1 1, website server location, network access location, website founder or manager location, etc. , can be under jurisdiction.
14, multiple public security jurisdictions, from the first accepted jurisdiction; When necessary, jurisdiction is mainly illegal;
15, if the jurisdiction is disputed, report to the superior;
16. railway police authorities, traffic public security organs, civil aviation public security organs, forest public security organs and various anti-smuggling institutions under the jurisdiction of the customs.
17. Circumstances in which the public security voluntarily withdraws and the party concerned requests to withdraw: 1) The public security is a party to this case or its close relatives; (two) the public security personnel themselves or their close relatives have an interest in the case; 3) The public security has other relations with the parties, which affects the fairness of the case;
18, avoid, should explain the reasons.
19, the police withdrew the lawsuit, which was decided by the public security; The withdrawal of the person in charge of public security shall be decided by the public security at a higher level.
20. If a party requests withdrawal, it shall submit a written application; Oral application, recorded.
2 1, the public security will decide within 2 days.
22, should be avoided, the police did not withdraw, the parties did not request, the public security organs can be ordered to withdraw.
23. The withdrawal of expert witnesses and translators shall be decided by the designated or hired public security organ.
24, avoid before, don't stop investigating; After avoiding, stop.
25. The public security shall decide whether the activities related to the case are effective, and then decide whether to withdraw them.
26, of which: 1) physical evidence; 2) documentary evidence; 3) the statement of the victim and the testimony of other witnesses; 4) confessions and excuses of criminal suspects; 5) Appraisal opinions; 6) Records of inquest, inspection and appraisal; (Diff)7) Audio-visual materials and electronic data. Evidence must be verified! ! !
27, it is strictly prohibited to extort a confession by torture and collect evidence by threats, deception and other illegal methods.
28, to obtain evidence from units and individuals, with the approval of the person in charge of the case handling department of the public security organ, issue a notice of obtaining evidence. If evidence is urgently obtained from the unit, the notice of obtaining evidence and a copy of the people's police card will be delivered to the unit.
29, inconvenient to take away, you can take photos and videos.
33, criminal administrative cases, you can use evidence.
34. People who are physically and mentally defective, young, unable to distinguish right from wrong and unable to express correctly cannot be used as witnesses. 37. Punish individuals on the spot for their application, and if they violate other laws, they will be given a fine of 50 or a warning; Individuals, public security violations, traffic violations, below 200 or warning; Individuals, illegal entry and exit, under 500 or warning; Unit, illegal, below 1000 or warning; Other circumstances; Difference: According to the punishment scenario, it can be divided into punishment on the spot and punishment brought back. According to the subject of punishment, it is divided into punishment at or above the county level and punishment at the police station: Note: pornography is not applicable. 38. On-the-spot punishment procedure 1) shows identity. 3) Collect evidence. Oral notice, factual basis, right of statement, self-defense. 4) Fully listen, state and defend. 5) Fill in the penalty decision and deliver it on the spot.
39, summary procedure, a policeman can be a policeman, report to the public security traffic police within 24 hours, report to the traffic management department for the punishment of trains, planes and water within 2 days, and report to the public security within 24 hours after returning.
40, does not apply to the case is simple, but the facts are clear, admit mistakes, meaningless, can simplify the procedure, quick processing;
4 1, not suitable for rapid treatment 1) Blind, deaf-mute, underage, suspected mental illness 2) Suitable for hearing 3) Possible detention 10 days or more 4) Other inappropriate.
42. Before fast processing, inform the regulations, get the consent and sign for confirmation.
43, in line with the fast, admit the facts, admit mistakes, admit punishment, complete evidence, no longer pursue.
44, a part-time legal officer, or the person in charge of the case handling department, after the audit, reported to the person in charge of the public security organ for approval.
46. Reduce or exempt the punishment according to the circumstances; You can verbally inform the punishment procedure;
Decide within 47.48h hours.
48, not suitable for fast, average.
