User consultation:
Is it an administrative penalty to order closure?
Lawyer Huang Qiang of Qinghai Chen Xin Law Firm replied:
"Ordered to close down" refers to the administrative punishment that the administrative organ orders the parties who violate the administrative order to stop all production and business activities according to law. Ordering closure is a heavy administrative punishment. "Ordering to close down", as a permanent and severe punishment method that completely prohibits the illegal subject from continuing to operate, is essentially a punitive measure taken by the administrative organ to violate the administrative order by damaging the rights and interests of the administrative counterpart. It can be seen that "ordering closure" fully conforms to the legal characteristics of administrative punishment.
Analysis of Lawyer Huang Qiang of Qinghai Chen Xin Law Firm;
Judging from the current national laws, this kind of punishment is mainly applicable to the situation that the administrative counterpart engages in activities that should be permitted according to law without permission, or the activities of the administrative counterpart do not meet the statutory conditions, such as:
1. Those who produce and sell drugs without obtaining the Pharmaceutical Production License, Pharmaceutical Trading License or Pharmaceutical Preparation License for Medical Institutions shall be ordered to close down, the illegally produced and sold drugs and illegal income shall be confiscated, and the illegally produced and sold drugs (including sold and unsold drugs, the same below) shall be fined between fifteen times and thirty times; If the value of the goods is less than100000 yuan, it shall be calculated as100000 yuan.
2, the production and business operation entity does not have the "production safety law" and other relevant laws, administrative regulations and national standards or industry standards, and still does not have the conditions for safe production after the suspension of production and business for rectification, to be closed; The relevant departments shall revoke their relevant licenses according to law.
Administrative punishment follows the principle of fairness and openness. The establishment and implementation of administrative punishment must be based on facts, which are equivalent to the facts, nature, circumstances and social harm of illegal acts. Provisions on administrative penalties for illegal acts must be published; Without publication, it shall not be used as the basis for administrative punishment.
To implement administrative punishment and correct illegal acts, we should adhere to the combination of punishment and education, and educate citizens, legal persons or other organizations to consciously abide by the law. Citizens, legal persons or other organizations have the right to state and defend the administrative punishment given by administrative organs; Those who refuse to accept the administrative punishment have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law. Citizens, legal persons or other organizations have the right to claim compensation according to law if they are damaged by administrative punishment given by administrative organs in violation of the law. Citizens, legal persons or other organizations that are subject to administrative punishment for illegal acts shall bear civil liability according to law if their illegal acts cause damage to others. If an illegal act constitutes a crime and criminal responsibility should be investigated according to law, administrative punishment shall not be used instead of criminal punishment.
legal ground
Article 9 of the Administrative Punishment Law stipulates that the types of administrative punishment:
(a) warning, informed criticism;
(two) fines, confiscation of illegal income and confiscation of illegal property;
(three) the license is temporarily withheld, the qualification level is lowered, and the license is revoked;
(4) Restricting production and business activities, ordering production and business suspension, ordering closure and restricting employment;
(5) Administrative detention;
(6) Other administrative penalties as prescribed by laws and administrative regulations.
Brief introduction of lawyer Huang Qiang
Lawyer Huang Qiang is good at grasping the details and considering everything in the process of handling legal affairs. We are highly responsible for every case, effectively save the cost of the parties, pay close attention to the case itself, and aim at providing accurate and professional legal services, which has been widely recognized by the society and highly praised by the parties.