Question 2: What are the types of administrative punishment? Hello, according to Article 8 of the Administrative Punishment Law:
(1) warning;
(2) a fine;
(three) the confiscation of illegal income and illegal property;
(four) ordered to suspend production or business;
(5) withholding or revoking the license, withholding or revoking the license;
(6) Administrative detention;
(seven) other administrative penalties prescribed by laws and administrative regulations.
Question 3: What are the types of administrative punishment? The types of administrative punishment refer to the external concrete forms of administrative punishment. According to Article 8 of the Administrative Punishment Law of the People's Republic of China, there are seven types of administrative punishment: 1. Warning. It is the state's condemnation and warning to the administrative violator, and the state's formal negative evaluation of the violator's illegal behavior. From the point of view of the country, warning is the official expression of the state administrative organs, which will have an adverse impact on the other party and should be included in the scope of legal constraints; For the punished person, the sanction function of warning is mainly to form psychological pressure and unfavorable social public opinion environment for the parties. The important purpose of applying warning punishment is to make the punished person realize the illegality of his behavior and the harm to society, correct the illegal behavior and stop breaking the law. 2. all right. It is a kind of sanction that the administrative organ forcibly collects a certain amount of money from the administrative violator and deprives him of certain property rights. Applicable to sanctions against various administrative violations. 3. Confiscation of illegal income and confiscation of illegal property. Confiscation of illegal income is a sanction for administrative organs to nationalize the property possessed by administrative offenders and obtained through illegal ways and methods; Confiscation of illegal property is a kind of sanction for administrative organs to nationalize the property illegally occupied by administrative offenders. 4. Ordered to stop production and business. It is a kind of sanction that the administrative organ forces the administrative violator to temporarily or permanently stop production, operation and other business activities. 5. Suspend or revoke the license, suspend or revoke the license. The administrative organ temporarily or permanently revokes the document that the state allows the administrative violator to enjoy certain rights or engage in certain activities, so that he loses his rights and activities. 6. Administrative detention; It is a kind of sanction that public security administrative organs (public security organs) deprive people of personal freedom for a short period of time for violating public security management. 7. Other administrative penalties prescribed by laws and administrative regulations. 1. Personal freedom punishment: including administrative detention and reeducation through labor. Second, behavior punishment: the main forms are ordered to stop production and business, revocation of permits, licenses and so on. Third, property punishment: the main forms are fines and confiscation of property (confiscation of illegal property and illegal income). 4. Honor punishment: The main forms are warning, order to make a statement of repentance, informed criticism, etc.
Question 4: What are the main types of administrative penalties prescribed by law? It refers to the external concrete form of administrative punishment. According to Article 8 of the Administrative Punishment Law of the People's Republic of China, there are seven types of administrative punishment: 1. Warning. It is the state's condemnation and warning of administrative offenders, and it is the official negative evaluation made by the state on the illegal behavior of offenders. From the point of view of the country, warning is the official expression of the state administrative organs, which will have an adverse impact on the other party and should be included in the scope of legal constraints; For the punished person, the sanction function of warning is mainly to form psychological pressure and unfavorable social public opinion environment for the parties. The important purpose of applying warning punishment is to make the punished person realize the illegality of his behavior and the harm to society, correct the illegal behavior and stop breaking the law. 2. all right. It is a kind of sanction that the administrative organ forcibly collects a certain amount of money from the administrative violator and deprives him of certain property rights. Applicable to sanctions against various administrative violations. 3. Confiscation of illegal income and confiscation of illegal property. Confiscation of illegal income is a sanction for administrative organs to nationalize the property possessed by administrative offenders and obtained through illegal ways and methods; Confiscation of illegal property is a kind of sanction for administrative organs to nationalize the property illegally occupied by administrative offenders. 4. Ordered to stop production and business. It is a kind of sanction that the administrative organ forces the administrative violator to temporarily or permanently stop production, operation and other business activities. 5. Suspend or revoke the license, suspend or revoke the license. The administrative organ temporarily or permanently revokes the document that the state allows the administrative violator to enjoy certain rights or engage in certain activities, so that he loses his rights and activities. 6. Administrative detention. That is, the public security organs deprive people of their personal freedom in a short time as a compulsory punishment measure. Because administrative detention is the most severe administrative punishment, the law has made strict provisions on its application: 1) As for the applicable organ, it can only be decided and implemented by the public security organ; 2) On the object of application, it is generally only applicable to natural persons who seriously violate the laws and regulations on public security management, not to mental patients, citizens under the age of 14, pregnant women or women who are breastfeeding their babies under one year old, nor to legal persons and other organizations in China; 3) The applicable time is more than 1 day and less than 15 days; 4) In terms of applicable procedures, it is necessary to go through procedures such as summons, interrogation, evidence collection, judgment and execution. 7. Other administrative penalties prescribed by laws and administrative regulations. 1. Personal freedom punishment: including administrative detention and reeducation through labor. 2. Behavior punishment: The main forms are ordered to stop production and business, and the license and license are revoked. 3. Property punishment: the main forms are fines and confiscation of property (confiscation of illegal property and illegal income). 4. Honor punishment: The main forms are warning, order to make a statement of repentance, informed criticism, etc. "Administrative Punishment Law" stipulates that the above-mentioned administrative punishments are not listed, and considering that these six kinds of administrative punishments may not be enough to punish administrative violations, two national legal documents, laws and administrative regulations are authorized to create other administrative punishments besides the six kinds of administrative punishments. The new administrative punishments created by laws and administrative regulations mainly include reeducation through labor, informed criticism, compulsory military service, deportation, cancellation of registered trademarks, cancellation of urban hukou, etc.
