行政处罚法(英文版)

行政处罚法（英文版）Administrative Punishment Law of the Peoples Republic of China正文： 行政处罚法（英文版）Administrative Punishment Law of the Peoples Republic of China法律英语网/english/03a/2.html中华人民共和国行政处罚法（英文版）Administrative Punishment Law of the Peoples Republic of ChinaAdministrative Punishment Law of the Peoples Republic of China - 1996(Adopted at the fourth session of the Eighth National Peoples Congress on March 17, 1996) Table of ContentsChapter I.General Provisions Chapter II.Types and Establishment of Administrative Punishments Chapter III.Organs Administering Administrative Punishments Chapter IV.Jurisdiction and Application of Administrative Punishments Chapter V.Decisions on Administrative Punishments Section 1. Simple Procedures Section 2. General Procedures Section 3. Procedure of Hearing Chapter VI.Execution of administrative punishments Chapter VII.Legal liability Chapter VIII.Supplementary provisions Chapter I. General Provisions Article 1.This law is enacted pursuant to the constitution, with a view to standardizing the establishment and administration of administrative punishments, guaranteeing and supervising the effective enforcement of executive commands by administrative organs, safeguarding public interests and social order, and protecting the legitimate rights and interests of citizens, legal persons or other organizations.Article 2.This law is applicable to the establishment and administration of administrative punishments.Article 3.The violations of the order of executive commands by citizens, legal persons or other organizations that merit administrative punishments shall be stipulated by laws, regulations or rules according to this law and the punishments are to be administered by administrative organs according to procedures stipulated in this law.Administrative punishments are invalid without legal basis or without following legal proceedings.Article 4.Administrative punishments follow the principle of fairness and openness.The establishment and administration of an administrative punishment must be based on facts and be corresponding to the facts, nature and circumstances of the offence against the law as well as the degree of its harm to society.The rules governing the meting out of administrative punishments for offences against the law must be promulgated; rules not promulgated shall not become the basis for administrative punishments.Article 5.The combination of punishments and education shall be upheld in administering administrative punishments and correcting offences against the law, so as to teach citizens, legal persons or other organizations to abide by the law consciously.Article 6.Citizens, legal persons or other organizations to which administrative organs have given administrative punishments enjoy the rights of statement and defense. If they do not agree with the administrative punishments, they have the right to apply for administrative reconsideration or to initiate administrative proceedings.Where citizens, legal persons or other organizations suffer losses from administrative punishments, which are illegally meted out by administrative organizations, they have the right to demand compensation.Article 7.Where citizens, legal persons or other organizations, which receive administrative punishments for violations of the law, cause losses to others with their offences against the law, they shall bear civil liability.Where offences against the law constitute crime, investigation shall be conducted to determine criminal responsibility; administrative punishments are not to replace criminal punishments.Chapter II. Types and Establishment of Administrative Punishments Article 8.Types of administrative punishments: (1) warning; (2) fines; (3) confiscating illegally-gained income and property; (4) ordering the suspension of production and operations; (5) provisionally suspending or revoking permits or licences; (6) administrative detention; (7) other administrative punishments stipulated in laws and administrative regulations.Article 9.Various types of administrative punishments can be established by laws.Administrative punishments that restrict personal freedom can only be established by laws.Article 10.Administrative regulations may establish administrative punishments exclusive of those restricting personal freedom.Where the law has stipulated administrative punishments for offences against law, but specific stipulations are necessary in administrative regulations, stipulations on the behavior that should receive administrative punishments and the types and extent of punishments must be formulated within the limits provided by law.Article 11.Local laws and regulations may establish administrative punishments exclusive of those restricting personal freedom and revoking operation licences of enterprises.Where the law and administrative regulations have stipulated administrative punishments on the offences against law, but specific stipulations are necessary in local laws and regulations, stipulations on the behaviour that should receive administrative punishments and the types and extent of punishments must be formulated within the limits provided by law and administrative regulations.Article 12.Rules and regulations formulated by ministries and commissions under the State Council may, within the limits provided by law and administrative regulations, make specific stipulations on the behaviour that should receive administrative punishments and on types and extent of the punishments.For behaviour that has not yet been subject to any laws or administrative regulations and behaviour violating the order of executive commands as stated in the aforementioned rules and regulations formulated by ministries and commissions under the State Council, administrative punishments, such