Source:http://www.mps.gov.cn/n2254536/n4904355/c5604357/content.html
In order to respond to new situations and issues in the administration of public security management; to better protect social order; to ensure the public safety; and to protect the lawful rights and interests of citizens, legal persons and other organizations; and to regulate and safeguard public security organs and people's police in the lawful performance or their public security administration duties; the Ministry of Public Security has thoroughly researched and debated; made repeated revision and improved; solicited the opinions of relevant departments, experts, and local public security organs; to form these "Public Security Administrative Punishments Law (Draft Revisions for Solicitation of Public Comments)".
In order to protect the public right to know and participate, for broad social consensus and wisdom, to strengthen the rationality of legislation and improve the quality of legislation, the "People's Republic of China Public Security Management Punishment Law (Draft revisions for public comment)" is hereby released to the public for solicitation of comments.
The public may use the Ministry of Public Security Website（www.mps.gov.cn）to review the draft revisions for solicitation of public comment，and any relevant comments and suggestions may be sent by email before February 15, 2017 to：abfz1@126.com，gabfz2@126.com。
Ministry of Public Security
2017年1月16日
CONTENTS
Chapter I: General Provisions
Chapter II: Types and Application of Penalties
Chapter III: Acts Violating Public Security Administration and Their Penalties
Section 1: Acts disrupting public order and their penalties
Section 2: Acts endangering public safety and their penalties
Section 3: Acts violating rights in persons and property, and their penalties
Section 4: Acts endangering social management and their penalties
Chapter IV: Punishment Procedures
Chapter V: Supervision of Enforcement
Chapter VI: Supplementary Provisions
People's Republic of China Law on Public Security Administrative Punishments (Draft Revisions for Solicitation of Public Comments)
Chapter I: General Provisions
Article 1: This law is drafted so as to preserve social public security order; to ensure to ensure public safety; to protect the lawful rights and interests of citizens, legal persons, and other organizations; and to regulate and ensure that public security organs and their people's police lawfully perform their public security administration duties.
Article 2: Those who disturb public order, endanger public safety, infringe on personal and property rights, or impede social administration, and are harmful to society, and constitutes a crime according to the provisions of the Criminal Law of the People’s Republic of China, are to be pursued for criminal responsibility in accordance with law; where such acts are not serious enough for criminal punishment, the public security organs shall impose public security administrative punishments in accordance with this Law and other laws and regulations relating to public security administration.
Article 3: The provisions of this Law are applicable to the procedures for public security administrative penalties; and where this law makes no provisions, the relevant provisions of the "Law of the People’s Republic of China on Administrative Penalties" and the "People's Republic of China Law on Administrative Compulsion" and other such laws are applicable.
Article 4: This Law is applied to violations of the administration of public security within the territory of the People’s Republic of China, except as specially provided for by other laws.
This Law applies to violations of the administration of public security committed aboard ships or aircraft of the People’s Republic of China, except where specially provided for by other laws.
Article 5: Public security administrative penalties must be based on facts and correspond to the nature and circumstances of the violation of the administration of public security and the extent of harm done to the society.
Public security administrative penalties shall be implemented openly and justly, respecting and protecting human rights, and protecting the citizens' dignity.
The principle of combining education with penalty shall be adhered to in handling cases of public security.
Article 6: People’s governments at all levels shall strengthen comprehensive management of social public security and take effective measures to resolve social contradictions, promote social harmony, and maintain social stability.
The department of public security under the State Council is responsible for the administration of public security throughout the country. Public security organs of all levels of local people's governments at the county level or above are responsible for efforts on the administration of public security within that administrative region.
Relevant departments of people's governments at the county level or above shall be responsible for work related to the comprehensive administration of social public security within the scope of their duties.
Article 7: Where violations of the administration of public security cause harm to others, the perpetrators or their guardians shall bear civil liability in accordance with law.
Article 8: For violations of the administration of public security such as brawling and damaging or destroying others' property, which are brought on by civil disputes, where the circumstances are relatively minor, the public security organs may handle them through mediation. Where the parties reach an agreement through mediation by the public security organs, no penalties are imposed. Where no agreement is reached through mediation, or where an agreement is reached but not performed on, the public security organs shall, in accordance with the provisions of this Law, give penalties to those violating the administration of public security, and inform the parties concerned that they may, lawfully bring a civil action before a people’s court regarding the civil disputes.
For public security cases within the eligible scope for mediation, where the parties of both sides voluntarily settle, perform on the settlement agreement, and apply in writing for the public security organs' recognition, punishment is not given, except where the public security organs have already made a punishment decision.
Chapter II: Types and Application of Penalties
Article 9: Public security administrative penalties include the following types:
(1) Warnings;
(2) fines;
(3) Administrative detention;
(4) Orders to suspend production or operations;
(5) Revocation of certificates or licenses.
The duration of an order to suspend production or operations is between 15 and 30 days; but where other laws or administrative regulations provide differently, follow those provisions.
Where operators have licenses that were issued by public security organs revoked, the public security organs may simultaneously prohibit them from applying for the same types of license for 1 to 3 years, and prohibit the directly responsible managers and other directly responsible personnel from acting as legally-designated representatives or management personnel in the same industries for 1 to 3 years.
For personnel who have licenses that were issued by public security organs revoked, the public security organs may simultaneously prohibit them from applying for the same types of licenses within 1 to 3 years.
Article 10: Contraband seized in dealing with cases of public security such as drugs and pornographic items, gambling devices, money for gambling, devices used for ingesting or injecting drugs, and the instruments owned and primarily used by the persons in their acts against the administration of public security shall be taken over, and shall be disposed of according to relevant regulations.
The assets obtained through violations of the administration of public security are to be recovered and returned to the victims; and where there are no victims, they shall be registered and sold by auction or disposed of according to the relevant State regulations, and all the proceeds therefrom shall be handed over to the State Treasury.
Article 11: Where persons who are already 14 but not yet 18 years-old violate the administration of public security, they shall be given a mitigated or commuted penalty; and where persons who are not yet 14 years-old violates the administration of public security, they are not punished, but their guardians shall be instructed to more strictly control them.
Records of violations of the administration of public security by persons' who were not yet 18 years-old at the time of the violation shall be sealed, and must not be provided to any units or individuals, except for where public security organs, state security organs, people's procuratorates, or people's courts require them to handle cases, or where other relevant units follow national provisions to make inquiries. Units making inquiries in accordance with law shall preserve the confidentiality of the sealed records of violations.
Article 12: Mentally ill persons who violate the administration of public security when they are unable to recognize or control their own conduct are not given penalties, but their guardians shall be ordered to diligently watch and treat them. Where an intermittently mentally ill person violates the administration of public security while in a normal mental state, they shall be given punishment.
Article 13: Where blind persons, or persons who are both deaf and mute, violate the administration of public security, punishment may be mitigated, commuted, or not given.
Article 14: Where intoxicated persons violate the administration of public security, they shall be penalized.
Where intoxicated persons in a drunken state are a danger to themselves, threaten others' security in their persons or property, or threaten public safety; protective measures may be taken to restrain them until they are sober, or contact their relatives, friends, or their workplace take them back and watch over them, and they may also be sent to the hospital to sober up.
Article 15: Where a person commits two or more violations of the administration of public security, decisions are to be made separately but enforced together. Where penalties of administrative detention are concurrently enforced, the maximum term of such detention is not to exceed 20 days.
Article 16: Where there is a joint violation of the administration of public security, the persons violating the administration of public security are to be penalized separately, based on the role they played in the violation.
Where persons instigate, coerce or lure others to violate the administration of public security, they shall be punished in accordance with the act they instigated, coerced or lured others to do.
Article 17: Where a unit violates the administration of public security, the unit, its directly responsible managers, and other directly responsible personnel, are to be penalized in accordance with the provisions of this Law. Where this law makes no provisions, but other laws or administrative regulations provide that penalties shall be given to a unit for the same act, the unit shall be penalized in accordance with those provisions. Where laws and administrative regulations make no provisions for the punishment of units, punishment is to be given in accordance with laws and regulations on violations of the administration of public security to persons who organized, planned, or carried out the violations of the administration of public security.
Article 18: In any of the following circumstances, the penalty imposed on those who violate the administration of public security is to be mitigated, commuted or not imposed:
(1) The circumstances are slight;
(2) The consequences of the illegality are actively removed or lessened;
(3) The act was under the coercion or enticement of others;
(4) They surrender and truthfully recount their illegal acts to the public security organs;
(5) They have performed meritorious service.
Article 19: In any of the following circumstances, a heavier penalty is to be imposed on those who violate the administration of public security:
(1) The consequences are more serious;
(2) They instigate, coerce, or lure others to violate the administration of public security;
(3) Information networks were exploited to carry out a violation of the administration of public security;
(4) public security administrative sanctions were previously received within the last year;
(5) Criminal penalties or a waiver of criminal penalties was received in the last 3 years.
Article 20: Where violators of the administration of public security have the mitigating or aggravating circumstances provided for in this Law, they shall be applied within the legally prescribed scope of penalties.
Where violators of the administration of public security have circumstances prescribed by this law for the commutation of sentences, they shall be applied within the legally prescribed scope of penalties; where this law provides several penalty ranges, they shall be applied within the legally prescribed scope of penalties one level lower; and where the law provides only one type of punishment, and there is no way to further commute the punishment to the level below the legally prescribed punishment range, punishment is not to be given.
