First, how does the Administrative Punishment Law stipulate the hearing procedure?

1. If a party requests a hearing, it shall do so within 3 days after being informed by the administrative organ. The time for requesting a hearing should be before the administrative organ completes the investigation of the case and makes a decision on administrative punishment. The administrative organ shall notify the parties to be present, and inform them of the illegal facts that have been ascertained, the legal basis for punishment and the administrative punishment to be given. If the parties have different opinions on the matters informed by the administrative organ, and they are inconsistent with the determination of the administrative organ, that is, there are major differences, they may request a hearing, which shall be put forward to the administrative organ within 3 days after the administrative organ informs them.

2. The administrative organ shall notify the parties of the time and place of the hearing 7 days before the hearing. In order to ensure that the parties have enough time to prepare for the hearing, the administrative organ must notify the parties of the time and place of the hearing 7 days ago.

3. The hearing shall be held in public unless it involves state secrets, commercial secrets or personal privacy. It is stipulated that the hearing must be held in public unless it involves state secrets, commercial secrets or personal privacy, so as to follow the principle of open administrative punishment, facilitate the people's supervision of the hearing and ensure the fairness of the hearing.

4. The hearing shall be presided over by a person other than the case investigator designated by the administrative organ. If the parties think that the host has a direct interest in the case, they have the right to apply for withdrawal. This is a provision made to ensure the fairness of the hearing. The administrative organ shall designate its administrative personnel as the presiding hearer, but it cannot designate the investigators of the hearing case as the presiding hearer. If the parties believe that the presiding hearer appointed by the administrative organ has a direct interest in the case, they have the right to apply for the withdrawal of the presiding hearer. The administrative organ shall examine the application for withdrawal put forward by the parties. If the host does not meet the statutory requirements, it shall be withdrawn and a new host shall be appointed.

5. The parties may attend the hearing in person or entrust 1 to 2 people as agents. This is a rule for the participants in the hearing. Hearing is an opportunity and occasion for the parties to defend themselves and find out the facts. The parties may participate in the hearing and defend themselves. You can also entrust 1 person or two people to participate in the hearing and defend the parties. The agent may be a close relative of the party concerned or a lawyer hired by the party concerned.

6. When the hearing is held, the investigators put forward the facts, evidence and administrative punishment suggestions of the illegal parties; The parties make defense and cross-examination. After the hearing begins, the administrative organ shall accuse the parties of illegal acts, issue evidence materials and put forward punishment opinions; The parties express their opinions on the facts accused by the administrative organ and related issues. Show evidence and reply; The administrative organ and the parties may debate the authenticity of the evidence they present; After the debate, the parties have the right to make a final statement. The parties and the administrative organ respectively present evidence, argue with each other, state reasons and opinions, and debate the facts, so as to lay the foundation for the administrative organ to make a correct decision on administrative punishment.

7. A written record of the hearing shall be made, which shall be signed or sealed by the parties after examination and verification. The hearing record is one of the bases for the administrative organ to make the decision on administrative punishment, and it is also one of the evidences provided by the administrative organ to the people's court when the party refuses to accept the decision on administrative punishment and brings an administrative lawsuit. The transcripts of the hearing shall be submitted to the parties for review or read out to them on the spot after the hearing. If the parties think that there are omissions or errors in the records, they may request supplements or corrections. After the parties consider it correct, the presiding hearer, the parties and their agents shall sign or seal the hearing record.

Second, the basic characteristics of administrative punishment

1. The purpose of administrative punishment is to punish offenders, not to fulfill their obligations. This is different from administrative coercion. The purpose of administrative coercion is to urge the obligor to fulfill his obligations.

2. The applicable subject of administrative punishment is the administrative organ or the organization authorized by laws and regulations. This distinguishes it from punishment. The applicable subject of punishment is the people's court.

The difference between administrative punishment and fine: the nature of sanctions is different; The applicable illegal acts are different; The degree of punishment and the applicable procedures are different; Different sanctions agencies; The forms of punishment are different.

3. The object of application of administrative punishment is the citizen, legal person or other organization as the administrative counterpart, which belongs to external administrative behavior. This distinguishes it from administrative punishment. Administrative sanctions can only be applied to the staff of administrative organs or other personnel appointed or managed by administrative organs.

4. The premise of administrative punishment is that the administrative counterpart has committed an act that violates legal norms, not criminal law, civil law and other legal norms.

