What are the procedures for public security organs to handle administrative cases?

Including investigation and evidence collection, hearing procedures, administrative handling, public security mediation, execution, etc.

Investigation and evidence collection: mainly inquiry, appraisal, identification, inspection, evidence preservation, enforcement of compulsory measures, etc.

Hearing procedures: including the hearing personnel and participants, the degree of hearing, the application and acceptance, and the procedures for holding the hearing;

1. According to the law, before making the following administrative punishment decision, the illegal suspect shall be informed of the right to request a hearing:

(a) ordered to suspend production or business;

(2) Revoking the license or license;

(three) a large amount of fines;

(4) Other circumstances in which the suspect may request a hearing as stipulated by laws, regulations and rules.

"Larger fine" refers to an act that violates the laws, regulations and rules on entry and exit management, and imposes a fine of more than 2,000 yuan on individuals, a fine of more than 1 10,000 yuan on units and a fine of more than 6,000 yuan on individuals. If a fine is imposed according to local regulations or local government rules, the amount of fine applicable to the hearing shall be implemented according to local regulations.

2. The hearing shall be organized and implemented by the legal department of the public security organ.

3 hearing a hearing officer, responsible for organizing the hearing, a recorder, responsible for making the hearing record. When necessary, there may be one or two hearing officers to assist the presiding hearer in the hearing. The investigators in this case shall not act as the presiding hearer, hearing officer and recorder.

4 hearing personnel including the parties and their agents; The people's police handling the case; Witnesses, experts and translators; Other relevant personnel.

5. If a criminal suspect requests a hearing, he shall apply within three days after the public security organ informs him. After receiving the application for hearing, the public security organ shall decide whether to accept it within two days. If the applicant's request does not meet the requirements of the hearing and decides not to accept it, it shall make a notice of not accepting the hearing and inform the applicant of the hearing. If the applicant for hearing is not notified within the time limit, it shall be deemed to be accepted. After accepting the hearing, the public security organ shall serve a notice of hearing on the applicant seven days before the hearing is held, and notify other participants of the hearing of the time and place. The hearing shall be held within ten days from the date when the public security organ receives the application for hearing. Except for administrative cases involving state secrets, commercial secrets and personal privacy, the hearing shall be held in public.

Administrative decisions: including decisions on the application of administrative penalties and administrative decisions.

The time limit for public security organs to handle public security cases shall not exceed 30 days from the date of acceptance. If the case is serious and complicated, it may be extended for 30 days with the approval of the public security organ at the next higher level, and other administrative cases may be handled. If there is a statutory time limit for handling cases, it shall be handled in accordance with relevant laws and regulations.

The violator shall not be given an administrative penalty of more than two fines for the same illegal act.

Under any of the following circumstances, a lighter or mitigated punishment or no administrative punishment shall be given:

(a) take the initiative to eliminate or mitigate the harmful consequences of illegal acts, and obtain the understanding of the infringed;

(2) Being coerced or deceived by others;

(3) Having rendered meritorious service;

(four) voluntarily surrender, truthfully state their illegal acts to the public security organs;

(five) other administrative penalties that should be given a lighter or mitigated punishment according to law.

If the illegal act is minor and corrected in time, and no harmful consequences are caused, no administrative punishment shall be imposed.

Blind or deaf-mute people who violate the administration of public security may be given a lighter, mitigated or no administrative punishment; Drunken people who violate public security management should be punished.

In any of the following circumstances, a heavier punishment shall be given:

(a) the consequences are serious;

(2) instigating, coercing or tricking others into committing illegal acts;

(three) to take revenge on informants, complainants, informants, witnesses, etc.;

(4) Having been punished by public security administration within six months or having been punished by public security administration more than twice within one year due to similar illegal acts;

(5) Violating the administration of public security within three years after the execution of the penalty, or within the probation period of probation.

Public security mediation:

Article 178 Acts that violate the administration of public security, such as beating others, intentionally hurting, insulting, slandering, falsely accusing and framing, intentionally damaging property, interfering with the normal life of others, invading privacy, illegally invading houses, etc., caused by civil disputes. , if the circumstances are minor and under any of the following circumstances, mediation can be conducted:

(a) disputes between relatives, friends, neighbors, colleagues and students at school due to trivial matters;

(2) The infringing act of the infringer is caused by the prior fault of the infringed;

(3) Other mediation methods that are easier to resolve contradictions.

