1. Administrative detention is an important and common administrative punishment. Administrative detention refers to a kind of administrative punishment that legal administrative organs (especially public security organs) restrict personal freedom in a short time for those who violate administrative legal norms according to law.
2. Administrative detention is the most severe administrative punishment, which is usually applied to cases where serious violation of public security management does not constitute a crime, and warnings and fines are not enough to punish. Therefore, the law has strict regulations on its establishment, implementation conditions and procedures. The decision-making power of administrative detention belongs to the public security organs at or above the county level;
3. The term is generally within 10 days, and the heavier one is not more than 15 days; After the announcement of the administrative detention decision, during the application for reconsideration and administrative litigation, if the punished person and his relatives find a guarantor or pay a deposit in accordance with the regulations, they may apply to the administrative subject for suspending the execution of administrative detention. Administrative detention is different from criminal detention and judicial custody.
Extended data:
First, China's previous Regulations on Administrative Penalties for Public Security stipulated administrative detention, and the Law on Administrative Punishment for Public Security stipulated administrative detention in more detail. Administrative Detention With the "Regulations on Administrative Penalties for Public Security" being replaced by the "Law on Administrative Penalties for Public Security", the administrative detention system has also undergone some changes.
Secondly, according to the current Law on Public Security Administration Punishment, the third item of Article 10 in Chapter II of the Law stipulates that administrative detention is a kind of public security administration punishment, which clarifies the nature of administrative detention, that is, a kind of public security administration punishment. Article 16 of the law stipulates: "If there are more than two acts violating the administration of public security, they shall be sentenced separately and executed jointly. If the punishment of administrative detention is combined, the maximum time shall not exceed twenty days. "
3. Article 21 of this Law stipulates: "If a person who violates the administration of public security is under any of the following circumstances and should be punished by administrative detention according to this Law, he shall not be punished by administrative detention:
1, full 14 years old but under 16 years old;
2, has reached the age of sixteen but less than eighteen, the first violation of public security management;
3. More than 70 years old;
4. Pregnant or nursing a baby under one year old. "This article negatively excludes the object of application, that is, administrative detention does not apply to people who meet certain circumstances, in order to reflect humanistic care.
Four, the "Public Security Administration Punishment Law" directly makes the above provisions on the administrative detention system, and others are aimed at whether the specific violation of the "Public Security Administration Punishment Law" can be applied to administrative detention.
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