March 17, 1996 the Eighth National People's Congres fourth meeting
March 17, 1996 Presidential Decree No. sixty-third People's Republic of China released
Since October 1, 1996 implementation
Chapter I General
The first order to regulate the establishment and implementation of administrative penalties to ensure the effective implementation and oversight of the executive administration, safeguard public interests and social order, protect the legitimate rights and interests of citizens, legal persons or other organizations, according to law.
The second setting and implementation of administrative punishment law applies.
Article 3 Where citizens, legal persons or other organizations violate administration order shall be given administrative punishment, in accordance with the provisions of this Law by law, rules or regulations by administrative organs in accordance with the procedure laid down in implementation of this Law.
There is no statutory basis or in compliance with legal procedures, ineffective administrative penalties.
Article administrative punishment a just and open manner.
Establishment and implementation of administrative penalty must be based on facts, facts and violations, nature, circumstances and the damage done to society.
Shall be given administrative penalties for violations of law must be published; unpublished shall not be the basis for administrative penalty.
Article administrative penalty, correct the violations, should adhere to combine punishment with education, education of citizens, legal persons or other organizations consciously abide by the law.
Article VI of citizens, legal persons or other organizations of the executive administrative penalty given right to state their right to defend themselves; refuses to accept the administrative punishment, the right to apply for administrative reconsideration or bring an administrative lawsuit.
Citizens, legal persons or other organizations because of illegal administrative penalties administrative organ damage, the right to claim compensation in accordance with law.
Article 7 Citizens, legal persons or other organizations subject to administrative penalties for violation of law, violations that cause damage to others shall bear civil liability in accordance with law.
Illegal act constitutes a crime, should be held criminally responsible, not to administrative penalties instead of criminal penalties.
The type and setting the second chapter of administrative penalties
Article VIII of the kind of administrative punishment:
(A) warning;
(B) a fine;
(C) confiscation of illegal income, confiscation of illegal property;
(D) ordered to cease;
(E) suspend or revoke the license, suspend or revoke the license;
(F) administrative detention;
(Vii) legal, administrative regulations or other administrative penalties.
Article IX laws can set a variety of administrative penalties.
Restriction of personal freedom of the administrative penalty, can only be set by law.
Article X of administrative regulations can be set administrative penalties in addition to restriction of personal freedom.
Legal provisions have been made for violations of administrative punishment, administrative rules and regulations need to be specified must be given administrative punishment prescribed in legal acts within the scope of the types and range of provisions.
Article XI local regulations may establish administrative penalties in addition to restriction of personal freedom, other than revocation of business license.
Laws and administrative regulations for violations already make provision for administrative penalties, local laws and regulations need to be specified must be given administrative punishment prescribed in laws and administrative regulations acts within the scope of the types and range of provisions.
Article XII of the State Council ministries and commissions to develop regulations may make specific provisions within the given administrative punishment prescribed by laws and administrative regulations, the scope of the type and magnitude.
Yet to make laws, administrative regulations, the State Council, the Ministry of the preceding paragraph, the Commission established regulations for violations of administration order, warning or a fine of a certain amount of administrative penalties. Fine limits prescribed by the State Council.
Agencies directly under the State Council may authorize power of administrative penalty pursuant to the first and second paragraphs, the provisions of administrative penalties.
Article XIII provinces, autonomous regions, municipalities and provincial, autonomous regional people's government seat of the Municipal People's Government and the State Council approved the development of a large municipal government regulations may be subject to administrative penalties stipulated in laws and regulations behavior, species specific provisions and the range of the amplitude.
Yet to make laws, regulations, rules and regulations formulated by the People's Government of the preceding paragraph for violations of administration order, warning or a fine of a certain amount of administrative penalties. Fine limit of provinces, autonomous regions and municipalities People's Congress Standing Committee regulations.
In addition to the provisions of Article XIV of this Law Articles 9, 10, 11, and 13 of Article XII, other normative documents shall set administrative penalties.
