Law of the the People's Republic of China on Administrative Penalties (2017 Amendment)

(Adopted at the Fourth Session of the Eighth National People's Congress on March 17, 1996, as amended for the first time in accordance with the Decision on Amending Some Laws adopted at the Tenth Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009, and amended for the second time in accordance with the Decision on Amending Eight Laws including the Law on the People's Republic of China Judges adopted at the 29th Session of the Standing Committee of the Twelfth National People's Congress on September 1, 2017)
Directory
Chapter I General Provisions
Chapter II Types and Setting of Administrative Penalties
Chapter III Organs for the Implementation of Administrative Penalties
Chapter IV Jurisdiction and Application of Administrative Punishment
Chapter V Decisions on Administrative Penalties
Section 1 Summary Procedure
Section 2 General Procedures
Section 3 Hearing Procedures
Chapter VI Enforcement of Administrative Penalties
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions

Chapter I General Provisions
Article 1 In order to regulate the establishment and implementation of administrative penalties, ensure and supervise the effective implementation of administrative management by administrative agencies, maintain public interests and social order, and protect the legitimate rights and interests of citizens, legal persons or other organizations, accordingConstitutionto enact this Act.
Article 2 This Law shall apply to the establishment and implementation of administrative penalties.
Article 3 Where citizens, legal persons or other organizations act in violation of the administrative order and should be given administrative penalties, they shall be prescribed by laws, regulations or rules in accordance with this Law, and shall be implemented by administrative organs in accordance with the procedures stipulated in this Law.
If there is no statutory basis or the statutory procedures are not followed, the administrative penalty shall be null and void.
Article 4 The principles of fairness and openness shall be followed in administrative punishment.
The establishment and implementation of administrative penalties must be based on facts and be commensurate with the facts, nature, circumstances and degree of social harm of the illegal act.
The provisions on administrative penalties for violations must be published; those that have not been published shall not be used as the basis for administrative penalties.
Article 5 To impose administrative penalties and correct illegal acts, the combination of punishment and education shall be adhered to, and citizens, legal persons or other organizations shall be educated to consciously abide by the law.
Article 6 Citizens, legal persons or other organizations shall have the right to make statements and the right to defend themselves against an administrative penalty imposed by an administrative organ; if they are not satisfied with the administrative penalty, they shall have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law.
Citizens, legal persons or other organizations that have suffered damage as a result of administrative penalties imposed by administrative organs in violation of the law shall have the right to claim compensation in accordance with the law.
Article 7 Citizens, legal persons or other organizations who are subject to administrative penalties for their violations of law and whose illegal acts cause damage to others shall bear civil liability in accordance with the law.
If an illegal act constitutes a crime, criminal responsibility shall be investigated in accordance with the law, and administrative punishment shall not be substituted for criminal punishment.

Chapter II Types and Setting of Administrative Penalties
Article 8 Types of administrative penalties:
(I) warnings;
(II) fines;
(III) confiscation of illegal gains and confiscation of illegal property;
(IV) order to suspend production or business;
(V) the temporary suspension or revocation of a permit or the temporary suspension or revocation of a license;
(VI) administrative detention;
(VII) other administrative penalties prescribed by laws and administrative regulations.
Article 9 The law may impose various administrative penalties.
Administrative penalties that restrict personal freedom can only be set by law.
Article 10 Administrative regulations may impose administrative penalties other than restrictions on personal freedom.
If the law has already made provisions for administrative penalties for illegal acts, and administrative regulations need to make specific provisions, they must be stipulated within the scope of the acts, types and ranges of administrative penalties prescribed by law.
Article 11 Local regulations may impose administrative penalties other than restrictions on personal freedom and revocation of the business license of an enterprise.
Where laws and administrative regulations have already provided for administrative penalties for illegal acts, and local regulations need to make specific provisions, they must be stipulated within the scope of the acts, types and ranges of administrative penalties prescribed by laws and administrative regulations.
Article 12 The rules formulated by the ministries and commissions of the State Council may make specific provisions within the scope of the acts, types and ranges of administrative penalties prescribed by laws and administrative regulations.
If no laws or administrative regulations have been formulated, the regulations formulated by the ministries and commissions of the State Council as specified in the preceding paragraph may set administrative penalties of warning or a certain amount of fine for acts violating the order of administrative management. The limits of fines shall be set by the State Council.
The State Council may authorize the institutions directly under the State Council to impose administrative penalties in accordance with the provisions of the first and second paragraphs of this Article.
Article 13 The rules formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the people's governments of cities where the people's governments of provinces and autonomous regions are located, and the people's governments of larger cities approved by the State Council may be in accordance with laws and regulations. Specific provisions are made within the scope of the acts, types and ranges of administrative penalties.
If no laws or regulations have been formulated, the rules formulated by the people's government as specified in the preceding paragraph may set administrative penalties of warning or a certain amount of fine for acts violating the administrative order. The limits of fines shall be prescribed by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government.
Article 14 Except for the provisions of Articles 9, 10, 11, 12 and 13 of this Law, no administrative penalty shall be set in any other normative document.

