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Administrative Punishment Law of the People's Republic of China

Administrative Punishment Law of the People's Republic of China

(1996年3月17日第八届全国人民代表大会第四次会议通过 根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》第一次修正 根据2017年9月1日第十二届全国人民代表大会常务委员会第二十九次会议《关于修改〈中华人民共和国法官法〉等八部法律的决定》第二次修正 2021年1月22日第十三届全国人民代表大会常务委员会第二十五次会议修订)

table of Contents

Chapter XNUMX General

Chapter II Types and Setting of Administrative Penalties

Chapter III Implementing Organs of Administrative Penalties

Chapter IV Jurisdiction and Application of Administrative Penalties

Chapter V Decision on Administrative Penalty

  Section XNUMX General Provisions

  Section XNUMX Simple Procedures

  Section XNUMX General Procedures

  Section XNUMX Hearing Procedures

Chapter VI Enforcement of Administrative Penalties

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Chapter XNUMX General

Article XNUMX In order to regulate the setting and implementation of administrative penalties, guarantee and supervise the effective implementation of administrative management by administrative organs, maintain public interests and social order, and protect the legitimate rights and interests of citizens, legal persons or other organizations, this Law is formulated in accordance with the Constitution.

Second Administrative punishment refers to the act of administrative organs punishing citizens, legal persons or other organizations that violate the order of administrative management in the form of derogation of rights and interests or increased obligations.

Article 3 This Law shall apply to the setting and implementation of administrative penalties.

Article 4 Where a citizen, legal person or other organization violates the administrative order and should be given an administrative penalty, it shall be implemented by laws, regulations and rules in accordance with this Law, and shall be implemented by administrative organs in accordance with the procedures prescribed in this Law.

The fifth Administrative penalties follow the principles of fairness and openness.

The setting and implementation of administrative penalties must be based on facts, which are commensurate with the facts, nature, circumstances and social harm of the illegal act.

Provisions on administrative punishments for illegal acts must be published; those that have not been published shall not be used as the basis for administrative punishments.

Article XNUMX When implementing administrative penalties and correcting 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 XNUMX Citizens, legal persons or other organizations have the right to state and defend against administrative penalties imposed by administrative organs; if they refuse to accept the administrative penalty, they have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

Citizens, legal persons or other organizations that suffer damage due to administrative penalties imposed by administrative organs in violation of the law have the right to request compensation in accordance with the law.

eighth Citizens, legal persons or other organizations are subject to administrative penalties for illegal acts, and if their illegal acts cause damage to others, they shall bear civil liability in accordance with the law.

Where an illegal act constitutes a crime and should be investigated for criminal responsibility according to law, administrative punishment shall not be substituted for criminal punishment.

Chapter II Types and Setting of Administrative Penalties

Article XNUMX Types of administrative penalties:

(XNUMX) Warnings and circulars of criticism;

(XNUMX) Fines, confiscation of illegal gains, and confiscation of illegal property;

(XNUMX) Temporarily withholding licenses, lowering qualification levels, or revoking licenses;

(XNUMX) Restricting the development of production and business activities, ordering to suspend production and business, ordering to close down, and restricting employment;

(XNUMX) administrative detention;

(XNUMX) Other administrative penalties prescribed by laws and administrative regulations.

Article XNUMX The law can set various administrative penalties.

Administrative penalties for restricting personal freedom can only be set by law.

Article XNUMX Administrative regulations may set administrative penalties other than restrictions on personal freedom.

Laws have already made provisions on administrative punishments for illegal acts. If administrative regulations need to make specific provisions, they must be stipulated within the scope of the acts, types and ranges of administrative punishments prescribed by law.

The law does not provide administrative penalties for illegal acts, and administrative regulations may be supplemented with administrative penalties for the purpose of implementing laws.Where additional administrative penalties are to be set, opinions shall be widely listened to through hearings, demonstration meetings, etc., and a written explanation shall be given to the enacting organ.When an administrative regulation is submitted for recordation, it shall explain the additional setting of administrative penalties.

Article XNUMX Local regulations can set administrative penalties other than restricting personal freedom and revoking business licenses.

