First, the administrative punishment law enforcement officers put on record the cases that were investigated and ended and planned to be given administrative punishment. The undertaker shall write a report after the investigation, draft a decision on administrative punishment, and hand it over to the legal department for review together with the case file.
Two, the legal department of administrative punishment cases, mainly including the following contents: (a) the basic situation of the parties is clear. (2) whether the case has jurisdiction and whether it belongs to the jurisdiction of this organ. (three) whether the facts are clear, whether the evidence is conclusive and sufficient, and whether the materials are complete. (four) whether the qualitative is accurate. (5) Whether the applicable laws, regulations and rules are correct. (6) Whether the punishment is appropriate. (seven) whether the procedure is legal.
(1) Agree with the opinions of the administrative punishment department if the facts are clear, the evidence is sufficient, the nature is accurate, the punishment is appropriate and the procedure is legal. (two) if the illegal act cannot be established, put forward suggestions not to impose administrative punishment, or suggest that the administrative punishment department withdraw the case. (3) If the facts are unclear and the evidence is insufficient, it is suggested that the administrative punishment department re-investigate, re-issue the certificate and return the file. (four) to supplement the materials or go through the formalities with the departments that need administrative punishment, and suggest them to supplement or supplement, and return the files. (five) the nature is inaccurate, improper application of the law, it is recommended that the administrative punishment department should correct it. (6) If the handling procedure is illegal, it is suggested that the administrative punishment department should correct it. (seven) for those beyond the jurisdiction, it is suggested that the administrative punishment department handle the transfer according to the relevant provisions. (eight) for minor violations of the law, according to the law can not be administrative punishment, it is recommended not to be punished or not to file a case.
Four, the legal affairs department after the audit together with the case file submitted to the competent leadership for approval. The competent leader shall complete the examination and approval of the case within one day after receiving the case file and related materials. The relevant squadron shall be responsible for the investigation and evidence collection of illegal cases approved for investigation. Special circumstances may be extended as appropriate after approval by the competent leader.
(a) the facts are clear, the evidence is conclusive, the procedure is legal, the applicable laws, regulations and rules are correct, and the punishment suggestions are appropriate; (two) the facts are unclear, the evidence is insufficient or the procedure is illegal, and it is returned to the squadron for supplementary investigation or correction procedures; (3) If the applicable laws, regulations and rules are wrong or the punishment suggestions are improper, it shall be submitted for approval after consulting the squadron.
Legal basis: Administrative Punishment Law of the People's Republic of China.
Article 4 Administrative punishment shall follow the principles of fairness and openness.
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.
Provisions on administrative penalties for illegal acts must be published; Without publication, it shall not be used as the basis for administrative punishment.
Article 5 When imposing administrative punishment and correcting 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.