Although the Administrative Punishment Law and the Public Security Administration Punishment Law are both important components of China's legal system, there are some obvious differences between them. This article will focus on the differences between the two laws in order to better understand their scope of application and characteristics.
First of all, the legislative purposes of the Administrative Punishment Law and the Public Security Administration Punishment Law are different. The main purpose of the Administrative Punishment Law is to regulate the conduct of administrative organs in imposing administrative punishments, to protect the lawful rights and interests of citizens, legal persons or other organizations, and to safeguard the public interest and social order. The law of punishment for public security administration is to maintain social order, ensure public safety, protect the legitimate rights and interests of citizens, and punish those who violate the administration of public security.
Xu Jiayin was taken compulsory measures in accordance with the law Second, the scope of adjustment between the two is also different. The scope of application of the Administrative Punishment Law is relatively broad, including administrative punishment acts carried out by administrative organs at all levels. The law on penalties for public security administration is mainly applicable to the punishment of public security organs for violating public security administration. In addition, there are differences between the two laws in terms of the types of penalties and the procedures for punishment. There are many types of administrative punishments, including warnings, fines, confiscation of illegal gains, orders to suspend production and business, and revocation of licenses. However, there are relatively few types of public security administrative penalties, mainly including warnings, fines, detention, etc. In terms of punishment procedures, administrative penalties usually need to go through procedures such as case filing, investigation, and hearings, while public security administrative penalties are relatively simple, and are generally directly investigated and decided by the public security organs. In practical application, the Administrative Punishment Law and the Public Security Administration Punishment Law also have their own emphasis. The Administrative Punishment Law focuses on standardizing the law enforcement behavior of administrative organs, protecting the lawful rights and interests of counterparts, and emphasizing the legality and fairness of procedures. However, the law on penalties for public security administration pays more attention to maintaining social order and punishing those who violate public security administration in a timely manner to ensure public safety and social stability. To sum up, although the Administrative Punishment Law and the Public Security Administration Punishment Law are both important parts of China's legal system, there are obvious differences between them. In practical application, we should choose the appropriate law to apply according to the specific situation, so as to better maintain social order and public safety. At the same time, we should also strengthen our study and understanding of these two laws, improve our own legal literacy and law enforcement level, and make greater contributions to promoting the construction of the rule of law in our country. In order to better understand the difference between the Administrative Punishment Law and the Public Security Administration Punishment Law, we can use the following cases**. A bar in a certain city was fined by the local industrial and commercial bureau for overtime operation, and the bar owner was dissatisfied and filed an administrative lawsuit with the court. In this case, we can see that the administrative punishment carried out by the industrial and commercial bureau is mainly carried out in accordance with the Administrative Punishment Law, and its main purpose is to standardize the law enforcement behavior of the administrative organ and protect the legitimate rights and interests of the counterpart. However, the law of public security administration penalties does not apply to this case, because overtime operation is not a violation of public security administration. Through the above cases, we can see more clearly the scope and characteristics of the application of the Administrative Punishment Law and the Public Security Administration Punishment Law. In practical application, we should choose the appropriate law to apply according to the specific situation to ensure the accuracy and legality of the application of the law. At the same time, we should also strengthen our study and understanding of these two laws, improve our own legal literacy and law enforcement level, and make greater contributions to promoting the construction of the rule of law in our country.
In short, the Administrative Punishment Law and the Public Security Administration Punishment Law are important components of China's legal system, and they each have different characteristics such as legislative purposes, adjustment scopes, types of punishments, and procedures. In practical application, we should choose the appropriate law to apply according to the specific situation, so as to better maintain social order and public safety. At the same time, we should also strengthen our study and understanding of these two laws, and improve our own legal literacy and law enforcement level.