Question 5: The types of administrative punishment mainly include the types of administrative punishment for asking God for help: (1) warning; (2) a fine; (three) the confiscation of illegal income and illegal property; (four) ordered to suspend production or business; (5) withholding or revoking the license, withholding or revoking the license; (6) Administrative detention; (seven) other administrative penalties prescribed by laws and administrative regulations.
Question 6: What are the types and differences of administrative punishment? Article 8 Types of administrative punishment in the Administrative Punishment Law:
(1) warning;
(2) a fine;
Confiscation of illegal income and property;
(four) ordered to suspend production or business;
(5) withholding or revoking the license, withholding or revoking the license;
(6) Administrative detention;
(seven) other administrative penalties prescribed by laws and administrative regulations.
Question 7: What are the categories of administrative law enforcement? 1. administrative license: the act of an administrative organ approving a citizen, legal person or other organization to engage in a specific activity upon application and legal review. 2. Administrative punishment: A specific administrative act that an administrative organ, an organization authorized by laws and regulations or an organization entrusted by an administrative organ with the power of administrative punishment imposes administrative sanctions on a citizen, legal person or other organization that violates the administrative order. The types of administrative punishment include warnings; Fines; Confiscation of illegal income and property; Ordered to stop production and business; Suspend or revoke the license, suspend or revoke the license; Administrative detention; Other administrative penalties prescribed by laws and administrative regulations. 3. Administrative coercion: including administrative coercive measures and administrative coercion. Administrative coercive measures refer to measures taken by administrative organs to temporarily restrict citizens' personal freedom or temporarily control the property of citizens, legal persons or other organizations in the process of administrative management. The forms of administrative compulsory measures mainly include: temporarily restricting citizens' personal freedom; Sealing up places, facilities or property; Seizure of property; Freeze deposits, remittances, securities, etc. ; Forced entry; Other compulsory measures prescribed by law. Administrative enforcement refers to the act that an administrative organ or an administrative organ applies to a people's court to force a citizen, legal person or other organization that fails to perform an administrative decision that takes legal effect to perform its obligations according to law. The ways of administrative coercion mainly include: removing obstacles, restoring the original state and other obligations; Penalty for execution of fines or late fees; Transfer deposits and remittances, as well as cash securities; Auction or dispose of the seized or detained property according to law; Other forms of enforcement prescribed by law. 4. Administrative expropriation: refers to the specific administrative act that the administrative organ obtains the property ownership of the administrative counterpart compulsorily and free of charge by virtue of the state administrative power and according to the needs of the state and social public interests. Its types mainly include tax collection, construction fund fee collection, resource use fee collection, management fee collection and so on. 5. Administrative payment: refers to the specific administrative act that the administrative organ gives certain material rights and interests or material-related rights and interests in accordance with the law when citizens are old, ill, incapacitated or under other special circumstances. Its types mainly include: resettlement and pension; Pensions for specific personnel; Minimum living allowance; Natural disasters, poverty alleviation and other social relief funds and relief materials. 6. Administrative confirmation: refers to the specific administrative act that the administrative organ screens the legal status, legal relationship or relevant legal facts of the administrative counterpart according to the application of the administrative counterpart, and gives confirmation, recognition, proof, registration, verification and announcement. Its species is mainly determined by (1). Such as the issuance of housing property certificates, homestead use certificates, patent certificates, trademark certificates, etc. ; (2) recognition. For example, the witness of product quality. (3) proof. Such as education, degree certificate, resident identity certificate, kinship certificate, certificate of origin of goods, etc. ; (4) registration. Such as property right registration, household registration and marriage registration. ; (5) certification. Such as administrative appraisal. 7. Administrative adjudication: refers to the specific administrative act that the administrative organ examines and makes a ruling on specific civil disputes between equal subjects in administrative activities according to the authorization of the law. Its types are: (1) adjudication of damages disputes. A dispute over compensation for damage is a dispute caused by a party's request for compensation after his rights and interests are infringed (for example, Article 55 of the Law on the Prevention and Control of Water Pollution stipulates that the compensation, liability and amount of compensation suffered in water pollution hazards shall be handled by the environmental protection department at the request of the party concerned). (2) to adjudicate ownership disputes. Refers to the adjudication of disputes over the ownership of land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas. (3) Adjudication of compensation disputes (Article 14 of the Regulations on the Administration of Urban House Demolition stipulates that the form and amount of compensation for demolition can be decided by the competent department of house demolition). (4) Other infringement disputes. 8. Administrative compensation: refers to an administrative relief act in which the administrative organ compensates the relative person's loss according to law when the administrative organ causes the loss of the relative person's rights and interests due to the implementation of statutory administrative acts, or when the relative person's social interests suffer losses. Its types mainly include: compensation for land expropriation, compensation for emergency administrative actions, etc. 9. Administrative reward: the state administrative organs and their authorized units and organizations, or organizations and units authorized by laws and regulations, have made great contributions to the country and society in material spirit in order to better realize their administrative purposes ..... >>
Question 8: What are the main warnings of administrative punishment (1)?
