Article 22 of the Administrative Punishment Law of the People's Republic of China shall be under the jurisdiction of the administrative organ where the illegal act occurred. Where laws, administrative regulations and departmental rules provide otherwise, such provisions shall prevail. Article 23 Administrative punishment shall be under the jurisdiction of the administrative organs of local people's governments at or above the county level. Where laws and administrative regulations provide otherwise, such provisions shall prevail. Twenty-fourth provinces, autonomous regions and municipalities directly under the central government may, according to the local actual situation, decide to entrust the administrative punishment power of the county-level people's government departments that are in urgent need of grass-roots management to the township people's governments and sub-district offices that can effectively undertake it, and organize regular assessments. The decision should be made public. Township people's governments and sub-district offices that bear the power of administrative punishment shall strengthen the construction of law enforcement capacity and implement administrative punishment in accordance with the prescribed scope and legal procedures. The relevant local people's governments and their departments should strengthen organization and coordination, professional guidance and law enforcement supervision, establish and improve the coordination mechanism of administrative punishment, and improve the evaluation system.
Will there be a criminal record in administrative detention?
According to the notice of Opinions on Establishing Criminal Record System issued by the Ministry of Public Security and the Ministry of Justice of the Ministry of National Security in the Supreme People's Procuratorate and the Supreme People's Court, criminal record refers to the record of a person's criminal behavior. Also known as the criminal record system, in our country's law, it generally refers to the archival records of criminal records, which are generally kept in the public security department. Administrative detention is not a criminal record, but the administrative detention record should be kept in the public security department of the public security organ.