Press "Enter" to skip to content

Public Security Administration Punishments Law (Draft Revisions)(Second Reading Draft)

1.English Comparison Chart of 1st and 2nd Draft Revisions
2. 

Chapter I: General Provisions

Article 1 This law is drafted on the basis of the Constitution so as to preserve social public security order; 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: Public security administration is to uphold the leadership of the Communist Party of China and persist in comprehensive governance.

People’s governments at all levels shall strengthen comprehensive management of social public security and take effective measures to prevent and resolve social contradictions and disputes, promote social harmony, and maintain social stability.

Article 3: Those who disturb public order, endanger public safety, infringe on personal and property rights, or impede social administration, are harmful to society, and constitute 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 administration punishments in accordance with this Law.

Article 4: The provisions of this Law are applicable to the procedures for public security administration punishments; and where this law makes no provisions, the relevant provisions of the Law of the People’s Republic of China on Administrative Penalties; are applicable.

Article 5: This Law applies to violations of public security administration within the territory of the People’s Republic of China, except as specially provided for by other laws.

This Law applies to violations of public security administration committed aboard ships or aircraft of the People’s Republic of China, except where specially provided for by other laws.

This law applies where, in accordance with international treaties it has concluded or acceded to, the People's Republic of China exercises jurisdiction over public security administration violations that occur aboard foreign ships and aircraft.

Article 6: Public security administration punishments must be based on facts and correspond to the nature and circumstances of the violation of public security administration and the extent of harm done to society.

Public security administration punishments shall be implemented openly and justly, respecting and protecting human rights, and protecting the citizens' dignity.

The handling of public security administration cases shall adhere to the principle of combining education with punishment, fully explain the law and reasoning, and educate citizens, legal persons, or other organizations to conscientiously abide by the law.

Article 7: The department of public security under the State Council is responsible for public security administration 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 public security administration within that administrative region.

The jurisdiction of public security administration cases is to be determined by the State Council Public Security Department.

Article 8: Where violations of public security administration cause harm to others, the perpetrators or their guardians shall bear civil liability in accordance with law.

Where the conduct violating public security administration constitutes a crime, criminal responsibility shall be pursued in accordance with law; public security administration punishments must not be substituted for criminal penalties.

Article 9: Mediation work shall be strengthened in the handling of public security administration cases, emphasizing education and guidance, to promote the resolution of conflicts and disputes.

For violations of public security administration 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 to be 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 public security administration, and inform the parties concerned that they may, lawfully bring a civil action before a people’s court regarding the civil disputes.

In public security cases that fall within the scope for mediation provided in the preceding paragraph, where, before the public security organs make a punishment decision, the parties settle on their own or reach an agreement through mediation by a people's mediation committee and fulfill the agreement, and apply in writing for recognition by the public security organs, punishments are not to be given.

Chapter II: The Types and Application of Punishments

Article 10: Public security administration punishments include the following types:

(1) Warnings;

(2) fines;

(3) Administrative detention;

(4) Cancellation of permits issued by the public security organs.

Foreigners who violate public security administration may additionally be required to leave the country within a set time or be deported.

Article 11: 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 directly used by the persons in their conduct violating public security administration shall be taken and disposed of in accordance with relevant regulations.

The assets obtained through violations of public security administration 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 12: Where persons who are already 14 but not yet 18 years old violate public security administration, they shall be given a mitigated or commuted punishment; and where persons who are not yet 14 years old violate public security administration, they are not punished, but their guardians shall be instructed to more strictly control them.

Article 13: Mentally ill persons and persons with intellectual disabilities 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 public security administration while in a normal mental state, they shall be given punishment. Where a mentally ill person or person with an intellectual disability has not fully lost their ability to recognize or control their own conduct violates the administration of public security, they shall be given a punishment, but it may be mitigated or commuted.

Article 14: Where blind persons, or persons who are both deaf and mute, violate public security administration, punishment may be mitigated, commuted, or not given.

Article 15: Where intoxicated persons violate public security administration, they shall be given punishments.

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 shall be taken to restrain them until they are sober.

Article 16: Where a person commits two or more violations of the administration of public security, decisions are to be made separately but enforced together. Where administrative detention punishments are concurrently enforced, the maximum term of such detention is not to exceed 20 days.

Article 17: Where there is a joint violation of public security administration, the persons violating public security administration are to be penalized separately, based on the role they played in the violation.

Where persons instigate, coerce, or lure others to violate public security administration, they shall be punished in accordance with the act they instigated, coerced or lured others to do.

Article 18: Where a unit violates public security administration, its directly responsible managers, and other directly responsible personnel, are to be penalized in accordance with the provisions of this Law. Where other laws or administrative regulations provide that punishments shall be given to a unit for the same act, the unit shall be penalized in accordance with those provisions.

Article 19: Where harm is caused by preventive actions that are taken in order to avoid an illegal harm that is being enacted at that moment, it is not a violation of public security administration; but where it clearly exceeds the extent necessary and causes undue harm, punishment shall be mitigated or waived.

Article 20: In any of the following circumstances, the punishment imposed on those who violate public security administration 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 victim’s forgiveness has been received;

(4) The act was under the coercion or enticement of others;

(5) They surrender and truthfully recount their illegal acts to the public security organs;

(6) They have performed meritorious service.

Article 21: Where the perpetrators of violations of public security administration voluntarily and truthfully recount their own illegal conduct to the public security organs, concede the facts of the violation, and are willing to accept punishment, they may be addressed leniently in accordance with law.

