There are seven kinds of administrative penalties stipulated in Article 8 of the Administrative Punishment Law: warning; Fines; Confiscation of illegal income and property; Ordered to stop production and business; Suspend or revoke the license, suspend or revoke the license; Administrative detention; Other administrative penalties prescribed by laws and administrative regulations.
According to this provision, combined with the provisions of the statistics law, the types of statistical administrative punishment in China are:
(1) warning (a disciplinary action). It refers to condemning and warning citizens, legal persons or other organizations for violating administrative regulations. Its purpose is to declare that the offender has violated the law through a kind of mental punishment, and make him not break the law in the future, otherwise he will be punished more severely.
In statistical laws and regulations, warnings mainly apply to the following situations:
1 Violation of the Statistics Law and its implementing rules: enterprises, institutions and individual industrial and commercial households falsely report, conceal, forge, tamper with, refuse to report, and repeatedly delay reporting statistical data.
Violation of the National Economic Census Regulations: enterprises, institutions and self-employed households refuse or hinder economic census institutions and economic census personnel from conducting investigations according to law; Providing false or incomplete economic census data; Failing to provide the relevant information of the economic census on time, and still failing to provide it after being urged.
Violation of the National Agricultural Census Regulations: agricultural production and business units and agricultural production and business households refuse or hinder the census office and census personnel from conducting investigations according to law; Providing false or incomplete agricultural census data; Failing to provide information related to the agricultural census on time and failing to provide it after being urged; Refusing, prevaricating or obstructing the law enforcement inspection of agricultural census conducted according to law; Transferring, concealing, tampering with or destroying original records, statistical ledgers, census forms, accounting materials and other relevant materials when accepting the law enforcement inspection of agricultural census.
In addition, the warning also applies to violations of Article 38 of the Regulations on Statistical Law Enforcement Inspection, Articles 25 and 28 of the Measures for the Qualification of Statistical Practitioners, Article 15 of the Measures for the Administration of National Statistical Investigation Certificates, and Article 33 of the Measures for the Administration of Foreign-related Investigations.
(2) fine (a kind of property punishment). It refers to a punishment that the administrative organ forces the actor to pay a certain amount of money, thus damaging or depriving the actor of part of his property rights according to law. Fine is to deprive the actor of his property rights according to law, regardless of whether the actor violates the property rights of others, as long as it violates laws and regulations; Those who endanger administrative order may be fined according to law.
In addition to the 1-3 situation to which the above warning applies, the fine also applies to acts that violate Article 38 of the Regulations on Statistical Law Enforcement Inspection, Article 25 of the Measures for the Identification of Statistical Professional Qualifications, and Articles 31 to 33 of the Measures for the Administration of Foreign-related Investigations.
(3) Confiscation of illegal income (a property penalty). It refers to the form of punishment that the administrative organ nationalizes the property obtained by the actor through illegal acts according to law. Illegal income is the property obtained by the actor through illegal means. Confiscation of illegal income is essentially a kind of recovery, not the price paid by the offender for illegal behavior. [Page]
Confiscation of illegal income is mainly suitable for using statistical investigation to harm public interests and engage in fraudulent activities.