In essence, admonition belongs to the category of education, but it is more severe than general education, so it does not belong to administrative punishment. Minors who commit serious bad behaviors as stipulated in this Law, which constitutes a violation of public security administration, shall be punished by public security organs according to law. Those who are exempted from punishment because they are under the age of 14 or the circumstances are particularly minor may be admonished.
First, the public security organs admonition procedures
1. The case-handling department or visiting department of the public security organ may admonish the visitors who have violated the law during the visit, but their words and deeds are not enough for administrative punishment.
2. Standard evidence. The organizer decided to collect relevant evidence when lecturing the interviewee: reports and proof materials from relevant units or staff; Collect and detain relevant physical evidence and documentary evidence of the interviewee; During the interview, the words and deeds of the interviewee can be recorded in the interview record, and the interviewer will confirm the signature (if the interviewer refuses to sign or seal, it should be indicated by the reception police); Audio-visual materials such as related video recordings; Personal statement or repentance of the interviewer; Proof materials of police or other witnesses present, etc. The above evidence must have more than two items.
3. recognition. Visitors who visit units or places outside the public security organs abnormally shall be admonished and approved by the person in charge of the case-handling department of the public security organ. The visiting personnel of the city and county (District) public security organs who visit abnormally shall be admonished, which shall be handled by the visiting department of the public security organ at the corresponding level and approved by the person in charge of the visit. The undertaking police shall fill in the "Report on Petition and Advice" (generally, all forms can be submitted), and the advice notice can only be filled after approval. The notice of exhortation shall be stamped with the special seal of the public security organ for visiting.
4. delivery. After the admonition notice is issued, it shall be delivered to the visitors on the spot or in time. Service shall be handled in accordance with the provisions on the service of legal documents. If the interviewee and his relatives refuse to sign for it, they can be served by lien, or they can be served by the interviewee's unit or village or neighborhood committee.
5. archive. Files of admonishing conversations with interviewees who visit abnormally (including interviewees' household registration information, family members, places, units and times of abnormal visits, evidence of words and deeds of abnormal visits, archiving of admonishing conversations and receipt of delivery, etc.) shall be established and archived.
The legal basis of public security organs' admonition is the above situation. The handling and identification of relevant situations should be strictly based on the actual illegal facts. However, if the facts of the crime are serious, it is obviously necessary to strictly investigate the relevant legal responsibilities, which meets the filing standards and requires judicial judgment.
Public security admonition refers to the criticism and education of some criminals by public security organs. It is aimed at people who are exempted from criminal punishment for minor crimes. The admonition is not a criminal or administrative punishment at all, and it is not recorded in the file.
Second, the types of administrative punishment
1, warning, informed criticism;
2, fines, confiscation of illegal income, confiscation of illegal property;
3. Suspend the license, lower the qualification level and revoke the license;
4. Restrict production and business activities, order to stop production and business, order to close down, and restrict employment;
5. Administrative detention;
6. Other administrative penalties prescribed by laws and administrative regulations.
legal ground
Article 5 of People's Republic of China (PRC) Public Security Administration Punishment Law must be based on facts, which is equivalent to the nature, circumstances and social harm of acts violating public security administration. The implementation of public security management punishment should be open and fair, respect and protect human rights, and protect the personal dignity of citizens. Handling public security cases should adhere to the principle of combining education with punishment.