Article 21: In any of the following circumstances, where violators of the administration of public security should be given administrative detention in accordance with provisions of this law, administrative detention is not to be enforced:
(1) The person is already 14 but not yet 18 years-old, and it is their first violation of the administration of public security;
(2) They are 70 years-old or older, except where, in the last two years, they have received administrative detention for violating the administration of public security, criminal punishment, or a waiver of criminal penalties;
(3) They are pregnant or are nursing their own child.
Article 22: Where a violation of the administration of public security is not discovered by the public security organs within six months, punishment is no longer given.
The period of time specified in the preceding paragraph shall be counted from the date the violation of the administration of public security occurs; and where the violations are continuing or sustained, the time period is counted from the date the violations end. Where another violation of the administration of public security is carried out while the period for investigation is running, the period for investigation of the prior acts is calculated from the date on which the later conduct occurs.
Where victims make a complaint while the period for investigation is running, but the public security organs do not receive it, the restrictions of the investigation period are not applied.
Chapter III: Acts Violating Public Security Administration and Their Penalties
Section 1: Acts disrupting public order and their penalties
Article 23: Those who commit any of the following acts are to be given a warning or fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 5 and 10 days and may be concurrently fined up to 1,000 yuan:
(1) disturbing the order of government organs, public organizations, enterprises or public institutions, making it impossible to carry out normal work, production, business operations, medical care, teaching or scientific research, but not having caused serious losses;
(2) disturbing order in a public venue;
(3) disturbing the order on public transportation;
(4) illegally blocking or forcibly boarding or holding on to motor vehicles, ships, aircrafts and other means of public transportation, impacting the normal operation of the means of public transportation; or
(5) disrupting the order of lawfully conducted elections.
Where gathering crowds for, organizing, or funding the conduct in the preceding paragraph, the principals, or the organizers or funders, are to be detained for between 10 and 15 days, and may be concurrently fined up to 2000 RMB.
Article 24: Where there are any of the following acts during a national test that is prescribed by laws or regulations, detention of up to 5 days is to be given, and where there are unlawful gains, a fine of between 1 and 3 times the value of the unlawful gains is to be given; and where there are no unlawful gains or the unlawful gains are worth less than 1,000 RMB, a concurrent fine of between 1,000 and 3,000 RMB may be given. Where the circumstances are more serious, detention of between 5 and 10 days is to be given, and where there are unlawful gains, a fine of between 3 and 5 times the value of the unlawful gains is to be given; and where there are no unlawful gains or the unlawful gains are worth less than 3,000 RMB, a concurrent fine of between 3,000 and 20,000 RMB may be given.
(1) Organizing cheating;
(2) providing instruments or other help to other organizing cheating;
(3) Where, for the purpose of cheating on a test, others are illegally sold or provided with the questions or answers to a test;
(4) Taking a test on behalf of others or letting others take the examination on behalf of oneself;
(5) other disturbances of the order of examinations.
Article 25: Those who commit any of the following acts, disturbing the order of such large-scale crowd activities, such as cultural and sporting events, are to be given warnings or fined up to 500 RMB; where the circumstances are more serious, they are to be detained between 5 and 10 days and maybe given a concurrent fine of 1,000 RMB:
(1) forcibly entering a venue;
(2) setting off fireworks, firecrackers or other articles in the arena in violation of regulations;
(3) displaying slogans, banners or other such items with content that insulting or incites disturbance of the public order;
(4) besieging a referee, athlete, or other personnel;
(5) throwing miscellanea into the venue and not heeding orders to stop; or
(6) other disruptions of the order of large-scale crowd activities.
Those detained because they disrupted the order of a sports competition may, at the same time, be ordered not to enter a stadium or gymnasium to watch that type of competition for 1-3 years; and where they violate the order, they are to be forcibly removed from the venue, and detained up to 5 days or fined up to 1,000 RMB.
Article 26: Any of the following acts are punished by detention of between 5 and 10 days, and may be concurrently fined up to 1,000 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 1,000 RMB:
(1) intentionally disturbing public order by spreading rumors, making false reports of dangerous situations, epidemics, disasters, or warnings; or by other means;
(2) disturbing public order by placement of fake hazardous substances such as fake explosive, toxic, radioactive, corrosive, or contagious substances; or
(3) disturbing public order by acts such as threatening to commit arson, set off explosions, or place hazardous substances.
Article 27: Those who commit any of the following acts are to be detained for between 5 and 10 days, and may be concurrently fined up to 1,000 RMB; and where the circumstances are more serious, they are to be detained for between 10 and 15 days and may be concurrently fined up to 2,000 RMB:
(1) gang-fighting;
(2) chasing or intercepting others;
(3) forcibly taking, demanding, or arbitrarily damaging or seizing public or private property;
(4) other provocative acts.
Article 28: Those who commit any of the following acts are to be be detained for between 10 and 15 days and may be concurrently fined up to 2,000 RMB; and if the circumstances are more minor, they are to be detained for between 5 and 10 days and may be concurrently fined up to 1,000 RMB:
(1) organizing, instigating, coercing, inducing or inciting others to engage in activities of cults, superstitious sects, secret societies, or other illegal organizations, or use illegal organizations or superstitious activities to disturb social order and harm the physical health of others;
(2) disturbing social order and harming the health of others by masquerading under the name of religion or Qigong;
(3) producing, transmitting, or possessing items, information, or materials with content promoting cults, superstitious sects and secret societies, the content of articles, information, and materials.
Those who provide conditions to others while clearly knowing that they are engaged in the activities specified in the preceding paragraph are to be penalized in accordance with the provisions of the preceding paragraph.
Where units carry out the conduct in the preceding two paragraphs, a fine of between 30,000 and 100,000 RMB is given; and where the circumstances are more serious, a fine of between 100,000 and 300,000 RMB is given, and they may be concurrently ordered to stop production and operations,; where they still do not make corrections, the department that issued their licenses is to revoke them.
Article 29: Violations of State regulations by use of radio equipment to occupy radio frequencies, block communication signals or otherwise interfere with the normal operations of the radio industry, are to be punished by between 5 and 10 days detention; and where the circumstances are more serious, they are to be detained for between 10 and 15 days.
Article 30: Where within one year after receiving administrative penalties from the competent departments, one again produces or sells radio communication equipment for which Telecommunications Equipment Network Entry Permits and Radio Transmission Equipment Type Approvals have not been obtained, or produces or sells radio transmission equipment in violation of the relevant provisions on radio management; between 5 and 10 days detention is give; and where the circumstances are serious, between 10 and 15 days detention is given.
Article 31: Those who commit any of the following acts are to be be detained for between 5 and 10 days; and where the circumstances are more serious, they are to be detained for between 10 and 15 days:
(1) Violating State regulations by intruding on computer information systems or other technical means; obtaining the data that is stored, processed or transmitted in computer information systems; or unlawfully controlling computer information systems; and causing harm;
(2) Violating State regulations by deleting, changing, increasing or interfering with the functions of a computer information system, and causing harm;
(3) Violating State regulations by deleting, changing or adding to the data and application programs stored, processed or transmitted on a computer information system;
(4) intentionally making or transmitting destructive programs such as computer virus, causing harm;
(5) providing programs or tools that are specialized for use in intrusion and illegal control of computer information systems; or providing programs and tools knowing that others will use them to carry out criminal acts of intrusion, or illegal control of computer information systems; and to provide procedures, tools, and causing harm.
Where units carry out the conduct in the preceding paragraph, a fine of between 30,000 and 100,000 RMB is given; and where the circumstances are more serious, a fine of between 1,000,000 and 300,000 RMB is given.
Article 32: Where network service providers do not perform the following information network security management obligations, and refuse to make corrections when so ordered by the public security organs or other competent departments, they are to be detained up to 5 days or fined 1,000 RMB; where the circumstances are more serious, they are to be detained between 5 and 10 days.
(1) Registration and protection of user information;
(2) Review and inspections of public information publication;
(3) log retention;
(4) Discovery, interception, and handling of illegal information, and reporting it to the public security organs;
(5) Providing technical support and assistance to public security organs' and state security organs lawfully performing their duties.
(6) Establishment and enforcement of information network security management systems and measures;
(7) Other information network security management duties provided by law or administrative regulations.
Where units carry out the conduct in the preceding paragraph, a fine of between 50,000 and 200,000 RMB is given; and where the circumstances are more serious, a fine of between 200,000 and 500,000 RMB is given.
Article 33: Those organizing or leading pyramid sales scheme are to be detained for between 10 and 15 days.
Those who make introductions for, entice, or compel others to participate in pyramid sales schemes are to be detained for up to five days; and where the circumstances are more serious, they are to be detained for between 5 and 10 days.
Where pyramid sales schemes are participated in multiple times, up to 5 days detention is given.
Section 2: Acts endangering public safety and their penalties
Article 34: Those who violate State regulations by manufacturing, buying, selling, storing, transporting, mailing, carrying, using, providing or disposing of hazardous substances such as explosive, flammable, toxic, radioactive and corrosive substances or pathogens of infectious diseases shall be detained for between 10 and 15 days; and if the circumstances are more minor, they are to be detained for between 5 and 10 days.
Article 35: Those who fail to follow provisions in reporting the theft, robbery, or loss of hazardous substances such as explosive, toxic, radioactive and corrosive substances or pathogens of infectious diseases are to be detained for up to five days; and if they intentionally conceal the fact, they are to be detained for between 5 and 10 days.
Article 36: Those illegally manufacturing, trading in, transporting, mailing, storing, concealing, or in possession of non-military firearms using compressed gas or other means for propulsion, are to be detained between 10 and 15 days, and may be given a fine of between 3,000 and 5,000 RMB.
