In a narrow sense, administrative punishment refers to the disciplinary punishment given by the superior to the subordinate's disciplinary behavior within the administrative organ or minor illegal behavior that has not yet constituted a crime. In a broad sense, the administrative punishment of archives refers to the legal sanctions imposed by the state administrative organs or relevant organizations and units on the parties who violate administrative laws and regulations and bear administrative responsibilities in archival affairs. Administrative punishment can be divided into administrative punishment and administrative punishment.
1. Administrative sanction This is the administrative sanction given by state organs, social organizations and relevant units to subordinates who violate archives laws and regulations according to their affiliation, that is, administrative sanctions in a broad sense. Administrative sanctions are divided into six forms: warning, demerit recording, gross demerit recording, demotion, dismissal and expulsion.
2. Administrative Punishment This is an administrative punishment given by a special state administrative organ to a citizen, legal person or other organization that violates archives laws and regulations or other laws related to archives affairs. For details, please refer to the introduction of file administrative punishment in the fourth quarter of Chapter 7 of this book.
Although archives administrative punishment and administrative punishment belong to the category of administrative punishment, there are obvious differences between them:
First, the implementation subject is different. The subject of archives administrative punishment is a specific state administrative organ. According to the laws and regulations on archives, except for the customs, which is responsible for imposing administrative penalties on the offenders who take the archives out of the country without authorization, other administrative penalties on archives can only be imposed by the archives administration department according to law, and no other enterprises, institutions, social organizations or even state organs have the right to impose administrative penalties on archives. Administrative sanctions can be implemented by various organs or other organizations and units to which the parties involved in the illegal acts of archives belong, and their subjects have the characteristics of diversification; The archives administration department has no right to directly give administrative sanctions to the parties who have no affiliation with the illegal acts of archives, and can only put forward suggestions on administrative sanctions to their subordinate organizations.
Second, the applicable objects are different. Administrative punishment is to punish the parties who commit relatively minor file violations, while file administrative punishment is aimed at the parties who commit relatively serious file violations although they do not constitute a crime.
Third, the legal nature and applicable objects are different. As far as its nature is concerned, administrative punishment is a legal punishment within the organization, and it is a punishment imposed by state organs, social organizations, enterprises and institutions on internal staff or staff of subordinate units; Archives administrative punishment belongs to external legal sanctions, and the object of archives administrative punishment can be all citizens, legal persons and other organizations that have illegal acts of archives and should be given administrative punishment according to law.
Fourthly, sanctions take different forms. Archives administrative punishment and administrative punishment have different forms, such as fines, confiscation of illegal income and other forms of punishment; The latter has the forms of demotion, dismissal and expulsion. The forms of punishment and disposal shall not be confused or substituted.
Fifth, the legal remedies are different. The parties who bear the administrative punishment and disposition of archives enjoy different rights and ways in legal relief. If a party refuses to accept the administrative punishment of archives, it may apply to the relevant reconsideration organ for administrative reconsideration or bring an administrative lawsuit to the people's court; Those who refuse to accept the administrative punishment may not apply for administrative reconsideration or bring an administrative lawsuit, but only appeal to the relevant internal departments according to their affiliation.
(2) Civil sanctions This is a legal sanction against civil offenders in archival affairs. The main form of civil sanctions for archives stipulated in the Archives Law is compensation for losses, that is, if illegal acts of archives cause losses to archives, the parties concerned will make a certain amount of economic compensation according to the value of the damaged archives; Other laws also have civil liability provisions concerning archival affairs, and the forms of sanctions are more diverse.
(III) Criminal sanction Criminal sanction, also known as penalty, is a legal sanction imposed by special state organs on criminals in archival affairs. Criminal sanctions are the most severe legal sanctions against archives, which are aimed at the illegal acts of archives and their parties who violate the criminal law and commit crimes.