The hearing system of administrative punishment is the product of modern democratic politics, and its essence lies in listening to the opinions of interested parties.

What is the hearing procedure of administrative punishment?

I. Scope of organizing the hearing

Law enforcement units shall inform the parties concerned of the right to a hearing before making a decision on administrative punishment, such as ordering them to stop production or business, revoking their permits or licenses, imposing a fine of more than 1,000 yuan on individual citizens, 10,000 yuan on individual industrial and commercial households, and 30,000 yuan on units. If a party requests a hearing, it shall organize a hearing in accordance with this procedure.

Second, the hearing organization and hearing personnel

(a) organizations authorized by laws and regulations to investigate and deal with cases for which hearing procedures are applicable, and organize hearings by themselves; When an administrative organ entrusts an organization to investigate and deal with a case, the administrative organ shall organize a hearing, and the administrative organ may also designate the entrusted organization to organize a hearing on its own according to needs, and the administrative organ shall send personnel to participate.

(2) The presiding hearer shall be appointed by the legal institution of the hearing organization, and may also be entrusted to law enforcement agencies or non-investigators of law enforcement agencies.

(3) The hearing organization organ may designate investigators irrelevant to the case as clerks, who shall be responsible for making the transcripts of the hearing and assisting the presiding hearer in organizing the hearing.

Iii. hearing organs and responsibilities

(1) The presiding hearer shall exercise the following functions and powers:

(a) to decide on the time, place and manner of holding the hearing;

(2) Deciding to suspend, terminate or postpone the hearing;

(3) Decide to witness on the spot.

(2) The presiding hearer shall do the following work:

(1) Serving the notice of hearing on the participants of the hearing;

(two) to inquire about the cause of action and the reasons and basis for making the decision on administrative punishment;

(3) Requiring the participants in the hearing to provide or supplement evidence;

(four) to maintain the order of the hearing and stop the violation of the hearing discipline;

⑤ Review the transcripts of the hearing and put forward written opinions.

(3) In any of the following circumstances, the presiding hearer shall withdraw:

(1) is a case investigator;

(2) Being a close relative of a party to the case or an investigator;

(3) Having a direct interest in the case.

Four. Participants in the hearing

(1) Hearing participants refer to the parties and their agents, investigators, witnesses, expert witnesses and translators.

(two) the participants in the hearing shall attend the hearing at the designated place on time, abide by the hearing discipline, and truthfully answer the questions of the hearing host.

(3) Both parties shall enjoy the following rights:

(a) request or abandon the hearing;

2 apply for withdrawal;

(3) Entrust 1 to 2 people as agents to attend the hearing, and issue a power of attorney to clarify the authority of the agent;

(4) Making statements, defending and cross-examining;

⑤ Check the transcripts of the hearing.

(4) During the hearing, the investigators in this case have the right to cross-examine the facts and evidence of the party's violation of the law, the administrative punishment decision to be made, and the reasons and basis.

Verb (abbreviation of verb) notice, proposal and acceptance of hearing

(1) The investigators shall serve a notice of hearing on the parties before making a decision on administrative punishment that can apply the hearing procedure.

(2) The notice of hearing shall specify the following main items:

(1) the name of the party concerned;

(2) the illegal behavior of the parties, the administrative punishment decision to be made, and the reasons and basis;

(3) The parties have the right to request a hearing;

The time limit for the parties to request a hearing and the name of the hearing organization.

(three) the notice of hearing can be served directly, by proxy or by registered mail.

(four) if a party requests a hearing, it shall submit a written request for a hearing to the law enforcement unit within 3 days from the date of receiving the notice of hearing; If the request for hearing is made by registered mail, the postmark date at the time of mailing shall prevail.

(five) if the parties request a hearing beyond the prescribed time limit, the law enforcement unit shall inform them in writing not to hold a hearing within 3 days from the date of receiving the written request of the parties, and explain the reasons.

The hearing of intransitive verbs

(1) The presiding hearer shall, within 2 days from the date of accepting the parties' request for hearing, determine the time, place and method of holding the hearing, and serve the parties with a notice of hearing 7 days before the hearing is held.

(2) The notice of hearing shall specify the following items:

(1) the name of the party concerned;

(2) The time, place and manner of holding the hearing;

(3) The name of the presiding hearer or the clerk;

(4) The parties have the right to apply for withdrawal;

(5) evidence prepared by the parties and witnesses notified, etc.

