People's Republic of China Administrative Punishment Law
(Adopted at the Fourth Session of the Eighth National People's Congress on March 17, 1996; amended for the first time in accordance with the Decision on Amending Some Laws at the Tenth Meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; amended for the second time in accordance with the Decision on Amending Eight Laws including the Law of the People's Republic of China on the 29th Meeting of the Standing Committee of the Twelfth National People's Congress on September 1, 2017.) Revised at the 25th Session of the Standing Committee of the 13th National People's Congress on January 22, 2021)
Table of Contents: Chapter I: General Provisions, Chapter II: Types and Establishments of Administrative Punishments, Chapter III: Organs Implementing Administrative Punishments, Chapter IV: Jurisdiction and Application of Administrative Punishments, Chapter V: Decisions on Administrative Punishments, Section I, General Provisions, Section II, Summary Procedures, Section III, Ordinary Procedures, Section IV, Hearing Procedures, Chapter VI, Enforcement of Administrative Punishments, Chapter VII, Legal Responsibility, Chapter VIII, Supplementary Provisions
Chapter I: General Provisions
Article 1: This Law is formulated on the basis of the Constitution so as to regulate the establishment and implementation of administrative punishments, to ensure and supervise the effective implementation of administrative management by administrative organs, to preserve the public interest and social order, and to protect the lawful rights and interests of citizens, legal persons, or other organizations.
Article 2: Administrative punishment refers to the conduct of administrative organs to punish citizens, legal persons, or other organizations that violate the order of administrative management in accordance with law, by reducing rights and interests or increasing obligations.
Article 3: This Law applies to the establishment and implementation of administrative punishments.
Article 4: Where citizens, legal persons, or other organizations violate the order of administrative management and shall be given administrative punishments, they shall be provided for by laws, regulations, and rules in accordance with this Law, and shall be carried out by administrative organs in accordance with the procedures provided for in this Law.
Article 5: Administrative punishments follow the principles of fairness and openness. The establishment and implementation of administrative punishments must be based on facts, and be commensurate with the facts, nature, circumstances, and degree of harm to society of the violation. Provisions for imposing administrative penalties for violations of the law must be made public; Where it has not been announced, it must not be the basis for administrative punishments.
Article 6: The implementation of administrative punishments and correction of illegal conduct shall persist in combining punishment and education, and educate citizens, legal persons, or other organizations to conscientiously abide by the law.
Article 7: Citizens, legal persons, or other organizations enjoy the right to make statements and defenses against administrative punishments given by administrative organs; Those who are dissatisfied with the administrative punishment have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with law. Where citizens, legal persons, or other organizations suffer harm as a result of administrative organs illegally giving administrative punishments, they have the right to demand compensation in accordance with law.
Article 8: Where citizens, legal persons, or other organizations receive administrative punishments for their illegal conduct, and their illegal conduct causes harm to others, they shall bear civil liability in accordance with law. Where the illegal conduct constitutes a crime and criminal responsibility shall be pursued in accordance with law, administrative punishment must not be substituted for criminal punishment.
Chapter II: Types and Sets of Administrative Punishments
Article 9: Types of administrative punishments: (1) warnings, circulars of criticism; (2) Fines, confiscation of unlawful gains, or confiscation of illegal property; (3) Temporarily withholding licenses, lowering qualification levels, or revoking licenses; (4) Restricting the carrying out of production and business activities, ordering the suspension of production and business, ordering closure, or restricting employment; (5) Administrative detention; (6) Other administrative punishments provided for by laws and administrative regulations.
Article 10: The law may set up various types of administrative punishments. Administrative penalties restricting personal liberty can only be set by law.
Article 11: Administrative regulations may set administrative punishments other than restricting physical liberty. Where the law has already made provisions on administrative punishment for illegal acts, and administrative regulations need to make specific provisions, they must be provided for within the scope of the acts, types, and scope of administrative punishments prescribed by law. Where the law does not provide for administrative punishment for illegal conduct, administrative regulations may supplement administrative punishments for the purpose of implementing the law. Where it is proposed to supplement the establishment of administrative punishments, opinions shall be widely heard through means such as hearings and debate meetings, and a written explanation shall be made to the formulating organ. When administrative regulations are submitted for filing, the circumstances of supplemental administrative punishment shall be explained.
