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Article introduction: Interpretation of Article 8 of the "Administrative Penalty Law", what should companies do if they are subject to six administrative penalties including suspension of production and business operations?

Part One: Original text of the law

Article 8 of the Administrative Penalty Law stipulates the types of administrative penalties.

1. Warning

2. Fine

3. Confiscation of illegal gains and illegal property

4. Order to suspend production and business

5. Suspension or revocation of license, suspension or revocation of license

6. Administrative detention

7. Other administrative penalties prescribed by laws and administrative regulations.

Part 2: Legal Analysis

1. Warning.

Refers to a punishment in which administrative agencies issue warnings to citizens, legal persons or other organizations that have committed illegal acts to make them aware of their responsibilities. Warnings generally apply to minor violations of administrative regulations that do little harm to society. Usually it can be done on the spot.

2. Fines.

Refers to the penalty behavior in which administrative agencies force persons (including legal persons and other organizations) who violate administrative regulations to pay a certain amount of currency within a certain period of time. A fine is a property penalty. Ying Ting learned that fines are an administrative penalty with a relatively wide scope of application. In order to avoid the arbitrariness of fines, the Administrative Penalty Law has some restrictive provisions on fines. If there are no fines among the types of administrative penalties stipulated in already enacted laws and administrative regulations, local laws and regulations cannot increase penalties that stipulate fines. In order to avoid corruption by fine executors, the law stipulates that the agency that makes the decision on fines is separated from the agency that collects fines. All fines must be turned over to the national treasury, and no administrative agency or individual may withhold or privately distribute them in any form. The setting and execution of fines must be appropriate and appropriate.

3. Confiscate illegal gains and illegal property.

Refers to an administrative penalty measure in which the state administrative agency, in accordance with administrative regulations, compulsorily takes back the property or illegal property obtained by the perpetrator's violation of the law to the state without compensation. Confiscation is a relatively severe property penalty, and its execution area is limited to a certain extent. This property penalty can only be imposed on citizens, legal persons and organizations that violate laws and regulations in order to obtain illegal income.

4. Order to suspend production and business.

It refers to the administrative penalty imposed by the state administrative agency on industrial and commercial enterprises or self-employed households that violate administrative regulations and deprives them of the right to engage in certain production or business activities within a certain period of time in accordance with the law. It is a type of behavioral penalty. Since the penalty of ordering to suspend production and business operations will directly affect the production and operating interests of the enterprise, it is only applicable to more serious administrative violations.

5. Suspend or revoke the license, suspend or revoke the license.

Yingting Demolition Group believes that permits and licenses refer to written documents issued by the administrative authorities in accordance with the law upon the application of citizens, legal persons or other organizations to allow the applicant to engage in certain activities. It is a certificate of certain rights enjoyed by citizens, legal persons or other organizations. Temporary detention or revocation of permits or licenses refers to the administrative punishment imposed by the state administrative agencies on citizens, legal persons or other organizations that violate administrative regulations by temporarily detaining their permits or licenses and depriving them of the right to engage in certain production or business activities. This is a kind of behavioral incapacity penalty that is more severe than being ordered to suspend production and business. Therefore, only laws and administrative regulations can set this penalty.

6. Administrative detention.

It refers to a kind of punishment measure that the public security organs use to restrict the personal freedom of citizens who violate the public security management penalty regulations in the short term. It is also the most severe one of the public security management penalty measures. Administrative detention is a kind of personal freedom penalty that restricts citizens’ personal freedom. It is also one of the most severe administrative penalties. Due to its severity, the Administrative Penalty Law also has the strictest restrictions on this type of punishment. Only the law can stipulate administrative detention penalties involving citizens' personal freedom, and other administrative regulations, local regulations, rules, etc. cannot set such penalties.

7. Other administrative penalties prescribed by laws and administrative regulations.

The six types of penalties listed above are only the basic types of administrative penalties and are also the most commonly used types. This item is set to prevent the omission of penalties stipulated in existing laws and administrative regulations and the possibility of new penalties appearing in future legislation.

Yingting reminds you:

1. 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.

2. 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.