Article 22: In any of the following circumstances, a heavier punishment 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 public security administration;

(3) They seek revenge against the persons reporting the case, accusers, informants, or witnesses;

(4) public security administration punishments were previously received within the last year.

Article 23: In any of the following circumstances, where violators of public security administration shall 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 16 years-old;

(2) The person is already 16 but not yet 18 years-old, and it is their first violation of public security administration;

(3) The person is 70 years-old or older;

(4) The person is pregnant or nursing their own infant that is less than one year old.

Where the circumstances are serious or the impact is vile for the violations of public security in items (1)-(3) of the preceding paragraph, or where a perpetrator of items (1) or (3) violates public security administration two or more times in 1 year, a penalty of administrative detention may be enforced.

Article 24: For minors who were not given punishments in accordance with article 12 of this Law or who did not have administrative detention enforced in accordance with article 23 of this law, the public security organs are to employ corrective education measures in accordance with the PRC Law on the Prevention of Juvenile Delinquency.

Article 25: Where a violation of public security administration 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 public security administration occurs; and where the violations are continuing or sustained, the time period is counted from the date the violations end.

Chapter III: Acts Violating Public Security Administration and Their Penalties

Section 1: Acts disrupting public order and their penalties

Article 26: 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 RMB:

(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 causing serious losses;

(2) disturbing the order of bus stations, harbors, ports, airports, malls, parks, exhibition halls, or other public places;

(3) disturbing the order on public buses, trams, trains, ships, aircraft, or other 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 to carry out the conduct in the preceding paragraph, the principals are to be detained for between 10 and 15 days and may be concurrently fined up to 2,000 RMB.

Article 27: Where there are any of the following acts disrupting the order of testing during a national test that is prescribed by laws or adminstrative regulations, a fine of between 1 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 fine of between 1,000 and 3,000 RMB is to be given; and where the circumstances are more serious, detention of between 5 and 10 days is to 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.

Article 28: 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 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 insulting slogans, banners, or other items;

(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.

Where one is detained because they disrupted the order of a sports competition or cultural arts performance activity, a concurrent order may be given that they must not enter a stadium or performance venue to watch that type of competition or performance for 1-3 years; and where they violate the provisions and enter a stadium or performance venue, they are to be forcibly removed from the venue, and detained up to 5 days or fined up to 1,000 RMB.

Article 29: 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 intentionally 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 dangerous acts such as threatening to commit arson, set off explosions, or place hazardous substances.

Article 30: 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) Fighting in gangs or arbitrarily hitting people;

(2) chasing or intercepting others;

(3) forcibly taking, demanding, or arbitrarily damaging or seizing public or private property;

(4) Other acts of provocation that disturb others or disrupt social order.

Article 31: 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 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 use such groups 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 or transmitting items, information, or materials with content promoting cults, superstitious sects and secret societies, the content of articles, information, and materials.

Article 32: Where state provisions are violated by the unauthorized setting up or usage of radio stations, or by the unauthorized usage of radio frequencies, interfering with the order of radio communication, and the circumstances are more minor, a warning or fine of up to 1000 RMB is to be given; where the circumstances are more serious, punishments of between 5 and 10 days detention are to be given; and where the circumstances are serious, between 10 and 15 days detention is to be given.

Article 33: Those who commit any of the following acts and cause harm are to be detained for up to 5 days; and where the circumstances are more serious, they are to be detained for between 5 and 10 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;

(2) Violating State regulations by deleting, changing, increasing or interfering with the functions of a computer information system;

(3) Violating state provisions 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;

(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;

Article 34: Those organizing or leading pyramid sales activities are to be detained for between 10 and 15 days; but where the circumstances are more minor, they are to be detained for between 5 and 10 days.

Those who coerce or entice others to participate in pyramid sales schemes 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 35: Those who commit any of the following acts are to be detained for between 5 and 10 days or be fined between 1,000 and 3,000 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 5,000 RMB:

(1) Causing a serious negative social impact by intentionally engaging in acts in the venues, or the controlled areas surrounding the venues, for important activities hosted by the state, such as celebrations memorials, commemorations, or public remembrances, that go against the theme and atmosphere of those events, and not heeding discouragement;

(2) Engaging in activities that harm environment and atmosphere for commemorating heroes and martyrs at memorial facilities, and not heeding discouragement, or occupying, damaging, or defacing memorial facilities;

(3) Causing harm to the names, images, reputations, and honor of heroes and martyrs through insult, defamation, or other such means; harming the societal public interest;

(4) Desecrating or negating the deeds and spirit of heroes and martyrs, or creating, transmitting, or spreading speech or items that promote or glorify wars or acts of aggression, disrupting the public order;

(5) Wearing or bearing clothing or symbols that promote or glorify wars or acts of invasion in public places or forcing others to do so, causing a negative social impact.

Section 2: Acts endangering public safety and their punishment

Article 36: 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 37: 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 38: Those who illegally carry guns, ammunition, crossbows, daggers, and other items that are controlled under state provisions, are to be detained for up to 5 days and may be given a concurrent fine of up to 1,000 RMB; where the circumstances are more minor, they are to be given a warning and a fine of up to 500 RMB.

Those who illegally carry guns, ammunition, crossbows, daggers, and other items that are controlled under state provisions and enter public venues or public transportation, are to be detained for between 5 and 10 days and may be given a concurrent fine of up to 1,000 RMB; where the circumstances are more serious, they are to be detained fir between 10 and 15 days and given a fine of up to 5,000 RMB.

