Before we are taken into administrative detention, we need to receive the administrative detention decision before disembarking. This is because China's administrative procedure law stipulates that it must be carried out in accordance with the relevant procedures of the administrative procedure law. However, in the process of delivering the national detention decision, we may encounter various situations, just as we want to know the delivery method of the administrative detention decision. How can I serve the administrative detention decision?
How to serve the administrative detention decision?
(1) Direct delivery. When the registration authority makes a decision on administrative punishment, it shall deliver the decision to the person in charge of the social organization to be punished on the spot after the announcement, and the person in charge shall sign or seal the "Receipt of Service", which shall be deemed as service; If the person in charge refuses to sign and seal, the case-handling personnel shall indicate it on the service receipt. Registries should pay attention to:
1 If there are no special circumstances, deliver it directly;
2. Receipt signed by the legal representative, principal responsible person or person in charge of the social organization;
If the addressee has an entrusted agent, it may send it to his agent for signature;
4. If the addressee appoints an agent to the registration authority, it shall send it to the agent for signature;
The service of legal documents must have a receipt, and the addressee shall record the date of receipt, sign or seal it;
6 The date of receipt by the addressee on the service receipt shall be the date of service.
(2) service by lien. In the application of lien service, attention should be paid to:
1 The condition of lien service is that the addressee refuses to sign the legal documents;
The addressee shall invite representatives of relevant grass-roots organizations to be present, explain the situation, and record the reasons and date of refusal on the service receipt;
3. The addressee or witness shall sign or seal the service receipt and leave the legal document at the addressee's residence, which shall be deemed as service;
4. If the representatives of relevant grass-roots organizations or units and other witnesses are unwilling to sign or seal the service receipt, the addressee shall record the situation on the service receipt and leave the service document at the addressee's residence, which shall be deemed as service;
The date marked on the service receipt by the addressee shall be the date of service.
(3) delivery by post. When it is difficult for the registration authority to serve legal documents directly, it may also serve them by post. When mailing, you should pay attention to:
1 If it is difficult to deliver it directly, it can only be delivered by mail;
If it is delivered by post, the date of receipt indicated on the receipt shall be the date of delivery;
3. If it is delivered by post, it shall be accompanied by a receipt of service. If the date of receipt indicated on the registered letter receipt is inconsistent with the date of receipt indicated on the delivery receipt, the date of receipt indicated on the registered letter receipt shall be the date of delivery;
If the receipt is not sent back, the date of receipt indicated on the receipt of registered letter shall be the date of delivery.
(4) Announcement service. Announcement service is the last service mode. When applying for announcement service, you should pay attention to the following matters:
1 If it cannot be delivered by other means, it shall be delivered by announcement;
2. When the announcement is delivered, it can be posted at the original residence of the addressee, or published in public newspapers, the Internet and other media;
The announcement period is 60 days from the date of announcement;
4. After the expiration of the announcement, it shall be deemed to have been served;
If the registration authority adopts the method of announcement, it shall record the reasons and process in the file.
Through my introduction, we can know that the delivery methods of administrative detention decision are direct delivery, lien delivery, mail delivery and announcement delivery, and each method has its own specific requirements. However, in the actual process, law enforcement officers can serve the administrative detention decision according to their own situation.