What is the basic procedure for implementing administrative punishment?
1, put on record for investigation. Filing a case is the initial stage of the general procedure, and it should be the initial requirement of the administrative punishment procedure to file a case first and then investigate it. Investigation is a means to find out the facts of a case, aiming at obtaining all kinds of evidence that can prove the facts of a case. Investigation and evidence collection is a special activity of administrative organs to find out the case and collect evidence in accordance with legal procedures, and it is the core procedure of administrative punishment. Investigation and evidence collection should follow the principles of comprehensiveness, objectivity and impartiality. According to the provisions of the Administrative Punishment Law, administrative organs can take samples to collect evidence and register and save it in advance when investigating and collecting evidence = there should be no less than two law enforcement officers during the investigation = law enforcement officers should show their certificates to the parties or relevant personnel = when questioning the parties and witnesses, they should make an inquiry record = when necessary, administrative organs can make an inquest on the parties themselves or places related to the case, and make an inquest record during the inquest = if conducting on-site investigation and inquest to obtain evidence, they should also make an on-site inquest record.
2. Review the decision. After the investigation of a case, the administrative organ shall analyze and judge the facts and evidence obtained and make a decision on administrative punishment. Before making a decision on punishment, the administrative organ shall inform the parties of the facts, reasons and basis for making the decision on administrative punishment, and inform the parties of their right to state and defend themselves. The administrative organ must listen carefully to the statements and arguments of the parties, and the facts, reasons and evidence put forward by the parties shall be adopted by the administrative organ. The administrative organ shall, on the basis of ascertaining the facts and grasping conclusive evidence, make a decision on administrative punishment in accordance with the provisions of relevant laws and regulations. General administrative punishment cases shall be decided by the person in charge of the administrative organ, but the person in charge of the administrative organ shall collectively discuss and decide the punishment cases that cause particularly heavy losses to the parties.
Legal basis: Article 6 of the Administrative Punishment Law of the People's Republic of China.
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.
Article 5
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.