The third chapter of the implementation of the administrative penalty authority
Article 15 Administrative penalty shall be imposed by administrative organs that have the power of administrative penalty within the scope of their statutory powers.
However, Article XVI of the State Council, or the right to an administrative penalty restriction of personal freedom can only be exercised by the public security organs authorized by the State Council, provinces, autonomous regions and municipalities may decide to exercise the power of administrative punishment relevant administrative authorities of an administrative authority, and.
Article XVII law, the organization has managed public affairs regulations grant may impose administrative penalties within the authorized range.
Article XVIII administrative organs in accordance with the laws, regulations or rules may entrust the organization in line with Article 19 of this Law the conditions of the administrative penalty within its statutory authority. Administrative organs shall not entrust other organizations or individuals with administrative penalties.
Commissioned by the executive acts to implement the administrative penalty by the entrusted organization shall be responsible for the supervision and liable for the consequences of the action.
Entrusted organizations within the authorized scope, entrusting administrative organ under the name of administrative punishment; it shall not authorize any other organization or individual to implement the administrative penalty.
Article XIX entrusted organization must meet the following conditions:
(A) legally established institutions of public affairs;
(B) has a staff familiar with the relevant laws, regulations, rules and operations;
(Iii) to check for illegal or technical skill required identification, the conditions for organizing the corresponding technical examination or identification techniques.
Chapter IV Administrative Penalty jurisdiction and applicable
Article XX executive authorities above the county level administrative penalties by the offense occurring People's Government has the right to an administrative penalty of jurisdiction. Except as otherwise provided by laws and administrative regulations.
Twenty-one pairs of jurisdiction of a dispute, reported to a common superior administrative authority designated jurisdiction.
Article 22 The illegal act constitutes a crime, the administrative authority must transfer the case to judicial organs be held criminally responsible.
Article 23 The administrative organ implementing administrative punishment, shall order the party or within a time limit to correct violations.
Article 24 for the same offense parties, no administrative penalty of a fine of more than twice.
Article 25 The age of fourteen who commits an illegal act, no administrative penalty guardian is to be ordered to discipline; fourteen under eighteen years of age who commits an illegal act, a lighter or mitigated administrative penalty.
Article 26 mental patients have violated the law when unable to recognize or control his own conduct, no administrative penalty, but his guardian shall be ordered strict custody and treatment. Intermittent mental patient when there are violations in a normal mental state, should be given administrative punishment.
Article 27 of the following circumstances of the parties shall be given a lighter or mitigated administrative punishment according to law:
(A) initiative to eliminate or mitigate the harmful consequences of the offense;
(B) coerced by another to commit the illegal act;
(III) complexes administrative organs to investigate violations has performed meritorious;
(Iv) other lighter or mitigated administrative punishment according to law.
Offense is minor and promptly corrected, causing no harmful consequences, no administrative punishment.
Article 28 The illegal act constitutes a crime, when the People's Court sentenced to detention or imprisonment, the executive has been given to the parties in administrative detention, it should be set off against the appropriate sentence according to law.
Illegal act constitutes a crime, when the people's court imposing a fine, the executive has to give the person a fine shall be set off against the corresponding fines.
Article 29 violations undetected within two years, no longer be subject to administrative penalties. Except as otherwise provided by law.
Period specified in the preceding paragraph, from the date of the occurrence of the violation; violations of continuity or state, from the date of the end of the act.
Chapter V of the administrative penalty decision
Article 30 The behavior of citizens, legal persons or other organizations violate administration order, which shall be given administrative punishment, administrative organs must ascertain facts; illegal facts are not clear, no administrative penalty.
Article 31 The administrative organ before making a decision on administrative punishment, administrative punishment shall be notified of the facts of the party decision, the reasons and basis for, and inform the rights of the parties legally entitled.
Article 32 The parties have the right statement and defense. Administrative organs shall fully heed the views of the parties on the facts, reasons and evidence raised by the parties, it should be reviewed; the fact that the parties put forward the grounds or evidence established, the administrative organs shall accept them.