Generally, it is only applicable to administrative violations with minor circumstances and no harmful consequences. Warning is a kind of legal sanction that the administrative organ warns the violator, which can be oral or written. The purpose is to warn the illegal counterpart, state his illegal behavior and avoid his recidivism.
(2) Fine
A fine is a legal sanction that the administrative organ forces the illegal counterpart to bear the obligation of money payment and pay a certain amount of money within a certain period of time. Fine is to punish machinery by causing economic losses to the relative person, but fine is a kind of punishment with great discretion. In order to prevent the administrative organs from abusing their power, we must strengthen supervision. All fines must be turned over to the state treasury. The extent of the fine must be commensurate with the circumstances of the illegal act and the economic situation of the illegal counterpart.
(3) Confiscating illegal gains and illegal property.
Confiscation of illegal income and confiscation of illegal property are legal sanctions for administrative organs to forcibly seize illegal income and illegal property related to illegal acts and nationalize them according to law. It is a severe administrative punishment to punish the machine by confiscating the money and property illegally obtained by the offenders and restricting their property rights.
(4) ordered to stop production and business.
Ordering to stop production or business is a legal sanction that the administrative organ deprives the counterpart of administrative violation of the right to engage in a certain business or work according to law. Only applicable to legal persons and other organizations, not to natural persons. Here we should distinguish between individual industrial and commercial households and natural persons. Ordering to stop production and business to make the counterpart bear the loss of property interests is a legal means to punish the counterpart whose illegal circumstances are not serious.
(5) withholding or revoking the license.
Both of them are legal sanctions that the administrative organ restricts or deprives the actor of the right to engage in a certain business or business activity according to law. Suspension of the right to engage in certain activities, that is, deprivation of the right to act, is a more severe administrative punishment.
(6) Administrative detention
Administrative detention is a short-term legal sanction imposed by administrative organs to deprive the illegal counterpart of his personal freedom according to law. Administrative detention for more than one day and less than fifteen days is the most severe administrative punishment. Therefore, the application of administrative detention is strictly restricted. In legislation, only the National People's Congress and its Standing Committee have the right to set individual sanctions in the form of law. In law enforcement, only the public security organs have the right to exercise the right of detention. Moreover, the duration of administrative detention is legal.
(seven) other administrative penalties prescribed by law.
Due to the complexity of administrative management and the diversity of administrative violations, when necessary, the law can create various forms of administrative punishment. Administrative regulations can also set administrative punishment methods other than personal freedom punishment within the statutory scope. Local regulations, departmental rules and other legal normative documents can also set certain forms of administrative punishment within the statutory scope. To meet the changing needs of administrative work.
Question 9: What are the types of administrative sanctions?
Eighth administrative punishment of administrative law enforcement:
(1) warning;
(2) a fine;
(three) confiscation of illegal income and illegal property;
(four) ordered to suspend production or business;
(5) Suspending or revoking the license, temporarily suspending or revoking the license;
(6) Administrative detention; For other administrative penalties, click (7) the provisions of laws and administrative regulations.
Question 10: What are the seven types of administrative punishment in China?
Article 8 Types of administrative punishment in the Administrative Punishment Law:
(1) warning;
(2) a fine;
(three) the confiscation of illegal income and illegal property;
(four) ordered to suspend production or business;
(5) withholding or revoking the license, withholding or revoking the license;
(6) Administrative detention;
(seven) other administrative penalties prescribed by laws and administrative regulations.