Legal analysis
The parties sign the written decision on administrative punishment only to confirm that they have received the written decision. If the recipient refuses to sign for it, he may invite representatives of relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and the litigation documents shall be signed or sealed by the recipient and witnesses. You can also leave the litigation documents at the addressee's residence and record the delivery process by taking photos, videos, etc. , that is, as delivery. Failure to sign does not affect the validity of the administrative penalty decision, as long as it is indicated when it is delivered. If there is any objection to the administrative punishment, it may bring an administrative reconsideration or an administrative lawsuit. According to the relevant laws and regulations, if a public security organ makes a public security punishment, it shall deliver it to the punished person on the spot. If it cannot be delivered on the spot, it shall be delivered within the next day. Refuses to accept the punishment decision, you can apply for reconsideration to the competent department at the next higher level within 60 days from the date of receiving the administrative punishment decision; The parties may also bring an administrative lawsuit directly to the people's court within 15 days from the date of receiving the decision on administrative punishment. However, if the party concerned fails to apply for administrative reconsideration or bring an administrative lawsuit to the people's court within the time limit, nor complies with the decision on administrative punishment, the competent department that made the decision on administrative punishment may apply to the people's court for compulsory execution.
legal ground
"Administrative Punishment Law of the People's Republic of China" Article 40 If a citizen, legal person or other organization violates the administrative order and should be given administrative punishment according to law, the administrative organ must ascertain the facts; If the illegal facts are unclear and the evidence is insufficient, no administrative punishment shall be given.
Article 86 of the Civil Procedure Law of People's Republic of China (PRC) * * * If the addressee or his adult family members who live together refuse to accept the litigation documents, the addressee may invite the representatives of relevant grassroots organizations or units to be present to explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence, which shall be signed or sealed by the addressee and witnesses; You can also leave the litigation documents at the addressee's residence and record the delivery process by taking photos, videos, etc. , that is, as delivery.