The People's Republic of China administrative compulsory law

the People's Republic of China Presidential Decree
(No. 49)

The the People's Republic of China Administrative Enforcement Law, as adopted at the 21st Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on June 30, 2011, is hereby issued and shall come into force on January 1, 2012.

the People's Republic of China President Hu Jintao
30 June 2011

the People's Republic of China administrative compulsory law
(Adopted at the 21st Session of the Standing Committee of the Eleventh National People's Congress on June 30, 2011)

Directory
Chapter I General Provisions
Chapter II Types and Setting of Administrative Coercion
Chapter III Procedures for the Implementation of Administrative Compulsory Measures
Section 1 General Provisions
Section 2 Seizure and Seizure
Section 3 Freezing
Chapter IV Procedures for Compulsory Execution by Administrative Organs
Section 1 General Provisions
Section II. Enforcement of the obligation to pay money
Section III Acting Performance
Chapter V Application to the People's Court for Compulsory Execution
Chapter VI Legal Liability
Chapter VII Supplementary Provisions

Chapter I General Provisions
Article 1 In order to regulate the establishment and implementation of administrative coercion, ensure and supervise the performance of administrative organs in accordance with the law, maintain public interests and social order, and protect the legitimate rights and interests of citizens, legal persons and other organizations, accordingConstitutionto enact this Act.
Article 2 The term "administrative coercion" as used in this Law includes administrative coercive measures and administrative enforcement.
Administrative compulsory measures refer to the temporary restrictions on the personal freedom of citizens, or the temporary control of the property of citizens, legal persons or other organizations in the process of administrative management, in order to stop illegal acts, prevent the destruction of evidence, avoid the occurrence of harm and control the expansion of danger.
Administrative enforcement refers to the act of an administrative organ or an administrative organ applying to a people's court to force citizens, legal persons or other organizations that fail to perform administrative decisions to perform their obligations in accordance with the law.
Article 3 This Law shall apply to the establishment and implementation of administrative compulsion.
Where an emergency such as a natural disaster, accident, disaster, public health incident or social security incident occurs or is about to occur, the administrative organ shall take emergency or temporary measures in accordance with the provisions of relevant laws and administrative regulations.
Administrative organs shall adopt prudential supervision measures for the financial industry and compulsory technical supervision measures for inbound and outbound goods in accordance with the provisions of relevant laws and administrative regulations.
Article 4 The establishment and implementation of administrative coercion shall be in accordance with the statutory authority, scope, conditions and procedures.
Article 5 The establishment and implementation of administrative compulsion shall be appropriate. Where the purpose of administration can be achieved by non-coercive means, administrative coercion shall not be created and implemented.
Article 6 The implementation of administrative compulsion shall adhere to the combination of education and compulsion.
Article 7 Administrative organs and their functionaries shall not use administrative compulsory power to seek benefits for units or individuals.
Article 8 Citizens, legal persons or other organizations shall have the right to make statements and the right to defend against administrative coercion imposed by administrative organs; they shall have the right to apply for administrative reconsideration or bring administrative proceedings in accordance with the law; if they have suffered damage as a result of administrative coercion imposed by administrative organs in violation of the law, they shall have the right to demand compensation in accordance with the law.
Citizens, legal persons or other organizations that suffer damage as a result of illegal acts committed by the people's court in compulsory execution or the expansion of the scope of compulsory execution shall have the right to demand compensation in accordance with the law.

