Law of the People's Republic of China on Administrative Penalties

(Adopted at the Fourth Session of the Eighth National People's Congress on March 17, 1996

Promulgated by Order No. 63 of the President of the People's Republic of China on March 17, 1996

Effective as of October 1, 1996)

　　 general provisions

Article 1 This Law is formulated in accordance with the Constitution in order to standardize the establishment and implementation of administrative penalties, ensure and supervise the effective implementation of administration by administrative organs, safeguard public interests and social order, and protect the legitimate rights and interests of citizens, legal persons or other organizations.

Article 2 This Law shall apply to the establishment and implementation of administrative penalties.

Article 3 Where citizens, legal persons or other organizations violate the administrative order and should be given administrative penalties, they shall be prescribed by laws, regulations or rules in accordance with this Law, and implemented by administrative organs in accordance with the procedures prescribed by this Law. If there is no legal basis or the legal procedure is not observed, the administrative penalty shall be invalid.

Article 4 Administrative punishment shall follow the principle of fairness and openness. The establishment and implementation of administrative penalties must be based on facts and be commensurate with the facts, nature and circumstances of the illegal act and the degree of social harm. Provisions on administrative penalties for illegal acts must be made public; Those not publicized shall not be used as the basis for administrative punishment.

Article 5 When imposing administrative penalties and correcting illegal acts, we should adhere to the combination of punishment and education, and educate citizens, legal persons or other organizations to consciously abide by the law.

Article 6 Citizens, legal persons or other organizations shall have the right to make statements and defend themselves against administrative penalties imposed by administrative organs; Those who refuse to accept the administrative penalty shall have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law. Citizens, legal persons or other organizations who have suffered damage due to administrative penalties imposed by administrative organs in violation of law have the right to claim compensation according to law.

Article 7 If a citizen, legal person or other organization is subject to administrative punishment for violating the law, and its illegal act causes damage to others, it shall bear civil liability according to law. If an illegal act constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and no administrative penalty may replace criminal penalty.

　　 Chapter II Types and Establishment of Administrative Penalties

Article 8 Types of administrative penalty:

（1） Warning;

（2） Fines;

（3） Confiscation of illegal income and illegal property;

（4） Order to suspend production and business;

（5） Suspend or revoke the permit, suspend or revoke the license;

（6） Administrative detention;

（7） Other administrative penalties prescribed by laws and administrative regulations.

Article 9 Laws may establish various administrative penalties. Administrative penalties that restrict personal freedom can only be established by law.

Article 10 Administrative punishments other than restrictions on personal freedom may be established in administrative regulations. Where the law has made provisions on administrative penalty for illegal acts, and administrative regulations need to make specific provisions, such provisions must be made within the scope of the acts, types and ranges of administrative penalty prescribed by law.

Article 11 Local regulations may establish administrative penalties other than restriction of personal freedom and revocation of business licenses of enterprises. Where laws and administrative regulations have stipulated administrative penalties for illegal acts, and local regulations need to make specific provisions, they must be within the scope of the acts, types and ranges of administrative penalties prescribed by laws and administrative regulations.

Article 12 The ministries and commissions under the State Council may formulate specific provisions in their rules within the scope of the acts, types and ranges of administrative penalties prescribed by laws and administrative regulations. If no laws or administrative regulations have been formulated, the regulations formulated by the ministries and commissions under the State Council as prescribed in the preceding paragraph may impose administrative penalties of warning or a certain amount of fine on acts that violate administrative order. The limits of fines shall be prescribed by the State Council. The State Council may authorize institutions directly under it that have the power of administrative penalty to prescribe administrative penalties in accordance with the provisions of the first and second paragraphs of this Article.

Article 13 The rules formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the people's governments of cities where the people's governments of provinces and autonomous regions are located, and the people's governments of relatively large cities approved by the State Council may make specific provisions within the scope of the acts, types and ranges of administrative penalties prescribed by laws and regulations. If no laws or regulations have been formulated, the rules formulated by the people's government as mentioned in the preceding paragraph shall be effective against violations of the administrative rank

An administrative penalty of warning or a certain amount of fine may be imposed on an act of order. 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 14 With the exception of the provisions of Articles 9, 10, 11, 12 and 13 of this Law, no administrative penalty may be established in other normative documents.

