The Administrative Punishment Law and the Public Security Administration Punishment Law are two different laws in China's legal system, which are different in legislative purpose, adjustment scope, punishment types, punishment procedures, applicable subjects and so on.
The purpose of legislation is different. The Administrative Punishment Law mainly regulates the administrative punishment of administrative organs, protects the legitimate rights and interests of citizens, legal persons or other organizations, and maintains public interests and social order. The Law on Public Security Administration Punishment focuses on maintaining social order, ensuring public safety, protecting citizens' legitimate rights and interests, and punishing those who violate public security administration.
The adjustment range is different. The administrative punishment law has a wide scope of application, including administrative punishment acts implemented by administrative organs at all levels; The Public Security Administration Punishment Law is mainly applicable to the public security organs to punish those who violate public security administration.
The types and procedures of punishment are different. There are many kinds of administrative penalties, including warnings, fines, confiscation of illegal income, ordering to stop production and business, and revocation of licenses. , which usually requires filing, investigation, hearing and other procedures; There are relatively few kinds of penalties for public security management, mainly including warnings, fines and detention. The punishment procedure is relatively simple, and it is generally decided by the public security organ directly.
Applicable to different objects. In addition to the public security organs, the administrative subjects of administrative punishment include tax, industry and commerce, finance, planning, customs, ports, foreign exchange and other administrative subjects; The administrative subjects of public security management punishment are mainly public security organs and their staff, including public security police and some township governments authorized by public security organs.
The right remedy is different. If the relative person of administrative punishment refuses to accept the punishment, he may apply for administrative reconsideration first, and then bring an administrative lawsuit if he refuses to accept the administrative reconsideration; If the counterpart refuses to accept the punishment of public security administration, he can only apply for administrative reconsideration first, and then bring an administrative lawsuit if he refuses to accept the administrative reconsideration.
These differences make the administrative punishment law and the public security management punishment law have their own specific application scenarios and functions in legal practice.
To sum up, there is a certain overlap between the administrative punishment law and the public security administration punishment law, but there are big differences.
Legal basis:
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 7
The public security department of the State Council is responsible for public security management throughout the country. The public security organs of the local people's governments at or above the county level shall be responsible for the administration of public security within their respective administrative areas.
The jurisdiction of public security cases shall be stipulated by the public security department of the State Council.
Administrative Punishment Law of the People's Republic of China
Article 15
Administrative punishment shall be implemented by administrative organs with the power of administrative punishment within the scope of statutory functions and powers.