For a civil dispute that does not constitute a violation of public security administration, the parties concerned shall be informed to apply to a people's court or a people's mediation organization for handling.

If the circumstances are minor, the facts are clear, the causal relationship is clear, and medical expenses or loss of goods are not involved, or both parties have no dispute over compensation for medical expenses and loss of goods, which meets the conditions of public security mediation, and both parties agree to mediate on the spot and perform it on the spot, they can mediate on the spot and make a mediation agreement. If the on-site audio and video recording clearly records the basic information of the parties, the main illegal facts and the contents of the agreement, no mediation agreement will be made.

179th any of the following circumstances, mediation is not applicable:

(1) Hiring a murderer to harm others;

(two) gang fights or other troubles;

(3) repeatedly violating the administration of public security;

(four) the parties clearly expressed their unwillingness to mediate;

(five) in the process of public security mediation, the parties violate the administration of public security and confront each other;

(six) in the process of mediation, the illegal suspect escaped;

(seven) other unsuitable for mediation.

Management and disposal of the property involved:

Enforcement: including the enforcement of fines and administrative detention.

legal ground

Procedures for handling administrative cases by public security organs

Article 51 When investigating and collecting evidence, public security organs should prevent the disclosure of work secrets.

Article 52 When a public security organ conducts inquiry, identification, inspection, inquest, administrative compulsory measures and other investigation and evidence collection, there shall be no fewer than two people's policemen, and they shall show their law enforcement status.

Receiving reports, filing cases, accepting evidence, collecting information, mediating and delivering documents can be carried out by people's police assistants, but the whole process should be recorded and videotaped.

Article 54 In handling administrative cases, the following administrative compulsory measures may be taken according to law:

(1) Take compulsory measures such as sealing up, distraining, sealing up, pre-registration and preservation, sampling and evidence collection, and sealing up documents and materials on articles, facilities and places, and freeze the deposits, remittances, bonds, stocks, fund shares and other properties of terrorist suspects;

(2) Take protective restraint measures against illegal suspects, continue questioning, compulsory summons, compulsory investigation and detention review, limit the scope of activities, and take restraint measures against terrorist suspects.

Article 123 Before making the following decision on administrative punishment, the illegal suspect shall be informed of his right to request a hearing:

(a) ordered to suspend production or business;

(2) Revoking the license or license;

(three) a large amount of fines;

(4) Other circumstances in which the suspect may request a hearing as stipulated by laws, regulations and rules.

The term "large fine" as mentioned in Item (3) of the preceding paragraph refers to a fine of more than 2,000 yuan for individuals, 1 10,000 yuan for units, and more than 6,000 yuan for individuals who violate the laws, regulations and rules on entry and exit management. If a fine is imposed according to local regulations or local government rules, the amount of fine applicable to the hearing shall be implemented according to local regulations.

Article 124 The hearing shall be organized and implemented by the legal department of the public security organ.

If the business department of the public security organ and the entry-exit frontier inspection station with the qualification of independent law enforcement subject make a decision on administrative punishment according to law, the investigators unrelated to the case shall organize a hearing.

Article 127 The hearing shall have a moderator, who shall be responsible for organizing the hearing; The recorder is responsible for making the transcripts of the hearing. When necessary, there may be one or two hearing officers to assist the presiding hearer in the hearing.

The investigators in this case shall not act as the presiding hearer, hearing officer and recorder.

129th participants in the hearing include:

(a) the parties and their agents;

(2) People's police handling cases;

(3) Witnesses, expert witnesses and translators;

(4) Other relevant personnel.

132nd administrative cases to which the hearing procedure is applicable, the case-handling department shall inform the illegal suspect of the administrative punishment to be given and the right to request a hearing after putting forward the punishment opinions.

Article 133 If an illegal suspect requests a hearing, he shall apply within three days after the public security organ informs him.

Article 134 The suspect who violates the law waives the hearing or withdraws the request for hearing, but before the decision on punishment is made, as long as the application for hearing is valid, it shall be allowed.

Article 135 After receiving the application for hearing, the public security organ shall decide whether to accept it within two days. If the applicant's request does not meet the requirements of the hearing and decides not to accept it, it shall make a notice of not accepting the hearing and inform the applicant of the hearing. If the applicant for hearing is not notified within the time limit, it shall be deemed to be accepted.

Article 136 After accepting a hearing, the public security organ shall serve a notice of hearing on the applicant seven days before the hearing is held, and notify other participants of the hearing of the time and place.