P.R.C. Law on Administrative Punishments (Draft Revisions)



Table of Contents

Chapter I: General Provisions

Chapter II: Types and Setup of Administrative Punishments

Chapter III: The enforcement of Administrative Punishments

Chapter IV: The Jurisdiction and Management of Administrative Punishments

Chapter V: Administrative Punishment Decisions

Section 1: Ordinary Provisions

Section 2: Simplified Procedures

Section 3: Ordinary Procedures

Section 4: Procedures for Hearings

Chapter VI: Enforcement of Administrative Punishments

Chapter VII: Legal Responsibility

Chapter VIII: Supplementary Provisions

P.R.C. Law on Administrative Punishments (Draft Revisions)

Chapter I: General Provisions

Article 1: This law is drafted on the basis of the Constitution in order to regulate the setup and implementation of administrative punishment, to safeguard and oversee administrative organs' effective implementation of administrative management, to preserve the public interest and social order, and to protect the lawful rights and interests of citizens, legal persons, and other organizations.

Article 2:  行政处罚是指行政机关在行政管理过程中,对违反行政管理秩序的公民、法人或者其他组织,以依法减损权利或者增加义务的方式予以惩戒的行为。

Article 3: This Law applies to the creation and implementation of administrative punishments.

Article 4: Where administrative punishments shall be given for the acts of citizens, legal persons, or other organizations that violate the order of administrative management, they are to be prescribed in accordance with this Law by laws, regulations or rules, and to be implemented by administrative organs in accordance with the procedures prescribed by this Law.

Article 5: Administrative punishments shall follow the principles of fairness and transparency.

The creation and implementation of administrative punishments must be based on facts and be commensurate with the facts, nature, circumstances, and degree of social harm of illegal conduct.

The provisions based on which administrative punishments are given for illegal conduct must be published; if not published, they shall not serve as the basis for administrative punishments.

Article 6: The implementation of administrative punishment and correction of illegal conduct shall persist in combining punishment and education, teaching citizens, legal persons, or other organizations to conscientiously follow the law.

Article 7: Citizens, legal persons, or other organizations have the right to make statements and to contest administrative punishments given by administrative organs; and where they are unsatisfied with administrative punishments, they have the right to apply for an administrative reconsideration or raise administrative litigation in accordance with law.

Where citizens, legal persons, or other organizations are harmed by administrative organs for violations of law, they have the right to submit demands for compensation in accordance with law.

Article 8: Where citizens, legal persons, or other organizations receive administrative punishments for violations and their violations caused harm to others, they shall bear civil liability in accordance with law.

Where the illegal conduct constitutes a crime, criminal responsibility shall be pursued in accordance with law; administrative punishments shall not be substituted for criminal penalties.


Chapter II: Types and Setup of Administrative Punishments

Article 9: Administrative punishments include the following types:

(1) warnings or circulation of a notice of criticism;

(2) fines, confiscation of illegal proceeds, or confiscation of illegal property;



(5) administrative detention;

(6) other administrative punishments provided for by laws or administrative regulations.

Article 10: Laws may provide for all types of administrative punishments. Only laws may create administrative punishments that restrict physical liberty.

Article 11: Administrative regulations may create administrative punishments other than those which restrict physical liberty.

Where laws have already made provisions on administrative punishments for illegal conduct, and administrative regulations need to provide for specific provisions, they must be made within the scope of the conduct subject to administrative punishments and the types and ranges of such punishments as prescribed by the laws.

Article 12: Administrative punishments other than those restricting physical liberty or canceling business licenses may be established by local regulations. Where laws and administrative regulations already have provisions on administrative punishments for violations of law and local regulations need to make specific provisions, the provisions must be within the scope of conduct, categories, and degree for administrative punishment as provided for by laws and administrative regulations.

地方性法规为实施法律、行政法规,对法律、行政法规未规定的违法行为可以补充设定行政处罚。 地方性法规拟补充设定行政处罚的,应当通过听证会、论证会等形式听取意见,并向制定机关作出说明。

Article 13: State Council departmental rules may make specific provisions within the scope of conduct, categories, and degree for administrative punishment as provided for by laws and administrative regulations.