Those illegally manufacturing, trading in, transporting, mailing, or storing controlled instruments or replica guns are to be be detained for between 10 and 15 days, and may be concurrently fined up to 2,000 RMB; and where the circumstances are more minor, they are to be detained for up to five days, fined up to 1,000 RMB, or given a warning:
Those who possess replica guns and refuse to hand them over are to be detained for up to five days or be fined up to 1,000 RMB.
Where units carry out the conduct in the first and second paragraphs, they are to be fined between 1 and 3 times the value of the goods, and where the value of the goods is less than 10,000 RMB, they are to be given a fine of between 10,000 and 30,000 RMB; where the circumstances are more serious, a fine of between 3 and 5 times the value of the goods is given, and where the value of the goods is less than 10,000 RMB, a fine of between 30,000 RMB and 50,000 RMB is to be given, and the department that issued the licenses are to revoke the licenses.
Article 37: Those carrying firearms and munitions into public venues, public transportation or areas or venues that prohibit their being carried, detention of between 10 and 15 days is to be given, and a concurrent fine of between 3,000 and 5,000 RMB may be given; where the circumstances are more minor, detention of up to 5 days, and a fine of up to 1,000 RMB, or a warning is given.
Those who unlawfully carry controlled instruments or carry replica guns into a public venue or on public transportation are given a warning, fined up to 1,000 RMB, or detained up to 5 days; and where the circumstances are more serious, they are to be detained for between 5 and 10 days.
Article 38: Those who commit any of the following acts are to be detained for between 10 and 15 days:
(1) stealing or destroying oil or gas pipe-line installations, electric power and telecommunications facilities, radio and TV facilities, and water-conservancy, flood-control engineering facilities, and public flooding facilities, or such public utilities as ones for hydrological monitoring, hydrographic survey, meteorological monitoring and weather forecast, environmental monitoring, geological monitoring and seismologic monitoring;
(2) moving or destroying national border stele and markers and other boundary markers and facilities, or markers and facilities of territorial lands and waters;
(3) illegally conducting activities that affect the alignment of the national (frontier) border, or constructing installations which obstruct the management of the national (frontier) borders.
Where units carry out the conduct in the preceding paragraph, a fine of between 30,000 and 100,000 RMB is given; and where the circumstances are more serious, a fine of between 100,000 and 200,000 RMB is given.
Article 39: Where aviation facilities or equipment that is in use are stolen, damaged, or moved without authorization, or where the cockpits of aircraft or trains are forcibly entered; detention of between 10 and 15 days is given.
Persons who uses implements or tools aboard an aircraft that is in use, which might impair the normal function of the navigation system, and do not heed dissuasion, are to be detained for up to 5 days or be fined up to 1,000 RMB.
Those who impede the driving of motor vehicles by grabbing the steering wheel or grabbing the driver are to be detained for up to five days or be fined up to 1,000 RMB.
Article 40: Those who commit any of the following acts are to be detained for between 10 and 15 days and may be concurrently fined up to 3,000 RMB:
(1) stealing, destroying or unauthorized moving of facilities, equipment, vehicle parts, or safety markers such as for railways, roads, ports, or seaways;
(2) placing obstacles on railway lines, or intentionally throwing things at trains;
(3) Digging for stone and gravel on railways, highways, and other routes, bridges or culverts;
(4) privately setting up road junctions or level crossings on railway lines.
Article 41: Entering railways and urban rail transit safety nets without authorization, or walking or sitting on the tracks when a train or urban rail car is nearing, or stealing train or urban rail track, is to be given a warning or a fine of up to 500 RMB; where the circumstances are more serious, up to 5 days of detention or a fine of 1,000 RMB may be given.
Article 42: Those who commit any of the following acts are to be detained for up to five days or be fined up to 1,000 RMB; and where the circumstances are more serious, they are to be detained for between 10 and 15 days and may be concurrently fined up to 3,000 RMB:
(1) installing or using electrified wire-netting without permission, or installing or using them without complying with safety regulations;
(2) failing to place covers, fences or warning signs for ditches, wells, ridges and holes when engaging in construction at places where vehicles and pedestrians pass, or intentionally destroying or moving those covers, fences or warning signs;
(3) stealing or destroying public utilities such as well covers on road surfaces and lighting facilities;
(4) Violating State regulations by putting up open flame lanterns.
Where units carry out the acts of the first paragraph, a fine of between 10,000 and 30,000 is given; and where circumstances are more serious, a fine of between 30,000 and 50,000 is given.
Article 43: Where the holding of large-scale mass cultural or sporting events violates state provisions, has a risk of a safety incident occurring, and where upon the public security organs ordering that corrections be made they refuse or cannot make those corrections, it is to be ordered that the activity be stopped and immediately dispersed, and the organizers or venue managers are to be fined between 10,000 and 50,000 RMB, and the directly responsible managers and other directly responsible personnel are to be detained between 5 and 10 days; where the circumstances are more serious the organizers or venue managers are to be fined between 50,000 and 200,000 RMB and the directly responsible managers and other directly responsible personnel are to be detained between 10 and 15 days, and the organizers or venue management may be simultaneously given an injunction prohibiting them from organizing large-scale mass event for between 1 and 3 months.
Article 44: Where key units for public security and defense violate relevant provisions, and have major latent public security risks, and where upon the public security organs ordering that corrections be made they refuse to make corrections, their directly responsible managers and their other directly responsible personnel are to be detained up to 5 days; where the circumstances are more serious, their directly responsible managers and their other directly responsible personnel are to be detained between 5 and 10 days.
Article 45: Where hotels, restaurants, movie theaters, entertainment venues, sports venues, exhibition halls, or other venues that provide mass activies to the public violate safety provisions, causing that venue to have a risk of safety incidents occurring, and where the upon the public security organs order corrections and they refuse to make the corrections, the units are to be fined between 10,000 RMB and 50,000 RMB, and their directly responsible managers and other directly responsible personnel are to be detained up to 5 days; where the circumstances are more serious, units are to be fined between 50,000 and 200,000 RMB, and their directly responsible managers and other directly responsible personnel are to be detained between 5 and 10 days.
Article 46: Those violating state provisions by flying drones, powered paragliders, gliders, or other general aircraft or aviation sports devices at low altitudes; or those releasing unmanned balloons, tethered balloons or other objects that ascend into the air, are to be detained between 5 and 10 days; where the circumstances are more serious, they are to be detained between 10 and 15 days.
Section 3: Acts violating rights in persons and property, and their penalties
Article 47:Those who commit any of the following acts are to be detained for between 10 and 15 days and concurrently fined between 1,000 and 2,000 RMB; and if the circumstances are more minor, they are to be detained for between 5 and 10 days and concurrently fined up to 1,000 RMB:
(1) organizing, coercing, or luring persons who have not attained to the age of 16 or who are disabled to give terrifying or cruel performances;
(2) forcing others to work by means of violence, threats, or other means;
(3) illegally restricting others’ physical liberty, illegally breaking into others' houses, or illegally searching others' bodies.
Article 48: Those who coerce or lure others to beg, or uses others in begging, are to be detained for between 10 and 15 days and may be concurrently fined up to 2,000 RMB.
Those who continually pester, aggressively beg, or beg by other means irritating to others, are to be detained for up to five days or given a warning.
Article 49: Those who commit any of the following acts are to be detained for up to five days or be fined up to 1,000 RMB; and where the circumstances are more serious, they are to be detained for between 5 and 10 days and may be concurrently fined up to 1,000 RMB:
(1) intimidate or threaten the physical safety of others;
(2) Irritate or disturb others' normal lives, and do not heed dissuasion;
(3) illegally obtain or disseminate others' private information.
Article 50: Those wantonly disparaging others or fabricating facts to slander others, are to be detained for between 5 to 10 days; and where the circumstances are more minor, up to 5 days of detention or a fine of up to 1,000 RMB is given.
Article 51: Those fabricating facts to wrongly accuse or frame others, and attempting to make others receive public security administrative penalties, are to be detained for between 5 to 10 days; and where the circumstances are more minor, up to 5 days of detention or a fine of up to 1,000 RMB is given. Those attempting to make others subject to criminal prosecution are given between 10 and 15 days detention.
Article 52: Those who seek revenge by attacking persons who reported a case, made accusations, or were informants or witnesses, or their relatives, are to be detained for between 5 and 10 days, and may be concurrently fined up to 1,000 RMB; and where the circumstances are more serious, they are to be detained for between 10 and 15 days and may be concurrently fined up to 1,000 RMB.
Where the conduct in the preceding paragraph is perpetrated, they may also be simultaneously given an injunction prohibiting contact with the persons who reported a case, made accusations, or were informants or witnesses, or their relatives, for between 1 and 3 months. Where the injunction is violated, they are to be detained for up to five days or be fined up to 1,000 RMB.
Where injunctions for the protection of witnesses in criminal proceedings are violated, punishment is in accordance with paragraph 2.
Article 53: Those who beat others, or intentionally harm others' persons, are to be given a warning, fined up to 500 RMB, or detained for up to 10 days; and where the circumstances are more serious, are to be detained between 10 and 15 days, and a concurrent fine of between 1,000 and 2,000 RMB may be given.
Article 54: Those who commit indecency to others are to be detained for between 5 and 10 days; and where the circumstances are more serious, they are to be detained for between 10 and 15 days.
Article 55: Those who commit any of the following acts are to be detained for up to five days or given a warning; and where the circumstances are more serious, they are to be detained for between 5 and 10 days:
(1) abusing a family member, where the abused person requests the matter be handled;
(2) abuse of minors, the elderly, the sick, or disabled persons under one's guardianship or care;
(3) abandoning a person one supports, who cannot look after himself.
