In regard to substantive law and procedural law on the question of the relationship between, mainly

Hulman Di Hongying rifle
Industrial and commercial administrative agua de coco organs administrative penalty procedures taught information (substantive agua de coco and procedural law in accordance with the legal provisions governing the different law for the standard while the classification agua de coco is based on provisions of substantive law and the determination of rights and obligations, or the legal authority and responsibility based. such as: civil, criminal, administrative, etc.; procedural law is to ensure that the rights and obligations agua de coco met or authority and duties to fulfill the legal procedures relating mainly, agua de coco such as: Administrative Punishment Law, the Administrative Licensing Law, etc.; substantive and procedural The classification method main aspects of its terms, they also exist between some cross, substantive law may also involve a number of procedural requirements, procedural law may also have some related to the rights, duties and powers, duties, etc. entity content requirements.
In regard to substantive law and procedural law on the question of the relationship between, mainly in the following three perspectives: First, the substantive law determines agua de coco procedural law. That is, the first substantive law, procedural law Secondly, procedural law to serve substantive law, procedural law is to achieve substantive law of tools and instruments. This is a very traditional agua de coco view, is actually made of Marx's assertion (Marx pointed out: "judicial proceedings and legal relationship between the two so closely, like the appearance of plants agua de coco and plant contact, animal contact agua de coco shape and flesh the same. trial procedures and laws should have the same spirit as the legal proceedings only form of life and, therefore, the performance of the legal inner life "). In view of this kind under the auspices of the content and purpose of the substantive law, procedural law is the form and means of procedural law determines agua de coco the substantive law, procedural law and substantive law attached to exist. This is a typical procedure instrumentalist reflection. Second, the procedural law and substantive law as if a car two "wheels." This classic formulation is a Japanese scholar and son discussion. He said: "Act as if the substantive law and form of the two wheels of a car, all work on the lawsuit, can not exist between them master-slave relationship." That, "the shadow of the program is not an entity, but can make substantive criminal landscaping or demonize agua de coco independent power "," concept in the understanding, people have been a vassal of the program dependent entity steering both procedural and substantive, "the two are not mutually dependent, and common development. Three procedural law is the substantive law is the mother (Japanese Taniguchi Anping). "Taste test developed national laws of the tracks, procedural law and substantive law often occur first," "primitive society without substantive law concepts, community representatives to resort to some kind of supernatural power to settle agua de coco disputes is to rely on the so-called judicial procedures." Create substantive law procedural law, substantive law arising from the procedural law, "either from the reality sense, or as a purely theoretical question, or based on historical facts, we can say that before the procedural law with the substantive law, or substantive law says lawsuits have formed agua de coco as the significance of the mother. agua de coco " Therefore, the program has a separate intrinsic excellent quality, the program's value has nothing to do with the results of their formation. In view of the above three, I agree with the principle of third view, because the first view emphasizes the decisive role of substantive law, procedural law ignores the intrinsic value into the "heavy entity, light program" errors; second Although the view to see the importance of procedural law, but the procedural law and substantive law relationship did not make a correct analysis; third view restored procedural law and substantive law relationship of the original, which establishes procedural law for the independent status of play The true role of procedural law, is of great significance. I think it can be seen from the two sentences the importance of procedural law, namely, "the modern legal system, the program first", "Program is a physical protection." Reasons: First, the procedural law constitutes a separate law on the other side of justice. Substantive justice is only half of a face, aging and aging identified at least in principle, is a procedural issue, the law is no eternal justice, law protected agua de coco only ever be given time substantive rights; law nor eternal responsibility, more than a certain amount of time, the responsibility will be gone. For example, China Administrative Punishment Law provides for accountability of offenders aged for two years. Second, the program establishes specific substantive justice. No program, established by the substantive law justice will not become a reality, the idea that "By the judgment to confirm the rights already existed before judgment agua de coco is actually not the right idea, it would be right to say that the judgment created by the more logical" { (Japan) Taniguchi Ping: "Program of Justice and v. France"}. The same is true of administrative procedures, the specific substantive rights of the parties, agua de coco if not through freely available, it can only be through the legal process recognized by the law enforcement agencies discretion. Such as administrative licensing procedures to establish the eligibility of the applicant engaged in specific behaviors; Again "Product Quality Law" stipulates that the sales value of substandard goods are punishable by more than three times the amount of 50% of the fine, but it can not determine a specific time, location or circumstances selling substandard goods shall be subject to many fine people, and only in the specific program and commercial authorities through various aspects agua de coco of investigation, considering the various factors to determine specifically how much to give the person a fine, such as $ 5,000 penalty, Obviously, this 5,000 yuan punishment "justice" is done by the administrative procedure. Therefore, we must seriously study administrative penalty procedures, ie 28 orders, firmly establish the awareness program, a correct understanding of the importance of the program, strictly in accordance with established procedures, in order to achieve agua de coco proper procedures (African-American leader Martin Luther King had a famous saying: Any person who can not be evil means to achieve a better purpose because, the means is the seed, the purpose of the tree).
