Handling administrative cases: everyone

withdraw

Article 21 The public security organ shall, within two days from the date of receiving the application, make a decision on the application for withdrawal made by the party concerned and his legal representative, and notify the applicant.

Sonda

Article 36 The service of legal documents shall comply with the following provisions:

(1) If a penalty decision is made on the spot according to the summary procedure, it shall be delivered to the punished person on the spot, and the punished person shall sign or fingerprint the decision; If the person being punished refuses, the people's police handling the case shall indicate it in the filing decision;

(2) In addition to the provisions in the first paragraph of this paragraph, when making an administrative penalty or other administrative handling decision, the decision shall be delivered to the person being dealt with on the spot after the announcement, and the person being dealt with shall be deemed to have delivered it by signing the attached decision or pressing his fingerprint; If the person being treated refuses, the people's police handling the case shall indicate it in the attached decision; If the person being treated is not present, the public security organ shall deliver the decision to the person being treated within seven days, and the decision on administrative penalties for public security shall be delivered within two days.

On-the-spot punishment

Thirty-ninth summary punishment, the people's police can make a written decision on administrative punishment.

If the people's police make a decision on administrative punishment on the spot, they shall report the decision to the public security organ for the record within 24 hours after making the decision, and the traffic police shall report it to the traffic management department of the public security organ for the record within two days after making the decision. If an administrative penalty decision is made on a passenger train, civil aircraft or water, it shall be reported to the public security organ for the record within 24 hours after returning.

Report on the implementation of administrative compulsory measures on the spot

Fifty-sixth emergency, the implementation of administrative compulsory measures on the spot, the people's police handling the case shall report to the person in charge of the public security organ within 24 hours, and go through the approval procedures. If administrative compulsory measures restricting citizens' personal freedom are implemented on the spot, the people's police handling the case shall report immediately after returning to the unit and go through the approval procedures. If the person in charge of the public security organ thinks that administrative compulsory measures should not be taken, it shall be lifted immediately.

Keep asking questions

Article 57 In order to maintain social order, the people's police may interrogate suspects who violate the law on the spot after showing their law enforcement certificates. After on-site cross-examination and inspection, the suspicion of illegality cannot be ruled out. If you can apply for cross-examination according to law, you can take it to the public security organ for further cross-examination with the approval of the person in charge of the police station. If a suspect who violates the administration of exit and entry continues to be interrogated according to law, it shall be approved by the person in charge of the public security organ at or above the county level or the entry-exit frontier inspection organ.

The time limit for continuing questioning is generally twelve hours; If it is really difficult to confirm or exclude criminal suspects within 12 hours, it can be extended to 24 hours; For those who don't tell their real names, addresses and identities and can't confirm or exclude their suspects within 24 hours, it can be extended to 48 hours.

accept and hear a case

Article 61 The public security organ shall make the following treatments for reporting, accusing, reporting, reporting by the masses or handing over criminal suspects, and indicate the treatment in the registration of receiving reports:

(a) the case within the jurisdiction of the unit shall be immediately investigated and handled, and the case registration form and receipt shall be made, and the case receipt shall be handed over to the informant, complainant, informant and sender;

(2) If it falls within the scope of duties of the public security organ but is not under the jurisdiction of the unit, it shall be transferred to the unit with jurisdiction for handling within 24 hours, and the informant, complainant, informant, trafficked person and voluntary surrender shall be informed;

(3) If a matter that does not fall within the scope of duties of the public security organ can be judged on the spot when receiving a report, it shall immediately inform the informant, complainant, informant and abductor orally, and report the case to other competent authorities or surrender. Informants, accusers, informants, abductors and surrenders who have objections to oral notification or are unable to judge on the spot shall inform them in writing, except for objective reasons such as lack of contact information and unknown identity.

The provisions of the preceding paragraph shall apply to illegal acts found in daily law enforcement duties.

Inquiry and verification

Article 69 A summoned criminal suspect shall be interrogated and verified in time, and the time for interrogation and verification shall not exceed eight hours; If the case is complicated and the illegal act may be punished by administrative detention according to law, the time for inquiry and verification shall not exceed twenty-four hours.

identify

Article 97 The people's police handling the case shall examine the appraisal opinions.