Article 12: Local regulations may set administrative punishments other than restricting personal liberty and revoking business licenses. Where laws and administrative regulations have already made provisions on administrative punishments for illegal acts, and local regulations need to make specific provisions, they must be provided for within the scope of the acts, types, and ranges of administrative punishments provided for in the laws and administrative regulations. Where laws and administrative regulations do not provide for administrative punishments for illegal conduct, local regulations may supplement administrative punishments for the purpose of implementing laws and administrative regulations. Where it is proposed to supplement the establishment of administrative punishments, opinions shall be widely heard through means such as hearings and debate meetings, and a written explanation shall be made to the formulating organ. When local regulations are submitted for filing, the circumstances of supplemental administrative punishment shall be explained.
Article 13: The departmental rules of the State Council may make specific provisions within the scope of the conduct, type, and scope of administrative punishment provided for by laws and administrative regulations. Where laws or administrative regulations have not yet been formulated, the rules of the departments of the State Council may set administrative punishments of warnings, circulars of criticism, or fines of a certain amount for conduct that violates the order of administrative management. The limit of fines shall be prescribed by the State Council.
Article 14: Local government rules may make specific provisions within the scope of the conduct, type, and scope of administrative punishment provided for by laws and regulations. Where laws or regulations have not yet been formulated, local government rules may set administrative penalties of warnings, circulars of criticism, or fines of a certain amount for conduct that violates the order of administrative management. The limits of fines shall be prescribed by the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 15: The departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and their relevant departments shall periodically organize assessments of the implementation and necessity of administrative punishments, and shall submit recommendations for revision or repeal of inappropriate administrative punishment matters and types, the amount of fines, and so forth.
Article 16: In addition to laws, regulations, and rules, other normative documents shall not set administrative penalties.
Chapter III: Organs for the Implementation of Administrative Punishments
Article 17: Administrative punishments are to be carried out by administrative organs with administrative punishment powers within the scope of their legally-prescribed authority.
Article 18: The State is to promote the establishment of a comprehensive administrative law enforcement system in areas such as urban management, market regulation, ecology and environment, cultural markets, transportation, emergency management, and agriculture, with relatively centralized administrative punishment powers. The State Council or the people's governments of provinces, autonomous regions, or municipalities directly under the Central Government may decide on an administrative organ to exercise the administrative punishment power of the relevant administrative organ. The power to impose administrative punishments restricting personal liberty may only be exercised by public security organs and other organs prescribed by law.
Article 19: Organizations authorized by laws and regulations to have public affairs management functions may carry out administrative punishments within the scope of legally-prescribed authorization.
Article 20: In accordance with the provisions of laws, regulations, and rules, administrative organs may, within the scope of their legally-prescribed authority, entrust organizations that meet the requirements of article 21 of this Law to carry out administrative punishments in writing. Administrative organs must not entrust other organizations or individuals to carry out administrative punishments. The power of attorney shall clearly indicate the specific matters, authority, and time limit of the entrustment. The entrusting administrative organ and the entrusted organization shall release the power of attorney to the public. Entrusting administrative organs shall be responsible for oversight of the entrusted organization's conduct in carrying out administrative punishments, and bear legal responsibility for the consequences of that conduct. Within the scope of the entrustment, the entrusted organization is to carry out administrative punishments in the name of the entrusting administrative organ; Other organizations or individuals must not be entrusted to carry out administrative punishments.
Article 21: Entrusted organizations must meet the following requirements: (1) are established in accordance with law and have the function of managing public affairs; (B) have staff who are familiar with relevant laws, regulations, rules and operations and have obtained administrative law enforcement qualifications; (3) Where it is necessary to conduct a technical inspection or technical appraisal, there shall be conditions to organize the corresponding technical inspection or technical appraisal.
Chapter IV: Jurisdiction and Application of Administrative Punishments
Article 22: Administrative punishments are in the jurisdiction of the administrative organ for the place where the illegal conduct occurred. Where laws, administrative regulations, or departmental rules provide otherwise, follow those provisions.
Article 23: Administrative punishments are under the jurisdiction of the administrative organs of local people's governments at the county level or above that have the power to impose administrative punishments. Where laws and administrative regulations provide otherwise, follow those provisions.