Legal objectivity:

Hearing procedure refers to the procedure that the state organs cross-examine and refute specific matters before making a decision, and its essence is to listen to the opinions of interested parties. Hearing procedure is the product of modern democratic politics, which has received special attention from many countries in the world in recent decades. In China, the law of administrative punishment was the first to stipulate hearing, which was implemented in 1996. Subsequently, the price law implemented by 1998 and the legislative law implemented in 2000 successively stipulated the hearing system. The following only introduces the hearing procedure in administrative punishment. First, the characteristics of the administrative penalty hearing procedure The administrative penalty hearing procedure is not an independent and complete procedure alongside the summary procedure and the ordinary procedure, but only a link in the ordinary procedure. Before making a specific decision on administrative punishment, the hearing shall be presided over by specialized personnel of the administrative organ with the participation of the parties to the case and investigators, to listen to the arguments, cross-examination and opinions of the parties, to further ascertain the facts and verify the evidence. The general procedure of administrative punishment is as follows: hearing procedure is set in administrative punishment, the purpose of which is to ensure the legality and justice of administrative punishment, protect the legitimate rights and interests of the parties from infringement, and urge the administrative organs to implement administrative punishment according to law. The hearing procedure is different from reconsideration and litigation, and it is a post supervision procedure. Hearing procedure is a kind of supervision procedure before and during the event, and it is the self-supervision and self-correction procedure of administrative organs. Two. Scope of application of administrative punishment hearing procedure According to the provisions of Article 42 of the Administrative Punishment Law, the postal department should inform the parties of the right to request a hearing before making the following administrative punishment decisions: ordering them to stop production and business; Revoking the license, such as revoking the envelope production producer certificate and revoking the philatelic business license; A relatively large fine. The "Regulations on Administrative Punishment Procedures for Communications" issued by the Ministry of Information Industry clearly stipulates that citizens are fined more than 6,543,800 yuan, and legal persons or other organizations are fined more than 6,543,800 yuan, which is a relatively large fine; At the same time, it can also be implemented in accordance with the standards set by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government or the people's governments. For example, the People's Government of Hebei Province stipulates that a large amount of fines are: a fine of more than 500 yuan for citizens engaged in non-business activities and a fine of more than 5,000 yuan for legal persons or other organizations engaged in non-business activities; Citizens engaged in business activities shall be fined more than 1000 yuan, and legal persons or other organizations engaged in business activities shall be fined more than 10000 yuan. Failure to inform the parties of the right to a hearing will lead to the failure of administrative punishment. Three. Preside over the hearing procedure of administrative punishment According to the provisions of Article 42 of the Administrative Punishment Law, the hearing shall be presided over by an investigator who has nothing to do with the case designated by the administrative organ. The postal department shall generally designate the staff of the legal affairs institution or the relevant personnel of the institution undertaking legal affairs to preside over the hearing, and the case-handling department shall not preside over the hearing. The hearing recorder shall also implement the above provisions. Four. The hearing procedure of administrative punishment shall be held in accordance with the provisions of Article 42 of the Administrative Punishment Law. The hearing procedure shall be held in accordance with the following provisions: if a party requests a hearing, it shall submit it in written or oral form within 3 days from the date of receiving the Notice of Opinions on Administrative Punishment. If it is put forward orally, the case-handling personnel shall put it on record and sign it by the parties concerned. After the parties request a hearing, the Legislative Affairs Office or the institution undertaking the Legislative Affairs Office shall serve the Notice of Hearing on Administrative Punishment seven days before the hearing is held, inform the parties of the time and place of the hearing, the list of the hearing hosts, the application for withdrawal, the entrusted agent and other matters, and notify the case investigators. The investigators of the case shall, within 3 days from the date when the parties request a hearing, inform the legal affairs institution or the institution undertaking legal affairs, and transfer the files together. Participants in the hearing include the presiding hearer, the hearing recorder, the case investigators and the parties. The parties may attend in person or entrust one or two persons as agents. If the parties consider that the host has an interest in the case, they have the right to apply for withdrawal. The hearing shall be held in public, except those involving state secrets, commercial secrets or personal privacy. The hearing is conducted according to the following steps: after the hearing is over, the presiding hearer will make a hearing report on administrative punishment and put forward handling opinions according to the hearing situation, and report it to the person in charge of the postal department for review, and make a decision on whether to impose administrative punishment, not to impose administrative punishment or transfer it to other relevant organs according to the situation.