mbt zapatos Reconsideration review of the administ

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Review of the administrative penalty was inappropriate review several practical issues

Administrative punishment for abuse of power by the general exercise of the right of revocation. As a result of abuse is a direct violation of citizens, legal persons or other organizations of the legitimate rights and interests; such criticism and education of the minor offenses should be sentenced to administrative detention; violation of the order of market management and destruction of goods by hawkers,[link widoczny dla zalogowanych], the confiscation of business tools; on should be enterprises to be shut down for rectification, the administrative action is abuse of power. The review authority was to exercise improper changes to the right of the administrative penalty is based on a comprehensive review, the disposition made by a technical measure. It is the basic difference is that with the withdrawal, which is directly on the original review authority to adjust the specific administrative act, thus directly involved in the management of administrative activities relative. Decided not to accept the change reconsideration reconsideration organ-level authorities review and direct supervision of judicial acceptance. Grasp the obvious inappropriateness of the administrative penalty should be noted that the right to change the link to really accurately and skillfully grasped the obvious inappropriateness of the administrative penalty the right to change, we must note the following aspects: (a) change of the premise. Administrative penalty by administrative organs according to the fact that the basic existence of the illegal and applicable laws, regulations essentially correct, that administrative penalty in general. Man II. . April, say two years on the fourth offense. This is to consider whether the administrative penalty was small when the premise. If an administrative penalty is based on the basic facts do not exist. Or the applicable administrative law or regulations, that is, in general terms the administrative penalty is illegal. So. Administrative penalty is not obviously wrong but the problem needs to be changed. Should be a significant offense revocation is necessary for administrative reconsideration organ problems. (B) change of scope. Determine the scope of administrative reconsideration to change. It is clear grasp of administrative punishment in the wrong key. Administrative reconsideration organ obviously improper implementation of the administrative penalty the right to change the scope should be: (1) The administrative penalty is based on the laws and regulations only provide for a penalty (fine),[link widoczny dla zalogowanych], and they did not provide the magnitude of punishment, there is obviously improper problems. Such as road management regulations, in accordance with state regulations that do not pay the maintenance fee, the highway management department can order them to pay different circumstances and may impose a fine. There is no penalty provided the margin. How many full penalty of discretion by the highway departments. (2) in the same types of penalties prescribed by law, the measure applies only to the case of a punishment, and punishment for another, during which there is an obvious wrong issue. Administrative Penalties for Public Security Ordinance, such as types of penalties are warnings, fines and administrative detention of 3 to measure the case applies only to warnings punishment. Administrative detention has been punished. That an administrative detention was improper for the administrative penalty. (3) in the same range of law within the same punishment. The situation can only be measured by low-amplitude region punishment, but punishment in the high range of areas, should be clearly inappropriate. Such as Zhang, just after graduating from high school meet military age, family income is very difficult, because considering the actual situation of the family to escape the military service obligation. Zhang made the government a 30,008 thousand ceiling of the administrative penalty, apparently ignored the objective facts, is obviously not. . 14) has a statutory mitigating aggravating circumstances, in not reflected in the administrative penalty, administrative penalty that is obviously inappropriate for a particular enmity for example, deliberately blind into the river side of the road hooliganism for the public security organs to make a disciplinary warning is a violations in a particular case had a more serious consequences. Statutory aggravating circumstances of a public security organ of the administrative penalty only comes as a warning was inappropriate. (5) on the same or similar offenses and handling is obviously unfair. Similar violations,[link widoczny dla zalogowanych], the degree of similarity to handle the consequences of the content is obviously different, or strict or broad, should be set clearly inappropriate (6) a clear violation of national laws and regulations and national guidelines and policies. Behavior, such as fines, although some local documents. But the file with the host law or policy are in conflict, should be regarded as clearly improper, (c) change of approach is obviously inappropriate to grasp the main methods are: horizontal comparison, comprehensive analysis, not to replace the administrative review the right to change the political Penalty Ding discretion. Horizontal comparison of the main character refers to the same penalties for the illegal hook-line results are compared to the same or similar offenses of the results were compared with the punishment of the perpetrator more than the result of the common law compared to other aspects, a comprehensive analysis mainly refers to the act in addition to the fact of violation of the law, but also with the perpetrator of the illegal motivation, H means to approach other aspects of the consequences of. The right to change the administrative reconsideration and administrative penalties are discretionary power conferred by law,[link widoczny dla zalogowanych], are considered some of the administrative penalty when a small, generally should not change, in order to maintain administrative law recognized the seriousness of the administrative penalty was improper to change, Changes should also be well-founded reasoning, the executive will accept. .
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