Laws and administrative regulations have already stipulated administrative penalties for illegal acts. If local regulations need to make specific regulations, they must be stipulated within the scope of the acts, types and ranges of administrative penalties stipulated in laws and administrative regulations.

Laws and administrative regulations do not provide administrative penalties for illegal acts, and local regulations may supplement administrative penalties for the implementation of laws and administrative regulations.Where additional administrative penalties are to be set, opinions shall be widely listened to through hearings, demonstration meetings, etc., and a written explanation shall be given to the enacting organ.When local regulations are submitted for recordation, they shall explain the circumstances of supplementary administrative penalties.

Article XNUMX The departmental rules 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.

Where laws and administrative regulations have not been formulated, the departmental rules of the State Council may set administrative penalties such as warnings, circulars of criticism or a certain amount of fines for violations of administrative order.The limit of fines shall be prescribed by the State Council.

Article XNUMX Local government regulations may make specific provisions within the scope of acts, types and ranges of administrative penalties prescribed by laws and regulations.

Where laws and regulations have not been formulated, local government rules may set administrative penalties such as warnings, circulars of criticism, or a certain amount of fines for violations of administrative order.The limits of fines shall be prescribed by the standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government.

Article XNUMX The departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and their relevant departments shall regularly organize and evaluate the implementation and necessity of administrative punishments, and shall propose amendments or abolitions of inappropriate administrative punishments, their types, and the amount of fines.

Article XNUMX Except for laws, regulations and rules, other normative documents shall not set administrative penalties.

Chapter III Implementing Organs of Administrative Penalties

Article XNUMX Administrative punishment shall be implemented by the administrative organ with the power of administrative punishment within the scope of statutory functions and powers.

Article XNUMX The state promotes the establishment of a comprehensive administrative law enforcement system in the fields of urban management, market supervision, ecological environment, cultural market, transportation, emergency management, and agriculture, and relatively centralizes the power of administrative punishment.

The State Council or the people's government of a province, autonomous region or municipality directly under the Central Government may decide an administrative organ to exercise the power of administrative punishment of the relevant administrative organ.

The power of administrative punishment to restrict personal freedom can only be exercised by public security organs and other organs stipulated by law.

Article XNUMX Organizations authorized by laws and regulations to manage public affairs may impose administrative penalties within the scope of statutory authorization.

Article XNUMX In accordance with the provisions of laws, regulations and rules, administrative organs may, within their statutory authority, authorize in writing an organization that meets the conditions specified in Article XNUMX of this Law to implement administrative penalties.Administrative organs shall not entrust other organizations or individuals to impose administrative penalties.

The power of attorney shall specify the specific matters, authority, time limit, etc. of the entrustment.The entrusted administrative organ and the entrusted organization shall publish the power of attorney to the public.

The entrusted administrative organ shall be responsible for supervising the entrusted organization's act of imposing administrative punishment, 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; it shall not entrust other organizations or individuals to implement administrative penalties.

Article XNUMX The delegated organization must meet the following criteria:

(XNUMX) It is established in accordance with the law and has the function of managing public affairs;

(XNUMX) Having staff who are familiar with relevant laws, regulations, rules and business and have obtained administrative law enforcement qualifications;

(XNUMX) Where it is necessary to conduct technical inspection or technical appraisal, the relevant technical inspection or technical appraisal shall be organized under conditions.

Chapter IV Jurisdiction and Application of Administrative Penalties

Article XNUMX Administrative punishment shall be under the jurisdiction of the administrative organ in the place where the illegal act occurred.Where laws, administrative regulations and departmental rules provide otherwise, such provisions shall prevail.

Article XNUMX Administrative punishment shall be under the jurisdiction of the administrative organ with the power of administrative punishment of the local people's government at or above the county level.Where laws and administrative regulations provide otherwise, such provisions shall prevail.

Article XNUMX Provinces, autonomous regions, and municipalities directly under the Central Government may, in light of the actual local conditions, decide to hand over the administrative punishment powers of the county-level people's government departments that are urgently needed by grassroots management to the township people's governments and sub-district offices that can effectively undertake them, and organize regular evaluations.Decisions should be made public.

Township people's governments and sub-district offices that undertake the power of administrative punishment shall strengthen the construction of law enforcement capacity, and implement administrative punishments within the prescribed scope and in accordance with legal procedures.

