6.2typesandcreationofadministrativepenalty.pptVIP

Administrative LawDr. He Chench1797@ Chapter 6: Administrative Penalty General Introduction Types and Creation of Administrative Penalty Jurisdiction(管辖权限) and Application of Administrative Penalty Procedures of Administrative Penalty 6.1 General Introduction 6.1.1 definition Administrative penalty is the specific administrative act of imposing sanction lawfully by administrative subject with the power of administrative penalty on citizens, legal persons and other organizations having violated administrative law. The Law of the PRC on Administrative Penalty was implemented on Oct. 1, 1996 6.1.2 difference between administrative penalty and relevant concepts administrative penalty and criminal penalty Subjects: administrative subject/judicial organ Natures: administrative act/judicial act Objects: normal violator/ serious violator Manners: education/ pulish Procedures: /strict and complicated administrative penalty and administrative sanction Decisions-making organs Application field Objects Manners Ways of remedies 6.1. 3 principles of administrative penalty Principle of punishment as stipulated by law Principle of justice and equality Principle against double penalty Principle of combination of penalty and education Principle of guarantee for counterparts’ rights 6.2 Types and Creation of Administrative Penalty 6.2.1 types and forms personal penalty Administrative detention is the short-term restriction of the freedom of persons who break the law. The power of creation of administrative detention only belongs to NPC and its standing committee, and the power of enforcement only belongs to public security organs and may not be authorized or entrusted to other organs or organizations. Law on Penalties for Administration of Public Security , 2005 capacity penalty 1)the restriction and deprivation of illegal acts “Ordering for suspension of production or business” 2)deprivation and restriction of delinquents’(违法者,lawbreaker) specific behavioral c