Provisions of Jilin Province on Implementing the Administrative Punishment Law of the People's Republic of China

Article 1 In order to implement the Administrative Punishment Law of the People's Republic of China, ensure that administrative organs exercise the power of administrative punishment according to law, and safeguard the legitimate rights and interests of citizens, legal persons or other organizations, these Provisions are formulated in light of the actual situation of this province. Article 2 Local people's governments at or above the county level and their subordinate administrative organs with administrative punishment rights and organizations authorized by laws and regulations or entrusted by administrative organs according to law shall abide by these provisions. Article 3 When an administrative organ entrusts a relevant organization to exercise the power of administrative punishment according to law, it shall stipulate in writing the entrusted content, authority and corresponding responsibilities, and report them to the legal department of the people's government at the same level for the record. Article 4 The administrative organs and organizations authorized by laws and regulations or entrusted by administrative organs according to law (hereinafter referred to as administrative organs) must implement administrative punishment with clear facts, conclusive evidence, correct application of laws, regulations and rules and legal procedures. Administrative law enforcement personnel must have legal status and produce valid law enforcement certificates when enforcing the law.

The legal documents of administrative punishment must be issued in the name of the administrative organ of the people's government at or above the county level with the power of administrative punishment, and specify the legal matters. Except as otherwise provided by laws and regulations.

A case investigated and handled by an administrative organ at a higher level shall not issue legal documents in the name of an administrative organ at a lower level. Except those involving national security or approved by the provincial people's government.

When an administrative organ at a higher level and an administrative organ at a lower level jointly investigate and handle a case, they shall issue legal documents in the name of the administrative organ at a higher level. Article 5 Administrative organs shall have jurisdiction over cases of administrative punishment in accordance with the following provisions. Except as otherwise provided by laws and regulations.

The administrative organs of the people's governments at the county level that have the power of administrative punishment shall exercise the power of administrative punishment for illegal acts within their respective administrative areas.

The administrative organs of the people's governments of provinces, cities divided into districts and autonomous prefectures with the power of administrative punishment shall have jurisdiction over the following cases of administrative punishment:

(1) Cases with significant influence within their administrative areas;

(2) Complicated foreign-related cases within their respective administrative areas;

(3) Cases that are difficult for lower administrative organs to investigate;

(4) Cases assigned by higher authorities. Article 6 Administrative penalties shall be imposed by administrative organs with jurisdiction according to their functions and powers; Disputes over the jurisdiction of a case shall be settled through consultation by the relevant authorities or submitted to the administrative organ at the next higher level for designation of jurisdiction.

The administrative organ shall, within 3 working days from the date of confirmation, transfer the case to the competent administrative organ or judicial organ for investigation.

When administrative law enforcement activities need different administrative organs to cooperate and jointly enforce the law, the administrative organs with jurisdiction shall investigate and deal with the illegal acts respectively according to their respective duties. For the same illegal act, the administrative penalty of repeated fines shall not be given. Article 7 Before making a decision on administrative punishment, an administrative organ shall fill in a uniformly made notice and serve it on the parties concerned, and file a copy of the notice and a service receipt.

The notification shall specify the facts, reasons and basis of the administrative punishment decision to be made and the rights enjoyed by the parties according to law. Article 8 The administrative organ shall directly serve the legal documents related to administrative punishment on the addressee. Delivery must have a delivery receipt. The addressee shall sign or seal the receipt and indicate the date of receipt. The date of receipt is the date of delivery.

If the addressee refuses to accept the service, the administrative organ shall invite the representatives of relevant grass-roots organizations or units to be present to witness, indicate the reasons and date of refusal on the service receipt, and sign or seal it by the addressee and witness, and leave the service document at the addressee's place, which shall be deemed as service.

If direct delivery is not possible or difficult, it can be delivered in the following ways:

(a) where the addressee is not at the place of service, the adult family members living together shall sign for it;

(2) If the addressee entrusts an agent to the law enforcement organ, the agent shall sign for it;

(3) If the addressee is far away or the traffic is inconvenient, it can be served by registered mail, and the date of receipt indicated on the registered receipt shall be the date of delivery;

(4) If the whereabouts of the addressee are unknown, it may be served by statutory announcement, and it shall be deemed to have been served within 60 days from the date of announcement. Article 9 Where a heavier administrative penalty is imposed on a complicated plot or a major illegal act, the person in charge of the administrative organ shall discuss and decide collectively and put it on record.

A complicated case refers to:

(a) There are discrepancies between facts and evidence;

(2) It is difficult to determine the applicable laws and regulations;

(three) other circumstances that are considered complicated.

Major illegal cases refer to:

The nature of the illegal act is serious or harmful;

The subject of the illegal act has foreign-related factors;

(3) Other acts that are regarded as major violations of the law.

A heavier administrative penalty refers to:

Ordered to stop production and business;

(2) Revoking the license or license;

(3) Impose a fine of more than 2,000 yuan on citizens and a fine of more than 10,000 yuan on legal persons or other organizations. Article 10 Measures taken by administrative organs to register and preserve evidence in advance must be carried out in strict accordance with the law.

During the registration and preservation of evidence, if the parties concerned or relevant personnel destroy or transfer the evidence, which is not serious enough for criminal punishment, the public security organ shall punish it in accordance with the Regulations of the People's Republic of China on Administrative Penalties for Public Security.

The parties have the right to apply for reconsideration of the measures taken by the administrative organ to register and preserve articles unrelated to them; Request administrative compensation for losses caused by improper registration and preservation or illegal overdue registration and preservation.