Relevant local people's governments and their departments shall strengthen organization and coordination, business guidance, and law enforcement supervision, establish and improve administrative penalty coordination and cooperation mechanisms, and improve review and assessment systems.

Article XNUMX Where two or more administrative organs have jurisdiction, the administrative organ that first files the case shall have jurisdiction.

If there is a dispute over jurisdiction, it shall be resolved through negotiation. If the negotiation fails, it shall be reported to the common higher-level administrative agency for designation of jurisdiction; it can also be directly designated by the common higher-level administrative agency.

Article XNUMX The administrative organ may submit a request for assistance to the relevant organ due to the need to implement administrative punishment.If the matter of assistance falls within the scope of the authority requested, it shall provide assistance in accordance with the law.

Article XNUMX Where an illegal act is suspected of committing a crime, the administrative organ shall promptly transfer the case to the judicial organ and investigate criminal responsibility according to law.For those who do not need to be investigated for criminal responsibility or exempt from criminal punishment according to law, but should be given administrative punishment, the judicial organ shall promptly transfer the case to the relevant administrative organ.

Administrative punishment enforcement agencies and judicial agencies should strengthen coordination and cooperation, establish and improve the case transfer system, strengthen the transfer and reception of evidence materials, and improve the case handling information notification mechanism.

Article XNUMX When an administrative organ imposes an administrative penalty, it shall order the party concerned to correct or correct the illegal act within a time limit.

If the parties have illegal gains, they shall be confiscated, except for those that should be refunded according to law.Illicit gains refer to money obtained from the commission of an illegal act.Where laws, administrative regulations and departmental rules have other provisions on the calculation of illegal gains, such provisions shall prevail.

Article XNUMX For the same illegal act of the party, the administrative penalty of more than two fines shall not be imposed.If the same illegal act violates multiple laws and regulations and should be punished with a fine, the punishment shall be based on the higher amount of the fine.

Article XNUMX If a minor under the age of fourteen commits an illegal act, no administrative penalty shall be imposed, and the guardian shall be ordered to discipline; a minor who has reached the age of fourteen but under the age of eighteen commits an illegal act, the administrative penalty shall be lighter or mitigated.

Article XNUMX Where mentally ill or mentally disabled persons commit illegal acts when they cannot identify or control their own behavior, they shall not be subject to administrative punishment, but their guardians shall be ordered to strictly monitor and treat them.If a patient with intermittent mental illness commits illegal acts when he is in a normal state of mind, he shall be given administrative punishment.A mentally ill or mentally disabled person who has not completely lost the ability to recognize or control his own behavior may be given a lighter or reduced administrative punishment if he commits an illegal act.

Article XNUMX If the party falls under any of the following circumstances, the administrative punishment shall be lighter or mitigated:

(XNUMX) Taking the initiative to eliminate or reduce the harmful consequences of illegal acts;

(XNUMX) Being coerced or induced by others to commit illegal acts;

(XNUMX) Voluntarily confessing illegal acts that the administrative organ has not yet grasped;

(XNUMX) Performing meritorious service by cooperating with administrative organs in investigating and punishing illegal acts;

(XNUMX) Where laws, regulations and rules stipulate other administrative penalties should be lighter or mitigated.

Article XNUMX If the violation is minor and corrected in a timely manner, and no harmful consequences are caused, no administrative penalty shall be imposed.Those who violate the law for the first time and the harmful consequences are minor and rectified in a timely manner may not be subject to administrative punishment.

If the parties have sufficient evidence to prove that there is no subjective fault, no administrative penalty shall be imposed.Where laws and administrative regulations provide otherwise, such provisions shall prevail.

If no administrative punishment is imposed on the parties for their illegal acts in accordance with the law, the administrative organs shall educate the parties.

Article XNUMX Administrative organs may formulate the discretionary benchmarks for administrative punishments in accordance with the law, and regulate the exercise of discretionary powers for administrative punishments.The discretionary benchmark for administrative punishment shall be announced to the public.

Article XNUMX If the illegal act constitutes a crime and the people's court has sentenced the party to criminal detention or fixed-term imprisonment, if the administrative organ has given the party to administrative detention, it shall be deducted from the corresponding sentence in accordance with the law.

