Administrative Punishments Law of the PRC (2021 edition)

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Promulgation Date: 2021-1-22
Title: 中华人民共和国行政处罚法
Document Number:
Expiration date: 
Promulgating Entities:Standing Committee of the National People's Congress
Source of text: http://m.xinhuanet.com/2021-01/23/c_1127015256.htm

 

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 Liability

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: "Administrative punishment" refers to the actions by administrative organs in accordance with law taken against citizens, legal persons, or other organizations that violate the order of administrative management, to penalize them by methods such as reducing their rights or increasing their obligations.

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

Article 4: Where the conduct of citizens, legal persons, or other organizations in violation of the order of administrative management shall be given administrative punishment, it is to be provided for by laws, regulations, or rules in accordance with this Law, and implemented by the administrative organs in accordance with the procedures provided for in 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 conduct in violation of law 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;

(3) Temporary seizure of permits, reduction of qualification levels, cancellation of permits;

(4) Restricting their carrying out production and business activities, ordering those operations be stopped, ordering closure, limiting practice in a field;

(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.

Where the law does not have provisions on administrative punishments for a violation, administrative regulations may set up supplemental administrative punishments. Where supplemental administrative punishments are proposed, comments shall be heard widely through means such as hearings or debate, and a written explanation is to be made to the drafting organs. Where administrative regulations are sent for filing, an explanation shall be made of any supplemental administrative punishments that have been set up.

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.

Where laws and administrative regulations do not have provisions on administrative punishments for violations of law, local regulations may make set up supplemental administrative punishments to implement the laws or administrative regulations. Where supplemental administrative punishments are proposed, comments shall be heard widely through means such as hearings or debate, and a written explanation is to be made to the drafting organs. When local regulations are sent for filing, an explanation shall be made of any supplemental administrative punishments that have been set up.

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.

Where there are not yet laws or administrative regulations, State Council departmental regulations may establish administrative punishments of warnings, circulating criticism, or fines of a specified amount for violations of administrative management order. 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.

Where there are not yet laws or regulations, local government rules may establish administrative punishments of warnings, circulating criticism, or fines of a specified amount for violations of administrative management order. 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: State Council departments, the people's governments of provinces, autonomous regions, and directly governed municipalities, and their relevant departments shall regularly organize assessments of the implementation and need for administrative punishments, and shall promptly submit recommendations on the revision or revocation of administrative punishments, punishment types, of fine values that are not appropriate.

Article 16: Administrative punishments must not be set up by other normative documents other than laws, regulations, and rules.

Chapter III: The enforcement of Administrative Punishments

Article 17: Administrative organs with administrative punishment authority are to carry out administrative punishments within the scope of their authority.

Article 18: The state is to establish comprehensive law administrative enforcement systems in fields such as urban management, market regulation, ecology and environment, cultural markets, transportation, emergency response management, and agriculture, and relatively concentrate authority for administrative punishments.

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.

The authority for administrative punishments that restrict physical liberty can only be exercised by public security organs and other organs designated by law.

Article 19: 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 20: In accordance with laws, regulations, and rules, administrative organs may entrust organizations that meet the requirements of article 21 of this Law in writing to carry out administrative punishment within the scope of their legally-prescribed authority. Administrative organs must not entrust other organizations or individuals to carry out administrative punishments.

The retention documents shall indicate content such as the specific matters, authority, and time limits. The administrative organs and the organizations they authorize shall release the retention documents to the public.

The administrative organs shall be responsible for overseeing the conduct of the entrusted organization carrying out the administrative punishments, and bear legal responsibility for the consequences of that conduct.

Within the scope of the retention, the entrusted organization is to carry out administrative punishments in the name of the administrative organ; and other organizations or individuals must not be further entrusted to carry out the administrative punishments.

Article 21: The entrusted organizations must meet the following conditions:

(1) Be lawfully established and have public affairs management functions;

(2) Have staff that are familiar with laws, regulations, rules, and operations, and have also obtained administrative law enforcement credentials;

(3) Where it is necessary to carry out technical inspections or technical evaluations, they shall have the capacity to organize and conduct the relevant technical inspections or evaluations.

Chapter IV: The Jurisdiction and Management of Administrative Punishments

Article 22: Administrative punishments are within the jurisdiction of the administrative organ where the violation occurred. Where laws, administrative regulations, and departmental rules provide otherwise, follow those provisions.

Article 23: 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. Where laws and administrative regulations provide otherwise, those provisions control.