50. The facts under investigation include: 1) the situation of the suspect; 2) Whether there is any illegal act; 3) Whether the illegal act was committed by the suspect; 4) Other circumstances such as the time, place, means and consequences of the illegal act; 5) Whether the suspect is given a heavier, lighter, mitigated or exempted punishment; 6) Other facts.
52. The number of police officers is two: inquiry, identification, inspection, inquest, implementation of administrative compulsory measures, etc. When investigating and collecting evidence, there shall be no less than two policemen, and they shall identify themselves; 1. Police assistance: The assistant of the people's police can accept the report, file a case, accept evidence, collect information, mediate and serve documents, but the whole process should be recorded and videotaped.
53. Suspects who violate the law should undergo security inspection: contraband or evidence related to the case should be seized; Those unrelated to the case shall be registered, kept and returned ("guaranteed return after registration"); Security check does not need to check the certificate;
54. Administrative compulsory measures: sealing up, detaining, sealing up, pre-registration and preservation, sampling for evidence collection, and sealing up documents and materials; The freezing of illegal suspects: protective restrictive measures, continuous questioning, compulsory summons, compulsory investigation, detention review, limiting the scope of activities and taking restrictive measures against terrorist suspects.
55. The provisions on the implementation of administrative compulsory measures 1) shall be implemented after being approved by the person in charge of the public security organ. 2) Notify the parties to be present and tell the reasons; If you can't be present, invite witnesses and indicate in the transcript 3) listen to the statements of the parties; 4) Make records; 5) If personal freedom is restricted, the family members shall be informed to make on-site records during the inquest; If you make exploration records, you don't make on-site records.
56, emergency, general administrative law enforcement on the spot, report and fill in within 24 hours; Compulsory restriction of personal freedom on the spot, report and reissue immediately after return;
57, produce documents, you can check on the spot; After on-site investigation, if the suspect cannot be ruled out, the person in charge of the police station will bring it back for further interrogation after approval; Those who continue to cross-examine the entry and exit need to be approved by the person in charge of the entry and exit organ at or above the county level; Time limit for further inquiry: 12-24-48
58, for drunken criminals, take protective restraint measures; Constraint time, not included in the query and verification time;
59. Constraint on terrorist suspects: 1) Approval at or above the county level 2) Informing the reasons 3) Hearing the defense 4) The constraint time for making a decision shall not exceed 3 months.
66. Location: domicile, unit or designated place of the city or county.
67. Summoning general summoning, with the approval of the public security police station, public security or border defense organs at or above the county level, use a summons card; On-site discovery, after producing documents, can be summoned orally, and noted in the inquiry record; Those who have not been summoned or evaded summoning may be summoned by force, and police equipment may be bound by handcuffs and police ropes; Inform the reasons and inform the family members;
68, summoned to the case, after inquiry and verification, the offender in the summons card to fill in the time and signature, refused to indicate;
69. Inquiry and verification time: 8; Possible detention, 24-hour interrogation time: 12-24, further interrogation time: 12-24-48.
7 1, in the public security organ, it should be handling a case (such as an interrogation room).
73. Inquiry information: Apart from basic information, whether there are deputies to the National People's Congress, whether they have been punished, whether they have been subjected to administrative coercion, etc. ;
74. You must answer relevant questions, and you can refuse to answer irrelevant questions;
76, ask the deaf, ask people who don't understand dialects, use "translation", and indicate and sign;
79. Ask the victim or witness (show their certificates), unit, residence, school, neighborhood committee and the place of presentation at the crime scene, and notify the public security organ when necessary;
8 1, on-site inspection and evidence extraction; According to the relevant provisions of the on-site inspection of criminal cases;
82. Check places, articles and personnel; Routine inspection, not less than two people, and issued by the public security inspection certificate and XJYS inspection certificate; When checking immediately, show your police officer's card and check on the spot; Inspection of citizens' houses must be proved by evidence, or reported by someone, or illegally stored dangerous substances;
83. Human biometric information such as portraits and fingerprints can be extracted according to law.
84, check the women, should be carried out by female staff; Examination of prostitutes and prostitutes for sexually transmitted diseases should be carried out by doctors.