If the illegal act constitutes a crime, when the people's court imposes a fine, if the administrative organ has already imposed a fine on the party concerned, it shall be deducted from the corresponding fine;

Article XNUMX If the illegal act is not discovered within two years, no administrative penalty will be imposed; if the life, health and financial safety of citizens are involved and there are harmful consequences, the above-mentioned period will be extended to five years.Except as otherwise provided by law.

The time limit specified in the preceding paragraph shall be calculated from the date of the occurrence of the illegal act; if the illegal act is in a continuous or continuous state, it shall be calculated from the date of the termination of the act.

Article XNUMX To implement administrative penalties, the provisions of the laws, regulations and rules at the time of the violation shall apply.However, when the administrative penalty decision is made, the laws, regulations, and rules have been revised or abolished, and the new provisions are lighter or not considered illegal, and the new provisions shall apply.

Article XNUMX If there is no basis for the administrative penalty or the subject of implementation does not have the qualifications of an administrative subject, the administrative penalty shall be invalid.

If the violation of statutory procedures constitutes a major and obvious violation of the law, the administrative penalty shall be invalid.

Chapter V Decision on Administrative Penalty

Section XNUMX General Provisions

Article XNUMX Information such as the implementing organ of administrative punishment, the basis for filing the case, the implementation procedure, and relief channels shall be made public.

Article XNUMX Where a citizen, legal person or other organization violates the administrative order and should be given an administrative punishment according to law, the administrative organ must find out the facts; if the facts of the violation are unclear and the evidence is insufficient, no administrative punishment shall be imposed.

Article XNUMX Where administrative organs use electronic technology monitoring equipment to collect and fix illegal facts in accordance with laws and administrative regulations, they shall go through legal and technical examinations to ensure that the electronic technology monitoring equipment meets standards, is reasonably installed, and has obvious signs, and the installation location shall be announced to the public.

Electronic technical monitoring equipment shall record the facts of violation of law in a true, clear, complete and accurate manner.Administrative organs shall examine whether the contents of the records meet the requirements; those that have not been examined or those that do not meet the requirements upon examination shall not be used as evidence for administrative punishment.

The administrative organ shall promptly inform the parties of the facts of the violation, and take information-based means or other measures to facilitate the parties' inquiries, statements and defenses.The right of statement and defense enjoyed by the parties shall not be restricted or in a disguised form.

Article XNUMX Administrative penalties shall be implemented by law enforcement personnel with administrative law enforcement qualifications.The number of law enforcement officers shall not be less than two, unless otherwise provided by law.

Law enforcement officers shall enforce the law in a civilized manner, respect and protect the legitimate rights and interests of the parties.

Article XNUMX Law enforcement officers who have a direct interest in the case or have other relationships that may affect impartial law enforcement should recuse themselves.

The parties have the right to apply for recusal if they believe that the law enforcement officers have a direct interest in the case or have other relationships that may affect impartial law enforcement.

Where a party applies for recusal, the administrative organ shall review it according to the law, and the person in charge of the administrative organ shall decide.Do not stop investigating until a decision is made.

Article XNUMX Before making an administrative penalty decision, the administrative organ shall inform the party of the content, facts, reasons, and basis of the proposed administrative penalty, and inform the party of the rights to state, defend, and request a hearing according to law.

Article XNUMX The parties have the right to make statements and defenses.The administrative organ must fully listen to the opinions of the parties concerned, 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 it.

Administrative organs shall not impose heavier penalties on the parties' statements and defenses.

Article XNUMX Evidence includes:

(XNUMX) documentary evidence;

(XNUMX) Physical evidence;

(XNUMX) audio-visual materials;

(XNUMX) Electronic data;

(XNUMX) Witness testimony;

(XNUMX) Statements by the parties;

(XNUMX) appraisal opinions;

(XNUMX) Inquiry records and on-site records.

Evidence must be verified to be true before it can be used as the basis for determining the facts of the case.

Evidence obtained by illegal means shall not be used as the basis for determining the facts of a case.

Article XNUMX Administrative organs shall, in accordance with the law, record the entire process of the initiation, investigation and evidence collection, review, decision, delivery, and enforcement of administrative penalties in the form of text, audio and video, and archive them for preservation.

