Introduction

According to the following given materials, combined with the relevant legal provisions, answer 1-5 questions

In order to ensure the safety of the masses on the tip of the tongue, recently, the A City Market Supervision Bureau of the city of A network catering ordering platforms and the implementation of the main responsibility of the merchants in the network to carry out random checks. In the random inspection process found A, B two restaurants engaged in illegal network food ordering. A restaurant, the overall conditions do not meet the requirements of the food business license; B restaurant business license there is a suspicion of forgery. A City Market Supervision Bureau finally made A restaurant ordered to suspend production and business punishment; B restaurant pre-seizure, after investigation, B restaurant business license does not meet the legal requirements, after the B restaurant imposed a fine of 10,000 yuan and confiscated its illegal income.

1. A City Market Supervision Bureau of A Food and Beverage Restaurant A ordered to suspend production and business belongs to:

A. Reputation penalty

B. Property penalty

C. Behavioral penalty

D. Physical penalty

2. Regarding the order to suspend production and business, the following statements are correct:

A. The local government rules and regulations can set the The penalty of suspension of production and business suspension

B. A restaurant shall file an administrative reconsideration if it is not satisfied with the penalty

C. A restaurant may apply for an administrative reconsideration within three months if it is not satisfied with the penalty

D. Before imposing the penalty of suspension of production and business suspension, the administrative organ shall inform the relative of the right to hearing

3. If A restaurant applies for a hearing, the following statements are correct about the hearing The following statements are incorrect:

A. The party must attend the hearing in person

B. Hearings are generally held in public, but there are exceptions

C. The party does not bear the costs of the administrative organ to organize the hearing

D. The administrative organ shall notify the party of the time and place of the hearing 7 days prior to the hearing

4.A City market The seizure of Restaurant B by the Supervision and Administration Bureau belongs to:

A. Administrative Disposition

B. Administrative Penalty

C. Administrative Compulsory Measures

D. Administrative Compulsory Enforcement

5. With regard to administrative penalties, the following statements are correct:

A. Administrative laws and regulations can set up administrative penalties restricting personal freedom

B. Administrative regulations may set up administrative penalties restricting personal freedom

C. Administrative regulations may set up administrative penalties limiting personal freedom

D. Administrative regulations shall be applied in accordance with the provisions of the law of the city of Beijing. p>

B. Before the decision on confiscation of illegal income is made, the relative shall be informed of the right to a hearing

C. The administrative penalty shall be suspended during the period in which the party applies for an administrative reconsideration

D. If the administrative offense is not discovered within two years, no further administrative penalty shall be imposed

Reference Answer:

1 Answer C. Analysis: warning belongs to the reputational penalty; fines and confiscation of illegal income, illegal property belongs to the property penalty; ordered to suspend production and suspension of business, as well as suspension or revocation of permits, suspension or revocation of licenses belongs to the behavior of the penalty; administrative detention belongs to the personal penalty. According to the provisions of the administrative reconsideration law, citizens, legal persons or other organizations that a specific administrative act infringes on their lawful rights and interests, can be aware of the specific administrative act within sixty days from the date of the administrative reconsideration application, item C is wrong. item D is in line with the provisions of the law, correct. Therefore, the answer to this question D.

3. Answer A. Analysis: According to the provisions of the Administrative Penalty Law, the parties can personally participate in the hearing, you can also entrust one or two people on behalf of the A. A does not comply with the provisions of the law, is incorrect. The other options are in accordance with the law. Therefore, the answer to this question choose A.

4. Answer C. Analysis: According to the provisions of the Administrative Compulsory Law, administrative coercive measures, refers to the administrative organs in the process of administrative management, in order to stop the illegal behavior, prevent the destruction of evidence, to avoid the occurrence of harm, to control the expansion of danger and other circumstances, according to the law of the citizens of the implementation of the temporary restriction of personal liberty, or citizens, legal persons or other organizations of the implementation of the temporary control of the act of property. Temporary control of the behavior. Types of administrative coercive measures: (1) restriction of citizens' personal freedom; (2) seizure of places, facilities or property; (3) seizure of property; (4) freezing of deposits, remittances; (5) other administrative coercive measures. Therefore, the answer to this question C.

5. Answer D. Analysis: According to the provisions of the Administrative Penalty Law, the law can set a variety of administrative penalties, restrictions on personal freedom of administrative penalties, can only be set by law. Administrative regulations can set administrative penalties other than the restriction of personal freedom.A error. Before the administrative organ makes a decision on administrative penalties such as ordering the suspension of production and business, revocation of permits or licenses, or imposing larger fines, it shall inform the party concerned of its right to request a hearing, which does not include confiscation of the illegal income.B. Item B is incorrect. The parties to the administrative penalty decision to apply for administrative reconsideration or administrative litigation, the administrative penalty does not stop the implementation, except as otherwise provided by law. item C is wrong. item D is in line with the provisions of the law, correct. Therefore, the answer to this question D.

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