85. When inspecting the premises, the inspected person or witness shall be present.
86, inspection records, * * * signed, refused to indicate; Full audio and video recording can replace written inspection records, and the key contents should be explained in words;
87, professional appraisal please people outside the public security, with the approval of the person in charge of the case handling department, making a letter of appointment;
89, forensic identification of personal injury; The identification of mental illness shall be carried out by an identification institution with the qualification of mental illness identification;
90. The public security organ carries out the injury appraisal: 1) The injury is serious, possibly minor; 2) requested by the victim; 3) The degree of injury is controversial.
92. Identification of electronic data
93. Identification of items of unknown value.
94. Drug addicts should be tested; Refuse to test, with the approval of the police station at or above the county level, can be compulsory inspection; Testing women by female staff;
95. Suspected of drunk driving and breath alcohol test; Blood test: 1) Objection to breath test 2) Refusal to breath test 3) Suspected drunk driving 4) Suspected drunk driving.
97. The police should examine the expert opinions of criminal suspects or victims. If you have any objection to the appraisal opinion, you should apply for re-appraisal within 3 days. Re-appraisal of the same matter in the same administrative case is limited to one time;
98. Circumstances requiring re-appraisal: 1) The appraisal procedure is illegal; 2) The qualification of the appraisal institution is insufficient; 3) The appraisal opinion is insufficient; 4) The appraiser cheated; 5) The appraiser did not evade due to avoidance; 6) The inspection materials were false; 7) Others.
102, presided over by more than two policemen.
103, with no less than 7 suspects identified; Identify no less than 10 suspects; Identify articles with no less than 5 sundries;
106, identification record, * * * with signature, audio and video recording if necessary;
123. The following administrative penalty decisions may need to be heard: 1) Ordered to stop production and business; 2) Revocation of permits and licenses; (three) a fine of more than 2000 yuan for individuals, the amount is relatively large; 1 10,000 units or more; There are more than 6,000 individuals who enter or leave the country illegally; 4) Other circumstances.
124, organized and implemented by the legal department of the public security organ.
127, one hearing officer, one recorder, and 1-2 hearing officers when necessary. Investigators assisting the host shall not act as the host, hearing officer or recorder.
128, Host Development Matters
129. The parties to the hearing include: 1) the parties and their agents; 2) police handling cases; 3) Witnesses, experts and translators; 4) Other personnel.
130, the rights of the parties
133. After being informed, the suspect filed an application within 3 days.
134. After giving up the hearing and withdrawing the hearing request, but before the decision on punishment is made, the hearing request is allowed as long as it is within the validity period of the application.
137, within ten days after the public security receives the application for hearing, the hearing shall be held in public, except for cases involving secrets.
138, you can apply for an extension, which is decided by the host.
139, where there are more than 2 people, the hearing of the same case can be held together.
148. Interrupted hearing: 1) New witnesses, new evidence, re-appraisal or inquest 2) Unable to continue due to withdrawal 3) After other interrupted hearing situations are eliminated, it should be resumed.
149. Termination of the hearing: 1) Withdrawal of the applicant 2) Refusal of the applicant to attend, withdrawal in the middle 3) Death of the applicant, revocation of the applicant as a legal person 4) Disturbance of order by the applicant or agent 5) Others.
15 1, contents of the hearing record
152, hearing record, read to the applicant, or read to him; The witness statement part is given to the witness to read or read out to him; After being examined by the host, it shall be signed by the host, the hearing officer and the recorder.