Chapter II Types and Setting of Administrative Coercion
Article 9 Types of administrative compulsory measures:
(I) restrictions on citizens' personal freedom;
(II) the seizure of places, facilities or property;
(III) seizure of property;
(IV) freezing of deposits and remittances;
(V) other compulsory administrative measures.
Article 10 Administrative compulsory measures shall be established by law.
Where no law has been enacted and the matters fall within the administrative functions and powers of the State Council, administrative regulations may establish other administrative compulsory measures in addition to the first and fourth items of Article 9 of this Law and the administrative compulsory measures that should be prescribed by law.
Where laws and administrative regulations have not been enacted and are local affairs, the local regulations may establish administrative compulsory measures as described in Items 2 and 3 of Article 9 of this Law.
No other normative documents other than laws and regulations may set administrative compulsory measures.
Article 11 Where the law provides for the objects, conditions and types of administrative compulsory measures, administrative regulations and local regulations shall not make expanded provisions.
Where no administrative compulsory measures are set in the law, administrative regulations and local regulations shall not set administrative compulsory measures. However, if the law provides for specific management measures for specific matters by administrative regulations, administrative regulations may establish administrative compulsory measures other than the first and fourth items of Article 9 of this Law and the administrative compulsory measures that should be prescribed by law.
Article 12 Ways of administrative compulsory execution:
(I) additional fines or late fees;
(II) transfer of deposits and remittances;
(III) auction or dispose of the seized or impounded places, facilities or property in accordance with the law;
(IV) remove obstacles and restore the original state;
(V) on behalf of the performance;
(VI) other means of enforcement.
Article 13 Administrative enforcement shall be established by law.
If the law does not provide for compulsory enforcement by administrative organs, the administrative organ that made the administrative decision shall apply to the people's court for compulsory enforcement.
Article 14 Where a draft law or regulation is drafted and administrative compulsion is to be established, the drafting unit shall listen to opinions in the form of hearings, demonstration meetings, etc., and explain to the enacting authority the necessity of establishing the administrative compulsion, the possible impact and the situation of listening to and adopting opinions.
Article 15 The establishment organ of administrative coercion shall regularly evaluate the administrative coercion it has set, and amend or abolish the inappropriate administrative coercion in a timely manner.
The implementing organ of administrative compulsion may evaluate the implementation of the administrative compulsion and the necessity of its existence in a timely manner, and report its opinions to the setting organ of the administrative compulsion.
Citizens, legal persons or other organizations may put forward opinions and suggestions on the establishment and implementation of administrative coercion to the establishment and implementation of administrative coercion. Relevant organs should carefully study and demonstrate, and give feedback in an appropriate way.

Chapter III Procedures for the Implementation of Administrative Compulsory Measures
Section 1 General Provisions
Article 16 When performing administrative duties, administrative organs shall, in accordance with the provisions of laws and regulations, implement administrative compulsory measures.
If the circumstances of the illegal act are obviously minor or there is no obvious social harm, administrative compulsory measures may not be taken.
Article 17 Administrative compulsory measures shall be implemented by administrative organs as prescribed by laws and regulations within the scope of their statutory functions and powers. The power of administrative compulsory measures shall not be entrusted.
Based on 《the People's Republic of China Administrative Punishment LawThe administrative organs that exercise the relatively centralized power of administrative punishment may implement administrative compulsory measures related to the power of administrative punishment as stipulated by laws and regulations.
Administrative compulsory measures shall be implemented by qualified administrative law enforcement personnel of administrative organs, and shall not be implemented by other personnel.
Article 18 Administrative organs shall abide by the following provisions in implementing administrative compulsory measures:
(I) shall be reported to and approved by the person in charge of the administrative organ prior to implementation;
(II) by more than two administrative law enforcement personnel;
(III) presentation of law enforcement identification documents;
(IV) notify the party concerned to be present;
(V) inform the parties on the spot of the reasons and basis for taking administrative compulsory measures, as well as the rights and remedies enjoyed by the parties in accordance with the law;
(VI) hearing the statements and arguments of the parties;
(VII) make on-site record;
The on-site record of (VIII) shall be signed or sealed by the party concerned and the administrative law enforcement personnel. If the party concerned refuses, it shall be indicated in the record;
If the (IX) party is not present, the witness shall be invited to be present, and the witness and the administrative law enforcement personnel shall sign or seal the on-site record;
Other procedures stipulated by (X) laws and regulations.
Article 19 If the situation is urgent and it is necessary to implement administrative compulsory measures on the spot, the administrative law enforcement personnel shall report to the person in charge of the administrative organ within 24 hours and complete the approval procedures. If the person in charge of the administrative organ considers that no administrative compulsory measures should be taken, it shall be lifted immediately.
Article 20 The implementation of compulsory administrative measures to restrict the personal freedom of citizens in accordance with the provisions of the law shall, in addition to the procedures stipulated in Article 18 of this Law, comply with the following provisions:
The (I) informs on the spot or immediately after the implementation of the administrative compulsory measures, the administrative organ, the place and the time limit for the implementation of the administrative compulsory measures shall be notified to the family members of the party concerned;
(II) who implement administrative compulsory measures on the spot in case of emergency shall, after returning to the administrative organ, immediately report to the person in charge of the administrative organ and go through the formalities for approval;
(III) other procedures prescribed by law.
The implementation of administrative coercive measures to restrict personal freedom shall not exceed the statutory time limit. Where the purpose for which the compulsory administrative measure is implemented has been fulfilled or the conditions have disappeared, it shall be lifted immediately.
Article 21 where an illegal act is suspected of committing a crime and should be transferred to a judicial organ, the administrative organ shall transfer the sealed up, seized or frozen property together and inform the party concerned in writing.