Administrative organs shall not impose heavier penalties on the parties to defend themselves.
Section summary
Article 33 The illegal irrefutable facts and legal basis, citizens sentenced to fifty yuan, impose an administrative penalty fine of $ 1,000 or given a warning of the legal person or other organization, can make the decision of administrative punishment on the spot. The parties shall in accordance with Article 46 of this Law, Article 47, the provisions of Article 48 carry out the decisions administrative penalties.
Article 34 law enforcement officers on the spot decision on administrative punishment, and shall show the party of law enforcement identification, fill out a predetermined format, compiled a number of administrative penalty decision. Administrative penalty decision should party on the spot.
Administrative penalties provided in the preceding paragraph decision shall indicate violations of the parties, according to administrative penalties, fines amount, time, place and the name of the executive, signed or sealed by law enforcement officers.
Administrative punishment law enforcement officers on the spot to make decisions, must be reported to their administrative authorities.
Article 35 Where the parties to the administrative penalty decision made on the spot dissatisfied, they may apply for administrative reconsideration or bring an administrative lawsuit.
General Procedure II
Article 36 In addition to the administrative penalties provided for in Article 33 of this Law may be made on the spot, the administrative authority finds citizens, legal persons or other organizations have behavior should be given administrative punishment according to law, it must be comprehensive, objective and impartial investigation collect relevant evidence; if necessary, in accordance with laws and regulations, can be checked.
Article 37 When administrative organs conduct investigations or inspections, law enforcement officials shall not be less than two, and should show their identification papers to the party or the person concerned. Concerned or related personnel shall truthfully answer questions and assist in the investigation or inspection, shall not be obstructed. Inquiry or inspection shall be made in writing.
Executive authorities in collecting evidence, and may take evidence through sampling; in the case of evidence in the future may be lost or difficult to obtain, by the administrative authority approval, may be advanced registration and preservation, and shall decide promptly within seven days, in this during concerned or related personnel shall not destroy or transfer the evidence.
Law enforcement officers and the party has a direct interest should be avoided.
Article 38 The end of the investigation, the administrative organ shall review the survey results, depending on the circumstances, make the following decisions:
(A) does have shall be subject to administrative punishment illegal, according to the seriousness and the specific circumstances, which made the decision;
(B) the offense is minor, can no administrative punishment according to law, no administrative punishment;
(C) illegal facts can not be established, no administrative penalty;
(D) an illegal act constitutes a crime, transferred to judicial organs.
Heavier administrative penalties for complicated or grave violations, the head of the administrative organ shall make a collective discussion and decision.
Article 39 The administrative organ shall be given administrative punishment in accordance with the provisions of Article 38 of this Law shall make a decision of administrative punishment. Administrative penalty decision shall contain the following:
The name or the name of (a) the parties, address;
(B) violation of laws, rules or regulations of facts and evidence;
(C) administrative penalties type of and basis;
Fulfillment (4) An administrative punishment and duration;
(E) refuses to accept the administrative penalty decision, apply for administrative reconsideration or bring an administrative route and duration of litigation;
(F) the name of the administrative organ administrative penalty decision and the date of the decision.
Administrative penalty decision must be stamped with the seal of the executive decision of administrative punishment.
Article 40 The administrative penalty decision should party on the spot after announcement; party is not present, the administrative organ shall, in accordance with the relevant provisions of the Civil Procedure Law, the administrative penalty decision in writing to the parties within seven days.
Article 41 The administrative organ or its law enforcement officers before making a decision on administrative punishment, not in accordance with Article 31 of this Law, the provisions of Article 32 of the fact that the parties be given administrative punishment informing the grounds and in accordance with, or refuse listen to the statements of the parties, defense, administrative punishment decision can not be established; except for party statements or give up the right to defend themselves.
