Two, the authority is legal, and the administrative punishment must be implemented within the statutory authority. Beyond the statutory authority, it is ultra vires administration, which is invalid. The statutory authority includes two aspects: first, the supervision and management power entrusted by laws and regulations to the regulatory authorities; Secondly, according to the authorization of laws and regulations, according to the needs of performing duties, the existing administrative powers are configured and arranged within the system.
Third, the content is legal. Administrative punishment must have a clear legal basis, "there is no explicit provision in the law, and it shall not be done"; We must correctly apply laws and regulations and apply the legal basis prevailing at that time. The decision on punishment must be based on the illegal facts, and there must be sufficient, objective and legal conclusive evidence to prove the illegal facts.
Fourth, the procedure is legal. The prescribed procedural system mainly includes the notification system, the hearing system, the separation system of investigation and decision, and the separation system of fine decision and collection, which must be strictly implemented in the process of punishment.
Law on Administrative Punishment Article 3 Where a citizen, legal person or other organization violates the administrative order and should be given administrative punishment according to this Law, it shall be prescribed by laws, regulations or rules, and shall be implemented by the administrative organ according to the procedures prescribed by this Law.
Administrative punishment is invalid if there is no legal basis or if legal procedures are not followed.
Article 8 Types of administrative punishment in the Administrative Punishment Law:
(1) warning;
(2) a fine;
(three) the confiscation of illegal income and illegal property;
(four) ordered to suspend production or business;
(5) withholding or revoking the license, withholding or revoking the license;
(6) Administrative detention;
(seven) other administrative penalties prescribed by laws and administrative regulations.
Twelfth regulations formulated by the Ministry of the State Council, can make specific provisions within the scope of the acts, types and scope of administrative punishment stipulated by laws and administrative regulations.
Where laws and administrative regulations have not been formulated, the regulations formulated by the Ministry of the State Council and the Committee mentioned in the preceding paragraph may set administrative penalties such as warning or a certain amount of fine for acts violating administrative order. The limit of fines shall be stipulated by the State Council.
The State Council may authorize the directly affiliated institutions with the power of administrative punishment to stipulate administrative punishment in accordance with the provisions of the first and second paragraphs of this article.
Article 13
The rules formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the municipal people's governments where the people's governments of provinces and autonomous regions are located and the people's governments of larger cities approved by the State Council may make specific provisions within the scope of the acts, types and ranges of administrative penalties prescribed by laws and regulations.
If laws and regulations have not been formulated, the regulations formulated by the people's government as stipulated in the preceding paragraph may set administrative penalties such as warnings or a certain amount of fines for acts that violate the administrative order. The limit of fines shall be stipulated by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government.
Article 14
Except for the provisions of Articles 9, 10, 11, 12 and 13 of this Law, other normative documents may not set administrative penalties.
Fifteenth administrative punishment shall be implemented by administrative organs with administrative punishment within the scope of statutory functions and powers.
Article 19 An entrusted organization must meet the following conditions:
Institutions established according to law to manage public affairs;
(2) Having staff who are familiar with relevant laws, regulations, rules and business;
(3) If technical inspection or technical appraisal is needed for illegal acts, corresponding technical inspection or technical appraisal may be organized. Article 33
If the illegal facts are conclusive and there is a legal basis, a decision on administrative punishment may be made on the spot if a citizen is given an administrative penalty of less than 50 yuan or a legal person or other organization is given a fine of less than 1000 yuan or a warning. The parties concerned shall implement the decision on administrative punishment in accordance with the provisions of Articles 46, 47 and 48 of this Law.
Article 34
If a law enforcement officer makes a decision on administrative punishment on the spot, he shall show his law enforcement identity certificate to the party concerned and fill in the written decision on administrative punishment in a predetermined format and number. The written decision on administrative punishment shall be delivered to the parties on the spot.
The written decision on administrative punishment prescribed in the preceding paragraph shall specify the illegal act of the party concerned, the basis of administrative punishment, the amount, time and place of the fine and the name of the administrative organ, and shall be signed or sealed by the law enforcement personnel.
The decision on administrative punishment made by law enforcement officers on the spot must be reported to the lower administrative organ for the record.
To sum up, the administrative organ without legal authorization or the unit authorized by it is not qualified to impose a fine, and the unit with the right to impose a fine should also make an administrative penalty decision or apply a summary procedure, and can make an administrative penalty decision on the spot, but the administrative penalty decision made by law enforcement officers on the spot must be reported to the administrative organ for the record. And issue non-financial income bills to the punished person. If the access control place is not stipulated by laws and regulations, the clear provisions made by the people's governments at or above the municipal level have no legal effect, that is, the fine is illegal and can be refused. However, if the rod collision causes losses, compensation should be made in accordance with the provisions of the People's Potential Law. In addition, if it is known that the person who hit the pole is in the process of escape due to illegal crimes, anyone has the obligation to assist the public security to arrest him and hand him over to the public security organ for handling.