Traditional Culture Encyclopedia - Hotel accommodation - Legal basis for sealing up hotels

Legal basis for sealing up hotels

Legal analysis: There are two cases of seizure in legal practice. First, the seizure in criminal law is a temporary enforcement measure, which means that the property of the person subjected to execution is counted and stamped with the seal of the people's court, and no one may transfer or dispose of it. In administrative coercion, sealing up places, facilities or property is an administrative coercive measure.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 102 When necessary, the people's court may take such preservation measures as sealing up, distraining and freezing the defendant's property. The plaintiff or the people's procuratorate in an incidental civil action may apply to the people's court for preservation measures. The people's court shall adopt preservation measures and apply the relevant provisions of the Civil Procedure Law.

Article 141 All kinds of property and documents found in investigation activities that can prove the criminal suspect's guilt or innocence shall be sealed up and detained; Property and documents irrelevant to the case shall not be sealed up or detained.

Administrative Compulsory Law of the People's Republic of China

Article 9 Types of administrative compulsory measures: (1) Restricting citizens' personal freedom; (2) sealing up places, facilities or property; (3) seizing property; (4) Freezing deposits and remittances; (5) Other administrative compulsory measures.

Twenty-sixth places, facilities or property that have been sealed up or detained shall be properly kept by the administrative organ and shall not be used or damaged; If losses are caused, it shall be liable for compensation. The administrative organ may entrust a third party to keep the sealed place, facility or property, and the third party may not damage it or transfer or dispose of it without authorization. If losses are caused by a third party, the administrative organ shall have the right to recover from the third party after paying in advance. The storage expenses arising from the seizure and detention shall be borne by the administrative organ.

Article 27 After taking measures of sealing up or detaining, the administrative organ shall ascertain the facts in time and make a decision on handling the matter within the time limit stipulated in Article 25 of this Law. If the illegal facts are clear, the illegal property that should be confiscated according to law shall be confiscated; If laws and administrative regulations require destruction, it shall be destroyed according to law; If the seizure or detention should be lifted, a decision should be made to lift the seizure or detention.