Article 39: 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, water engineering facilities, and public water supply facilities, highways and their auxiliary facilities, or public facilities such ass for hydrological monitoring, hydrographic survey, meteorological monitoring and weather forecast, environmental monitoring, geological monitoring and seismologic monitoring, endangering public safety;

(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 that obstruct the management of the national (frontier) borders.

Article 40: Where aviation facilities that are in use are stolen, damaged, or moved without authorization, or where the cockpits of aircraft are forcibly entered; between 10 and 15 days detention is to be given. 

Persons who use 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.

Where other public transportation vehicle facilities and equipment that are in use are stolen, damaged, or moved without authorization, or where the driving of public transportation vehicles is obstructed by means such as grabbing the controls, or pulling beating the driver, up to 5 days detention or a fine of 1000 RMB is to be given, and where the circumstances are serious, between 5 and 10 days detention is to be given.

Article 41: 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; 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) stealing, destroying or unauthorized moving of facilities, equipment, vehicle parts, or safety markers such as for railways or urban light rail;

(2) placing obstacles on railway lines or urban light rail tracks, or intentionally throwing things at trains;

(3) Digging for stone and gravel on railways, urban light rail tracks, and other routes, bridges or culverts;

(4) privately setting up road junctions or level crossings on railway lines or urban light rail tracks;

Article 42: 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, impacting safety 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 43: 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 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) Putting up a lit sky lantern where there is a risk of fire and not heeding dissuasion, in violation of relevant laws and regulations;

(5) Throwing items off of buildings or from other heights, where there is a risk of harming others' physical safety, public or private property, or public safety.

Article 44: 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; the directly responsible managers and other directly responsile persons are to be detained for between 5 and 10 days and concurrently fined between 3,000 and 5,000 RMB; where the circumstances are more serious, they are to be detained between 10 and 15 days, and given a fine of between 5,000 and 20,000 RMB, and an order may concurrently be given that they must not hold large-scale mass activities for 6 months to one year.

Article 45: Where hotels, restaurants, movie theaters, entertainment venues, sports venues, exhibition halls, or other venues that provide mass activities to the public violate safety provisions, causing that venue to have a risk of safety incidents occurring, and where they refuse to make the corrections after being ordered to do so by the public security organs, their 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.

Article 46: Where schools violate laws and regulations by knowing of student bullying or other crimes encroaching minor students but not following provisions to report or addess it, corrections are to be ordered, and the directly responsible managers and other directly responsible persons are to be given warnings, and a recommendation is to be made to the relevant department to give sanctions in accordance with law.

Article 47: Where relevant laws and regulations are violated by flying civil-use unmanned drones or aircraft or air sports equipment, or operating model aircraft, outside of controlled airspace, or who release airborne objects such as unmanned balloons or tethered balloons into the sky, causing harm, are to be given warnings or a fine of up to 1000 RMB; and where the circumstances are more serious, they are to be detained between 5 and 10 days and given a concurrent fine of up to 1000 RMB.

Those who fly or release the items provided for in the preceding paragraph who illegally cross borders (boundaries) are to be detained for between 10 and 15 days and given a concurrent fine of between 1,000 and 3,000 RMB.

Section 3: Acts violating rights in persons and property, and their penalties

Article 48: 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 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 49: Those who coerce or lure others to beg, or use 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 50: 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) Writing threatening letters or otherwise threatening the physical safety of others;

(2) Publicly insulting others or concocting facts to defame others;

(3) Concocting facts to falsely accuse or frame others, seeking to cause others to be criminally pursued or to receive public security administration punishments;

(4) Threatening, insulting, attacking, or taking revenge against witnesses and their families;

(5) Sending information such as pornography, insults, or intimidation multiple times, or employing methods such as harassment, pestering, or stalking to disrupt the normal lives of others;

(6) Peeping, secretly photographing, eavesdropping, or spreading others personal privacy.

Where the acts of harassment, pestering, or stalking in item (5) above endanger the physical safety of others, then with the approval of the responsible person for the public security organ, an order may be given to stop contact with the victim; and where these provisions are violated, detention of between 5 and 10 days is to be given, and a consecutive fine of 1,000 RMB may be given.

Article 51: Those who beat others, or intentionally harm others' persons, are to be detained between 5 and 10 days and given a fine of between 500 and 1,000 RMB; where the circumstances are more minor, they are to be detained up to 5 days or given a fine of up to 1,000 RMB.

Those with any of the following circumstances are to be detained for between 10 and 15 days and concurrently fined between 1,000 and 2,000 RMB:

(1) a gang beat or harmed others;

(2) they beat or harmed persons with disabilities, pregnant women, persons under 14 years old, or persons over 50 years old;

(3) They beat or harmed people several times, or beat or harmed several people one time.

Article 52: Those who molest others are to be detained for between 5 and 10 days; and where the circumstances are serious such as molesting mentally ill persons, persons with intellectual disabilities, or persons under the age of 14, they are to be detained for between 10 and 15 days.

Those intentionally naked in a public venue are to be given warnings, and where the circumstances are vile, they are to be detained for up to five days or given a fine of up to 500 RMB.

Article 53: 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, or given a fine of up to 1,000 RMB:

(1) abusing a family member, where the abused person requests that the matter be addressed;

(2) where persons with guardianship caretaking responsibilities towards minors, the elderly, the ill, persons with disabilities, etc., abuse the persons under their guardianship or care;

(3) abandoning a person one supports, who cannot look after themself, .