Article 24: Provinces, autonomous regions, and municipalities directly under the Central Government may, on the basis of actual local conditions, decide to hand over the administrative punishment power of county-level people's government departments that are urgently needed for grassroots management to be exercised by township people's governments and neighborhood offices that can effectively undertake them, and periodically organize assessments. Decisions should be made public. Township people's governments and neighborhood offices that undertake administrative punishment powers shall strengthen law enforcement capacity building, and carry out administrative punishments in accordance with the scope and legally-prescribed procedures. Relevant local people's governments and their departments shall strengthen organization and coordination, operational guidance, and law enforcement oversight, establish and complete mechanisms for coordination and cooperation in administrative punishments, and improve evaluation and evaluation systems.
Article 25: Where two or more administrative organs have jurisdiction, the administrative organ that files the case first has jurisdiction. Where disputes arise over jurisdiction, they shall be resolved through consultation, and where negotiation fails, it shall be reported to the common administrative organ at the level above for designation of jurisdiction; It may also be directly designated by the common administrative organ at the next higher level.
Article 26: As needed to carry out administrative punishments, administrative organs may submit requests for assistance to relevant organs. Where the matter of assistance is within the scope of the requested organ's authority, assistance shall be provided in accordance with law.
Article 27: Where illegal conduct is suspected of being a crime, the administrative organs shall promptly transfer the case to the judicial organs, and pursue criminal responsibility in accordance with law. Where it is not necessary to pursue criminal responsibility or be waived from criminal punishment in accordance with law, but an administrative punishment shall be given, the judicial organs shall promptly transfer the case to the relevant administrative organs. The administrative punishment enforcement organs and the judicial organs shall strengthen coordination and cooperation, establish and complete systems for transferring cases, strengthen the connection between the transfer and reception of evidence materials, and improve mechanisms for circulating information on case handling.
Article 28: When administrative organs carry out administrative punishments, they shall order the parties to make corrections or correct the illegal conduct within a set period of time. Where parties have unlawful gains, they shall be confiscated except where they shall be returned in accordance with law. Unlawful gains refer to the money obtained from the commission of illegal acts. Where laws, administrative regulations, or departmental rules have other provisions on the calculation of unlawful gains, follow those provisions.
Article 29: A party must not be given an administrative penalty of two or more fines for the same illegal act. Where the same illegal conduct violates multiple laws and norms and shall be punished with a fine, punishment is to be given in accordance with the provisions on the higher amount of fines.
Article 30: Where minors under the age of 14 have illegal conduct, administrative punishments are not to be given, and guardians are ordered to discipline them; Where minors who have already reached the age of 14 but are not yet 18 years old have illegal conduct, the administrative punishment shall be mitigated or commuted.
Article 31: Where mentally ill persons or intellectually disabled persons have illegal conduct when they are unable to recognize or control their own behavior, they are not to be given administrative punishments, but their guardians shall be ordered to strictly supervise and treat them. Where intermittent mentally ill persons commit illegal acts when they are mentally normal, they shall be given administrative punishments. Where mentally ill persons or intellectually disabled persons who have not completely lost the ability to recognize or control their own conduct have illegal conduct, the administrative punishment may be mitigated or commuted.
Article 32: In any of the following circumstances, parties shall have a mitigated or commuted administrative punishment: (1) actively eliminating or mitigating the harmful consequences of illegal conduct; (2) Being coerced or tricked by others into committing illegal acts; (3) Voluntarily confessing illegal conduct that the administrative organs have not yet learned; (4) Cooperate with administrative organs in the investigation and handling of illegal conduct and have meritorious service; (5) Where laws, regulations, or rules provide that other administrative punishments shall be mitigated or commuted.
Article 33: Where the illegal conduct is minor and promptly corrected, and no harmful consequences are caused, administrative punishment is not to be given. Where the violation is the first time and the harmful consequences are minor and promptly corrected, administrative punishment may not be given. Where the parties have evidence sufficient to prove that there is no subjective fault, administrative punishment is not to be given. Where laws and administrative regulations provide otherwise, follow those provisions. Where administrative punishments are not given to the parties' illegal conduct in accordance with law, the administrative organs shall educate the parties.
