I. Single choice questions (only one correct answer)
l. Administrative penalties are under the jurisdiction of the administrative organ with the right to impose administrative penalties in the ( ) people's government of the place where the offense occurred.
A. Above the township level
B. Above the county level
C. Above the prefectural or municipal level
D. Above the provincial level
[Answer and Remarks]B, see Article 20 of the Administrative Punishment Law.
2. administrative organs and their law enforcement officers to collect fines on the spot, must be issued to the parties which specific administrative organs uniformly produced
fine receipts? ( )
A. County finance department
B. Municipal government
C. Provinces, autonomous regions, municipalities directly under the central government finance department
D. Industry and Commerce Department
[Answer and comment]C, see "Administrative Punishment Law" Article 49.
3. A resident Liu, one day will be used by the liquefied petroleum gas cylinder out of the room, ready to bottle the unused liquefied petroleum gas residual liquid pour
down. After being dissuaded, he insisted on bringing the cylinder to the public toilet to dump, dumping, Liu smoked tumor attack, so the cylinder inverted
buckle in the toilet pit to let it go, their own to the toilet outside the smoking. When Liu dangling cigarettes to go to the toilet to get the liquefied petroleum gas cylinder, caused by the overflow
body fire, fire out of the toilet, burned houses and other things, worth about 15 million yuan, Liu himself was burned. According to the case, the public security organs
should be handled as follows. ( )
A. only order Liu to compensate for the economic losses caused by the fire
B. only Liu detained for 10 days, a fine of 100 yuan
C. not only should Liu detained for 10 days, a fine of 100 yuan, should also be ordered to compensate for the economic losses caused by the fire
D. will be the case of the end of the investigation and transfer to the procuratorate, the procuratorial organs to the people's court. The people's court to bring a public prosecution
[Answer and comments]D, see article 7 of the Administrative Punishment Law, article 22. In this case, Liu's behavior constitutes a criminal negligence,
The case should be transferred to the judicial organs, according to the law to investigate criminal responsibility and civil liability.
4. The parties in ( ), the need to postpone or installment payment of fines, by the parties to the application and approval of the administrative organ, can
suspend or installment payment.
A. No bank deposits
B. There are economic difficulties
C. The party went out of business
D. The party believes that the administrative penalty is unlawful
[Answer and comment]B, see Article 52 of the Administrative Penalty Law.
5. Administrative penalties are under the jurisdiction of ( ) the administrative organs of the local people's governments at or above the county level that have the power to impose administrative penalties.
A. The place of violation
B. The place of violation
C. The place of administrative act
D. The place where the regulation-making organ is located
[Answer and comment]B, see Article 20 of the Administrative Punishment Law.
6. The administrative organ in accordance with the provisions of ( ), may, within its statutory authority, entrust the implementation of administrative penalties to an organization that meets the conditions set out in Article 19 of the Administrative Penalties Law
.
A. Laws, regulations or rules
B. Normative documents
C. Specific administrative acts
D. Normative documents under the rules and regulations
[Answer and comment]A, see Article 18 of the Administrative Punishment Law.
7. Administrative organs in accordance with the provisions of laws, regulations or rules, can be entrusted within its statutory authority to meet the legal conditions of the organization
implementation of administrative penalties, the nature of the organization is ( ).
A. Business organizations with the function of managing public **** affairs
B. Administrative organs
C. Social intermediaries
D. Business organizations
[Answer and comment]A, see Article 19 of the Administrative Punishment Law.
8. The scope of local government regulations can set administrative penalties is ( ).
A. warning or a certain number of fines administrative penalties
B. All types of administrative penalties
C. Suspension of licenses
D. Suspension of business licenses
[Answer and comment]A, see Article 13 of the Administrative Penalties Law.
9. Hearing procedures shall be held in public, but ( ).
A. involving state secrets, commercial secrets or personal privacy except
B. except the application of the presiding officer
C. except when the audience is very small
D. except when the audience is too large
[Answer and comment]A, see Article 42 of the Administrative Punishments Law.
l0.Citizens, legal persons or other organizations who have suffered damages as a result of administrative punishment given by administrative organs in violation of the law shall have the right to claim compensation in accordance with the law
This is the content of ( ) in the Basic Principles of the Law on Administrative Punishment.