The public security organ shall, within five days from the date of receiving the appraisal opinion, serve a copy of the appraisal opinion on the illegal suspect and the infringed person.

If the diagnosis certificate issued by a medical institution serves as the basis for the public security organ to determine the degree of personal injury, it shall inform the illegal suspect and the infringed person in writing of the conclusion of the diagnosis certificate.

If an illegal suspect or victim disagrees with the appraisal opinion, he may apply for re-appraisal within three days from the date of receiving a copy of the appraisal opinion, and re-appraisal shall be carried out after approval by the public security organ at or above the county level. Re-appraisal of the same matter in the same administrative case is limited to one time.

Whether the parties apply for re-appraisal does not affect the normal handling of the case.

When the public security organ deems it necessary, it may also directly decide to re-authenticate.

Article 98 In any of the following circumstances, it shall be re-evaluated:

(a) the appraisal procedure is illegal or violates the relevant professional and technical requirements, which may affect the correctness of the appraisal opinions;

(two) the appraisal institutions and appraisers do not have the qualifications and conditions for appraisal;

(three) the expert opinion is obviously insufficient;

(4) The appraiser intentionally makes a false appraisal;

(5) The appraiser should have avoided it;

(six) false or damaged materials;

(seven) other should be re identified.

If the situation does not meet the provisions of the preceding paragraph, with the approval of the person in charge of the public security organ at or above the county level, a decision shall be made not to approve the re-appraisal, and the applicant shall be notified in writing within three days from the date of making the decision.

Pre-registration and preservation

Article 110 In case the evidence may be lost or difficult to obtain later, it may be registered and preserved in advance with the approval of the person in charge of the case-handling department of the public security organ.

During the period of advance registration and preservation, the evidence holder and other personnel shall not damage or transfer the evidence.

The evidence registered and preserved in advance shall be processed within seven days. If no decision is made within the time limit, it shall be deemed as automatic termination.

Duration of seizure, detention and seizure

Article 112 The time limit for sealing up, distraining and sealing up is 30 days. If the situation is complicated, it may be extended for 30 days with the approval of the person in charge of the public security organ at or above the county level. Except as otherwise provided by laws and administrative regulations. If the time limit for sealing up, distraining and sealing up is extended, the parties concerned shall be informed in writing in time and the reasons shall be explained.

Where it is necessary to identify articles, the time limit for identification shall not be included in the time limit for sealing up, distraining or sealing up, but the parties concerned shall be informed of the time limit for identification in writing.

Notice, application, acceptance and holding of hearing

132nd administrative cases to which the hearing procedure is applicable, the case-handling department shall inform the illegal suspect of the administrative punishment to be given and the right to request a hearing after putting forward the punishment opinions.

Article 133 If an illegal suspect requests a hearing, he shall apply within three days after the public security organ informs him.

Article 134 The suspect who violates the law waives the hearing or withdraws the request for hearing, but before the decision on punishment is made, as long as the application for hearing is valid, it shall be allowed.

Article 135 After receiving the application for hearing, the public security organ shall decide whether to accept it within two days. If the applicant's request does not meet the requirements of the hearing and decides not to accept it, it shall make a notice of not accepting the hearing and inform the applicant of the hearing. If the applicant for hearing is not notified within the time limit, it shall be deemed to be accepted.

Article 136 After accepting a hearing, the public security organ shall serve a notice of hearing on the applicant seven days before the hearing is held, and notify other participants of the hearing of the time and place.

Article 137 A hearing shall be held within 10 days from the date when the public security organ receives the application for hearing.

Except for administrative cases involving state secrets, commercial secrets and personal privacy, the hearing shall be held in public.

Time limit for handling public security cases

Article 165 The time limit for public security organs to handle public security cases shall not exceed 30 days from the date of acceptance; If the case is serious and complicated, it may be extended for 30 days with the approval of the public security organ at the next higher level. If there is a statutory time limit for handling other administrative cases, it shall be handled in accordance with relevant laws and regulations.

In order to find out the case during the appraisal period, it is not included in the time limit for handling cases.