Article 54: Those who forcibly buy or sell commodities, force others to provide or accept services, are to be detained for between 5 and 10 days and concurrently 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 55: Those who incite ethnic hatred or ethnic discrimination, or who post content that is ethnically discriminatory or derogatory in publications or computer information networks, are to be detained for between 10 and 15 days, and may be given a concurrent fine of up to 3,000 RMB; where the circumstances are more minor, detention of up to 5 days or a fine of up to 3,000 RMB is to be given.

Article 56: Those who violate relevant state provisions by selling or providing personal information to others are to be detained for between 10 and 15 days; and where the circumstances are more minor, they are to be detained for up to 5 days or given a fine of up to 3,000 RMB.

Where citizens' personal information is stolen or illegally obtained through other means, punishment is to be in accordance with the provisions of the preceding paragraph.

Article 57: Those who claim under false pretenses, hide, destroy, discard, resell, secretly open or illegally examine others' mail or deliveries are to be given warnings or fined up to 1,000 RMB; and where the circumstances are more serious, detention of between 5 and 10 days is to be given.

Article 58: Those who steal, defraud, forcibly seize, rob, or blackmail are to be detained for between 5 and 10 days or fined between 1,000 RMB and 3,000 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.

Article 59: Those who intentionally destroy public or private property 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 3,000 RMB:

Section 4: Acts endangering social management and their penalties

Article 60: Those who commit any of the following acts are to be given a warning or fined up to 500 RMB; where the circumstances are 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 lawfully issued by a people’s government in a state of emergency;

(2) Obstructing the lawful performance of duties by state organ personnel;

(3) obstructing the passage of vehicles such as fire engines, ambulances, engineering emergency trucks, police cars, or law enforcement boats. performing their emergency functions;

(4) forcibly breaking through a police cordon, restricted area, or checkpoint established by public security organs.

Where people’s police are obstructed from performing their duties in accordance with law, heavier punishments are to be given.

Article 61: Those who impersonate employees of state organs 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 military or police personnel to deceive and defraud, are to be given a heavier punishment.

Those who steal or impersonate others’ identities, or use other fake 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 62: 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 5,000 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 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) leasing or lending forged or altered official documents, certificates or testimonial papers, or seals, of government organs, people’s organizations, enterprises, public institution or other organizations, to be used illegally by others;

(3) 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;

(4) 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

(5) 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.

Article 63: Where, without authorization, a vessel enters or berths in waters or at islands 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 serious, they are to be detained for up to five days and may be concurrently fined up to 2,000 RMB.

Article 64: Any of the following acts are to be 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, detention is to be for between 5 and 10 days, or a fine of between 1,000 and 3,000 RMB is to be given:

(1) Violating State regulations by engaging in activities in the name of a social group, foundation, social service organizations, or other social organizations without registering, or continuing to engage in activities after being shut down;

(2) Continuing to conduct activities in the name of social groups, foundations, social service organizations, or other social organizations, that have been lawfully deregistered or had registration certificates revoked;

(3) Conducting business without a permit in a sector where state provisions require a public security organ permit is required.

Where there is the conduct provided for in item (3) of the preceding paragraph, it is to be shut down. Where those that have been shut down commit the violation again within one year, they are to be detained for between 10 and 15 days, and given a concurrent fine of between 3,000 and 5,000 RMB.

Where business operators who have obtained licenses from public security organs violate the relevant State administrative regulations, and the circumstances are serious, the public security organs may revoke their licenses.

Article 65: Those who incite or orchestrate illegal gatherings, protests, or demonstrations and refuse to heed dissuasion, are to be detained between 10 and 15 days.

Article 66: Where those engaged in the hotel business do not register lodger information such as their name, effective Identification type and number, or provide lodging to persons whose identity is unclear or who refuse to register their identification information, the directly responsible managers and other directly responsible personnel are to be fined between 500 and 1,000 RMB, and where the circumstances are more minors, are to be given warnings or fined up to 500 RMB.

Where those engaged in the hotel business have any of the following conduct, the directly responsible managers and other directly responsible personnel are to be fined between 1,000 and 3,000 RMB; and where the circumstances are serious, detained for up to 5 days and fined between 3,000 and 5,000 RMB:

(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 lodgers are using the premises to perpetrate criminal activities.

Article 67: Where lessors rent rooms to persons whose identity is unclear or who refuse to register their identity information or do not follow provisions to register the lessee’s information such as their name, valid identity document type and number, they are to be given a fine of between 500 and 1,000 RMB; and where the circumstances are more minor, they are to be given warnings or a fine of up to 500 RMB.

Where lessors know that lessees are using the rented premises to carry out criminal activities, and do not report it to the public security organs, they are to be fined between 1,000 and 3,000 RMB; and where the circumstances are serious, they are to be detained for up to 5 days and fined between 3,000 and 5,000 RMB.

Article 68: Where entertainment venues or sellers of seals, used goods, or motor vehicles do not register information in accordance with law, a warning is to be given; and where they refuse to make corrections or cause consequences, the directly responsible managers or other directly responsible personnel are to detained for up to 5 days or fined up to 3,000 RMB.

Article 69: Those who illegally use or provide devices for eavesdropping, and spying are to be detained for up to 5 days or fined between 1,000 and 3,000 RMB; and where the circumstances are more serious, they are to be detained between 5 and 10 days, and concurrently fined between 3,000 and 5,000 RMB.

