Part I Objective Questions
I. Judgment questions; 20 points (adding the word in the correct, indicates the cause of the error, indicates that the deletion of the correct)
1, administrative law enforcement actions in any case must be clearly stipulated by laws, regulations or rules. (Right)
2, due to the lack of relevant laws, rules and regulations, in order to administrative needs, administrative organs in the formulation of other normative documents may not make decisions to increase the obligations of the relative administrative management. (Wrong)
3. The imposition of administrative penalties shall take into account the factual circumstances relating to the case and the attitude of the person being penalized in deciding to increase or reduce the penalty. (Wrong)
4. Laws and administrative regulations can set various administrative penalties. (Wrong)
5. If a party requests a hearing, the administrative organ may not impose a heavier penalty on the party whose statement of facts, reasons and evidence provided are not established. (Wrong)
6. Without a legal basis, the administrative penalty is invalid. (Right)
7. When an administrative organ serves a decision on an administrative penalty to the party concerned, it shall attach a return of service, except for service by public announcement. (Right)
8, in addition to laws, regulations, decisions of the State Council and regulations of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, other normative documents shall not be set administrative licensing. (Right)
9, administrative licensing application requires the use of format text, the administrative organ can should be provided to the applicant. (Wrong)
10, the administrative organ to make a written decision not to administrative licensing, shall state the reasons, and inform the applicant of the right to apply for administrative reconsideration according to law or bring an administrative lawsuit. (Right)
11, the administrative organ to provide the text of the application for administrative licensing, may not be required to charge a certain fee. (Wrong)
12, the administrative organ accepts or does not accept the application for administrative licenses, should be issued with the administrative organ stamped and dated written vouchers. (Right)
13, administrative organs in violation of the law or improper exercise of power, shall bear legal responsibility in accordance with the law, to achieve the unity of power and responsibility
(Right)
14, administrative organs to implement administrative management, shall be carried out in accordance with the provisions of the laws, rules and regulations; there is no law, rules and regulations, the administrative organs shall not be made to the detriment of the legitimate rights and interests of citizens, legal persons and other organizations, or increase the number of citizens, legal persons and other organizations, or the legal rights and interests of citizens, legal persons and other organizations. Organizations legitimate rights and interests or increase the obligations of citizens, legal persons or other organizations. (Right)
15. Administrative penalties are penalties imposed by an administrative organ on a civil servant for violating an administrative legal obligation, and include warnings, demerits, demerits, reduction in rank, dismissal, and expulsion. (Wrong)
16, administrative organs and their staff of illegal acts to citizens, legal persons or other organizations of the legitimate rights and interests of the damage caused by the state shall bear the responsibility for compensation. (Wrong)
17, the administrative organ to implement administrative management can be used in a variety of ways to achieve administrative purposes should be avoided to the detriment of the rights and interests of the parties. (Right)
18, people's court administrative cases, the legality and reasonableness of the specific administrative act to review. (Wrong)
19, administrative organs have the right of administrative license. (Wrong)
20, not due to legal reasons, through legal procedures, administrative organs shall not revoke, change the administrative decision has come into effect.
