Jusletter

Table of contents

• Abstract
• 1. General Introduction
• 1.1 Definition and Features of Administrative Penalty
• 1.2 Administrative Penalty and Relevant Concepts
• 1.2.1 Administrative Penalty and Criminal Penalty
• 1.2.2 Administrative Penalty and Administrative Sanction
• 1.2.3 Administrative Penalty and Pecuniary Sanction
• 1.3 Principles of Administrative Penalty
• 1.3.1 Principle of Penalty as stipulated by law
• 1.3.2 Principles of Fairness and Openness
• 1.3.3 The Principle of Avoiding Repeated Penalty for the Same Act
• 1.3.4 The Principle of Combination of Penalty and Education
• 1.3.5 The Principle of Guarantee of Counterparts’ Rights
• 2. Types and Creation of Administrative Penalty
• 2.1 Types and Forms of Administrative Penalty
• 2.1.1 Personal Penalty
• 2.1.2 Behavioral Penalty
• 2.1.3 Property Penalty
• 2.1.4 Penalty of Warning and Reprimand
• 2.2 Creation of Administrative Penalty
• 3. Jurisdiction and Application of Administrative Penalty
• 3.1 Organs Imposing Administrative Penalty
• 3.1.1 Administrative organs
• 3.1.2 Organizations authorized laws and regulations
• 3.1.3 Organizations entrusted by administrative organs
• 3.2. Jurisdiction of Administrative Penalty
• 3.2.1. District Jurisdiction
• 3.2.2. Level Jurisdiction
• 3.2.3. Designated jurisdiction
• 3.3. Application of Administrative Penalty
• 3.3.1 Conditions That Constitute Administrative Penalty
• 3.3.2 No Penalty shall be Imposed
• 3.3.3 Lighter or Mitigated Administrative Penalty
• 3.3.4 Limitation of Prosecution of Administrative Penalty
• 4. Procedures of Administrative Penalty
• 4.1. Decision Procedures of Administrative Penalty
• 4.1.1. Summary Procedure
• 4.1.2. Ordinary Procedure
• 4.1.3 The Procedure of Hearing
• 4.2 Enforcement Procedures of Administrative Penalty
• 4.2.1 The administrative organ that makes the decision on a fine shall be separated from the organ that collects the fine
• 4.2.2 Revenue and expenditure shall be separated
• 4.2.3 Compulsory Enforcement of Administrative Penalty