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Which normative documents can set administrative penalties?

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Which normative documents can set administrative penalties?


        

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  • 2024-06-14 17:00:04

    Which normative documents can set administrative penalties? There are many kinds of administrative punishment, including personal punishment and property punishment. According to the provisions of the Administrative Punishment Law of China, there are laws, administrative regulations, local regulations and rules that can set administrative punishments. The lawyer reminds you that administrative penalty shall not be set for other normative documents. Among them, the administrative penalty of restricting personal freedom can only be set by law.
    According to the Administrative Punishment Law, the establishment of the power of administrative punishment has been specifically stipulated as follows: Article 9 The law can establish various administrative punishments. Administrative penalties that restrict personal freedom can only be established by law. Article 10 Administrative punishments other than restrictions on personal freedom may be established in administrative regulations. Where the law has made provisions on administrative penalty for illegal acts, and administrative regulations need to make specific provisions, such provisions must be made within the scope of the acts, types and ranges of administrative penalty prescribed by law. Article 11 Local regulations may establish administrative penalties other than restriction of personal freedom and revocation of business licenses of enterprises. Where laws and administrative regulations have stipulated administrative penalties for illegal acts, and local regulations need to make specific provisions, they must be within the scope of the acts, types and ranges of administrative penalties prescribed by laws and administrative regulations. Article 12 The ministries and commissions under the State Council may formulate specific provisions in their rules within the scope of the acts, types and ranges of administrative penalties prescribed by laws and administrative regulations. If no laws or administrative regulations have been formulated, the regulations formulated by the ministries and commissions under the State Council as prescribed in the preceding paragraph may impose administrative penalties of warning or a certain amount of fine on acts that violate administrative order. The limits of fines shall be prescribed by the State Council. The State Council may authorize institutions directly under it that have the power of administrative penalty to prescribe administrative penalties in accordance with the provisions of the first and second paragraphs of this Article. Article 13 The rules formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the people's governments of cities where the people's governments of provinces and autonomous regions are located, and the people's governments of relatively large cities approved by the State Council may make specific provisions within the scope of the acts, types and ranges of administrative penalties prescribed by laws and regulations. If no laws or regulations have been enacted, the people's government as mentioned in the preceding paragraph may, in formulating rules, impose administrative penalties of warning or a certain amount of fine on acts violating the administrative order. The limits of fines shall be prescribed by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government.

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