尚未制定法律、行政法规的,国务院部门规章对违反行政管理秩序的行为,可以设定警告或者一定数量罚款的行政处罚。 The amounts of fines are to be prescribed by the State Council.

Article 14: Local government rules may make specific provisions within the scope of conduct, categories, and degree for administrative punishment as provided for by laws and regulations.

尚未制定法律、法规的,地方政府规章对违反行政管理秩序的行为,可以设定警告或者一定数量罚款的行政处罚。 The amounts of fines are to be determined by the standing committees of the people’s congresses of the provinces, autonomous regions and direct-administration municipalities.

Article 15: Except as provided for in articles 10, 11, 12, 13, and 14 of this Law, other normative documents shall not create administrative punishments.


Chapter III: The enforcement of Administrative Punishments

Article 16: Administrative organs with administrative punishment authority are to carry out administrative punishments within the scope of their authority.

Article 17:  国家在城市管理、市场监管、生态环境、文化市场、交通运输、农业等领域实行综合行政执法,相对集中行政处罚权,由一个行政机关统一实施相关领域的行政处罚。

The State Council or the people's governments of provinces, autonomous regions, and directly-governed municipalities may decide to have a single administrative agency exercise administrative punishment authority of relevant administrative organs.


Article 18: Organizations that are authorized by laws or regulations to have public affairs management functions may carry out punishments within the scope of their legally-prescribed authorization.

Article 19:  行政机关依照法律、法规或者规章的规定,可以在其法定权限内委托符合本法Article 20: 规定条件的组织实施行政处罚。 Administrative organs must not entrust other organizations or individuals to carry out administrative punishments. 委托行政机关和受委托组织应当向社会公开委托实施的行政处罚事项和依据。



Article 20: The entrusted organizations must meet the following conditions:





Chapter IV: The Jurisdiction and Management of Administrative Punishments

Article 21: Administrative punishments are within the jurisdiction of the administrative organ where the violation occurred. 法律、行政法规、部门规章另有规定的除外。

Article 22: Administrative penalties shall be under the jurisdiction of administrative organs with the administrative punishment authority for local people's governments at the county level or above. Except as otherwise specified by laws and administrative regulations.


Article 23:  两个以上行政机关都有管辖权,由最先发现的行政机关管辖。 对管辖发生争议的,应当协商解决,协商不成的,报请共同的上一级行政机关指定管辖;也可以由共同的上一级行政机关直接指定管辖。

Article 24: Administrative organs may request assistance from relevant organs as needed to implement administrative penalties. 协助事项属于被请求机关职权范围内的,应当予以协助。

Article 25:  违法行为涉嫌犯罪的,行政机关必须及时将案件移送司法机关,依法追究刑事责任。

Article 26:  行政机关实施行政处罚时,应当责令当事人改正或者限期改正违法行为;有违法所得的,应当予以没收。

Article 27: Parties must not be fined twice or more for the same illegal conduct.

Article 28:  不满十四周岁的人有违法行为的,不予行政处罚,责令监护人加以管教;已满十四周岁不满十八周岁的人有违法行为的,从轻或者减轻行政处罚。

Article 29:  精神病人在不能辨认或者不能控制自己行为时有违法行为的,不予行政处罚,但应当责令其监护人严加看管和治疗。 Mentally ill persons with intermittent symptoms who exhibit unlawful conduct while psychologically normal shall be given administrative punishments.

Article 30:  当事人有下列情形之一的,应当从轻或者减轻处罚:

(1) They actively eliminate or reduce the harmful consequences of violations;

(2) They were compelled or enticed by others to commit violations;

(3) They actively confess unlawful conduct that the administrative organs did not know of;

(4) They cooperate with administrative organs and make a major meritorious contribution to investigating unlawful conduct;


Where the illegal conduct was minor and promptly corrected, and there were no harmful consequences caused, administrative punishment is not given.