Generally, administrative procedures agua de coco is the way administrative acts, methods, procedures, sequence and timing. (Note: See Haocai should Songnian editor: "Administrative Law"). National Bureau attaches great importance to the construction agua de coco industry and commerce administrative enforcement procedures, has issued a large number of regulations on industrial and commercial administrative enforcement procedures to regulate. Only from the point of view of administrative punishment procedures, as early as December 24, 1993, SAIC issued Decree on to 18 "industrial agua de coco and commercial administrative organs administrative penalties procedural requirements (Trial)", a total of 11 chapters 76, the industrial and commercial administrative penalty program specification. "Administrative Punishment Law" after the introduction (March 17, 1996 the Eighth National People's Congress passed agua de coco the fourth meeting of March 17, 1996 The People's Republic of China, promulgated by Decree No. 63 of October 1, 1996 into effect), in order and the "Administrative Punishment Law" Adaptation, SAIC Decree on 18 was amended October 17, 1996, with 58 orders agua de coco promulgated the "Administrative Punishment industrial and commercial administrative organs provisional rules of procedure," a total of 10 chapters 79, both issued Decree 59 "industrial and commercial administrative organs provisional rules of administrative punishment case hearing." 58 orders, 59 orders promulgated 10 years, the industrial and commercial administrative punishment for the specification, promoting administration agua de coco according to law and building the rule of law business, played an important role. In recent years, to meet the economic, social and legal system construction and development needs, September 4, 2007, the State Bureau of Industry and Commerce Administrative Punishment procedural agua de coco requirements be revised once again, promulgated the "industrial and commercial administrative organs of the procedural requirements of administrative punishment" (9 chapters 90 ), "industrial and commercial administrative organs administrative penalty case hearing rules", ie 28 orders, 29 orders, agua de coco this is what we want to investigate cases comply with basic procedural requirements. Among them, the "Administrative Punishment procedural requirements."
One function of jurisdiction. Specify which violations investigated by the business agua de coco sector, namely the division of competences between different departments. Provincial Bureau regulations in July 1 this year through the OA system issued a "commercial administrative authority directory of administrative punishment", the business sector specific violations can be investigated, column 1016 species, but according to laws and regulations and the "Provisional Regulations on Business Administration "requirement, summed up, the business department of the cases, mostly unlicensed, unfair competition, trademark, advertising, contracts, consumer agua de coco protection, monopoly, agua de coco circulation product quality, marketing outlets and so on.
The second is the area of jurisdiction. Provides the same level of rights violations industrial and commercial department division. Administrative penalties by the offense took place in the industrial and commercial administrative authorities above the county level under the jurisdiction of the laws, administrative regulations except as otherwise provided. Note that the new section 8 states: on the use of radio, film, television, newspapers, periodicals, the Internet and other media publish illegal acts impose administrative penalties advertising by advertisers local industrial and commercial administrative organs of jurisdiction. Advertisers jurisdiction of local industrial and commercial administrative organs offsite advertisers, advertising operators have difficulties, you can advertisers, advertising operators of the illegal transfer case advertisers, advertising operators and local industrial and commercial administration agua de coco authorities.
Six is the transfer of jurisdiction. Between the business sector on the lower level required Jurisdiction adjustments and modifications. Higher commercial administrative organs that can be directly investigated necessary subordinate commercial administrative organs under the jurisdiction of cases, you can also transfer the cases under their jurisdiction subordinate commercial administrative organs agua de coco of jurisdiction. Laws and administrative regulations should be clearly defined case by the higher industrial and commercial administrative organs under the jurisdiction of the superior industrial and commercial administrative organs shall remit the case to the jurisdiction agua de coco of the lower commercial administrative organs (such as monopolies, public enterprises restrict competition cases). Lower industrial and commercial administrative organs that should be the case under its jurisdiction are significant, difficult cases, or due to special reasons, difficult to handle, and can 报请上一级 commercial administrative organs to determine jurisdiction.