(Wrong)
21, administrative law enforcement by the administrative organ within its legal competence, non-administrative organizations are not authorized by laws and regulations or the administrative organ of the lawful entrustment, shall not exercise administrative law enforcement. Persons who have not obtained qualifications in administrative law enforcement may not engage in administrative law enforcement. (Right)
22, laws, regulations or rules may authorize organizations with the function of managing public **** affairs to implement administrative penalties. (Wrong)
23, the principle of priority of the law requires administrative law enforcement agencies in the exercise of rights, especially affecting the fundamental rights and obligations of citizens of the specific law enforcement acts, the content of their acts must be made in accordance with the provisions of the law. (Right)
24, the administrative organ to implement administrative penalties, can should be ordered to correct or deadline for the parties to correct the illegal behavior. (Wrong)
25, the provisions of the administrative penalties imposed on violations must be published, unpublished shall not be used as the basis for administrative penalties (right)
26, the people's court in accordance with the law, the administrative organs shall consciously fulfill the effective administrative judgments and rulings. (Yes)
27, there is no legal basis or does not comply with the legal procedures, administrative penalties are invalid. (Right)
28. Applications for administrative licenses may be made by letter, telegram, telex, facsimile, electronic data interchange and e-mail. (Right)
29, the state council ministries and commissions concerned departmental regulations do not have the right to set a certain range of administrative licensing matters. (Wrong)
30, the parties to the law, administrative regulations provided by the administrative organ of the final decision of the specific administrative act, can not bring an administrative lawsuit. (Wrong)
31, administrative organs to implement administrative licensing and supervision and inspection of administrative licensing matters, shall not charge any fees. However, laws and administrative regulations provide otherwise, in accordance with its provisions. (Wrong)
32, the administrative organ to deal with administrative sanctions, civil disputes made by the mediation or other processing, according to law can not apply for administrative reconsideration. (Wrong)
33, citizens, legal persons or other organizations of the administrative reconsideration decision, you can in accordance with the provisions of the Administrative Procedure Law to the people's court administrative litigation, but laws and administrative regulations provide for administrative reconsideration of the decision for the final decision, except. (Wrong)
34, the administrative organ to make a specific administrative act, in accordance with the law should be served to the citizen, legal person or other organization without legal documents, as the citizen, legal person or other organization is not aware of the specific administrative act. (Right)
35, urban and rural areas according to the residents of the residential areas set up by the residents' committee or villagers' committee is the grass-roots mass self-government organizations can not be authorized to become the subject of administrative law enforcement. (Wrong)
36, when the meetings of the standing committees of the people's congresses at all levels consider bills and related reports, the people's government at this level or the relevant departments, the people's courts or people's procuratorates shall send the relevant persons in charge to the meetings to listen to the views of, and to answer inquiries. (Right)
II. Single-choice questions. 30 points
1. The following statements about administrative licensing are correct. C
C, administrative licensing refers to the administrative organ based on the application of citizens, legal persons or other organizations, after examination in accordance with the law, granting them permission to engage in specific activities.
2, after administrative reconsideration of the case, the administrative reconsideration organ to change the original specific administrative act, the defendant of the administrative litigation is. a
A, administrative reconsideration organ
3, the administrative organ to use or damage seized property, the party caused by the loss shall be compensated in accordance with the law, the
directly responsible supervisory personnel and other directly responsible personnel shall be given according to law. C
C, administrative sanctions
4, the party overdue to fulfill the administrative penalty decision, the administrative organ that made the administrative penalty decision may not take the measures
The measures are: A
A, the due date of non-payment of fines, the fines will be deducted directly from the account of the party.
5. Administrative penalties restricting personal freedom must be set by ( ). A
A, the law
6, administrative organs formulated in addition to administrative rules and regulations other than normative documents, in setting administrative penalties D
D, there is no right to set.
7, the administrative organ on the illegal behavior of the confiscation of the illegal income of the administrative penalty should be applied to the procedure is. c
C, the general procedure.
8, administrative law enforcement officers on the spot administrative penalty decision must be reported to the administrative organ to which it belongs.B
B, for the record.
9, the administrative organ in accordance with the law to change or withdraw the administrative license has come into effect, to the citizens, legal persons or other organizations caused property losses, the administrative organ shall, in accordance with the law.C
C, compensation.
10, the applicant for administrative licenses to conceal the relevant information or provide false materials to apply for administrative licenses, the administrative organ shall not accept or not administrative licenses, and give. B
B, warning.
11, on the administrative licensing hearing, the following statements are correct D
D, the applicant, interested parties that the hearing moderator has an interest in the administrative licensing matters, the right to apply for recusal.
12, the administrative organ commissioned by the organization of the specific administrative act is not convinced to bring an administrative lawsuit, the defendant is. a
A, commissioned by the administrative organ
13, the competent organ of the administrative compensation compensation for losses according to the law shall order ( ) to bear part or all of the cost of compensation. d
D intentional or grossly negligent staff or commissioned organizations or individuals. entrusted organization or individual.
14, does not belong to the administrative licensing matters should be held a hearing is C
C, administrative licensing involves the applicant and other people's interest in the relationship between the interested party to request a hearing.
15, the administrative reconsideration respondent shall, from the date of receipt of a copy of the application or a copy of the application transcript ( ) to the administrative reconsideration organ to submit a written response, and submit the evidence, basis and other materials that initially made a specific administrative act.C
C, within 10 days.