Article 70: Those who commit any of the following acts are to be fined between 1,000 and 3,000 RMB; and where the circumstances are 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 fail to examine the relevant certificates or fail to perform the registration formalities for pawned items, or fail to report to the public security organs when clearly knowing that the persons pawning 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 facilities;

(3) purchasing goods that are stolen or suspected of being stolen, that public security organs have circulated a search announcement for;

(4) the purchase of other articles which is prohibited by the State.

Article 71: 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, withheld or registered in advance, by administrative law-enforcement organs;

(2) forging, concealing, or destroying evidence, or providing false testimony or reporting false information about a case, impacting administrative law-enforcement organs’ handling of the case in accordance with 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 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;

Article 72: Those who commit any of the following acts are to be given a warning or fined up to 1.000 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) violating injunction or professional restriction decisions in a people's court's criminal judgment;

(2) Refusing to enforce written warnings for the prohibition of domestic violence or prohobition on sexual harassment that are issued by the public security organs in accordance with the PRC Domestic Violence Law and the PRC Law on the Protection of the Rights and Interests of Women,

(3) Violating protective measures employed by supervision organs during supervision work or by judicial organs during criminal proceedings, prohibiting contact with witnesses, forensic evaluators, or victims;

Article 73: 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 74: 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 be concurrently fined between 1,000 and to 4,000 yuan:

(1) Scratching, smearing or intentionally damaging state-protected cultural relics, scenic spots or historic sites by other means;

(2) Violating State provisions by conducting activities such as blasting, drilling, and excavation in the vicinity of State-protected historic and cultural sites, threatening the safety of cultural relics.

Article 75: Those who commit any of the following acts are to be fined between 1,000 and 2,000 RMB; and where the circumstances are serious, they are to be detained for between 10 and 15 days and may be concurrently fined up to 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 76: Those who commit any of the following acts are to be detained for between 5 and 10 days; and where the circumstances are 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 others’ graves, or damaging or discarding others’ remains or ashes;

(2) placing a corpse in 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 77: 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 detained for up to 5 days or 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 between 3,000 and 5,000 RMB.

Article 78: 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 between 1,000 and 2,000 RMB.

Those enticing, accommodating or making introductions for a minor to become prostitutes are to be be given heavier penalties.

Article 79: Those who produce, transport, duplicate, sell, or rent obscene materials such as books, periodicals, pictures, movies, and audio-video products, or disseminate obscene 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 between 1,000 and 3,000 RMB.

Where the obscene items or information provided for in the preceding paragraph involves minors, a heavier punishment is to be given.

Article 80: 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 obscene audio or video;

(2) organizing or conducting obscene performances; or

(3) Participating in licentious group 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.

Where minors are organized to engage in the activities provided for in the first paragraph, a heavier punishment is to be given.

Article 81: Those who, for the purpose of making profits, provide conditions for gambling or participate 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 serious, they are to be detained for between 10 and 15 days and given a concurrent fine of between 1,000 and 5,000 RMB.

Article 82: 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 up to 500 opium poppies or small amounts of other plant precursors of drugs;

(2) illegally buying, selling, transporting, carrying or possessing small amounts of the seeds or seedlings of the plant precursors of drugs, such as opium poppies, which have not been inactivated;

(3) illegally transporting, buying, selling, storing or using a small amount of opium poppy shells.

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 punished.

Article 83: Any of the following acts are punished by detention of between 10 and 15 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) illegally possessing less than 200 grams of opium or heroin, less than 10 grams of methamphetamine, or other small amounts of drugs;

(2) providing others with drugs;

(3) ingesting or injecting drugs.

(4) Coercing or tricking medical personnel to give prescriptions for narcotics or psychotropics.

Where people are gathered or organized for the ingestion or injection of drugs, the principals and organizers are to be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Where drugs are ingested or injected, an order may be concurrently given that they must not enter into entertainment venues or have unauthorized contact with persons involved with drug crimes or violations for six months to one year. Those who violate the provisions are to be detained for up to five days or be fined up to 1,000 RMB.

Article 84: Those who induce, instigate, trick, or coerce 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.

Those enticing, instigating, or tricking minors into ingesting or injecting drugs are to be given heavier punishments.

Article 85: Those who violate state provisions by illegally producing, trading in, purchasing, or transporting raw materials or reagents used for making drugs 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 86: Where units such as those in the hotel industry, food services industry, culture and entertainment industry, or rental car industries alert the violators or criminals when the public security organs investigate and address activities such as drug use, gambling, prostitution, or solicitation, or otherwise provide conditions for these activities, then the directly responsible managers and other directly responsible personnel are to be detained for between 10 and 15 days; and where the circumstances are more minor, they are to be detained for up to 5 days or fined between 1,000 and 2,000 RMB.

Article 87: Where laws and regulations related to the prevention of noise pollution are violated by the production of noise, and it cannot be stopped through dissuasion, mediation, or handling in accordance with law by basic level mass autonomous organization, property owners’ committees, property services personnel, or relevant departments, and it continues to disturb other’s normal lives, work, and studies, up to five days detention or a fine of 1,000 RMB is to be given; and where the circumstances are serious, between 5 and 10 days detention and a concurrent fine of up to 1,000 RMB is to be given.

Article 88: Those who raise animals, disrupting the normal lives of others, are to be given warnings; and where they do not make corrections after the warning, or allow the animals to intimidate others, they are to be given a fine of up to 1,000 RMB.

Where laws and regulations are violated by selling or raising dangerous animals such as fierce dogs, a warning is to be given; where corrections are not made after the warning or the animals are made to harm others, up to 5 days detention or a fine of up to 1,000 RMB is to be given; and where the circumstances are more serious, detention is to be between 5 and 10 days.

