Is it an administrative punishment to order to suspend business for rectification?

Ordering to suspend business for rectification is an administrative punishment measure, which is usually aimed at enterprises, institutions or other organizations that violate relevant laws, regulations and rules, with the purpose of correcting their illegal acts and maintaining market order and public interests.

I. Definition and nature of ordering to suspend business for rectification

Ordering to suspend business for rectification refers to an administrative decision made by an administrative organ that requires enterprises, institutions or other organizations that violate laws, regulations and rules to stop their business activities within a certain period of time and carry out internal rectification. This kind of punishment is mandatory and punitive, and it is a means of punishment for illegal acts by administrative organs.

Second, the application of the order to suspend business for rectification

Ordering to suspend business for rectification usually applies to the following situations: First, enterprises, institutions or other organizations have serious violations of laws and regulations such as producing and selling fake and shoddy products and illegally discharging pollutants; Second, the illegal act has a great impact on the market order or public interests, and it is necessary to suspend business for rectification to eliminate the impact; Third, the illegal subject refuses to correct or the rectification is not in place after receiving the rectification notice, and more severe punishment measures need to be taken.

Three, ordered to suspend business for rectification procedures and requirements

The administrative organ shall investigate and collect evidence according to law before making the punishment decision of ordering to suspend business for rectification, so as to ensure that the facts are clear and the evidence is conclusive. At the same time, we should listen to the statements and arguments of the parties and protect their legitimate rights and interests. After the decision on punishment is made, it shall be served on the parties in time and inform them of the remedies they enjoy. After receiving the punishment decision, the parties concerned shall stop their business activities as required, carry out internal rectification, and report the rectification to the administrative organ within the prescribed time limit.

Four, ordered to suspend business for rectification of the legal effect

The legal effect of ordering to suspend business for rectification is mainly reflected in the following aspects: first, forcing the illegal subject to stop illegal behavior and eliminate its adverse effects on market order and public interests; The second is to urge the illegal subjects to carry out internal rectification, correct illegal acts and raise awareness of law-abiding; The third is to safeguard the authority and seriousness of laws and regulations and ensure fair competition in the market and public interests.

To sum up:

Ordering to suspend business for rectification is a compulsory and punitive administrative punishment measure, which is applicable to enterprises, institutions or other organizations that have serious violations of laws and regulations. By ordering to suspend business for rectification, illegal acts can be corrected and market order and public interests can be guaranteed. In the process of implementation, the administrative organ shall investigate and collect evidence according to law, listen to the statements and arguments of the parties and protect the legitimate rights and interests of the parties. At the same time, relevant parties should actively cooperate with the work of administrative organs, stop business activities as required and carry out internal rectification.

Legal basis:

Administrative Punishment Law of the People's Republic of China

Article 9 provides that:

Types of administrative punishment:

(a) warning, informed criticism;

(two) fines, confiscation of illegal income and confiscation of illegal property;

(three) the license is temporarily withheld, the qualification level is lowered, and the license is revoked;

(4) Restricting production and business activities, ordering production and business suspension, ordering closure and restricting employment;

(5) Administrative detention;

(6) Other administrative penalties as prescribed by laws and administrative regulations.