16. The People's Government of a certain city, on the application of Wang Mou, made an administrative reconsideration decision to revoke the wrongful registration of Wang Mou's house ownership by the municipal housing management department and ordered the municipal housing management department to re-register it within a certain period of time. The municipal housing management department did not implement the administrative reconsideration decision, and the municipal people's government must have taken the following measures. C
C. Order the municipal housing management department to implement the decision within a certain period of time.
17、In administrative litigation, the burden of proof is borne by ( ). B
B, the defendant.
18, in addition to the administrative licensing decision can be made on the spot, usually, the administrative organ shall from the date of acceptance of the application for administrative licensing ( ) to make a decision on administrative licensing. C
C, within 20 days.
19, the administrative organ applies or damage to the seized property, the loss caused to the party shall be compensated in accordance with the law, the directly responsible officer in charge and other directly responsible person shall be given in accordance with the law.C
C, administrative sanctions.
20, the following behavior does not meet the requirements of administrative enforcement procedures.D
D, the administrative organ to make a decision to enforce, that is, it shall come into effect, should be put into effect immediately.
21, administrative penalties are under the jurisdiction of the ( ) department.C
C, the local people's government at or above the county level of the place where the illegal act occurs has the right to impose administrative penalties administrative organ.
22, the administrative organ within its statutory authority, in accordance with the provisions of laws, rules and regulations, may entrust ( ) to implement administrative licensing. a
A other administrative organs.
23, the following statements about administrative licensing is correct.B
B, according to the statutory conditions and procedures, the need to verify the substance of the application materials, the administrative organ shall assign more than two staff members to verify.
24, local laws and regulations of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government set the administrative license, the following statement is wrong.A
A, can be set by having a national unified determination of the qualifications of citizenship, qualification of the administrative license.
25, the administrative organ of an enterprise before making the decision to order the suspension of administrative punishment, the following statement is incorrect.B
B, the costs associated with the holding of hearings by the administrative organ and the enterprise to share reasonably.
26The object of administrative enforcement is.C
C, the administrative body and its staff.
27, the administrative organ to collect evidence, in the case of evidence may be lost, the following options are correct.C
C, with the approval of the head of the administrative organ, the evidence can be registered and preserved first.
28, administrative cases are usually under the jurisdiction of ( ) people's courts.C
C, the location of the administrative organ that initially made the specific administrative act.
29, the setting and implementation of administrative licensing, shall be in accordance with the legal ( ). C
C, authority, scope, conditions, procedures.
30, administrative licenses need to be set up within the administrative organ of a number of agencies, the administrative organ shall determine ( ) C
C, an agency.
31, the applicant in the application for administrative reconsideration, may be ( ) together with a request for review.B
B, the county-level people's government documents.
32, a county health bureau of wang mou administrative penalty, in the pronouncement of the administrative penalty decision, wang mou is not present, the county health bureau should ( ) to wang mou to serve the administrative penalty decision. d
d, within seven days in accordance with the relevant provisions of the civil procedure law.
33, on the administrative licensing documents, the following statement is wrong.A
A, the administrative organ's supporting documents are not administrative licensing documents.
34, the provisions of administrative penalties for violations of the law must be published, unpublished, shall not be used as the basis for administrative penalties. At this point in the administrative penalty. c
C, the principle of publicity.
35, the licensee by deception, bribery and other improper means to obtain administrative licenses and the license belongs to the direct relationship between the public **** security, personal health, life and property safety matters, the applicant shall not apply again for the administrative license within ( ). c
c, 3 years
36, in general, the citizen, a legal person or other organization that the specific administrative act In general, if a citizen, legal person or other organization believes that a specific administrative act infringes upon his or her lawful rights and interests, he or she may file an application for administrative reconsideration within ( ) from the date he or she becomes aware of the specific administrative act, and the administrative reconsideration organ shall make a decision on administrative reconsideration within ( ) from the date of acceptance of the application.C
C, sixty days Sixty days
37. If the administrative reconsideration organ orders the respondent to reissue a specific administrative act, the respondent shall make a specific administrative act within the period prescribed by laws, regulations and rules. A
A, 60
38, the township people's government for each term of ( ) years, the implementation of ( ) management system.B
B, 5 county chiefs responsible system
39, provinces, autonomous regions, municipalities, autonomous prefectures, and cities with districts, where five or more members of the Standing Committee of the People's Congress are joint, and three or more members of the Standing Committee of the People's Congress at the county level are joint, may submit to the Standing Committee in writing a motion against the people's government and its departments at their respective levels, and against the people's courts and people's procuratorates ( ). d
D, questioning case
40、The Fujian Provincial Government stipulates that, as the Administrative management based on the promulgation and implementation of normative documents for ( ) years, need to continue to be implemented, should be re-published. Not included in the catalog of valid documents, normative documents shall not be used as a basis for administrative management.B
B, V.
