Can you explain the interpretation of the Law on Public Security Administration Punishment in detail?

With the continuous development of China's economic and social life, the social security situation has also undergone great changes, and the law on public security management punishment has attracted more and more attention.

1. What is the punishment procedure in the Law on Public Security Administration Punishment?

(1) Simple program:

The case is simple and the causal relationship is clear. If the punished person admits the illegal facts, he can give a warning on the spot or impose a fine of not more than 50 yuan. If the punished person has no difference and does not involve other illegal crimes, he can impose a fine of not less than 50 yuan but not more than 200 yuan on the spot. A legal person or other organization may be fined on the spot 1000 yuan; Law enforcement officers who implement on-the-spot punishment shall show their certificates to prove their law enforcement identity to the parties, fill in the decision on on-the-spot punishment and deliver it to the parties on the spot.

(2) General procedure:

(1) Summon. If the public security organ needs to summon a person who violates the administration of public security, it shall use the "Summoning Certificate". Those who violate the administration of public security found on the spot may be summoned orally. If a person refuses to accept or evade the summons without justifiable reasons, the public security organ may compel the summons. The compulsory way should be limited to summoning the summoned person to the public security organ, and if necessary, the equipment can be used with the approval of the person in charge above the director of the police station.

Those who violate the administration of public security shall be interrogated and verified in time after being summoned by the public security organ. If the situation is complicated, the time for interrogation and verification of detention and punishment in accordance with the regulations on administrative penalties for public security shall not exceed 24 hours.

(2) listening. If an individual is fined more than 2,000 yuan, or a legal person or other organization is fined more than 10000 yuan, and the relevant license is revoked, the party concerned shall be informed of the right to request a hearing before making the punishment; If a party requests a hearing, the public security organ shall organize a hearing. The parties concerned shall not bear the expenses for the hearing organized by the administrative organ. The hearing shall be organized in accordance with the following procedures:

(1) If a party requests a hearing, it shall put it forward within three days after the public security organ informs it;

The public security organ shall notify the parties of the time and place of the hearing seven days before the hearing;

(3) The hearing shall be held in public unless it involves state secrets, commercial secrets or personal privacy;

(four) the hearing shall be presided over by the legal department of the public security organ; If the parties think that the host has a direct interest in the case, they have the right to apply for withdrawal;

The parties may attend the hearing in person or entrust one or two persons as agents.

(3) inform. Before making a punishment decision, the public security organ shall inform the parties of the facts, reasons and basis for making the punishment decision, and inform the parties of their rights according to law. The parties have the right to make statements and defend themselves. The public security organ must fully listen to the opinions of the parties and review the facts, reasons and evidence put forward by the parties; If the facts, reasons or evidence put forward by the parties are established, the public security organ shall adopt them. Before making a decision on punishment, if the parties are not informed of the facts, reasons and basis of punishment, or refuse to listen to the statements and arguments of the parties, the decision on punishment cannot be established; Unless the parties give up their right to state or defend themselves.

(4) affirmation. The award shall be filled in immediately and announced to all parties. The award shall be handed over to the adjudicated person. If there is an infringed person in the case of public security punishment, the public security organ may notify the infringed person of the result in written or oral form.

(5) execution.

① Execution of detention: The person who is punished by detention shall go to the designated detention center for punishment within 24 hours. If you refuse to accept punishment or resist execution in a detention center for more than 24 hours without justifiable reasons, you can use mechanical tools to enforce it with the approval of the person in charge above the director of the police station. During the detention, the detainee's food expenses shall be borne by himself.

② Execution of fines:

Collect it on the spot. The fines imposed on the spot are below 20 yuan and the fines that are difficult to implement after not being collected on the spot, and the law enforcement officers shall collect them on the spot; In remote, water and inaccessible areas, after the public security organs and their public security personnel make a fine decision in accordance with the Regulations on Administrative Penalties for Public Security, the parties concerned shall pay the fine at the designated bank. If it is really difficult, they may collect it on the spot at the request of the parties concerned.

Pay at the designated bank. In addition to the circumstances specified in the preceding paragraph, other fines shall be notified to the parties concerned to pay at the designated bank within a time limit. Those who fail to pay within the time limit may be fined from one yuan to five yuan per day. Those who refuse to pay the fine may be detained for not more than ten days, and the fine shall still be enforced.

(3) Compensation for losses and execution of medical expenses: if an award is made to compensate for losses or bear medical expenses, the expenses shall be transferred to the ruling organ within five days after receiving the award; If the amount is large, you can pay by installment. Refuses to pay, the ruling organ shall notify the unit to which it belongs to deduct it from my salary, or seize its property to offset it. In public security cases such as fighting and damage to other people's property caused by civil disputes, if it is necessary to compensate for losses or bear medical expenses, if no agreement is reached or an agreement is reached through mediation, the parties concerned shall be informed to bring a lawsuit to the local people's court as a civil case.

3. Complaints and prosecutions

If the person sentenced to public security punishment or the infringed person refuses to accept the decision of the public security organ, he may appeal to the public security organ at the next higher level within five days after receiving the notice; The public security organ at the next higher level shall make a reconsideration decision within five days after receiving the complaint (excluding the time for sending the file, legal holidays and the time for the public security organ at the next higher level to investigate and collect evidence outside the urban area, the time for the case handlers to be on the way and the time for waiting for witnesses). Anyone who refuses to accept the reconsideration decision of the public security organ at the next higher level may bring a lawsuit to the local people's court within five days after receiving the notice.

If a complaint or lawsuit is filed against the administrative penalty for public security, the original ruling will continue to be executed during the complaint and lawsuit. If the detainee or his family members can find a guarantor or pay a deposit in accordance with the regulations, the original ruling shall be suspended during the appeal and litigation. When the award is revoked or execution begins, the deposit shall be refunded in accordance with the regulations.

Second, the characteristics of public security management punishment

From the perspective of comparative law, China's public security management punishment has the following four remarkable characteristics:

(1) From the point of view of the subject of punishment, China's public security management punishment implements a "single system" punishment system, and the power of public security management punishment in China is exercised by the public security organs.

(2) From the point of view of punishment procedure, China's public security management punishment completely adopts administrative processing procedure.

(3) From the perspective of sanctions, China's public security management punishment belongs to intermediate sanctions. As a heavier administrative punishment, public security management punishment is closely related to punishment in China. In China's legal sanctions system, public security management punishment belongs to intermediate sanctions.

(4) From the point of compulsory punishment, China's public security management punishment is compulsory for the police.

Legal objectivity:

Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: (1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others; (3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment; (4) Threatening, insulting, beating or retaliating against witnesses and their close relatives; (5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others; (six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.