Admonition: teaching and admonition. It also refers to the people's court criticizing and educating those who violate court rules and ordering them to make corrections so that they cannot commit the crime again.
China’s public security organs and courts have criticized and educated some criminals. If a reprimand is required, if the crime is minor and the person is exempted from criminal punishment, if the civil case is subject to civil liability, a participant in the civil litigation or others who obstruct the civil proceedings shall be reprimanded by the court; if a person under the age of fourteen violates public security management, the court shall The public security organs will issue a reprimand.
Education and admonishment
(1) Teaching and warning. (2) As the lightest punishment, the People's Court shall publicly criticize and educate criminals in the name of the state.
What does admonition mean?
Admonishment
New words
Basic interpretation and detailed interpretation 1. To be scolded, reprimanded or attacked
2. To preach or preach dogmatically
To warn and advise people to be vigilant. Mainly refers to a kind of advice to people. Precepts #jiè interpretation warning; advice: admonishment | exhortation | discipline.
What does the lawyer’s warning mean?
Admonishment: refers to the people's court criticizing and educating perpetrators who violate court rules and ordering them to make corrections so that they cannot commit the crime again.
Is it a public security punishment for the police to educate and admonish him in accordance with the law?
According to the Public Security Management Punishment Law
Article 10, the types of public security management penalties are divided into:
(1) Warning;
( 2) Fine;
(3) Administrative detention;
(4) Revocation of the license issued by the public security organ.
Foreigners who violate public security management may apply to leave the country within a time limit or be deported.
Article 96: When the public security organ makes a decision on public security management punishment, it shall prepare a public security management penalty decision letter. The decision shall state the following contents:
(1) The name, gender, age, name and number of the identity document, and address of the person punished;
(2) The facts of the violation and Evidence;
(3) Types and basis of punishment;
(4) Method and period of execution of punishment;
(5) Application for administrative application for punishment decision The channels and time limits for reconsideration and filing of administrative litigation;
(6) The name of the public security agency that made the decision on punishment and the date of the decision.
The decision letter shall be stamped by the public security organ that made the decision on punishment.
Therefore, educational admonishment does not belong to public security punishment; another simple way to judge is whether the public security organ has issued a public security management penalty decision to the person being punished.
What does admonition mean?
(1) Being reprimanded, reprimanded or attacked.
(2) Preaching or dogmatic preaching
The legal term for exhortation
Admonishment is a lighter form of coercion. It means that the people's court criticizes and educates people who have slightly obstructed civil proceedings and orders them to make corrections so that they cannot commit the same again. According to Article 101 of the Civil Procedure Code, the object of admonishment is a person who violates court rules. Court rules are the discipline and order that all participants and others should abide by when the court is in session. They are the guarantee for the conduct of the trial. Court rules are announced by the clerk at the hearing. The judge can directly take coercive measures of reprimand against those who violate court rules, and record the case in a record signed or sealed by the person being reprimanded. For minor criminals who do not need to be sentenced, the People's Court publicly condemns them in court as an educational method. The object of reprimand is the same as compensation for losses, but the content of the punishment has its own particularities. The Supreme People's Court pointed out in the "Reply on Reprimands" dated 1964 65438 + October 18 that the People's Court should reprimand criminals who do not need to be sentenced but should be sentenced verbally. Oral admonishment should be based on the specific circumstances of the case. On the one hand, it should seriously point out the criminal's illegal and criminal behavior, analyze its harmfulness, and order him to work hard to correct himself and not commit the same crime again in the future. On the other hand, it should also make it clear that the defendant's criminal behavior is still minor. No criminal penalty may be imposed. The response provides a binding and clear explanation of the content and delivery of the sermon. It is not only a summary of judicial practice, but also a recognition of specific judicial practice practices.