41, the county government normative documents should be from the date of publication ( ), submitted to the standing committee of the people's congress at this level for the record, ( ) within the municipal people's government of the district for the record.B
B, thirty days Fifteen days
Three, multiple-choice questions. 20 points
1, "Comprehensively Promoting the Implementation of Administration in accordance with the Law Implementation Outline" of the requirements for the administrative law enforcement are (ABCD)
A, reasonable administration B, procedural propriety C, honesty and trustworthiness D, consistency of power and responsibility
2, the principle of openness of administrative penalties are specifically embodied in the (AC)
A, the basis for the implementation of administrative penalties must be published C, the results of the implementation of administrative penalties must be made public
3, the principle of impartiality of administrative penalties requires (ABC)
< p>A, for the same violation of the same administrative penalty should be implementedB, for different violations, should be based on the facts of each violation, the nature of the situation and the degree of social harm, within the legal range and scope of the decision to punish the severity.
C. The implementation of administrative punishment shall take into account the facts and circumstances relating to the case, and the punishment shall not be aggravated or mitigated on the basis of differences in the social status and social background of the punished person.
4, the following are indirect enforcement measures (BC)
B, with a fine C, on behalf of the mandatory labor
5, the administrative organ before making a decision on administrative penalties, the party should be informed of the (ABCD)
A, the facts of administrative penalties B, the reasons for administrative penalties C, the basis of the administrative penalties D, the rights enjoyed in accordance with the law
5, the administrative organ shall inform the party (ABCD)
A, administrative penalty B, administrative penalty reasons C, administrative penalty D, rights under the law
6, Wang did not accept the administrative decision of a District Transportation Bureau, according to law to the Municipal Bureau of Transportation to apply for administrative reconsideration, the Municipal Bureau of Transportation is not accepted without good reason, the higher administrative organs in accordance with the law to take measures (AC)
A, should be ordered to accept the Municipal Bureau of Transportation, C, if necessary, can be accepted directly
7, the following meets the requirements of the principle of statutory competence is (ABC)
A, in any case of administrative law enforcement behavior must have laws, rules or regulations clearly stipulated.
B, administrative law enforcement agencies can only carry out activities within the scope of statutory authorization, may not exceed.
C, administrative law enforcement agencies to the relative implementation of administrative acts that may adversely affect the need for statutory
8, the applicant in the application for administrative reconsideration, can be ( ) together with a request for review. (AB)
A, a municipal government regulations B, a township, township people's government regulations
9, the administrative organ in the applicant's application for administrative licensing, to make the correct treatment is. (ABCD)
A, the application does not belong to the administrative organ's terms of reference, shall immediately make a written decision of inadmissibility, and inform the applicant to the relevant administrative organs.
B. If there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot.
C. If the application materials are incomplete or do not conform to the legal form, the applicant shall be informed of all the contents that need to be corrected either on the spot or within five days at a time.
D, the application materials are incomplete or do not meet the statutory form, the administrative organ of the late notification, from the date of receipt of the application materials shall be accepted.