Article 56: Those who forcibly buy or sell commodities, forces others to provide or to accept services, are to be detained for between 5 and 10 days and shall, in addition, be fined between 3,000 RMB and 5,000 RMB; where the circumstances are more minor, they are to be detained for up to five days or be fined up to 1,000 RMB.
Article 57: Those unlawfully aquiring, possessing, using, selling, providing, or transmitting citizens' personal information are to be detained between 5 and 10 days, and fined between 3 and 5 times the value of the unlawful gains is to be given; and where there are no unlawful gains or the unlawful gains are worth less than 1,000 RMB, a concurrent fine of between 3,000 and 5,000 RMB may be given. Where the circumstances are more serious, detention of between 5 and 10 days is to be given, and a concurrent fine of between 3 and 5 times the value of the unlawful gains is to be given; where there are no unlawful gains or the unlawful gains are worth less than 1,000 RMB, a concurrent fine of between 1,000 and 3,000 RMB may be given.
Where State provisions are violated by selling or providing others with citizens' personal information acquired while performing official duties or providing services, detention of between 10 and 15 days is to be given, and a concurrent fine of between 5 and 10 times the value of the unlawful gains is to be given; where there are no unlawful gains or the unlawful gains are worth less than 1,000 RMB, a concurrent fine of between 5,000 and 10,000 RMB may be given.
Where lax management results in the disclosure of citizens' personal information, units are to be fined between 10,000 RMB and 50,000 RMB, and the directly responsible managers and other directly responsible personnel are to be detained between 5 and 10 days; where the circumstances are more serious, units are to be fined between 50,000 and 200,000 RMB, and the directly responsible managers and other directly responsible personnel are to be detained between 10 and 15 days.
Where units carry out the acts in the first paragraph, a fine of between 5 and 10 times the value of the unlawful gains is to be given; and where there are no unlawful gains or the unlawful gains are worth less than 40,000 RMB, a fine of between 20,000 and 50,000 RMB may be given.
Article 58: Those who claim under false pretenses, hide, destroy, discard, secretly open or illegally examine others' deliveries are to be detained for up to five days or be fined up to 1,000 RMB; where the circumstances are more serious, detention of between 5 and 10 days is given.
Article 59: Those who steal, defraud, forcibly seize, rob, or blackmail are to be detained for between 5 and 10 days and may be concurrently fined up to 1,000 RMB; and where the circumstances are more serious, they are to be detained for between 10 and 15 days and may be concurrently fined between 1,000 and 2,000 RMB.
Article 60: Those who intentionally destroy public or private property are to be given a warning, fined up to 1,000 RMB, or detained up to 5 days; and where the circumstances are more serious, they are to be detained for between 5 and 10 days and may be concurrently fined between 1,000 and 3,000 RMB.
Section 4: Acts endangering social management and their penalties
Article 61: Those who commit any of the following acts are to be given a warning or fined up to 500 RMB or detained up to 5 days; where the circumstances are more serious, they are to be detained for between 5 and 10 days and may be concurrently fined up to 1,000 RMB:
(1) refusing to carry out a decision or order issued according to law by the people’s government in a state of emergency;
(2) obstructing state employees' lawful performance of their duties;
(3) obstructing the passage of vehicles such as fire engines, ambulances, or engineering emergency trucks performing their duties;
Those committing any of the following acts may be given a heavy sentence in accordance with the preceding paragraph:
(1) insulting, verbally abusing, threatening, containing, or blocking people's police that are currently carrying out their duties;
(2) impeding passage of police cars carrying out their duties;
(3) forcibly breaking through a police cordon, restricted area or checkpoint established by public security organs;
(4) other obstructions of the people’s police from lawfully performing their duties.
Article 62: Those, who due to disatisfaction with state employees' performance of their duties, or clearly knowing someone is a state employees, threaten, insult, beat, or intentionally harm them for the purpose of venting or taking revenge, at a time when they are not performing their duties,are to be detained for up to 10 days; where the circumstances are more serious, they are detained for up to 15 days and may be given a concurrent fine of between 1,000 and 3,000 RMB.
Those who carry out the conduct in the preceding paragraph against police are to be given a heavy sentence.
Article 63: Those who impersonate state employees to deceive and defraud are to be detained for between 10 and 15 days and may be concurrently fined up to 1,000 RMB; and if the circumstances are more minor, they are to be detained for between 5 and 10 days.
Those impersonating a police officer to deceive and defraud, are to be given a heavy punishment in accordance with the provisions of the preceding paragraph.
Those who fake other identities to deceive and defraud are to be fined up to 1,000 RMB; and if the circumstances are more minor, they are to be detained between 5 and 10 days, and may be concurrently fined up to 1,000 RMB.
Article 64: Those who commit any of the following acts are to be detained for between 10 and 15 days and may be concurrently fined between 3,000 and 5,000 RMB; and where the circumstances are more minor, they are to be detained for between 5 and 10 days and may be concurrently fined between 1,000 and 3,000 RMB:
(1) forging, altering, buying or selling official documents, certificates, testimonial papers or seals of a government organs, people’s organizations, enterprises, public institutions or other organization;
(2) buying, selling or using forged or altered official documents, certificates or testimonial papers, or seals, of government organs, people’s organizations, enterprises, public institution or other organizations;
(3) forging, altering, buying, selling, or falsely using documents that may be used to prove one's identity in accordance with law;
(4) buying, selling, or using forged or altered documents that may be used to prove one's identity in accordance with law;
(5) forging, altering, or reselling train or bus tickets, ship tickets, air tickets, admission tickets for theatrical performances or sports competitions, or other negotiable bills or vouchers; or
(6) forging or altering a vessel's registration certificates, buying, selling or using a forged or altered vessel registration certificate, or altering the number of a vessel engine.
Where units carry out the conduct in the preceding paragraph, a fine of between 30,000 and 100,000 RMB is given; and where the circumstances are more serious, a fine of between 100,000 and 200,000 RMB is given.
Article 65: Those who lease, loan, buy or sell bank cards, bank settlement accounts, or non-bank payment accounts, where the circumstances are more serious, are to be detained for between 10 and 15 days and may be concurrently fined between 1,000 and 3,000 RMB.
Article 66: Those who violate State provisions by using methods such as consumer terminal tools or online payment portals to use means such as fake transactions, fake prices, or cash returns to directly pay cash to credit card holders, and where within one year after the competent department giving administrative penalties another offense is committed, are to be detained for between 5 and 10 days; and where the circumstances are more serious, they are to be detained between 10 and 15 days.
Article 67: Where, without authorization, a vessel enters or berths at waters or islands that which the State forbids or restricts, the person in charge of the vessel and the responsible parties are to be fined between 1,000 and 2,000 RMB; and if the circumstances are more serious, they are to be detained for up to five days and may be concurrently fined between 1,000 and 2,000 RMB.
Article 68: Those who commit any of the following acts are to be detained for between 10 and 15 days:
(1) incitement of ethnic separatism, ethnic hatred, or ethnic discrimination;
(2) the use of religion to incite hatred or discrimination;
(3) publishing content in publications or on information networks that discriminates or insults ethnicities or religions.
Article 69: Those who commit any of the following acts are to be detained for between 10 and 15 days and may be concurrently fined between 1,000 and 2,000 RMB; and where the circumstances are more minor, they are to be detained for between 5 and 10 days or fined between 1,000 and 2,000 RMB:
(1) Violating State regulations by engaging in activities in the name of a social group, foundation, or other social organizations without registering, or continuing to engage in activities after it is shut down;
(2) Continuing to conduct activities in the name of social groups, foundations or other social organizations, that have been lawfully deregistered or had registration certificates revoked.
Article 70: Those operating of their own accord in industries that require the public security organs approval without getting that permission, are to be shut down and detained between 10 and 15 days, and given a concurrent fine of between 10,000 and 30,000 RMB; and where the circumstances are more minor, they are to be detained between 5 and 10 days or fined up to 10,000 RMB.
Where those that have been shut down commit the violation again with one year, they are to be detained for between 10 and 15 days, and given a concurrent fine of between 30,000 and 50,000 RMB, and may be simultaneously prohibited from applying for the same kind of permit for between 1 and 3 years.
Where business operators who have obtained licenses from public security organs violate the relevant State administrative regulations, and the circumstances are more serious, the public security organs may revoke their license, and the administrative department of industry and commerce is to revoke their business licenses.
Article 71: Those who incite or orchestrate illegal gatherings, protests, or demonstrations and refuse to heed dissuasion, are to be between 10 and 15 days.
Where information inciting or orchestrating illegal gatherings, protests, or demonstrations is disseminated on the information networks, it is to be given a heavier punishment in accordance with the preceding paragraph.
Article 72: Hotels, those leasing rooms, others operating accommodation services, or service providers, exhibiting any of the following conduct, and where upon the public security organs ordering that corrections be made but they are refused, or where serious consequences are caused; a fine of between 10,000 and 50,000 RMB is to be given, and the directly responsible managers or other directly responsible personnel are to be fined up to 10,000 RMB; and where the circumstances are more minor, a fine of between 10,000 and 50,000 RMB is to be given, and the directly responsible managers and other directly responsible personnel are to be fined up to 10,000 RMB.
(1) Failing to follow provisions on inspecting lodgers' identification documents;
(2) Providing accommodations to those whose identity is unclear or who refuse inspection of their identification;
(3) Failing to follow provisions on registering information such as lodgers' full names, valid identification type and number.