A. The principle of rights protection
B. The principle of publicity
C. The principle of administrative penalty law
D. The principle of combining punishment and education
[Answer and comment]A, see Article 6 of the Administrative Penalty Law. BCD See Article 4, Article 3, Article 5.
11. Citizens, legal persons or other organizations are subject to administrative penalties for violations of the law, their violations of the law caused damage to others, they should be
bear ( ) in accordance with the law.
A. Civil liability
B. Criminal liability
C. Legal liability
D. Disciplinary liability
[Answer and Notes]A, see Article 7 of the Administrative Punishment Law.
12. Farmer Jiang Mou self-financed a small shoe factory, due to the lack of sewage treatment facilities, shoe factory sewage out of the
flow at will, seriously polluting a nearby creek, in this regard, the people on both sides of the river reflected strongly, have asked the township government to take measures to
to fine or order the closure of production and shutdown of the shoe factory of this behavior is entitled to impose a fine on the administrative organ is ( ). The administrative organ that has the right to impose a fine on the shoe factory is ( ).
A. Township People's Government
B. County Administration for Industry and Commerce
C. Township Police Station
D. County Environmental Protection Bureau
[Answer and Comments]D, see Article 15 of the Administrative Penalty Law, and Article 38 of the Environmental Protection Law, which states that administrative penalties shall be imposed by the administrative organ with the power to impose administrative penalties within the scope of its statutory authority. within the scope of its authority. The county environmental protection bureau, as the main
administrative department for environmental protection of the people's government at the county level, has the right to impose a fine on the paper mill according to Article 38 of the Environmental Protection Law.
13. The State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government authorized by the State Council may decide that an administrative organ shall exercise the right to impose administrative penalties on
the administrative organ concerned, but the right to impose administrative penalties restricting personal freedom may only be exercised by ( ).
A. Procuratorial organs
B. Public security organs
C. The people's government itself
D. Trial organs
[Answer and comment]B, see Article 16 of the Administrative Punishment Law.
14. Administrative penalties in the process of enforcement, law enforcement officers on the spot collection of fines, should be from the date of collection of fines ( ), to the
administrative organs; in the water on the spot collection of fines, should be from the date of arrival on the shore of the ( ) to the administrative organs: the administrative organs should be in
( ) within the fine paid only to the bank.
A. two days, three days, three days
B. two days, two days, two days
C. three days, three days, five days
D. three days, five days, five days
[Answer and comment]B, see Article 50 of the Administrative Punishments Law.
15. Administrative organs before making a decision on administrative penalties, there ( ).
A. Obligation to inform
B. No obligation to inform
C. The right to search
D. The right to inspect the person
[Answer and comment]A, see Article 31 of the Administrative Punishment Law.
16. parties overdue to fulfill the decision on administrative penalties, the decision-making authority to make administrative, the decision-making authority may, in accordance with ( ) will be seized, seized
property; or frozen deposits will be allocated against the payment of fines.
A. Constitution
B. Laws
C. Statutes
D. Regulations
[Answer and Notes]B, see Article 51 (ii) of the Administrative Punishment Law.
17. The provisions of the behavioral and political penalties for violations must be published, which is the basic principle of administrative penalties ( ) principle.
A. fair and open
B. Administrative Punishment Law
C. Combination of punishment and education
D. Remedies in accordance with the law
[Answer and Notes]A, see Article 4 of the Administrative Punishment Law.
Second, multiple choice questions (there are two or more correct answers, multiple or fewer choices are not scored)
1. Guangming Supply and Marketing Society in March 1988, from a county agricultural trading company bought 40 tons of affordable fertilizers, and then unauthorized price increases
sold. The price per ton varied from 900 to 1,000 yuan, **** more than 14,000 yuan profit. The county industrial and commercial administration inspection after investigation that
Yuan Ming Supply and Marketing Association to raise the price of fertilizer sales, in violation of the provincial government formulated the "Interim Regulations on Administrative Punishments for Speculation,"
has constituted speculation. So on April 25 of the same year to make a penalty decision: confiscated Guangming Supply and Marketing Society to raise the price of selling fertilizers all the non-
lawful income of 14,000 yuan,*** imposed a fine of 2,000 yuan, in this case, and the "Administrative Penalties Law" contradicts
( ).