10, the administrative organ shall be laws, rules and regulations relating to administrative licensing ( ) and other office publicity. (ABCD)
A, matters, basis, conditions B, number, procedures, deadlines
C, the need to submit a catalog of all the materials D, the model text of the application
11, the party concerned with one of the ( ） circumstances, the implementation of administrative penalties shall be lighter or mitigated by the authorities. (ABCD)
A, take the initiative to eliminate or mitigate the harmful consequences of the illegal act
B, coerced by others to have illegal acts
C, cooperate with the administrative organ to investigate and deal with the illegal act of meritorious achievement
D, has reached the age of fourteen years of age is less than eighteen years of age have committed a violation of the law
12, the administrative organ to make the administrative penalty () Before making a decision, the administrative organ shall inform the party concerned of the right to request a hearing. (AC)
A, ordered to suspend production and business C, revocation of permits or licenses
13, the following are the reasons for the administrative organ to change or withdraw the administrative license that has come into effect according to law. (ACD)
A, the administrative license based on the laws, rules and regulations modified
C, the administrative license based on the laws, rules and regulations repealed
D, the granting of administrative licenses based on the objective circumstances of the major changes
14, the staff of the administrative organ has ( ） one of the circumstances, the administrative organ of its superiors or the supervisory organ ABCD
A, to meet the legal conditions of the administrative license application inadmissible
B, in the process of acceptance, review, decision-making administrative license, the applicant, the interested party has not fulfilled the obligation to inform the statutory
C, according to the law does not explain the reasons for not accepting the application for administrative licensing or non-administrative license
D, according to the law should be heard, but not the case
D, according to the law should be heard, but not the case
D, according to the law should be heard, but not the case. D, in accordance with the law should be heard without raising the hearing
15, administrative law enforcement personnel have ( ) one of the circumstances, the provincial people's government legal system working organs decided to cancel its administrative law enforcement qualifications, administrative law enforcement qualification certificates and administrative law enforcement documents are withdrawn. (ACD)
A, was suspended administrative law enforcement documents more than two times
C, lending administrative law enforcement documents resulting in serious consequences
D, subjected to criminal penalties
16, the administrative law enforcement personnel in the law enforcement of one of the ( ） situations, the people's governments above the county level legal system organs can suspend their administrative law enforcement documents. (ACD)
A, favoritism, abuse of power.
C, administrative law enforcement does not show the administrative law enforcement documents
D, lending administrative law enforcement documents
17, administrative reconsideration during the specific administrative act does not stop the implementation of, but one of the circumstances of ( ), you can stop the implementation. (ABC)
A, the respondent believes that the need to stop the implementation of
B, the administrative reconsideration body believes that the need to stop the implementation of
C, the applicant applies to stop the implementation of the administrative reconsideration body believes that the request is reasonable, and decides to stop the implementation of
18, one of the circumstances of the (①), the administrative reconsideration body can be in accordance with the principle of voluntary, lawful mediation. (AC)
A. Citizens, legal persons or other organizations to the administrative organ exercising the discretionary power provided by laws and regulations to make a specific administrative application for administrative reconsideration
C. Disputes between the parties to the administrative compensation or administrative compensation.
19, the standing committee of the local people's congresses at or above the county level on the lower level of the people's congresses and their standing committees to make resolutions, decisions and the people's government at this level issued decisions, orders, after reviewing the following ( ） one of the circumstances have the right to revoke. (ABC)
A. exceeding their legal authority, restricting or depriving citizens, legal persons and other organizations of their lawful rights and interests
B. increasing the obligations of citizens, legal persons and other organizations
C. contradicting the provisions of laws and regulations
20. The standing committees of people's congresses of the people's governments of the municipalities and counties that have set up districts may inspect and supervise, according to law, the implementation of laws and regulations. Implementation of inspection and supervision. The law enforcement inspection team can take ( ) and other ways to understand the real situation of the implementation of laws and regulations. (ABCD)
A. Holding symposiums B. Publicly soliciting opinions C. Individual visits D. Sampling surveys
Part II
Note: This part is a case study, the part of the test is separate from the part of the answer, so please read the text given carefully, and then answer on the answer sheet according to the questions posed by the first case and Fill in the name, pass number (2 questions, ***30 points)
The first question:
Wang Mou complained to the District Food and Drug Administration (DFDA) after he bought a fake medicine from a clinic run by Zeng Mou. Upon receiving the complaint, law enforcement officer Li immediately went to the clinic with Wang to investigate. As soon as Li arrived at the clinic, he issued a fine of 200 yuan to Zeng by the district drug supervision and management department. Zeng argued that he was unaware of the purchase of goods, but also the victim, the fine of 200 yuan on the heavy side, not willing to pay the fine. Li believed that Zeng's attitude is not correct, and reissued a fine of 300 yuan of the original ticket. After Li Mou pressure, Zeng Mou on the spot to close the ticket, the fine of 300 yuan to Li Mou. After Zengmou dissatisfied with the District Food and Drug Administration as the respondent to the City Food and Drug Administration to apply for administrative reconsideration, the City Food and Drug Administration to accept the case. Li mou for fear of insufficient evidence of administrative penalty decision was handed over to the reconsideration of revocation, so find wang mou, and wang mou made a statement, colleague to wang mou collected from zeng mou clinic to buy fake drugs and clinic issued receipts for the sale of medicines, and after the above materials will be handed over to the city food and drug administration. Zengmou dissatisfied, to the county people's court administrative litigation. During the litigation, Li thought the evidence is not sufficient, so continue to Zeng opened the clinic to extract the surveillance video, at the same time will be sent to the city drug testing center identification of fake drugs, and all provided to the court.
