Legal basis: Administrative Punishment Law of the People's Republic of China.
Article 55 If an administrative organ imposes an administrative penalty under any of the following circumstances, it shall be ordered by the administrative organ at a higher level or the relevant department to make corrections, and the directly responsible person in charge and other directly responsible personnel may be given administrative sanctions according to law: (1) There is no legal basis for administrative punishment; (2) changing the category and scope of administrative punishment without authorization; (three) in violation of the statutory administrative punishment procedures; (4) Violating the provisions of Article 18 of this Law on entrusted punishment.
Article 56 If an administrative organ punishes a party for not using a fine or confiscation receipt, or for not using a fine or confiscation receipt issued by a non-statutory department, the party has the right to refuse the punishment and report it. The administrative organ at a higher level or the relevant department shall collect and destroy the illegal documents used, and give administrative sanctions to the directly responsible person in charge and other directly responsible personnel according to law.
Article 57 Where an administrative organ collects a fine by itself in violation of the provisions of Article 46 of this Law, and the financial department returns the fine or auction money to the administrative organ in violation of the provisions of Article 53 of this Law, the administrative organ at a higher level or the relevant department shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Article 58 Where an administrative organ intercepts, privately distributes or privately distributes in disguised form the illegal income or property fined or confiscated, it shall be recovered by the financial department or the relevant department, and the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law. If a law enforcement officer takes advantage of his position to ask for or accept other people's property or collect a fine for himself, which constitutes a crime, he shall be investigated for criminal responsibility according to law; If the circumstances are minor and do not constitute a crime, administrative sanctions shall be imposed according to law.
Article 59 Where an administrative organ uses or damages the seized property, thus causing losses to the party concerned, it shall make compensation according to law, and impose administrative sanctions on the directly responsible person in charge and other directly responsible personnel according to law.
Article 60 Where an administrative organ illegally implements inspection measures or compulsory measures, causing personal or property damage to citizens or losses to legal persons or other organizations, it shall make compensation according to law, and give administrative sanctions to the directly responsible person in charge and other directly responsible personnel according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Article 61 If an administrative organ seeks personal gain for its own unit, and fails to hand it over to a judicial organ for criminal responsibility according to law, and replaces the punishment with administrative punishment, the administrative organ at a higher level or the relevant department shall order it to make corrections; Refuses to correct, the directly responsible person in charge shall be given administrative sanctions; Whoever engages in malpractices for personal gain, harbors or connives at illegal acts shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Article 62 If law enforcement officers neglect their duties and fail to stop and punish illegal acts that should be stopped and punished, thus causing damage to the legitimate rights and interests, public interests and social order of citizens, legal persons or other organizations, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.