Article XNUMX Administrative punishment decisions with certain social impact shall be made public in accordance with the law.

Where a public administrative penalty decision is legally altered, revoked, confirmed to be illegal, or confirmed to be invalid, the administrative organ shall withdraw the information on the administrative penalty decision and publicly explain the reasons within three days.

Article XNUMX In the event of a major infectious disease epidemic and other emergencies, in order to control, mitigate and eliminate the social harm caused by the emergencies, the administrative organs shall impose swift and severe penalties in accordance with the law on behaviors that violate the emergency response measures.

Article XNUMX Administrative organs and their staff members shall keep confidential the state secrets, business secrets or personal privacy that they learn in the process of imposing administrative penalties.

Section XNUMX Simple Procedures

Article XNUMX Where the facts of the violation are conclusive and there is a statutory basis, and an administrative penalty of less than XNUMX yuan is imposed on a citizen, and a fine of less than XNUMX yuan or a warning is imposed on a legal person or other organization, an administrative penalty decision may be made on the spot.If the law provides otherwise, such provisions shall prevail.

Article XNUMX Where law enforcement officers make a decision on administrative punishment on the spot, they shall show their law enforcement credentials to the party concerned, fill in a written administrative punishment decision in a predetermined format and numbered, and deliver it to the party on the spot.If the party refuses to sign for the receipt, it shall be indicated on the administrative penalty decision.

The administrative penalty decision prescribed in the preceding paragraph shall state the illegal act of the party concerned, the type and basis of the administrative penalty, the amount of the fine, the time and place, the method and time limit for applying for administrative reconsideration, filing an administrative lawsuit, and the name of the administrative organ, and shall be assigned by the law enforcement officers. Sign or stamp.

The administrative penalty decision made by law enforcement officers on the spot shall be reported to the administrative organ to which they belong for the record.

Article XNUMX The party concerned shall perform the administrative penalty decision made on the spot in accordance with the provisions of Articles XNUMX to XNUMX of this Law.

Section XNUMX General Procedures

Article XNUMX In addition to the administrative penalties that may be imposed on the spot as provided for in Article XNUMX of this Law, when an administrative organ discovers that a citizen, legal person or other organization has committed an act that should be given an administrative penalty in accordance with the law, it must conduct a comprehensive, objective and impartial investigation and collect relevant evidence; When necessary, inspections may be conducted in accordance with laws and regulations.

If the standards for filing a case are met, the administrative organ shall file the case in a timely manner.

Article XNUMX When conducting investigations or inspections, law enforcement officers shall take the initiative to present their law enforcement certificates to the parties or relevant personnel.The parties or relevant persons have the right to require law enforcement officers to produce their law enforcement certificates.If the law enforcement officers do not show their law enforcement certificates, the parties or relevant personnel have the right to refuse to accept the investigation or inspection.

The parties or relevant personnel shall truthfully answer inquiries and assist in investigations or inspections, and shall not refuse or obstruct.Inquiries or inspections shall be recorded.

Article XNUMX When collecting evidence, the administrative organ may adopt the method of sampling 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 be registered and preserved in advance, and a decision on handling shall be made in a timely manner within seven days. During the period, the parties or relevant personnel may not destroy or transfer evidence.

Article XNUMX After the investigation is over, the person in charge of the administrative organ shall review the investigation results and make the following decisions according to different circumstances:

(XNUMX) If there is indeed an illegal act that should be subject to administrative punishment, make an administrative punishment decision based on the seriousness and specific circumstances of the circumstances;

(XNUMX) If the illegal act is so minor that it can be exempted from administrative punishment according to law, no administrative punishment shall be imposed;

(XNUMX) If the facts of the violation cannot be established, no administrative penalty shall be imposed;

(XNUMX) If the illegal act is suspected of committing a crime, it shall be transferred to the judicial organ.

For complex or serious violations of the law to be given administrative penalties, the persons in charge of the administrative organs shall collectively discuss and decide.

