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行政處罰法word版(參考版)

2024-09-02 02:57本頁(yè)面
  

【正文】 or (4) in violation of the provisions of Article 18 of this Law concerning entrusting an organization with imposition of administrative penalty. Article 56 If administrative organs, when imposing penalties on the parties, do not use the documents for fines and confiscation of property or things of value, or use the documents for fines and confiscation of property or things of value that are prepared and issued by nonstatutory departments, the parties shall have the right to refuse to accept the penalties and the right to accuse them. The administrative organs at higher levels or relevant departments shall confiscate and destroy the illegal documents in use and shall, in accordance with law, impose administrative sanctions upon the persons who are directly in charge and other persons who are directly responsible for the offense. Article 57 If administrative organs, in violation of the provisions of Article 46 of this Law, collect fines themselves, if finance departments, in violation of the provisions of Article 53 of this Law, give back to administrative organs fines or money obtained from sale by auction of confiscated illegal property or things of value, the administrative organs at higher levels or relevant departments shall order them to make correction and。 (2) by altering the types and range of administrative penalty, without authorization。 no finance department shall, in any manner, give the fines back to the administrative organs that decided to impose the fines or give them back the illegal gains they confiscated or the money they obtained from sale by auction of the confiscated illegal property or things of value. Article 54 Administrative organs shall establish a sound supervisory system for administrative penalty. People39。 and (3) to apply to a People39。 the administrative organs shall, within two days, deliver the fines over to the banks as designated. Article 51 If the parties fail to carry out the decision on administrative penalty within the time limit, the administrative organ that made the decision on administrative penalty may adopt the following measures: (1) to impose an additional fine at the rate of 3% of the amount of the fine per day。 if such receipts are not given, the parties shall have the right to refuse to pay the fines. Article 50 Fines collected by lawenforcing officers on the spot shall be turned over to administrative organs within two days from the date the fines are collected。 the written record shall be shown to the party for checking, and when the party acknowledges that the record is free of error, he shall sign or affix his seal to it. If the party has objection to the administrative penalty that involves restriction of freedom of person, the relevant provisions of Regulations on Administrative Penalties for Public Security shall apply. Article 43 When a hearing is concluded, the administrative organ shall make a decision in accordance with the provisions of Article 38 of this Law. Chapter VI Enforcement of Administrative Penalty Article 44 After a decision on administrative penalty has been made in accordance with law, the party shall carry it out within the time limit set by the decision on administrative penalty. Article 45 If the party refuses to accept the decision on administrative penalty and applies for administrative reconsideration or brings an administrative lawsuit, enforcement of the administrative penalty shall not be suspended, except as otherwise prescribed by law. Article 46 The administrative organ that makes the decision on a fine shall be separated from the organ that collects the fine. Except for circumstances under which fines shall be collected on the spot according to the provisions of Articles 47 and 48 of this Law, no administrative organs that make the decision on administrative penalty or their lawenforcing officers shall collect fines themselves. The parties shall, within 15 days from the date they receive the forms of decision for administrative penalty, pay the fines to the banks as designated. The banks shall accept the fines and turn them over directly to the State Treasury. Article 47 If a decision on administrative penalty is made on the spot in accordance with the provisions of Article 33 of this Law, lawenforcing officers may collect fines on the spot under one of the following circumstances: (1) The fines imposed according to law is not more than 20 yuan。 the party may defend himself and make crossexamination。 (5) The party may participate in the hearing in person, or he may entrust one or two persons to act on his behalf。 if the party believes that the person has a direct interest in the current case, he shall have the right to apply for the person39。 (3) The hearing shall be held openly, except where State secrets, business secrets or private affairs are involved。 if the party requests a hearing, the administrative organ shall arrange for the hearing. The party shall not bear the expenses for the hearing arranged by the administrative organ. The hearing shall be arranged according to the following procedure: (1) To request a hearing, the party shall do it within three days after being notified by the administrative organ。 if the party is not present, the administrative organ shall, within seven days, serve the form of decision for administrative penalty on the party in accordance with the relevant provisions of the Civil Procedure Law. Article 41 If , before making a decision on administrative penalty, an administrative organ or its lawenforcing officer, fails to notify, as stipulated in Articles 31 and 32 of this Law, the party of the facts about the violation, grounds and basis on which the administrative penalty is imposed, or refuses to heed the party39。 (5) channel and time limit for applying for administrative reconsideration or bringing an administrative lawsuit if the
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