Q:
1, the case of law enforcement officers Li Mou Zeng implementation of administrative punishment there are what illegal circumstances? Please point out and explain the reasons.
A: (1), this case should not be applied to the summary procedure, the facts of the violation of the law, a fine of less than 50 yuan for citizens, and a fine of less than 1,000 yuan for legal persons or organizations. The fine of 200 yuan in this case does not comply with the regulations.
(2), in the process of law enforcement need more than 2 people, and show law enforcement documents, in this case only one person.
(3), did not fulfill the procedure of informing before punishment, before the administrative punishment should be informed of the parties
(4), may not be strengthened because of Zeng's attitude of 300 yuan penalty.
(5), the parties in the administrative penalty did not produce an administrative penalty decision letter, the law enforcement officers to impose administrative penalties on the spot.
(6), can not use the District Drug Administration ticket
(7), can not collect the fine on the spot
2, which types of evidence exist in this case? Please list them accordingly.
(1), witness testimony. (2), documentary evidence: receipt of payment.
(3), physical evidence: fake drugs. (4), audition information: surveillance video.
(5), making a statement to Wang. (6), the fake drugs to make identification conclusions. (7), the investigation transcript and field notes.
3, law enforcement officers Li in the collection and use of evidence in the process of what violations?
(1), after the fact evidence.
4, law enforcement officer Li Mou Wang made a statement, should be ruled on what content?
1, the party's name, age, sex, occupation, address and other basic information
2, with the party's signature, can not be signed should be proved by stamping
3, with the date
5, Zeng Mou, if dissatisfied with the right to what remedies?
(1) the party within sixty days from the date of receipt of the notice of administrative penalty to the local district people's government or the Municipal Food and Drug Administration to apply for administrative reconsideration
(2) the party can also be in the date of receipt of the notice of penalty within fifteen days directly to the people's court.
The party dissatisfied with the reconsideration decision, can be within fifteen days from the date of receipt of the reconsideration decision to the people's court; reconsideration organ overdue reconsideration decision, the party can be within fifteen days from the date of expiration of the reconsideration period to the people's court.
The second question:
A person wanted to open a snack bar in the community where he lived, and on July 1, 2007, he went to the District Industry and Commerce Bureau to apply for an individual business license. A staff member at the window of the district industrial and commercial office, B, asked A to buy an application form for the license, and A spent RMB 2 yuan to buy two application forms to fill out at home. On the next day, A brought the completed application form and relevant materials to the office window to apply for a license. The staff B a review found that A a person's application form in the applicant's birth year and month column filled in the error, asked to go back to fill in. A a person asked for on-the-spot corrections, B a person insisted that A a person to go back to fill in. A a person is afraid to fill in the error, and spent 4 yuan to buy two application forms to fill in at home. On the third day, A again with a completed application form and materials to the window, the staff C review that the first health permit to go back to make up the full application, A asked to supplement the materials, C told A to the Internet to find, July 15, 2007, A corrected application form and make up the full material to the window, the staff B looked at the materials, and thought to go to the site to verify, then in the window. After reading the materials, staff member B thought that he had to go to the site for verification, so he went to the community where A lived on July 22 to check it by himself.After reading the site, B came back to report to C and reported it to the head of the bureau for review and approval, which was not passed.On August 15, B told A by phone that his application did not meet the statutory requirements and would not be issued.
