The implementation result of administrative punishment will inevitably affect the legal status and rights and obligations of the punished person.

First, what should I do if there are defects in the administrative punishment procedure?

According to the Administrative Litigation Reconsideration Law of People's Republic of China (PRC)

Article 6 Citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law under any of the following circumstances:

1, refuses to accept the administrative punishment decisions made by the administrative organ, such as warning, fine, confiscation of illegal income, confiscation of illegal property, order to stop production or business, temporary suspension or revocation of license, temporary suspension or revocation of license, administrative detention, etc. ;

2. Dissatisfied with administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property made by administrative organs;

3. Dissatisfied with the decision made by the administrative organ to change, temporarily suspend or revoke the license, license, qualification certificate and other documents;

4. Dissatisfied with the decision of the administrative organ to confirm the ownership or use right of natural resources such as land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas;

5, that the administrative organ violates the legitimate right to operate independently;

6, that the administrative organ to change or abolish the agricultural contract, infringe upon their legitimate rights and interests;

7, that the administrative organ illegal fund-raising, property collection, apportion expenses or illegal requirements to perform other obligations;

8, that meet the statutory conditions, apply for administrative organs to issue permits, licenses, qualification certificates, qualification certificates and other documents, or apply for administrative organs for examination and approval, registration related matters, the administrative organs did not handle;

9, apply to the administrative organ to perform the statutory duties of protecting personal rights, property rights and the right to education, and the administrative organ fails to perform according to law;

10, applying to the administrative organ for granting pension, social insurance or minimum living guarantee according to law, but the administrative organ fails to do so according to law;

1 1, believing that other specific administrative acts of administrative organs infringe upon their legitimate rights and interests.

Two, what is the legal effect of the administrative punishment decision?

1, public force;

The public power of administrative punishment decision means that once the administrative punishment decision is made, it has the presumed legal, effective and respected effect on anyone.

2. Determine the force;

The certainty of administrative penalty decision means that once the administrative penalty decision is made, no one can revoke or change it at will unless the reasons and legal procedures are stipulated according to law, which is also called irrevocable force. The certainty of administrative penalty decision is the guarantee of the existence and function of the administrative penalty decision that has been made.

3. coercive force;

The coercive force of administrative punishment decision means that the decision of administrative punishment is not transferred by the will of the punished party. Once the administrative punishment decision is made, it is binding on the punished party. If the punished party fails to perform the administrative punishment decision, it shall bear corresponding legal responsibilities.

To be exact, coercive force is a kind of legal effect after the administrative punishment decision takes effect. Generally, when the written decision on administrative punishment is delivered, the punished party knows or should know the contents of the written decision on administrative punishment, which is binding on the party concerned.

4. executive power;

The executive power of administrative penalty decision means that once the administrative penalty decision is made, it has the effect of fully realizing its content. The executive power of the administrative penalty decision mainly shows that the administrative organ has the right to require the punished party to perform its obligations, including requiring the punished party to perform its obligations by itself and compulsory performance.

Three. What are the basic principles of administrative punishment?

1, principle of legality. Provisions on administrative penalties for illegal acts must be published; Without publication, it shall not be used as the basis for administrative punishment.

2. The principle of fairness and openness. Article 4 of the Administrative Punishment Law stipulates that administrative punishment follows the principle of fairness and openness.

3. The principle of combining punishment with education. Article 5 of the Administrative Punishment Law stipulates that 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. 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.

4, the principle of protecting the rights of the parties to state. Article 32 of the Administrative Punishment Law stipulates that the parties have the right to make statements and defend themselves. The administrative organ must fully listen to the opinions of the parties and examine the facts, reasons and evidence put forward by the parties; If the facts, reasons and evidence presented by the parties are established, the administrative organ shall adopt them.

5, the principle of no longer punishment. Article 24 of the Administrative Punishment Law stipulates that a party shall not be given an administrative penalty of more than two fines for the same illegal act. I hope the above contents are helpful.

Legal objectivity:

Article 54 of the Administrative Punishment Law of the People's Republic of China In addition to the administrative punishment that can be imposed on the spot as stipulated in Article 51 of this Law, if an administrative organ finds that a citizen, a legal person or any other organization has committed an act that should be given administrative punishment according to law, it must conduct a comprehensive, objective and impartial investigation and collect relevant evidence; When necessary, inspection can be conducted in accordance with the provisions of laws and regulations.