|| 网站首页 | 英语新闻 | 英语学习中心 | 英语图片 | 下载 | 购书 | 培训 | 留言 | Study Chinese ||
enalty 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 law-enforcing 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 party's statement and self- defense, the decision on administrative penalty shall be invalid, except that the party relinquishes the right to make a statement or to defend himself.
Article 42 An administrative organ, before making a decision on administrative penalty that involves ordering for suspension of production or business, rescission of business permit or license or imposition of a comparatively large amount of fine, shall notify the party that he has the right to request a hearing; 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;
(2) The administrative organ shall, seven days before the hearing is held, notify the party of the time and place for the hearing;
(3) The hearing shall be held openly, except where State secrets, business secrets or private affairs are involved;
(4) The hearing shall be presided over by a person other than the investigator of the case designated by the administrative organ;
if the party believes that the person has a direct interest in the current case, he shall have the right to apply for the person's withdrawal;
(5) The party may participate in the hearing in person, or he may entrust one or two persons to act on his behalf;
(6) The investigator shall, when the hearing is conducted, put forward the facts about the violations of law committed by the party, the evidence and recommendation for administrative penalty; the party may defend himself and make cross-examination; and
(7) Written record shall be made for the hearing; 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 law-enforcing 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; or
(2) It is difficult to carry out the decision if the fine is not collected on the spot.
Article 48 If, after a decision on fine is made by an administrative organ or its law-enforcing officers in accordance with the provisions of Article 33 or Article 38 of this Law, it is really difficult for the party in the area which is outlying, on water or not easily accessible to pay the fine to the bank as designated, the administrative organ or its law-enforcing officers may, upon the request of the party, collect the fine on the spot.
Article 49 Where fines are collected on the spot by an administrative organ or its law-enforcing officers, the parties shall be given receipts for the fines as are uniformly made and issued by finance departments of provinces, autonomous regions or municipalities directly under the Central Government; if such receipts are not given, the parties shall have the right to refuse to pay the fines.
Article 50 Fines collected by law-enforcing officers on the spot shall实践证明经常访问无忧英语教育网 www.51education.net ,能迅速提高你的英语学习能力!积沙成塔,不断提高! 本站所提供的所有信息仅供学校课堂教学及英语学习者学习研究之用，其著作权归原作者及媒体所有。
||Sitemap地图 | 设为首页 | 加入收藏 | 联系站长 | 友情链接 | 版权申明 | 网站公告 | 管理登录 ||