Chapter III Organs for the Implementation of Administrative Penalties
Article 15 Administrative penalties shall be imposed by administrative organs with the power of administrative penalties within the scope of their statutory functions and powers.
Article 16 The State Council or the people's government of a province, autonomous region or municipality directly under the Central Government authorized by the State Council may decide that an administrative organ shall exercise the power of administrative punishment of the relevant administrative organ, but the power of administrative punishment for restricting personal freedom shall only be exercised by the public security organ.
Article 17 Organizations authorized by laws and regulations with the function of managing public affairs may impose administrative penalties within the scope of statutory authorization.
Article 18 In accordance with the provisions of laws, regulations or rules, an administrative organ may, within its statutory authority, entrust an organization that meets the conditions stipulated in Article 19 of this Law to impose administrative penalties. Administrative organs may not entrust other organizations or individuals to impose administrative penalties.
The entrusting administrative organ shall be responsible for supervising the act of imposing administrative punishment on the entrusted organization and shall bear legal responsibility for the consequences of the act.
The entrusted organization shall, within the scope of entrustment, impose administrative penalties in the name of the entrusting administrative organ; no other organization or individual shall be entrusted to impose administrative penalties.
Article 19 An entrusted organization must meet the following conditions:
(I) institutions established in accordance with the law to manage public affairs;
(II) have staff who are familiar with relevant laws, regulations, rules and business;
If the (III) needs to carry out technical inspection or technical appraisal for illegal acts, it shall organize the corresponding technical inspection or technical appraisal if conditions permit.

Chapter IV Jurisdiction and Application of Administrative Punishment
Article 20 Administrative punishment shall be under the jurisdiction of the administrative organ with the power of administrative punishment under the local people's government at or above the county level in the place where the illegal act occurred. Except as otherwise provided by laws and administrative regulations.
Article 21 Where a dispute arises over jurisdiction, it shall be reported to the common administrative organ at the next higher level for designation of jurisdiction.
Article 22 If an illegal act constitutes a crime, the administrative organ must transfer the case to the judicial organ and investigate the criminal responsibility according to law.
Article 23 When imposing an administrative penalty, an administrative organ shall order the party concerned to make corrections or to correct the illegal act within a time limit.
Article 24 No administrative penalty of more than two fines shall be imposed on the party concerned for the same illegal act.
Article 25 If a person under the age of 14 commits an illegal act, no administrative penalty shall be imposed, and his guardian shall be ordered to discipline him; if a person who has reached the age of 14 but not the age of 18 commits an illegal act, he shall be given a lighter or mitigated administrative penalty.
Article 26 If a mental patient commits an illegal act when he is unable to recognize or control his own behavior, he shall not be given administrative punishment, but his guardian shall be ordered to take strict care of and treat him. If an intermittent mental patient commits an illegal act when he is mentally normal, he shall be given an administrative penalty.
Article 27 If a party is under any of the following circumstances, he shall be given a lighter or mitigated administrative punishment according to law:
(I) take the initiative to eliminate or mitigate the harmful consequences of illegal acts;
(II) being coerced by others to commit illegal acts;
those who have rendered meritorious service in (III) cooperation with administrative organs in investigating and dealing with illegal acts;
(IV) other lighter or mitigated administrative penalties in accordance with the law.
If the illegal act is minor and promptly corrected, and no harmful consequences are caused, no administrative penalty shall be imposed.
Article 28 Where an illegal act constitutes a crime and a people's court sentences it to criminal detention or fixed-term imprisonment, if an administrative organ has already given the party administrative detention, the corresponding term of imprisonment shall be offset according to law.
If the illegal act constitutes a crime and the people's court imposes a fine, if the administrative organ has already imposed a fine on the party concerned, the corresponding fine shall be offset.
Article 29 If an illegal act is not discovered within two years, no administrative penalty shall be imposed. Except as otherwise provided by law.
The time limit specified in the preceding paragraph shall be calculated from the date of the illegal act; if the illegal act is continuous or continuing, it shall be calculated from the date of the end of the act.

