Article 3 of the Administrative Punishment Law stipulates that if a citizen, legal person or other organization violates the administrative order and should be given administrative punishment according to this law, it shall be prescribed by laws, regulations or rules, and the administrative organ shall implement it according to the procedures prescribed by this law.
The applicable conditions of administrative punishment: first, illegal acts must be carried out, and illegal acts violate the norms of administrative law; Second, the administrative counterpart has the responsibility ability; Third, the behavior of the administrative counterpart should be punished according to law; Fourth, the illegal act did not exceed the limit of investigation.
Extended data
Applicable methods of administrative punishment:
1, no penalty. According to the regulations,
If a person under the age of fourteen commits an illegal act, he shall not be given administrative punishment;
If a mental patient commits an illegal act when he can't identify or control his own behavior, he will not be given administrative punishment;
If the illegal act is minor and corrected in time, and no harmful consequences are caused, no administrative punishment shall be imposed;
If no illegal acts are found within two years, no administrative punishment will be given unless otherwise provided by law.
2. Lighter or mitigated punishment. Lighter punishment means that within the legal category and legal range of administrative punishment, according to the lower limit of punishment or slightly higher than the lower limit of punishment, but not lower than the minimum limit of legal punishment range, lighter types are applied or punished. Mitigating punishment refers to giving punishment below the minimum of the statutory punishment range.
For example, if the tax authorities order it to make corrections within a time limit, they will be fined between 2,000 yuan and 20,000 yuan, with a lighter punishment of 2,000 yuan and a lighter punishment of 1000 yuan.
According to the regulations, the circumstances that should be given a lighter or mitigated administrative punishment according to law are as follows: First, a person who has reached the age of 14 and is under the age of 18 commits an illegal act; Second, actively eliminate or reduce the harmful consequences of illegal acts; Third, it is illegal to be coerced by others; The fourth is to cooperate with the administrative organs to investigate and deal with illegal acts with meritorious service; Fifth, other circumstances that should be given a lighter or mitigated administrative punishment according to law.
Reference source Baidu Encyclopedia-Administrative Punishment