According to the Administrative Punishment Law of the People's Republic of China and other relevant laws and regulations, the decision on administrative punishment on the spot shall specify the illegal act, the basis of punishment, the decision on punishment and the way of appeal, and shall be signed or sealed by law enforcement officers. Specifically, the written decision of administrative punishment for on-the-spot punishment needs to include the following elements: illegal acts involved, relevant laws and regulations, possible consequences such as lighter, lighter, heavier and heavier, the rights and obligations of the parties and the basis for punishment, as well as appeal channels such as administrative reconsideration and administrative litigation. At the same time, the administrative penalty decision should indicate the important time nodes such as the execution period of the penalty decision and the payment period of the fine. When making a decision on administrative punishment, law enforcement officers need to carefully verify relevant facts and evidence, and abide by legal procedures and operational norms. Signature or seal is an important guarantee for the legality of administrative punishment decision, and also reflects the integrity of administrative law enforcement procedures.
What should the parties do if they have objections to the decision on administrative punishment on the spot? If a party disagrees with the decision on administrative punishment, it may apply for administrative reconsideration within 60 days from the date of receiving the decision on administrative punishment, and deliver the application materials to the organ that made the decision on administrative punishment or the organ at the next higher level. At the same time, the parties can also directly file an administrative lawsuit within 15 days from the date of receiving the administrative penalty decision, requesting the people's court to cancel the administrative penalty decision or confirm its illegality.
The written decision on administrative punishment for on-the-spot punishment shall specify the illegal act, the basis of punishment, the punishment decision and the way of appeal, and shall be signed or sealed by law enforcement officers. If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit.
Legal basis:
Types of administrative punishment in Article 9 of the Administrative Punishment Law of the People's Republic of China:
(a) warning, informed criticism;
(two) fines, confiscation of illegal income and confiscation of illegal property;
(three) the license is temporarily withheld, the qualification level is lowered, and the license is revoked;
(4) Restricting production and business activities, ordering production and business suspension, ordering closure and restricting employment;
(5) Administrative detention;
(6) Other administrative penalties as prescribed by laws and administrative regulations.