[Construction of the Government of the rule of law] Zhaoqing City competes to create a demonstration city of the national rule of law government construction. (5)

49

What are the basic requirements of administrative law enforcement?

Answer: Strict, standardized, fair, civilized.

50

What are the main measures for adhering to strict regulation and justice and civilized law enforcement in adherence to the main measures of the "Implementation of the Implementation of the Construction of the Government of the rule of law (2021-2025)"?

Answer: Deepen the reform of the administrative law enforcement system, increase law enforcement efforts in key areas, improve administrative law enforcement procedures, and innovate administrative law enforcement methods.

51

What principles and requirements should we adhere to the reform of the comprehensive administrative law enforcement system?

Answer: In principle, the provincial (autonomous region) does not have an administrative law enforcement team. In principle, only one administrative law enforcement level is set up in districts and cities and cities. Street) The reform principles and requirements of "one team management enforcement" gradually realize the reform principles and requirements of "a team of management enforcement".

52

Innovate the requirements of administrative law enforcement methods to focus on the promotion of the use of non -compatible law enforcement methods to achieve the unity of legal effects and social effects?

Answer: Law enforcement methods such as persuasive education, persuasion demonstration, warning, warning, guidance and interviews are widely used, and we will strive to achieve both strictness and harmony, so that law enforcement has both strength and temperature.

53

What is the "three systems" of administrative law enforcement?

Answer: The recording system for the public enforcement system, the entire process of administrative law enforcement, and the legal review system for major law enforcement decisions.

54

What is the basic meaning of administrative law enforcement?

Answer: Administrative law enforcement refers to administrative duties such as administrative law enforcement performed administrative punishment, administrative license, administrative mandatory, administrative collection, administrative collection, administrative payment, administrative confirmation, administrative registration, administrative ruling, administrative inspection and other administrative duties in accordance with the law.

55

What is administrative penalty?

Answer: Administrative penalties refer to punishment for administrative organs to citizens, legal persons or other organizations who violate the order of administrative management in accordance with the law to punish the damage and increasing obligations.

56

What are the types of administrative penalties?

answer:

Types of administrative penalties:

(1) Warning, report criticism;

(2) fines, confiscation of illegal income, confiscation of illegal property;

(3) Temporary deduction permits, reducing qualification levels, revoking licenses;

(4) Limit production and operation activities, order production and suspension, or order to close, and restrict business;

(5) Administrative detention;

(6) Other administrative penalties stipulated in law and administrative regulations.

57

What is the scope of the legal review in administrative punishment?

Answer: There is one of the following circumstances. Before the person in charge of the administrative organs made an administrative penalty decision, the person who engaged in the legal system of administrative penalties should be reviewed by the legal system; if the legal system is reviewed or approved, the decision shall not be made:

(1) Involved in major public interests;

(2) The major rights and interests of the parties or third parties are directly related to the hearing procedures;

(3) The case is difficult to be complicated and involved in multiple legal relationships;

(4) Other situations in the legal review of laws and regulations shall be conducted.

58

How is the configuration ratio of the legal review personnel stipulated?

Answer: In principle, the deployment of the administrative law enforcement agency is not less than 5%of the total number of law enforcement personnel in the unit, and not less than one.

59

The administrative organs should fulfill their obligations before making administrative punishment decisions. What are the contents?

Answer: The content, facts, reasons, and basis of the administrative penalties planned by the parties should be informed of the parties, and the rights such as statements, defense, and hearing that the parties enjoyed in accordance with the law.

60

What are the conditions for light and reducing punishment stipulated in Article 32 of the "Administrative Penalty Law of the People's Republic of China"?

Answer: The parties have one of the following situations, and they should be gently or reduced administrative penalties:

(1) Actively eliminate or reduce the consequences of the harm of illegal acts;

(2) Those who are coerced or deceived by others;

(3) Actively supply illegal acts that the administrative organs have not yet mastered;

(4) Cooperate with administrative organs to investigate and deal with illegal acts.

(5) Laws, regulations, and regulations stipulate that other administrative punishment should be lighter or reduced.

61

What are the conditions for non -administrative penalties stipulated in Article 33 of the "Administrative Penalty Law of the People's Republic of China"?

answer:

(1) The illegal act is slight and corrected in time. If there is no harmful consequences, it will not be punished by administrative penalties; if the first illegal and harmful consequences are mild and corrected in time, they may not be punished by administrative penalties.

(2) If the parties have evidence enough to prove that there is no subjective fault, they will not be punished by administrative penalties. If laws and administrative regulations have other provisions, it is stipulated.

(3) If the party's illegal act shall not be punished in accordance with the law, the administrative organs shall educate the parties.

62

What is administrative forced?

Answer: Administrative forces include administrative mandatory measures and administrative mandatory implementation. Administrative compulsory measures refer to the situation of administrative organs in order to stop illegal acts, prevent damage to evidence, avoid harm, and control danger to expand in accordance with the law. Implementation of temporary control of other organization's property. Administrative enforcement refers to the act of mandatory performance of obligations to perform obligations in accordance with the law for citizens, legal persons, or other organizations who apply for the people's court to apply for the people's court.

63

What are the types of administrative compulsory measures?

answer:

(1) Limit the personal freedom of citizens;

(2) Check the place, facilities or property;

(3) See property; (4) Frozen deposits and remittances;

(5) Other administrative compulsory measures.

64

What is administrative license?

Answer: Administrative license refers to the behavior of administrative organs in accordance with laws, or other organizations in accordance with law, and allows them to engage in specific activities according to law.

65

The "Administrative Licensing Law of the People's Republic of China" stipulates what principles should be followed by setting and implementing administrative licenses?

Answer: Setting and implementing administrative licenses shall follow the principles of openness, fairness, justice, and non -discrimination.

66

What matters can set administrative licenses?

answer:

(1) Specific activities directly involved in national security, public safety, economic macro -control, ecological environmental protection, and direct affairs that are directly related to personal health, life and property safety, etc., and the matters that need to be approved in accordance with statutory conditions;

(2) The development and utilization of limited natural resources, the allocation of public resources, and the market access of a specific industry that is directly related to the public interest, etc., needs to give specific rights;

(3) Occupation and industries that provide public services and are directly related to public interests need to determine matters and qualifications such as special reputation, special conditions or special skills;

(4) Important equipment, facilities, products, and items that are directly related to public safety, personal health, life and property safety, need to be reviewed by inspection, testing, quarantine, etc. in accordance with technical standards and technical specifications;

(5) Establishment of enterprises or other organizations, etc., need to determine matters of the subject qualification;

(6) Law and administrative regulations can set other matters of administrative permits.

67

How should the administrative license require that multiple institutions set up in the administrative organs should be handled?

Answer: The administrative organs shall determine a unified application for administrative license for a organization and the decision to be uniformly delivered to the administrative license. If the administrative license shall be implemented by two departments of the local people's government in accordance with the law, the people's governments at the class may determine that a department can accept the application for administrative license and tell the relevant departments to submit unified handling of opinions, or organize relevant departments to jointly handle and centrally handle it.

Source: Zhaoqing Judicial WeChat public account

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