当事人有证据证明没有主观过错的,不予行政处罚。 法律、行政法规有特别规定的,依照其规定。

Article 31: Administrative organs may draft norms for discretion in administrative punishment in accordance with law, and regulate the exercise of discretionary authoritative in administrative punishment.

Article 32: Where the violations constitute a crime and the people's courts give a penalty of short-term detention or a prison term, and the administrative organs have already administratively detained the parties, the punishment periods shall be reduced accordingly.


Article 33:  违法行为在二年内未被有权机关发现的,不再给予行政处罚。 对涉及公民生命健康安全的违法行为,在五年内未被有权机关发现的,不再给予行政处罚。 Except as otherwise provided for by law.

The period of time specified in the preceding paragraph shall be counted from the date the violation occurs; and where the violations are continuing or sustained, the time period is counted from the date the violations end.

Article 34:  行政处罚的依据适用违法行为发生时的法律、法规和规章的规定。 但是,作出行政处罚决定时,法律、法规和规章已被修改或者废止,且新的法律、法规和规章的规定更有利于当事人的,适用新的法律、法规和规章的规定。

Article 35:  行政处罚没有法定依据或者实施主体不具有行政主体资格的,行政处罚无效。



Chapter V: Administrative Punishment Decisions

Section 1: Ordinary Provisions

Article 36: Information on administrative punishments such as the implementing organs, the basis for case filing, the implementation procedures, and channels for remedies, shall be publicly announced.

Article 37: Where citizens, legal persons, or other organizations act contrary to the order of administrative management and shall be given administrative punishments in accordance with law, the administrative organs must ascertain the facts; and where the facts are not clear or the evidence is insufficient, administrative punishments must not be given.

Article 38:  行政机关依照法律、行政法规规定利用电子技术监控设备收集、固定违法事实的,应当经过法制和技术审核,确保电子技术监控设备设置合理、标准合格、标志明显,设置地点应当向社会公布。

电子技术监控设备记录违法事实应当清晰、准确。 行政机关应当对记录内容进行审核,未经审核的,不得作为证据。


Article 39: 行政机关实施行政处罚,应当由具有执法资格的执法人员承担。

Article 40: Where law enforcement personnel have a direct interest in the case or have other relationships that may affect the fairness of the law enforcement, they shall be recused.

Where the parties feel that law enforcement personnel have a direct interest in the case or have other relationships that may affect the fairness of law enforcement, they have the right to apply for recusal.


Article 41: Before administrative organs make an administrative punishment decision they shall inform the parties of the content, facts, reasoning, and basis of the proposed administrative punishment and notify the parties that they enjoy rights in accordance with law such as to make statements and defenses or request a hearing.

Article 42: The parties have the right to make statements and defenses. The administrative organs must fully hear the parties, opinions and shall review the facts, reasoning, and evidence they put forth; and where the facts, reasoning, and evidence put forth by the parties' is sustained, the administrative organs shall accept them.


Article 43: Evidence includes:

(1) documentary evidence;

(2) physical evidence;

(3) audio-visual materials;

(4) electronic data;

(5) witness testimony;

(6) the statements of the parties;

(7) evaluation opinions;

(8) Inquest records, and on-scene records.

The veracity of evidence must be confirmed before it can be the basis for determining case facts.

Evidence acquired by illegal means must not serve as the basis for determining the case facts.

Article 44:Administrative organs shall make a text or audio and video record of the entire process of administrative punishment in accordance with law, including initiation, investigation, collection of evidence, review, decision, service, and enforcement, and shall archive and store the records.