as warnings and a certain amount of fine, may be established. The amounts of the fines are to be stipulated by the State Council.The State Council may authorize its directly subordinate organs that have the right of administrative punishment to make stipulations on administrative punishments according to the first and second paragraphs of this article.Rules and regulations formulated by provincial, autonomous regional and municipal peoples governments; peoples governments of cities where provincial and autonomous regional peoples governments are located; and peoples governments of larger cities, with the State Councils approval, may provide specific stipulations on the behaviour that should receive administrative punishments and types and extent of the punishments within the limits provided by law, rules and regulations.For behaviour which has not been subject to any laws or regulations yet and behaviour violating the order of executive commands as stated in the aforementioned rules and regulations formulated by peoples governments, administrative punishments, such as warnings and a certain amount of fine, may be established. The amounts of the fines are to be stipulated by standing committees of provincial, autonomous regional, or municipal peoples congresses.Article 14.Except for the stipulations in Articles 9, 10, 11, 12 and 13 of this law, other regulatory documents are not to establish administrative punishments.Chapter III. Organs Administering Administrative PunishmentsArticle 15.Administrative punishments are administered by administrative organs with the right of administrative punishment within the limits of their legal powers.Article 16.The State Council or provincial, autonomous regional and municipal peoples governments authorized by the State Council may designate an administrative organ to exercise the right of administrative punishment of relevant administrative organs, but the right of administrative punishment that restricts personal freedom can be exercised only by public security organs.Article 17.Organizations authorized by laws and regulations to manage public affairs may administer administrative punishments within the limits of their legal authority.Article 18.According to the stipulations in laws, rules or regulations, administrative organs may, within the limits of their legal powers, entrust organizations that meet the stipulations in Article 19 of this law to administer administrative punishments. Administrative organs shall not entrust other organizations or individuals to administer administrative punishments.The entrusting administrative organs shall be responsible for the entrusted organizations behavior of administering administrative punishments and bear legal responsibility for the consequences of the behavior.Within the scope of what they are entrusted, the entrusted organizations shall administer administrative punishments in the name of the entrusting administrative organs, and shall not re-entrust any other organizations or individuals to administer the administrative punishments.Article 19.The entrusted organizations shall meet the following requirements: (1) they shall be the institutions established according to law and managing public affairs; (2) they shall have staff who are familiar with relevant laws, rules, regulations and operations; (3) they shall be able to organize and conduct corresponding technical inspection or evaluation on offences against the law when necessary.Chapter IV. Jurisdiction and Application of Administrative Punishments Article 20.Administrative punishments are under the jurisdiction of an administrative organ with administrative punishment authority under the local peoples government at or above the county level in the place where the unlawful acts take place, unless otherwise specified by law or administrative regulations.Article 21.When the jurisdiction over a case is in dispute, the disputing parties shall refer the case for a decision to an administrative organ at a higher level which has jurisdiction over them .Article 22.When unlawful acts amount to crimes, the administrative organ in charge must refer the case to a judicial organ for investigation of criminal liability according to the law.Article 23.In carrying out administrative punishments, administrative organs should order parties concerned to correct their unlawful acts or to correct them within a specified period.Article 24.Parties concerned must not be given the administrative punishment of paying fine two or more times for one unlawful act.Article 25.Persons under 14 years of age are not to be given administrative punishments for their unlawful acts; instead, their custodians are to be ordered to discipline them. Persons over 14 but under 18 years of age are to be given lenient or reduced administrative punishments for their unlawful acts.Article 26.Mentally sick persons are not to be given administrative punishments for their unlawful acts if these acts are committed when they are unable to judge or control themselves; instead, their custodians are to be ordered to keep them under close watch and to send them for medical treatment. Persons suffering from intermittent insanity shall be given administrative punishments for their unlawful acts if these acts are committed when they are mentally normal.Article 27.Parties concerned who meet one of the following conditions shall be given lenient or reduced administrative punishments according to the law: (1) who voluntarily eliminate or reduce the damaging consequences resulting from their unlawful acts; (2) who commit unlawful acts under other peoples coercion; (3) who have won credit in helping administrative organs investigate unlawful acts; (4) other people who are given lenient or reduced administrative