Article XNUMX Under any of the following circumstances, before the person in charge of the administrative organ makes a decision on administrative punishment, the person who is engaged in the legal system review of the decision on administrative punishment shall conduct a legal system review; if the legal system review has not been carried out or the review fails, no decision shall be made:

(XNUMX) involving major public interests;

(XNUMX) It is directly related to the significant rights and interests of the party concerned or a third party and has gone through the hearing procedure;

(XNUMX) The case is difficult and complicated and involves multiple legal relationships;

(XNUMX) Other circumstances under which laws and regulations stipulate that legal review should be conducted.

Personnel in administrative organs who are engaged in legal review of administrative punishment decisions for the first time shall obtain legal professional qualifications through the unified national legal professional qualification examination.

Article XNUMX When an administrative organ imposes an administrative penalty in accordance with the provisions of Article XNUMX of this Law, it shall make a written decision on the administrative penalty.The administrative penalty decision shall specify the following matters:

(XNUMX) The name or title and address of the party concerned;

(XNUMX) Facts and evidence of violation of laws, regulations and rules;

(XNUMX) the types and basis of administrative penalties;

(XNUMX) The method and time limit for the implementation of the administrative penalty;

(XNUMX) The channels and time limit for applying for administrative reconsideration and filing an administrative lawsuit;

(XNUMX) The name of the administrative organ that made the decision on administrative punishment and the date of the decision.

The administrative penalty decision letter must be stamped with the seal of the administrative organ that made the administrative penalty decision.

Article XNUMX The administrative organ shall make an administrative penalty decision within XNUMX days from the date of filing the administrative penalty case.Where laws, regulations and rules provide otherwise, such provisions shall prevail.

Article XNUMX The written decision on administrative punishment 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, deliver the written decision on administrative punishment to the party in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China.

If the parties agree and sign a confirmation letter, the administrative organ may, by fax, e-mail, etc., deliver the administrative penalty decision to the parties.

Article XNUMX Before making an administrative penalty decision, the administrative organ and its law enforcement officers fail to inform the party concerned of the content, facts, reasons and basis of the proposed administrative penalty in accordance with the provisions of Articles XNUMX and XNUMX of this Law, or refuse to hear the party concerned. No decision of administrative penalty shall be made, unless the party expressly waives the right to make a statement or defense.

Section XNUMX Hearing Procedures

Article XNUMX When an administrative organ intends to make the following administrative penalty decisions, it shall inform the party concerned that it has the right to request a hearing. If the party requests a hearing, the administrative organ shall organize a hearing:

(XNUMX) a relatively large fine;

(XNUMX) confiscate a relatively large amount of illegal gains and confiscate illegal properties of relatively large value;

(XNUMX) Lowering the qualification level and revoking the license;

(XNUMX) Ordering to suspend production and business, ordering to close down, and restricting employment;

(XNUMX) Other heavier administrative penalties;

(XNUMX) Other circumstances stipulated by laws, regulations and rules.

The parties shall not bear the expenses for the administrative organ to organize the hearing.

Article XNUMX The hearing shall be organized according to the following procedures:

(XNUMX) Where a party requests a hearing, it shall be submitted within five days after the administrative organ informs it;

(XNUMX) The administrative organ shall notify the parties and relevant personnel of the time and place of the hearing seven days before the hearing;

(XNUMX) Hearings shall be held in public unless they involve state secrets, business secrets or personal privacy, which shall be kept confidential in accordance with the law;

(XNUMX) The hearing shall be presided over by the person who is not the investigator of the case designated by the administrative organ; the party concerned has the right to apply for withdrawal if he believes that the presiding officer has a direct interest in the case;

(XNUMX) The parties may participate in the hearing in person, or may entrust one or two persons to represent them;

(XNUMX) If the parties and their agents refuse to attend the hearing without justifiable reasons or withdraw from the hearing without permission, they shall be deemed to have waived the right to the hearing, and the administrative organ shall terminate the hearing;

(XNUMX) When the hearing is held, the investigators put forward the facts, evidence and suggestions for administrative punishment of the violation of the law by the parties, and the parties make defense and cross-examination;

(XNUMX) A transcript shall be made for the hearing.The transcripts shall be handed over to the parties or their agents for verification and signed or sealed.If the parties or their representatives refuse to sign or affix their seals, the presiding officer of the hearing shall make a note in the transcript.