Article 45: 行政处罚决定应当依法公开。


Article 46: 发生重大传染病疫情等突发事件,为了控制、减轻和消除突发事件引起的社会危害,行政机关对违反突发事件应对措施的行为,依法从重处罚,并可以简化程序。


Section 2: Simplified Procedures

Article 47:Where the facts of a violation are conclusive and there is a legal basis, and administrative punishments of fines of up to 200 RMB for citizens or up to 3,000 RMB for legal persons or other organizations, or warnings are given, the administrative punishment decision may be made at the scene. 其他法律另有规定的,从其规定。 当事人应当依照本法第六十二条、第六十三条、第六十四条的规定履行行政处罚决定。

Article 48: 执法人员当场作出行政处罚决定的,应当向当事人出示执法证件,填写预定格式、编有号码的行政处罚决定书。 行政处罚决定书应当当场交付当事人。 Where parties refuse to sign and accept it, this shall be indicated on the administrative punishment decision document.



Article 49:  当事人对当场作出的行政处罚决定不服的,可以依法申请行政复议或者提起行政诉讼。


Section 3: Ordinary Procedures

Article 50: 除本法第四十七条规定的可以当场作出的行政处罚外,行政机关发现公民、法人或者其他组织有依法应当给予行政处罚的行为的,必须全面、客观、公正地调查,收集有关证据;必要时,依照法律、法规的规定,可以进行检查。


Article 51: 行政机关在调查或者进行检查时,除法律另有规定外,执法人员不得少于两人,并应当向当事人或者有关人员出示执法证件。 Parties and other relevant persons have the right to request that law enforcement personnel present their law enforcement identification. Where law enforcement personnel do not present their law enforcement identification, the parties or other relevant persons have the right to refuse to accept the investigation or inspections.

Parties and relevant persons shall respond truthfully to questions and assist in investigations or inspections, they must not refuse or obstruct. Notes shall be kept of questioning or inspections.

Article 52:When administrative organs collect evidence, they may employ spot checks as a method; in situations where evidence might be destroyed or be difficult to collect later, it may be registered and stored in advance with the permission of the responsible person for the administrative organ, and a decision on its disposition shall be made within seven days, during which time the parties and relevant persons must not damage or move the evidence.

Article 53: 行政机关对调查、检查中知悉的国家秘密、商业秘密或者个人隐私,应当依法予以保密。

Article 54:At the conclusion of the investigation, the responsible person for the administrative organ shall conduct a review of the investigation outcome, and make a decision as follows based on the differing circumstances:

(1) Where there is truly unlawful conduct for which administrative punishments shall be imposed in accordance with law, an administrative punishment decision is to be made in light of the seriousness and specific circumstances;

(2) Where the violation is more minor, and the law allows that an administrative punishment might not be imposed; do not impose an administrative punishment.


(4) Where the unlawful conduct is a suspected crime, transfer to the judicial organs.

对情节复杂或者重大违法行为给予较重的行政处罚,行政机关的负责人应当集体讨论决定。 有下列情形之一,在行政机关负责人作出决定之前,应当由从事行政处罚决定法制审核的人员进行法制审核,未经法制审核或者审核未通过的,不得作出决定:

(1) It involves major public interests;

(2) It is directly connected to major rights and interests of parties or third parties, and following hearing procedures;

(3) The circumstances of the case are challenging and complicated, and involve many legal relationships;

(4) Other circumstances where laws or regulations provide that a legal review shall be conducted.


Article 55: 行政机关依照本法第五十四条的规定给予行政处罚,应当制作行政处罚决定书。 The administrative punishment decision documents shall indicate the following matters:

(1) The full name or business name, and address of the parties;

(2) Facts and evidence on the violation of laws, regulation, or rules.

(3) The type and basis of administrative punishment;

(4) The methods and time for enforcing the administrative punishment;

(5) The paths and time limits for applying for administrative reconsideration or filing an administrative lawsuit if dissatisfied with an administrative punishment decision;

(6) The name of the administrative organ making the administrative punishment decision, and the date the decision was made.

The administrative punishment decision document must bear the seal of the administrative organ that made the administrative punishment decision.

