Administrative penalties play an important role in our lives. So, how to write a statement of defense for industrial and commercial administrative penalties? For the defense, you can handle it accordingly as long as you follow the relevant laws and regulations. Since it is a statement If you are writing a defense letter, the writing form will definitely be standardized to a certain extent. Therefore, the most important thing for this type of issue is whether your understanding of administrative penalties reaches a certain level. Administrative penalties refer to specific administrative actions in which administrative subjects impose administrative sanctions on counterparties who violate administrative law norms and have not constituted a crime in accordance with legal powers and procedures. The characteristics of administrative penalties are: the subjects that implement administrative penalties are administrative agencies and organizations authorized by laws and regulations; the objects of administrative penalties are citizens, legal persons or other organizations that have committed violations of administrative laws and regulations; the nature of administrative penalties is A specific administrative act with sanction for the purpose of punishing illegal acts. How to write a statement of defense for industrial and commercial administrative penalties, which provides a written guarantee for the protection of the rights and interests of the parties involved. 1. If you are dissatisfied with the administrative penalty decision, you can appeal to the administrative agency. There are no strict format requirements for the appeal letter. You only need to write down the respondent’s personal information (name, age, address, phone number, etc.) and the reason for the appeal. 2. Provide the following template and modify it according to actual needs: Administrative Penalty Defense Letter Quanzhou Administration for Industry and Commerce: Our company has received the "Administrative Penalty Hearing Notice" prepared by your bureau and is now submitting it in accordance with the "People's Revolution of the People's Republic of China and the State Council" According to the provisions of Article 32 of the Administrative Punishment Law, the defense opinions are as follows. I hope that your company will reduce the penalty proposed for our company after research: First, subjectively, our company has no intentional infringement. As a specialized automobile repair company, our company It is the purpose of our company to provide professional car maintenance services to the majority of Mercedes-Benz car owners. After the establishment of the company, our company has also strictly controlled the purchase of accessories, and strives to ensure that all accessories use genuine Mercedes-Benz products. From the results of your bureau’s on-site search of our company, we can see that most of the products used by our company, especially the high-value accessories, are genuine Mercedes-Benz products. The air grille and oil grille involved in the case are not of high value. We The company has absolutely no subjective malice in intentionally using such counterfeit trademark products to make profits. Our company did not know that it was an infringing product when we purchased the product, so in this case our company did not have any subjective fault for intentionally selling counterfeit trademark products. Second, objectively, the number of infringing products involved in the case is small, the amount is small, and our company has not yet sold it externally, so the adverse impact is small and the circumstances are minor. 1. Our company has only been established for more than three months and is still in the initial stage of business. , the daily maintenance business was limited before the incident, so our company did not purchase the infringing products involved in the case on a large scale. According to your company's determination, the amount of the products involved in the case is only more than 3,000 yuan, and our company has not yet made profit by selling the infringing products involved. It can be seen that our company only purchased the infringing products and did not sell the infringing products or make profits from them. 2. Judging from the infringing products investigated and dealt with by your bureau, the number of infringing products involved by our company is small, and they are all unopened. Our company has not yet used them in users’ cars, so the infringing products involved in this case have not caused any adverse impact on the public. , it should be said that the circumstances are minor. Third, your company’s plan to impose a fine of 30,000 yuan on our company is too severe. Although according to Article 60 of the Trademark Law, for infringements with no illegal business volume or with an illegal business volume of less than 50,000 yuan, a fine of 20,000 yuan can be imposed. A fine of not more than 50,000 yuan. However, our company believes that for such infringements, the industrial and commercial administrative department can impose a fine but does not have to impose a fine; if a fine is imposed, the amount of the fine should also correspond to the circumstances involved and the amount involved, reflecting the behavior, responsibility and punishment consistent principles. Our company was involved in the case for more than 3,000 yuan, and your company imposed a fine that was nearly 10 times the amount involved. Our company believes that the fine is too high. Fourth, our company lacks the ability to pay high fines. Our company is a new company that has just been established. All the company’s registered capital has been invested in company decoration and purchasing equipment and accessories. Currently, our finances are empty. Coupled with the sluggish business income, We really cannot afford the fine proposed by your bureau at the moment. If your bureau insists on imposing a fine on our company, it may directly lead to our company's bankruptcy and liquidation.

In summary, through your bureau's enforcement, our company has a deep understanding that registered trademarks should be respected, and registered trademarks should be used and sold in accordance with the law. Therefore, our company agrees with your bureau's plan to immediately stop using the infringing products involved in the case, hand over all the infringing property rights involved to your company, and We promise that no such infringement will occur again. However, because our company has no subjective infringement intention in this case, objectively the infringement is relatively minor, and as a newly established company, our company’s debt-bearing capacity is low. Therefore, we kindly ask your office to reduce or exempt our company from the fine in accordance with the law. . The above is the answer to the question of how to write a statement of defense for industrial and commercial administrative penalties. For the parties concerned, effective statements are conducive to the protection of their own rights and interests, because these statements can deepen the understanding of the case handlers, so it is important to write the statement of defense well. Bad decisions will determine the final penalty to a certain extent, so it is very important to the parties concerned.