Legal subjectivity:

In order to institutionalize and standardize the trial work of administrative law enforcement cases by administrative agencies and improve the efficiency and quality of administrative law enforcement, according to the "Administrative Punishment Law" and "Administrative Reconsideration Law" , the "Administrative Litigation Law", the "State Compensation Law" and relevant laws and regulations, combined with the actual work of administrative law enforcement, establish an administrative agency administrative law enforcement case review committee (hereinafter referred to as the "Case Review Committee".) (1) Case Review Committee A case review committee is formed to carry out its work under the leadership of the leadership team of the administrative agency. The case review committee is composed of 3 or 5 members. There is one chairman, who is served by the director, and other members are team members with law enforcement qualifications from the administrative agencies designated by the chairman and personnel from relevant departments. If the director changes in work, the new director will serve as the chairman. If other members need to be added due to changes in work, the decision shall be made by the chairman or on the recommendation of more than half of the committee. (2) Tasks of the Case Review Committee 1. Research and explore the overall and guiding law enforcement work of administrative agencies. 2. Inspect and guide the case review work of each district case review committee. 3. Discuss and decide on the following cases: Administrative penalty cases that need to be heard based on the responsibilities, authority, and procedures of the administrative agencies; administrative penalty cases that need to be heard after the hearing procedures held by the administrative agencies; according to the "Yulin City Administrative Law Enforcement Fault Responsibility Investigation" According to the provisions of the "System", the case review committee must hold accountable the perpetrators of law enforcement errors; if the case decisions made by various departments and brigade are deemed to have changed the original decisions; administrative penalty cases subject to administrative review must be accepted by administrative agencies; administrative review, Cases in which litigation requires submission of defense by county-level administrative agencies; cases in which administrative penalty compensation cases are filed and cases in which administrative compensation amounts are mediated; and other extremely large and difficult cases. Cases discussed and decided by the case review committee shall be submitted by the chairman or the business department entrusted by him. (3) Case Review Committee Meeting A meeting can only be held when more than half of the members of the Case Review Committee are present. The topics discussed by the case review committee shall, in principle, be arranged in the chronological order submitted to the meeting for discussion and decision by the chairman or the business unit office. If it is really necessary to discuss and decide in advance, it should be approved by the chairman; for the topics discussed by the case review committee, the relevant units should provide relevant documents and information, and the bureau office responsible for the daily work of the committee will send the main materials to all parties one day before the meeting. members and attendees. Case review committee meetings are chaired by the chairman or a member entrusted by the chairman. The moderator may invite relevant personnel to attend the meeting based on the needs of the case. Members should attend meetings on time. If you are unable to attend for any reason, you should ask for leave from the meeting host in advance. The heads and persons in charge of the relevant departments and brigade who discuss the matters discussed by the case review committee should attend the meeting. The person in charge should be prepared for the matters discussed, report according to the requirements of the meeting host, and be responsible for answering questions raised by members. The case review committee implements democratic centralism. The issues should be fully discussed. The decision of the case review committee must be approved by more than half of the members. Dissenting opinions of a small number of people can be retained and recorded in volumes. The decision of the case review committee shall be implemented by each relevant unit or brigade and may not be changed without authorization; if there is any objection, it must be reported to the chairman or the business unit entrusted by him to decide whether to resubmit it for discussion. The matters discussed and decided by the case review committee must be recorded in the meeting, and the decided matters should be compiled into documents. After being reviewed and approved by the meeting chairperson, they should be reported to the chairman for approval, submitted to relevant superior units and leaders, and issued to relevant units and brigade. The sponsoring unit shall attach the “decision” for future reference. Members of the case review committee, non-voting personnel, and other participants shall abide by confidentiality regulations and shall not disclose the status and content of the meeting discussions.

Legal objectivity:

"Procedural Regulations for the Handling of Administrative Cases by Public Security Organs"

Article 38

On-the-spot punishment shall be implemented in accordance with the following procedures:

(1) Indicate law enforcement status to the offender;

(2) Collect evidence;

(3) Orally inform the offender of the fact that the administrative penalty decision is to be made , reasons and basis, and inform the illegal perpetrator of the right to statement and defense that he or she enjoys in accordance with the law;

(4) Fully listen to the illegal perpetrator’s statement and defense. If the facts, reasons or evidence put forward by the illegal actor are established, they shall be accepted;

(5) Fill in the on-the-spot punishment decision and deliver it to the person being punished on the spot;

(6) Collect it on the spot If a fine is imposed, a receipt for the fine must be filled in and delivered to the person being punished;

If the fine is not collected on the spot, the person being punished shall be informed to pay the fine at a designated bank within the prescribed period.