A. There is no contradiction
B. The county industrial and commercial administration inspection office is not a first-level administrative organ, does not have the subject qualification of administrative punishment
C. Provincial government regulations can not set the confiscation of illegal income administrative punishment
D. Provincial government regulations can not set the fine of the administrative punishment in any case
[Answer and Note]BC, see Article 15 and Article 13 of the Administrative Punishment Law.
2. A restaurant in a city was found to have failed to sterilize tableware used in the kitchen and to have failed to separate raw food from cooked food in the refrigerator when it was inspected by a district sanitary and epidemiological station, and was suspended for one day and fined 200 yuan. The manager of the restaurant later learned of the incident and filed a lawsuit with the People's Court, requesting verification of the facts of the case and revocation of the penalty decision in accordance with the law. The People's Court investigated and learned that the district health quarantine station in the inspection,
punishment, there is no on-site record, no witnesses present to sign the penalty, the only evidence of punishment is the duty officer's signature on the notice of punishment,
The court investigated the waiter, the chef, who was present at the time, they denied the fact that the station found that the prevention of epidemic prevention. The court therefore reversed the decision to penalize the station. The following statements about the case is correct ( )
A. The restaurant waiters, masters can be witnesses
B. Punishment of the scene records, witnesses signatures are not legal punishment procedures, can not be used as a reason to revoke the punishment
C. Epidemic prevention station is not a state administrative organs, the plaintiff should be the health bureau of the station as the defendant sued
D. The People's Court revoked the decision to punish the vaccination station, the court found the facts. The people's court to revoke the epidemic prevention station punishment decision of the legal grounds should be punishment in violation of the legal procedures
[Answer and comments]AD, see the Administrative Punishment Law, Article 31, Article 54, Article 3 of the Administrative Punishment Law.
3. China's Administrative Penalty Law provides that if the party concerned fails to fulfill the administrative penalty decision after the expiration of the period, the administrative organ that makes the administrative penalty decision may
take the following measures ( )
A. Apply to the People's Court for compulsory execution
B. In accordance with the provisions of the law, the seized and detained property will be put up for auction, or the frozen deposits will be allocated to cover the fine
C. Notify the unit of the party concerned of the measures taken by the administrative organ to implement the administrative penalty decision. > C. notify the parties to assist in the fulfillment of the unit
D. failure to pay the fine by the due date, the fine shall be imposed at a rate of 3% of the amount of the fine per day
[Answer and comment]ABD, see Article 51 of the Administrative Punishment Law.
4. The parties have the right to refuse punishment and the right to report the case of which? ( )
A. The administrative organ to punish the party does not use the fine bill
B. The administrative organ to punish the party does not use the confiscation of property bill
C. The administrative organ to use the non-statutory departments of the fine bill
D. The administrative organ to use the confiscation of property bill issued by a non-statutory department
[Answer and comment ABCD, see Article 56 of the Administrative Punishment Law.
5. According to the provisions of the Administrative Punishment Law, the types of administrative punishment are: ( ).
A. Warning
B. Fines
C. Confiscation of illegal proceeds, confiscation of illegal property
D. Ordering the suspension of production
[Answer and comment]ABCD, see Article 8 of the Administrative Punishment Law.
6. In the process of administrative punishment, the parties enjoy the right to ( ).
A. To make statements and pleadings
B. To be informed of the facts, reasons and basis for the decision to impose a penalty
C. To apply for reconsideration of the penalty decision or file a lawsuit
D. To apply for the hearing moderator to be recused
[Answer and comment]ABCD, see Administrative Punishment Law, Article 31, 32, 37. Paragraph 3, Article 11 of the Administrative Litigation
Law
7. In the general procedure for administrative penalties, administrative law enforcement officers may carry out inspections, the requirements of the inspection procedure are ( ).
A. Law enforcement officers shall not be less than three people
B. Law enforcement officers shall first show their documents to prove their identity
C. A transcript shall be made
D. The inspection must be carried out in public
[Answer and comment]BC, see Article 37, paragraph 1 of the Administrative Punishment Law.