Hotels, those leasing rooms, others operating accommodation services, or service providers exhibiting any of the following conduct, are to be fined between 10,000 and 50,000 RMB, and the directly responsible managers or other directly responsible personnel are to be detained up to 5 days, and a fine concurrent fine of up to 10,000 RMB is to be imposed; where the circumstances are more serious a fine of between 50,000 and 100,000 is to be given, and the directly responsible managers and other directly responsible personnel are to be detained between 5 and 10 days, and a concurrent fine of between 10,000 and 30,000 may be given:
(1) not stopping lodgers that they clearly know are violating provisions by bringing dangerous substances into the accommodations;
(2) not reporting to the public security organs when clearly knowing that lodgers are criminal suspects or persons on public security organs' wanted notices;
(3) Not reporting to the public security organs when clearly knowing that lessees are using rented premises to perpetrate crimes or violate the administration of public security.
Where accommodation operations or service providers, were punished two or more times within one year as a result of acts in the first and second paragraphs, or there are other more serious circumstances, they may be ordered to suspend production, and where they still do not make corrections, the department that originally issued their licenses may revoke them.
Where telecommunications, internet, finance, long distance transport, motor vehicle rental, and other such business operations or service providers do not follow provisions to conduct checks of customer identification, or provide service to those whose identity is unclear or who refuse to allow inspection of their identification; and who commit the violation within one year after the competent departments give administrative punishment, the directly responsible managers and other directly responsible personnel are to be detained up to 5 days; and where the circumstances are more serious they are to be detained between 5 and 10 days. Where corrections are still not made, the departments that originally issued licenses are to revoke them.
Article 73: Where hotels, those leasing rooms, and other accommodations operations or service providers, or song and dance, recreation, games, and bathing venues and seal engraving, printing, second-hand goods, motor vehicle repair industry business, do not follow provisions to report registration information to the public security organs, they are to be fined up to 10,000 RMB and their directly responsible managers and other directly responsible personnel are to be fined between 1,000 and 3,000 RMB; where the circumstances are more serious a fine of between 10,000 and 50,000 RMB is given, and the directly responsible managers and other directly responsible personnel are to be detained up to 5 days.
Article 74: Where persons engaged in editing, publishing, printing, or distribution activities discover unlawful or criminal acts of spreading content that endangers national security, is terrorist, or extremist, cult, or pornographic content in the course of their editing, publishing, printing, or distribution activities, and fail to report them to the public security organs, they are to be detained between 5 and 10 days; where the circumstances are more serious they are to be detained 10 and 15 days.
Article 75: Those who, for the purpose of profit, unlawfully use, provide, or sell devices for eavesdropping, spying, or following through positioning, they are to be fined up to 5,000 RMB; and if the circumstances are more minor, they are to be detained between 5 and 10 days, and concurrently fined between 10,000 and 30,000 RMB.
Article 76: Where provisions of the law on the prevention and control of noise pollution from social activities are violated, causing noise to disturb the daily life of others, they are to be given warnings; and if corrections are not made after being given a warning, they are to be fined up to 1,000 RMB.
Article 77: Those intentionally naked in a public venue, interfering with public decency, are to be given a warning or a fine of up to 500 RMB; where the circumstances are more serious, they are to be detained between 5 and 10 days.
Article 78: Those who commit any of the following acts are to be fined between 1,000 and 3,000 RMB; and where the circumstances are more serious, they are to be detained for between 5 and 10 days and concurrently fined between 1,000 and 3,000 RMB:
(1) where employees of pawnshops or consignment businesses fail to examine the relevant certificates or fail to perform the registration formalities for pawned or consigned items, failing to report registration information to the public security organs, or failing to report to the public security organs when clearly knowing that the persons pawning or consigning are suspected of breaking the law or committing crimes, or that the article is stolen;
(2) Violating State regulations by purchasing worn-out equipment specially used for railways, oilfields, power supply, telecommunications, mineral mines, water conservancy, surveying or urban public utilities;
(3) purchasing stolen goods, or suspected stolen goods, that public security organs have circulated a search announcement for;
(4) purchasing of other articles, which is prohibited by the State.
Those who were punished two or more times within one year for committing the conduct in item (1) the preceding paragraph, may be ordered to stop operations; and where corrections are still not made, the department that originally issued licenses are to revoke them.
Article 79: Those who commit any of the following acts are to be detained for between 5 and 10 days and may be concurrently fined up to 1,000 RMB:
(1) hiding, transferring, selling off, using without authorization, or destroying assets that have been lawfully seized, sealed, frozen, or withheld by administrative law-enforcement organs;
(2) forging, concealing or destroying evidence, or providing false testimony or reporting false information about a case, which affects the administrative law-enforcement organs in handling the case according to law;
(3) harboring, transferring or selling goods that one knows to be stolen, for another person;
(4) knowingly providing hiding places, assets, or assistance in escaping to a person one knows has violated the law or committed a crime;
(5) Where a criminal who has lawfully been placed under controlled release or been deprived of political rights, or has a suspended sentence or is temporarily serving their sentence outside of prison, or a person lawfully subjected to compulsory criminal measures, has conduct in violation of laws, administrative regulations or of the regulations of the relevant departments under the State Council on supervision and control;
(6) violating injunction or professional restriction decisions in a people's court's criminal judgment.
Where the commission of the acts in item (4) of the preceding paragraph was planned in advance, it is to be handled as a joint violation of the administration of public security.
Where units carry out the acts in items (1)-(4) of the first paragraph, a fine of between 10,000 and 30,000 is given; and where the circumstances are more serious, a fine of between 30,000 and 50,000 is given.
Article 80: Where a violator detained in accordance with law absconds, they are to be detained for between 10 and 15 days; and where the circumstances are more minor, they are to be detained for between 5 and 10 days.
Article 81: Those who commit any of the following acts are to be given a warning or fined up to 500 RMB; where the circumstances are more serious, they are to be detained for between 5 and 10 days and may be concurrently fined up to 1,000 yuan:
(1) Scratching, smearing or intentionally damaging State-protected cultural relics, scenic spots or historic sites by other means;
(2) Violating State regulations, by conducting activities such as blasting and excavation in the vicinity of State-protected historic and cultural sites, threatening the safety of cultural relics.
Article 82: Those who commit any of the following acts are to be fined between 1,000 and 2,000 RMB; and where the circumstances are more serious, they are to be detained for between 10 and 15 days and may be concurrently fined between 1,000 and 2,000 RMB:
(1) driving another person’s motor vehicle without permission; or
(2) driving another person’s aircraft or motorboat without obtaining a driver’s license or without permission.
Article 83: Those who commit any of the following acts are to be detained for between 5 and 10 days; and where the circumstances are more serious, they are to be detained for between 10 and 15 days and may be concurrently fined up to 2,000 RMB:
(1) intentionally destroying or defacing graves, or damaging or discarding remains or ashes;
(2) placing a corpse at a public place, or disturbing another person’s normal life or work order due to the placing of a corpse and refusing to heed dissuasion.
Article 84: Those selling or soliciting sex are to be detained between 10 and 15 days, and may be concurrently fined up to 5,000 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 1,000 RMB.
Those who solicit customers for prostitutes in a public place are to be fined up to 1,000 RMB; and where the circumstances are more serious, they are to be detained between 10 and 15 days, and concurrently fined up to 5,000 RMB.
Article 85: Those who entice, accommodate or make introductions for others to engage in prostitution are to be detained for between 10 and 15 days and may be concurrently fined up to 5,000 RMB; and where the circumstances are more minor, they are to be detained for up to five days or fined up to 2,000 RMB.
Where the venues of hotels, food service, cultural entertainment, bath, massage, or other service industries, commit the conduct in the preceding paragraph or tolerate and do not take measures to stop prostitution, solicitation of prostitution, gambling or drug use; the unit is to be fined between 10,000 and 30,000 RMB; and where the circumstances are more serious a fine of between 30,000 and 100,000 is to be given, and an order may be given to stop operations; and where corrections are still not made, the departments originally issuing licenses are to revoke them. The directly responsible managers and other directly responsible personnel are to be punished under the provisions of the preceding paragraph.
Article 86: Those who produce, transport, duplicate, sell, or rent pornographic materials such as books, periodicals, pictures, movies and audio-video products, or disseminates pornographic information through information networks, telephones or other means of communication, are to be detained between 10 days and 15 days and may be concurrently fined up to 5,000 RMB; and where the circumstances are more minor, they are to be detained for up to five days or be fined up to 3,000 RMB.
Article 87: Those who commit any of the following acts are to be detained for between 10 and 15 days and concurrently fined between 1,000 and 2,000 RMB:
(1) organizing the broadcast of pornographic audio or video;
(2) organizing or conducting pornographic performances; or
(3) participating in group licentious activities.
Those who provide conditions to others while clearly knowing that they are engaged in the activities specified in the preceding paragraph are to be penalized in accordance with the provisions of the preceding paragraph.
Article 88: Those who, for the purpose of making profits, provide conditions for gambling or participates in gambling for higher stakes, are to be detained for up to 5 days or be fined up to 1,000 RMB; and where the circumstances are more serious, they are to be detained for not less than 10 days but up to 15 days and shall, in addition, be fined between 1,000 and 5,000 RMB.
Where units provide conditions for gambling, a fine of between 10,000 and 50,000 RMB is to be given; and where the circumstances are more serious, a fine of between 50,000 and 200,000 RMB is given, and they may be concurrently ordered to stop production and operations,; where they still to not make corrections, the department that issued their licenses is to revoke them.