punishments.Those whose unlawful acts are minor and have not resulted in damaging consequences and who promptly correct their mistakes are not to be given administrative punishments.Article 28.If those whose unlawful acts amount to crimes have been put under administrative detention by an administrative organ and also have been sentenced to criminal detention or prison terms by a peoples court, their criminal detention or prison terms shall be reduced accordingly.If those whose unlawful acts amount to crimes have been fined by an administrative organ and are again ordered by a peoples court to pay a fine, the amount of fine shall be reduced accordingly.Article 29.Unless otherwise specified by law, those whose unlawful acts are not discovered within two years are not to be given administrative punishments.The aforementioned time limit is computed from the date when the unlawful acts take place; if the unlawful acts continue or of a continuous nature, the time limit is computed from the date when the unlawful acts terminate.Chapter V. Decisions on Administrative Punishments Article 30.If citizens, legal persons or other organizations shall be given administrative punishments according to the law for violating administrative management order, administrative organs must find out the facts; those whose unlawful acts are not clearly proved are not to be given administrative punishments.Article 31.Before making the decision to impose administrative punishments, administrative organs shall notify the parties concerned the facts, reasons and grounds on which the decision is made, as well as the rights that the parties concerned enjoy according to the law.Article 32.Parties concerned have the right to make a statement and to defend themselves. Administrative organs must fully hear the opinion of the parties concerned and shall verify the facts, reasons and evidence presented by the parties concerned. Administrative organs shall accept the facts, reasons and evidence presented by the parties concerned if these facts, reasons and evidence are valid.Administrative organs must not increase punishments for the parties concerned because they have defended themselves.Section 1. Simple Procedures Article 33.If, in a violation of the law where irrefutable facts can be produced and a legal basis provided for its handling, a civilian is liable to a fine of under 50 yuan and a legal person and other organizations are liable to a fine under 1,000 yuan or are liable to such administrative punishment as a warning, a decision on administrative punishment can be made on the spot. The relevant party should execute the decision on administrative punishment in accordance with Articles 46, 47 and 48 of this law.Article 34.When making an on-the-spot decision on administrative punishment, a law enforcement person should show his law enforcement identity card to the relevant party, fill out a numbered administrative punishment form, and give it to the relevant party on the spot.The administrative punishment form should explicitly contain the details of the relevant partys violation of the law; the basis for the administrative punishment; the amount, time and location of the fine; and the name of the administrative department. The law enforcement person should sign or seal the completed form.The law enforcement person should report this decision on administrative punishment to his administrative department for filing purposes.Article 35.If the relevant party does not agree with the on-the-spot decision on administrative punishment, he may apply for an administrative review or file an administrative lawsuit.Section 2. General Procedures Article 36.Apart from meting out an on-the-spot administrative punishment in accordance with Article 33 of this law, if an administrative department discovers any behavior by a civilian, a legal person or other organizations is liable to administrative punishment, it must completely, objectively and justly investigate the case and collect the relevant evidence; if necessary, it should conduct an inspection in accordance with law and regulations.Article 37.When an administrative department conducts an investigation or inspection, there must be present at least two law enforcement personnel, who must produce their identity cards to the relevant party. The relevant party should truthfully answer questions and cooperate in the investigation or inspection; no obstruction is allowed. Notes must be taken during questioning or inspection.An administrative department may conduct a sample survey in the course of collecting evidence. To prevent possible loss of evidence, and because it may be hard to obtain such evidence, it may be stored with registration on the approval of the person in charge of the administrative department. A decision should be made within seven days on how to handle it. During this period, the relevant party or other personnel are not allowed to destroy or transfer the evidence.If the law enforcement person and the relevant party have direct common interests, avoidance is necessary.Article 38.After the investigation, the person in charge of the administrative department should examine the investigation results and make one of the following decisions according to the merit of each case: (1) A decision on meting out administrative punishment to violations of law liable to administrative punishment, taking account of the seriousness of each case and its specific conditions.(2) A decision on not meting out administrative punishment to slight violations of law that are not liable to administrative punishment.(3) A decision on not applying administrative punishment to a case in which the facts cannot prove a violation of law.(4) A decision on submitting to a judicial department a case in which v