Legal information

Article introduction: Which administrative agencies have the power to impose administrative penalties on enterprises?

Part One: Administrative penalties are implemented by administrative agencies with the power to impose administrative penalties within the scope of their statutory powers.

Under normal circumstances (exceptions will be discussed below), only administrative agencies with the power to impose administrative penalties can implement administrative penalties; and they must be implemented within the legal scope. First of all, the administrative agencies that implement administrative penalties must have the power to impose administrative penalties. This power is granted by the state. The administrative agencies with the power to impose administrative penalties are stipulated in national laws or administrative regulations. These administrative agencies have administrative penalty powers that are commensurate with the objects they manage. Secondly, administrative penalties must be implemented within the legal scope of authority of the administrative agency. Different administrative agencies have different jurisdictions.

Part 2: The State Council or the people's governments of provinces, autonomous regions, and municipalities authorized by the State Council may decide on an administrative agency to exercise the power of administrative punishment of the relevant administrative agency, but the power of administrative punishment that restricts personal freedom can only be exercised by the public security agency.

This law stipulates that an administrative agency can exercise the administrative penalty power of other administrative agencies. Of course, the authorization requirements for such administrative agencies are very strict and must be decided by the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government authorized by the State Council. In addition, this article also emphasizes that administrative penalties that restrict personal freedom can only be exercised by the public security organs. This provision is relatively strict, because in our country, the power of administrative punishment to restrict personal freedom can only belong to the public security organs, which is necessary to protect citizens' personal rights.

Part 3: Organizations authorized by laws and regulations with the function of managing public affairs may implement administrative penalties within the scope of statutory authorization.

According to the provisions of this article, organizations with the function of managing public affairs may also become the subject of administrative penalties, but they must meet certain conditions. First, the organization must be authorized by laws and regulations; secondly, the organization must have the function of managing public affairs; thirdly, the organization authorized by laws and regulations with the function of managing public affairs must implement administrative penalties within the scope of its statutory powers.

Part 4: In accordance with the provisions of laws, regulations or rules, administrative agencies may entrust organizations that meet the conditions specified in Article 19 of this Law to implement administrative penalties within their legal authority. Administrative agencies may not entrust other organizations or individuals to implement administrative penalties.

The Yingting Demolition Group learned that the entrusted administrative agency should be responsible for supervising the implementation of administrative penalties on the entrusted organization and bear legal responsibility for the consequences of this behavior. The entrusted organization shall implement administrative penalties in the name of the entrusting administrative agency within the scope of entrustment; it shall not entrust any other organization or individual to implement administrative penalties.

The administrative agency or organization entrusted to implement administrative penalties is a supplement to the subject that implements administrative penalties. However, in order to prevent arbitrary punishment, it is necessary to restrict the entrustment of administrative penalties. This article strictly stipulates the procedures for administrative entrustment and the responsibilities of the entrusting agency.

1. Administrative agencies can only entrust the power of administrative penalties to organizations that meet the conditions stipulated in Article 19 of this Law. Administrative agencies may not entrust other organizations or individuals to implement administrative penalties. Article 19 of this Law stipulates: "The entrusted organization must meet the following conditions: (1) It is a public institution established in accordance with the law to manage public affairs; (2) It has staff members who are familiar with relevant laws, regulations, rules and business; (3) If technical inspection or technical appraisal is required for illegal activities, it shall have the conditions to organize the corresponding technical inspection or technical appraisal." (The specific content of this article will be discussed below.)

2. Administrative agencies can only make entrustments within their legal authority in accordance with the law. Entrustment by administrative agencies must be clearly stipulated in laws, regulations or rules.

3. An organization entrusted to implement administrative penalties shall implement administrative penalties in the name of the entrusted administrative agency within the scope of entrustment. The entrusted administrative agency shall be responsible for supervising the implementation of administrative penalties by the entrusted organization and bear legal responsibility for the consequences of this behavior. The entrusted administrative agency shall be responsible for supervising the administrative penalties implemented by the entrusted administrative agency or organization, and shall bear legal responsibility for the consequences of such acts. The entrusted administrative agency actually implements administrative penalties on behalf of the entrusted administrative agency, that is, it implements administrative penalties in the name of the entrusted administrative agency within the scope of the entrusted authority. If the entrusted administrative agency or organization violates the law and implements administrative penalty powers, the entrusting agency shall bear the legal consequences. Therefore, the entrusting agency must supervise the entrusted agency, which is actually the protection of its own rights and interests.