Article 34: Administrative organs may lawfully draft standards for the discretion of administrative punishments, and standardize the exercise of discretionary powers for administrative punishments. The standards for the discretion of administrative punishments shall be released to the public.
Article 35: Where the illegal conduct constitutes a crime, and the people's court sentences short-term detention or fixed-term imprisonment, and the administrative organs have already given the party administrative detention, the corresponding sentence shall be deducted in accordance with law. Where the illegal conduct constitutes a crime, and when the people's court gives a fine, and the administrative organ has already fined the party, the corresponding fine shall be deducted; Where administrative organs have not yet given a fine to the parties, they are no longer to give fines.
Article 36: Where illegal conduct is not discovered within two years, administrative punishments are not to be given; Where citizens' lives, health, safety, or financial security are involved and there are harmful consequences, the above period is extended to five years. Except as otherwise provided by law. The time period provided for in the preceding paragraph is calculated from the date on which the illegal conduct occurred; Where the illegal conduct is continuous or continuous, it is calculated from the date on which the conduct ends.
Article 37: The provisions of laws, regulations, and rules at the time of the illegal conduct are to apply to the implementation of administrative punishments. However, where laws, regulations, or rules have already been amended or repealed at the time of making an administrative punishment decision, and the punishment of the new provisions is relatively light or is not considered to be illegal, the new provisions apply.
Article 38: Where there is no basis for administrative punishments or the implementing entity does not have the qualifications of an administrative entity, the administrative punishment is invalid. Where violations of legally-prescribed procedures constitute a major and obvious violation, the administrative punishment is invalid.
Chapter V: Decisions on Administrative Punishments
Section 1: Ordinary Provisions
Article 39: Information such as the organ implementing the administrative punishment, the basis for filing the case, the procedures for implementation, and the channels for relief shall be displayed.
Article 40: Where citizens, legal persons, or other organizations violate the order of administrative management and shall be given administrative punishments in accordance with law, the administrative organs must ascertain the facts; Where the facts of the violation are unclear or the evidence is insufficient, administrative punishments must not be given.
Article 41: Where administrative organs use electronic technical monitoring equipment to collect or fix illegal facts in accordance with laws and administrative regulations, they shall go through legal and technical review to ensure that the electronic technical monitoring equipment meets standards, is reasonably set up, and is clearly marked, and the location of the installation shall be announced to the public. Electronic technical monitoring equipment shall record the facts of the violation truthfully, clearly, completely, and accurately. Administrative organs shall review whether the content of the record meets the requirements; Where it has not been reviewed or does not meet the requirements after review, it must not be used as evidence for administrative punishment. Administrative organs shall promptly inform the parties of the facts of the violation, and employ information technology or other measures to facilitate the parties' inquiries, statements, and defenses. The parties' right to make a statement or defense must not be restricted or indirectly restricted.
Article 42: Administrative punishments shall be carried out by law enforcement personnel with administrative law enforcement qualifications. There must not be less than two law enforcement personnel, except as otherwise provided by law. Law enforcement personnel shall enforce the law in a civilized manner, respecting and protecting the lawful rights and interests of the parties.
Article 43: Where law enforcement personnel have a direct interest in the case or have other relationships that might impact fair law enforcement, they shall recuse themselves. Where parties feel that law enforcement personnel have a direct interest in the case or have other relationships that might impact fair law enforcement, they have the right to apply for recusal. Where a party submits an application for recusal, the administrative organ shall review it in accordance with law, and the responsible person for the administrative organ shall make a decision. The investigation is not discontinued until a decision is made.
Article 44: Before making an administrative punishment decision, administrative organs shall inform the parties of the content, facts, reasons, and basis of the administrative punishment to be given, and inform the parties of their rights to make statements, defenses, and request hearings in accordance with law.
Article 45: Parties have the right to make statements and defenses. Administrative organs must fully hear the opinions of the parties, and shall conduct a review of the facts, reasons, and evidence submitted by the parties; Where the facts, reasons, or evidence submitted by the parties are sustained, the administrative organs shall adopt them. Administrative organs must not give heavier punishments because of a party's statements or defenses.
