First, the difference between administrative punishment warning and warning?
The difference between them mainly lies in different subjects, different scope of application and different legal consequences. Admonishment is not an administrative punishment, but a judicial compulsory measure. According to the Supreme People's Court's judicial interpretation, an administrative reconsideration or an administrative lawsuit cannot be brought if he refuses to accept the letter received, replied, forwarded or admonished by the relevant authorities according to laws and regulations. Admonishment also means that the people's court criticizes and educates the perpetrators who violate the rules of the court and orders them to correct them so that they can't do it again.
China public security organs and courts have criticized and educated some criminals. If it is necessary to be admonished, if criminal punishment is exempted due to minor crimes, if civil liability should be borne in civil cases, if participants in civil proceedings or others obstruct civil proceedings, the court shall admonish them; Those under the age of fourteen who violate the administration of public security shall be reprimanded by the public security organs.
Second, what are the types of administrative punishment?
1, behavior punishment
Behavior punishment, also known as ability punishment, refers to the form of sanctions that administrative subjects restrict or deprive violators of specific behavior ability. It is a more severe administrative punishment measure after personal punishment.
(1) ordered to stop production and business. This is an administrative punishment given by the administrative subject to the illegal acts of production operators. It directly deprives producers and operators of the right to carry out production and business activities. It is only applicable to the administrative counterpart who has committed serious illegal acts.
(2) Suspending or revoking the license and business license. This refers to the certificate that the administrative subject revokes or temporarily detains the rights or qualifications of the violator to engage in certain activities according to law. The purpose is to cancel or temporarily suspend a certain qualification of the punished person and deprive or restrict the right of a certain franchise.
2. Property fines
Property punishment refers to the form of punishment given by the administrative subject to deprive the actor of property rights according to law. This is the most widely used administrative punishment.
(1) All right. It means that the administrative subject forces the actor to bear a certain obligation of money payment and requires the actor to pay a certain amount of money within a certain period of time.
(2) Confiscation of property (confiscation of illegal income, confiscation of illegal property, etc.). ). It refers to the punishment method that the administrative subject nationalizes all or part of the illegal income, illegal property including contraband or tools for committing illegal acts according to law.
Step 3 apply for punishment
Disciplined punishment, also known as spiritual punishment and honorary punishment, refers to the condemnation and vigilance given by the administrative subject to citizens, legal persons or other organizations for violations of administrative legal norms. It is a punishment that damages the offender's reputation, honor, credibility or spiritual interests.
(1) warning. Refers to the warning or condemnation of the offender by the administrative subject.
(2) informed criticism. It is a disciplinary measure for offenders in honor or credibility. Informed criticism must be conducted in writing and made public to some extent.
The administrative organ may issue a decision on administrative punishment according to the actual illegal acts of the illegal personnel, and the parties concerned shall accept the relevant punishment according to the actual situation and deal with it according to law. However, the relevant identification related to admonition is obviously made by the public security organs, and criminals are warned and educated according to the prescribed procedures.