Article 89: Any of the following acts are punished by detention of between 10 and 15 days, and may be concurrently fined up to 5,000 RMB; where the circumstances are more minor, they may be detained for up to 5 days or fined up to 1,000 RMB:
(1) illegally cultivating opium poppies or any other plant precursors of drugs;
(2) illegally buying, selling, transporting, carrying or possessing the seeds or seedlings of the precursor plants of drugs, such as the opium poppies, which have not been inactivated;
(3) illegally transporting, buying, selling, storing or using a opium poppy shells.
Where units carry out the conduct in the preceding paragraph, a fine of between 10,000 and 50,000 RMB is to be given; and where the circumstances are more serious, a fine of between 50,000 and 200,000 RMB is given, and they may be concurrently ordered to stop production and operations,; where they still to not make corrections, the department that issued their relevant licenses is to revoke them.
Those who commit the acts specified in item (1), but uproot the plants of their own accord before they are matured, are not to be penalized.
Article 90: Any of the following acts are punished by detention of between 5 and 10 days, and may be concurrently fined up to 3.000 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 1,000 RMB:
(1) unlawful possession of drugs;
(2) providing others with drugs;
(3) ingesting or injecting drugs;
Where people are gathered or organized for the ingestion or injection of drugs, the principals and organizers are to be given a heavy penalty in accordance with the provisions of the preceding paragraph.
Where drugs are ingested or injected, an injunction may also be made for a period of 6 months to 1 year prohibiting entry into entertainment venues or contact with persons involved with drug crimes or violations. Where the injunction is violated, they are to be detained for up to five days or be fined up to 1,000 RMB.
Article 91: Those who coerce, instigate, lure or trick others into ingesting or injecting drugs are to be detained for between 10 and 15 days, and concurrently fined between 1,000 and 5,000 RMB.
Article 92: Those who violate State provisions by illegally producing, trading in, purchasing, or transporting raw materials or reagents used for making drugs; they are to be detained for between 10 and 15 days; and where the circumstances are more minor, they are to be detained for between 5 and 10 days.
Article 93: Where during the public security organs' investigation of unlawful or criminal conduct, violators or criminals covertly tip others off, they are to be detained between 10 and 15 days; and where the circumstances are more minor, they are to be detained for between 5 and 10 days or fined between 1,000 and 2,000 RMB.
Article 94: Where during the public security organs' investigation of unlawful or criminal conduct, violators or criminals covertly tip others off, they are to be detained between 10 and 15 days; and where the circumstances are more minor, they are to be detained for between 5 and 10 days or fined between 1,000 and 2,000 RMB.
Where animals are driven so as to hurt others, it is to be punished in accordance with the provisions of Article 53 of this Law.
Article 95: Those who transmit methods for breaking the law or committing crimes, or who publish information in furtherance of unlawful or criminal activities, are to be detained up to 5 days or fined up to 1,000 RMB; and where the circumstances are more serious, they are to be detained between 5 and 15 days, and concurrently fined up to 2,000 RMB.
Those who violate State provisions by publishing or transmitting information on the sale of guns, ammunition, controlled instruments, or contraband; or dangerous substances that are explosive, inflammable, toxic, radioactive, or corrosive or infectious pathogens; are to be detained between 5 and 10 days and given a concurrent fine of up to 2,000 RMB; where the circumstances are more serious they are to be detained between 10 and 15 days, and given a fine of between 2,000 and 5,000 RMB.
Those who publish or transmit information on methods for breaking the law or committing crimes are to be given a heavy punishment in accordance with paragraph 1.
Where units carry out the conduct in the preceding three paragraphs, a fine of between 50,000 and 200,000 RMB is to be given; and where the circumstances are more serious, a fine of between 200,000 and 500,000 RMB is given, and they may be concurrently ordered to stop production and operations,; where they still to not make corrections, the department that issued their relevant licenses is to revoke them.
Article 96: Those who provide internet access, server maintenance, network storage, communication transmissions, or other technical support, or assistance such as advertising and promotions, or bill payment, are to be detained for between 5 and 10 days; and where the circumstances are more serious, they are to be detained for between 10 and 15 days.
Where websites, chatrooms, forums, communications groups or other online platforms are set up to be used for committing illegal or criminal acts, it is to be given a heavy punishment in accordance with the preceding paragraph.
Where units carry out the conduct in the preceding two paragraphs, a fine of between 30,000 and 100,000 RMB is given; and where the circumstances are more serious, a fine of between 100,000 and 300,000 RMB is given, and they may be concurrently ordered to stop production and operations,; where they still do not make corrections, the department that issued their licenses is to revoke them.
Article 97: Those who publish, transmit, sell, or provide programs or tools that illegally change telephone numbers are to be detained up to 5 days and concurrently fined between 1,000 and 3,000 RMB; and where the circumstances are more serious, they are to be detained for between 5 and 15 days and concurrently fined between 3,000 and 20,000 RMB.
Those who use programs or tools that illegally change telephone numbers to commit unlawful or criminal acts are to be detained up to 5 days and may be concurrently fined up to 1,000; and where the circumstances are more serious, they are to be detained for between 5 and 10 days and may be concurrently fined between 1,000 and 2,000 RMB.
Chapter IV: Punishment Procedures
Section 1: Investigation
Article 98: Public security bureaus of county-level people's governments or municipal public security bureau branches and police substations shall promptly receive and register cases of violations of the administration of public security from reports, accusations, and informants, or the voluntary surrender of persons violating the administration of public security, as well as those transferred by other competent administrative departments or judicial organs.
Article 99: Where, after receiving cases through reports, accusations, informants, or voluntary surrender; the public security organs find that it is a violation of the administration of public security, they shall immediately conduct an investigation; where they find it is not a violation of the administration of public security, they shall inform the reporter, accuser or informant, or the persons who surrendered themselves, and explain the reasons.
Article 100: Public security organs and their people’s police shall investigate public security cases in accordance with law.
The use of violence, threats or other illegal methods to gather evidence is strictly prohibited. Statements made by the perpetrators or victims of violations of the administration of public security, and witness testimony, that is collected through violence, threats, or other illegal means, shall be excluded. Where the gathering of physical or documentary evidence, audiovisual materials, or electronic data, does not comply with legally prescribed procedures and might seriously influence judicial justice, supplementary evidence or a reasonable explanation shall be provided; where supplementary evidence or a reasonable explanation cannot be provided, the evidence shall be excluded, and must not serve as the basis for deciding a case.
Article 101: Public security organs handling public security cases have the right to gather or collect evidence from relevant units or individuals. Relevant units and individuals shall truthfully provide evidence.
When public security organs gather or collect evidence from relevant units or individuals, they shall inform them that evidence must be truthfully provided, and of the legal responsibility that shall be borne for fabricating, concealing, or destroying evidence or for providing false testimony.
Article 102: Evidence already lawfully gathered during the course of handling criminal cases, or in cases transferred by other administrative law enforcement organs, may be used as evidence in public security administration cases.
Article 103: When public security organs and their people’s police handle public security cases, they shall preserve confidentiality where it touches upon State secrets, commercial secrets or individual privacy.
Article 104: Where in the course of handling a public security case, people’s police encounter any of the following circumstances, they shall be recused; and the person who violated the administration of public security, the victims or their legally-designated representatives also have the right to request their recusal:
(1) is a party or a close relative of a party in the case;
(2) they, or close family members, have an interest in the case;
(3) Has other connections with the case that might influence the fair disposition of the case.
The recusal of people’s police is to be decided on by the public security organs to which they belongs; and the recusal of the responsible party at a public security organ is to be decided on by the public security organ at the level above.
Article 105: Where it is necessary to summon violators of the administration of public security to undergo investigation, it is to be upon to approval of the responsible party of the public security organ's case-handling department, and a written summons is to be used. Persons violating the administration of public security who are discovered on the spot, may be summoned orally upon the people’s police presenting their identification, but this shall be noted in the record of questioning.
Public security organ shall notify persons being summoned of the reasons for and the basis of the summons. Persons who refuse to accept a summons without legitimate reasons, or who evades a summons, may compulsorily be summoned upon approval by the responsible party for the public security organs' case-handling department. When making compulsory summons, police implements may be utilized in accordance with law.
Where compulsory summons is carried out at the scene due to the urgency of the situation, the people's police shall report to the responsible party for the public security organ where they work's case-handling department immediately upon returning to their unit, and note this in the record of questioning. Where the responsible party for public security organs' case-handling departments fine there should not be compulsory summons, it shall be immediately released.
Article 106: Persons who's behavior violated public security and have been apprehended or are appearing in court shall undergo a safety check. If, during the check, any prohibited items or control tools, easily flammable, explosive, or other dangerous materials, or any items that could be necessary and relevant evidence to the case are discovered, those items shall be seized.
Article 107: After a violator of the administration of public security has be summoned, the public security organ shall promptly question and screen them, and the questioning and screening must not exceed 12 hours; but where the circumstances are complicated and, according to the provisions of Law, a penalty of administrative detention might be applied, the time for the questioning and screening must not exceed 24 hours.
Public security organs shall immediately carry out questioning and screening of violators of the administration of public security who turn themselves in or are brought in by the public, and note how they were brought in, and the time of their arrival and departure, in the record of questioning. The time for questioning and screening applies the provisions of the preceding paragraph.
During the questioning and screening, the public security organs shall ensure that the violator of the administration of public security has food, water, and necessary rest time, and shall promptly inform the violators' families of the reason for their summons or questioning and their location, except where there is no way to inform them.