Section 2 Seizure and Seizure
Article 22 Seizure and seizure shall be carried out by the administrative organs as prescribed by laws and regulations, and shall not be carried out by any other administrative organ or organization.
Article 23 Seizure or seizure shall be limited to the places, facilities or property involved in the case, and no places, facilities or property unrelated to the illegal act shall be sealed up or seized; the daily necessities of individual citizens and their dependent family members shall not be sealed up or detained.
If the premises, facilities or property of the parties concerned have been sealed up by other state organs in accordance with the law, they shall not be sealed up again.
Article 24 If an administrative organ decides to seal up or detain, it shall perform the procedures stipulated in Article 18 of this Law, and make and deliver on the spot the decision and list of seal up or detain.
The following matters shall be clearly stated in the written decision on sealing up or detaining:
The name or title and address of the (I) party;
The reason, basis and time limit for the seizure and detention of the (II);
(III) the name and quantity of places, facilities or property to be sealed up or impounded;
(IV) the channels and time limit for applying for administrative reconsideration or filing an administrative lawsuit;
Name, seal and date of the (V) administrative authority.
The list of seizure and detention shall be in duplicate and shall be kept by the parties and the administrative organs respectively.
Article 25 The time limit for sealing up or detaining shall not exceed 30 days; if the situation is complicated, it may be extended with the approval of the person in charge of the administrative organ, but the extension shall not exceed 30 days. Except as otherwise provided by laws and administrative regulations.
The decision to extend the seizure or detention shall be promptly notified in writing to the parties concerned, and the reasons shall be explained.
If the articles need to be tested, inspected, quarantined or technically appraised, the period of seizure or seizure does not include the period of testing, inspection, quarantine or technically appraising. The period of testing, inspection, quarantine or technical appraisal shall be specified and the parties concerned shall be informed in writing. The expenses for testing, inspection, quarantine or technical appraisal shall be borne by the administrative organ.
Article 26 The administrative organ shall properly keep the places, facilities or property sealed up or detained, and shall not use or damage them; if losses are caused, it shall be liable for compensation.
The administrative organ may entrust a third party to keep the sealed-up places, facilities or property, and the third party may not damage or remove or dispose of them without authorization. For losses caused by a third party, the administrative organ shall have the right to recover from the third party after paying compensation in advance.
The custody expenses incurred as a result of the seizure or detention shall be borne by the administrative organ.
Article 27 After taking the measures of sealing up or detaining, the administrative organ shall ascertain the facts in time and make a decision on handling the matter within the time limit prescribed in Article 25 of this Law. Illegal property that is clear about the facts of the law and should be confiscated in accordance with the law shall be confiscated; if laws and administrative regulations stipulate that it should be destroyed, it shall be destroyed in accordance with the law; if the seizure or seizure should be lifted, a decision to lift the seizure or seizure shall be made.
Article 28 Under any of the following circumstances, the administrative organ shall promptly make a decision to lift the seizure or detention:
(I) the parties have not violated the law;
The places, facilities or property sealed up or impounded by the (II) have nothing to do with the illegal act;
(III) administrative organs have made a decision to deal with illegal acts and no longer need to seal up or detain them;
The time limit for sealing up or detaining the (IV) has expired;
(V) other circumstances where it is no longer necessary to take measures to seal up or detain.
If the seizure or seizure is lifted, the property shall be returned immediately; if the fresh and living goods or other property that is not easy to keep have been auctioned or sold, the proceeds from the auction or sale shall be returned. If the sale price is obviously lower than the market price and causes losses to the parties concerned, compensation shall be paid.

