Document structure and production requirements
1. Document structure
This document is a multi-joint filling-in document with a unified predetermined format. It is made in triplicate, the first copy is filed, the second copy is submitted to the punished unit, and the third copy is submitted to the people's court for compulsory execution when necessary. It includes three parts: the head, the body and the tail.
2. Production requirements
(1) The header includes document title and document number.
Title of the document-that is, the decision of administrative punishment on the spot.
Document number-format: the serial number of the nature [year] of the law enforcement category for short in the region, such as (Han) No.25 [2006] of the drug punishment.
(2) The text includes the unit (person) to be punished, illegal facts, violation of clauses, basis of punishment, and types and extent of punishment.
Punished unit (person)-fill in the name, address, legal representative (person in charge) name, gender, age and position.
Illegal facts-illegal acts with simple case, clear facts and minor circumstances found by law enforcement officers during on-site inspection, which should be concise and to the point and proved by relevant evidence. The evidence can be either documentary evidence or physical evidence obtained during the on-site inspection, or the on-site inspection record.
The basis of punishment-including the violated legal provisions and the basis of punishment, should specify the full name of laws and regulations and the specific articles, paragraphs and items on which they are based.
The type and range of punishment-it must be within the type and range of punishment stipulated in Article 33 of the Administrative Punishment Law.
(3) The tail includes the notification, the signatures and dates of the parties and law enforcement personnel, and the official seal of the administrative department.
Informed matters-inform the way to pay the fine, that is, the name and address of the bank that collects the fine; Inform the parties of their right to appeal according to law, that is, the time limit and ways to file an administrative reconsideration or apply for an administrative lawsuit if they refuse to accept the punishment decision; Failing to perform the punishment decision within the time limit, the measures to be taken by the administrative organ that made the punishment decision, etc.
Signature and date of the parties-the signature of the parties is the delivery date, and the date of endorsement is the delivery date.
Signature and date of law enforcement officers —— More than two law enforcement officers must sign and date, and the date indicated is the date when the administrative penalty decision is made.
Official seal-the official seal of the administrative organ.
Matters needing attention in production
1. The basic information of the parties should be filled in completely without omission.
2. After law enforcement officers fill out the Decision on Administrative Punishment on the Spot, they shall read it out on the spot and deliver it to the parties concerned, but not afterwards. Reading it out on the spot is equivalent to informing in advance, and the parties concerned should listen carefully if they have stated their arguments.
3 parties and law enforcement officers should fill in the "decision on administrative punishment on the spot" on the same date.
4. Strictly grasp the scope of application of punishment on the spot. The Decision on Administrative Punishment on the Spot is only applicable to a small amount of fines warned and stipulated. No matter how small the amount and amount of confiscated goods and illegal gains are, this instrument cannot be used.
5. Law enforcement officers should report the punishment on the spot to their subordinate administrative organs for the record within 7 days from the date of making the punishment on the spot.
6. In summary procedure, it mainly refers to the way of fine execution. One is to pay on the spot, and the conditions for paying on the spot are carried out in accordance with the provisions of Articles 47 and 48 of the Administrative Punishment Law. In this case, it is necessary to issue a receipt for the fine issued by the financial department to the parties concerned, and law enforcement officers should pay the fine to the bank in strict accordance with the relevant regulations. Another way is for the parties to pay the fine directly to the designated bank. If you pay the fine in this way, you should clearly fill in the name and address of the designated bank.
Legal basis:
Civil Procedure Law of the People's Republic of China
Article 88 The service of litigation documents shall be delivered directly to the addressee. If the person to be served is a citizen, I will not give it to his adult family to sign for it; If the addressee is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal person in charge of other organizations or the person in charge of the receipt of the legal person or organization; If the addressee has an agent ad litem, he may send it to his agent for signature; If the addressee has designated the agent to the people's court, it shall be sent to the agent for signature.
The service date is the date when the adult family members, legal persons or other organizations responsible for receiving, agents ad litem or agents of the addressee sign the receipt.