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Exceptions to the administrative punishment law
2022-07-18 16:26:00 【jidawanghao】
Administrative penalty law of the people's Republic of China ( Chinese law )_ Baidu Encyclopedia
Administrative penalty law Exceptions , Sum up , The exception is for the number of law enforcement officers , Whether the penalty amount is paid on site , Law enforcement accountability period , The subjective consciousness of the subject of law enforcement 、 The jurisdiction and scope of law enforcement have been further revised and improved .
Article 22 Administrative punishment shall be under the jurisdiction of the administrative organ in the place where the illegal act occurs . law 、 Administrative regulations 、 Otherwise stipulated in the departmental rules , According to its rules .
Article 23 Administrative punishment shall be under the jurisdiction of the administrative organ of the local people's government at or above the county level that has the power of administrative punishment . law 、 Where there are other provisions in administrative regulations , According to its rules .
Article 33
The party concerned has sufficient evidence to prove that there is no subjective fault , No administrative penalty . law 、 Where there are other provisions in administrative regulations , According to its rules .
Article 36 The illegal act has not been discovered within two years , No more administrative penalties ; Involving the life, health and safety of citizens 、 Financial security with harmful consequences , The above period is extended to five years . Unless otherwise provided by law .
Article 42 Administrative punishment shall be imposed by law enforcement personnel with administrative law enforcement qualifications . There shall be no less than two law enforcement officers , Unless otherwise provided by law .
Article 51 The illegal facts are conclusive and have legal basis , Citizens shall be fined not more than 200 yuan 、 Imposing an administrative penalty of a fine of less than 3000 yuan or a warning on a legal person or other organization , Administrative penalty decisions may be made on the spot . As otherwise provided by law , According to its rules .
Article 60 The administrative organ shall make a decision on administrative punishment within 90 days from the date of filing the case of administrative punishment . law 、 statute 、 Otherwise stipulated in the regulations , According to its rules .
Article 84 foreigners 、 Stateless persons 、 Foreign organizations have committed illegal acts within the territory of the people's Republic of China , Should be given administrative punishment , This Law shall apply , Unless otherwise provided by law .
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