8. The organs that can decide an administrative organ to exercise the power of administrative punishment of the administrative organ concerned are ( ), but the power of administrative punishment for restricting personal freedom
can only be exercised by the public security organs.
A. The State Council
B. Provincial people's governments authorized by the State Council
C. People's governments of autonomous regions authorized by the State Council
D. People's governments of municipalities directly under the Central Government authorized by the State Council
[Answer and Comment]ABCD, see Article 16 of the Administrative Punishment Law.
9. China's "Administrative Punishment Law" provides that law enforcement officers can collect fines on the spot, but to comply with the provisions of the following ( ) belongs to the scope of this
.
A. an administrative organ of citizen A imposed a fine of 30 yuan
B. an administrative organ of citizen B imposed a fine of 15 yuan
C. citizen C is a long-distance bus driver, an administrative organ of his punishment immediately after leaving the place of the offense
D. the administrative organ that it is difficult to enforce afterward without on-the-spot collection
[Answer and comment]. BCD, see Article 47 of the Administrative Punishment Law.
10. The public security organs can exercise the right of administrative punishment refers to ( ).
A. Restriction of personal freedom of administrative punishment
B. Fines
C. Suspension of enterprise business license
D. Warning
[Answer and comment] ABD, see Article 16 of the Administrative Punishment Law.
11. If the person concerned fails to fulfill the administrative penalty decision after the deadline, the administrative organ that makes the administrative penalty decision can take the following measures
( ).
A. Auction of seized and detained property
B. Daily fine of 5% of the amount of the fine
C. Freezing of deposits against the payment of fines
D. Apply to the People's Court for compulsory execution
[Answer and comment]ACD, see Article 51 of the Administrative Punishments Law.
12. The legislative purpose of the Administrative Punishment Law is ( ).
A. To regulate the setting and implementation of administrative penalties
B. To safeguard and supervise the effective implementation of administrative management by the administrative organs
C. To safeguard the interests of the public **** and the social order
D. Protect the lawful rights and interests of the citizens, legal persons or other organizations
[Answer and comment]ABCD, see Article 1 of the Administrative Penalties Law.
l3. Organizations entrusted with the implementation of administrative penalties must meet the following conditions
A. legally established business organizations for the management of public ****affairs
B. staff familiar with the relevant laws, rules, regulations and business
C. where technical inspection or technical signing is required for violations of the law, they should be in a position to organize the appropriate Technical inspection or
the technical signing
D. The entrusted organization must be above the county level
[Answer and comment]ABC, see Article 19 of the Administrative Punishment Law.
14. administrative organs of the general procedure to make administrative penalty decision shall be reported to contain ( )
A. the name or name and address of the party
B. violation of laws, regulations or rules of the facts and evidence
C. the type of administrative penalties and the basis for the administrative penalties
D. other statutory content
[Answer and comment] ABCD, see the Law on Administrative Penalties, Article 19. ABCD, see Article 39 of the Administrative Punishment Law.
15. February 4, a year, the temporary timber business individual Ma Sihai (with a temporary business license) from abroad to buy a batch of timber into the Ma
Yuan market ready to sell. The market tax office assistant collector Wang Sheng to the market tax, in accordance with the usual practice, the wood purchased by Ma made an estimate
value of 800 yuan, according to the tax rate should be collected 77.04 yuan turnover. Ma paid 34.24 yuan, still owed 42.80 yuan, the day around four o'clock in the afternoon,
Wang Sheng about the cadres Li Fei, the collection of taxes owed by the horse, the two first to the restaurant to drink, just the horse out of the four seas in the restaurant to drink, the king himself
Himself to the front to let the horse to pay the tax, the horse said that he had not finished the sale of wood, and so on to pay, the king insisted that the collection of on the spot. Ma said, because Wang had
borrowed 500 yuan from him and did not lend it to him, so he came to take revenge today. Wang heard the anger, dragged the horse's clothes to the reasoning, and was pulled
away, both sides to the tax bureau director's office to state the reasons. February 5, Ma Sihai himself to the tax office to pay 42.80 yuan
taxes. February 6, the county tax bureau held a meeting of some individual households, Ma Sihai at the meeting to make a check, admitted that he
not
the right, the county tax bureau concerned, the tax bureau to pay 42.80 yuan
tax. On February 10, Ma still did not pay the fine,
market tax office that sent people to Ma's home, take away Ma's 14-inch Gold Star color TV and seized it. On February 12, Ma paid the
200 yuan fine, as well as the required 18 yuan late fee.