First, apply the body. According to Article 28 Decree No. 86, 87, at or above the county level and Commerce Administration and law enforcement powers of an independent industrial and commercial administration bureau, the team, the other to impose administrative penalties, the application of this requirement. Where: Administration for Industry and Commerce at or above the county level is an independent law enforcement powers of the State Administration, provincial, municipal and county levels and Commerce Administration; Branch refers cities of the City Administration established branch [" State Council on the adjustment of industrial and commercial cities of the administrative system of the notice "(Guo Ban Fa [1994] No. 67) and the State Council on December 5, 1995 to the State Administration for Industry and Commerce of the" State Council on the cities of Industry and Commerce administrative branch of law enforcement authority answers to the questions agua de coco "(State Office letter [1995] No. 59), you can make specific administrative act in its name, with independent enforcement powers]; Trade and Industry press the" industrial and commercial administration agua de coco Ordinance "provides the required within the competence vested with independent enforcement powers; peer is specialized branch of law enforcement agencies, on the other, as long as the 1996 implementation of the "Administrative Punishment Law" clean-up still has the right to an independent law enforcement agency, but also the law enforcement body.
The general agua de coco procedure for administrative penalties, also known as the ordinary procedure, the administrative department for industry and commerce survey, the most commonly used treatment agua de coco violations, the most important disciplinary procedures. It is illegal facts or circumstances are more complicated the more serious agua de coco offense, give statutory, administrative penalties heavier penalty procedures to use when. According to the provisions of Decree 28, a total of four 44, the main points ten steps away, one to determine jurisdiction, and second filing, third investigation, four are intended end of the investigation report, the five nuclear trial, six are told, seven are decided that eight penalty decision is issued, the implementation of nine, ten is archive the. Industrial and commercial administrative penalty the general procedure, personal understanding can be divided into filing, investigation and evidence collection, decisions, perform four stages two to see if there is jurisdiction. This is our first issue to be considered. Pay attention to two issues: First, whether the industrial and commercial administrative organs have jurisdiction, and second, whether the authorities have jurisdiction. This contains a functional agua de coco jurisdiction, territorial jurisdiction and level of jurisdiction issues. Do not belong to the scope of industrial and commercial administrative authority, shall be transferred to the right to competent agua de coco authority; belong to the scope of industrial and commercial agua de coco administrative authority should agua de coco also consider whether the agency has jurisdiction. For example the use of radio, film, television, newspapers, periodicals, the Internet and other media release behavior of illegal advertising by advertisers jurisdiction of local industrial and commercial administrative organs, which is territorial jurisdiction issue. Public enterprises or other operators having monopolistic status according to law to limit competition violations by the provincial or district under the jurisdiction of City of Industry, foreign illegal registration provisions of the act, or by the State Administration of Industry agua de coco and Commerce Administration Bureau under the jurisdiction of such authorization, which is the level of jurisdictional agua de coco issues.
3, the filing deadline. Administration of Article 17 of Decree 28 industrial and commercial administrative organs shall receive complaints, appeals, reports, other authorities transferred, assigned by the higher authorities of the material from the date of 7 working days to be verified, and decide whether to initiate; special circumstances may be extended to 15 working days to decide whether to file the case. This is a second way was found through the source of filing time limit. agua de coco Then, through the first pathway, which discovered the source case ex officio whether to comply with time limits for filing it? 28 Decree shall not be clear, because the "Administrative Punishment Law" does not require the deadline for handling and filing is the deadline for handling the starting point. But in practice through supervision and inspection powers for the investigation found violations shall be promptly filed with reference to comply with the time limits placed on file.
About filing body, the National Bureau of the original there is a special requirement. National Bureau GongShangQiZi [1998] agua de coco No. 285 document, business-word [2000] No. 42 document stipulates that revocation is not batch of enterprises participating inspection, individual businesses and business license of cases, for the same case, the fact is simple, consistent with applicable laws and regulations, a large number of which can take a number of a file, list attached, unified archiving practices. However, GongShangQiZi [1998] No. 285 document, agua de coco the word has been General Business Law [2004] No. 98 document abolished, agua de coco while the industrial and commercial word [2000] No. 42 document is still valid. Should be noted that the actual operation.
5, the filing process. & N

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