Article 24: Based on local conditions, provinces, autonomous regions, and directly governed municipalities may decide to allow urgently-needed county-level people's government authority for administrative punishments to the basic-level management of township people's governments or neighborhood offices that can effectively exercise it, and organize regular evaluations. The decision should be publicly released.

The township people's government or neighborhood offices that accept administrative punishment authority shall strengthen the construction of law enforcement capacity and carry out administrative punishments in accordance with the designated scope and legally-prescribed procedures.

Relevant local people's governments and their departments shall strengthen the organization and coordination, operational guidance, and law enforcement oversight, and shall establish and complete mechanisms for coordination and cooperation in administrative punishments, and improve systems for review and assessment.

Article 25: Where two or more administrative organs have jurisdiction, the first administrative agency to file a case has jurisdiction.

Where there is a dispute over jurisdiction, it shall be resolved through consultation, where negotiations are unsuccessful, it is to be reported to the common organ at the level above for a designation of jurisdiction; the common organ at the level above may also directly designate jurisdiction.

Article 26: Administrative organs may request assistance from relevant organs as needed to implement administrative penalties. Where the matters for assistance are within the scope of the requested organ's authority, it shall provide assistance in accordance with law.

Article 27: Where the illegal conduct is a suspected crime, the administrative organs shall promptly transfer the case to the judicial organs, to be pursued for criminal responsibility. Where it is not necessary to pursue criminal responsibility or criminal punishment is waived, but an administrative punishment is to be given, the judicial organs shall promptly transfer the case to the administrative organs.

The organs carrying out administrative punishments shall strengthen coordination and cooperation with judicial organs, establishing and completing case transfer systems, strengthening links for the transfer and acceptance of evidence materials, and improving mechanisms for circulating information on case handling.

Article 28: When administrative organs carry out administrative penalties, they shall order the parties to make corrections or correct the illegal conduct within a set period of time.

Where the parties have unlawful gains, they shall be confiscated except where they shall be recovered in accordance with law. Illegal income refers to funds obtained from carrying out illegal acts. Where laws, administrative regulations, or departmental rules have other provisions on the computation of lawful gains, follow those provisions.

Article 29: Parties must not be fined twice or more for the same illegal conduct. Where the same conduct violates multiple laws or regulations that should be given fines, punishment is to be given in accordance with the highest fine.

Article 30: Administrative punishments are not given for violations by minors who are not yet 14 years old, but their guardians are to be ordered to increase discipline; where violations are by minors between 14 and 18 years old, administrative punishments shall be mitigated or commuted.

Article 31: Mentally ill persons and persons with intellectual disabilities who exhibit unlawful activity when they are unable to recognize or control their own conduct are not given administrative punishments, but their guardians shall be ordered to diligently supervise and care for them. Mentally ill persons with intermittent symptoms who exhibit unlawful conduct while psychologically normal shall be given administrative punishments. Mentally ill persons and persons with intellectual disabilities that have not fully lost the capacity to recognize or control their actions who exhibit unlawful conduct may have the administrative punishment mitigated or commuted.

Article 32: Where parties have any of the following circumstances, administrative punishments shall be mitigated or commuted:

(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;

(5) Other circumstances where laws, regulations, or rules provide for mitigation or communication of administrative punishments.

Article 33: Where the violation is minor and promptly corrected, and it did not cause harmful consequences, administrative punishments are not to be given. Where it is a first violation and the harmful consequences are minor and promptly corrected, it is allowed to not give administrative punishments.

Where parties have evidence sufficient to prove they had no subjective fault, administrative punishments are not to be imposed. Where laws and administrative regulations provide otherwise, those provisions control.

Where administrative punishments are not being given for parties' violations in accordance with law, the administrative organs shall conduct education for the parties.

Article 34: Administrative organs may draft norms for discretion in administrative punishment in accordance with law, and regulate the exercise of discretionary authoritative in administrative punishment. The norms for discretion in administrative punishment shall be announced to the public.

Article 35: 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.

When violations constitute a crime and the people's courts give a fine, but the administrative organs have already fined the parties, the fines shall be reduced accordingly; where the administrative organs have not yet given a fine, they are not to give further fines.

Article 36: Where violations have not been discovered within two years, administrative punishment is no longer to be given; but this period is extended to five years where the violations involve citizens' health and safety or financial security, and have harmful consequences. 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 37: In administrative punishment, the laws, regulations, and rules in effect at the time of the violation are to be applied. However, when laws, regulations, and rules, have already been revised when an administrative punishment decision is made, and the new provisions provide for lighter punishment or do not find a violation, apply the new provisions.

