1. Is the administrative penalty decision valid without signature?
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.
The written decision on administrative punishment must be signed by the relevant law enforcement personnel and stamped with the official seal of the law enforcement organ.
"Administrative Punishment Law of the People's Republic of China" Article 34 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 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.
Second, the administrative punishment
In a narrow sense, administrative punishment refers to a specific administrative act that an administrative organ or other administrative subject gives administrative sanctions to an administrative counterpart for acts that violate administrative regulations and do not constitute a crime according to law.
In addition to the narrow administrative punishment mentioned above, the broad administrative punishment also includes some administrative and personnel punishments stipulated by enterprises and institutions.
The principle of fair punishment means that the establishment and implementation of administrative punishment must be commensurate with the illegal facts, nature, circumstances and social harm of the relative person. Administrative organs treat the punished equally, and the punishment scale is the same.
The principle of open punishment means that the basis, process and result of administrative punishment must be open. The administrative organ shall disclose the laws and regulations on administrative punishment, the identity of law enforcement personnel, the main factual basis and other information related to administrative punishment, except that it may endanger public interests or damage the legitimate rights and interests of other citizens or organizations and there are special provisions in laws and regulations.
The principle of non-punishment for one crime should be implemented at four levels.
(1) A behavior is no longer ignored. When the first treatment of the actor by the administrative subject has not lost its effectiveness, it cannot be given a second treatment based on the same facts and reasons, unless the second treatment is a supplement, correction or correction to the first treatment. If it is illegal or improper to deal with it for the first time, the administrative subject should be revoked first and then dealt with again. If the first treatment is legal and correct but fails to achieve the administrative purpose, the administrative subject should fully consider the principle of trust protection, and if it must be revoked, it should compensate the relative person for the losses suffered according to law.
(2) An act is no longer punished. The administrative subject should strictly abide by the principle of one act and one punishment, except that it is clearly stipulated by law or reasonably inferred according to basic jurisprudence and legal rules, such as combined punishment for several crimes, multiple punishment for one thing, multiple punishment for one thing, and multiple behaviors for one thing.
(3) An act is no longer subject to the same punishment. For the same illegal act of the actor, the administrative subject cannot give the same punishment for more than two times. This mainly refers to the situation that an illegal act violates several legal provisions, that is, the concurrence of legal provisions or norms in jurisprudence. In the case of standardizing concurrence, the relevant administrative subjects corresponding to various legal provisions should be allowed to make penalties for different reasons. However, in order to reflect relative fairness and justice, each administrative subject cannot impose the same punishment on the actor.
(4) An act should not be fined more than twice. For the same illegal act of the actor, no matter how many laws are violated, which constitutes several reasons for punishment, and several administrative subjects can only impose a fine. If several administrative subjects have the right to impose fines on the illegal acts involved, according to the principle of priority of effectiveness, the party that should be fined first will be effective.
In our life, especially self-employed households, some law enforcement departments often check whether their operations are legal and whether they have obtained relevant licenses. If it is some entertainment or restaurants, you need to know whether the corresponding projects and decoration meet the decoration standards of the industry. Therefore, the administrative organ will issue a penalty letter to the unqualified operators and consult professional lawyers.