Noun Introduction
The procedure for the relative ordinary program is a relatively unique program, which is mainly clear, the evidence is conclusive, the plot is simple, and the relationship is clearly related to the act of violating administrative management. Its main feature is that "it is decided on the spot and punish it on the spot".
Specific program
According to Article 34 of the Administrative Punishment Law, law enforcement officers make administrative punishment decisions on the spot, and should follow the procedures:
1 , Presence the law enforcement ID card to the parties.
2, fill in the predetermined format, and have a number of administrative punishment decisions.
3, delivers the administrative punishment decision on the spot. The administrative penalty decision shall contain the illegal acts, administrative punishment, fines, time, place, and administrative agencies, and sign or stamp the law enforcement personnel.
4, the administrative punishment decision made by law enforcement personnel must report to the administrative organ for the record.
Legal stipulates
"Administrative Punishment Law"
Article 33 The illegal facts are independent and statutory, for citizens If you are fifty less than 50 yuan, administrative punishment can be made on the spot or warning for administrative punishment for administrative punishment for a fine of 1,000 yuan or warning. The parties should perform administrative punishment decisions in accordance with Articles 46, 47, 48, and Article 48.
Article 34 The law enforcement officers shall give the administrative punishment decision on the spot, and shall presence the law enforcement ID card, fill in the scheduled format, and have the number of administrative punishment decisions. The administrative penalty decision should be delivered on the spot.
The administrative penalty decision according to the preceding paragraph shall contain the illegal acts of the parties, the administrative punishment, the amount of fines, the time, place, and the administrative authority, and sign or stamp the law enforcement personnel.
The administrative punishment decision made on the spot must report the authority of the administrative organ.
Article 35 The parties can apply for administrative reconsideration or file administrative lawsuits in accordance with the law.
Article 46 of the administrative organ of the decision to make a fine should be separated from the institution of the collection fine.
In addition to the fines collected on the spot, the administrative agency and its law enforcement officers made by administrative punishment shall not be collected by the administrative punishment.
The parties should pay a fine to the designated bank within 15 days from the date of receipt of the administrative penalty decision. Banks should receive a fine and pay the fine directly to the country.
Article 47: According to Article 33 of this Law, the administrative penalty decision is made on the spot. There are one of the following circumstances, law enforcement officers can collect fines on the spot:
( 1) Give a fine of less than 20 yuan according to law;
(b) It is difficult to perform after the collection is collected.
Article 48 In the distance, the water, the traffic is not easy, the administrative organ and its law enforcement officers shall make a fine decision according to the provisions of Article 33 of this Law, and the parties are The designated bank payment is difficult, and the administrative organ and its law enforcement personnel can be collected on the spot.
Article 49 If the administrative organ and its law enforcement officers pay a fine, the fines must be issued to the party, the autonomous region, the municipality directly under the Central Government; the fines receipt; the fines do not issue unified issuance of the financial department At the receipt, the parties have the right to refuse to pay a fine.
Civil Litigation
The simple procedure is relative to ordinary procedures, is a separate first, the first-class people's court and its dispatched court's trial simple civil case applicable. Trial procedure.
The simple procedure is only available for simple civil cases that are clear, rights, and obligatory relationships, and unlike controversial. The simple procedure prosecution method, the process of accepting cases, and the way of summoning is simple. The trial implements an unique system, and the program is simple.
Court applicable to the judicial trial case, should be considered within three months from the date of the case.
does not apply the simple procedure:
(1) When the prosecution, the defendant is not unknown
(2) to send back to the re-examination and retrial case
(3) Non-complaints
(4) common lawsuit One or both parties have a large number of
(6) of the special trial supervision procedure to the national interest and social interests
(7) Three people prosecution requests or revoke the effective judgment, ruling, the
(8) of the mediation book
, the simple procedure is agreed by the parties of the parties You can use simple procedures, and the parties may not protocol to exclude applicable simple procedures.
Criminal Litigation
Applicable situation
The use of simple procedures in criminal proceedings, there is the following cases:
1, case fact Clear, evidence is sufficient;
2, the defendant admits that the crime of his commitment is not objected;
3, the defendant has no objection to the applicable simple procedure .
4 belongs to the
of the grassroots people's court, it can recommend the people's court to apply simple procedures when filed by the public prosecution.
Applicable procedures to trial public prosecution cases, the people's procuratorate should send members to attend the court.
Not applicable
1, the defendant is a blind, deaf, dumb;
2, the defendant is not completely lost or controlling its own ability The mental patient;
3, there is a major social impact;
4, some of the accused in the common crime case do not plead guilty or have objection to the applicable simple procedure;
5, the defendant is not guilty;
6, the defendant plead guilty but reviewed may not be a crime,
7, other should not apply simple procedures of.
Collectualization
Applicable simple procedures to trial cases, may form a collegiate court for judgment, or by the judge one by one person in three years. If the sentence is more than three years, it shall form a collection of collegiate classes.
review
Applicable simple procedures trial cases, the people's court should be considered within 20 days of acceptance; in prison for possible sentences for more than three years, it can be extended to one and a half months .