Article 56: 行政处罚决定书应当在宣告后当场交付当事人;当事人不在场的,行政机关应当在七日内依照民事诉讼法的有关规定,将行政处罚决定书送达当事人。

Article 57: 行政机关及其执法人员在作出行政处罚决定之前,未依照本法第四十一条、Article 42: 的规定向当事人告知拟作出的行政处罚内容及事实、理由、依据,或者拒绝听取当事人的陈述、申辩,不得作出行政处罚决定;当事人明确放弃陈述或者申辩权利的除外。


Section 4: Procedures for Hearings

Article 58: 行政机关拟作出下列行政处罚决定之前,应当告知当事人有要求举行听证的权利,当事人要求听证的,行政机关应当组织听证:

(1) fines of larger amounts;

(2) Confiscation of larger values of unlawful gains, or confiscation of high-value illegal assets;




The parties are not to bear the costs of hearings organized by the administrative organs.

Article 59:Hearings shall be organized according to the following procedures:

(1) Where parties request a hearing, they shall submit it five days after the administrative organ's announcement;

(2) Seven days before the hearing shall be held, the administrative organ is to notify the parties and relevant persons of the time and location of the hearing;

(3) Hearings shall be held publicly except where they involve state secrets, commercial secrets, or personal privacy that is to be kept secret in accordance with law;

(4) The hearing is to be presided over by persons designated by the administrative organ who are not investigators in the case; where the parties find that those presiding have direct interests in the case, they have the right to apply for a recusal;

(5) Parties may participate in the hearing themselves and may also retain one or two representatives;


(7) When holding the hearing, investigators are to submit the facts, evidence, and a recommendation for administrative punishment, and the parties are to conduct a defense and debate evidence;

(8) A record shall be made of the hearing. After the record has been given to the parties or their representatives and verified as being accurate, it shall be signed or have a seal affixed. Where parties or their representatives refuse to sign or affix their seal, those presiding over the hearing are to note this in the record.

Article 60: 听证结束后,行政机关应当结合听证笔录,依照本法第五十四条的规定,作出决定。


Chapter VI: Enforcement of Administrative Punishments

Article 61: 行政处罚决定依法作出后,当事人应当在行政处罚决定的期限内,予以履行。 Where parties have economic hardship and need to extend the period or pay the fine in installments, then upon application to and with the approval of the administrative organs, payment may be suspended or made in installments.

Article 62:The administrative organ that makes the decision to fine shall be separate from the organ that collects the fines.


当事人应当自收到行政处罚决定书之日起十五日内,向指定的银行缴纳罚款。 The bank shall accept the fine and send it directly to the treasury.

Article 63: 依照本法第四十七条的规定当场作出行政处罚决定,有下列情形之一的,执法人员可以当场收缴罚款:


(2) Not collecting at the scene would make later enforcement difficult.

Article 64: 在边远、水上、交通不便地区,行政机关及其执法人员依照本法第四十七条、Article 54:的规定作出罚款决定后,当事人向指定的银行缴纳罚款确有困难,经当事人提出,行政机关及其执法人员可以当场收缴罚款。

Article 65:  行政机关及其执法人员当场收缴罚款的,必须向当事人出具国务院或者省、自治区、直辖市人民政府财政部门统一制发的专用票据;不出具财政部门统一制发的专用票据的,当事人有权拒绝缴纳罚款。

Article 66:Law enforcement personnel collecting fines on-site shall give them to the administrative organ within 2 days of their collection; where fines are collected on-site at sea, they shall be given to the administrative organs within 2 days of reaching land; and the administrative organs shall put the fines in the designated bank within 2 days.

Article 67:Where parties but do not perform on administrative punishment decisions in the time required; the administrative organ that made the administrative punishment decision may employ the following measures:


(2) Based on provisions of law, auction off lawfully dispose of property that has been sealed or seized, or transfer frozen funds and remittances to offset the fines;

(3) Based on provisions of law, employ other administrative compulsory enforcement methods.


Where administrative organs approve extensions or payment in installments, the period for applying to the people's court to compel enforcement is to be calculated from the date of the suspension or the end of the period for paying the fines in installments.

