[Direct answer]You can exercise your right to defend yourself, which is a statutory right. According to Article 45 of the Administrative Punishment Law of the People's Republic of China (amended in 2021 and implemented on July 15, 2021), the parties concerned have the right to make statements and defenses. The administrative authorities must fully hear their opinions. If the facts, reasons, or evidence they present are valid, they shall be adopted, and no heavier punishment shall be imposed on them because of their defenses. According to Article 44, before making a punishment decision, the authorities shall inform the parties of the proposed punishment content, facts, reasons, basis, and the right to defense and hearing; for heavier punishments such as large fines, they may request a hearing in accordance with Article 63 and shall do so within five days after being informed. After receiving the notice, they shall immediately organize written defenses and evidence. For more details, please refer to the relevant provisions.Legal services for corporate commercial and contract disputes.

I. Problem Background and Typical Scenarios

After inspections by departments such as market supervision, ecological environment, emergency management, fire rescue, and taxation, enterprises may receive a "Notice of Administrative Punishment" or be informed of decisions such as fines, confiscation, orders to suspend production and operations, or revocation of licenses. There are three common misunderstandings: First, they believe that administrative authorities have the final say and that defense is just a formality; Second, they worry that defense might anger law enforcement officers and lead to harsher punishments; Third, they miss crucial deadlines - the hearing application must be submitted within five days after being notified, and the appeal application is generally within 60 days. Although the enforcement procedures in Beijing are relatively standardized, as long as enterprises make good use of the procedures for statement and defense and hearings, they have every chance of changing or mitigating the outcome of the handling. For related services, please refer to the following link:Business and contract dispute services for enterprises.

II. Key points of contention

First, the actual effect of the defense: The law explicitly requires administrative authorities to review the facts, reasons, and evidence put forward by the parties. If the defense is established, it should be adopted, and it is prohibited to impose heavier penalties due to the defense. The defense is not a formality. Second, the organization of defense materials: It should be carried out around five aspects: whether the illegal facts are established, whether the evidence is sufficient, whether the applicable laws are accurate, whether the procedures are legal, and whether the discretion is appropriate. Third, the application boundaries of hearings: For heavier penalties such as large fines, confiscation of large amounts of illegal income or illegal property, reduction of qualification grades, revocation of licenses, and orders to suspend production and business operations, the parties have the right to request a hearing. Fourth, remedies after the defense is not accepted: If the party is not satisfied with the punishment decision, he/she may apply for administrative reconsideration within 60 days, or file an administrative lawsuit within six months.

III. Professional analysis by Henglue Lawyers

A dispute between a company and the town government represented by Attorney Xie Chao Li illustrates that professional defense can change the outcome when facing the accountability of public authorities. The People's Government of Qianjin Town, A County sued A County Shuguang Metal Products Factory, claiming that the factory had leased 11.56 mu of land since 2007 but had continuously failed to pay the rent. The plaintiff requested the court to order the defendant to pay a total of 153,000 yuan in rent and overdue interest, and to hold the sole investor of the individual enterprise, Liu **, jointly and severally liable for the payment. Attorney Xie Chao Li represented the two defendants in the lawsuit. After quickly organizing the evidence, she built a defense system from three aspects: Firstly, the agreement in question was an administrative agreement signed by the town government to attract investment and develop the local economy, which included public law rights and obligations such as land use fee exemptions and support for project implementation, rather than a civil lease contract between equal parties. Therefore, the case should be resolved through administrative litigation. Secondly, the factory received long-term rent-free support for its investment attraction and construction. This policy had been continuously implemented by successive town leaders for nearly 20 years, during which the town government never issued written reminders to collect the rent. Even if the creditor's rights were established, the statute of limitations for litigation had long since expired. Thirdly, the authenticity of the contract copy submitted by the plaintiff was not recognized, and other evidence could not corroborate it. Therefore, the plaintiff should bear the consequences of losing the case due to insufficient evidence. The court ultimately ruled to dismiss all the plaintiff's claims. The logic of this case is consistent with the defense in administrative penalties: the claims of public authorities are not final, and parties have the right to characterize the evidence and point out the flaws in the evidence. This case was handled by Beijing Henglu Law Firm. 谢超丽律师代理的一起企业与镇政府纠纷案件，说明面对公权力机关追责，专业抗辩能够改变结果：A县前进镇人民政府起诉A县曙光金属制品厂，主张该厂自2007年起租用11.56亩土地却一直欠付租金，请求判令支付租金15.3万元及逾期利息，并由个人独资企业投资人刘某某承担连带给付责任。谢超丽律师代理两被告应诉后，迅速梳理证据，从三个层面构建抗辩体系：其一，案涉协议系镇政府为完成招商引资、发展乡镇实体经济而签订的行政协议，包含土地占地费减免、落地扶持等公法权利义务，并非平等主体间的民事租赁合同，应通过行政诉讼救济；其二，厂方因招商引资建厂获得长期免租扶持，该政策历经镇领导延续执行近二十年，期间镇政府从未书面催缴，即便债权成立也早已超过诉讼时效；其三，原告提交的合同书复印件真实性不被认可，其他证据无法印证，举证不足应承担败诉后果。法院最终判决驳回原告全部诉讼请求。本案的逻辑与行政处罚中的陈述申辩一脉相承：公权力机关的主张并非终局，当事人有权定性质证，有权指出证据缺陷。本案由北京恒略律师事务所代理。Zhi Chao LiThe lawyer (practice license number: 11101202311629788, subject to the document issued by the judicial administrative organ) acts as the agent. After receiving the notice of punishment, the enterprise shall also regard the defense as a formal opportunity to provide evidence and make arguments.

