Legal information

Article introduction: Interpretation of the "Administrative Penalty Law", which institutions can set administrative penalties?

Part One: Original text of the law

Article 14 of the "Administrative Penalty Law" stipulates that, except for the provisions of Articles 9, 10, 11, 12 and 13 of this Law, other normative documents shall not set administrative penalties. This article is a prohibitive provision for setting administrative penalties on other normative documents.

Part 2: Legal Analysis

1. Our country’s legal system, or legislative system, is unified and hierarchical. Laws are formulated by the National People's Congress and its Standing Committee, administrative regulations are formulated by the State Council, local regulations are formulated by the People's Congresses and their Standing Committees of provinces, autonomous regions, and municipalities directly under the Central Government, departmental regulations are formulated by ministries and commissions of the State Council, and local government regulations are formulated by the governments of provinces, autonomous regions, municipalities directly under the Central Government, provincial capitals, and larger cities. Administrative regulations, local regulations, and rules cannot conflict with the law.

2. In line with this legislative system, my country's legal structure presents a multi-level framework, which consists of laws, administrative regulations, local regulations, departmental regulations, local regulations and other levels. The Yingting demolition team learned that in addition, there are numerous normative documents from cities, prefectures, and counties that do not have legislative power. The actual situation is that the further down the normative documents go, the more directly related to the vital interests of the masses, that is, the "more effective" they are. In order to legislatively solve the problem of excessive punishment, this law sets very strict limits on the setting of administrative penalties:

(1) The law can set various administrative penalties. Administrative penalties that restrict personal freedom can only be prescribed by law; (Article 9)

(2) Administrative regulations may set administrative penalties other than restricting personal freedom. If there are provisions for administrative penalties in the law, they cannot exceed their scope; (Article 10)

(3) Local regulations can set administrative penalties other than restricting personal freedom and revoking business licenses. If laws and administrative regulations have provided for administrative penalties, they cannot exceed their scope; (Article 11)

(4) The regulations of ministries and commissions under the State Council may set administrative penalties of warnings and a certain amount of fines. If laws and administrative regulations already provide for administrative penalties, their scope cannot be exceeded; (Article 12)

(5) The government regulations of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, provincial capital cities, and larger cities approved by the State Council may set administrative penalties of warnings or a certain amount of fines. If there are administrative penalty provisions in laws, administrative regulations, and local regulations, they cannot exceed the scope of their provisions. (Article 13)

(6) This law also clearly states prohibitive provisions, that is, in addition to the above provisions, any institution other than the above-mentioned institutions is not allowed to set administrative penalties in normative documents, otherwise it will be illegal.

Yingting reminds you:

1. According to the relevant laws and regulations of our country, the expropriated and demolished persons can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.

2. In our country, land acquisition and demolition activities are regulated by basic laws and local policies, but because individual cases are different, generalizations cannot be made. If you have questions about whether you can receive compensation, the share of compensation, the amount of compensation, etc.; or your company is facing issues such as vacating, demolition, environmental protection shutdown, etc. Please consult a professional land acquisition and demolition lawyer to provide professional advice to protect your legal rights and interests.