Section III hearing procedure
Article 42 The administrative organ to make ordered to cease, revocation of a permit or license, before a decision on administrative fines and other penalties for large amounts, it shall inform the parties have the right to request a hearing; party requests a hearing, the administrative organ shall organize a hearing. The parties do not bear the cost of organizing the hearing of the executive. Hearing in accordance with the following procedure:
(A) party requests a hearing, it shall be made within three days after the executive authorities inform;
(2) The administrative organ shall, seven days before the hearing, notify the parties hold a hearing time and place;
(C) except those involving state secrets, commercial secrets or individual privacy, the hearing be held in public;
(4) The hearing of the case investigator designated by the executive presided; party believes that the person has a direct interest in the case, have the right to apply for withdrawal;
(E) The parties may participate in the hearing in person, may also entrust one or two agents;
(6) Where the hearing, investigators presented the facts of illegal parties, evidence and recommendation for administrative penalty; the parties make arguments and cross-examination;
(Vii) The hearing shall make a written record; record shall be signed by the parties and found them to pay or sealed.
Party disagrees with the administrative penalty restriction of personal freedom, shall be punished in accordance with the relevant security regulations.
After the Article 43 hearing, the administrative organs in accordance with the provisions of Article 38 of this Law, make a decision.
Chapter VI of the implementation of administrative penalties
Article 44 administrative penalty decision according to law, the parties shall, within the time limit of administrative punishment decision, to be fulfilled.
Article 45 If the party concerned refuses to accept the administrative penalty decision to apply for administrative reconsideration or administrative proceedings, the administrative penalty shall not be stopped, otherwise provided by law.
Article 46 The administrative organ to make a fine shall be separated from the organ that collects the fine.
In addition to the fines in accordance with the provisions of Article 47, Article 48 of this Law confiscated on the spot, which made the decision of the executive authorities and law enforcement officers shall collect fines themselves.
The parties shall receive administrative punishment decision within 15 days to the designated bank to pay a fine. The banks shall accept the fines and directly to the state treasury.
Article 47 on the spot decision on administrative punishment in accordance with the provisions of Article 33 of this Law, any of the following circumstances, law enforcement officers confiscated on the spot fines:
(A) shall be given a fine of more than 20 yuan;
(B) is not collected on the spot difficult to implement.
Article 48 in remote, water, inaccessible areas, the executive authorities and law enforcement officers made a fine decision in accordance with the provisions of Article 33 and Article 38 of this Law, the parties to pay a fine to the designated bank does have difficulties presented by the parties, the executive authorities and law enforcement officers confiscated on the spot fines.
Article 49 The administrative organ or its law enforcement officers confiscated on the spot fines to be issued by the provinces, autonomous regions and municipalities finance department of fine receipts issued by the parties; do not issue financial sector unified system of fine receipts, the parties have the right to refuse to pay the fine.
Article 50 law enforcement officers confiscated on the spot fines, shall, from the date of collection of the fine within two days to the executive; in fine water collected on the spot, it shall, arrived within two days from the date of landing to administrative organs; administrative organ shall in the two days designated bank to pay the fine.
Article 51 The administrative organ party fails to perform the administrative punishment decision, an administrative decision may take the following measures:
(A) fails to pay the fine, plus a daily fine of 3% of the amount of the fine;
(B) According to the law, it will be sealed up or seized property auction or the frozen deposits to offset the fine;
(3) to apply to court for enforcement.
Article 52 The litigants have financial difficulties and need to postpone or installments to pay the fine, the approval of the executive and the parties apply, may suspend or installment payment.
Article 53 In addition to the items should be destroyed in accordance with the law, illegal property seizures by law enforcement or public auction must be in accordance with relevant regulations of the State in accordance with national regulations.
Fines, confiscation of illegal gains or confiscation of illegal property auction payments must be turned over to the state treasury, any administrative organ or individual shall not be withheld in any form, embezzle or in disguised; the financial sector may not decide to make administrative punishment in any form of executive the return of fines, confiscation of illegal gains or return of confiscated illegal property auction payments.
