1. Concept

The "On-the-spot Administrative Penalty Decision" is a document in which law enforcement officers of administrative agencies follow the simplified administrative penalty procedures to handle illegal cases with simple facts, clear illegal facts and conclusive evidence. A legal document for making an administrative penalty decision on the spot.

When using simplified procedures to punish illegal acts, law enforcement officers fill in the relevant content according to the on-the-spot punishment decision made in advance, instead of going through general procedures such as case filing and approval, which saves time, facilitates improvement of efficiency, and is beneficial to Stop illegal activities promptly.

2. The basis for the application of this document is Article 33 of the "Administrative Punishment Law": "If the illegal facts are confirmed and there is a legal basis, a citizen shall be fined not more than 50 yuan, and a legal person or other organization shall be fined no more than 50 yuan." If an administrative penalty of less than 1,000 yuan or a warning is imposed, an administrative penalty decision may be made on the spot. "Article 34 of the Administrative Punishment Law stipulates: "Law enforcement officers who make an administrative penalty decision on the spot shall show their law enforcement identification documents to the parties concerned. Fill in the predetermined format and number the administrative penalty decision letter. ” 1. Document structure

This document is a multi-part document with a unified predetermined format, written in three copies, with the first page filed. The second page shall be handed over to the punished unit, and the third page shall be handed over to the people's court for enforcement when necessary, including the header, main body and tail.

2. Production requirements

(1) Header includes document title and document number.

Title of the document—that is, the on-the-spot administrative penalty decision.

Document number—Format: Region abbreviation Law enforcement category Nature of law enforcement [Year] Sequence number, such as: (Han) Yaodangxingxingfang [2006] No. 25.

(2) The text includes the unit (person) being punished, the facts of the violation, the terms violated, the basis for punishment, and the type and extent of punishment.

Punished unit (person) - fill in the name, address, name, gender, age and position of the legal representative (person in charge).

Illegal facts - these are illegal acts with simple facts, clear facts and minor circumstances discovered by law enforcement officers during on-site inspections. They should be stated concisely and supported by relevant evidence. This evidence can be documentary evidence, physical evidence obtained during on-site inspection, or on-site inspection transcripts.

Punishment basis - including the legal provisions violated and the basis for punishment. The full name of the laws and regulations and the specific provisions, paragraphs and items based on them must be stated.

The type and extent of punishment - must be within the category and extent of punishment stipulated in Article 33 of the Administrative Penalty Law.

(3) The tail includes notification matters, signatures and dates of the parties and law enforcement officers, and the official seal of the administrative department.

Information 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 the litigation rights they enjoy according to law, that is, the time limit and ways to file an administrative review or apply for administrative litigation if they are dissatisfied with the penalty decision; if it is overdue If the penalty decision is not fulfilled, the administrative agency that made the penalty decision will take measures, etc.

Signature and date of the parties - the signature of the parties shall be deemed as delivery, and the date of signature shall be the date of delivery.

Signatures and dates of law enforcement officers - There must be signatures and dates from more than 2 law enforcement officers. The date noted is the date when the administrative penalty decision is made.

Official seal - the official seal of the administrative agency. 1. The basic information of the parties should be filled in completely without missing any items.

2. After law enforcement officers fill out the "On-the-spot Administrative Punishment Decision", they should read it out on the spot and deliver it to the parties. They cannot be served afterwards. Reading it out on the spot is equivalent to informing them in advance. If the parties have statements of defense, they should listen carefully. .

3. The dates filled in by the parties and law enforcement officers on the "On-site Administrative Punishment Decision" should be consistent.

4. Strictly grasp the scope of application of on-the-spot punishment. The "On-the-spot Administrative Punishment Decision" is only applicable to warnings and stipulated smaller amounts of fines. It cannot be used to confiscate items and illegal gains no matter how small the quantity and amount are. the instrument.

5. Law enforcement officers should report the on-the-spot punishment to their respective administrative agencies for record within 7 days from the date of imposition of the on-the-spot punishment.

6. In summary procedures, it mainly refers to the execution method of fines. One is to pay on the spot, and the conditions for on-the-spot payment are in accordance with the provisions of Articles 47 and 48 of the Administrative Penalty Law. In this case, the party must be issued a fine receipt uniformly issued by the financial department, and law enforcement officers should strictly follow the relevant regulations to hand over the fine to the bank. Another way is for the parties to pay the fine directly to a designated bank. If you pay a fine in this way, you should clearly fill in the name and address of the designated bank. (1) State the basic information of the person (unit) being punished.

(2) Illegal facts: The simplified procedure requires clear illegal facts and conclusive evidence. Therefore, the specific circumstances of the illegal facts that have been verified and verified should be stated. If there are multiple illegal acts, they should be filled in by category.

(3) Basis of violation: State the specific provisions that violate the law. Generally it is a prohibitive or obligatory clause.

(4) Basis for punishment: It is required to state the legal name and specific clauses, usually legal liability clauses. If there is no corresponding legal liability clause, no punishment will be allowed.

(5) Penalty content: According to the "Administrative Penalty Law", on-the-spot punishment can only include a warning, a fine of less than 50 yuan for citizens, and a fine of less than 1,000 yuan for legal persons or other organizations. . The amount of the fine shall be expressed in Chinese capital letters.

(6) Collection of fines and confiscations: The circumstances under which law enforcement officers can collect fines on the spot include:

1. In cases of on-the-spot punishment according to simplified procedures, a fine of less than 20 yuan or more may be imposed. 20 yuan, but it is difficult to enforce it if it is not collected on the spot; 2. Law enforcement officers make penalty decisions in remote, water-based, or inaccessible areas, regardless of whether general procedures or simplified procedures apply, and the party concerned really has difficulty in paying the money to the designated bank. Upon request by the party concerned, Collection and delivery by law enforcement officers.

(7) Remedy channels: Inform the punished person (unit) of the court and statute of limitations for filing administrative reconsideration or administrative litigation. The administrative review authority is generally the superior department of the drug regulatory agency that made the penalty decision or the people's government at the same level; the court that accepts administrative litigation is generally the grassroots people's court where the administrative agency that made the penalty decision is located.

(8) Signature: The time for the parties to sign the penalty decision letter is related to the execution period of the penalty decision and the calculation of the review and statute of limitations. The parties must sign for it on the spot. The application of simplified procedures to handle cases does not mean that there is only an on-the-spot penalty decision. Since the summary procedure is applicable to situations where the illegal facts are clear, the evidence is conclusive, and the punishment is lighter, compared with the general procedure, the simplicity of the summary procedure lies in the fact that it can omit case filing and approval, registration and preservation of evidence, seizure and seizure, case discussion, and punishment. Prior notification or hearing notification, case review before punishment, etc. However, there are some links that cannot be omitted. For example, if immediate punishment is given to illegal acts discovered during daily inspections, there should be on-site inspection transcripts; necessary inquiries should be made to the parties, informed of their right to make statements and defenses, and their statements and defenses should be heard. Relevant content is recorded in the investigation transcript; legal receipts, etc. must be issued when fines are collected on the spot. Without the support of other law enforcement documents, it is difficult to explain the legality of law enforcement actions, and it also creates hidden dangers for administrative reconsideration and administrative litigation.