Decision on Administrative Punishment The decision on administrative punishment is a legally binding written legal document, which is made by the administrative organ to record the illegal facts, reasons for punishment, basis and decisions of the parties on the basis of investigation and evidence collection. [1] Chinese name administrative penalty decision book Chinese mainland unit administrative organs related documents "Administrative Punishment Law of the People's Republic of China" on the spot and general administrative penalty decision book characteristics Administrative penalty decision book is the most important administrative penalty document, which is serious, mandatory and binding on the parties, and it is also one of the basis for the people's court to enforce the property of the parties. There are strict provisions and requirements in laws and regulations on the elements of making the administrative penalty decision, which have played a certain role in the wording, content, format and standardization of the administrative penalty decision, ensured the quality of the administrative penalty decision and protected the legitimate rights and interests of the parties. There are many kinds of administrative organs in our country, and each organ has formulated its own administrative punishment laws and regulations according to its own characteristics, but there is one thing: the administrative punishment documents they produce should comply with the relevant provisions of the Administrative Punishment Law of the People's Republic of China. According to the provisions of the Administrative Punishment Law of the People's Republic of China, there are two kinds of administrative punishment decisions: one is the on-the-spot administrative punishment decision, which only applies summary punishment and conforms to the provisions of Articles 33 and 34 of the Administrative Punishment Law of the People's Republic of China; The second is the general administrative punishment decision, also known as the general administrative punishment decision, referred to as the administrative punishment decision. Legal cases that are suitable for general procedures and conform to the provisions of Articles 37, 38 and 39 of the Administrative Punishment Law of the People's Republic of China. Concept and application basis of decision 1. Concept "Decision on Administrative Punishment on the Spot" is a legal document that law enforcement officers of administrative organs make administrative punishment decisions on the spot according to the summary procedure of administrative punishment for illegal cases with simple cases, clear illegal facts and conclusive evidence. When using summary procedure to punish illegal acts, law enforcement officers fill in the relevant contents according to the pre-made penalty decision on the spot, without going through the general procedures such as filing for approval, which saves time, is convenient for improving efficiency, and is also conducive to stopping illegal acts in time. 2. The basis for the application of this document is stipulated in Article 33 of the Administrative Punishment Law: "If the illegal facts are conclusive and there is a legal basis, if a citizen is given an administrative penalty of less than 5 yuan, or a legal person or other organization is given a fine or warning of less than 1 yuan, an administrative penalty decision can be made on the spot." Article 34 of the Administrative Punishment Law stipulates: "If a law enforcement officer makes a decision on administrative punishment on the spot, he shall show his law enforcement identity certificate to the party concerned and fill in a written decision on administrative punishment with a predetermined format and number." Document structure and production requirements 1. Document structure This document is a multi-joint filling document with a unified predetermined format, which is in triplicate, the first copy is filed, the second copy is submitted to the punished unit, and the third copy is submitted to the people's court for compulsory execution when necessary, including three parts: the head, the body and the tail. 2. Production requirements (1) The header includes the document title and document number. Title of the document-that is, the decision of administrative punishment on the spot. Document number-format: regional abbreviation+law enforcement category+law enforcement nature+[year]+serial number, for example: (Han) Yaodanghangfen [221] No.25. (2) The text includes the punished unit (person), illegal facts, violation of clauses, basis of punishment, and types and extent of punishment. Punished unit (person)-fill in the name, address, legal representative (person in charge) name, gender, age and position. Illegal facts-illegal acts with simple case, clear facts and minor circumstances found by law enforcement officers during on-site inspection, which should be concise and to the point and proved by relevant evidence. The evidence can be either documentary evidence or physical evidence obtained during the on-site inspection, or the on-site inspection record. The basis of punishment-including the violated legal provisions and the basis of punishment, should specify the full name of laws and regulations and the specific articles, paragraphs and items on which they are based. The type and range of punishment-it must be within the type and range of punishment stipulated in Article 33 of the Administrative Punishment Law. (3) The tail includes the notification, the signatures and dates of the parties and law enforcement personnel, and the official seal of the administrative department. Informed matters-inform the way to pay the fine, that is, the name and address of the bank that collects the fine; Inform the parties of their right to appeal according to law, that is, the time limit and ways to file an administrative reconsideration or apply for an administrative lawsuit if they refuse to accept the punishment decision; Failing to perform the punishment decision within the time limit, the measures to be taken by the administrative organ that made the punishment decision, etc. Signature and date of the parties-the signature of the parties is the delivery date, and the date of endorsement is the delivery date. Signature and date of law enforcement officers —— More than two law enforcement officers must sign and date, and the date indicated is the date when the administrative penalty decision is made. Official seal-the official seal of the administrative organ. Matters needing attention in production 1. The basic information of the parties should be filled in completely and without omission. 2. After law enforcement officers fill out the Decision on Administrative Punishment on the Spot, they shall read it out on the spot and deliver it to the parties concerned, but not afterwards. Reading it out on the spot is equivalent to informing them in advance, and the parties concerned should listen carefully if they have stated their arguments. 