Standing Committee of the national people's Congress on revising the People's Republic of China Law on administrative penalties for public security decisions

(October 26, 2012 the 29th meeting of the Standing Committee of the 11th NPC on October 26, 2012 People's Republic of China President to 67th, published since January 1, 2013) the 29th meeting of the Standing Committee of the 11th NPC decision on the People's Republic of China Public Security Administration Punishment Act read as follows:

60th fourth amended as: "be, deprived of political rights by law enforcement or probation, and temporary execution of criminals or the imposition of criminal compulsory measures by law enforcement who violate laws, administrative regulations or regulation on supervision and management of the relevant departments of the State Council".

This decision shall enter into force on January 1, 2013.

People's Republic of China public security management punishment law be revised according to this decision, republished.　Attachment: People's Republic of China Law on public security administration punishments 2012 (revised) (August 28, 2005, deputies of the 17th meeting of the Standing Committee by August 28, 2005 People's Republic of China President to 38th, published since March 1, 2006, October 26, 2012, the 29th meeting of the Standing Committee of the 11th NPC, through

October 26, 2012 People's Republic of China President to 67th, published since January 1, 2013, the Standing Committee of the national people's Congress to amend of People's Republic of China decision to amend the law on public security administration punishments)

Directory first chapter General second chapter punishment of type and applies third chapter violation security management of behavior and punishment first section disrupt public order of behavior and punishment second section prejudice public security of behavior and punishment third section violations personal right, and property right of behavior and punishment fourth section prejudice social management of behavior and punishment fourth chapter punishment program first section survey second section decided third section implementation fifth chapter law enforcement supervision sixth chapter schedule first chapter General

First to maintain social order and protect public safety, protect the legitimate rights and interests of citizens, legal persons and other organizations, standardizing and safeguarding public security organs and people's police carry out policing duties in accordance with law, this law is enacted.

Article disturbs public order and jeopardizing public safety, violation of personal rights, property rights and jeopardizing social management, socially dangerous, according to the People's Republic of China criminal law provisions of the Act constitutes a crime, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, by the public security authorities in accordance with this law, impose administrative penalties for public security.

Article III administrative penalties for public security programs, apply the provisions of this law; no provisions of this law, shall apply to the People's Republic of China relevant provisions of the law on administrative punishments.

Fourth in the People's Republic of China acts violating the administration of public security within the territory, except when otherwise stipulated by law, this law shall apply.

People's Republic of China ships and acts violating the administration of public security within the aircraft, except when otherwise stipulated by law, this law shall apply.

Fifth administrative penalties for public security must be based on facts, and acts violating the administration of the nature, circumstances and degree of social danger.

Implementation of administrative penalties for public security, should be open and fair, respecting and safeguarding human rights, protection of human dignity.

Handling cases of public security should adhere to the principle of combining education with punishment.

Sixth people's Governments at various levels shall strengthen the comprehensive management of public security, and to take effective measures to resolve social conflicts, promoting social harmony and maintain social stability. Article seventh public security departments are responsible for the country's public security administration under the State Council.

Local people's Governments at or above the county level responsible for the administration of public security organs of law and order in management.

Jurisdiction of the case by the public security department under the State Council.

Article eighth acts violating the administration of causing the damage, the perpetrator or his guardian shall bear civil liability. Nineth due to civil disputes arising from fighting or damage to other people's property and other acts violating the Administration, minor, the public security organs of mediation. Conciliation by the public security organs, the parties reached an agreement, not to punish.

Mediation no agreement or agreement is not fulfilled, the public security organs shall, in accordance with the provisions of this law to give punishment for violating the Administration and shall inform the parties of civil disputes can be brought before the people's Court according to law of civil procedure.

Chapter punishment category and article tenth of punishment in respect to management of public security categories are divided into: (a) a warning, (ii) a fine of, (iii) administrative detention; (d) revoke permits issued by the public security organs.

To foreigners violating the Administration, you can exit and expulsion imposed deadline.

11th in handling public security cases seized contraband such as drugs, pornographic material, gambling paraphernalia, gambling, drug ingestion or injection equipment and direct tool for implementing acts violating the administration of all, should be collected, in accordance with the regulations.

Acts violating the administration of the property, recovered to return the person without a victim of, register, by public auction or in accordance with the relevant provisions of the State and the proceeds turned over to the State Treasury.