When questioning violators of the administration of public security who are not yet 16 years-old, their parents or guardians shall be notified to be present.
Article 108: People’s police questioning victims or other witnesses, may do so at the scene, or may also conduct it at their unit, residence, or other location; when necessary, people’s police may also notify them to come to the public security organ and provide testimony.
Public security organs may request that the public security organs in other areas conduct questioning of victims and witnesses in those other areas on their behalf, and, upon the consent of the person being questioned, may also question them through remote video.
When people’s police question victim or other witnesses outside of the public security organs, they shall present their police identification.
Article 109: The record of questioning shall be given to the person being questioned for review; and where they cannot read, it shall be read out to them. Where there are omissions or errors in the record, the person being questions may propose supplements or corrections. When the person being questioned confirms that the written record is free of error, they shall sign or affix their seal to it, and the people's police who questioned them shall sign the record as well.
In remote video questioning, after the person being questioned has confirmed that the record is error free, the questioning police shall note this in the record, and simultaneous audio or visual recording shall be made of the entire questioning and announcement process.
Where the person being questioned requests to provide written materials on the issues for interrogated, it shall be permitted; and when necessary, the people’s police may also request that the person being questioned to write out materials themselves.
Article 110: Where questioning violators of the administration of public security, victims or other witnesses who are deaf-mutes, , assistance shall be provided by persons who have a good command of sign language, and this is to be noted in the record.
Where questioning violators of the administration of public security, victims, or other witnesses, who are not familiar with the spoken or written language in common use in the place of questioning, interpreters shall be provided, and this is to be noted in the record.
Article 111: Public security organs may inspect venues, objects, or individuals related to violations of the administration of public security. When inspecting, there must not be less than two police, and they shall present their police identification.
Where inspecting venues, it is to be upon to approval of the responsible party of the public security organ's case-handling department, and an inspection certificate is to be used. Where it is truly necessary to conduct inspections immediately, the police, upon showing their police identification, may conduct on-site inspections; but shall present an inspection certificate for inspections of citizens' residences.
Inspections of women's person shall be conducted by female personnel or doctors.
Article 112: To verify certain characteristics, injuries, or the physiological states of violators of the administration of public security and victims, upon the approval of the responsible party for the public security organs' case-handling department, images, finger prints, iris imaging, and other physiological identifying information, as well as blood, urine, hairs, and exfoliated skin cells and other biological samples, may be collected. Information already obtained at security inspections and on-site inspections is not to be recollected or gathered.
Where violators of the administration of public security refuse inspections, extractions or collection, and the people's police find it is necessary, they may compel the inspection, collection or extraction.
Article 113: An inspection record shall be made on the circumstances of inspections, and the inspectors and the inspected, or their relatives, or other witnesses, are to sign it, affix their seals, or leave a fingerprint; where the person inspected is not at the scene, or where the inspected person or a witness refuses to sign, the police shall note this in the inspection record.
Article 114: Public security organs handling public security cases, may seize articles that are related to the case and need to be taken as evidence; and where assets lawfully possessed by victims or the third parties in good faith, as well as high-value items or items whose seizure might seriously impact normal livelihood or other production business, they must not be seized but shall be registered, except in situations where the evidence might be destroyed or will be difficult to collect later. Where they are related to the case and must be evaluated, they may be seized in accordance with law, and immediately released after the evaluation. Items that are not related to the case must not be seized.
Where items that need to be seized are in another area, and not immediately seizing them might result in their destruction or difficulty in seizing them, the public security organs for that area may be retained to conduct the seizure, and formalities for transfer of the items are to be completed within 15 days of the seizure.
The carrying out of seizures or registration and storage shall be reported to the responsible person for public security organs' case-handling departments; where due to urgent circumstances it is necessary to carry these out at the scene, the people's police shall report to the public security organs' case-handling department within 24 hours, and supplement the formalities. Where the responsible party for public security organs' case-handling departments finds that there should not be seizure or registration and storage, it shall be immediately released.
Seized items shall be preserved properly and must not be used for other purposes; and items unsuitable long-term storage, are to be handled in accordance with relevant provisions. Items which, upon investigation, are found to be unrelated to the case, or to be the property of the victims or others, shall be immediately returned after they are registered; where, at the expiration of six months, nobody has laid claim to such property or there is no way of identifying the owners, the items shall be publicly sold at auction or be disposed of in accordance with the relevant State provisions, and the proceeds therefrom shall be handed over to the national treasury.
Article 115: People's police may allow violators of the administration of public security, victims, or other witnesses to identify items, venues, or or violators related to violations of the administration of public security.
A record shall be made of the identification process and results, and the police and those making identifications are to sign it, affix their seals, or leave a fingerprint.
Article 116: Where it is necessary to solve the specialized issues in dispute in a case in order to find out the truth of the case, persons with special knowledge shall be appointed or hired to make an evaluation; and after the evaluation, the experts shall write out their opinions and sign their names.
Article 117: Where public security organs carry out mediation, questioning, seizure, or identifications, they may have a single police carry them out, supported by auxiliary support staff; where the mediation, questioning, seizure, or identifications, are carried out in the public security organs' law-enforcement case-handling venue, a single police officer may conduct them.
Where the provisions of the preceding paragraph are followed to conduct mediation or investigations, a simultaneous audio or visual recording of the entire shall be made.
Section 2: Decisions
Article 118: Public security administrative punishments are to be decided upon by the public security bureaus of county-level people's governments, and municipal public security bureau branches; police substations may make decisions on warnings, fines of up to 1,000 RMB for individuals, and fines of up to 10,000 RMB for units.
Article 119: With regard to persons who were under compulsory measures restricting their freedom before the decision on a penalty of administrative detention is made, the period for administrative detention is offset by the time under compulsory measures. One day of restricted personal liberty shall be offset against one day of administrative detention.
Article 120: In investigating and handling public security cases, where there is no statement made by the offender, but there is other evidence that can prove the facts of the case, the public security organs may make a public security administrative penalty decision. However, where there are only statements made by the offender but no other evidence to prove the facts, a public security administrative penalty cannot be made.
Article 121: Before making public security administrative penalty decisions, the public security organs shall inform violators of the administration of public security of the facts, reasons and basis for such penalties, as well as of the rights he enjoys in accordance with law.
Violators of the administration of public security have the right to make statements and to defend themselves. The public security organs must fully hear their opinions and shall review the facts, reasoning and evidence they put forth; and where the facts, reasoning and evidence put forth by the violator of the administration of public security are sustained, the public security organs shall accept them.
The public security organ shall not impose a heavier penalty on the person who commits an act against the administration of public security because the person has made his statements or defended himself.
Article 122: After the investigation into public security cases is concluded, the public security organs shall make a decision based on the case situation, as follows:
(1) Where there is truly unlawful conduct for which public security administration penalties shall be imposed in accordance with law, a punishment decision tis to be made in light of the seriousness and specific circumstances;
(2) Where no penalty is to be imposed in accordance with law, or the facts about the unlawful acts are not sustained, a decision to not punish is to be made;
(3) Where the unlawful acts are suspected of being crimes, the case is to be transferred to a competent organ to pursue criminal responsibility in accordance with law.
(4) where it is found that violators of the administration of public security have committed other unlawful acts, the competent administrative department is to be informed, for their handling, at the same time that a penalty decision is made as to the violation of the administration of public security.
Article 123: Where public security organs make a public security administration penalty decision, they shall make a written document. In the written decision the following shall clearly be indicated:
(1) the name, sex, age, type and number of identity card, and address of the person penalized;
(2) facts and evidence of the unlawful acts committed;
(3) types and basis of the penalties;
(4) enforcement methods and time periods for the penalties;
(5) channels and time limits for making an application for administrative reconsideration or for bringing an administrative lawsuit where a person is dissatisfied with the penalty decision; and
(6) the name of the public security organ making the penalty decision and the date on which it was made.
The seal of the public security organ that makes the penalty decision shall be affixed to the written decision.
Article 124: Public security organs shall read out the written administration of public security penalty decision to the person penalized, and hand it over to him on site; where there is no way of reading it out to them on the spot, the written decision shall be served on the person within 2 days. Where a penalty decision of administrative detention is made, the family members of the person penalized shall be notified without delay.
Where there are victims, the public security organs shall send the written decision to the victims.
Article 125: Before making public security administrative penalty decisions for qualifications punishments such as ordering the stop of production or operations, or revoking permits, or for fining individuals more than 4,000 RMB or fining units more than 100,000 RMB, or making injunctions, the public security organ shall inform the violators of the administration of public security that they have the right to demand a hearing be held; and where they demands a hearing, the public security organs shall promptly hold the hearing in accordance with law.
Article 126: The period of time for the public security organ to handle public security cases must not exceed 30 days from the date they accept the case; and where it is a major and complicated case, the period of time may be extended for another 30 days upon approval by the public security organ at the next higher level. Cases handled by public security police substations are under the approval of the public security organs.
Where there is no way to make a handling decision during the period provided in the preceding paragraph, the public security organs shall explain the situation to the victims, and continue to conduct an investigation, and promptly make a handling decision.
The time for making evaluations in order to find out the facts about a case is not counted into the period of time for handling public security cases.
Where jurisdiction of public security cases is transferred, the period for question and screening, seizures, and other measures is newly calculated.
Article 127: Where the facts about violations of the administration of public security are clear and the evidence is irrefutable, and where a warning or a fine of up to 500 RMB is to be given, the public security administration penalty decision may be made at the scene.