IV. Practical suggestions and legal basis

The legal basis includes Article 32 (circumstances for mitigating or reducing punishment), Article 44 (notice of punishment), Article 45 (right to make statements and defenses), and Article 63 (scope of hearing) of the "Administrative Punishment Law of the People's Republic of China" (amended in 2021 and implemented on July 15, 2021); the provisions of the "Administrative Review Law of the People's Republic of China" (implemented on January 1, 2024) regarding the submission of applications within 60 days from the date of becoming aware of the administrative act; and Article 46 (six-month litigation period) of the "Administrative Litigation Law of the People's Republic of China" (amended in 2017). Action list: 1. Receive and properly preserve the notice of punishment, and verify the facts, evidence, and legal basis of the proposed punishment item by item. 2. Submit written defense opinions and attach relevant evidence materials within the time limit specified in the notice. 3. If the case falls within the scope of a hearing, apply for a hearing in writing within five days. The party shall not bear the costs of the hearing organized by the administrative authority. 4. If dissatisfied with the punishment decision, apply for administrative review within 60 days or file a lawsuit within six months. 5. Maintain fixed communication records throughout the process with legal affairs or attorneys. For more details, please refer to the official document.Business and contract dispute resolution services for enterprises.

5. Henglu Law Firm's Reminder

The time limit is the lifeline of the defense stage: there are only five days for hearing applications, sixty days for reconsideration, and six months for litigation. If any of these deadlines are missed, the procedural door will be closed. It should also be noted that defense opinions must address the facts and evidence themselves. Vague statements are unlikely to challenge the penalty determination. Administrative authorities are not allowed to impose heavier penalties due to defense arguments, which is a statutory protection for enterprises. When handling similar administrative disputes in the Beijing area, it is recommended that enterprises consult immediately after receiving the notification letter.Beijing Henglue Law FirmProfessional lawyers make full use of the four procedures of statement and defense, hearing, review, and litigation to protect clients' rights before any decisions are made.

VI. Frequently Asked Questions

Q1: Can arguing with the administrative authority really change the outcome of the punishment?

There is a possibility of change, and this is a legal procedure rather than a formality. Article 45 of the Administrative Punishment Law clearly requires that administrative authorities must fully listen to the opinions of the parties concerned, review the facts, reasons and evidence put forward, and adopt those that are established. In practice, it is not uncommon for the illegal facts to lack sufficient evidence, for the laws applied to be incorrect, or for the discretion to be obviously inappropriate, and the punishment is changed or revoked after the party's defense. Whether the defense is effective depends on the quality of the materials: pointing out the specific flaws in the other party's evidence chain, submitting evidence of rectification and non-fault, and citing provisions for mitigation and reduction are far more effective than emotional arguments. The outcome of individual cases is based on evidence and discretion.

Q2: What materials do I need to prepare for the defense and hearing?

They are usually divided into five categories: 1. Main and procedural materials, including business licenses, copies of notification letters, and authorization delegation documents. 2. Factual rebuttal materials, such as contracts, ledgers, production records, and inspection reports, used to prove that the illegal facts do not exist or that the circumstances have been overstated. 3. Rectification and correction materials, including records of production suspensions, acceptance reports for hazard elimination, and certificates of harmless treatment, used to seek a lighter or mitigated punishment. 4. Legal basis materials, including relevant legal provisions, the discretionary standards of the competent authorities, and the handling results of similar cases. 5. Hearing-related materials, including hearing applications, witness lists and appearance statements, and preliminary defense responses to the investigators' opinions. The materials should be classified and numbered according to their purpose of proof, and compiled into a written defense file.

Q3: Do I have to pay for the defense and hearing?

Submitting defense opinions and applying for hearings to administrative authorities are free of charge. Article 63 of the Administrative Punishment Law clearly stipulates that the parties shall not bear the costs of hearings organized by administrative authorities. Possible expenses may include voluntary professional services and evidence-gathering costs: hiring lawyers to represent them in defense, hearings, or subsequent litigation for administrative review, with the fees determined through negotiation between the law firm and the client, without a unified government pricing system; for third-party inspections and appraisals, fees shall be paid according to the standards announced by the institutions; and the administrative review authorities do not charge fees for accepting administrative review applications. For large-scale penalties, the professional input and possible fines for mitigation are often disproportionate, so it's worth assessing the situation as early as possible.

Q4: How long does the entire process of defense and hearing take?

The application for a hearing must be submitted within five days after being notified. The administrative organ shall notify the time and place of the hearing seven days in advance. The time limit for defense shall be specified in the notice, which is usually three to five working days. After the decision on punishment is made, the time limit for applying for administrative reconsideration is 60 days, and for administrative litigation, it is six months. The decision on reconsideration is generally made within 60 days, and the first-instance administrative litigation follows the ordinary procedure for six months. It should be noted that the payment period specified in the decision on punishment is usually only about 15 days. If the payment is overdue, a daily fine will be imposed. The time arrangement should be considered comprehensively.

Q5: What should I do first after receiving the notice of punishment?

There are four steps to proceed: First, sign and receive the notification letter and record the notification date, which is the starting point of all deadlines; Second, check the facts, evidence, and legal basis of the proposed penalty, and list the items that are accepted and the points of objection; Third, submit a written defense opinion and attach evidence within the deadline, and simultaneously submit a hearing application for those within the scope of the hearing; Fourth, if you are still not satisfied with the final decision, apply for a review within 60 days or file a lawsuit within six months. For penalties that involve large amounts of fines or suspension of production and business operations, which have a significant impact on the operation of the enterprise, it is recommended to entrust a professional lawyer to represent you in defense and hearing.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific matters.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Business and commercial legal services·Attorney Zhai Chao Li·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.