A fine of 5,000 yuan constitutes a hearing condition. If the company requests a hearing, it shall submit it in written or oral form within three days from the date of receiving the notice of administrative punishment. If it is submitted orally, the investigators of the case shall put it on record and sign it by the parties. The purpose of setting up hearing procedure in administrative punishment is to ensure the legality and justice of administrative punishment, to protect the legitimate rights and interests of the parties from infringement, and to urge administrative organs to implement administrative punishment according to law.

Legal analysis

According to relevant laws and regulations, if laws, regulations and rules have no maximum fines for certain illegal acts, citizens shall be fined more than 1000 yuan for illegal acts in non-business activities, and more than 5,000 yuan for illegal acts of legal persons or other organizations. Impose a fine of more than 3,000 yuan on illegal acts of citizens in business activities, and impose a fine of more than 10,000 yuan on illegal acts of legal persons or other organizations, which is a relatively large fine. There is a maximum fine for a certain kind of illegal behavior, including the specific fine amount and the percentage and multiple of illegal income. If the fine exceeds 50% of the maximum fine, it is a relatively large fine. However, fines for illegal activities in non-business activities are less than 1000 yuan, and fines for illegal activities in business activities are less than 3,000 yuan, which are not considered as large fines. If the administrative organ needs to set a fine standard for a large amount higher or lower than the above provisions, it shall be submitted to the provincial people's government for approval and announced to the public 30 days before implementation.

legal ground

"Administrative Punishment Law of the People's Republic of China" Article 42 Administrative punishment shall be imposed by law enforcement officers with administrative law enforcement qualifications. The number of law enforcement personnel shall not be less than two, unless otherwise stipulated by law. Law enforcement personnel should enforce the law in a civilized manner and respect and protect the legitimate rights and interests of the parties concerned.

Thirty-eighth administrative punishment without basis or subject does not have the qualification of administrative subject is invalid. If the violation of legal procedures constitutes a major and obvious violation of the law, the administrative punishment shall be invalid.