Article 68: 当事人对行政处罚决定不服申请行政复议或者提起行政诉讼的,行政处罚不停止执行,法律另有规定的除外。

Where parties request an administrative reconsideration or initiate administrative litigation, additional fines shall not be calculated for the period of the administrative reconsideration or administrative litigation.

Article 69:Except for items that should be destroyed in accordance with law, illegal property that has been confiscated in accordance with law must be publicly auctioned or disposed of in accordance with relevant state provisions.


罚款、没收违法所得或者没收非法财物拍卖的款项,不得同作出行政处罚决定的行政机关及其工作人员的考核、考评直接或者变相挂钩。 财政部门不得以任何形式向作出行政处罚决定的行政机关返还罚款、没收的违法所得或者返还没收非法财物的拍卖款项。

Article 70:Administrative organs shall establish and complete systems for the oversight of administrative punishments. People's governments at the county level and above shall regularly organize and carry out reviews and evaluations of administrative law enforcement, strengthening oversight and inspections of administrative punishments, to regulate and ensure the implementation of administrative punishments.



Chapter VII: Legal Responsibility

Article 71: 行政机关实施行政处罚,有下列情形之一的,由上级行政机关或者有关部门责令改正,可以对直接负责的主管人员和其他直接责任人员依法给予处分:

(1) There is no legally-prescribed basis for the administrative punishment;

(2) Changed the type or scope of administrative punishment without authorization;

(3) violated the legally-prescribed procedures for administrative punishments;


(5) Law enforcement personnel did not obtain law enforcement identification.

Article 72: 行政机关对当事人进行处罚不使用罚款、没收财物单据或者使用非法定部门制发的罚款、没收财物单据的,当事人有权拒绝处罚,并有权予以检举。 上级行政机关或者有关部门对使用的非法单据予以收缴销毁,对直接负责的主管人员和其他直接责任人员依法给予处分。

第七十三条 行政机关违反本法第六十二条的规定自行收缴罚款的,财政部门违反本法Article 69:的规定向行政机关返还罚款或者拍卖款项的,由上级行政机关或者有关部门责令改正,对直接负责的主管人员和其他直接责任人员依法给予处分。

Article 74: 行政机关将罚款、没收的违法所得或者财物截留、私分或者变相私分的,由财政部门或者有关部门予以追缴,对直接负责的主管人员和其他直接责任人员依法给予处分;情节严重构成犯罪的,依法追究刑事责任。


Article 75: 行政机关使用或者损毁扣押的财物,对当事人造成损失的,应当依法予以赔偿,对直接负责的主管人员和其他直接责任人员依法给予处分。

Article 76: 行政机关违法实行检查措施或者执行措施,给公民人身或者财产造成损害、给法人或者其他组织造成损失的,应当依法予以赔偿,对直接负责的主管人员和其他直接责任人员依法给予处分;情节严重构成犯罪的,依法追究刑事责任。

Article 77: 行政机关为牟取本单位私利,对应当依法移交司法机关追究刑事责任的不移交,以行政处罚代替刑罚,由上级行政机关或者有关部门责令纠正;拒不纠正的,对直接负责的主管人员给予处分;徇私舞弊、包庇纵容违法行为的,依照刑法有关规定追究刑事责任。

Article 78: 执法人员玩忽职守,对应当予以制止和处罚的违法行为不予制止、处罚,致使公民、法人或者其他组织的合法权益、公共利益和社会秩序遭受损害的,对直接负责的主管人员和其他直接责任人员依法给予处分;情节严重构成犯罪的,依法追究刑事责任。


Chapter VIII: Supplementary Provisions

Article 79:Except as otherwise provided, this law applies where foreigners, stateless persons, or foreign organizations exhibit unlawful conduct within the territory of the P.R.C. and shall be given administrative punishments.

Article 80:The provisions of "two days", "three days", "five days" and "seven days" in this law refer to working days, excluding legal holidays.

Article 81:This Law takes effect on xx-xx-xxxx.


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