On the 15th, Ma filed a request for reconsideration with the Taxation Bureau of the Regional Administrative Office. The administrative
Department of Taxation unilaterally summoned Ma Sihai to mediate with Ma. Ma accepted the mediation, but found that the returned color TV was malfunctioning and almost
unusable. Please according to the case and administrative penalty law, the entire administrative law enforcement process in the content and procedure of which errors.
( )
A. The county tax bureau's administrative penalty decision was announced orally without a decision letter
B. The county tax bureau was not the proper subject to revoke Ma's temporary business license
C. The county tax bureau did not inform Ma of his right to reconsideration and litigation
D. The late payment penalty was inappropriately named and exceeded the statutory percentage
The county tax bureau's decision to revoke the temporary business license was not in accordance with the law. E. The reviewing tax authority violated the decision that "mediation is not applicable to cases heard by the reviewing authority"
[Answer and comment]ABCDE, see Article 39, Article 15, Article 11, Article 31, Article 51
of the Administrative Penalty Law, and Article 8 of the Regulations on Administrative Reconsideration. According to article 51 of the Administrative Punishment Law, the percentage of the fine to be paid is 3%.
16. A provincial people's government in order to change the situation in the processing of agricultural products can not be relied upon, and effectively strengthen the processing of agricultural products
management, formulated and adopted the "processing of agricultural products should pay attention to the notice", the notice can be set by the type of administrative penalties
including ( ).
A. warning
B. a certain number of fines
C. revocation of the processing license
D. administrative detention
[Answer and comment]AB, see the Administrative Punishment Law, Article 13, the provincial people's government regulations can only set a warning and a
a certain number of fines of administrative punishment.
17. The law has made provisions for administrative penalties for violations of the law, administrative regulations need to make a specific reality, must be stipulated in the law within a
specific scope ().
A. The act of giving administrative penalties
B. Types of administrative penalties
C. Magnitude of administrative penalties
D. Procedures for administrative penalties
[Answer and comment]ABC, see "Administrative Penalties Law" Article 10.
18. The types of administrative penalties that can be set by the directly under the State Council's authorized agencies with the power to impose administrative penalties are:( ).
A. Warning
B. Or a certain amount of fine
C. Re-education through labor
D. Admission for examination
[Answer and comment]AB, see Article 12 of the Administrative Punishment Law.
Three, any multiple-choice questions (there are 1-4 correct answers, multiple or fewer choices are not scored)
1. Wang Mou in a certain year, a certain month, a certain day after work at noon to invite colleagues An Mou, Zhang Mou in a restaurant for dinner. Because Anmou drinking
excessive talk about work problems, and Wangmou dispute, Zhangmou out of the persuasion, in the persuasion of Anmou in a verbal altercation, and then
hands to push the fight. It happens to be the local public security director in the neighboring dinner, so the public security director on the spot that Wang Mou, An Mou, Zhang Mou's behavior disturbed
disturbed the business order of the hotel, violated the "Public Security Administration Punishment Ordinance", decided to give Wang Mou, An Mou, Zhang Mou, etc., fined
the punishment of 100 yuan, the director of the Public Security Bureau collected a ***300 yuan fine, told them to go out to make a noise and do not influence The public security director, after collecting the ***300 yuan fine, told them to go out and make noise and not to affect the appetite of others, and so
continued to drink. In this case, the public security director's decision to punish them violated the Administrative Punishment Law in the following ways. ( )
A. Before making the penalty decision, did not inform the party of the facts, reasons and basis of the penalty, did not inform the party of the rights that should be
B. Did not show the law enforcement identity documents, did not fill out and deliver on the spot the decision on administrative penalties
C. Did not issue a uniformly issued receipts for fines
D. Not Should be collected on the spot more than 50 yuan of fines
E. Did not order the parties to correct the illegal behavior
[Answer and Notes]ABCDE, see the Administrative Punishment Law, Article 31, Article 33, Article 34, Article 49, Article 23
.