If an administrative decision cannot be made within the statutory time limit due to objective reasons such as the escape of the violator of public security administration, the public security organ shall continue to investigate and collect evidence, explain the situation to the infringed person, and make a timely decision according to law.

Article 168 If the facts of an illegal act are clear and the evidence is really sufficient, administrative punishment shall be given according to law. If the violator is unable to fulfill the obligation of informing due to escape and other reasons, the public security organ may inform him by way of announcement. If the suspect fails to plead within seven days from the date of announcement, a decision on administrative punishment may be made according to law.

Served by the infringer

Article 172 If there is an infringed person in a public security case, the public security organ shall, within two days from the date of making the punishment decision, serve the punishment decision on the infringed person. If it cannot be delivered, it shall be indicated.

Mediation again

183rd mediation is generally once. If mediation fails once, the public security organ may mediate again if it deems it necessary or the parties apply, and it shall be completed within seven working days after the first mediation.

Property involved

Article 190 The people's police handling the case shall hand over the property to the property management personnel involved in the case within 24 hours after legally extracting the property involved, and go through the handover procedures. For the property involved in the seizure and prior registration and preservation, a copy of the legal document and the property involved shall be sent to the property management personnel involved for registration within 24 hours after taking measures.

If the property involved is extracted in a different place or in a remote and inaccessible area, the people's police handling the case shall hand it over within 24 hours after returning to the unit.

In case of emergency, the property involved must be identified and identified within 24 hours after extraction. With the approval of the person in charge of the case-handling department, it can be handed over within 24 hours after the identification and identification is completed.

If the property involved has been processed within 24 hours after extraction, it will not be handed over.

Due to the needs of handling cases such as inquiry, appraisal and inquest, the people's police handling cases may collect the property involved and return it in time with the approval of the person in charge of the case-handling department.

Return property

Article 197 For the property that should be returned to the original owner or the party concerned, notify the original owner or the party concerned to collect it within six months; If the original owner is not clear, it shall inform the original owner to claim by announcement. Within six months after notifying the original owner, the parties concerned or issuing an announcement, unclaimed property shall be treated as unclaimed property and turned over to the state treasury after registration, or sold or auctioned according to law, and the proceeds shall be turned over to the state treasury. In case of special circumstances, it may be extended as appropriate, and the extension period shall not exceed three months.

Article 203 If an administrative decision is made in accordance with the law, requiring the person being dealt with to perform obligations such as removing obstacles and restoring to the original state, and the person being dealt with fails to perform within the time limit and still fails to perform after being urged, the public security organ may perform it on his behalf, or entrust a third person who has no interest to perform it on his behalf.

Representatives shall observe the following provisions when performing their duties:

(1) Before the written decision is served, the name and address of the party concerned, the reasons and basis for performance, the method and time, the subject matter, the cost budget and the person performing it shall be clearly stated;

(two) three days before the performance, urge the parties to perform, the parties do not perform, stop performing;

(3) When executing on behalf of the public security organ, the public security organ that made the decision shall send personnel to the scene to supervise;

(four) after the performance of the public security organ, the supervisor, the agent and the parties or witnesses of the public security organ shall sign or seal the execution document.

The performance fee shall be borne by the parties concerned. However, unless otherwise provided by law.

Article 206 If a party fails to apply for administrative reconsideration or bring an administrative lawsuit or perform an administrative decision within the statutory time limit, and the law does not provide for compulsory execution by a public security organ, the public security organ that made the administrative decision may, within three months from the expiration of the time limit, apply to the local people's court with jurisdiction for compulsory execution. In case of emergency, in order to ensure public safety, the public security organ may apply to the people's court for immediate execution.

The execution expenses shall be borne by the person subjected to execution.

Article 207 Before applying to the people's court for compulsory execution, the public security organ shall urge the person subjected to execution to perform his obligations. If the person being treated still fails to perform his obligations ten days after the notice is served, the public security organ may apply to the people's court for compulsory execution.

Application for reconsideration execution

Article 209 If the public security organ refuses to accept the decision of the people's court not to accept the application for compulsory execution or not to execute it, it may apply to the people's court at the next higher level for reconsideration within 15 days.

Stop execution, stop execution.

