The difference between public security management punishment and administrative punishment

There are similarities and differences between public security management punishment and administrative punishment in the legal types of punishment. Below, let's talk about the difference between public security management punishment and administrative punishment in detail.

First, the difference between public security management punishment and administrative punishment

1, different subjects

The administrative subjects of public security punishment can only be public security organs and their staff, that is, public security police and some township governments authorized by public security organs; In addition to the public security organs, the administrative subjects of administrative punishment also include tax, industry and commerce, finance, planning, customs, ports, foreign exchange and other administrative subjects. Therefore, under normal circumstances, the words "public security management" should be added to the administrative punishment applicable to public security management.

2. The application basis is different.

Public security punishment can only be applied to the regulations on administrative penalties for public security, and administrative penalties can be applied to other administrative laws other than the regulations on administrative penalties for public security. Illegal possession and use of counterfeit money shall be governed by the Banking Law; Drug abuse and drug injection are governed by the Anti-Drug Decision.

3. Different punishments

Public security punishment only stipulates warning, fine and detention.

Species; In addition, there are other administrative penalties, such as ordering to stop production and business, revoking or temporarily withholding permits and licenses. Whether detention is applicable or not is different from the amount of fine.

4. The formats of applicable legal documents are different.

The format of legal documents applicable to public security punishment, such as the Approval Form for Public Security Administration Punishment, the Award for Public Security Administration Punishment, and the Book of Public Security Administration Punishment on the Spot. However, administrative punishment documents are different, such as the approval form of public security administrative punishment, the decision of public security administrative punishment, and the decision of punishment on the spot.

5. The payment methods of liquidated damages are different

Fines, decisions and collection in public security punishment shall be executed by public security organs; In administrative punishment, the system of separation of penalty and payment is generally implemented, and the decision of penalty is executed by the administrative organ and the collection of penalty is executed by the bank.

6. Different implementation methods

In public security punishment, if the counterpart refuses to execute it, the public security organ may apply for compulsory execution or the people's court for compulsory execution; In administrative punishment, administrative organs and authorized organizations other than public security, taxation and customs cannot apply compulsory measures, but can only apply to the people's court for compulsory execution.

7. Different rights remedies

The relative person who refuses to accept the public security punishment can only apply for administrative reconsideration first, and then bring an administrative lawsuit if he refuses to accept the administrative reconsideration; Administrative penalties are different, and some can only bring administrative proceedings; Some can only apply for administrative reconsideration; Some choose between the two, and if they choose, they cannot be changed; Some can apply for administrative reconsideration and bring an administrative lawsuit. After choosing administrative reconsideration, if you are not satisfied with the administrative reconsideration, you can also bring an administrative lawsuit.

Two, what is the public security management punishment? What is administrative punishment?

Administrative punishment refers to a specific administrative act that an administrative organ or other administrative subject gives administrative sanctions to the relative person for acts that violate administrative regulations and do not constitute a crime according to law.

Public security management punishment refers to the punishment given by public security organs for acts that disturb public order, endanger public safety, infringe on personal rights and property rights, and hinder social management, which are socially harmful and not serious enough for criminal punishment.

To sum up, we can know that public security punishment is subordinate to administrative punishment as a whole and is one of its important components, but it will be different in specific aspects such as execution means and punishment methods.