Article 46: Evidence includes: (1) documentary evidence; (2) Physical evidence; (3) audio-visual materials; (4) Electronic data; (5) Witness testimony; (6) the statements of the parties; (7) Appraisal opinions; (8) Inquest records and on-site records. Evidence must be verified to be true before it can be used as the basis for determining the facts of the case. Evidence obtained by illegal means must not be the basis for determining the facts of the case.
Article 47: Administrative organs shall, in accordance with law, record the entire process of initiating, investigating, collecting, reviewing, deciding, serving, and enforcing administrative punishments in text, audio, video, and other means, and archive and store them.
Article 48: Administrative punishment decisions that have a certain social impact shall be disclosed in accordance with law. Where a public administrative punishment decision is changed, revoked, confirmed to be unlawful, or confirmed to be invalid in accordance with law, the administrative organ shall withdraw the information on the administrative punishment decision within 3 days and publicly explain the reasons.
Article 49: In the event of an emergency such as a major infectious disease outbreak, in order to control, mitigate, and eliminate the social harm caused by the emergency, the administrative organs are to give swift and heavier punishments in accordance with law for violations of emergency response measures.
Article 50: Administrative organs and their staffs shall preserve the confidentiality of state secrets, commercial secrets, or personal privacy that they learn of in the course of carrying out administrative punishments.
Section 2: Simplified Procedures
Article 51: Where the facts of the violation are conclusive and there is a legally-prescribed basis, and an administrative punishment of up to 200 RMB is imposed on a citizen, or a fine of up to 3,000 RMB or a warning is imposed on a legal person or other organization, an administrative punishment decision may be made on the spot. Where the law provides otherwise, follow those provisions.
Article 52: Where law enforcement personnel make an administrative punishment decision on the spot, they shall present their law enforcement identification to the parties, complete an administrative punishment decision document in a predetermined format and number, and deliver it to the parties on the spot. Where the parties refuse to sign for receipt, this shall be noted in the administrative punishment decision. The administrative punishment decision document provided for in the preceding paragraph shall clearly indicate the parties' illegal conduct, the type and basis of the administrative punishment, the amount, time, and place of the fine, the channels and time limits for applying for administrative reconsideration or initiating administrative litigation, and the name of the administrative organ, and shall be signed or sealed by the law enforcement personnel. Administrative punishment decisions made by law enforcement personnel on the spot shall be reported to the administrative organ to which they belong for filing.
Article 53: The parties shall perform on administrative punishment decisions made on the spot in accordance with the provisions of articles 67-69 of this Law.
Section 3: Ordinary Procedures
Article 54: In addition to the administrative punishments provided for in article 51 of this Law that may be given on the spot, where administrative organs discover that citizens, legal persons, or other organizations have conduct that shall be given administrative punishments in accordance with law, they must comprehensively, objectively, and impartially investigate and collect relevant evidence; When necessary, inspections may be conducted in accordance with the provisions of laws and regulations. Where the standards for filing a case are met, the administrative organs shall promptly file the case.
Article 55: When law enforcement personnel conduct investigations or inspections, they shall proactively present their law enforcement identification to the parties or relevant personnel. Parties or relevant persons have the right to request that law enforcement personnel present their law enforcement identification. Where law enforcement personnel do not present their law enforcement identification, the parties or relevant personnel have the right to refuse to accept the investigation or inspection. Parties or relevant persons shall truthfully answer inquiries and assist in investigations or inspections, and must not refuse or obstruct them. A record shall be made of the questioning or inspection.
Article 56: When collecting evidence, administrative organs may employ methods of sampling evidence; In circumstances where evidence might be destroyed or difficult to obtain in the future, upon approval of the responsible person for the administrative organ, it may be registered and stored in advance, and a decision on disposition shall be made within 7 days, and during this period, the parties or relevant persons must not destroy or transfer the evidence.
Article 57: At the conclusion of the investigation, the responsible person for the administrative organ shall conduct a review of the results of the investigation, and make the following decisions based on different circumstances: (1) Where there is truly illegal conduct that should be subject to administrative punishment, make an administrative punishment decision based on the severity of the circumstances and the specific circumstances; (2) Where the illegal conduct is minor and administrative punishment may not be given in accordance with law, administrative punishment is not to be given; (3) Where the facts of the violation cannot be established, administrative punishment is not to be given; (4) Where the illegal conduct is suspected of being a crime, it shall be transferred to the judicial organs. Where the circumstances are complicated or major violations are to be given, the responsible persons of the administrative organs shall collectively discuss and make a decision.