Article XNUMX After the hearing, the administrative organ shall make a decision based on the hearing record and in accordance with the provisions of Article XNUMX of this Law.

Chapter VI Enforcement of Administrative Penalties

Article XNUMX After the administrative penalty decision is made in accordance with the law, the party concerned shall perform it within the time limit specified in the administrative penalty decision.

If the party concerned does have financial difficulties and needs to postpone or pay the fine in installments, the payment may be postponed or paid in installments upon the application of the party concerned and the approval of the administrative organ.

Article XNUMX The administrative organ that makes the fine decision shall be separated from the organ that collects the fine.

Except for the fines collected on the spot in accordance with the provisions of Articles XNUMX and XNUMX of this Law, the administrative organ that makes the decision on administrative punishment and its law enforcement officers shall not collect fines on their own.

The party concerned shall pay the fine at the designated bank or through the electronic payment system within XNUMX days from the date of receipt of the administrative penalty decision.Banks should collect fines and pay them directly to the state treasury.

Article XNUMX In accordance with the provisions of Article XNUMX of this Law, an administrative penalty decision is made on the spot, and in any of the following circumstances, law enforcement officers may collect the fine on the spot:

(XNUMX) A fine of not more than XNUMX yuan is imposed in accordance with the law;

(XNUMX) It is difficult to execute after the seizure is not made on the spot.

Article XNUMX In remote, water, and inconvenient areas, after the administrative organ and its law enforcement officers make a decision on fines in accordance with the provisions of Articles XNUMX and XNUMX of this Law, it is true that the party concerned pays the fine at the designated bank or through the electronic payment system. If it is difficult, the administrative organ and its law enforcement officers may collect the fine on the spot upon the request of the party concerned.

Article XNUMX If the administrative organ and its law enforcement officers collect fines on the spot, they must present to the parties special bills produced and issued by the financial department of the State Council or the financial departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government; refuse to pay the fine.

Article XNUMX Fines collected on the spot by law enforcement officers shall be handed over to the administrative organ within two days from the date of collection; fines collected on the spot on the water shall be handed over to the administrative organ within two days from the date of landing; the administrative organ shall Fines are paid to designated banks.

Article XNUMX If the party concerned fails to perform the administrative penalty decision within the time limit, the administrative organ that made the administrative penalty decision may take the following measures:

(XNUMX) If the fine is not paid by the due date, an additional fine shall be imposed at the rate of XNUMX% of the fine amount each day, and the amount of the additional fine shall not exceed the amount of the fine;

(XNUMX) According to the law, auction the seized or seized properties, deal with them in accordance with the law, or transfer the frozen deposits and remittances to offset the fines;

(XNUMX) To adopt other administrative enforcement methods in accordance with the provisions of the law;

(XNUMX) Apply to the people's court for compulsory execution in accordance with the "Administrative Compulsory Law of the People's Republic of China".

If the administrative organ approves the postponement or instalment payment of fines, the time limit for applying to the people's court for compulsory execution shall be calculated from the end of the time limit for postponement or instalment payment of fines.

Article XNUMX If the party concerned refuses to accept the administrative penalty decision, applies for administrative reconsideration or initiates an administrative lawsuit, the administrative penalty shall not be suspended, unless otherwise stipulated by law.

If the party concerned refuses to accept the decision of the administrative penalty restricting personal freedom and applies for administrative reconsideration or initiates an administrative lawsuit, he may apply to the organ that made the decision to suspend the execution.If the circumstances stipulated by law are met, the execution shall be suspended.

Where a party applies for administrative reconsideration or initiates an administrative lawsuit, the amount of the additional fine shall not be calculated during the period of administrative reconsideration or administrative lawsuit.

Article XNUMX Except for items that should be destroyed according to law, illegal property confiscated according to law must be publicly auctioned or disposed of in accordance with relevant state regulations.

Fines, confiscated illegal gains or confiscated illegal property auction funds must be turned over to the state treasury in full, and no administrative organ or individual may withhold, privately share or share in a disguised form in any form.

