Those who are subject to administrative punishment will have their illegal records in the public security organs. But such records are not open to anyone, and no one has the right to inquire about these materials except the judiciary. Therefore, it will generally not affect the job search, unless it is to take an examination of civil servants.
First, does administrative punishment affect individuals?
Administrative punishment generally has little effect on personal life. However, those who are subject to administrative punishment or criminal punishment will affect themselves, their immediate children, their immediate parents and their spouses to take the civil service examination, recruit students from police schools, military schools, banks and state-owned enterprises. Those who fail the political examination will not be hired.
Public security detention is a kind of administrative punishment, also known as administrative detention. Administrative detention refers to a punishment measure taken by public security organs to restrict personal freedom for citizens who violate administrative legal norms in a short time. Its term is greater than 1 day and less than 15 days. Administrative detention is a punishment for restricting citizens' personal freedom, and it is also a punishment imposed by public security organs in accordance with this law.
Those who are subject to administrative punishment will have their illegal records in the public security organs. But such records are not open to anyone, and no one has the right to inquire about these materials except the judiciary. Therefore, it will generally not affect the job search, unless it is to take an examination of civil servants.
Second, what are the basic principles of administrative punishment?
1, principle of legality. Provisions on administrative penalties for illegal acts must be published; Without publication, it shall not be used as the basis for administrative punishment.
2. The principle of fairness and openness. Article 4 of the Administrative Punishment Law stipulates that administrative punishment follows the principle of fairness and openness.
3. The principle of combining punishment with education. Article 5 of the Administrative Punishment Law stipulates that to implement administrative punishment and correct illegal acts, we should adhere to the combination of punishment and education, and educate citizens, legal persons or other organizations to consciously abide by the law. The establishment and implementation of administrative punishment must be based on facts, which are equivalent to the facts, nature, circumstances and social harm of illegal acts.
4, the principle of protecting the rights of the parties to state. Article 32 of the Administrative Punishment Law stipulates that 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 and evidence presented by the parties are established, the administrative organ shall adopt them.
5, the principle of no longer punishment. Article 24 of the Administrative Punishment Law stipulates that a party shall not be given an administrative penalty of more than two fines for the same illegal act.
Three, what is the scope of application of administrative punishment?
1. Cases with severe punishment, that is, all administrative punishments except warning and fine of 50 yuan are imposed on individuals, and all administrative punishments except warning and fine of 1000 yuan are imposed on organizations.
2 complicated cases, that is, punishment cases that need to be investigated clearly before they can be clarified.
3. Cases in which the parties have different opinions on the fact that law enforcement officers are punished on the spot and cannot make a decision on administrative punishment.
Legal basis: Article 37 of the Administrative Procedure Law of the People's Republic of China, citizens, legal persons or other organizations may first apply to the administrative organ at the next higher level or the administrative organ prescribed by laws and regulations for reconsideration of an administrative case within the jurisdiction of the people's court, and then bring a lawsuit to the people's court if they are dissatisfied with the reconsideration; You can also bring a lawsuit directly to the people's court.