Article 58: In any of the following circumstances, before the responsible person for an administrative organ makes an administrative punishment decision, the personnel engaged in the legal review of the administrative punishment decision shall conduct a legal review; Where it has not been reviewed by the legal system or has not passed the review, a decision must not be made: (1) where it involves major public interests; (2) It is directly related to the major rights and interests of a party or a third party, and has gone through the hearing procedures; (3) The circumstances of the case are difficult and complex, involving multiple legal relationships; (4) Other situations where laws and regulations provide that a legal review shall be conducted. Personnel in administrative organs who are engaged in the legal review of administrative punishment decisions for the first time shall obtain legal professional qualifications through the National Uniform Legal Profession Qualification Examination.
Article 59: Administrative organs giving administrative punishments in accordance with the provisions of article 57 of this Law shall draft an administrative punishment decision document. The administrative punishment decision shall indicate the following matters: (1) the names and addresses of the parties; (2) Facts and evidence of violations of laws, regulations, or rules; (3) The type and basis of administrative punishments; (4) The methods and time limits for performing administrative punishments; (5) The channels and time limits for applying for administrative reconsideration or initiating administrative litigation; (6) The name of the administrative organ that made the administrative punishment decision and the date on which the decision was made. The administrative punishment decision must bear the seal of the administrative organ that made the administrative punishment decision.
Article 60: Administrative organs shall make an administrative punishment decision within 90 days of filing an administrative punishment case. Where laws, regulations, or rules provide otherwise, follow those provisions.
Article 61: The administrative punishment decision shall be delivered to the parties at the scene after it is announced; Where the parties are not present, the administrative organs shall send the administrative punishment decision to the parties within 7 days in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China. Where the parties agree and sign a written confirmation, the administrative organs may use methods such as fax or e-mail to send the administrative punishment decision to the parties.
Article 62: Before making an administrative punishment decision, administrative organs and their law enforcement personnel must not make an administrative punishment decision without informing the parties of the content, facts, reasons, and basis of the proposed administrative punishment in accordance with the provisions of articles 44 and 45 of this Law, or refusing to hear the parties' statements or defenses; Except where the parties expressly waive the right to make statements or defenses.
Section 4: Hearing Procedures
Article 63: Where administrative organs intend to make the following administrative punishment decisions, they shall inform the parties that they have the right to request a hearing, and where the parties request a hearing, the administrative organ shall organize a hearing: (1) a relatively large fine; (2) Confiscation of larger amounts of unlawful gains or confiscation of larger value of illegal property; (3) Lowering the level of qualifications or revoking licenses; (4) Ordering the suspension of production or business, ordering closure, or restricting employment; (5) Other heavier administrative punishments; (6) Other circumstances provided for by laws, regulations, or rules. The parties shall not bear the costs of the administrative organ's organization of the hearing.
Article 64: Hearings shall be organized in accordance with the following procedures: (1) Where parties request a hearing, they shall submit it within 5 days of being notified by the administrative organs; (2) The administrative organ shall notify the parties and relevant persons of the time and place of the hearing 7 days before the hearing; (3) Hearings are to be held in public, except where state secrets, commercial secrets, or personal privacy are to be kept confidential in accordance with law; (4) The hearing is to be presided over by personnel designated by the administrative organ who are not investigators in the case; Where the parties feel that the presiding officer has a direct interest in the case, they have the right to apply for recusal; (5) The parties may personally participate in the hearing, and may also retain one or two persons to represent them; (6) Where parties and their representatives refuse to attend a hearing without a legitimate reason, or withdraw from the hearing without permission, it is viewed as a waiver of the right to a hearing, and the administrative organ terminates the hearing; (7) When holding a hearing, investigators submit facts, evidence, and recommendations for administrative punishment of the parties' violations, and the parties make defenses and debate evidence; (8) A record shall be made of the hearing. The record shall be given to the parties or their representatives to sign or affix a seal after verifying that there are no errors. Where parties or their representatives refuse to sign or affix a seal, the presiding officer of the hearing is to note this in the record.