12th has reached the age of 14 under the age of 18 who violates the administration of public security, a lighter or mitigated punishment under 14 years of age who violates the administration of public security shall not be penalized, but shall order the guardian to strict discipline. 13th a mental patient is unable to recognize or control their actions violate the administration of public security shall not be penalized, but shall order the guardian under strict surveillance and treatment.

Intermittent mental patients at the sane time violate the administration of public security, should be punished.

14th blind or deaf and dumb person who violates the administration of public security, can be given a lighter or mitigated punishment or no punishment.

15th an intoxicated person who violates the administration of public security shall be punished.

A drunken man in a drunken state, danger to himself or to others persons, property or public safety threat, protective measures should be taken to sober up. 16th there are two or more acts violating the administration of, respectively, decided concurrently.

Administrative penalty concurrently, most not exceed 20th.

Article 17th together violate the administration of public security, according to acts violating the Administration who played a role in the acts violating the Administration, penalties, respectively.

He instigates, coerces, coerces others to violate the administration of public security, in accordance with its seriousness acts he instigates, coerces or punishment. 18th violates the administration of public security, directly responsible to the head of personnel and other persons in accordance with the provisions of this law.

Other laws and administrative regulations of the same punishment shall be imposed, in accordance with its provisions.

19th article violation security management has following case one of of, reduce punishment or not punishment: (a) plot special minor of; (ii) active elimination or reduce illegal consequences, and made was against people understanding of; (three) for others stress or lured of; (four) active surrendered, to police organ truthfully statement himself of violations of; (five) has meritorious service performance of.

Article 20th violating the administration of any of the following circumstances, a heavier punishment: (a) have more severe consequences, (ii) instigates, coerces, coerces others to violate the administration of public security; (c) for informants, an accused person, informant, witness retaliation and (iv) six months received administrative penalties for public security.

21st article violation security management behavior people has following case one of, in accordance with this method should give administrative detention punishment of, not implementation administrative detention punishment: (a) has full 14 age discontent 16 age of; (ii) has full 16 age discontent 18 age, initial violation security management of; (three) 70 age above of; (four) pregnancy or nursing himself discontent one age baby of.

22nd acts violating the Administration in not discovered by the public security organs within six months, not punishment.

The period of time specified in the preceding paragraph, from the date on which the acts violating the Administration; acts violating the administration there is continuous or continuing status, from the date on which the Act ended. Third chapter violation security management of behavior and punishment first section disrupt public order of behavior and punishment 23rd article has following behavior one of of, at warning or 200 Yuan following fine; plot more heavy of, at 5th above 10th following detention, can and at 500 Yuan following fine: (a) disrupt organ, and groups, and enterprise, and institutions order, led work, and production, and business, and medical, and teaching, and research cannot normal for, yet caused serious loss of; (ii) disrupt station, and port, and Terminal, and airport, and Mall, and Park

, Exhibition halls or other public places in the order; (c) disrupted bus, tram, train, ship, aircraft or other means of public transport on the order; (iv) illegal interception or strong, grilled by motor vehicles, vessels, aircraft and other means of transport, influence transport driving; (e) disrupting the order of elections conducted in accordance with law.

Mass implementation of the preceding paragraph, the ringleaders more than 10th to 15th following detention, may be fined a maximum of 1000 Yuan. 24th article has following behavior one of, disrupt culture, and sports, large mass activities order of, at warning or 200 Yuan following fine; plot serious of, at 5th above 10th following detention, can and at 500 Yuan following fine: (a) forced into field within of; (ii) violation provides, presence within discharge fireworks firecrackers or other items of; (three) show insult sex slogans, and banners, items of; (four) siege referee, and athletes or other staff of; (five) to field within threw debris,

Not to be stopped; (f) disturbing the order of large-scale mass activities other activities.

Punishment of detention for disturbing sports match order, you can also order the 12-month period shall not enter the stadium to watch the same game; breach to enter stadiums, forcibly taken away from the scene.
25th under any of the following acts, 5th to 10th over detention, may be fined a maximum of 500 Yuan; minor, 5th detained or fined a maximum of 500: (a) spread rumors, lied about danger, outbreak, warning signal or otherwise intentionally disturb public order;

(B) put in false explosive, poisonous, radioactive, corrosive substances or contagious-disease pathogens and other hazardous substances of disturbing public order and (iii) threatened the implementation of fire, explosion, release of dangerous substances to disrupt public order.