Section 3 Freezing
Article 29 The freezing of deposits and remittances shall be implemented by the administrative organs prescribed by law and shall not be entrusted to other administrative organs or organizations; no other administrative organs or organizations shall freeze deposits and remittances.
The amount of frozen deposits and remittances shall be equivalent to the amount involved in the illegal act; if it has been frozen by other state organs in accordance with the law, it shall not be frozen repeatedly.
Article 30 Where an administrative organ decides to freeze deposits and remittances in accordance with the provisions of the law, it shall perform the procedures stipulated in Items 1, 2, 3 and 7 of Article 18 of this Law and deliver a notice of freezing to the financial institution.
After receiving the notice of freezing made by the administrative organ according to law, the financial institution shall freeze it immediately without delay, and shall not disclose information to the party concerned before freezing.
Where an administrative organ or organization other than those prescribed by law requests the freezing of the deposits or remittances of the parties concerned, the financial institution shall refuse.
Article 31 Where deposits and remittances are frozen in accordance with the provisions of the law, the administrative organ that made the decision shall deliver the decision on freezing to the parties within three days. The freezing decision shall specify the following matters:
The name or title and address of the (I) party;
The reason, basis and duration of the (II) freeze;
(III) account number and amount frozen;
(IV) the channels and time limit for applying for administrative reconsideration or filing an administrative lawsuit;
Name, seal and date of the (V) administrative authority.
Article 32 Within 30 days from the date of freezing deposits and remittances, the administrative agency shall make a decision to deal with or make a decision to lift the freeze; if the situation is complicated, it may be extended with the approval of the person in charge of the administrative agency, but the extension period shall not exceed 30 days. Except as otherwise provided by law.
The decision to extend the freeze shall be promptly notified in writing to the parties concerned, and the reasons shall be explained.
Article 33 Under any of the following circumstances, the administrative organ shall promptly make a decision to lift the freeze:
(I) the parties have not violated the law;
(II) frozen deposits and remittances have nothing to do with illegal acts;
The (III) administrative organ has made a decision to deal with the illegal act and no longer needs to freeze it;
the period of (IV) freezing has expired;
(V) other circumstances in which freezing measures are no longer necessary.
If an administrative organ makes a decision to lift the freeze, it shall promptly notify the financial institution and the party concerned. After receiving the notice, the financial institution shall immediately lift the freeze.
If the administrative organ fails to make a decision on handling the matter within the time limit or to lift the freezing decision, the financial institution shall lift the freezing from the date of the expiration of the freezing period.