Where safety measures are not taken for animals, or they are made to harm others, up to 5 days or fined up to 1,000 RMB; where the circumstances are serious, they are to be detained between 5 and 10 days.

Where animals are driven so as to hurt others, it is to be punished in accordance with the provisions of Article 51 of this Law.

Chapter IV: Punishment Procedures

Section 1: Investigation

Article 89: Public security organs shall immediately open a case and conduct an investigation of reports, accusations, information, or voluntarily surrenders by violators of public security administration, as well as cases of public security administration violations transferred by other state organs; and where they find it is not a violation of public security administration, they shall inform the reporter, accuser or informant, or the persons who surrendered themselves, and explain the reasons.

Article 90: Public security organs and their people’s police shall investigate public security cases in accordance with law. It is strictly prohibited to use torture to extract confessions or to employ threats, enticement, trickery, or other illegal means to collect evidence.

Evidence collected by illegal means must not be the basis for punishment.

Article 91: 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 92: Evidence materials already lawfully gathered during the course of handling criminal cases, or in cases transferred by other administrative law enforcement organs or supervision organs may be used as evidence in public security administration cases.

Article 93: 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, individual privacy, or personal information.

Article 94: 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 public security administration, 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 belong, 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 95: 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 public security administration who are discovered at the scene may be summoned orally upon the people’s police presenting law enforcement identification, but this shall be noted in the record of questioning.

Public security organs 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 evade a summons, may compulsorily be summoned upon approval by the responsible party for the public security organs' case-handling department.

Article 96: After a violator of public security administration has been summoned, the public security organ shall promptly question and screen them, and the questioning and screening must not exceed 8 hours; where large numbers of people are involved in the case or the identity of the violators is not clear, the questioning and screening must not exceed 12 hours, and where the circumstances are complicated and this Law provides that a punishment of administrative detention might be applied, the time for the questioning and screening must not exceed 24 hours.

Public security organs shall promptly notify the family of the persons being summoned of the reasons and location for the summons.

During the questioning and screening, the public security organs shall ensure that the violator of public security administration has food, water, and necessary rest time.

The entire process of questioning and screening public security administration violators shall be recorded.

Article 97: The written record of questioning shall be checked by the person being questioned; and if they do not have the ability to read, the written record shall be read out to them. Where there are omissions or errors in the record, the person being questioned may propose supplements or corrections. Where there is truly no way to notify them, or they do not appear after being notified, this shall be noted in the record.

Where the person being questioned requests to provide written materials on the issues for interrogation, it shall be permitted; and when necessary, the people’s police may also request that the person being questioned write out materials themselves.

When questioning public security administration violators who are under the age of 16, their parents or other guardians shall be contacted to appear, and where their parents or other guardians cannot appear, other appropriate adults such as family members or representatives from their school, unit, basic level organization for their place of residence, or child welfare organization, may also be notified to appear in court, and such circumstances shall be recorded in the case file. Where there is truly no way to notify them, or they do not appear after being notified, this shall be noted in the record.

Article 98: People’s police questioning victims or other witnesses, may do so at the scene, or may also do so at their unit, residence, or other locations; when necessary, they may also be notified to come to the public security organ and provide testimony.

When people’s police question victim or other witnesses outside of the public security organs, they shall present law enforcement identification.

The provisions of article 97 of this Law also apply when questioning victims and other witnesses.

Article 99: Where public security administration violators, victims, or other witnesses are in other areas, public security organs may entrust the public security organs for that area to conduct questioning on their behalf, and may also conduct the questioning through remote video.

In remote video questioning, the record of questioning shall be read aloud to the person being questioned, and after they confirm that the record is error-free, the questioning police shall note this in the record. A simultaneous audio or visual recording shall be made of the entire process of the questioning and read out.

Article 100: Where questioning violators of public security administration, victims, or other witnesses who are deaf and mute, 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 public security administration, 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 101: To verify certain characteristics, injuries, or the physiological states of violators of public security administration and victims, upon the approval of the responsible party for the public security organs' case-handling department, a physical examination may be conducted, and where it is truly necessary for case handling, image and finger print information may be obtained, and other biological samples such as of blood and urine may be collected. Information or samples that have already been taken or collected must not be taken or collected again. Where victims’ information or samples are obtained or collected, their consent shall be obtained.

Article 102: Public security organs may inspect venues, objects, or individuals related to violations of public security administration. When inspecting, there must not be less than two police, and they shall present their law enforcement identification.

Where inspections are conducted of premises, it is to be upon the approval of the responsible person for a public security organ of a people’s govenment at the county level or above, and an inspection certificate is to be used; where it is truly necessary to conduct inspections immediately, the people's police may conduct the inspection on site after presenting law enforcement identification, and are to make a recording of the entire process. An inspection document issued by a public security organ at the county level or above when inspecting citizen’s residences.

Inspections of women's persons shall be conducted by female personnel or doctors.

Article 103: An inspection record shall be made on the circumstances of inspections, and the inspectors, subject of the inspection, and authenticating witnesses, are to sign it, affix their seals, or leave a fingerprint; where the subject of the inspection is not at the scene, or where they or witnesses refuse to sign, the people’s police shall note this in the record.

Article 104: Public security organs handling public security cases may seize items that are related to the case and need to be used as evidence; and where assets lawfully possessed by victims or third parties in good faith, they must not be seized but shall be registered. Where items are related to the case and must be evaluated, they may be seized, and immediately released after the evaluation. Items that are not related to the case must not be seized.