26th article has following behavior one of of, at 5th above 10th following detention, can and at 500 Yuan following fine; plot more heavy of, at 10th above 15th following detention, can and at 1000 Yuan following fine: (a) partnership fights of; (ii) Chase, and intercept others of; (three) strong took hard to or any damaged, and occupied public-private property of; (four) other belligerent trouble behavior.

27th article has following behavior one of of, at 10th above 15th following detention, can and at 1000 Yuan following fine; plot more light of, at 5th above 10th following detention, can and at 500 Yuan following fine: (a) Organization, and abetting, and stress, and lured, and incitement others engaged in cult, and secret societies activities or using cult, and secret societies, and superstition activities, disrupt social order, and damage others body health of; (ii) take with religious, and qigong name for disrupt social order, and damage others body health activities of.

28th article in violation of State regulations, and intentionally interferes with the radio business, or normal operation of the radio (station) of harmful interference, after the authorities concerned pointed out that, refusing to take effective measures to eliminate, 5th to 10th over detention in serious cases, 10th to 15th over detention.

29th article has following behavior one of of, at 5th following detention; plot more heavy of, at 5th above 10th following detention: (a) violation national provides, invaded computer information system, caused against of; (ii) violation national provides, on computer information system function for delete, and modified, and increased, and interference, caused computer information system cannot normal run of; (three) violation national provides, on computer information system in the storage, and processing, and transmission of data and application for delete, and modified, and increased of;

(D) intentionally producing and disseminating computer viruses and other destructive programs, affecting the normal operation of the computer information system.

Section II is detrimental to public security and penalties article 30th in violation of State regulations, manufacture, trade, Stockpiling, transporting, mailing, carrying, use, provide, disposal of explosive, toxic, radioactive, corrosive substances or contagious-disease pathogens and other hazardous substances, 10th to 15th over detention; minor, 5th to 10th over detention.

Article 31st of explosive, toxic, radioactive, corrosive substances or contagious-disease pathogens and other hazardous substances are stolen, robbed or lost, not reported, 5th detainment, deliberate concealment, 5th to 10th over detention.

32nd unlawful carrying of firearms, ammunition, or crossbows, daggers and other controls set by the State apparatus, 5th following detention, may be fined a maximum of 500 Yuan; minor, warning or fined a maximum of 200 Yuan.

Illegal possession of firearms or ammunition, or crossbows, daggers and other countries control apparatus provided access to public places or on public transport, 5th to 10th over detention, may be fined a maximum of 500 Yuan.

33rd article has following behavior one of of, at 10th above 15th following detention: (a) theft, and damaged oil and gas pipeline facilities, and power telecommunications facilities, and broadcast TV facilities, and water flood engineering facilities or hydrological monitoring, and measurement, and meteorological forecast, and environment monitoring, and geological monitoring, and earthquake monitoring, public facilities of; (ii) mobile, and damaged national border of pillar, and pillar and other border logo, and border facilities or territory, and territorial waters logo facilities of;

(C) illegal country (border) activity or the construction of the line to impede the country (border) management of facilities.

Article 34th theft, damage, or move the use of aviation facilities, or to break into the cockpit of the aircraft, 10th to 15th over detention.

Aircraft in use might affect the normal function of the navigation system for use on appliances, tools, do not scatter, 5th detained or fined a maximum of 500 Yuan.

35th article has following behavior one of of, at 5th above 10th following detention, can and at 500 Yuan following fine; plot more light of, at 5th following detention or 500 Yuan following fine: (a) theft, and damaged or unauthorized mobile railway facilities, and equipment, and locomotive vehicles accessories or security logo of; (ii) in railway line road placed obstacles, or deliberately to train threw items of; (three) in railway line, and bridge, and culvert at mining pit points, and quarrying take sand of;

(D) on a railway track Kangaroo crossing or cross the aisle.

36th trespassing on railway fence or train comes walking the line sit, grab rail, affect driving safety, warning or fined a maximum of 200 Yuan. 37th article has following behavior one of of, at 5th following detention or 500 Yuan following fine; plot serious of, at 5th above 10th following detention, can and at 500 Yuan following fine: (a) without approved, installation, and using grid of, or installation, and using grid not meet security provides of; (ii) in vehicles, and pedestrian passage of place construction, on ditch well Kan points not set cover real, and anti-surrounding and warning logo of, or deliberately damaged, and mobile cover real, and anti-surrounding and warning logo of; (three) theft, and

Damage to pavement covers, lighting, and other public facilities.