　　 Chapter III Organs Implementing Administrative Penalties

Article 15 Administrative penalty shall be imposed by the administrative organ with the power of administrative penalty within the scope of its statutory functions and powers.

Article 16 The State Council or the people's government of a province, autonomous region or municipality directly under the Central Government authorized by the State Council may decide an administrative organ to exercise the power of administrative punishment of the relevant administrative organs, but the power of administrative punishment that restricts personal freedom can only be exercised by the public security organ.

Article 17 Organizations authorized by laws and regulations to manage public affairs may impose administrative penalties within the scope of legal authorization.

Article 18 In accordance with the provisions of laws, regulations or rules, an administrative organ may, within its statutory authority, entrust an organization that meets the conditions prescribed in Article 19 of this Law to impose administrative penalty. The administrative organ may not entrust other organizations or individuals to impose administrative penalties. The entrusting administrative organ shall be responsible for supervising the act of imposing administrative penalty on the entrusted organization, and shall bear legal responsibility for the consequences of the act. The entrusted organization shall, within the scope of entrustment, impose administrative penalty in the name of the entrusting administrative organ; No other organization or individual may be entrusted to impose administrative penalty.

Article 19 The entrusted organization must meet the following conditions:

（1） Institutions established according to law to manage public affairs;

（2） Have staff familiar with relevant laws, regulations, rules and business;

（3） If an illegal act requires technical inspection or technical appraisal, it shall be possible to organize corresponding technical inspection or technical appraisal.

　　 Chapter IV Jurisdiction and Application of Administrative Penalties

Article 20 Administrative penalty shall be under the jurisdiction of the administrative organ with the power of administrative penalty of the local people's government at or above the county level in the place where the illegal act occurs. Unless otherwise provided by laws and administrative regulations.

Article 21 If a dispute arises over jurisdiction, it shall be reported to the common administrative organ at the next higher level for designation of jurisdiction.

Article 22 If an illegal act constitutes a crime, the administrative organ must transfer the case to the judicial organ and investigate criminal responsibility according to law.

Article 23 When imposing an administrative penalty, an administrative organ shall order the party concerned to correct his illegal act or to do so within a time limit.

Article 24 For the same illegal act committed by a party, no administrative penalty of fine shall be imposed twice or more.

Article 25 If a person under the age of 14 commits an illegal act, no administrative penalty shall be imposed and his guardian shall be ordered to discipline him; If a person who has reached the age of 14 but not the age of 18 commits an illegal act, he shall be given a lighter or mitigated administrative penalty.

Article 26 If a mentally ill person commits an illegal act when he is unable to recognize or control his own conduct, no administrative penalty shall be imposed, but his guardian shall be ordered to take strict care of and treat him. If an intermittent mental patient commits an illegal act when he is in a normal state of mind, he shall be given administrative punishment.

Article 27 Under any of the following circumstances, a party shall be given a lighter or mitigated administrative penalty according to law:

（1） Taking the initiative to eliminate or mitigate the harmful consequences of an illegal act;

（2） Being coerced by others to commit illegal acts;

（3） Those who have rendered meritorious service in assisting the administrative organ in investigating and punishing illegal acts;

（4） Any other person who is given a lighter or mitigated administrative penalty according to law. If an illegal act is minor and corrected in a timely manner, and no harmful consequences are caused, no administrative penalty shall be imposed.

Article 28 If an illegal act constitutes a crime and the people's court sentences the party to criminal detention or fixed-term imprisonment, and the administrative organ has already given the party administrative detention, the corresponding term of imprisonment shall be offset according to law. If an illegal act constitutes a crime and the people's court imposes a fine, and the administrative organ has already imposed a fine on the party concerned, it shall offset the corresponding fine.

Article 29 If an illegal act is not discovered within two years, no administrative penalty shall be imposed. Unless otherwise provided by law. The time limit prescribed in the preceding paragraph shall be calculated from the date of the occurrence of the illegal act; If the illegal act is continuous or continuous, it shall be counted from the day when the act ends.

　　 Chapter V Decision on Administrative Penalty

Article 30 Where citizens, legal persons or other organizations violate the administrative order and should be given administrative penalties according to law, the administrative organs must ascertain the facts; If the facts of the violation are not clear, no administrative penalty shall be imposed.