Article 65: After the hearing is concluded, the administrative organ shall make a decision on the basis of the hearing record and in accordance with the provisions of article 57 of this Law.
Chapter VI: Enforcement of Administrative Punishments
Article 66: After an administrative punishment decision is made in accordance with law, the parties shall perform it within the time period indicated in the administrative punishment decision. Where parties truly have financial difficulties and need to postpone or pay fines in installments, payment may be suspended or paid in installments upon application by the parties and approval by the administrative organs.
Article 67: The administrative organ that makes the decision to impose fines shall be separated from the institution that collects the fine. Except for fines collected on the spot in accordance with the provisions of articles 68 and 69 of this Law, the administrative organ that made the administrative punishment decision and its law enforcement personnel must not collect the fine on their own. Within 15 days of receiving the administrative punishment decision, the parties shall pay the fine at the designated bank or through the electronic payment system. Banks should accept fines and pay them directly to the state treasury.
Article 68: In any of the following circumstances, law enforcement personnel may collect fines on the spot in accordance with the provisions of article 51 of this Law when an administrative punishment decision is made: (1) a fine of up to 100 RMB is given in accordance with law; (2) It is difficult to enforce after the fact that it is not collected on the spot.
Article 69: In remote, water, or inconvenient transportation areas, after administrative organs and their law enforcement personnel make a decision on fines in accordance with the provisions of articles 51 and 57 of this Law, and the parties have real difficulties in paying the fine at a designated bank or through an electronic payment system, upon the parties' request, the administrative organs and their law enforcement personnel may collect the fine on the spot.
Article 70: Where administrative organs and their law enforcement personnel collect fines on the spot, they must issue to the parties a special bill uniformly prepared and issued by the finance department of the State Council or the finance department of the people's government of a province, autonomous region, or municipality directly under the Central Government; If the special bills issued by the financial department are not issued, the parties have the right to refuse to pay the fine.
Article 71: Fines collected by law enforcement personnel on the spot shall be handed over to the administrative organs within 2 days of the date on which the fines are collected; Fines collected on the spot on the water shall be handed over to the administrative organ within 2 days of the date of arrival; The administrative organ shall pay the fine to the designated bank within two days.
Article 72: Where parties fail to perform on an administrative punishment decision within the time limit, the administrative organ that made the administrative punishment decision may employ the following measures: (1) Where the fine is not paid when due, an additional fine of 3% of the amount of the fine is to be imposed each day, and the amount of the additional fine must not exceed the amount of the fine; (2) In accordance with the provisions of law, auction off sealed or seized property, dispose of it in accordance with law, or transfer frozen deposits or remittances to offset fines; (3) Employing other methods of administrative compulsory enforcement in accordance with the provisions of law; (4) Apply to the people's court for compulsory enforcement in accordance with the provisions of the "Administrative Coercion Law of the People's Republic of China". Where administrative organs approve an extension or installment payment of fines, the period for applying to the people's court for compulsory enforcement is calculated from the date on which the period for suspending or paying fines in installments ends.
Article 73: Where parties are dissatisfied with an administrative punishment decision and apply for administrative reconsideration or raise an administrative lawsuit, enforcement of the administrative punishment is not stopped, except as otherwise provided by law. Where parties are dissatisfied with an administrative punishment decision restricting their personal liberty and apply for administrative reconsideration or initiate an administrative lawsuit, they may submit an application for suspension of enforcement to the organ that made the decision. Where the circumstances provided for by law are met, enforcement shall be suspended. Where a party applies for administrative reconsideration or initiates an administrative lawsuit, the amount of the additional fine is not to be calculated during the period of administrative reconsideration or administrative litigation.
Article 74: Except for items that shall be destroyed in accordance with law, illegal property confiscated in accordance with law must be publicly auctioned or disposed of in accordance with relevant state provisions. All fines and confiscated unlawful gains, or proceeds from the auction of confiscated illegal property must be turned over to the state treasury, and no administrative organ or individual may withhold, privately divide, or covertly divide privately in any form. Fines, confiscated unlawful gains, or funds from the auction of confiscated illegal property must not be directly or indirectly linked to the evaluation or evaluation of the administrative organ that made the administrative punishment decision and its staff. Except for those that shall be returned or restituted in accordance with law, the financial departments shall not in any form return fines, confiscated illegal gains, or confiscated funds from the auction of illegal property to the administrative organ that made the administrative punishment decision.
