Administrative detention is the most severe administrative punishment, which is usually applied to acts that seriously violate public security management but do not constitute a crime. Warnings and fines are not enough to punish. Therefore, the law has strict regulations on its establishment, implementation conditions and procedures.
The decision-making power of administrative detention belongs to the public security organs at or above the county level; The time limit is generally within 10 day, and the heavier one does not exceed 15 day; After the announcement of the administrative detention decision, during the application for reconsideration and administrative litigation, if the punished person and his relatives find a guarantor or pay a deposit in accordance with the regulations, they may apply to the administrative subject for suspending the execution of administrative detention. Administrative detention is different from criminal detention and judicial custody.
According to the current Law on Public Security Administration Punishment, the third item of Article 10 in Chapter II of the Law stipulates that administrative detention is a kind of public security administration punishment, which defines the nature of administrative detention, that is, a kind of public security administration punishment. Article 16 of the law stipulates: "If there are more than two acts violating the administration of public security, they shall be sentenced separately and executed jointly. If the punishment of administrative detention is combined, the maximum time shall not exceed twenty days. "
Extended data:
Administrative detention case-for example, a farm in Rudong set up a concealed pipe to discharge pig manure, and two responsible persons were administratively detained.
On March 20 16, Xu purchased Bedford Animal Husbandry Farm located in Matang Town Village 17 Group, and transformed the farm. On July 3, 20 17, he began to raise pigs.
On July 12 of the same year, when environmental law enforcement officers conducted an on-site inspection of the farm, they found that Xu's pig farm raised 1200 pigs, which failed to achieve such a large-scale dry-wet separation of pig manure.
Although a greenhouse biomass fermentation bed was built, it was not put into use, and three small manure storage tanks were far from meeting the storage requirements. The pig manure produced was pumped to the next field by the hose and water pump in the manure storage tank, and the bean seedlings in the field died because of too much dung.
For Xu's failure to build supporting pollution prevention facilities for breeding, Rudong County Environmental Protection Bureau asked Xu to immediately stop pig breeding and build supporting pollution prevention facilities. After the construction of pollution prevention facilities is completed, he can continue to breed and be fined RMB 40,000.
However, this punishment seems irrelevant to Xu Lai, who ignored the requirements of the penalty decision of the Environmental Protection Agency and continued to raise pigs. 2017165438+129 October, law enforcement officers came to the farm again and found that its fermentation bed was still not put into operation.
Xu and his partner Liu continue to pump pig manure into the field. The field has been completely covered with farmed manure, with an area of about 800 square meters and a thickness of about 30 cm. Not only that, some manure in the septic tank also flows into the farmland irrigation canal from the overflow, and flows into the Shengli River along the farmland irrigation canal. The river at the intersection of the irrigation canal and the Shengli River is dark.
Rudong County Environmental Protection Bureau punished Xu for directly discharging livestock manure waste into water and pig manure into fields, and ordered him to correct the illegal behavior, with a fine of 6,543.8 yuan+6,000 yuan.
Considering that the illegal acts of Xu and his partner Liu are persistent, and the illegal circumstances are relatively bad and the environment is seriously polluted, Rudong County Environmental Protection Bureau transferred the case to the public security organ according to the relevant provisions of the Environmental Protection Law and the Interim Measures for the Transfer of Environmental Illegal Cases Applicable to Administrative Detention by Administrative Organs, and the public security organ immediately placed Xu and his partner Liu in administrative detention1/kloc-0.
Baidu encyclopedia-administrative detention
People's Daily Online-Two responsible persons were administratively detained.