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行政罚款作为一种重要的财产罚,在实践中为行政机关所普遍适用,对公民、法人和其他组织的权益有着广泛的影响。法律对行政罚款规定了大量的适用情形,而对行政罚款强制执行的规定却相当笼统,导致执法、司法上的混乱。行政罚款决定的生效及其效力范围行政罚款决定是强制执行的依据,行政行为一经生效即对当事人的权益产生影响。行政处罚法第四十条规定:“行政处罚决定书应当在宣告后当场交付当事人;当事人不在场的,行政机关应当在7日内依照民事诉讼法的有关规定,将行政处罚决定书送达当事人。”送达是生效的前提。民事诉讼法规定的送达方式有直接送达(包括留置送达)、邮寄送达、委托送达、公告送达等。行政罚款决定只有采用上述送达方式,并符合不同送达方式的相关要求才能认定已经生效。行政罚款决定生效后开始计算复议和诉讼期间,同时当事人也应按照罚款决定指定的期间履行缴纳罚款的义务。
As an important property penalty, administrative fines are universally applicable to administrative agencies in practice and have a broad impact on the rights and interests of citizens, legal persons and other organizations. The law provides for a large number of applicable fines for administrative fines. However, the provisions on the enforcement of administrative fines are quite general, leading to law enforcement and judicial chaos. The Effectiveness and Effectiveness of the Decision on Administrative Penalty The decision of administrative penalty is the basis of enforcement. Once the administrative act has taken effect, it will affect the rights and interests of the parties concerned. Article 40 of the Administrative Punishment Law stipulates that: “The decision on administrative penalty shall be delivered to the parties on the spot after the announcement; if the parties are not present, the administrative organ shall, within 7 days, serve the party concerned with a written decision of administrative penalty in accordance with the relevant provisions of the Civil Procedure Law . ”Delivery is the prerequisite for entry into force. Civil service law provides for direct delivery of service (including the retention of service), by mail delivery, commissioned service, notice delivery and so on. Administrative fines are determined only by the above method of delivery, and in accordance with the relevant requirements of different delivery methods can be found to have taken effect. After the administrative penalty decision comes into effect, the period of reconsideration and litigation shall start to be calculated, and the parties shall also fulfill their obligation to pay the fine according to the period specified in the fine.