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What administrative punishment information should be publicized?
Administrative punishment follows the principle of fairness and openness. 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. Provisions on administrative penalties for illegal acts must be published; Without publication, it shall not be used as the basis for administrative punishment. In administrative punishment, we should also determine the principle of publicity, clarify the scope of publicity, standardize the way of publicity and refine the content of publicity. These steps are very important, and some administrative penalties also need to show relevant case information to facilitate some later things, otherwise it will bring great disadvantages.
The administrative organ shall make a written decision on administrative punishment in accordance with the provisions of Article 38 of the Administrative Punishment Law of the People's Republic of China. The written decision on administrative punishment shall specify the following items:
1. Name and address of the party concerned;
2. Facts and evidence in violation of laws, regulations or rules;
3, the types and basis of administrative punishment;
4, the way and time limit of administrative punishment;
5, refuses to accept the decision on administrative punishment, the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit;
6, the name of the administrative organ that made the decision on administrative punishment and the date of making the decision. The written decision on administrative punishment must be stamped with the seal of the administrative organ that made the decision on administrative punishment.
legal ground
Administrative Punishment Law of the People's Republic of China
Article 3 stipulates that if a citizen, legal person or other organization violates the administrative order and should be given administrative punishment according to this law, it shall be stipulated by laws, regulations or rules, and shall be implemented by administrative organs in accordance with the procedures stipulated in this law. Administrative punishment without legal basis or not following legal procedures is invalid.
Article 39 stipulates that the administrative organ shall make a written decision on administrative punishment in accordance with the provisions of Article 38 of this Law. The written decision on administrative punishment shall specify the following items:
(1) The name and address of the party concerned;
(2) Facts and evidence in violation of laws, regulations or rules;
(three) the types and basis of administrative punishment;
(four) the way and time limit for the performance of administrative punishment;
(five) the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit against the decision on administrative punishment;
(six) the name of the administrative organ that made the decision on administrative punishment and the date of making the decision. The written decision on administrative punishment must be stamped with the seal of the administrative organ that made the decision on administrative punishment.
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