Article introduction: Unscramble " administration sanctions a method " the 8th, how does the enterprise do by the 6 administration punishment such as stop production close down?
The first part: Law textual
" administration sanctions a method " the 8th, it is the phyletic regulation that punishs to administration.
1, warning
2, amerce
3, confiscate illegal earning, confiscate illegal property
4, order stop production stop business
5, of short duration is buckled or revoke licence, of short duration is buckled or revoke charter
6, administration is detained
7, the other administration punishment that law, administrative regulations sets.
The 2nd part: Law is analytic
One, warning.
The citizen that shows the executive authority violates act to having, legal person is other perhaps the organization puts forward to admonish, make its know a kind of punishment with to blame place. The warning applies to those to violate administration statute commonly not slighter, large to social harm degree action. Can make on the spot commonly.
2, amerce.
The travel humanness that shows the executive authority violates administration statute compulsively lawfully (include legal person etc to organize) inside proper time pay is a certain quantity of condemnatory behavior of the money. Amerce is a kind of belongings is punished. Front courtyard of principle columns of a hall knows penalty is the administration with a kind of wider suitable scope is punished. To avoid the optional sex of amerce, administration punished a law to have the regulation of sex of a few demarcate to amerce. Did not fine in the sort that the administration that provides to the legislation that has enacted, administrative regulations punishs, local laws and regulations and rules cannot increase the punishment that sets fine. Execute a person to avoid penalty jobbery, legal provision makes the mechanism that fines a decision and the orgnaization depart that capture amerce, amerce must treasury of all turn over to the higher authorities, any executive authorities or the individual must not be held back with any forms, illicit cent. The set of amerce and carry out should apply proper, punish with comparative too.
3, confiscate illegal earning, confiscate illegal property.
Point to basis of national executive authority administration laws and regulations, an administration that the property that the illegal place of behavior person acquires or illegal property compulsive free controls homecoming to have punishs measure. Confiscating is a kind of relatively severe belongings is punished, its carry out a domain to have the demarcate sex of certain level, it is seek to those only illegal income and the citizen of lawbreaking code, legal person and organization just can execute this kind of belongings to punish.
4, order stop production stop business.
Show national executive authority is right the industrial and commercial enterprise that violates administration statute or individual manage door, strip inside proper time lawfully the administrative punishment that its are engaged in some production or manages mobile right, belong to a kind when behavior punishs. Because instruct the punishment of stop production close down to will affect the production of the enterprise and classics directly,seek profits beneficial, because this is right,violate act than more serious administration ability is applicable.
5, of short duration is buckled or revoke licence, of short duration is buckled or revoke charter.
Front courtyard of principle columns of a hall tears open change group to think, licence and charter point to what the application of citizen, legal person or other organization issues lawfully to administration is in charge of mechanism to answer allow the written file that the applicant undertakes some kind of activity. It is the proof of some kind of right that other perhaps organization enjoys citizen, legal person. Of short duration is buckled or revoke licence, charter is to point to national executive authority, to disobeying administration other perhaps organization executes the citizen of code, legal person to withhold its licence or license temporarily lawfully, privative the administrative punishment that its are engaged in some production or manages mobile right. This is competence of a kind of more more severe than ordering stop production stop business a kind of conduct is punished. Accordingly, have law and administrative regulations only can this punishs set.
6, administration is detained.
Show public security mechanism manages the citizen that punishs byelaw to violating public order, be in short-term inside the measure of a kind of punishment that limits its person freedom, also be the most severe kind in measure of punishment of public security management. Administration detains the freedom of a kind of person that is freedom of limitative citizen person to punish, also be one of the most severe punishment in administrative punishment. As a result of its severity sex, because this administration sanctions a method,the limitative regulation that punishs to this kind also is the strictest, only law can stipulate the administration that involves citizen person freedom is detained punish, other wait like administrative regulations, local laws and regulations, regulations cannot set is punished this kind.
7, the other administration punishment that law, administrative regulations sets.
Place lists the basic sort that 6 kinds of punishment are administrative punishment only above, also be the sort that uses at most. The omission that has law and the punishment that administrative regulations sets to prevent and new condemnatory measure will appear in legislation henceforth and set this.
Front courtyard of principle columns of a hall hints you:
1, if you are managed the meal enterprise such as cafeteria, hotel, because discharge lampblack to exceed bid, or discharge sewage to exceed bid, by relevant section punishment. If your factory is forced because of environmental protection problem stop production close down or be shut. Likely also your farm is instructed to ban raise, demolish, shut. Even because of above some kind of reason is fined. If you think the processing of relevant section is improper, can according to " administration sanctions a method " thirtieth 5, safeguard oneself to close right increase. Namely " administration sanctions a method " thirtieth sets 5 times, party decides disaffected to the administrative punishment that makes on the spot, can apply for to administration is reconsidered or mention lawsuit of politics of start on a journey lawfully. If you encounter not clear law problem, can consult professional lawyer, seek a solution.
2, at the same time, note the following and legal time limit please, lest miss dimension authority good opportunity.
(1) " administration reconsiders a law " the 9th regulation, citizen, legal person is other perhaps the organization thinks specific administration action encroachs his to close right increase, since the day that can know this specific administration action oneself administration puts forward to reconsider application inside 60 days; But the files time more than 60 days exception that law provides. Because of force majeure other perhaps warrant delays legal application deadline, application deadline continues to calculate since the day that the obstacle eliminates.
(2) " administrative procedural law " the 44th regulation, get the administrative case of case limits to belonging to people court, citizen, legal person is other perhaps the organization can apply for to reconsider to the executive authority first, to reconsidering decision disaffected, again to people court to lodge a complaint; OK also and direct to people court to lodge a complaint. Law, code sets ought to apply for to reconsider to the executive authority first, refuse to obey to reconsidering a decision again to people court to lodge a complaint, the regulation of according to law, code. The 45th sets, citizen, legal person is other perhaps the organization refuses to obey of the decision that reconsider, to lodge a complaint of indrawn people court can rise 15 days in the day that gets book of the decision that reconsider. Exceed the time limit of the mechanism that reconsider does not make a decision, the applicant can be in reconsider to lodge a complaint of court of 15 days of indrawn people since expiring day. Law has formulary except additionally. The 46th sets, citizen, legal person is other perhaps the organization is direct to people court to lodge a complaint, put forward inside 6 months since the day that ought to know oneself or ought to know to make administrative action. Law has formulary except additionally. Besides the case because of praedial to lodge a complaint, other case exceeds 5 years of to lodge a complaint since the day that administrative action makes, people court does not grant to accept.
Attention " front courtyard of principle columns of a hall tears open change lawyer " a date, illicit letter leaves a message, can enjoy man-to-man solve.
