How is the way of administrative punishment hearing announcement carried out?
Administrative punishment, as an unattainable means of maintaining social order and social management in China. It has played an important role in our country, so how is the hearing announcement of administrative punishment carried out? The following is about how the announcement of administrative punishment hearing is carried out, and this kind of question will be answered in detail for you. Procedures for hearing administrative punishment: 1. Scope of organization of hearing Before making a decision on administrative punishment, the law enforcement unit shall order the suspension of production or business, revoke the license or license, impose a fine of more than 1,000 yuan on individual citizens, impose a fine of more than 10,000 yuan on individual industrial and commercial households, and impose a fine of more than 30,000 yuan on the unit, it shall inform the parties of their right to hearing. If the parties request a hearing, they shall organize a hearing in accordance with this procedure. 2. Hearing organizations and witnesses (1) Organizations authorized by laws and regulations to investigate and deal with cases that are subject to hearing procedures shall organize hearings by themselves; The administrative organ shall organize a hearing for the case investigated and dealt with by the organization entrusted by the administrative organ, and the administrative organ may also designate the entrusted organization to organize the hearing on its own according to needs, and the administrative organ shall send personnel to participate. (2) The presiding hearer shall be appointed by the legal institution of the hearing organization, and may also be entrusted to law enforcement agencies or non-investigators of law enforcement agencies. (3) The hearing organization organ may designate its investigators who are not involved in this case as clerks, who shall be responsible for making transcripts of the hearing and assisting the presiding hearer in organizing the hearing. Iii. Functions and Duties of the Presiding Officer (1) The Presiding Officer shall exercise the following functions and powers: ① Decide on the time, place and method of holding the hearing; (2) Deciding to suspend, terminate or postpone the hearing; (3) decided to witness on the spot. (2) The presiding hearer shall do the following work: ① serve the hearing notice to the participants; (2) Inquire about the cause of the case and the reasons and basis for the proposed administrative punishment decision; (3) requiring the participants in the hearing to provide or supplement evidence; (4) maintain the order of the hearing and stop the violation of the hearing discipline; ⑤ Review the transcripts of the hearing and put forward written opinions. (3) The presiding hearer should withdraw in any of the following circumstances: ① he is the investigator of this case; (2) being a close relative of the party concerned or the investigator in this case; (3) having a direct interest in the case. Participants in the hearing (1) Participants in the hearing refer to the parties and their agents, investigators of this case, witnesses, expert witnesses and translators. (two) the participants in the hearing shall attend the hearing at the designated place on time, abide by the hearing discipline, and truthfully answer the questions of the hearing host. (3) The parties have the following rights: ① Request or abandon the hearing; 2 apply for withdrawal; (3) entrust 1 to 2 people as agents to attend the hearing, and issue a power of attorney to clarify the authority of the agent; (4) make statements, arguments and cross-examinations; ⑤ Review the transcripts of the hearing. (4) During the hearing, the investigators in this case have the right to present the facts and evidence of the party's violation of the law, the administrative punishment decision to be made and the reasons and basis for cross-examination with the party. V. Notification, proposal and acceptance of the hearing (1) Before making a decision on administrative punishment that can apply the hearing procedure, the investigators shall serve the parties with a notice of hearing. (2) The notice of hearing shall specify the following main items: ① the names of the parties; (2) the illegal acts of the parties, the administrative punishment decision to be made, and the reasons and basis; (3) the parties have the right to request a hearing; The time limit for the parties to request a hearing and the name of the hearing organization. (three) the hearing notice can be served directly, by proxy or by registered mail. (four) if a party requests a hearing, it shall, within 3 days from the date of receiving the hearing notice, submit a written request for a hearing to the law enforcement unit; If the request for hearing is made by registered mail, the postmark date at the time of mailing shall prevail. (five) if the request for hearing by the parties exceeds the prescribed time limit, the law enforcement unit shall, within 3 days from the date of receiving the written request for hearing from the parties, inform in writing that the hearing will not be held, and explain the reasons. Vi. Holding of Hearing (1) The presiding hearer shall, within 2 days from the date of accepting the hearing request of the parties, determine the time, place and method of holding the hearing, and serve the notice of hearing on the parties 7 days before the hearing is held. (2) The notice of hearing shall specify the following items: ① the names of the parties; (2) the time, place and manner of holding the hearing; (3) the name of the presiding hearer or the clerk; (4) the parties have the right to apply for withdrawal; (5) evidence prepared by the parties and notified witnesses, etc. (3) Before the hearing begins, the presiding hearer should do the following work: ① Check the identities of the participants in the hearing; (2) announce the hearing discipline; (3) ask the parties whether to apply for withdrawal. If a party applies for withdrawal, the presiding hearer shall announce the suspension of the hearing and report to the person in charge of the hearing organization to decide whether to withdraw. (4) When holding a hearing, it shall be conducted in the following order: ① The host announces the beginning of the hearing; (2) the investigators put forward the facts, evidence, punishment suggestions and reasons for the violation of the law by the parties; (3) the investigator gives evidence to the host, and the parties cross-examine the evidence given by the investigator; (4) the parties make statements and arguments. (5) A written record of the hearing shall be made, and the following items shall be stated in the written record of the hearing: ① the cause of action; (2) the names and addresses of the participants in the hearing; (3) the name of the presiding hearer and the clerk; (4) the time, place and method of holding the hearing; (5) the facts, evidence, punishment suggestions and reasons put forward by the investigators in this case; 6 statements, defenses and cross-examination of the parties; ⑦ Signature or seal of hearing participants. (6) After the hearing is over, the presiding hearer or the clerk shall submit the transcripts of the hearing to the parties and the investigators of this case for verification and then sign or seal them. If the parties refuse, the presiding hearer or the clerk shall indicate them in the transcripts of the hearing. The witness's testimony in the transcript of the hearing shall be signed or sealed by the witness after examination and verification. The presiding hearer shall review the transcripts of the hearing, put forward written opinions on whether the illegal facts of the parties are established, and sign or seal them. (7) The person in charge of the hearing organization organ shall make a specific decision according to the written opinions and transcripts of the hearing on whether the illegal facts of the parties are established put forward by the presiding hearer and the provisions of Article 38 of the Administrative Punishment Law of the People's Republic of China. If an organization entrusted by an administrative organ organizes a hearing on its own, its decision on administrative punishment shall be examined and agreed by the administrative organ. (8) In any of the following circumstances, the hearing shall be suspended: (1) The party is disabled or the organization is dissolved, and it is necessary to clarify the successor of rights and obligations; (2) The parties concerned or the investigators in this case are unable to attend the hearing due to force majeure; In the process of hearing, it is necessary to re-investigate or identify the relevant evidence; (4) other circumstances that need to suspend the hearing. After the suspension of the hearing is eliminated, the presiding hearer shall resume the hearing. (9) In any of the following circumstances, the hearing shall be terminated: (1) The party concerned has died or the organization has been dissolved for three months, and the successor of rights and obligations has not been determined; (2) the parties concerned do not participate in the hearing without justifiable reasons; ③ There are other circumstances that need to terminate the hearing. Seven, the cost of organizing the hearing shall be borne by the hearing organization. Notify the punisher and relevant units to participate. This kind of hearing is organized by the relevant administrative punishment unit or the unit entrusted by the administrative unit, mainly to listen to the opinions of all parties and explain the administrative laws and regulations of our country, so as to achieve effective law enforcement and avoid the resistance of the case.