Chongqing No.3 Intermediate People's Court
the administrative ruling
YuSanZhong Law Firm ZhongZi (2008) No.35
Appellant (plaintiff of first instance) Zhu Changgu.
Authorized Agent: Wang Lujun, lawyer of Chongqing Wan Yu Law Firm.
Appellee (defendant of first instance) Fuling District Public Security Bureau of Chongqing.
Legal Representative: Ma, director.
Authorized Agent: Wang Qiong, deputy director of Legal Affairs Department of Public Security Bureau of Fuling District, Chongqing.
Appellee (the third person in the first instance) Wang Shaonan (formerly known as Wang Shaonan).
Authorized Agent: Yu Jianghua, lawyer of Chongqing Jiang Run Law Firm.
The appellant Zhu Changgu v. Public Security Administrative Punishment of Chongqing Fuling District Public Security Bureau refused to accept the administrative judgment (2008)No. 12 of Fuxing Zi Chu made by Chongqing Fuling District People's Court on May 26, 2008, and appealed to our court. After accepting the case in July 65438+May 2008, our college formed a collegial panel to conduct the trial according to law, and the trial has now ended.
It was found through trial that Wang Shaonan, the person in charge of Baili Coal Mine in Fuling District, Chongqing, reported the case to the Public Security Detachment of Fuling District Public Security Bureau 1 1 on June 5, 2008. After receiving the report, Chongqing Fuling District Public Security Bureau filed a case for registration on June 65438+1October 2 1 2008 for the crime of gathering people to disturb the order of the unit; After investigation and verification, the defendant Zhu Changgu was informed of the facts, reasons and basis of the administrative penalty decision on February 14, 2008. On February 8, 2008, the Public Security Bureau of Fuling District of Chongqing made the Decision on Administrative Punishment for Public Security No.77 (2008), and determined that Zhu Changgu, the president of the Second Society of Xinli Village, Shanwo Township, Fuling District of Chongqing, organized more than 50 villagers to go to the First Society Weir in Berlin Village, Bai Tao Town on the morning of June 65438+1October 5, 2008. According to 1 (1) of Article 23 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, our bureau decided to place Zhu Changgu in administrative detention for 15 days. Zhu Changgu refused to accept the punishment decision and filed an administrative lawsuit on March 26, 2008 on the grounds that the facts of the punishment decision were unclear, the applicable law was wrong and the procedure was illegal. On April 23rd, 2008, the Public Security Bureau of Fuling District, Chongqing made a decision to cancel the administrative punishment on Zhu Changgu on the grounds that the Decision on Administrative Punishment for Public Security made by Fugong (Zhi) Zi [2008] No.77 was wrong in application of law, and decided to cancel the decision on Zhu Changgu. Zhu Changgu's unfinished five-day administrative detention will no longer be executed. Zhu Changgu did not withdraw the prosecution. The court of first instance held that during the proceedings of first instance, the defendant of first instance found that there was an error in the applicable law of the punishment decision, and voluntarily corrected and revoked the decision, which was in line with the law. Therefore, according to Item (2) of Paragraph 2 of Article 57 of the Supreme People's Court's Decision on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China, the defendant was confirmed by the Fuling District Public Security Bureau. 50 yuan, the case acceptance fee, shall be borne by the Public Security Bureau of Fuling District, Chongqing, the defendant of the first instance. Zhu Changgu appealed to our court to cancel the first-instance judgment on the grounds that the actual detention days were not confirmed in the first-instance judgment, the identity of the listed third person was unknown, and the law applied in the judgment was wrong.
The court of first instance will ......