Items that are sealed shall be clearly inventoried and listed in duplicate at the scene in collaboration with witnesses or the person in possession of the items that are being seized and sealed; and the investigators, witnesses, and person holding the items shall sign and seal the list, with one copy being given to the person in possession of the items and one copy being placed in the file for future reference.

Before seizures are carried out, they shall be reported for approval to the responsible person for public security organs' case-handling departments; where due to urgent circumstances it is necessary to carry out seizures on site, the people's police shall promptly report to the person responsible for their public security organs' case-handling department and then supplement the formalities. Where the responsible party for public security organs' case-handling departments find there shall not be a seizure, it shall be immediately lifted.

Seized items shall be preserved properly and must not be used for other purposes, and items unsuitable for 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 105: 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 106: In order to find out the truth of the case, the people's police may have public security administration violators, victims, and other witnesses identify venues or items related to the case, and may also have the public security administration violators identify other violators.

A record shall be made of the identification, and the police and those making identifications are to sign it, affix their seals, or leave a fingerprint.

Article 107: Public security organs conducting mediation or conducting questioning, seizure, and identifications at law-enforcement case sites, may have a single officer do so.

Where a single people’s police officer conducts mediation, questioning, seizures, or identifications in accordance with the preceding paragraph, a simultaneous audio or visual recording of the entire process shall be made. Where a simultaneous audio or visual recording of the entire process is not made as provided, or where the av materials are destroyed or lost, the related evidence must not be the basis for punishment.

Section 2: Decisions

Article 108: Public security administration punishments are to be decided upon by the public security organs or bureau branches of county-level people's governments; police substations may make decisions on warnings and fines of up to 1,000 RMB.

Article 109: With regard to persons who were under compulsory measures restricting their freedom before the decision on a punishment 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 110: 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 administration punishment decision. However, where there are only statements made by the offender but no other evidence to prove the facts, a public security administration punishment cannot be made.

Article 111: Before making public security administrative penalty decisions, the public security organs shall inform violators of the administration of public security of the content and facts, reasons and basis for the proposed penalties, as well as of the rights they enjoy 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.

Where public security administration violators are not yet 16 years old, the parents or other guardians of the minor shall also be notified in accordance with the preceding two paragraphs, and their opinions shall be fully heard.

The public security organs shall not impose a heavier punishment on public security administration violators because the person has made his statements or defended himself.

Article 112: 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 is to be made in light of the seriousness and specific circumstances;

(2) Where no punishment is to be imposed in accordance with law, or the facts about the unlawful acts are not established, 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 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.

The responsible persons of the public security organs shall collectively discuss and decide upon the imposition of public security administration punishments for complex or major violations.

Article 113: In any of the following circumstances, before the responsible person for a public security organ makes a public security administration punishment decision, a legal review shall be conducted by the personnel who conduct legal reviews of public security administration 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 complex and involve many legal relationships.

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

Article 114: Where public security organs make a public security administration punishment decision, they shall draft a written document. In the written decision document, the following content shall clearly be indicated:

(1) the name, sex, and age of the person being punished, the type and number of their identity documents, and their residence;

(2) facts and evidence of the unlawful acts committed;

(3) types and basis of the punishments;

(4) enforcement methods and time periods for the punishments;

(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 punishment decision; and

(6) the name of the public security organ making the punishment decision and the date on which it was made.

The seal of the public security organ that makes the punishment decision shall be affixed to the written decision.

Article 115: Public security organs shall read out the written public security administration punishment decision to the person being punished, and hand it over to them 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 punishment decision for administrative detention is made, the family members of the person being punished shall be notified without delay.

Where there are victims, the public security organs shall send the written decision to the victims.

Article 116: Before making public security administration punishment decisions of revoking permits or giving fines of more than 4,000 RMB, and before employing measures to suspend operations for rectification, the public security organs shall inform the public security administration violators that they have the right to request that a hearing be held; and where they request a hearing, the public security organs shall promptly hold the hearing in accordance with law.

Before public security organs make a public security administration punishment decision to detain a minor, they shall notify the violator and their guardian that they have the right to request a hearing; and where the violator and their guardian request a hearing, the public security organs shall promptly have a hearing in accordance with law.

In cases other than those provided for in the preceding two paragraphs where the circumstances and evidence are complex, or there is a major social impact; and the violators requests a hearing, and the public security organs find that it is necessary, they shall promptly organize a hearing.

The public security organ shall not impose a heavier penalty on the person who commits an act against the administration of public security because they request a hearing.

Article 117: The period of time for the public security organ to handle public security cases must not exceed 30 days from the date they open 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.

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.

Article 118: Where the facts about violations of public security administration 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 punishment decision may be made at the scene.

Article 119: Where public security administration punishments are given on-site, a single people's police officer may make the decision.

Where a single people’s police officer makes a public security administration decision in accordance with the provisions of the preceding paragraph, a recording shall be made of the entire process.

Where public security administration punishment decisions are made at the scene, the people’s police shall present their law enforcement identification to violators of public security administration, and fill out a written punishment decision. The written punishment 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 punishment decision provided for in the preceding paragraph shall clearly indicate the name of the persons being penalized, the unlawful conduct, the basis for the punishment, 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 to which they belong.

Article 120: Where the person being punished or the victims are not satisfied with public security administration punishment decisions made in accordance with this law, with restrictive or prohibitive measures that are employed, or with decisions on the collection or recovery of assets, they may lawfully apply for administrative reconsideration or initiate administrative litigation.