Chapter IV Procedures for Compulsory Execution by Administrative Organs
Section 1 General Provisions
Article 34 After an administrative organ has made an administrative decision in accordance with the law, if the party concerned fails to perform his obligations within the time limit decided by the administrative organ, the administrative organ with the power of administrative enforcement shall enforce the administrative decision in accordance with the provisions of this chapter.
Article 35 Before making a decision on compulsory execution, an administrative organ shall urge the parties concerned to perform their obligations in advance. A reminder shall be made in writing and shall state the following:
The period of time for the (I) to perform its obligations;
the manner in which the (II) performs its obligations;
Where the (III) involves monetary payment, there should be a clear amount and payment method;
(IV) the right of presentation and defense enjoyed by the parties in accordance with the law.
Article 36 The parties shall have the right to make statements and defense after receiving the reminder. The administrative organ shall fully listen to the opinions of the parties, and shall record and 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.
Article 37 If the party concerned still fails to implement the administrative decision within the time limit after being urged to do so without justifiable reasons, the administrative organ may make a compulsory enforcement decision.
The enforcement decision shall be made in writing and shall state the following:
The name or title and address of the (I) party;
The reasons and basis for (II) enforcement;
the manner and timing of (III) enforcement;
(IV) the channels and time limit for applying for administrative reconsideration or filing an administrative lawsuit;
Name, seal and date of the (V) administrative authority.
During the period of the reminder, the administrative organ may make an immediate enforcement decision if there is evidence to prove that there are signs of the transfer or concealment of property.
Article 38 A reminder or a decision on administrative enforcement shall be served directly on the parties. If the party refuses to receive it or cannot serve it directly, it shall be in accordance with 《the People's Republic of China Civil Procedure LawThe relevant provisions of the service.
Article 39 Execution shall be suspended under any of the following circumstances:
The (I) party has genuine difficulties in fulfilling the administrative decision or is temporarily incapable of fulfilling it;
(II) a third party claims the right to the subject matter of execution and there is a real reason;
(III) execution may cause irreparable losses, and the suspension of execution does not harm the public interest;
(IV) other circumstances that the administrative organ deems necessary to suspend execution.
After the circumstances of suspension of execution disappear, the administrative organ shall resume execution. If there is no obvious social harm, the party is really unable to perform, and the execution has not been resumed after three years of suspension, the administrative organ shall no longer carry out the execution.
Article 40 Execution shall be terminated under any of the following circumstances:
(I) the death of a citizen with no inheritance to enforce and no obligation to bear;
The termination of the (II) of a legal person or any other organization, with no property to enforce and no person to whom the obligations are to be borne;
(III) the loss of the subject matter of execution;
The administrative decision on which the (IV) is based is revoked;
(V) other circumstances that the administrative organ deems necessary to terminate the execution.
Article 41 In the course of execution or after the completion of execution, if the administrative decision on which the execution is based is revoked or changed, or the execution is wrong, the original state shall be restored or the property returned; if the original state cannot be restored or the property returned, compensation shall be paid according to law.
Article 42 For the implementation of administrative compulsory execution, the administrative organ may reach an execution agreement with the party concerned without harming the public interest and the legitimate rights and interests of others. The enforcement agreement may agree to perform in stages; if the parties take remedial measures, they may reduce the additional fine or late fee.
The execution agreement shall be fulfilled. If the parties fail to perform the enforcement agreement, the administrative organ shall resume the enforcement.
Article 43 Administrative organs shall not enforce administrative enforcement at night or on statutory holidays. Except in case of emergency.
Administrative organs shall not force the parties concerned to perform relevant administrative decisions by stopping water supply, power supply, heat supply and gas supply.
Article 44 Where illegal buildings, structures, facilities, etc. need to be forcibly demolished, the administrative agency shall make a public announcement and the parties concerned shall demolish them on their own within a time limit. If the party concerned does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not dismantle it, the administrative organ may forcibly dismantle it according to law.

Section II. Enforcement of the obligation to pay money
Article 45 If an administrative organ makes an administrative decision on the obligation to pay money according to law, and the party concerned fails to perform it within the time limit, the administrative organ may impose an additional fine or late payment fee according to law. The standards for imposing additional fines or late fees shall be notified to the parties concerned.
The amount of the additional fine or late fee shall not exceed the amount of the obligation to pay money.
Article 46 If an administrative organ imposes an additional fine or late payment fee in accordance with the provisions of Article 45 of this Law for more than 30 days, and the party concerned still fails to perform the fine after being urged to do so, the administrative organ with the power of administrative enforcement may enforce the fine.
Where an administrative organ needs to take measures of sealing up, detaining or freezing before enforcement, it shall be handled in accordance with the provisions of Chapter III of this Law.
An administrative organ without the power of administrative enforcement shall apply to the people's court for enforcement. However, if the party concerned does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and still fails to perform after being urged, the administrative organ that has taken measures to seal up or seize the property in the process of implementing administrative management may auction the sealed up or seized property to offset the fine according to law.
Article 47 The transfer of deposits and remittances shall be decided by the administrative authorities prescribed by law and notified in writing to the financial institutions. After receiving the decision of the administrative organ to transfer deposits and remittances in accordance with the law, the financial institution shall immediately transfer them.
If an administrative organ or organization other than the provisions of the law requests the transfer of deposits or remittances from the parties, the financial institution shall refuse.
Article 48 When property is auctioned in accordance with the law, the administrative organ shall entrust the auction institution in accordance with 《the People's Republic of China auction methodThe provisions of.
Article 49 Deposits, remittances and funds obtained from auctions and legal disposal shall be turned over to the State Treasury or transferred to a special financial account. No administrative organ or individual may intercept, privately divide or privately divide in any form.