Article 38: Where administrative punishments do not have a basis or the implementing entity does not have standing as an administrative entity, the administrative punishments are invalid.

Where violations of the legally-prescribed procedures were substantial and clearly illegal, the administrative punishments are invalid.

Chapter V: Administrative Punishment Decisions

Section 1: Ordinary Provisions

Article 39: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 40: 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 41: Where administrative organs use electronic technical surveillance equipment to collect and solidify the facts of a violation in accordance with laws and administrative regulations, they shall go through legal and technical reviews to confirm that the electronic technical surveillance equipment meets standards, was reasonably set up, that notices were evidence, and that the location was announced to the public.

The facts of the violation recorded by electronic technical surveillance equipment shall be true, clear, complete, and accurate. Administrative organs shall review whether the content of the records meets requirements, and where there was no review or they are found to not meet requirements, the must not be the basis for administrative punishments.

Administrative organs shall promptly inform parties of the facts of the violation and adopt information technology means or other methods to facilitate parties making inquiries, statements, or defenses. The parties' rights to make statements or defenses must not be restricted or indirectly restricted.

Article 42: Administrative punishments shall be carried out by law enforcement personnel that possess administrative law enforcement credentials. There must not be fewer than two persons in enforcing the law, except as otherwise provided by law.

Law enforcement personnel shall enforce the law civilly, respecting and protecting the parties' lawful rights and interests.

Article 43: 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.

Where parties submit an application for recusal, the administrative organs shall review it in accordance with law, and the responsible person for the administrative organs are to make a decision. The investigation is not to be stopped prior to the decision being made.

Article 44: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 45: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.

The administrative organs must not impose heavier punishments due to the parties’ statements or defenses.

Article 46:Evidence includes:

(1) documentary evidence;

(2) physical evidence;

(3) audio-visual materials;

(4) electronic data;

(5) witness testimony;

(6) the statements of the parties;

(7) 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 47: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 48:Administrative punishments that have a definite social impact shall be disclosed in accordance with law.

Where administrative punishment decisions that have been disclosed are modified, revoked, found illegal, or found invalid, the administrative organs shall withdraw the information on the administrative punishment decision within 3 days and public explain the reasons.

Article 49: Where major infectious disease epidemics or other emergency incidents occur, administrative organs are to quickly and severely address conduct violating emergency response measures in accordance with law, so as to control, reduce, and eliminate the harm to society caused by the emergency incident.

Article 50:Administrative organs and their staffs shall lawfully preserve the confidentiality of state secrets, commercial secrets, or personal private information that they obtain in the course of carrying out administrative punishments.

Section 2: Simplified Procedures

Article 51: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. Where the law provides otherwise, follow those provisions.

Article 52:Where law enforcement personnel make administrative punishment decisions on-site, they shall present their law enforcement identification to the parties, complete a preformatted and numbered administrative punishment document, and give it to the party at the scene. Where parties refuse to sign and accept it, this shall be indicated on the administrative punishment decision document.

The administrative punishment decision document provided for in the preceding paragraph shall indicate the party's violations, the type, basis, amount of fines, time, and place of the administrative punishment; the channels and time limits for applying for administrative reconsideration or initiating administrative litigation, and the name of the administrative organ; and is to be signed or have a seal affixed by the law enforcement personnel.

Where law enforcement personnel make an administrative punishment decision at the scene, they shall report it to the administrative organ to which they belong for filing.

Article 53:Parties shall perform on administrative punishment decisions that are made at the scene in accordance with articles 67 and 69 of this Law.

Section 3: Ordinary Procedures

Article 54:Except where article 51 of this Law provides that administrative punishment may be given on-site, where administrative organs discover that citizens, legal persons, or other organizations have conduct that shall be given administrative punishments in accordance with law, they must fully, objectively, and justly investigate and collect relevant evidence; and when necessary may conduct inspections in accordance with laws and regulations.

Where the standards for case filing are met, the administrative organs shall promptly file the case.

Article 55:When law enforcement personnel investigate or conduct inspections, they shall proactively present their law enforcement identification to the parties or other relevant persons. 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 56: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 57: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.

(3) Where a violation cannot be established, administrative punishment is not given;

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

The responsible person of the administrative organ shall collectively discuss and decide upon the imposition of administrative penalties for complicated circumstances or major illegal acts.