Section 3: Enforcement

Article 121: Persons on whom administrative detention punishment decisions are imposed are to be delivered by the public security organ to the jail for enforcement.

Where persons who have been given punishments of administrative detention 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 122: Persons on whom fines are imposed shall pay the fine to a designated bank or through an electronic payment system within 15 days from the date they receive 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 or through an electronic payment system;

(3) Where it will be difficult to enforce the punishment unless the fine is collected at the scene because the person penalized has no permanent dwelling place in the area.

Article 123: 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 to which they belong; 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 124: Where people’s police collect a fine at the scene, they shall issue the person being penalized a special receipt which is uniformly printed and issued by the finance department of a provincial-level or higher people’s government; and where no such voucher is issued, the person being punished has the right to refuse to pay the fine.

Article 125: Where those being punished are dissatisfied with a decision for administrative detention, and apply for administrative reconsiderations or initiate administrative lawsuits, or they encounter situations such as participating in a test for academic advancement, the birth of a child, or the death or illness of a relative, they may apply to the public security organs for deferred enforcement of the administrative detention. Where those being punished are dissatisfied with a decision for administrative detention, and apply for administrative reconsiderations or initiate administrative lawsuits, or they encounter situations such as participating in a test for academic advancement, the birth of a child, or the death or illness of a relative, they may apply to the public security organs for deferred enforcement of the administrative detention.

Where persons currently in administrative detention encounter situations such as participating in a test for academic promotion, the birth of a child, or the illness or death of a close family member, and the detained person or their family applies for their release, the public security organs are to proceed in accordance with the preceding paragraph. The period for which the person is releases is not calculated as part of their detention period.

Article 126: Guarantors shall meet the following requirements:

(1) not be 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 127: 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 fine them up to 3,000 RMB.

Article 128: 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 or [temporary] release, the guarantee deposit is to be confiscated and handed over to the national treasury, and administrative detention decision is still to be enforced.

Article 129: Where administrative detention decisions are withdrawn, or enforcement of administrative detention begins or is continues after release, the guarantee deposit collected by the public security organ shall be promptly returned to the person who paid it.

Chapter V: Supervision of Enforcement

Article 130: Public security organs and their people’s police shall handle public security cases in accordance with law and in a just, strict, and highly efficient manner, and enforce laws with civility; and they must distort the law for private gain, derelict their duties, or abuse their authority.

Article 131: In handling public security cases, public security organs and their people’s police are forbidden to beat, abuse, mistreat or humiliate violators of public security administration.

Article 132: 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 a supervision organ; and the organ that receives such report or accusation shall promptly handle it in accordance with its duties.

Article 133: Where public security organs making public security administration punishment decisions discover that the public security administration violator is a public employee, they shall promptly report it in accordance with law to the supervision organs and to the units to which the violators belong; and where when handling cases of public security administration violations leads are discovered indicating that public employees are suspected of corruption, bribery, dereliction of duty, malfeasance or other crimes or violations abusing public office, they shall transfer the cases to the relevant organs to be handled in accordance with law.

Article 134: 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, and must not be returned or indirectly returned, or linked to financial safeguards.

Article 135: Records of violations of public security administration 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 supervision organs or judicial organs require them to handle cases, or where other relevant units to make inquiries in accordance with state provisions. Units making inquiries in accordance with law shall preserve the confidentiality of the sealed records of violations.

Article 136: Public security organs shall fulfill security management duties for simultaneous audio or visual recording, improve technical measures, and regularly maintain facilities and equipment, to ensure the continuity, stability, and security of the use of recording equipment.

Article 137: Public security organs and their people's police must not use personal information obtained in the course of handling public security cases, or related information and samples obtained or collected in accordance with law, for uses unrelated to public security or combatting crime and must not sell it or provide it to other units or individuals.

Article 138: Where people's police handling public security cases commit any of the following acts, they are to be given sanctions 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 others 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 public security administration;

(10) sending covert messages to those who violate the law or commit crimes, while investigating and handling activities against public security administration; or

(11) leaked work secrets or other information that shall be kept confidential in accordance with law during the handling of public security cases;

(12) using personal information obtained in the course of handling public security administration cases, or physiological identifying information and samples obtained or collected in accordance with law, for uses unrelated to public security or combatting crime, or selling or providing it to other units or individuals;

(13) splicing, deleting, damaging, or losing, simultaneous recordings of the handling of public security administration cases;

(14) other acts of twisting the law for personal gain, dereliction of duties, 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 responsible leaders and other directly responsible personnel are to be sanctioned in accordance with law.

Article 139: Where public security organs and people’s police unlawfully exercise their functions and powers and infringe upon the lawful 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 140: Where other laws provide that the public security organs are to give punishments of administrative detention, enforcement is to be in accordance with this Law.

The provisions of this law apply to public security organs’ carrying out of punishments in accordance with the PRC Law on the Control of Firearms, the Regulations on the Security Management of Civil-use Explosives, and other laws and administrative regulations directly related to public safety and social order.

Article 141 : Customs bodies performing public security administration duties at sea exercise the authority provided for public security organs in this law, except as otherwise provided by law.

Article 142: “At least” [more than], “up to” [between] or “within” as used in this Law include those numbers themselves.

Article 143: This Law takes effect on xx-xx-xxxx.

Click to rate this post!
[Total: 0 Average: 0]

Print this entry

CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

Be First to Comment

    Leave a Reply

    Your email address will not be published. Required fields are marked *

    Translate