(three) before the start of the hearing, the hearing host should first carry out the following work:

Check the identity of the participants in the hearing;

(2) announcing the discipline of hearing;

(3) Ask the parties whether to apply for withdrawal.

If a party applies for withdrawal, the presiding hearer shall announce the suspension of the hearing and report to the person in charge of the hearing organization to decide whether to withdraw.

(4) When holding a hearing, it shall be conducted in the following order:

(1) The host announced the beginning of the hearing;

(2) the investigators put forward the facts, evidence, punishment suggestions and reasons for the violation of the law by the parties;

(3) The investigator gives evidence to the moderator, and the parties cross-examine the evidence provided by the investigator;

(4) The parties make statements and arguments.

(5) A written record of the hearing shall be made, and the written record of the hearing shall contain the following items:

① cause of action;

(2) The names and addresses of the participants in the hearing;

(3) the names of the presiding hearer and the clerk;

(four) the time, place and manner of holding the hearing;

(five) the facts, evidence, punishment suggestions and reasons put forward by the investigators in this case;

6 statements, defenses and cross-examination of the parties;

⑦ Signature or seal of hearing participants.

(6) After the hearing is over, the presiding hearer or the clerk shall submit the transcripts of the hearing to the parties and the investigators of this case for verification and then sign or seal them. If the parties refuse, the presiding hearer or the clerk shall indicate it in the hearing record.

The testimony of a witness in the hearing record shall be signed or sealed after being examined and verified by the witness.

The presiding hearer shall review the transcripts of the hearing, put forward written opinions on whether the illegal facts of the parties are established, and sign or seal them.

(7) The person in charge of the hearing organization shall make a specific decision according to the written opinions of the presiding hearer on whether the illegal facts of the parties are established and the transcripts of the hearing, and according to the provisions of Article 38 of the Administrative Punishment Law of the People's Republic of China. Where an organization entrusted by an administrative organ organizes a hearing on its own, its decision on administrative punishment shall be examined and agreed by the administrative organ.

(eight) in any of the following circumstances, the hearing shall be suspended:

(a) the party is disabled or the organization is dissolved, and it is necessary to designate a successor of rights and obligations;

(two) the parties or the investigators of this case are unable to participate in the hearing due to force majeure;

During the hearing, it is necessary to re-investigate or identify the relevant evidence;

(4) Other circumstances that need to suspend the hearing.

After the suspension of the hearing is eliminated, the presiding hearer shall resume the hearing.

(nine) in any of the following circumstances, the hearing shall be terminated:

(1) The successor of rights and obligations has not been determined after the death of the party or the dissolution of the organization for 3 months;

(2) The party concerned does not participate in the hearing without justifiable reasons;

③ There are other circumstances that need to terminate the hearing.

Seven, the cost.

The expenses for organizing the hearing shall be borne by the hearing organization organ.

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 hearing procedure for administrative punishment According to the provisions of Article 42 of the Administrative Punishment Law, the postal department shall inform the parties concerned of the right to request a hearing before making the following administrative punishment decision: (1) Order them to stop production and business; (two) revocation of the license, such as revocation of the envelope production producer certificate, revocation of the stamp collection business license; (3) The fine is relatively large. 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. 4. The hearing procedure of administrative punishment shall be conducted in accordance with the provisions of Article 42 of the Administrative Punishment Law, and the hearing procedure shall be conducted in accordance with the following provisions: (1) 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. (II) If a party requests a hearing, the Legal Affairs Office or the institution undertaking legal work shall serve the Notice of Hearing on Administrative Punishment 7 days before the hearing is held, informing the party of the time and place of the hearing, the list of hearing hosts, the application for withdrawal, the entrusted agent and other matters, and notifying 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. (3) The 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. (4) The hearing shall be held in public, except those involving state secrets, commercial secrets or personal privacy. (five) when the hearing is held, the investigators put forward the facts, evidence and administrative punishment suggestions of the illegal parties; The parties to defend and cross-examine; (six) after the hearing, the presiding hearer shall, according to the hearing situation, make a report on the hearing of administrative punishment and put forward the handling opinions, together with the case investigation materials and the hearing record, and report it to the person in charge of the postal department for review. According to the provisions of Article 38 of the Administrative Punishment Law, according to the situation, the presiding hearer shall make a decision on whether to impose administrative punishment, not to impose administrative punishment or to transfer it to other relevant organs for handling.