Article 128: Where public security administrative penalty decisions are made at the scene, the people’s police shall present their police identification to violators of the administration of public security, and fill out a written penalty decision. The written penalty decision shall, at the scene, be handed over to the person penalized; and where there are victims in the case, the written decision shall be sent to them.
The written penalty decision provided for in the preceding paragraph shall clearly indicate the name of the persons being penalized, the unlawful conduct, the basis for the penalty, the amount of fines the date, place, and the name the public security organ, and it is to be signed by, or affixed with the seal of, the people’s police who handle the case.
Where the decision on public security administration penalties is made at the scene, the people’s policeman who handles the case shall, within 24 hours, report the matter for the record to the public security organ which he belongs to.
Article 129: Where those penalized is not satisfied with public security administrative penalty decisions, they may apply for an administrative reconsideration or bring an administrative suit in accordance with law.
Section 3: Enforcement
Article 130: Persons on whom administrative detention penalty decisions are imposed are to be delivered by the public security organ to the jail for enforcement.
Where persons on whom administrative detention penalty decision are imposed are caught in other areas or have other circumstances that require that administrative detention be enforced in another location, on approval of the public security organs in charge of the other area's jail, it may be enforced in that other area.
Article 131: Persons on whom fines are imposed shall pay the fine to a designated bank within 15 days from the date he receives the written penalty decision. However, in any of the following circumstances, the people’s police may collect the fine on the scene:
(1) where the amount of the fine imposed is up to 200 RMB, and the person penalized has no objection to the fine;
(2) Where after the public security organ or the people’s police decide to give a fine in accordance with the provisions of this Law, and it is in an remote area, on water, in a place not easily accessible, on a passenger train, or port; the person being penalized makes such a proposal because it is really difficult for him to pay the fine to the designated bank;
(3) Where it will be difficult to enforce the penalty unless the fine is collected at the scene, because the person penalized has no permanent dwelling place in the area.
Article 132: People’s police who collect fines at the scene shall, within two days from the date they collect the fine, hand the fine over to the public security organ which they belong to; where a fine is collected at the scene on water or aboard a passenger train, they shall, within two days from the date he arrives at a port or railway station, hand the fine over to the public security organ which he belongs to; and the public security organ shall, within two days from the date it receives the fine, hand the fine over to the designated bank.
Article 133: Where people’s police collect a fine at the scene, they shall issue the person being penalized a receipt for the fine which is uniformly printed and issued by the finance department of the people’s government of a province, autonomous region, or directly governed municipality; and where no such voucher is issued, the person penalized has the right to refuse to pay the fine.
Article 134: Where the person being punished does not pay the fine within the period provided in article 131 of this Law, the public security organs that made the administrative punishment decision may employ the following measures:
(1) Add an additional daily fine of 3% the value of the fine, but the total amount of additional fines must not exceed the value of the original fine.
(2) Where the measure in item (1) is employed, but they still refuse to perform, and where the person being punished has savings, remittances, or fixed income; financial institutions or other departments holding them may be told to appropriate them upon the approval of the county-level public security bureau or municipal public security bureau branch.
Public security organs shall inform credit reporting organizations of the person being punished's failure to pay the fines after being remined, and the credit reporting organizations shall enter the information in their credit record.
Article 135: Where those being penalized is dissatisfied with a decision for administrative detention, and apply for administrative reconsiderations or bring administrative lawsuits, they may apply to the public security organs for deferred enforcement of the administrative detention. Where public security organs believe that suspended enforcement of administrative detention will not create a danger to the society, and after the penalized person or his close relatives propose a guarantor who meets the requirements provided for in Article 136 of this Law, or after a guarantee deposit of 200 RMB per day of administrative detention is provided, the administrative detention decision is to have its enforcement suspended.
Article 136: Guarantors shall meet the following requirements:
(1) not implicated in the case ;
(2) enjoying political rights, and their physical liberty not being restricted;
(3) having a regular place of residence and a fixed residence locally; and
(4) having the capacity to perform the obligations of a guarantor.
Article 137: A guarantor shall guarantee that the person guaranteed will not abscond from the enforcement of administrative detention.
Where guarantors fail to perform their obligations, so that the person guaranteed absconds from the enforcement of administrative detention, the public security organs are to detain them up to 5 days or fine them up to 3,000 RMB.
Article 138: Where persons on whom an administrative detention decision is imposed escape from the enforcement of administrative detention after payment of a guarantee deposit and suspension of the administrative detention's enforcement, the guarantee deposit is to be confiscated and handed over to the national treasury, and administrative detention decision is still to be enforced.
Article 139: Where administrative detention decisions are withdrawn, or enforcement of administrative detention begins, the guarantee deposit collected by the public security organ shall be promptly returned to the person who paid it.
Article 140: During the enforcement of administrative detention, where the detainee has any of the following circumstances, they may be released early from detention:
(1) they give information to expose and stop unlawful or criminal conduct, and it is verified;
(2) they were given administrative detention for fighting, destroying other's property, or other such violations of the administration of public security which arose out of a civil dispute, and upon receiving education have rectified their mistakes, reached an agreement of understanding with the victims, and performed upon it;
(3) Others that may allow early release from detention.
Early release from detention is to be suggested by the jail and approved by the principle responsible person for the public security organs that made the decision to detain. For early release from detention, the actual period of enforcement of detention must not be less than 1/2 of the decision's original period.
Chapter V: Supervision of Enforcement
Article 141 : Public security organs and their people’s police shall handle public security cases in accordance with law and in an just, strict and highly efficient manner, and enforce laws with civility; and they must distort the law for private gain.
Article 142: In handling public security cases, public security organs and their people’s police are forbidden to beat, abuse, mistreat or humiliate violators of the administration of public security.
Article 143: In handling public security cases, public security organs and their people’s police shall conscientiously accept supervision from society and citizens.
Where public security organs and people’s police do not strictly enforce laws in handling public security cases or commit acts in violation of laws or discipline, all units or individuals have the right to report or lodge an accusation before a public security organ, the people’s procuratorate or an administrative supervisory organ; and the organ that receives such report or accusation shall promptly handle it in accordance with its duties.
Article 144: When enforcing fines in accordance with law, the public security organ shall, in accordance with the provisions of relevant laws and administrative regulations, separate the decision-making on fines from the collection of fines; and all the fines collected shall be handed over to the national treasury.
Article 145 : Where people's police handling public security cases commit any of the following acts, they are to be given an administrative penalty in accordance with law; and where a crime is constituted, criminal responsibility is pursued in accordance with law:
(1) extortion of confessions by torture, or physically punishing, maltreating or humiliating another person;
(2) exceeding the period of time set for questioning, investigation and screening, thus restricting physical liberty;
(3) failing to carry out the system of separating the decision on fines from the collection of fines or failing to hand the fines collected or the property confiscated over to the State Treasury in accordance with the provisions or failing to dispose of such property in accordance with law;
(4) privately dividing, seizing, misappropriating or intentionally damaging the assets collected or seized;
(5) violating regulations by using or failing to return assets to the victim;
(6) violating provisions, by failing to promptly return guarantee deposits;
(7) exploiting one's position to accept or receive assets from other or to seek other benefits;
(8) failing to produce a receipt for a fine collected at the scene or failing to truthfully fill out the amount of a fine;
(9) failing to dispatch the police to the scene as soon as receiving a request for stopping a violation of the administration of public security;
(10) sending covert messages to those who violate the law or commit crimes, while investigating and handling activities against the administration of public security; or
(11) other acts of twisting the law for personal gain, abuses of power, or failures to perform the legally prescribed duties in accordance with law.
Where in handling public security cases, a public security organ commits any of the acts mentioned in the preceding paragraph, the directly responsible managers and other directly responsible personnel are to be given appropriate administrative penalties.
Article 146:Where public security organs and people’s police unlawfully exercise their functions and powers and infringe upon the legitimate rights and interests of citizens, legal persons or other organizations, they shall make apologies; and where damages are caused, they shall bear the responsibility for compensation in accordance with law.
Chapter VI: Supplementary Provisions
Article 147:Where other laws provide for giving administrative detention, the public security bureaus of count-level people's governments and municipal public security bureau branches are to carry it out in accordance with this Law.
Article 148:"Contraband" as used in this Law refers to drugs, pornographic items, unlawful propoganda, replica guns, and other such items for which possession is prohibited by State provisions.
"Controlled Instruments" as used in these provisions refers to crossbows, controlled blades, electric shock devices, as well as gunpowder-driven nail guns, net launchers, and other such items that the State has provided cause harms to social order and public safety, are a threat to citizens' lawful rights and interests and physical safety, and which need to be subject to special management.
"Public place" [public forum, public venue] as used in this Law, refers to bus and train stops, ports, piers, airports, malls, parks, exhibition halls, streets, and other venues for public activities, as well as online activity sites used by multiple persons in online applications that provide services to the public at large.
"Public transport" [Public transportation vehicles] as used in this Law, refers to vehicles engaged in passenger transportation such as all kinds of buses, large- or medium-sized taxis, trains, metros, light rail, ships, and planes, and does not include small-sized taxis. Large and medium sized vehicles that do not have a commercial operating license, but are actually engaged in passenger transportation, as well as workplace buses, school buses, and other such vehicles, can be designated as "public transport".
Article 149:"At least”, “up to” [between] or “within” as used in this Law include those numbers themselves.
Article 150:This law is to take effect on __/__/__
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[…] by the police alone without court decision. In early 2017, the Chinese government issued new draft amendments to its Public Security Administrative Punishments Law, in which a new provision, article 112, was […]