Article 38th organize large-scale mass activities such as culture, sport, in violation of relevant regulations, there is danger of accidents shall be ordered to stop activities, immediate evacuation organizers more than 5th to 10th following detention and fined 200 Yuan and 500 Yuan; minor, 5th detained or fined a maximum of 500 Yuan.

39th hotels, restaurants, theatres, entertainment centers, sports grounds, exhibition halls or other public place of management personnel, security violations, led the field all in danger of accidents, public security organs ordered corrective action and refused to correct, 5th a detention. Third section violations personal right, and property right of behavior and punishment 40th article has following behavior one of of, at 10th above 15th following detention, and at 500 Yuan above 1000 Yuan following fine; plot more light of, at 5th above 10th following detention, and at 200 Yuan above 500 Yuan following fine: (a) Organization, and stress, and lured discontent 16 age of people or disabled for terrorist, and cruel performances of; (ii) to violence, and threat or other means forced others labor of; (three) illegal limit others liberty, and

Illegally breaking into others ' houses or unlawful search of the body of another.

41st, coerces or uses other people to beg, 10th to 15th over detention, may be fined a maximum of 1000 Yuan.

Harping, forced to beg or begging to other forms of harassment, 5th to be detained or warned. 42nd article has following behavior one of of, at 5th following detention or 500 Yuan following fine; plot more heavy of, at 5th above 10th following detention, can and at 500 Yuan following fine: (a) wrote intimidation letter or to other method threat others personal security of; (ii) flagrant insult others or fabricated facts defamation others of; (three) fabricated facts falsely accused framed others, attempts to makes others by criminal held or by security management punishment of; (four) on witnesses and near relatives for threat, and insult, and

Beating or retaliating against (v) repeatedly sending obscene, insulting, threatening, or other information, disturbing others ' normal lives; (vi) voyeur, candid, wiretapping, distribute the privacy of others.

Article 43rd battering or wilful grievous bodily harm, 5th to 10th over detention and fined 200 Yuan and 500 Yuan; minor, 5th detained or fined a maximum of 500 Yuan.

Any of the following circumstances, 10th to 15th over detention, and between 1000 and 500 Yuan the following penalties: (a) the gang assault, harm to others, and (b) beaten, hurt people with disabilities, pregnant women, persons under 14 years of age or over 60 years old and (iii) has beaten, hurt someone or assaulting, injuring many people.

Article 44th of indecency, or intentionally naked in a public place, aggravated, 5th to 10th over detention; profanity of intellectual disabilities, mental patients, persons under 14 years of age or have other serious circumstances, 10th to 15th over detention.

45th under any of the following acts, 5th detained or given a warning: (a) the maltreatment of family members, abused people require treatment; (b) the dependants of the left without the ability to live independently.

Article 46th hard sell goods, forcing the others to provide services or to accept service, 5th to 10th over detention and fined 200 Yuan and 500 Yuan; minor, 5th detained or fined a maximum of 500 Yuan.

47th incitement to ethnic hatred or ethnic discrimination, or publication, published in the computer information network and national discrimination, insult, 10th to 15th over detention, may be fined a maximum of 1000 Yuan.

48th article under false pretenses, conceals, destroys, opened without authorization or illegal check the messages of others, 5th detained or fined a maximum of 500 Yuan.

49th theft, fraud, looting, plunder, extortion or intentionally damaging public or private property, 5th to 10th over detention, may be fined a maximum of 500; the plot of, 10th to 15th over detention, may be fined a maximum of 1000 Yuan.

Fourth section prejudice social management of behavior and punishment 50th article has following behavior one of of, at warning or 200 Yuan following fine; plot serious of, at 5th above 10th following detention, can and at 500 Yuan following fine: (a) refused to implementation Government in emergency situation Xia law released of decided, and command of; (ii) hinder state staff law implementation positions of; (three) hinder implementation emergency task of fire engine, and ambulance, and engineering rescue car, and police, vehicles passage of;

(D) broke into the police alert, alert areas.
Hinder the police from performing their duties, a heavier punishment.

51st pretending to State personnel or to any other false identities and bluff, 5th to 10th over detention, may be fined a maximum of 500 Yuan; minor, 5th detained or fined a maximum of 500 Yuan.

