the determination of illegal facts, making it impossible to make an administrative penalty decision on the spot. The general procedures mainly include the following main contents: 1. Investigation and evidence collection. When conducting investigation and evidence collection, we must adhere to the principles of comprehensiveness, objectivity, and impartiality. We must collect evidence and materials that are detrimental to the parties as well as evidence and materials that are beneficial to the parties. When necessary, we can also conduct inspections in accordance with laws and regulations; conduct investigations. When conducting an inspection or inspection, the number of law enforcement officers of the administrative agency shall not be less than 2, and they shall present their certificates to the parties or relevant persons to indicate their identity. During the inquiry or inspection, transcripts shall be made in accordance with regulations; when collecting evidence, the method of sampling evidence may be adopted. Samples shall be sealed and authenticated or preserved by designated institutions. When the evidence may be lost or difficult to obtain in the future, with the approval of the person in charge of the administrative agency, the physical evidence that needs to be preserved may be registered and preserved in advance, and the parties concerned shall be ordered to preserve it properly. Transfer or damage, the administrative agency will make a decision within 7 days. The avoidance system must be adhered to when investigating and collecting evidence. All law enforcement officials who have a direct interest in the parties should recuse themselves and are not allowed to participate in the investigation and handling of this case. 2. Make a processing decision. After the investigation is completed, the person in charge of the administrative agency shall review the investigation results and make a decision on handling according to different circumstances: (1) If there is indeed an illegal act that is subject to administrative punishment, an administrative penalty decision shall be made based on the severity of the case and the specific circumstances. (2) If the illegal conduct is minor and administrative penalties may not be imposed according to law, no administrative penalties shall be imposed. (3) If the illegal facts cannot be established, administrative penalties shall not be imposed. (4) If the illegal act constitutes a crime, it shall be transferred to the relevant judicial authorities for handling. For complex or serious illegal acts, the person in charge of the administrative agency shall make a collective discussion and decision. If a decision is made to impose an administrative penalty, an administrative penalty decision letter shall also be prepared. The decision letter shall specify: the name and address of the parties involved; the facts and evidence of the violation of laws, regulations or rules; the basis and type of the administrative penalty; and the fulfillment of the administrative penalty. The method and time limit; the channels and time limits for applying for legal relief if you are dissatisfied with the administrative penalty decision; the name of the administrative agency that made the administrative penalty decision and the date of the decision. The administrative penalty decision must also be stamped with the seal of the administrative agency that made the decision. 3. Serve the administrative penalty decision letter. The administrative penalty decision shall be delivered to the parties on the spot after the announcement. If the parties are not present, the administrative agency shall adopt direct delivery, retention delivery, transfer delivery, entrusted delivery, mail delivery and announcement delivery within 7 days. Send the decision letter to the parties. ***Same procedures***Same procedures refer to the basic procedures that should be followed simultaneously when applying simple procedures and general procedures for administrative penalties. They mainly include: 1. Investigation procedures. Article 30 of the Administrative Penalty Law stipulates: “If citizens, legal persons or other organizations violate administrative order and should be given administrative penalties in accordance with the law, the administrative agencies must ascertain the facts; if the illegal facts are unclear, administrative penalties shall not be imposed.

"When administrative agencies handle administrative penalty cases, they should first conduct investigations to ascertain relevant facts and collect relevant evidence comprehensively, objectively and fairly. This is the basic requirement of the legal principle of "taking facts as the basis and the law as the criterion." 2. Notification procedures. Article 31 of the Administrative Penalty Law stipulates: “Before making an administrative penalty decision, the administrative agency shall inform the parties of the facts, reasons and basis for the administrative penalty decision, and inform the parties of their rights in accordance with the law. "Because parties often do not understand their rights, the law requires administrative agencies to inform them of their rights before making decisions. This not only helps parties use legal means to protect themselves, but also prevents administrative agencies from abusing their power. 3 .Statement and defense procedures. Article 32 of the Administrative Punishment Law stipulates: “The parties have the right to make statements and defense. "As a participant and witness of the relevant incident, the parties know the entire process of the incident best. We do not deny that the parties may deliberately conceal and distort illegal facts for fear of sanctions, but we should also see that the statements and defenses of the parties are not only conducive to the protection of the parties Their own legitimate rights and interests are more conducive to administrative agencies to comprehensively and objectively understand relevant events and identify illegal acts. Therefore, when handling administrative penalty cases, administrative agencies must ensure that the parties have the right to statement and defense according to law and fully listen to the parties. The opinions, facts, reasons or evidence put forward by the parties should be reviewed, and those that are correct should be adopted, and those that are wrong should not increase the administrative penalty for the parties. Summary procedures, that is, on-the-spot punishment procedures, refer to the handling of minor violations. , relatively simple administrative penalty procedures that should be followed when imposing lighter administrative penalties. The following conditions should generally be met for the application of summary procedures: 1. The illegal facts are conclusive. This mainly means that the case is simple, the facts are clear, and the evidence is conclusive, and no further steps are required. Investigation and evidence collection. 2. There is a legal basis. The application of summary procedures for administrative penalties must be clearly stipulated in laws, regulations or rules, and the punishment must be clearly stated. 3. It is limited to specific types of administrative penalties. Only if an administrative penalty of less than 50 yuan is imposed, and a fine of less than 1,000 yuan or a warning is imposed on a legal person or other organization, the simplified procedure can be applied. For citizens, legal persons or other organizations, fines exceeding the limit or other types of administrative penalties can only be imposed according to general procedures. Simple procedures cannot be applied. The application of simplified procedures generally includes the following contents: (1) The law enforcement personnel of the administrative agency shall make an administrative penalty decision on the spot. (3) The law enforcement personnel of the administrative agency shall fill in the predetermined form. A numbered decision on administrative punishment shall specify the illegal act, basis for punishment, type of punishment or amount of fine, time, place, and the name of the administrative agency, and shall be signed or sealed by the law enforcement officer. (4) Administration. The penalty decision must be delivered to the parties on the spot. (5) Law enforcement officers must report the administrative penalty decision to the administrative agency for record. The parties must also be informed of their rights and allowed to make statements and defenses if they are not satisfied with the punishment on the spot. Administrative reconsideration or administrative litigation can be initiated in accordance with the law. The hearing procedure is a newly established procedure in the Administrative Punishment Law. In order to ascertain the facts of the case and implement administrative penalties fairly and reasonably, the hearing procedure listens to the opinions of the parties before making an administrative penalty decision. A system. It plays a positive role in preventing law enforcement officials from acting arbitrarily and strengthening internal constraints of administrative agencies. According to the provisions of the Administrative Punishment Law, the hearing procedure is mainly applicable to ordering citizens, legal persons or other organizations to suspend production and business, and revoke licenses. Administrative penalties such as licenses or larger fines are not mandatory. Before making a penalty decision, the administrative agency should inform the parties of their right to request a hearing. However, whether the parties actually enter the hearing process depends on whether the parties are present. If an application is made to the administrative agency within the statutory rights period, the hearing procedure must be applied only when the party requests a hearing.

When an administrative agency holds a hearing, it must notify the parties of the time and place of the hearing 7 days in advance; unless it involves state secrets, commercial secrets or personal privacy, the hearing shall be held in public; the hearing shall be presided over by an investigator designated by the administrative agency who is not an investigator of the case; when the hearing is held, The investigators put forward the facts, evidence and administrative penalty suggestions for the party's violation of the law, and the party makes defense and cross-examination; a transcript of the hearing shall be made and submitted to the party for review and signature or seal.