153, the hearing report and hearing record shall be submitted to the public security; The contents of the hearing report;
154, those who have not been found will no longer be punished for violating public security administration, and those who have not been found within 6 months; Other illegal acts that have not been discovered within two years; The time limit shall be calculated from the date of occurrence, and if the illegal act is continuous, it shall be calculated from the date of the end of the act;
157, if the age of administrative punishment is less than 14, no punishment will be given and disciplinary action will be ordered; If it exceeds 14 and is less than 18, it shall be given a lighter or mitigated punishment; (corresponding to "decision on detention not executed":No. 164)
158, completely insane, not punished, ordered to be under strict supervision and treatment; Indirect mental patients should be punished in normal times; If a mental patient who has not completely lost the ability to identify and control should be punished, the punishment shall be given a lighter or mitigated punishment;
159, given a lighter, mitigated or no punishment: 1) voluntarily eliminated or mitigated the illegal consequences and was forgiven; 2) Those who have been coerced or deceived, 3) those who have made meritorious deeds, 4) those who have voluntarily surrendered themselves, and 5) those who have made minor and timely corrections without causing harmful consequences will not be punished; Blind and deaf, free from relief; Drunk people should be punished;
160, given a heavier punishment: 1) causing serious consequences 2) instigating, coercing or deceiving others 3) taking revenge 4) being punished within 6 months; /kloc-within 0/year, the offenders of the same kind have been punished for more than two times; 5) Violating the administration of public security within 3 years after the execution of the penalty, or within the probation period of probation.
16 1, multiple sentences in one case, another sentence (described separately), combined execution, one sentence; If there are more than one person in a case, they shall be awarded separately (respectively) and awarded in multiple places; If there are new illegal acts after implementation, write a decision and then merge;
162, administrative detention, combined execution, no more than 20 days;
Legal basis:
Article 6 of the Administrative Reconsideration Law of People's Republic of China (PRC) is under any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law:
(a) refuses to accept the administrative punishment decisions made by the administrative organ, such as warning, fine, confiscation of illegal income, confiscation of illegal property, order to suspend production or business, temporary suspension or revocation of license, temporary suspension or revocation of license, administrative detention, etc. ;
(2) Refusing to accept administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property made by administrative organs;
(3) Refusing to accept the decision made by the administrative organ to change, suspend or revoke the license, license, qualification certificate and other documents;
(4) Refusing to accept the decision of the administrative organ to confirm the ownership or use right of natural resources such as land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas;
(five) that the administrative organ has infringed upon the legitimate right to operate independently;
(six) the administrative organ changes or cancels the agricultural contract, which infringes upon its legitimate rights and interests;
(seven) that the administrative organs illegally raise funds, collect property, apportion expenses or illegally require other obligations;
(eight) that meets the statutory conditions, apply for administrative organs to issue permits, licenses, qualification certificates, qualification certificates and other documents, or apply for administrative organs to examine and approve and register related matters, and the administrative organs fail to handle them according to law;
(nine) apply to the administrative organ to perform the statutory duties of protecting personal rights, property rights and the right to education, and the administrative organ fails to perform them according to law;
(ten) to apply for an administrative organ to issue a pension, social insurance premium or minimum living allowance according to law, and the administrative organ fails to issue it according to law;
(eleven) that other specific administrative acts of administrative organs infringe upon their legitimate rights and interests.
Ninth citizens, legal persons or other organizations that a specific administrative act infringes upon their legitimate rights and interests may 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. If the statutory application period is delayed due to force majeure or other legitimate reasons, the application period will continue to be counted from the date when the obstacle is removed.
Article 31 The administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application; However, the time limit for administrative reconsideration prescribed by law is less than 60 days. If the situation is complicated and it is impossible to make an administrative reconsideration decision within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of the administrative reconsideration organ, and the applicant and the respondent shall be informed; However, the extension period shall not exceed 30 days at most. When making a decision on administrative reconsideration, the administrative reconsideration organ shall make a written decision on administrative reconsideration and affix its seal. Once the administrative reconsideration decision is served, it will take legal effect.
1, you've been cheap for so long, you're not tired, I'm tired of laughing.
Don't worry about striding