Fines, confiscated illegal gains or confiscated auction proceeds of illegal properties shall not be directly or disguisedly linked to the assessment and evaluation of the administrative organ and its staff that make the decision on administrative punishment.Except for those that should be refunded or compensated according to law, the financial department shall not in any form return the fines, confiscated illegal gains or confiscated auctions of illegal properties to the administrative organ that made the administrative penalty decision.

Article XNUMX Administrative organs shall establish and improve the supervision system for administrative penalties.The people's government at or above the county level shall regularly organize and conduct administrative law enforcement reviews and assessments, strengthen the supervision and inspection of administrative penalties, and regulate and guarantee the implementation of administrative penalties.

Administrative organs shall accept social supervision when imposing administrative penalties.Citizens, legal persons, or other organizations have the right to appeal or report on administrative punishments imposed by administrative organs; administrative organs shall conduct serious examinations and take the initiative to correct them if they find mistakes.

Chapter VII Legal Liability

Article XNUMX When an administrative organ imposes an administrative penalty and falls under any of the following circumstances, the administrative organ at a higher level or the relevant organ shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(XNUMX) There is no statutory basis for administrative punishment;

(XNUMX) Changing the type and range of administrative punishment without authorization;

(XNUMX) Violating statutory administrative punishment procedures;

(XNUMX) Violating the provisions on entrusted punishment in Article XNUMX of this Law;

(XNUMX) Law enforcement officers have not obtained law enforcement certificates.

If the administrative organ fails to file a case that meets the filing standards in a timely manner, it shall deal with it in accordance with the provisions of the preceding paragraph.

Article XNUMX If an administrative organ imposes a penalty on a party without the use of fines, confiscation of property documents, or the use of fines or confiscation of property documents issued by non-statutory departments, the party concerned shall have the right to refuse and report the violation. The documents shall be confiscated and destroyed, and the directly responsible persons in charge and other directly responsible persons shall be punished according to law.

Article XNUMX If an administrative organ collects fines by itself in violation of the provisions of Article XNUMX of this Law, and if the financial department violates the provisions of Article XNUMX of this Law to return the fine, confiscated illegal gains or auction money to the administrative organ, the administrative organ at a higher level or the relevant The organ shall order it to make corrections, and punish the directly responsible person in charge and other directly responsible personnel in accordance with the law.

Article XNUMX If the administrative organ intercepts, secretly distributes or secretly distributes the fined or confiscated illegal gains or property in a disguised form, the finance department or the relevant organ shall recover it, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; if the circumstances are serious enough to constitute a crime, Investigate criminal responsibility according to law.

Law enforcement officers take advantage of their positions to solicit or accept property from others, and take the collected fines as their own. If a crime is constituted, criminal responsibility shall be investigated according to law; if the circumstances are minor and do not constitute a crime, punishment shall be given according to law.

Article XNUMX If the administrative organ uses or damages the sealed or seized property, causing losses to the parties, it shall make compensation in accordance with the law, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law.

Article XNUMX If an administrative organ illegally implements inspection measures or enforcement measures, causing damage to citizens' personal or property, or causing losses to legal persons or other organizations, compensation shall be made in accordance with the law, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is committed, criminal responsibility shall be investigated according to law.

Article XNUMX Administrative organs do not transfer cases that should be handed over to judicial organs for investigation of criminal responsibility according to law, replace criminal punishments with administrative punishments, order corrections by higher-level administrative organs or relevant organs, and impose sanctions on the directly responsible person in charge and other directly responsible personnel according to law; if the circumstances are serious Constitute a crime, be held criminally responsible.

Article XNUMX If the administrative organ fails to stop or punish illegal acts that should be stopped and punished, resulting in damage to the lawful rights and interests, public interests and social order of citizens, legal persons or other organizations, the directly responsible person in charge and other directly responsible personnel shall be punished 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 XNUMX This Law shall apply to foreigners, stateless persons, and foreign organizations that have violated the law within the territory of the People's Republic of China, and shall be subject to administrative penalties, unless otherwise provided by law.

Article XNUMX The provisions of "two days", "three days", "fifth days" and "seven days" in this law refer to working days, excluding statutory holidays.

Article XNUMX This law shall come into force on January 2021, 7.

来源:http://www.npc.gov.cn/npc/c30834/202101/49b50d96743946bda545ef0c333830b4.shtml

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