Chapter V Decisions on Administrative Penalties
Article 30 Where citizens, legal persons or other organizations violate the order of administrative management and should be given administrative punishment according to law, the administrative organ must ascertain the facts; if the facts of the violation are not clear, no administrative punishment shall be imposed.
Article 31 Before making a decision on administrative penalty, an administrative organ shall inform the party concerned of the facts, reasons and basis for making the decision on administrative penalty, and inform the party concerned of the rights enjoyed according to law.
Article 32 The parties shall have the right to make statements and defense. The administrative organ must fully listen to the opinions of the parties and shall review the facts, reasons and evidence put forward by the parties; if the facts, reasons or evidence put forward by the parties are established, the administrative organ shall adopt them.
The administrative organ shall not aggravate the punishment because of the plea of the party concerned.

Section 1 Summary Procedure
Article 33 If the facts of the violation of law are conclusive and there is a legal basis, and an administrative penalty of less than 50 yuan is imposed on a citizen, or a fine of less than 1,000 yuan or a warning is imposed on a legal person or other organization, a decision on administrative penalty may be made on the spot. The party concerned shall perform the decision on administrative penalty in accordance with the provisions of Articles 46, 47 and 48 of this Law.
Article 34 If a law enforcement officer makes a decision on administrative penalty on the spot, he shall show the party his law enforcement ID card and fill in a predetermined format and numbered administrative penalty decision. The decision on administrative penalty shall be delivered to the party on the spot.
The administrative penalty decision prescribed in the preceding paragraph shall set out the illegal act of the party concerned, the basis for the administrative penalty, the amount, time and place of the fine and the name of the administrative organ, and shall be signed or sealed by the law enforcement personnel.
Decisions on administrative penalties made by law enforcement officers on the spot must be reported to the administrative organs to which they belong for the record.
Article 35 If a party refuses to accept the decision on administrative penalty made on the spot, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Section 2 General Procedures
Article 36 In addition to the administrative penalties that may be imposed on the spot as provided for in Article 33 of this Law, if an administrative organ discovers that a citizen, a legal person or any other organization has committed an act for which an administrative penalty should be imposed in accordance with the law, it must conduct a comprehensive, objective and impartial investigation and collect relevant evidence; if necessary, it may conduct an inspection in accordance with the provisions of laws and regulations.
Article 37 When an administrative organ conducts an investigation or an inspection, there shall be no less than two law enforcement officers, and they shall show their certificates to the parties or the persons concerned. The parties or persons concerned shall truthfully answer the inquiries and assist in the investigation or inspection, and shall not obstruct them. A written record shall be made of the inquiry or examination.
When collecting evidence, the administrative organ may take the method of sampling and collecting evidence; in the case that the evidence may be lost or difficult to obtain in the future, with the approval of the person in charge of the administrative organ, it may first register and keep it, and shall make a timely decision to deal with it within seven days. During this period, the parties or relevant personnel shall not destroy or transfer the evidence.
If the law enforcement officer has a direct interest with the party concerned, he shall withdraw.
Article 38 When an investigation is concluded, the person in charge of the administrative organ shall examine the results of the investigation and make the following decisions according to different circumstances:
If the (I) does have an illegal act that should be subject to administrative punishment, it shall make a decision on administrative punishment according to the seriousness and specific circumstances of the case;
If the (II) violation is minor and can be exempted from administrative punishment in accordance with the law, no administrative punishment shall be imposed;
If the facts of the (III) violation are untenable, no administrative penalty shall be imposed;
If (IV) illegal act constitutes a crime, it shall be transferred to the judicial organ.
If a heavier administrative penalty is to be imposed on a complicated or major illegal act, the person in charge of the administrative organ shall discuss the decision collectively.
Before the person in charge of the administrative organ makes a decision, it shall be examined and verified by the personnel engaged in the examination and verification of the decision on administrative penalty. Persons in administrative organs who are engaged in the examination and verification of administrative penalty decisions for the first time shall obtain legal professional qualifications through the national unified legal professional qualification examination.
Article 39 Where an administrative organ imposes an administrative penalty in accordance with the provisions of Article 38 of this Law, it shall make a written decision on the administrative penalty. The written decision on administrative penalty shall specify the following matters:
The name or title and address of the (I) party;
(II) facts and evidence of violations of laws, regulations or rules;
(III) the type and basis of administrative penalty;
(IV) the manner and time limit for the implementation of administrative penalties;
The channels and time limit for the (V) to apply for administrative reconsideration or bring an administrative lawsuit if it does not accept the decision on administrative penalty;
The name of the administrative organ (VI) to make the decision on administrative penalty and the date of making the decision.
The written decision on administrative penalty must bear the seal of the administrative organ that made the decision on administrative penalty.
Article 40 The decision on administrative penalty shall be delivered to the party on the spot after the announcement; if the party is not present, the administrative organ shall, within seven days, comply withcivil procedure lawThe relevant provisions of the administrative penalty decision will be served on the parties.
Article 41 If an administrative organ and its law enforcement officers, before making a decision on administrative penalty, fail to inform the party concerned of the facts, reasons and basis for the administrative penalty in accordance with the provisions of Articles 31 and 32 of this Law, or refuse to listen to the statements and arguments of the party concerned, the decision on administrative penalty shall not be tenable; unless the party waives the right to make a statement or defense.

