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[promulgating unit] Ministry of Posts and Telecommunications
[promulgating date] 19951027
[implementation date] 19951027
[name of seal] notice
the Interim Provisions on proceres for administrative penalties for communications are hereby promulgated and shall come into force as of the date of promulgation. If you have any problems in the process of implementation, please write to the policy and regulation department of the Ministry of finance<
Annex: Interim Provisions on communication administrative punishment proceres
[chapter name] Chapter I General Provisions
Article 1 in order to standardize communication administrative punishment behaviors and ensure the consistent implementation of communication laws, regulations and rules, these Provisions are formulated in accordance with national laws and regulations
Article 2 the term "communication administrative punishment" as mentioned in these Provisions refers to the administrative sanctions imposed by the competent department of communication administration on citizens, legal persons and other organizations in violation of communication laws, regulations and rules<
for the purpose of these Provisions, the competent department of communications administration refers to the Ministry of Posts and telecommunications and its posts and Telecommunications Administrations in all provinces (including autonomous regions and municipalities directly under the central government)<
the communication administrative law enforcement agencies mentioned in these Provisions refer to the working agencies set up by or authorized by the communication administrative departments to be responsible for the communication administrative law enforcement
Article 3 communication administrative punishment should follow the principles of legality, impartiality, openness and the combination of ecation and sanctions. We must take facts as the basis and laws as the criterion to make the facts clear and the evidence conclusive, apply the laws, regulations and rules correctly and comply with the prescribed proceres< Article 4 those who have an interest in the case or a party to the case, which may affect the impartial investigation and handling of the case, shall withdraw
Article 5 when performing official ties, communication administrative law enforcement personnel shall show their identity by presenting their certificates
the communication administrative law enforcement certificate shall be stipulated by the Ministry of Posts and telecommunications< Chapter II Jurisdiction Article 6 the specific jurisdiction of exercising the power of communication administrative punishment shall be governed by the communication laws, regulations and rules< Article 7 the superior department of communication administration has the right to investigate and deal with the cases under the jurisdiction of the subordinate department of communication administration, or transfer the cases under its jurisdiction to the subordinate department of communication administration for investigation
if the lower communication administrative department considers that the case under its jurisdiction needs to be investigated by the higher communication administrative department, it can report to the higher communication administrative department for decision< Article 8 Any dispute over jurisdiction shall be settled by both parties through negotiation. If the negotiation fails, it shall be reported to the communication administrative department at a higher level for decision< Article 9 if the administrative department in charge of communication considers that the case is not in violation of communication laws, regulations and rules, it shall be transferred to the relevant department for handling, and the counterpart shall be informed< Article 10 if the following conditions are met, the competent department of communication administration shall file a case:
(1) the act of violating communication laws, regulations and rules< (2) administrative penalty shall be imposed in accordance with communication laws, regulations and rules< (3) it is within the jurisdiction and authority of the Department
Article 11 if the case meets the conditions for filing, the communication administrative law enforcement agency shall, within three days of knowing the illegal act, appoint the specific case undertaker, fill in the report form for filing communication illegal cases, and file the case with the approval of the person in charge of this
Agency< Article 12 the case undertaker shall start the investigation within 24 hours after filing the case
Article 13 investigation and evidence collection shall be concted jointly by two or more undertakers. According to the needs, the following investigation methods can be adopted:
(1) asking relevant personnel< (2) require the inquired personnel to provide written materials and certificates< (3) request the parties concerned to provide relevant technical data< (4) to examine the damage caused by illegal acts< (5) collect relevant material evidence and investigate the scene of the accident< (6) using recording, photographing, video recording and other equipment to obtain evidence< (7) other investigation methods<
Article 14 the inquiry should be concted indivially, and the investigation record should be made, which should be signed and sealed by the investigated
person and the undertaker
if the respondent refuses to sign and seal, the situation shall be indicated and signed by more than two contractors
personnel of relevant grass-roots organizations or units shall be invited to participate in the inspection of material evidence or scene. A record should be made of the situation and results of the
inspection, which should be signed and sealed by the inspectors and the invited participants< Article 15 evidence includes the following:
(1) documentary evidence< (2) material evidence< (3) audio visual materials< (4) testimony of witnesses< (5) statements of the parties< (6) identification conclusion< (7) records of inspection and on-site records
if the above evidence is not verified, it shall not be used as the basis for finding facts< Article 16 the investigation and evidence collection of general cases shall be completed within 10 days, and the investigation and evidence collection of major and complex cases shall be completed within 30 days. If the extension of time is required under special circumstances, it shall be reported to the supervisor for approval, but it shall not exceed 45 days at most
Article 17 after the investigation and evidence collection of a case is completed, the undertaker shall, within five days, make a report on the situation of communication violation cases, together with the approval form for filing communication violation cases and evidence materials, and submit them to the
leader in charge< Article 18 the leader in charge of the communication administrative department shall, within five days from the date of receiving the case
materials submitted by the case undertakers, summon the persons in charge of the communication administrative law enforcement agencies and legal work agencies and the relevant
personnel to form an odd number of case collegiate panel< Article 19 the collegial panel shall review and study all the materials of the case, and put forward the following opinions in accordance with the relevant laws, regulations and rules:
(1) if the facts are clear and the evidence is conclusive and administrative penalty should be imposed according to law, the collegial panel shall decide to impose administrative penalty and determine the type and range of administrative penalty< (2) if the facts are clear and the evidence is conclusive, but no administrative penalty should be imposed according to law, the case shall be withdrawn< (3) if the facts are clear and the evidence is conclusive, and administrative penalty should be imposed according to law, but it is considered necessary to be handled by the higher or lower communication administrative department, the decision shall be submitted to the higher communication administrative department or transferred to the lower communication administrative department for handling< (4) if the facts are clear and the evidence is conclusive, and administrative penalty should be imposed according to law, but it does not fall within the jurisdiction and authority of this department, the case shall be transferred to the relevant department for handling< (5) if the facts are unclear and the evidence is insufficient, the undertaker shall re investigate or decide to cancel the case< Article 20 the opinions of the collegial panel on the handling of general cases shall be put forward within three days from the date of formation, and the opinions on the handling of major and complex cases shall be put forward within five days from the date of formation. If it is necessary to extend the time under special circumstances, it can be extended with the approval of the person in charge of the communication administrative department, but it shall not be more than 10 days
when the collegial group puts forward the handling opinions, it shall fill in the report on handling opinions of illegal communication cases and report it to the person in charge of the communication administrative department for decision< If the administrative penalty is decided according to Article 21 of Chapter 6, the undertaker shall fill in the letter of decision on communication administrative penalty, affix the seal of the communication administrative department and deliver it to the party concerned<
Article 22 the letter of decision on administrative penalty for communication shall be directly delivered to the party concerned within five days from the date of issue, which shall be checked and signed by the person to be served. If the person to be served refuses to sign, the person to be served shall invite representatives of relevant grass-roots organizations or units to the scene to explain the situation, record the reason and date of rejection on the return certificate, and the letter of decision on administrative punishment shall be deemed to have been served if it is signed and sealed by the person to be served and the witness
If direct delivery is difficult, other delivery methods can be adopted
Article 23 the letter of decision on communication administrative punishment shall come into effect from the date of service< If a party subject to administrative penalty neither performs the penalty decision nor applies for reconsideration or brings an administrative lawsuit to the people's court within the prescribed time, the competent administrative department of the communication bank that made the decision shall apply to the people's court for compulsory execution
Article 24 for the cases that need to be submitted to the communication administrative department at the next higher level, the undertaker shall fill in the communication violation case submission form, affix the seal, and attach the communication violation case filing approval form, communication violation case investigation report, evidence and communication violation case handling opinion report, Within three days from the date of issuing the decision, it shall be submitted to the administrative department of communications at the next higher level
for the cases that need to be handed over to the lower administrative department of communication, the undertakers shall fill in the transfer form of communication violation cases, affix their seals, and attach the filing and approval form of communication violation cases, investigation report of communication violation cases, evidence and handling opinion report of communication violation cases, within three days after the decision is signed, It shall be transferred to the lower communication administrative department
Article 25 for the cases to be transferred to the relevant departments, the undertakers shall fill in the notice of case transfer, affix the seal of the communication administrative department, and attach the approval form of communication violation cases, investigation report of communication violation cases, evidence and handling opinion report of communication violation cases within seven days from the date of issuing the decision, Transfer to relevant departments< Article 26 the communication administrative law enforcement agency shall, within three days after the completion of the execution of the case, fill in the submission and approval form for the settlement of communication violation cases, which shall be signed by the person in charge of the agency< Article 27 the undertaker shall catalogue, bind, file and file all the documents and materials formed in the process of case investigation< Article 28 in order to collect fines and confiscate illegal gains and articles, a receipt for fines and confiscations printed by the financial department shall be issued and handled in accordance with the administrative measures for fines and confiscations and recovery of stolen money and articles issued by the Ministry of finance
Article 29 the administrative penalty cases handled by the communication administrative departments at all levels shall be reported to the legal work organization of the superior communication administrative department for record within 15 days after the case is closed<
the legal work institutions of the communication administrative departments at all levels shall, within 15 days after the end of each quarter, report the materials of administrative punishment cases reported by the lower communication administrative departments
Communication refers to the exchange and transmission of information between people or between people and nature through certain behaviors or media
in a broad sense, it means that the two or more parties who need information use any method and any medium to accurately and safely transmit information from one party to the other without violating their own wishes
ways of communication: Ancient beacon tower, drum beating, horse relay, carrier pigeon, flag language, etc., modern telecommunication, etc. Ancient communication for long distance, the fastest time to a few days, and modern communication by telecommunications, such as telegraph, telephone, express, SMS, e-mail, etc., to achieve instant messaging
citation explanation
1. Intercommunication
In Tang Dynasty, Li Deyu's "the letter of Dai Liu Mian and the Prime Minister of Uighur", he said, "I'm afraid that Uighur and Tubo will communicate with each other, which has made the soldiers and horses cut off the road of Sanhekou."2
Chapter 18 of nine lives strange injustice: "which one has not received great kindness from his nephew and father, who will go to correspondence?"