Article 31 Before making a decision on administrative penalty, an administrative organ shall inform the parties of the facts, reasons and basis for making the decision on administrative penalty, and inform the parties of their rights according to law.

Article 32 The parties shall have the right to make statements and defend themselves. The administrative organ must fully listen to the opinions of the parties and review the facts, reasons and evidence put forward by the parties; If the facts, reasons or evidence put forward by the parties are tenable, the administrative organ shall adopt them. The administrative organ shall not impose a heavier punishment on the party because of his plea.

Section 1 Summary Procedure

Article 33 If the facts of the violation are clear and there is a legal basis for imposing an administrative penalty of not more than 50 yuan on a citizen, or not more than 1000 yuan on a legal person or other organization, or a warning, a decision on administrative penalty may be made on the spot. The parties shall implement the decision on administrative penalty in accordance with the provisions of Articles 46, 47 and 48 of this Law.

Article 34 If a law enforcement officer makes a decision on administrative penalty on the spot, he shall show the party his law enforcement identity card and fill in a written decision on administrative penalty in a predetermined format and numbered. The written decision on administrative penalty shall be delivered to the party concerned on the spot. The written decision on administrative penalty prescribed in the preceding paragraph shall clearly state the illegal act of the party, the basis for administrative penalty, the amount of fine, time, place and the name of the administrative organ, and shall be signed or sealed by the law enforcement personnel. The decision on administrative penalty made by law enforcement personnel on the spot must be reported to the administrative organ for the record.

Article 35 If a party refuses to accept the decision on administrative penalty made on the spot, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Section 2 General Procedures

Article 36 In addition to the administrative penalty that can be imposed on the spot as stipulated in Article 33 of this Law, if an administrative organ discovers that a citizen, legal person or other organization has committed an act that should be subject to administrative penalty according to law, it must conduct a comprehensive, objective and impartial investigation and collect relevant evidence; When necessary, inspections may be carried out in accordance with the provisions of laws and regulations.

Article 37 When an administrative organ conducts an investigation or inspection, there shall be no less than two law enforcement officers, who shall show their credentials to the party concerned or the person concerned. The parties or relevant personnel shall truthfully answer the questions and assist in the investigation or inspection, and shall not obstruct them. The inquiry or inspection shall be recorded in writing. When collecting evidence, administrative organs may adopt the method of sampling evidence; In the event that the evidence may be destroyed or lost or difficult to obtain later, it may be registered and kept first with the approval of the person in charge of the administrative organ, and a decision on disposal shall be made in a timely manner within seven days. During this period, the parties or relevant personnel shall not destroy or transfer the evidence. If a law enforcement officer has a direct interest with the party concerned, he shall withdraw.

Article 38 At the end of an investigation, the person in charge of an administrative organ shall examine the results of the investigation and make the following decisions according to different circumstances:

（1） If there is indeed an illegal act that should be subject to administrative penalty, a decision on administrative penalty shall be made according to the seriousness of the case and the specific circumstances;

（2） If the illegal act is minor and may not be subject to administrative penalty according to law, no administrative penalty shall be imposed;

（3） If the illegal facts cannot be established, no administrative penalty shall be imposed;

（4） If the illegal act has constituted a crime, it shall be transferred to the judicial organ. If a heavier administrative penalty is imposed on a complicated or serious illegal act, the responsible person of the administrative organ shall make a decision through collective discussion.

Article 39 When an administrative organ imposes an administrative penalty in accordance with the provisions of Article 38 of this Law, it shall prepare a written decision on administrative penalty. The written decision on administrative penalty shall contain the following items:

（1） The names and addresses of the parties;

（2） Facts and evidence of violation of laws, regulations or rules;

（3） Types and basis of administrative punishment;

（4） The method and time limit for performing the administrative penalty;

（5） The way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit when refusing to accept the decision of administrative penalty;

（6） The name of the administrative organ that made the decision on administrative penalty and the date of the decision. The written decision on administrative penalty must bear the seal of the administrative organ that made the decision on administrative penalty.

Article 40 The written decision on administrative penalty shall be delivered to the party on the spot after it is announced; If the party concerned is not present, the administrative organ shall, within seven days, serve a written decision on administrative penalty on the party concerned in accordance with the relevant provisions of the Civil Procedure Law.