Section III Acting Performance
Article 50 If an administrative organ makes an administrative decision according to law requiring the party concerned to perform the obligations of removing obstruction and restoring the original state, if the party concerned fails to perform the administrative decision within the time limit and still fails to perform the decision after being urged, and the consequences have been or will endanger traffic safety, cause environmental pollution or damage natural resources, the administrative organ may perform the decision on behalf of the party concerned, or entrust a third person who has no interest to perform the decision on behalf.
Article 51 Acting performance shall comply with the following provisions:
The (I) shall serve the decision before the performance on behalf of the party, and the decision on performance on behalf of the party shall contain the name or title, address, reason and basis, method and time, subject matter, cost budget and the person performing the performance on behalf of the party;
Three days before the (II) performs on behalf of the party, the party concerned is urged to perform, and if the party concerned performs, the performance on behalf of the party is stopped;
When the (III) performs the decision, the administrative organ that made the decision shall send its personnel to the scene to supervise;
Upon completion of the performance of the (IV) on behalf of the administrative organ, the staff, the performing person on behalf of the administrative organ and the parties or witnesses shall sign or seal the execution document.
The cost of performance shall be reasonably determined in accordance with the cost and shall be borne by the parties. However, unless otherwise provided by law.
Acting on behalf of the performance shall not use violence, coercion or other illegal means.
Article 52 If it is necessary to immediately remove the spilled objects, obstacles or pollutants on roads, rivers, waterways or public places, but the party concerned cannot remove them, the administrative organ may decide to immediately implement the performance on behalf of the party concerned; if the party concerned is not present, the administrative organ shall notify the party concerned immediately afterwards and deal with it according to law.

Chapter V Application to the People's Court for Compulsory Execution
Article 53 If the party concerned does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and fails to implement the administrative decision, the administrative organ without the power of administrative enforcement may, within three months from the date of expiration of the time limit, apply to the people's court for compulsory enforcement in accordance with the provisions of this chapter.
Article 54 Before an administrative organ applies to a people's court for compulsory execution, it shall urge the parties to perform their obligations. If the party concerned fails to perform its obligations ten days after the service of the reminder, the administrative organ may apply to the people's court with jurisdiction for compulsory execution; if the object of execution is real estate, it shall apply to the people's court with jurisdiction in the place where the real estate is located for compulsory execution.
Article 55 When applying to a people's court for compulsory execution, an administrative organ shall provide the following materials:
(I) application for compulsory execution;
(II) the administrative decision and the facts, reasons and basis for making the decision;
(III) the opinions of the parties concerned and the situation of the administrative organ's notice;
(IV) the subject matter of the application for enforcement;
Other materials prescribed by (V) laws and administrative regulations.
The application for compulsory execution shall be signed by the person in charge of the administrative organ, stamped with the seal of the administrative organ and dated.
Article 56 A people's court shall accept an application for compulsory execution by an administrative organ within five days.
If an administrative organ disagrees with the people's court's decision not to accept the application, it may apply to the people's court at the next higher level for reconsideration within 15 days, and the people's court at the next higher level shall make a decision on whether to accept the application within 15 days from the date of receipt of the application for reconsideration.
Article 57: The people's court shall conduct a written review of an administrative agency's application for enforcement, and if it complies with the provisions of Article 55 of this law and the administrative decision has the legal enforcement effect, except for the circumstances specified in Article 58 of this law, the people's court shall make an enforcement ruling within seven days from the date of acceptance.
Article 58 If a people's court finds any of the following circumstances, it may hear the opinions of the person subject to execution and the administrative organ before making a ruling:
(I) obviously lacking a factual basis;
The (II) obviously lacks the basis of laws and regulations;
(III) other obvious violations of the law and damage the lawful rights and interests of the person subject to enforcement.
The people's court shall, within 30 days from the date of acceptance, make a decision on whether to execute the case. If the decision is not to be executed, the reasons shall be stated and the decision not to be executed shall be delivered to the administrative organ within five days.
If an administrative organ disagrees with the decision of the people's court not to implement it, it may, within 15 days from the date of receipt of the decision, apply to the people's court at the next higher level for reconsideration, and the people's court at the next higher level shall, within 30 days from the date of receipt of the application for reconsideration, make a decision on whether to implement it.
Article 59 In case of emergency, in order to ensure public security, an administrative organ may apply to a people's court for immediate enforcement. With the approval of the president of the people's court, the people's court shall execute the execution within five days from the date of making the execution order.
Article 60 An administrative organ shall not pay the application fee if it applies to the people's court for compulsory execution. The costs of enforcement shall be borne by the person subject to enforcement.
If the people's court enforces enforcement by means of allocation or auction, it may deduct the cost of enforcement after the allocation or auction.
Auction of property in accordance with the law, the people's court entrusts the auction institution in accordance with 《the People's Republic of China auction methodThe provisions of.
Deposits, remittances and funds obtained from auctions and legal disposal shall be turned over to the State Treasury or transferred to a special financial account, and shall not be intercepted, privately divided or privately divided in any form.