Section 3 Hearing Procedures
Article 42 Before making a decision on administrative penalties such as ordering to suspend production or business, revoking a permit or license, or imposing a relatively large fine, the administrative organ shall inform the parties of their right to request a hearing; if the parties request a hearing, the administrative organ shall organize a hearing. The parties shall not bear the costs of the hearing organized by the administrative organ. The hearing is organized according to the following procedure:
If the (I) party requests a hearing, it shall submit it within three days after the administrative organ informs it;
The (II) administrative organ shall notify the parties of the time and place of the hearing seven days before the hearing;
Unless the (III) involves state secrets, commercial secrets or personal privacy, the hearing shall be held in public;
The (IV) hearing shall be presided over by a person who is not an investigator of the case designated by the administrative organ; if the party concerned considers that the presiding officer has a direct interest in the case, he shall have the right to apply for withdrawal;
The parties to the (V) may attend the hearing in person or entrust one or two persons to act as agents;
When the (VI) holds a hearing, the investigator puts forward the facts, evidence and administrative punishment suggestions of the party's violation of the law; the party makes defense and cross-examination;
A written record of the (VII) hearing shall be made; the written record shall be submitted to the party concerned for examination and verification and be signed or sealed.
If the party concerned disagrees with the administrative penalty for restricting personal freedom,Public Security Administration Punishment LawImplementation of the relevant provisions.
Article 43 After the hearing, the administrative organ shall make a decision in accordance with the provisions of Article 38 of this Law.

Chapter VI Enforcement of Administrative Penalties
Article 44 After a decision on administrative penalty is made in accordance with the law, the party concerned shall implement it within the time limit of the decision on administrative penalty.
Article 45 If a party refuses to accept the decision on administrative penalty and applies for administrative reconsideration or brings an administrative lawsuit, the execution of the administrative penalty shall not be suspended, except as otherwise provided by law.
Article 46 The administrative organ that makes the decision on the fine shall be separated from the organ that collected the fine.
Except for the fines collected on the spot in accordance with the provisions of Articles 47 and 48 of this Law, the administrative organ that made the decision on administrative penalty and its law enforcement personnel shall not collect the fines on their own.
The party concerned shall, within 15 days from the date of receipt of the decision on administrative penalty, pay the fine at the designated bank. The bank shall accept the fine and turn it over directly to the state treasury.
Article 47 Where a decision on administrative penalty is made on the spot in accordance with the provisions of Article 33 of this Law, the law enforcement officers may collect the fine on the spot under any of the following circumstances:
(I) a fine of not more than twenty yuan according to law;
(II) it is difficult to implement afterwards if it is not collected on the spot.
Article 48 If, in a remote, waterborne or inaccessible area, the administrative organ and its law enforcement officers have made a decision to impose a fine in accordance with the provisions of Articles 33 and 38 of this Law, if it is indeed difficult for the party concerned to pay the fine to the designated bank, the administrative organ and its law enforcement officers may collect the fine on the spot upon the request of the party concerned.
Article 49 Where an administrative organ or its law-enforcing officers collect a fine on the spot, they must issue to the party concerned a receipt for the fine uniformly issued by the financial department of the province, autonomous region or municipality directly under the Central Government; if the receipt for the fine uniformly issued by the financial department is not issued, the party concerned shall have the right to refuse to pay the fine.
Article 50 Fines collected by law enforcement officers on the spot shall be handed over to the administrative organ within two days from the date of collection of the fines; fines collected on the spot on water shall be handed over to the administrative organ within two days from the date of landing; the administrative organ shall pay the fines to the designated bank within two days.
Article 51 If a party fails to implement the decision on administrative penalty within the time limit, the administrative organ that made the decision on administrative penalty may take the following measures:
If the (I) fails to pay the fine at the due date, an additional fine of 3% of the amount of the fine shall be imposed daily;
The (II), in accordance with the provisions of the law, auctions off the seized or seized property or transfers the frozen deposits to offset the fines;
(III) apply to the people's court for compulsory execution.
Article 52 If a party has genuine financial difficulties and needs to postpone or pay a fine in installments, the payment may be postponed or paid in installments upon application by the party and approval by the administrative organ.
Article 53 In addition to the articles that should be destroyed according to law, the illegal property confiscated according to law must be auctioned publicly in accordance with the provisions of the State or disposed of in accordance with the relevant provisions of the State.
All fines, confiscation of illegal income or confiscation of illegal property and property auctioned off must be turned over to the state treasury, and no administrative organ or individual may intercept, divide privately or divide privately in any form; the financial department shall not return in any form to the administrative organ that made the decision on administrative penalty the fine, the confiscated illegal income or the confiscated auction money of illegal property.
Article 54 Administrative organs shall establish a sound system of supervision over administrative punishments. People's governments at or above the county level shall strengthen supervision and inspection of administrative penalties.
Citizens, legal persons or other organizations shall have the right to appeal or report administrative penalties imposed by administrative organs; administrative organs shall carefully examine them and, if they find any errors in administrative penalties, they shall take the initiative to correct them.