4. The entrusted organization shall not entrust any other organization or individual to implement administrative penalties. The entrusted organization itself does not have the power of administrative punishment. The administrative punishment power it exercises is granted by other administrative agencies. It does not have the power of entrustment, so it cannot be entrusted again. There is a clear distinction between statutory authorization and entrustment by administrative agencies. Authorization means that laws and regulations clearly grant administrative penalty powers to non-administrative agencies; entrustment means that administrative agencies with administrative penalty powers entrust their administrative penalty powers to administrative agencies or organizations for exercise. An organization authorized by law can exercise the power of administrative punishment in its own name; while the entrusted administrative agency or organization can only exercise the power of administrative punishment independently in its own name and not in its own name. This is the fundamental difference between entrustment and statutory authorization.

Part 5: The entrusted organization must meet the following conditions:

(1) Institutional organizations established in accordance with the law to manage public affairs;

(2) Have staff who are familiar with relevant laws, regulations, rules and business;

(3) If technical inspection or technical appraisal is required for illegal acts, corresponding technical inspection or technical appraisal shall be organized and conducted if conditions permit.

1. The entrusted organization must be a business organization established in accordance with the law to manage public affairs. Ying Ting believes that the so-called public institutions are relative to enterprise units. They generally refer to non-profit units established for the purpose of creating or improving production conditions for the country and society, engaging in service activities for industrial and agricultural production, and meeting the needs of people's education, health and other undertakings. The business organizations specified in this article shall be organizations with the function of managing public affairs.

2. There must be staff who are familiar with relevant laws, regulations, rules and business. The entrusted organization must have staff who are familiar with relevant laws, regulations, rules and related businesses. Only in this way can administrative penalties be implemented rigorously and effectively.

3. If technical inspection or technical appraisal is required for illegal acts, the corresponding technical inspection or technical appraisal shall be organized with conditions. The entrusted organization should have corresponding technical inspection or technical appraisal conditions, that is, it must have the equipment and level of technical inspection or technical appraisal, etc. This is the fundamental difference between delegation and statutory authorization.

Yingting reminds you:

1. Therefore, if a company is shut down, it should strive for reasonable compensation. Enterprises should proactively negotiate with relevant departments and not wait passively. The result of waiting is often to miss the statute of limitations. In practice, if you are dissatisfied with the administrative penalty decision made by the relevant department, or believe that the specific administrative action of the relevant department infringes upon your legitimate rights and interests, you can file an application for administrative reconsideration within 60 days from the date of becoming aware of the specific administrative action, and file an administrative lawsuit within 6 months. If you have not negotiated the compensation conditions with the department, you can consult a lawyer specialized in business closure, or ask a lawyer to intervene and use professional legal knowledge to negotiate with the relevant departments to strive for fair and reasonable compensation.

2. If you run a restaurant, hotel or other catering company, you will be punished by relevant departments because the oil fume or sewage discharge exceeds the standard. If your factory is forced to suspend production or be closed due to environmental issues. It is also possible that your breeding farm has been ordered to ban, dismantle, or close. You may even be fined for one of the above reasons. If you think the handling by the relevant departments is inappropriate, you can safeguard your legitimate rights and interests in accordance with Article 35 of the Administrative Penalty Law. That is, Article 35 of the Administrative Penalty Law stipulates that if the party concerned is dissatisfied with the administrative penalty decision made on the spot, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. If you encounter unclear legal issues, you can consult a professional lawyer to find a solution.

3. At the same time, please pay attention to the following legal deadlines to avoid missing the opportunity to protect your rights.

(1) Article 9 of the Administrative Reconsideration Law stipulates that if citizens, legal persons or other organizations believe that a specific administrative act infringes upon their legitimate rights and interests, they may file an application for administrative review within 60 days from the date of becoming aware of the specific administrative act; however, exceptions are made where the application period prescribed by law exceeds 60 days. If the statutory application deadline is delayed due to force majeure or other legitimate reasons, the application deadline will continue to be calculated from the date the obstacle is removed.

(2) Article 44 of the Administrative Litigation Law stipulates that for administrative cases within the scope of the People's Court, citizens, legal persons or other organizations may first apply to the administrative agency for reconsideration. If they are not satisfied with the reconsideration decision, they may then file a lawsuit with the People's Court; they may also file a lawsuit directly with the People's Court. Laws and regulations stipulate that one must first apply to the administrative agency for reconsideration. If one is dissatisfied with the reconsideration decision and then files a lawsuit in the People's Court, the provisions of laws and regulations shall apply. Article 45 stipulates that citizens, legal persons or other organizations that are dissatisfied with the review decision may file a lawsuit with the People's Court within 15 days from the date of receipt of the review decision. If the review authority fails to make a decision within the time limit, the applicant may file a lawsuit with the People's Court within fifteen days from the expiration of the review period. Except as otherwise provided by law. Article 46 stipulates that if a citizen, legal person or other organization directly files a lawsuit with the People's Court, it shall do so within six months from the date when it knows or should know that the administrative action has been taken. Except as otherwise provided by law. Except for cases filed over real estate, the People's Court will not accept cases filed more than five years from the date of administrative action.