2. China's Administrative Penalty Law provides that administrative penalty decisions can be made on the spot, the fine limit is ( ).
A. Citizens with less than 100 yuan, a legal person or other organization with less than 2,000 yuan
B. Citizens with less than 50 yuan, a legal person or other organization with less than 1,000 yang
C. Citizens with less than 100 yuan, a legal person or other organization with less than 100 yuan
D. Citizens with D. A fine of less than 50 yuan for citizens and less than 2,000 yuan for legal persons or other organizations
[Answer and comment]B, see Article 33 of the Administrative Punishment Law.
3. On the commissioned organization, the following statement is incorrect ( ).
A. The entrusted administrative organ shall be responsible for supervising the commissioned organization's implementation of administrative penalties and shall bear the legal responsibility for the consequences of the act
B. The commissioned organization must be a legally-established business organization for the management of public *** affairs
C. The commissioned organization must have staff who are familiar with the relevant laws, rules and regulations, regulations and operations
D. The commissioned organization must have staff who are familiar with the relevant laws, rules and regulations, and business Staff
D. The entrusted organization, within the scope of the entrustment, in the name of the entrusted administrative organ to implement administrative penalties, if necessary, can be entrusted to other
organizations and individuals to implement administrative penalties.
[Answer and comment]D, the entrusted organization, within the scope of the entrustment, in the name of the entrusted administrative organ to implement administrative penalties, may not be entrusted to
any other organization or individual to implement administrative penalties. See Article 18, paragraph 3 of the Administrative Punishment Law.
4. Can be applied to administrative penalties of summary procedures must also meet the conditions ( ).
A. The facts of the violation of the law are conclusive, and there is a legal basis
B. Citizens are subject to a fine of less than 50 yuan, and legal persons or other organizations are subject to a fine of less than 1,000 yuan, or a warning
C. Citizens are subject to a fine of less than 100 yuan, and legal persons or other organizations are subject to a fine of less than 1,000 yuan, or a warning
D. There is no need to listen to the statement and defense of the parties
[The Law on Administrative Penalties] Article 18(3) of the Law of the People's Republic of China. p>
[Answer and comment]AB, see Article 33 of the Administrative Punishment Law. Note that, regardless of the procedure for deciding on administrative penalties, the administrative organ must fully take the views of the parties, see Article 32.
5. A city is approved by the State Council of the larger cities, the Standing Committee of the Municipal People's Congress in order to effectively manage the foreign population,
Specifically formulated a "× × × × city of the foreign population management of the Interim Provisions", the Interim Provisions of the administrative penalties should not be included in the kind of
classes are ( ).
A. Warning
B. Fines
C. Administrative detention
D. Confiscation of illegal income, confiscation of illegal property
[Answer and Notes]C, see Article 11 of the Administrative Punishment Law.
6. The rules for delegating the implementation of administrative penalties are ( ).
A. In accordance with the provisions of laws, regulations or rules
B. The entrusted organization must meet the conditions stipulated in the Law on Administrative Penalties
C. The entrusted administrative organ shall be responsible for the supervision of the entrusted organization's implementation of administrative penalties
D. The entrusted organization shall implement the administrative penalties within the scope of the entrustment, in the name of the entrusted administrative organ
[Answer and comment]ABCD, see Article 18 of the Administrative Punishment Law.
7. In July of a year, Wang Mou due to family housing difficulties, after obtaining the consent of the Street Residents Committee, that is, in a street by the roadside construction of a total
area of 32 square meters of housing 2, and after the completion of the move into the residence. A district planning section through the public reflection found that this problem,
with the officers sent to the scene to understand the verification of the situation, during the dispute with Wang. In September of the same year, the district planning section in its own name, in accordance with a
city "urban construction planning regulations" of the local regulations, the king made a deadline, 15 days to remove the unauthorized building of the notice, at the same time
law imposed a fine of 300 yuan. According to the above situation, the following statement is correct ( ).