Impersonating a police officer and bluff, a heavier punishment. 52nd article has following behavior one of of, at 10th above 15th following detention, can and at 1000 Yuan following fine; plot more light of, at 5th above 10th following detention, can and at 500 Yuan following fine: (a) forged, and variable made or sale State, and civic, and enterprise, and institutions or other organization of documents, and documents, and proved file, and seal of; (ii) sale or using forged, and variable made of State, and civic, and enterprise, and institutions or other organization of documents, and documents, and

Documentation; (c) forging, altering, ticket, ticket, air tickets, performance tickets, sports tickets or other valuable coupons, vouchers, and (iv) forging or altering ship cards, trading or the use of forged or altered vessels, or alter the engine numbers of ships.

53rd docked ships trespassing, the State prohibited, limited access to water or island, the vessel owner and responsibilities between 1000 and 500 Yuan RMB penalty in serious cases, 5th detained and fined a maximum of between 1000 and 500 Yuan. 54th article has following behavior one of of, at 10th above 15th following detention, and at 500 Yuan above 1000 Yuan following fine; plot more light of, at 5th following detention or 500 Yuan following fine: (a) violation national provides, without registered registration, to social groups name for activities, was banned Hou, still for activities of; (ii) was law revoked registration of social groups, still to social groups name for activities of; (three) without license,

Unauthorized business license needed by public security organs in accordance with national industry.

The third act of the preceding paragraph, shall be banned.

The operators obtain a police permit, in violation of the relevant regulations, the circumstances are serious, the public security authorities can revoke a license.

55th inciting, planning an illegal Assembly, marches and demonstrations do not scatter, 10th to 15th over detention.

56th passengers not complying with the provisions of the staff of the hotel and guesthouse accommodation registration name, identification document type and number, or dangerous substances into the hotel knowing that accommodation of passengers, action to stop, fined a maximum of between 500 Yuan and 200 Yuan.

Hotel staff know that accommodation of passengers is a crime suspects or persons wanted by public security organs not to report to the public security organs, fined a maximum of 200 Yuan and 500 yuan in serious, 5th following detention, may be fined a maximum of 500 Yuan.

57th rental will rent to undocumented people live, or not complying with the requirement for registered lessee names, identification type and number, fined a maximum of between 500 Yuan and 200 Yuan.

Rent knows the tenant using the leased premises to carry out criminal activities, not to report to the public security organs, fined a maximum of 200 Yuan and 500 yuan in serious, 5th following detention, may be fined a maximum of 500 Yuan.

Article 58th violating noise pollution laws on social life, create noise disturbing others ' normal lives, warning warning do not make the corrections, fined a maximum of between 500 Yuan and 200 Yuan. 59th article has following behavior one of of, at 500 Yuan above 1000 Yuan following fine; plot serious of, at 5th above 10th following detention, and at 500 Yuan above 1000 Yuan following fine: (a) pawn industry staff undertake pawn of items, not identification about proved, and not perform registration procedures, or knows is illegal crime suspects, and booty, not to police organ report of; (ii) violation national provides, acquisition railway, and oilfield, and power, and telecommunications, and mine, and water, and

Measurement and municipal utilities, such as waste equipment, (iii) for public security authorities searched for the stolen goods or suspected stolen goods, (iv) purchase against the purchase of other goods. 60th article has following behavior one of of, at 5th above 10th following detention, and at 200 Yuan above 500 Yuan following fine: (a) hidden, and transfer, and sold or damaged administrative law enforcement organ law seized, and seized, and freeze of property of; (ii) forged, and hidden, and destruction evidence or provides false testimony, and lied about case, effect administrative law enforcement organ law case of; (three) knows is booty and harbouring, and transfer or on behalf of sales of; (four) was law implementation control, and deprived civil or in probation, and

Of temporary execution of criminals or the imposition of criminal compulsory measures by law enforcement who violate laws, administrative regulations or acts of supervision and management of the relevant departments under the State Council.

61st assisted in organizing or transporting other persons to illegally cross the country (border), 10th to 15th over detained and fined a maximum of 1000 Yuan and 5,000 yuan.

62nd article (borderline border) provide conditions, 5th to 10th over detention and fined a maximum of between 2000 Yuan and 500 Yuan.

Cross country (border), 5th detained or fined a maximum of 500 Yuan.