Article 58:In any of the following circumstances, before the responsible person for an administrative organ makes an administrative punishment decision, a legal review shall be conducted by the personnel who conduct such reviews of administrative punishment decisions; and where a review was not conducted or the review was not passed, the decision must not be made:

(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.

Personnel of administrative organs who are taking on a legal review of an administrative punishment decision for the first time shall obtain legal professional credentials through the National Unified Legal Professional's Qualification Exam.

Article 59:Administrative organs giving administrative punishments in accordance with article 57 of this Law shall draft an administrative punishment decision document. The administrative punishment decision documents shall indicate the following matters:

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

(2) The facts and evidence on the violation of laws, regulations, and rules;

(3) The type and basis of administrative punishment;

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

(5) The channels and time limits for applying for administrative reconsideration or for initiating administrative litigation;

(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 60:The administrative organs shall make a decision on administrative punishments within 90 days of filing an administrative punishment case. Where laws, regulations, and or rules provide differently, follow those provisions.

Article 61:The administrative punishment decision shall be handed over to the party at the scene after its announcement; where the party is not at the scene, the administrative organs shall follow the relevant provisions of the Civil Procedure Law of the PRC to serve the administrative punishment document on the party within seven days.

Where the party agrees to sign a confirmation, the administrative organ may use methods such as fax or email to serve the administrative punishment decision document on the party.

Article 62:Where administrative organs and their law enforcement personnel fail to inform the parties of the facts, reasons, and basis for administrative punishments as provided by article 44 and 45 of this law, or they refuse to hear the statements and defenses of the parties before making an administrative punishment decision they must not make the administrative punishment decision; except where the parties have clearly waived their rights to make statements or defenses.

Section 4: Procedures for Hearings

Article 63:Where administrative organs plan to make the following administrative punishment decisions, they shall notify the parties of their right to request a hearing, and where the parties do request a hearing, the administrative organs shall organize the hearing:

(1) fines of larger amounts;

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

(3) Reduction of qualification levels or cancellation of permits;

(4) Orders that operations be stopped, ordering closures, or restricting practice;

(5) Other heavier administrative punishments;

(6) Other situations as provided for by laws, regulations, or rules.

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

Article 64: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;

(6) Where the parties and their representatives refuse to attend the hearing without legitimate reasons or leave the hearing without permission, it will be viewed as waiver of the right to a hearing, and the administrative organs shall conclude the hearing;

(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 65: After the hearing concludes, the administrative organs shall make a decision in accordance with article 57 of this Law based on the record of the hearing.

Chapter VI: Enforcement of Administrative Punishments

Article 66:After administrative punishment decisions have been made in accordance with law, the parties shall perform on it during the period indicated in the administrative punishment decision documents.

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

Except where fines shall be collected at the scene in accordance with article 68 and 69 of this Law, the administrative organ that made the decision to give a fine and its law enforcement personnel must not collect fines themselves.

Parties shall pay fines to the designated bank or through electronic payment systems within 15 days of receiving the administrative punishment decision. The bank shall accept the fine and send it directly to the treasury.

Article 68:In any of the following situations where an administrative punishment decision is made on-site in accordance with article 51 of this Law, law enforcement personnel may collect the fines at the scene.

(1) A fine of 100 RMB or less is given;

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

Article 69:In regions that are remote, at sea, or where transportation is inconvenient, where after administrative organs and their law enforcement personnel make a decision to give a fine, the parties truly have difficulty paying the fine at the designated bank or through electronic payment systems, the administrative organs and their law enforcement personnel may accept payment on-site when it is proposed by the party.

Article 70:Where administrative organs and their law enforcement personnel collect fines on-site, they must issue the parties with a uniform special receipt ticket form the State Department finance departments, or from a provincial, autonomous region, or directly governed municipality people's government; and where a uniform receipt ticket is not issued, the party has the right to refuse to make payment.

Article 71: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 72: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:

(1) Where the fine is not paid when it is due, an additional fine of 3% of the fine is to be imposed daily, but the amount of the additional fine must not exceed the amount of the fine;

(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.

(4) Apply for the people's courts to compel performance in accordance with the "PRC Law on Administrative Compulsion".

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 73:Where parties are dissatisfied with an administrative punishment decision, and apply for administrative reconsideration or file an administrative lawsuit, enforcement of the administrative punishment does not stop, except as otherwise provided by law.