A. A city "urban construction planning regulations" because of the law permits the establishment of administrative penalties beyond the type of power, and therefore is invalid
B. A district planning section does not have the power to make a specific administrative act in its own name
C. According to the case of the penalized person's illegal behavior, the administrative penalty, from the point of view of the administrative penalty decided to make itself < /p>
Correct
D. A district planning section should submit the fine to the People's Court
[Answer and Commentary]C, see Article 11 and Article 46 of the Administrative Punishment Law. According to the provisions of article 11, a city local law
Regulations have the right to set a deadline of 15 days to remove illegal structures and fines administrative penalties, a district planning section as the people's government of the Su district of urban construction
Set up the planning department, also has the right to exercise the right to set administrative penalties in accordance with the local regulations. Another according to article 46, the administrative organ of the decision to make
fines and the collection of fines should be separated, the parties to receive the decision on administrative penalties within 15 days from the date of
to the designated bank to pay the fine by the bank directly to the state treasury, rather than by the administrative organ to the court, so the question of the options
Only C is correct.
8. As the administrative punishment of the jurisdictional organ must have the conditions ( ).
A. The administrative organ of the people's government at or above the township level that has the power to impose penalties
B. The administrative organ of the place where the illegal act occurred
C. The administrative organ of the local people's government at or above the county level that has the power to impose administrative penalties
D. The administrative organ of the people's government at or above the provincial level that has the power to impose administrative penalties
[Answer and comment]BC,see Article 20 of the Administrative Punishment Law.
9. A city of Friendship Pharmaceutical Mall and other 14 pharmaceutical distribution enterprises, from the city purchased a batch of labeled Shanghai Traditional Chinese Medicine Factory production of "Shanghai
medicine" brand six god pill for wholesale and retail. Shanghai Traditional Chinese Medicine Factory found that the main ingredients of the drug were not the same as those of the factory's products,
so the complaint was lodged with a municipal industrial and commercial bureau. A city industrial and commercial bureau found that the complaint is true, in order to infringe the Shanghai Traditional Chinese Medicine Factory's "on the medicine" six god pill
trademark right, ordered 14 companies to return the product, and the friendship of the herbal shopping malls fined RMB 4,000 yuan. In the legal period,
Youyi medicinal materials shopping mall has neither applied for reconsideration or to the people's court, nor fulfill their obligations. A city industrial and commercial bureau can apply to ( )
apply for enforcement.
A. Public security organs
B. People's Court
C. Municipal People's Government
D. Friendship herbal shopping mall's bank account
[Answer and Notes]B, see Administrative Procedure Law, Article 66, "in the Punishment Law," Article 51.
10. On the hearing process, the following statements are correct ( ).
A. Hearing costs borne by the parties and the administrative organ *** together
B. The parties believe that the hearing moderator has a direct interest in the case, the right to apply for disqualification
C. The administrative organ shall be held three days prior to the hearing, notify the parties to the time and place of the hearing
D. The parties may appoint an agent to participate in the hearing
[Answer>
10. >
[Answer and comment]BD, see Article 42 of the Administrative Punishment Law.
Old Goat 2005-9-4 06:43
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11.The scope of the hearing process is ( ).
A. Ordering the suspension of production and business, revocation of licenses or permits, larger fines and other administrative penalties
B. Warning
C. Administrative detention
D. Re-education through labor
[Answer in the notes]A, see Article 42 of the Administrative Penalties Law.
12. The administrative organ investigation is finalized, the person in charge may make the following administrative penalty decision ( ).
A. There are indeed punishable offenses, according to the severity of the circumstances and the specific circumstances of the administrative penalty decision
B. Violations of the law is minor, according to the law can not be administrative penalties, not administrative penalties
C. The facts of the violation can not be established, shall not be given administrative penalties
D. Violations of the law has constituted a crime, the transfer of the judicial organs
[
[The law of administrative organs]. /p>
[Answer and comment]ABCD, see Article 38 of the Administrative Punishment Law.
13. A town supply and marketing center was investigated by the county industrial and commercial bureau for distributing counterfeit pesticides, and all the remaining counterfeit pesticides were confiscated and sold, and fined
10,000 yuan, which the supply and marketing center refused to accept, and requested the People's Court to revoke the decision of the industrial and commercial bureau of the main punishment, return the sales revenue as well as the 5,000 yuan of the fine paid by the bureau, and compensate for the economic losses. According to the above situation to determine the following said ( ).