Chapter VI Legal Liability
Article 61 Where an administrative organ implements administrative coercion and one of the following circumstances occurs, 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 punished according to law:
(I) without legal or regulatory basis;
(II) change the objects, conditions and ways of administrative compulsion;
(III) violation of legal procedures to implement administrative coercion;
(IV), in violation of the provisions of this Law, enforcing administrative enforcement at night or on a statutory holiday;
(V) force the party concerned to perform the relevant administrative decision by stopping water supply, power supply, heat supply, gas supply and other means;
(VI) there are other illegal implementation of administrative coercion.
Article 62 Where an administrative organ, in violation of the provisions of this Law, is under any of the following circumstances, the administrative organ at a higher level or a relevant department shall order it to make corrections, and the persons directly in charge and other persons directly responsible shall be punished according to law:
(I) expanding the scope of seizure, seizure or freezing;
(II) the use or destruction of places, facilities or property seized or impounded;
The (III) fails to make a decision to deal with the seizure or detention within the statutory period or fails to lift the seizure or detention in a timely manner in accordance with the law;
The (IV) fails to make a decision to deal with the freezing of deposits and remittances during the statutory period or fails to lift the freeze in a timely manner in accordance with the law.
Article 63 Where an administrative organ withholds, divides privately or in a disguised form the money obtained from the sealed-up or distrained property or the transferred deposits and remittances, as well as the money obtained from the auction and disposal according to law, the financial department or the relevant department shall recover the money; the person-in-charge and other persons directly responsible shall be punished by recording a major demerit, demotion, dismissal or dismissal according to law.
If a staff member of an administrative organ takes advantage of his position to take into his own possession the places, facilities or property that have been sealed up or detained, he shall be ordered by the administrative organ at a higher level or the department concerned to make corrections, and shall be punished by recording a major demerit, demotion, dismissal or dismissal in accordance with the law.
Article 64 Where an administrative organ or its functionaries take advantage of the power of administrative coercion to seek benefits for a unit or individual, the administrative organ at a higher level or the department concerned shall order it to make corrections, and the persons directly in charge and other persons directly responsible shall be punished in accordance with the law.
Article 65 If a financial institution, in violation of the provisions of this Law, commits any of the following acts, the financial industry supervision and administration institution shall order it to make corrections, and the persons directly in charge and other persons directly responsible shall be punished according to law:
(I) divulging information to the party before freezing;
The (II) does not freeze or transfer deposits and remittances that should be immediately frozen or transferred, resulting in the transfer of deposits and remittances;
(III) freezing or transferring deposits and remittances that should not be frozen or transferred;
The (IV) fails to lift the freeze on deposits and remittances in a timely manner.
Article 66 Where a financial institution, in violation of the provisions of this Law, transfers money to an account other than the State Treasury or a special financial account, the financial industry supervision and administration institution shall order it to make corrections and impose a fine of twice the amount of money illegally transferred; the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the law.
If, in violation of the provisions of this Law, an administrative organ or a people's court instructs a financial institution to transfer funds to an account other than the state treasury or a special financial account, the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the law.
Article 67 If a people's court and its staff commit an illegal act or expand the scope of compulsory execution, the person in charge directly responsible and other persons directly responsible shall be punished according to law.
Article 68 Anyone who violates the provisions of this Law and causes losses to citizens, legal persons or other organizations shall be compensated according to law.
Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter VII Supplementary Provisions
Article 69 The provisions of the time limit within ten days in this Law refer to working days, excluding statutory holidays.
Article 70 The provisions of this Law on administrative organs shall apply to organizations authorized by laws and administrative regulations with the function of managing public affairs that, within the scope of statutory authorization, implement administrative coercion in their own name.
Article 71 This Law shall come into force as of January 1, 2012.