Article 41 Before making a decision on administrative penalty, administrative organs and their law enforcement personnel do not comply with this Law

If a party is informed of the facts, reasons and basis for imposing administrative penalty in accordance with the provisions of Article 31 and Article 32, or refuses to listen to the party's statement or defense, the decision on administrative penalty cannot be established; Except that the party waives the right of statement or defense.

Section 3 Hearing Procedure

Article 42 Before making a decision on administrative penalties such as ordering the suspension of production or business, revoking a permit or license, or imposing a relatively large fine, the administrative organ shall inform the party concerned of its right to request a hearing; If the party concerned requests a hearing, the administrative organ shall organize the hearing. The party concerned shall not bear the cost of the hearing organized by the administrative organ. The hearing shall be organized according to the following procedures:

（1） If a party requests a hearing, it shall do so within three days after being notified by the administrative organ;

（2） The administrative organ shall notify the parties of the time and place of the hearing seven days before the hearing;

（3） The hearing is held in public, except when it involves state secrets, business secrets or personal privacy;

（4） The hearing shall be presided over by a person other than the investigator of the case designated by the administrative organ; If the party concerned believes that the host has a direct interest in the case, he has the right to apply for withdrawal;

（5） The parties may attend the hearing in person or entrust one or two persons to act as their agents;

（6） When the hearing is held, the investigators shall put forward the facts, evidence and suggestions for administrative punishment of the party's violation of the law; The parties shall defend and cross examine;

（7） The hearing shall be recorded in writing; The written record shall be submitted to the party concerned for signature or seal after verification. If a party disagrees with an administrative penalty that restricts personal freedom, the relevant provisions of the Regulations on Administrative Penalties for Public Security shall apply.

Article 43 After the hearing, the administrative organ shall make a decision in accordance with the provisions of Article 38 of this Law.

　　 Chapter VI Execution of Administrative Penalties

Article 44 After a decision on administrative penalty is made according to law, the party concerned shall implement it within the time limit of the decision on administrative penalty.

Article 45 If a party refuses to accept the decision on administrative penalty and applies for administrative reconsideration or brings an administrative lawsuit, the execution of the administrative penalty shall not be suspended, except as otherwise provided by law.

Article 46 The administrative organ that makes the decision on fines shall be separated from the organ that collects the fines. Except for the fines collected on the spot in accordance with the provisions of Articles 47 and 48 of this Law, the administrative organs that have made the decision on administrative penalty and their law enforcement officers shall not collect the fines themselves. The party concerned shall pay the fine at the designated bank within 15 days from the date of receiving the written decision on administrative penalty. The bank shall accept the fine and hand it over directly to the state treasury.

Article 47 If a decision on administrative penalty is made on the spot in accordance with the provisions of Article 33 of this Law, the law enforcement officers may collect the fine on the spot under any of the following circumstances:

（1） A fine of not more than 20 yuan is imposed according to law;

（2） It is difficult to carry out the illegal collection afterwards.

Article 48 In remote, waterborne and inaccessible areas, after the administrative organ and its law enforcement personnel have made a decision to impose a fine in accordance with the provisions of Article 33 and Article 38 of this Law, the party concerned has real difficulties in paying the fine to the designated bank. Upon the party concerned's request, the administrative organ and its law enforcement personnel may collect the fine on the spot.

Article 49 Where an administrative organ and its law enforcement personnel collect fines on the spot, they must produce to the party a receipt for fines uniformly prepared and issued by the financial department of the province, autonomous region, or municipality directly under the Central Government; If a party fails to issue a receipt for the fine uniformly prepared and issued by the financial department, the party concerned shall have the right to refuse to pay the fine.

Article 50 The fines collected by law enforcement officers on the spot shall be handed over to the administrative organ within two days from the date of collection of the fines; The fines collected on the spot on the water shall be handed over to the administrative organ within two days from the date of arrival; The administrative organ shall pay the fine to the designated bank within two days.

Article 51 If a party fails to implement the decision on administrative penalty within the time limit, the administrative organ that made the decision on administrative penalty may take the following measures:

（1） If a fine is not paid at the expiration of the time limit, an additional fine of 3% of the amount of the fine shall be imposed every day;

（2） Auction the sealed up or seized property or transfer the frozen deposit to offset the fine according to the law;

（3） Apply to the people's court for compulsory execution.