Q:
1. What are the violations of the Administrative License Law in this case? Please point out and explain each of them.
Answers:
1. A spent $2 on the application form
2. A asked for on-site corrections B was not allowed
3. C told A to go back and make up the whole thing and come back to the application
4. C told A to look it up on the Internet
5. B checked on his own in the community where A lived
6. The decision was made on Aug. 15
7, B told A Mou by phone that his application did not meet the legal requirements not to issue a license.
Rationale:
1, the administrative organ to provide a format text of the application for administrative licensing, shall not be charged
2, for can be changed on-site changes are allowed on-site change
3 and 4, repeated violation of the principle of one time to inform
5, B Mou a person to go on their own to the community to view
6, the administrative organ should be from the date of acceptance of the application for administrative licensing administrative license decision within twenty days from the date of acceptance.
7, can not be notified by phone to A a person, you need to issue a written statement, and explain the reasons and avenues of redress.
2, A if not convinced, in addition to petition and complaint, how to protect their rights and interests in accordance with the law?
1, the party to the administrative license can be not satisfied within sixty days from the date of receipt of notice to the local district people's government or the municipal administration for industry and commerce to apply for administrative reconsideration
2, the party can also be within fifteen days from the date of receipt of the notice directly to the people's court.
If the party is not satisfied with the reconsideration decision, it may sue to the People's Court within fifteen days from the date of receipt of the reconsideration decision; if the reconsideration organ fails to make a reconsideration decision after the expiration of the period of time, the party may sue the People's Court within fifteen days from the date of expiration of the period of time for reconsideration.
The third question:
A certain entertainment center was in operation before the district industrial and commercial bureau had approved the principal, and the noise was very loud due to poor sound insulation. For this reason, nearby residents in March 4, 2001 to the District Environmental Protection Bureau complaints. District Environmental Protection Bureau after investigation and evidence, and on March 7, 2001 on the entertainment center to make 100,000 yuan of fines and ordered the closure of the administrative penalty decision. Subsequently, the district industrial and commercial bureau also found that the entertainment center without approval that is the problem of business, and you April 1, 2001 sent Zhang Mou district on-site verification, ice and to the entertainment center to serve the opening of the "notice of hearing", informing it is scheduled for April 7, 2001 in the district industrial and commercial bureau to hold a hearing, and the need to pay the hearing of the 200 yuan in advance. Fees. Entertainment center owner Huang received notice, commissioned a lawyer and April 7 to attend the hearing. District industrial and commercial bureau designated Zhang presided over the hearing, Zhang that Huang should be educated, to be heard in person, the lawyer had to notify Huang by phone to participate. After the hearing, the district industrial and commercial bureau and April 10, 2001 on the entertainment center ordered to suspend business penalty decision.
Q.
1. What are the unlawful circumstances of the administrative penalty in this case?
1, the District Environmental Protection Bureau of the entertainment center issued a fine of 100,000 yuan and made the decision to order the suspension of administrative punishment
2, April 1, sent Zhang to the site to verify
3, April 7 in the hearing
4, charged 200 yuan hearing fees
5, Zhang presided over the hearing
6, Zhang believes that Huang should be educated and asked to attend the hearing in person
7, April 10, the entertainment center was ordered to suspend production and business punishment decision.
Rationale:
1, to make 100,000 yuan fine and order the suspension of production and shutdown of the administrative penalty decision need to be punished after a hearing.
2, Zhang alone went to the site to verify
3, on-site verification on April 1 and a hearing on April 7, the parties must be notified of the time and place where the hearing will be held seven days before the hearing.
4, the hearing can not charge any fees
5, Zhang can not preside over the hearing himself, need to be recused
6, the hearing can be attended by myself or by an agent
7, April 10 can not be directly on the recreation center to make a decision on administrative penalties, should be issued to achieve the notification letter of the administrative penalties before making a decision on administrative penalties.
2, if the entertainment center of the district industrial and commercial bureau of administrative punishment is not convinced, can apply for administrative reconsideration to and organ? Review organs how to deal with the case?
If the entertainment center is not satisfied with the administrative penalty decision, it can apply for administrative reconsideration to the district people's government or the Municipal Administration for Industry and Commerce.
The administrative reconsideration authority is required to make an administrative reconsideration decision within 60 days after receiving the application for reconsideration. Administrative reconsideration organ to make administrative reconsideration decision, shall make administrative reconsideration decision, and stamped. Once the administrative reconsideration decision letter is delivered, it will have legal effect