Where parties are dissatisfied with administrative punishment decisions that restrict their physical liberty and apply for an administrative reconsideration or initiate administrative litigation, they may submit an application to suspend enforcement to the organ that made the decision. Where the situations provided by law are met, enforcement shall be suspended.

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 74: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.

Fines, confiscated unlawful gains, and the proceeds from auctions of confiscated illegal property must all be sent to the treasury, and must not be retained, divided, or indirectly divided by any administrative organ or individual.

Fines, confiscated unlawful gains, and the proceeds from auctions of confiscated illegal property must not be directly or indirectly connected to the evaluation and appraisal of the administrative organs that made the administrative punishment decisions or their staffs. Except where it shall be recovered or recompensed in accordance with law, finance departments must not give the administrative organ that made the administrative punishment decision any fines, confiscated unlawful gains, or proceeds from the auction of confiscated illegal property in any form.

Article 75: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.

Administrative organs carrying out of administrative punishments shall accept public oversight. Citizens, legal persons, or other organizations have the right to appeal or report administrative organs' conduct in carrying out administrative punishments, and administrative organs shall earnestly review, and where finding errors shall proactively correct them.

Chapter VII: Legal Liability

Article 76:Where administrative organs carrying out administrative punishments have any of the following situations, the administrative organ at the level above or relevant organs are to order corrections and give sanctions to the directly responsible managers and other directly responsible persons in accordance with law.

(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;

(4) Violated the provisions on entrusting punishment in article 20 of this law;

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

Where administrative organs do not promptly file a case that meets the standards for case filing, it is to be handled in accordance with the provisions of the preceding paragraph.

Article 77:If administrative organs punish a party without using documents for fines or for the confiscation of property, or using documents issued by a department other than that prescribed by law, the parties have the right to refuse and the right to report the illegal documents, and the administrative organs at higher levels or other relevant organs are to destroy the illegal documents that were used, and sanction the directly responsible managers and other directly responsible persons in accordance with law.

Article 78:Where administrative organs violate the provisions of Article 67 of this Law by collect fines themselves, or the finance departments violate the provisions of Article 74 of this Law on giving back fines, confiscated unlawful gains, or auction proceeds to the administrative agency, the higher-level administrative organs or relevant organs are to order corrections, and sanction the directly responsible managers and other directly responsible persons.

Article 79:Where administrative organs retain, privately divide, or indirectly privately divide fines or confiscated illegal gains and property, the finance departments or relevant organs are to recover them, and sanction the directly responsible managers and other directly responsible persons in accordance with law; where the circumstances are serious and constitute a crime, criminal responsibility is to be pursued in accordance with law.

Where law enforcement personnel use their positions to facilitate soliciting or receiving assets from others, or taking fines for their personal use, and a crime is constituted, criminal responsibility is to be pursued in accordance with law; where the circumstances are minor and do not constitute a crime, sanctions are to be given.

Article 80:Where administrative organs use or destroy assets that have been sealed or seized, caused losses for the parties, they shall give compensation in accordance with law, and the directly responsible managers and other directly responsible personnel are to be sanctioned in accordance with law.

Article 81:Where administrative organs carrying out illegal inspections of enforcement measures cause harm to citizens person or property, or cause harms to legal persons or other organizations, they shall give compensation in accordance with law, and give sanctions to the directly responsible managers and other directly responsible persons, and where the circumstances are serious and constitute a crime, criminal responsibility is to be pursued in accordance with law.

Article 82:Where administrative organs do not transfer cases that should be transferred to the judicial organs for criminal responsibility to be pursued, using administrative punishments to replace criminal punishments, the administrative organ at the level above or the relevant organs are to order that corrections be made and give sanctions to the directly responsible managers and other directly responsible persons, and where the circumstances are serious and constitute a crime, criminal responsibility is to be pursued in accordance with law.

Article 83:If the administrative organs do not stop and punish illegal acts that should be stopped and punished, causing damage to the lawful rights and interests of citizens, legal persons, or other organizations, or to the public interest and societal order, the directly responsible managers and other directly responsible persons shall be given sanctioned in accordance with law; and where the circumstances are serious and constitute a crime, criminal responsibility shall be pursued in accordance with law.

Chapter VIII: Supplementary Provisions

Article 84: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 85:The provisions of "two days", "three days", "five days" and "seven days" in this law refer to working days, excluding legal holidays.

Article 86:This law shall come into effect on July 15, 2021.

 

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