Article 54 The administrative organ shall establish and improve the supervision system of administrative penalties. Above the county level shall strengthen the supervision and inspection of administrative punishment.
Administrative punishment of citizens, legal persons or other organizations on an administrative decision of the right to appeal or accusation; administrative organ shall carefully review found that the administrative penalty is wrong, should take the initiative to correct.
Chapter VII Legal Liability
Article 55 If administrative organs of administrative punishment, any of the following circumstances shall be ordered by the superior administrative organ or relevant departments shall be given administrative sanctions in charge and other directly responsible personnel directly responsible according to the law:
(A) there is no statutory basis for administrative punishment;
(2) changing the kind of administrative punishment, amplitude;
(C) violation of the legal procedure for administrative penalty;
(4) in violation of Article 18 of the Law on commission penalties.
Article 56 The administrative organs of the parties to be punished without the use of fines, confiscation of property or the use of illegal documents issued by a given department fine, confiscation of property documents, the parties have the right to refuse the punishment, and the right to accuse. Higher administrative authorities or relevant departments of the illegal use of documents shall be confiscated and destroyed, in charge and other directly responsible personnel directly responsible shall be given administrative sanctions.
Article 57 The administrative organs in violation of the provisions of Article 46 of this Law collect fines on their own, in violation of the provisions of the financial sector provisions of Article 53 of the return of a fine or auction payments to the authority by the higher administrative authority or the relevant ordered to make corrections department, in charge and other directly responsible personnel directly responsible shall be given administrative sanctions.
Article 58 The administrative organs fines, confiscation of illegal gains or property retention, embezzle or in disguised form, shall be recovered by the finance departments or relevant departments in charge and other directly responsible personnel directly responsible shall be given administrative sanctions ; the circumstances are serious enough to constitute a crime, be held criminally responsible.
Law enforcement officers, taking advantage of his position to extort and accept other people's property, collect fines themselves, constitute a crime, be held criminally responsible; minor does not constitute a crime shall be given administrative sanctions according to law.
Article 59 The administrative organs use or damage to property seizure, causing losses to the parties, shall be compensated according to the law, the persons in charge and other directly responsible personnel directly responsible shall be given administrative sanctions.
Article 60 The administrative organs illegal implementation of measures of inspection or enforcement measures, to citizens' personal or property damage, resulting in losses to the legal person or other organization, it shall be compensated according to the law, the persons in charge and other directly responsible personnel directly responsible shall be given administrative law sanctions; the circumstances are serious enough to constitute a crime, be held criminally responsible.
Article 61 of the unit executive for the sake of self-interest, should be handed over to judicial organs for criminal responsibility is not handed over to administrative punishment instead of punishment by the superior administrative organ or relevant departments shall order correction; refuse to correct, directly responsible for executives be given administrative sanctions; favoritism, shielding and abetting violations, mutatis mutandis, the provisions of Article eighty-eight of the criminal Law.
Article 62 law enforcement personnel neglect their duties, failing to stop the punishment that should be stopped and punished violations, resulting legitimate rights and interests of citizens, legal persons or other organizations, public interests and social order suffered damage, in charge of directly responsible and other directly responsible personnel shall be given administrative sanctions; the circumstances are serious enough to constitute a crime, be held criminally responsible.
Chapter VIII of the
Article 63 of this Law Article 46 decision to fine and a fine collection of separate provisions, specific implementation measures shall be formulated by the State Council.
Article 64 of this Law since October 1, 1996 into effect.
Before the promulgation of this Act and the rules and regulations of this law on administrative penalties of non-compliance, the date of publication of this Act shall, be amended in accordance with the provisions of this Law, revised completed in December 31, 1997.
Attached: the relevant provisions of the Criminal Code
Article 188 judicial staff favoritism, knows to be innocent person be prosecuted by him, is guilty of knowingly and intentionally protects him by the prosecution, or deliberately confuse right and wrong do capricious and arbitrary, term imprisonment, criminal detention or deprivation of political rights; the circumstances are especially serious, more than five years in prison.