When the illegal act constitutes a crime and the people's court imposes a fine, if the administrative organ has imposed a fine on the party concerned, the corresponding fine shall be reduced.
Article 29? If no illegal acts are found within two years, no administrative punishment will be given. Except as otherwise provided by law.
The time limit specified in the preceding paragraph shall be counted from the date when the illegal act occurs; If the illegal act has a continuous or continuous state, it shall be counted from the date when the act ends.
Article 30? If a citizen, legal person or other organization violates the administrative order and should be given administrative punishment according to law, the administrative organ must ascertain the facts; If the illegal facts are unclear, no administrative punishment shall be given.
Article 31? Before making a decision on administrative punishment, the administrative organ shall inform the parties of the facts, reasons and basis for making the decision on administrative punishment, and inform the parties of their rights according to law.
Article 32? The parties have the right to make statements and defend themselves. The administrative organ must fully listen to the opinions of the parties and examine the facts, reasons and evidence put forward by the parties; If the facts, reasons or evidence put forward by the parties are established, the administrative organ shall adopt them.
Article 33? If the illegal facts are conclusive and there is a legal basis, a decision on administrative punishment may be made on the spot if a citizen is given an administrative penalty of less than 50 yuan or a legal person or other organization is given a fine of less than 1000 yuan or a warning. The parties concerned shall implement the decision on administrative punishment in accordance with the provisions of Articles 46, 47 and 48 of this Law.
Article 34? If a law enforcement officer makes a decision on administrative punishment on the spot, he shall show his law enforcement identity certificate to the party concerned and fill in the written decision on administrative punishment in a predetermined format and number. The written decision on administrative punishment shall be delivered to the parties on the spot.
The written decision on administrative punishment prescribed in the preceding paragraph shall specify the illegal act of the party concerned, the basis of administrative punishment, the amount, time and place of the fine and the name of the administrative organ, and shall be signed or sealed by the law enforcement personnel.
The decision on administrative punishment made by law enforcement officers on the spot must be reported to the lower administrative organ for the record.
Article 35? If a party refuses to accept the decision on administrative punishment made on the spot, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 36? In addition to the administrative punishment that can be imposed on the spot as stipulated in Article 33 of this Law, if an administrative organ finds that a citizen, a legal person or any other organization has committed an act that should be given administrative punishment according to law, it must conduct a comprehensive, objective and impartial investigation and collect relevant evidence; When necessary, inspection can be conducted in accordance with the provisions of laws and regulations.
Article 37? When an administrative organ conducts an investigation or inspection, there shall be no less than two law enforcement personnel, and they shall show their certificates to the parties concerned or relevant personnel. The parties concerned or relevant personnel shall truthfully answer the inquiry and assist in the investigation or inspection, and shall not obstruct it. A record shall be made of the inquiry or inspection.
When collecting evidence, the administrative organ may adopt the method of sampling for evidence collection; In the case that the evidence may be lost or difficult to obtain later, it may be registered and preserved in advance with the approval of the person in charge of the administrative organ, and a decision on handling it shall be made in time within seven days. During this period, the parties concerned or relevant personnel shall not destroy or transfer the evidence.
Law enforcement officers who have a direct interest with the parties concerned shall withdraw.
Article 38? After the investigation, the person in charge of the administrative organ shall review the results of the investigation and make the following decisions according to different situations.