Practice has shown that admonishment, as a non-punishment method, is suitable for criminals whose circumstances are minor and does not require punishment. It can play a role in reform and education, thereby preventing and reducing crime. 1. Although the offender's behavior has constituted a crime, due to the minor nature of the crime, there is no need to impose a penalty. It cannot be applied if it is subject to criminal punishment or does not constitute a crime. This is different from the situation stipulated in Article 13 of this Law, where the circumstances are obviously minor and the harm is not great, so it is not considered a crime. 2. Although no criminal punishment is required, criminal punishment can be waived, but it can be handled appropriately according to the different circumstances of the case. What the article stipulates is that it is possible, that is, exemption from criminal punishment, and other treatment is not always given. Whether to give other treatment, the so-called exemption from criminal punishment means that the people's court determines that a certain behavior constitutes a crime, but is exempted from punishment because the crime is minor. It is based on the premise of constituting a crime. If the conduct does not constitute a crime, the offender shall not be exempted from criminal punishment but shall be acquitted. Therefore, immunity from criminal punishment is a guilty verdict. First, it is necessary to accurately define the applicable objects and prevent the tendency of expansion. Accurately defining applicable objects is the primary issue and key link in improving the quality of warning and admonishment defense line construction. In this regard, two issues should be focused on solving. First, the objects of warning and reprimand must be party members and cadres. The Provincial Party Committee's "Implementation Plan for Comprehensively Building a Warning and Discipline Defense Line" states that "the purpose of building a warning and discipline defense line is to strengthen the supervision and management of party members and cadres." It can be seen that the object of warning and reprimand must be the object of disciplinary inspection and supervision, that is, either a party member or a state cadre. For those who are neither party members nor state cadres, such as workers and village cadres, they are not party members and cannot be warned or reprimanded. If these personnel make mistakes, they can be dealt with in accordance with the "Regulations on Public Security Punishments", "Regulations on Rewards and Punishments for Enterprise Employees", "Organic Law of Villagers Committees" and other relevant laws, regulations and provisions. Second, the objects of warning and admonishment must be party members and cadres whose behavior has crossed the ideological and moral defense line, but is not sufficient or cannot be punished by party and government disciplines. Since the warning and admonishment defense line is a new supervisory defense line built between the ideological and moral defense line and the party discipline and state law defense line, in actual work, it is easy to have problems such as replacing ideological education with warning and admonishment, and replacing party disciplinary punishment with party discipline punishment, thus expanding the scope of warning and admonishment. The applicable objects affect the actual effect of warning and admonition work. To solve these problems, we must correctly handle the relationship between warnings and admonitions, general ideological education, and party and government discipline. General ideological education is universal and non-mandatory for most cadres among party members, while warnings and admonitions are targeted and mandatory for a small number of cadres among party members who have crossed the ideological and moral defense line, have symptoms, tendencies, and minor disciplinary violations. of. If warnings and admonitions are used instead of general ideological education, such as pre-term integrity talks, collective integrity talks and other regular ideological education work, it will not only make the national defense construction work a mere formality, but also infinitely expand the scope of application and lose the authority of warnings and admonishments. . Party and government disciplinary sanctions are disciplinary measures for violations of party and government disciplines and have their own seriousness and deterrence. For minor violations of party and political disciplines, warnings and admonitions can be implemented. What is the legal effect of admonitions for non-"minor" violations?
Admonishment also refers to the people's court criticizing and educating perpetrators who violate court rules and ordering them to make corrections so that they cannot commit the crime again.
China’s public security organs and courts have criticized and educated some criminals. If a reprimand is required, if the crime is minor and the person is exempted from criminal punishment, if the civil case is subject to civil liability, a participant in the civil litigation or others who obstruct the civil proceedings shall be reprimanded by the court; if a person under the age of fourteen violates public security management, the court shall The public security organs will issue a reprimand. The legal effect of admonishment:
Admonishment is a measure for the public security organs to regulate the * * * order in accordance with the law, deal with abnormal * * * behavior, and provide legal education to * * * people. * *If a person refuses to make corrections after being admonished, he or she will be punished by the public security organs in accordance with relevant laws and regulations.
Reprimands are not administrative penalties. According to the judicial interpretation of the Supreme People's Court, if a * * * person is dissatisfied with the relevant authorities' replies, communications and warnings regarding * * * matters in accordance with * * * regulations, he cannot file an administrative review or administrative lawsuit.