3 parties and law enforcement officers should fill in the "decision on administrative punishment on the spot" on the same date. 4. Strictly grasp the scope of application of punishment on the spot. The Decision on Administrative Punishment on the Spot is only applicable to a small amount of fines warned and stipulated. No matter how small the amount and amount of confiscated goods and illegal gains are, this instrument cannot be used. 5. Law enforcement officers should report the punishment on the spot to their subordinate administrative organs for the record within 7 days from the date of making the punishment on the spot. 6. In summary procedure, it mainly refers to the way of fine execution. One is to pay on the spot, and the conditions for paying on the spot are carried out in accordance with the provisions of Articles 47 and 48 of the Administrative Punishment Law. In this case, it is necessary to issue a receipt for the fine issued by the financial department to the parties concerned, and law enforcement officers should pay the fine to the bank in strict accordance with the relevant regulations. Another way is for the parties to pay the fine directly to the designated bank. If you pay the fine in this way, you should clearly fill in the name and address of the designated bank. Instructions for filling in the decision of model on-the-spot administrative punishment (1) State the basic information of the person (unit) to be punished. (2) Illegal facts: The summary procedure requires that the illegal facts are clear and the evidence is conclusive, so the specific circumstances of the verified illegal facts should be stated. There are a variety of illegal acts, should be classified to fill in. (3) Illegal basis: specify the specific provisions that violate the law. Generally, it is a prohibitive or compulsory clause. (4) Basis for punishment: it is required to specify the legal name and specific terms, generally legal liability terms, and no punishment shall be imposed without corresponding legal liability terms. (V) Contents of punishment: According to the provisions of the Administrative Punishment Law, punishment on the spot can only be an administrative punishment of giving a warning, imposing a fine below 5 yuan on citizens, and imposing a fine below 1 yuan on legal persons or other organizations. The amount of fines shall be expressed in Chinese capital letters. (VI) Collection of fines and confiscations: Law enforcement officers can collect fines on the spot as follows: 1. Cases that are punished on the spot according to summary procedures are fined below 2 yuan or exceed 2 yuan, but it is difficult to implement after not collecting them on the spot; 2, law enforcement officers in remote, water, traffic inconvenience areas to make a decision on punishment, regardless of the application of general procedures or summary procedures, the parties to the designated bank payment is indeed difficult, the parties proposed by law enforcement officers to collect and pay. (7) Remedies: Inform the punished person (unit) of the court and limitation of administrative reconsideration or administrative litigation. The administrative reconsideration organ is generally the superior competent department of the drug supervision organ or the people's government at the same level that makes the punishment decision; The court accepting administrative litigation is generally the basic people's court where the administrative organ making the punishment decision is located. (VIII) Sign-in: The time for the parties to sign the penalty decision is related to the performance period of the penalty decision and the calculation of reconsideration and limitation of action, and must be signed by the parties on the spot. Matters needing attention: The application of summary procedure in handling cases is not simplified to only one written decision on punishment on the spot. Because the summary procedure is suitable for cases where the illegal facts are clear, the evidence is conclusive, and the punishment is light, compared with the general procedure, the "simplicity" of the summary procedure lies in that it can omit the links of filing approval, registration and preservation of evidence, seizure and seizure, collegial discussion of cases, notification of punishment in advance or hearing, and case review before punishment. However, there are some links that cannot be omitted. For example, if the illegal acts found in the daily inspection are punished immediately, there should be on-site inspection records; Make necessary inquiries about the parties, inform them of the statement of defend oneself and listen to their statements and arguments, and record the relevant contents in the investigation record; A legal receipt shall be issued for the collection of fines on the spot. Without the support of other law enforcement documents, it is difficult to explain the legitimacy of law enforcement, and it also lays a hidden danger for administrative reconsideration and administrative litigation. According to the law, according to Article 38 of the Administrative Punishment Law of the People's Republic of China, after the investigation is completed, the person in charge of the administrative organ shall review the results of the investigation and make the following decisions according to different situations: (1) If there are indeed illegal acts that deserve administrative punishment, the administrative punishment decision shall be made according to the seriousness and specific circumstances; (two) if the illegal act is minor, administrative punishment may not be imposed according to law; (three) if the illegal facts cannot be established, no administrative punishment shall be given; (four) if the illegal act has constituted a crime, it shall be transferred to judicial organs. If the circumstances are complicated or major illegal acts are given heavier administrative punishment, the person in charge of the administrative organ shall make a collective discussion and decision. Article 39 stipulates that an administrative organ shall, in accordance with the provisions of Article 38 of this Law, make a written decision on administrative punishment. The written decision on administrative punishment shall specify the following items: (1) the name and address of the party concerned; (2) Facts and evidence in violation of laws, regulations or rules; (three) the types and basis of administrative punishment; (four) the way and time limit for the performance of administrative punishment; (five) the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit against the decision on administrative punishment; (six) the name of the administrative organ that made the decision on administrative punishment and the date of making the decision. The written decision on administrative punishment must be stamped with the seal of the administrative organ that made the decision on administrative punishment. Legal objectivity:

Article 39 of the Administrative Punishment Law An administrative organ shall make a written decision on administrative punishment in accordance with the provisions of Article 38 of this Law. The written decision on administrative punishment shall specify the following items: (1) the name and address of the party concerned; (2) Facts and evidence in violation of laws, regulations or rules; (three) the types and basis of administrative punishment; (four) the way and time limit for the performance of administrative punishment; (five) the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit against the decision on administrative punishment; (six) the name of the administrative organ that made the decision on administrative punishment and the date of making the decision. The written decision on administrative punishment must be stamped with the seal of the administrative organ that made the decision on administrative punishment.