Article 210 Execution shall be suspended under any of the following circumstances:

(a) the parties are temporarily unable to perform;

(two) the third party's claim to the subject matter of execution is justified;

(3) It may cause irreparable heavy losses to others or public interests after implementation;

(four) other need to suspend execution.

After the suspension of execution disappears, the public security organ shall resume execution. If there is no obvious social harm and the parties are really unable to perform, the execution will not be resumed after three years of suspension.

Enforcement of fines

Article 214 After the public security organ makes a decision on a fine, the person to be punished shall pay the fine at the designated bank within 15 days from the date of receiving the decision on administrative punishment. Under any of the following circumstances, the public security organ and the people's police handling the case may collect the fine on the spot, except as otherwise provided by law:

(1) Impose a fine of not more than 50 yuan on those who violate the administration of public security, and impose a fine on pedestrians, passengers and non-motor vehicle drivers who violate traffic management, and the punished person has no objection;

(2) Impose a fine of not more than 20 yuan on the spot for other violators other than public security management and traffic management;

(three) in remote, water, inaccessible areas, passenger trains or ports, it is indeed difficult for the punished person to pay the fine to the designated bank, and it is proposed by the punished person;

(four) the punished person has no fixed residence in the local area, and it is difficult to execute it after it is not collected on the spot.

Under any of the circumstances listed in Items 1 and 3 of the preceding paragraph, the people's police handling the case shall require the punished person to sign for confirmation.

Article 216 The people's police shall, within two days from the date of collecting the fine, turn over the fine collected on the spot to the public security organ to which it belongs; Fines collected on the spot on the water shall be turned over to the public security organs within two days from the date of arrival; Fines collected on the spot on passenger trains shall be turned over to the public security organs within two days from the date of return.

The public security organ shall pay the fine to the designated bank within two days from the date of receiving the fine.

Article 219 If a person who has been fined according to law still fails to perform after being urged to do so for more than 30 days, the public security organ that has made the decision on administrative punishment may, in accordance with the provisions of Article 206 of these Provisions, apply to the local people's court with jurisdiction for compulsory execution.

Article 223 The public security organ shall make a decision within 24 hours after receiving the application of the punished person to suspend the execution of administrative detention.

The public security organ believes that the suspension of administrative detention will not cause social danger, and if the punished person or his close relatives propose qualified guarantors or pay a deposit according to the standard of daily administrative detention of 200 yuan, it shall make a decision to suspend administrative detention.

The same punished person shall not be ordered to put forward the guarantor and pay the deposit at the same time.

If the punished person has been delivered to the detention center for execution, the public security organ shall immediately deliver the decision to suspend the execution of administrative detention to the detention center, and the detention center shall immediately release the punished person.

Handling of foreign-related administrative cases

Article 242 If a foreigner is under any of the following circumstances and cannot be ruled out after on-the-spot questioning or continued questioning, and needs further investigation, he may be detained for examination with the approval of the person in charge of the public security organ at or above the county level or the entry-exit frontier inspection organ:

(a) suspected of illegal entry and exit;

(two) suspected of assisting others in illegal entry and exit;

(three) suspected of illegal residence and illegal employment;

(four) suspected of endangering national security and interests, disturbing public order or engaging in other illegal and criminal activities.

To conduct detention review, a decision on detention review shall be submitted within 24 hours and an inquiry shall be made.

The detention review period shall not exceed 30 days. If the case is complicated, it may be extended to 60 days with the approval of the public security organ at a higher level or the entry-exit frontier inspection organ. For those whose nationality and identity are unknown, the detention review period shall be counted from the date when their nationality and identity are ascertained.

Article 246 A foreigner may be expelled from the country with the approval of the public security organ at or above the county level or the person in charge of the entry-exit frontier inspection organ under any of the following circumstances:

(1) Being ordered to leave the country within a time limit and failing to leave the country within the time limit;

(2) being refused entry;

(three) illegal residence and illegal employment;

(four) in violation of laws and administrative regulations, it is necessary to be deported.

Other overseas personnel under any of the circumstances listed in the preceding paragraph may be deported according to law.

Deported persons are not allowed to enter the country for one to five years from the date of expulsion.