[Zhang Xian Yao by: for understandable reasons, I will be the identity of the parties to be false in the text, but in certain instead! Hope to understand! ]

                        One against Guangzhou a public security administrative case agent notes

  Yesterday afternoon, call me a call in a Guangzhou Court Administrative Tribunal staff: "Zhang lawyers, you a few days ago, the public security agency prosecution case is now in force, in accordance with the regulations, we'll give you a refund of 50 yuan of litigation fees", I hastened to promise recently went to court to get the 50 pieces of litigation fee.
   In fact, this is a relatively simple administrative litigation cases. The principal is a pair of Ye sun. One day in July last year, ye sun two on a piece of land to plant flowers the next two grandpa was beaten, resulting in Ye sun two injured, grandson immediately called to the 110 alarm, ye sun two and mass captured one batterers Wu Moumou, another escape.
Grandpa the diagnosis by the hospital is 1, the right knee contusion; 2, the right knee joint degeneration. Doctor: brake, discomfort and follow-up. The grandson was diagnosed as: multiple soft tissue contusion. Doctor: not timely follow-up, outpatient visit. The two plaintiffs by the local police station of public security guidelines to District branch of the forensic identification, identification results for minor injury.

    At the end of 7 grandpa find this matter to police station police station, ear character copy of a [2011] station by a public security administrative punishment decision letter to grandpa. But the punishment decision on the part of facts ascertained is not very clear, the captured Mr. Wu Gang and injured two people. The utility "assault" statement. Punishment is merely the result of Wu a fine of 500 yuan. The legal basis for the "forty-third Public Security Management Punishment Law" the people's Republic of China, the provisions of the first paragraph.
   But the combination of the facts of the case, ye sun two people in the time has expired 68 years old grandpa. Then the man and another man together and wounded two plaintiffs, and caused two people slight injury consequences. The case according to law shall be applicable to "Public Security Management Punishment Law" forty-third paragraph second: "in any of the following circumstances, department for more than ten days to fifteen days detention, a fine of five hundred yuan of above one thousand yuan of the following:
(a) Gang beating, harm to others;
(two) assault, injury, pregnant women, disabled people under fourteen years of age or over the age of sixty people;
(three) repeatedly beaten and hurt other people, or an injury more beatings, the."
   In this case, the victim of the old age is 68 years old, he was beaten, Harmer should be more than ten days to fifteen days detention, administrative punishment shall be five hundred yuan to one thousand yuan, and the case has hurt the gang beating, two episodes and a hurt two people beaten, plot. In accordance with the law shall be subject to administrative punishment in accordance with the provisions of injurer forty-third section second of. But in this case it is only a fine of 500 yuan.
   The facts of this case is so simple, when I saw two people's statements and relevant evidence, I think the public security organ of the punishment is illegal, is clearly erroneous application of the law, make a decision of punishment is wrong. But to correction of words, to sue the public security organs or the application for reconsideration, but this kind of case if go review program is more complex, time later. When the old man came because of leg injury has not healed, still wrapped in gauze, leaning on a crutch. So I recommend this situation reflects to the police station police station, see whether can revoke the decision of their punishment, otherwise the injurer Wu Moumou by public security administrative punishment of detention.
   Two people listen to me say back, but after a few days, two people again. Do not use, or sticking to prosecute. To tell the truth, the administrative case in court cases which the number is relatively less, the number of lawyers is rarely necessary. Of course, I also agents of some administrative cases, but the prosecution of administrative case to the public security is the first time. Many colleagues advised me not to train the muddy water, against public security can be thought. But see ye sun two eyes looking forward, my evaluation of legal belief based on litigation and prospects. I promised acting case, filed an administrative lawsuit to the court, request the court to revoke the police station on administrative punishment Wu Moumou decided, ordered it to be an administrative punishment decision.
   After the situation would have been a much simpler. Before the trial, the accused the police organs at higher levels of a public security bureau was informed that the case of litigation, namely, access to the public security administrative punishment records the police station, that erroneous application of the law. According to the mechanism of the administrative organs to error correction, a Guangzhou District Public Security Bureau made public a method [2011]01, ear monitoring of internal supervision of law enforcement decision, to revoke the defendant Guangzhou City Public Security Bureau police station on the District Public Security Bureau and the administrative punishment of third people Wu Moumou decided in 2011 October, Guangzhou City Public Security Bureau branch directly to make public a will spike the word [2011] in a written decision on administrative penalties for public security, decided to third people Wu Moumou make detained for 15 days and fined 500 yuan of administrative punishment decision, execution and delivery. In this case to hold a hearing, it shall appear in court in third Wu Moumou because have been public security administrative detention, to where he was supposed to go. So he did not appear in court.
Because the case was by this time, ye sun two litigation has been completed, the hearing is just a procedure. But two people resolutely not withdrawing, then in accordance with the provisions of the Supreme Court, such cases if the plaintiff did not withdraw, although the organs at higher levels the defendant has withdrawn the wrong decision of punishment, the court still to the legitimacy of the administrative action to review, make the original administrative punishment is legal judgment.
   After the trial ended after a period of time, the court's decision. The judgment result is decision announcement first administrative punishment for illegal police station. The case down the sentence, have not heard of the public security organs appeal. Today, did not think the court take the initiative to inform the case has been in force, to refund the 50 yuan of litigation costs.
After the case: while the case is relatively small, the facts of the case and the law is stick out a mile. But as the grass-roots public security police in dealing with the relationship between the public security administrative cases of ordinary people's personal rights and interests, we must uphold the fact as the basis, take the law as the criterion, principle, accurate ascertainment of facts and the application of the law, will not make a mistake or error decision. In my opinion, the administrative punishment in the case of local police station is obviously biased third party suspicion, because the fact is very clear, put in there, but deliberately used an irrelevant law, apply a light punishment; the law applicable should be put in there but to pay no heed, selective enforcement clearly the. Because of the principal of litigation, the case was to restore true colours, the justice of law has been displayed.
   This is a very small public security administrative cases, my client is very ordinary citizens. But the administrative organ to make each administrative decisions, have substantive effect without civil rights and obligations. This requires the administration really in accordance with the provisions of the procedural law and the substantive law of the relative person to make administrative decisions. This can be done according to the law, the maintenance of an administrative authority and the authority of the government!