Chapter VII Legal Liability
Article 55 Where an administrative organ imposes an administrative penalty under any of the following circumstances, the administrative organ at a higher level or a relevant department shall order it to make corrections, and administrative sanctions may be imposed on the persons directly in charge and other persons directly responsible according to law:
(I) there is no statutory basis for administrative punishment;
(II) change the type and range of administrative penalty without authorization;
(III) violation of statutory administrative penalty procedures;
(IV) violation of the provisions of Article 18 of this Law on entrusted punishment.
Article 56 Where an administrative organ punishes a party without the use of documents for fines or confiscation of property or documents for fines or confiscation of property or documents issued by a non-statutory department, the party shall have the right to refuse the punishment and shall have the right to report the case. Administrative organs at higher levels or relevant departments shall confiscate and destroy the illegal documents used, and shall impose administrative sanctions on the persons directly in charge and other persons directly responsible in accordance with the law.
Article 57 Where an administrative organ, in violation of the provisions of Article 46 of this Law, confiscates a fine on its own, and the financial department, in violation of the provisions of Article 53 of this Law, returns the fine or the auction money to the administrative organ, the administrative organ at a higher level or the relevant department shall order it to make corrections, and the directly responsible person in charge and other directly responsible persons shall be given administrative sanctions according to law.
Article 58 Where an administrative organ withholds, privately divides, or in a disguised form, fines, confiscated illegal income or property, it shall be recovered by the financial department or the relevant department, and the persons directly in charge and other persons directly responsible shall be subject to administrative sanctions in accordance with the law; if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the law.
If a law enforcement officer takes advantage of his position to solicit or accept other people's property or collect fines for his own possession, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if the circumstances are minor and do not constitute a crime, he shall be given administrative sanctions according to law.
Article 59 Where an administrative organ uses or damages the seized property and causes losses to the parties concerned, it shall make compensation in accordance with the law, and the persons directly in charge and other persons directly responsible shall be given administrative sanctions in accordance with the law.
Article 60 Where administrative organs illegally implement inspection measures or implement measures, causing damage to the person or property of citizens, or causing losses to legal persons or other organizations, they shall make compensation in accordance with the law, and the persons directly in charge and other persons directly responsible shall be given administrative sanctions in accordance with the law; if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the law.
Article 61 In order to seek the private interests of the unit, the administrative agency shall not transfer the criminal responsibility that should be transferred to the judicial agency for criminal responsibility according to law, and replace the penalty with administrative punishment, and the higher-level administrative agency or relevant department shall order the correction; if it refuses to correct, the directly responsible The person in charge shall be given administrative sanctions; those who engage in malpractices for personal gain or condone illegal acts shall be in accordanceCriminal LawThe relevant provisions of the investigation of criminal responsibility.
Article 62: Where law enforcement officers neglect their duties and fail to stop or punish illegal acts that should be stopped and punished, resulting in damage to the legitimate rights and interests, public interests and social order of citizens, legal persons or other organizations, the person directly in charge and other persons directly responsible shall be given administrative sanctions according to law; if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions
Article 63 The State Council shall formulate specific measures for the implementation of the provisions of Article 46 of this Law on the separation of the decision on fines from the collection of fines.
Article 64 This Law shall come into force as of October 1, 1996.
If the regulations and rules enacted before the promulgation of this Law do not conform to the provisions of this Law on administrative penalties, they shall be revised in accordance with the provisions of this Law from the date of promulgation of this Law, and the revision shall be completed before December 31, 1997.