Article 52 If a party really has financial difficulties and needs to postpone or pay the fine in installments, it may postpone or pay the fine in installments upon application by the party and approval by the administrative organ.

Article 53 With the exception of articles that should be destroyed according to law, illegal property confiscated according to law must be auctioned publicly or disposed of in accordance with the relevant regulations of the State. Fines, confiscated illegal gains, or the proceeds from the auction of confiscated illegal property must all be turned over to the State Treasury, and no administrative organ or individual may withhold, privately divide, or in disguised form; The financial department shall not, in any form, return the fines, confiscated illegal gains or the auction proceeds of confiscated illegal property to the administrative organ that made the decision on administrative penalty.

Article 54 Administrative organs shall establish a sound system of supervision over administrative penalties. People's governments at or above the county level shall strengthen supervision and inspection of administrative punishments. Citizens, legal persons or other organizations have the right to appeal or report against administrative penalties imposed by administrative organs; The administrative organ shall carefully examine and, if it finds that there are errors in the administrative penalty, it shall take the initiative to correct them.

　　 Chapter VII Legal Liability

Article 55 Where an administrative organ imposes an administrative penalty in any of the following circumstances, it shall be ordered by the administrative organ at a higher level or the relevant department to make corrections, and the person directly in charge and other persons directly responsible may be given administrative sanctions according to law:

（1） There is no legal basis for administrative punishment;

（2） Unauthorized change of the type and extent of administrative penalty;

（3） Violating the statutory procedures for administrative punishment;

（4） Violating the provisions of Article 18 of this Law on entrusted punishment.

Article 56 If an administrative organ does not use the documents of fines or confiscation of property or things of value, or uses the documents of fines or confiscation of property or things of value prepared and issued by an illegal department, the party concerned shall have the right to refuse the punishment and shall have the right to report it. The administrative organ at a higher level or the relevant department shall confiscate and destroy the illegal documents used, and the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law.

Article 57 Where an administrative organ collects fines on its own in violation of the provisions of Article 46 of this Law, or a financial department returns fines or auction proceeds to an administrative organ in violation of the provisions of Article 53 of this Law, the administrative organ at a higher level or the relevant department shall order it to make corrections, and the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law.

Article 58 If an administrative organ intercepts, privately distributes or in disguised form the fines, confiscated illegal gains or property, the financial department or the relevant departments shall recover them, and the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law. If a law enforcement officer, taking advantage of his position, extorts or accepts money or property from others or confiscates fines for his own possession, which constitutes a crime, he shall be investigated for criminal responsibility according to law; If the circumstances are minor and do not constitute a crime, administrative sanctions shall be given according to law.

Article 59 Where an administrative organ uses or damages the seized property, causing losses to the parties, it shall make compensation according to law, and the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law.

Article 60 Where an administrative organ, in violation of the law, implements inspection or enforcement measures, which causes damage to the person or property of a citizen, or causes losses to a legal person or other organization, it shall make compensation according to law, and the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

Article 61 If an administrative organ, in order to seek the private interests of its own unit, does not hand over to the judicial organ for investigation of criminal responsibility according to law, it shall substitute administrative punishment for criminal punishment, and the administrative organ at a higher level or the relevant department shall order it to make corrections; If he refuses to make corrections, the person in charge who is directly responsible shall be given administrative sanctions; Those who engage in malpractices for personal gain or shield and connive at illegal acts shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 188 of the Criminal Law.

Article 62 Where a law enforcement officer neglects his duty and does not stop or punish an illegal act that should be stopped and punished, thus causing damage to the legitimate rights and interests, public interests and social order of citizens, legal persons or other organizations, the person directly in charge and other persons directly responsible shall be given administrative sanctions according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

　　 Chapter VIII Supplementary Provisions

Article 63 The State Council shall formulate specific implementation measures for the provisions of Article 46 of this Law that separate the decision on fines from the collection of fines.

Article 64 This Law shall come into force as of October 1, 1996.

If the provisions on administrative penalties in the regulations and rules formulated before the promulgation of this Law are not in conformity with this Law, they shall

As of the date of promulgation of this Law, it shall be revised in accordance with the provisions of this Law and shall be completed before December 31, 1997

Bi.