A. The Commerce and Industry Bureau should return the 5,000 yuan fine
B. The Commerce and Industry Bureau should return the 5,000 yuan fine and return the confiscated income of the supply and marketing agency
C. The supply and marketing agency should make up for the unpaid fine of 5,000 yuan
D. The Commerce and Industry Bureau is not required to refund the fine and return the income of the supply and marketing agency does not have to make up for the fine
[Answers and comments ]C, see Article 44 of the Administrative Punishment Law.
14. directly responsible for the competent person and other directly responsible persons in accordance with the law to give administrative sanctions are ( ).
A. The administrative organ does not meet the legal circumstances to collect the fine on its own
B. The financial department to return the fine to the administrative organ or auction money
C. The administrative organ to punish the parties do not use fines, confiscation of property documents or the use of non-statutory department issued fines
, confiscation of property documents
D. The administrative organ will be fined, confiscated the illegal proceeds of the law
D. The administrative organ will be fined, confiscated the illegal proceeds of the law
D. The administrative organ will be punished by the administrative organ. D.Where an administrative organ retains, privatizes or disguises the proceeds of the fine, confiscated property or property in violation of the law
[Answer and Commentary]ABCD, see Articles 56, 57 and 58 of the Administrative Punishment Law.
15. In the summary procedure, law enforcement officers on the spot administrative penalty decision, must ( ).
A. reported to a higher administrative organ for the record
B. reported to a higher administrative organ for approval
C. reported to the administrative organ for the record
D. Reported to the administrative organ for approval
[Answer and comment]C, see Article 34, paragraph 3 of the Administrative Punishment Law.
16. Not administrative penalties are ( ).
A. people under the age of 14 have violated the law
B. mentally ill people in the inability to recognize or control their own behavior to commit illegal acts
C. violation of minor and timely correction, did not cause harmful consequences
D. the parties to the admission of the violation of the law
[Answer and comment]ABC, see the Administrative Punishment Law, Article 25, Article 26, Article 27, paragraph 2.
17. A county transportation department in the rectification of motor vehicle management activities can be used as a basis for administrative punishment include ( ).
A. the county transportation department formulated regulations on the use of motor vehicles
B. the county people's government formulated regulations on the management of motor vehicles penalties
C. the Standing Committee of the County People's Congress formulated regulations on the management of motor vehicles
D. approved by the provincial people's government of the provincial Department of Transportation formulated regulations on the management of motor vehicles
[Article 2, paragraph 2 of Article 2 of the Constitution
17.A county transportation department in the rectification of motor vehicle management activities can be used as a basis for the imposition of administrative penalties include ( ). /p>
[Answer and comment]D, see Article 13 of the Administrative Punishment Law. According to this article, only the people's governments of provinces, autonomous regions and municipalities directly under the central government and the people's governments of municipalities where the people's governments of provinces and autonomous regions are located, as well as the people's governments of larger municipalities approved by the State Council, have the right to
formulate regulations as the basis for administrative penalties.
Four, case study
[Case]1
A city of a limited liability company is a major production of brass valves, sanitary equipment and other products, its brass casting
process in the production of mouth pungent odor gas emissions, the surrounding residents of life and health were seriously affected, they strongly
requested that The environmental protection department ordered the workshop to move away. City and district people's congress and the Chinese People's Political Consultative Conference (CPPCC) members of many people also several times to put forward a motion, reflecting the same
similar situation and requirements. A city environmental protection bureau accordingly to the company's implementation of environmental protection supervision, the company also said to take treatment measures, but
has not been seen in action, the public reaction is still very strong, therefore, the city environmental protection bureau on March 2, formed a Zhao, Zhang as a
vice head of the investigation team to carry out thorough and detailed investigations and testing, confirmed that the company's production workshop emissions of malodorous gas pollution of the environment
environmental facts. p>
Facts of the environment, that the company violated the law on environmental protection. Environmental Protection Bureau in accordance with the relevant provisions and the facts to be made
The company fined 50,000 yuan, ordered to stop production and business