The summary procedure in the administrative punishment law requires at least a few law enforcement officers 1. To be sure, the application of ordinary procedures in administrative law enforcement requires two law enforcement officers.

2. At present, the Administrative Punishment Law does not clearly stipulate how many law enforcement personnel are needed for summary procedure. However, in the early stage of legislation, 1 law enforcement officers can apply summary procedures to investigate and collect evidence. Later, in the process of administrative punishment, some people who were punished refused to accept the decision of administrative punishment and objected to the evidence collected by summary procedure, but only 1 law enforcement officers were less convincing. In order to avoid this kind of dispute, many places * *.

At present, most administrative organs acquiesce in the habit of having two law enforcement officers.

Where a summary procedure is applied for administrative punishment, the law enforcement officers must report the decision on administrative punishment to the administrative punishment enforcement organ for the record within a few days? Usually within three days.

What are the subjects and summary procedures of administrative punishment stipulated in the Administrative Punishment Law? Subject of administrative legal relationship (hereinafter referred to as administrative law subject): refers to the parties who participate in administrative legal relationship, enjoy rights and assume obligations. Including administrative subject and administrative counterpart or administrative supervision subject and administrative subject and its staff.

According to the provisions of Article 33 of the Administrative Punishment Law of the People's Republic of China, if the illegal facts are conclusive and there is a legal basis, and citizens are given an administrative penalty of less than 50 yuan, and legal persons or other organizations are given a fine of less than 1000 yuan or a warning, a decision on administrative penalty can be made on the spot.

The subject of administrative punishment stipulated in the Administrative Punishment Law&; What is the summary procedure of administrative punishment? Administrative punishment law:

Fifteenth administrative punishment shall be implemented by administrative organs with administrative punishment within the scope of statutory functions and powers.

Article 16 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council or the State Council may decide that an administrative organ shall exercise the power of administrative punishment of relevant administrative organs, but the power of administrative punishment that restricts personal freedom can only be exercised by public security organs.

Seventeenth organizations authorized by laws and regulations to manage public affairs can impose administrative penalties within the scope of statutory authorization.

Article 18 An administrative organ may, in accordance with the provisions of laws, regulations or rules, entrust an organization that meets the conditions stipulated in Article 19 of this Law with the implementation of administrative punishment within its statutory licensing authority. The administrative organ shall not entrust other organizations or individuals to implement administrative punishment.

Article 33 If the illegal facts are conclusive and there is a legal basis, a decision on administrative punishment may be made on the spot if a citizen is given an administrative penalty of less than 50 yuan or a legal person or other organization is given a fine of less than 1000 yuan or a warning. The parties concerned shall implement the decision on administrative punishment in accordance with the provisions of Articles 46, 47 and 48 of this Law.

Thirty-fourth law enforcement officers who make a decision on administrative punishment on the spot shall show their law enforcement identity documents to the parties concerned and fill in the written decision on administrative punishment in a predetermined format and number. The written decision on administrative punishment shall be delivered to the parties on the spot. The written decision on administrative punishment prescribed in the preceding paragraph shall specify the illegal act of the party concerned, the basis of administrative punishment, the amount, time and place of the fine, and the name of the administrative organ, and shall be signed or sealed by the law enforcement personnel. The decision on administrative punishment made by law enforcement officers on the spot must be reported to the lower administrative organ for the record.

Article 35 If a party refuses to accept the decision on administrative punishment made on the spot, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

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Going? "

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Does the summary procedure of administrative punishment need a collegial panel? If the illegal facts are clear and the evidence is conclusive, under any of the following circumstances, the law enforcement department may adopt a summary procedure and make a decision on administrative punishment on the spot, and it is not necessary to collegiate according to the collegiate system of administrative law enforcement cases: (1) Administrative punishment given a warning; (2) Imposing an administrative penalty of a fine of not more than 50 yuan on citizens; (3) Impose an administrative penalty of a fine of 1000 yuan on a legal person or other organization.

What information does the summary procedure of administrative punishment need? On-site record, inquiry record, penalty decision on the spot, confiscation receipt, etc.

Summary procedure of administrative punishment Punishment on the spot The punishment that applies summary procedure in daily life is generally collected on the spot, and it is difficult to implement after it is not collected on the spot. The most common thing is that the traffic police investigate and deal with illegal drivers, and the urban management punishes spitting.

The first step of the summary procedure of administrative punishment: dress and show the law enforcement certificate;

Second, investigate the illegal facts on the spot, make a good record and mourn the necessary evidence;

Three, before making a decision on punishment on the spot, it shall inform the parties of the facts, reasons, basis and rights enjoyed by the law. If the parties defend themselves, law enforcement officers shall carefully examine them and record them in the record;

Four, the production of "on-the-spot punishment decision". "On-the-spot punishment decision" shall be signed by law enforcement officers and delivered to the parties for signature or seal on the spot;

Five, law enforcement officers on the spot to make a decision on punishment, must be reported to the administrative organ for the record.

According to the provisions of Article 33 of the Administrative Punishment Law of the People's Republic of China, if the illegal facts are conclusive and there is a legal basis, and citizens are given an administrative penalty of less than 50 yuan, and legal persons or other organizations are given a fine of less than 1000 yuan or a warning, a decision on administrative penalty can be made on the spot.

Does the summary procedure of administrative punishment law 1000 yuan include 1000 yuan? The summary procedure stipulated in the Administrative Punishment Law is an administrative punishment of imposing a fine of less than 50 yuan on citizens and a fine of less than 1000 yuan or a warning on legal persons or other organizations. Among them, 50 yuan and 1 000 yuan is the maximum fine for making an administrative decision on the spot (summary procedure). In the daily administrative punishment activities, the administrative fine "below 50 yuan" or "below 1000 yuan" includes this figure, and the maximum fine will not be 49 yuan or 999 yuan. After the promulgation of the Road Traffic Law, the traffic police can make a decision on the spot when they impose a fine of less than 200 yuan on individuals for illegal parking. The maximum penalty is 200 yuan, not 199 yuan.

Relevant laws and regulations: In Article 33 of the Administrative Punishment Law, if the illegal facts are conclusive and there is a legal basis, and citizens are given an administrative penalty of less than 50 yuan, and legal persons or other organizations are given a fine or warning of less than 1000 yuan, a decision on administrative penalty can be made on the spot. The parties concerned shall implement the decision on administrative punishment in accordance with the provisions of Articles 46, 47 and 48 of this Law.

Reference: Notice of the Ministry of Public Security on Printing and Distributing the Format of the Decision on Punishment for Public Security Administration and the Decision on Punishment on the Spot Article 9 If it is found that the party concerned has violated the laws and regulations on exit and entry management during the border inspection, the facts are clear, the circumstances are simple and there is a legal basis, and the individual is fined up to 50 yuan (inclusive), and the legal person or other organization is fined up to 1000 yuan (inclusive) or given an administrative penalty, the border inspection station.