Article 75: Administrative organs shall establish and complete systems for oversight of administrative punishments. People's governments at or above the county level shall regularly organize and carry out administrative law enforcement appraisals and evaluations, strengthen supervision and inspection of administrative punishments, and standardize and safeguard the implementation of administrative punishments. Administrative organs carrying out administrative punishments shall accept social oversight. Citizens, legal persons, or other organizations have the right to appeal or report on the conduct of administrative organs imposing administrative punishments; Administrative organs shall earnestly review and discover that there are mistakes, they shall take the initiative to correct them.
Chapter VII: Legal Responsibility
Article 76: In any of the following circumstances, administrative organs at the level above or relevant organs are to order corrections and give sanctions to the directly responsible managers and other directly responsible personnel in accordance with law: (1) There is no legally-prescribed basis for administrative punishments; (2) Changing the type and range of administrative punishments without authorization; (3) Violating legally-prescribed administrative punishment procedures; (4) Violating the provisions of article 20 of this Law on entrusted punishments; (5) Law enforcement personnel have not obtained law enforcement certificates. Where administrative organs do not promptly file cases that meet the standards for case filing, they are to be handled in accordance with the provisions of the preceding paragraph.
Article 77: Where administrative organs impose penalties on parties without using fines or confiscation of property receipts, or use fines or confiscation receipts issued by non-statutory departments, the parties have the right to refuse and have the right to report them, and the administrative organ at the level above or relevant organs is to confiscate and destroy the illegal documents used, and the directly responsible managers and other directly responsible personnel are to be sanctioned in accordance with law.
Article 78: Where an administrative organ violates the provisions of Article 67 of this Law by collecting fines on its own, and the financial department violates the provisions of Article 74 of this Law by returning fines, confiscated unlawful gains or auction proceeds to the administrative organs, the administrative organ at the level above or the relevant organ shall order corrections, and the directly responsible managers and other directly responsible personnel shall be sanctioned in accordance with law.
Article 79: Where administrative organs withhold, privately divide, or covertly privately divide fines or confiscated unlawful gains or property, the finance departments or relevant organs are to recover them, and the directly responsible managers and other directly responsible personnel are to be sanctioned in accordance with law; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law. Where law enforcement personnel take advantage of their position to solicit or accept property from others, or take the fines as their own, and a crime is constituted, criminal responsibility is to be pursued in accordance with law; Where the circumstances are minor and do not constitute a crime, sanctions are to be given in accordance with law.
Article 80: Where administrative organs use or damage sealed or seized property, causing losses to the parties, they shall compensate them in accordance with law, and give sanctions to the directly responsible managers and other directly responsible personnel in accordance with law.
Article 81: Where administrative organs illegally carry out inspection measures or enforcement measures, causing harm to citizens' persons or property, or causing losses to legal persons or other organizations, they shall give compensation in accordance with law, and give sanctions to the directly responsible managers and other directly responsible personnel in accordance with law; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
Article 82: Administrative organs do not transfer cases that shall be transferred to the judicial organs for investigation of criminal responsibility in accordance with law, and replace criminal punishment with administrative punishments, and the administrative organ at the level above or relevant organs is to order corrections, and the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
Article 83: Where administrative organs do not stop or punish illegal conduct that shall be stopped or punished, causing harm to the lawful rights and interests of citizens, legal persons, or other organizations, the public interest, or social order, the directly responsible managers and other directly responsible personnel are to be sanctioned in accordance with law; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
Chapter VIII: Supplementary Provisions
Article 84: Where foreigners, stateless persons, or foreign organizations commit illegal acts within the territory of the People's Republic of China and shall be given administrative punishments, this Law applies, except as otherwise provided by law.
Article 85: The provisions of "2 days", "3 days", "5 days", and "7 days" in this Law refer to working days, excluding legally-prescribed holidays.
Article 86: This Law takes effect on July 15, 2021.
Photo: Municipal Law Enforcement Bureau
Typesetting: Zhangjiakou Cultural Tourism
Note: Infringement contact deleted