3. Articles reporting news
"Ta Kung Pao has successively published rural investigation correspondence, travel correspondence, travel sketching and field correspondence hosted by Comrade Chang Jiang," Xu saidArticle 4 freedom and secret of communication are protected by law. No organization or indivial may, for any reason, infringe upon another person's freedom and privacy of communication, except that the public security organ, the state security organ or the procuratorial organ shall, in accordance with the proceres prescribed by law, inspect the communication for the sake of national security or the pursuit of a criminal offence< Article 5 mail, remittances and savings deposits handed in and sent by users are protected by law. Except as otherwise provided by law, no organization or indivial is allowed to inspect or detain
Article 9 No unit or indivial may forge or falsely use special postal signs, postal sign clothing and special postal articles< In addition, there are also provisions on the protection of the obligee:
Article 20 users must abide by the provisions of the relevant competent departments of the State Council on the prohibition and limited delivery of articles when handing in or sending mail
Article 21 when users hand in or post mail other than letters, they shall hand it over to postal enterprises or their branches for face-to-face inspection. If the inspection is refused, it will not be accepted or sent
the letters handed in and sent by users must comply with the provisions on the content of allowed mail. When necessary, postal enterprises and their branches have the right to ask users to take them out for inspection< Article 22 postal enterprises and their branches shall deliver postal materials within the time limit prescribed by the competent department of postal services under the State Council< Article 23 undeliverable mails shall be returned to the sender
letters that cannot be delivered or returned, if unclaimed within the time limit specified by the competent department of postal services under the State Council, shall be destroyed by the regional postal administration
if the imported international postal articles that cannot be delivered or returned are unclaimed within the time limit specified by the competent department of postal services under the State Council, they shall be handled by the customs according to law
the handling measures for other mails that cannot be delivered or returned shall be stipulated by the competent department of postal services under the State Council
Article 24 the payee of postal remittance shall, within two months from the date of receiving the remittance notice, cash and collect the remittance at the postal enterprise or its branch with valid certificate; The remittances that have not been collected within the time limit shall be returned to the remitter by postal enterprises or their branches. The remittances that have not been collected within ten months from the date when the refund notice is delivered to the remitter shall be turned over to the state treasury.
communication and communication system are mainly composed of: random signal analysis; Channel; Analog molation system; Digital Baseband Transmission Systems
Communication instry is an instry of information exchange and transmission between people or between people and nature through certain behaviors or media, such as postal communication instry
communication is the information exchange and transmission between people or between people and nature through certain behaviors or media
in a broad sense, it means that the two or more parties who need information can transmit information from one party to the other accurately and safely, no matter what method and medium they use, without violating their own wishes
extended information:
the post and telecommunication instry includes post, telecommunication and other services related to post and telecommunication
business tax shall be levied according to this tax item for units and indivials engaged in express delivery business
1. Postal business includes various postal business activities such as letters, parcels, remittances, stamp issuing, stamp collecting and mail transportation, newspaper issuing, etc
2. Telecommunication services include telephone, telegraph, mobile communication, wireless paging, data transmission, fax, satellite communication and other telecommunication services and telecommunication transmission activities (such as services, microwave terminal system units, etc.)