Failure to sign does not affect the validity of the administrative penalty decision, as long as it is indicated when it is delivered. If there is any objection to the administrative punishment, it may bring an administrative reconsideration or an administrative lawsuit.
The written decision on administrative punishment must be signed by the relevant law enforcement personnel and stamped with the official seal of the law enforcement organ.
"Administrative Punishment Law" Article 52 If a law enforcement officer makes a decision on administrative punishment on the spot, he shall show his law enforcement certificate to the party concerned, fill in the written decision on administrative punishment in a predetermined format and number, and deliver it to the party concerned on the spot. If the party refuses to sign for it, it shall be indicated in the decision on administrative punishment.
The written decision on administrative punishment prescribed in the preceding paragraph shall specify the illegal acts of the parties concerned, the types and basis of administrative punishment, the amount, time and place of the fine, the ways and time limit for applying for administrative reconsideration and bringing an administrative lawsuit, and the name of the administrative organ, and shall be signed or sealed by law enforcement personnel.
The decision on administrative punishment made by law enforcement officers on the spot shall be reported to the administrative organ for the record.
Two, the administrative penalty decision should specify the matters.
1. Name and address of the party concerned. If the parties to the administrative punishment include citizens, legal persons or other organizations, the name and address of the legal person or other organization shall be stated.
2. Facts and evidence in violation of laws, regulations or rules. Illegal facts and evidence are the basis for the implementation of administrative punishment, which shall be specified in the decision on administrative punishment.
3, the types and basis of administrative punishment. Refers to what kind of administrative punishment the administrative organ gives the parties, and the provisions of the laws, administrative regulations, local regulations or rules on which the administrative organ makes the decision on administrative punishment shall be specified in the decision on administrative punishment.
4, the way and time limit of administrative punishment. The way to perform administrative punishment refers to the behavior of the parties to perform administrative punishment, such as paying a fine at a designated bank; Demolish illegal buildings, etc. The time limit is the time limit stipulated by law or required by the administrative organ to limit the parties' performance of the administrative punishment decision. It is illegal for an administrative party not to perform the administrative punishment decision according to the way of performance and the limited time limit, and the administrative organ may take compulsory measures to punish the party. Therefore, the written decision of administrative punishment must specify the way and time limit for the performance of administrative punishment.
5, refuses to accept the decision of administrative punishment, the way and time limit for applying for administrative reconsideration. This requires the administrative organ to explain to the parties the legal remedy for refusing to accept the decision on administrative punishment, that is, to apply for administrative reconsideration.
At the same time, it is necessary to inform the parties of the time limit for applying for administrative reconsideration, that is, they can apply for administrative reconsideration within 60 days from the date of knowing the specific administrative act; However, unless the application period prescribed by law exceeds 60 days.
Laws and regulations stipulate that an application for administrative reconsideration shall be filed with the administrative reconsideration organ first, and then an administrative lawsuit shall be filed with the people's court. If the administrative reconsideration organ refuses to accept it or fails to reply within the time limit for administrative reconsideration after accepting it, a citizen, legal person or other organization may bring an administrative lawsuit to the people's court according to law within 15 days from the date of receiving the decision of rejection or the expiration of administrative reconsideration.
6, the name of the administrative organ that made the decision on administrative punishment and the date of making the decision. This is an indispensable part of any legal document. The written decision on administrative punishment must be stamped with the seal of the administrative organ that made the decision on administrative punishment.
Three, the way of delivery of the decision on administrative punishment
(1) Direct delivery
Direct delivery, also known as delivery, means that the delivery organ sends a special person to deliver the document directly to the addressee. The service organ is the people's court in civil litigation and the administrative organ in administrative punishment. When delivered directly by the service organ, if the addressee is absent, it may be handed over to the adult family members who live with him for signature. If the addressee appoints an agent to the service organ, it shall be deemed as direct service if it is signed by the addressee.
(2) Service by lien
It means that the addressee refuses to accept the service document without justifiable reasons, and the service organ may, in accordance with the provisions of the Civil Procedure Law, invite representatives of relevant grassroots organizations or units to be present to explain the situation, and record the reasons and date of refusal on the service receipt and serve it on the addressee. The witness's signature or seal is left at the addressee's residence, which is deemed to be served.
(3) Entrusted service
It shows that direct service is really difficult. If the addressee does not live within the jurisdiction of the service organ, the service organ may entrust the organ where the addressee lives to serve on his behalf.
(4) forwarding and service
It means that if the person to be served is a soldier, it can be handed over through the political organ of his unit; If the person served is put in prison, he may be transferred through his prison or reeducation-through-labor unit. The institution that handed it over. After receiving the service document, the unit must immediately hand it over to the addressee for signing, and the date of signing on the service receipt shall be the date of delivery.
(5) Delivery by post
That is, a way to deliver the service document to the recipient by mail. In accordance with the provisions of the Civil Procedure Law, if direct service is indeed difficult, it may be served by mail. If it is served by post, the service organ shall deliver the service document to the post office and send it by registered mail. The registered receipt is the proof of delivery, and the date of receipt of the recipient on the receipt is the date of delivery.
(6) service of public announcement
The administrative penalty book is a punishment decision made by the administrative organ on the behavior of the actor in violation of administrative regulations, which contains the relevant matters of administrative punishment.