63rd article has following behavior one of of, at warning or 200 Yuan following fine; plot more heavy of, at 5th above 10th following detention, and at 200 Yuan above 500 Yuan following fine: (a) carved designated, and coated dirt or to other way deliberately damaged national protection of heritage, and places of; (ii) violation national provides, in heritage protection units near for blasting, and mining, activities, endanger heritage security of.

64th under any of the following acts, fined a maximum of between 1000 and 500 yuan in serious cases, 10th to 15th over detention, and between 1000 and 500 Yuan the following penalties: (a) the driving others ' vehicles, (ii) without a license or driving others ' aircraft, motor ships.

65th article has following behavior one of of, at 5th above 10th following detention; plot serious of, at 10th above 15th following detention, can and at 1000 Yuan following fine: (a) deliberately damage, and defaced others graves or destroyed, and discarded others bones, and ashes of; (ii) in public park body or for Park body effect others normal life, and work order, not listening to discourage of.

66th prostitution, prostitution, 10th to 15th over detention, may be fined a maximum of 5,000 yuan; minor, 5th detained or fined a maximum of 500 Yuan.

Soliciting prostitution in public places, 5th detained or fined a maximum of 500 Yuan.

67th inducing, taking in and introducing prostitution, 10th to 15th over detention, may be fined a maximum of 5,000 yuan; minor, 5th detained or fined a maximum of 500 Yuan.

68th production, transport, reproduction, sale, rental of pornographic books, pictures, video, audio and video products and other obscene materials or use computer information networks, telephone and other communication tool of spreading pornographic information, 10th to 15th over detention, may be fined a maximum of 3,000 yuan; minor, 5th detained or fined a maximum of 500 Yuan.

69th under any of the following acts, 10th to 15th over detention, and between 1000 and 500 Yuan the following penalties: (a) the Organization playing pornographic video; (b) the organization or in pornographic performances, and (iii) participation in the gathering in licentious activities.

Knowingly engage in activities in the preceding paragraph, to provide conditions, in accordance with the provisions of the preceding paragraph.

70th for profit-making purposes, provide conditions for gambling, or gambling gambling is relatively large, 5th detained or fined a maximum of 500 yuan in serious cases, 10th to 15th over detained and fined a maximum of between 3,000 yuan and 500 Yuan.

71st article has following behavior one of of, at 10th above 15th following detention, can and at 3,000 yuan following fine; plot more light of, at 5th following detention or 500 Yuan following fine: (a) illegal planting poppy discontent 500 strains or other few drug original plant of; (ii) illegal sale, and transport, and carry, and holds few without out live of poppy, drug original plant seed or seedlings of; (three) illegal transport, and sale, and store, and using few poppy shell of.

First item of the preceding paragraph, in mature spontaneously before the eradication, not to punish.

72nd article has following behavior one of of, at 10th above 15th following detention, can and at 2000 Yuan following fine; plot more light of, at 5th following detention or 500 Yuan following fine: (a) illegal holds opium discontent 200 grams, and heroin or methyl benzene c amine discontent 10 grams or other few drug of; (ii) to others provides drug of; (three) smoking, and injection drug of; (four) stress, and cheat medical personnel issued anesthesia drug, and spirit drug of.

73rd abet, induce, deceive others take or inject drugs, 10th to 15th over detained and fined a maximum of between 2000 Yuan and 500 Yuan.

74th hotels, catering, culture, entertainment, and other units of the personnel of the taxi industry, public security organs investigated and dealt with drug addiction, gambling, prostitution and prostitution activities, illegal acts who tipped off, 10th to 15th over detention.

75th animals, disturbing others ' normal lives, warning warning do not remove or allow animals threatening, fined a maximum of between 500 Yuan and 200 Yuan.

Driving animals hurting people, 43rd according to this law the provisions of the first paragraph.

76th article of this law article 67th, 68th, 70th, incorrigible, mandatory educational measures in accordance with national regulations.

Chapter fourth penalty procedures section I survey 77th public security organs on reports, complaints and information or acts violating the Administration people voluntarily surrendered, and other administrative departments, judicial organs acts violating the administration of the transfer case, it shall accept and register.
78th public security organ after receiving reports, complaints and information, gave himself up, thought to belong to acts violating the Administration, should be immediately investigated not considered as acts violating the Administration, should inform the informant, complainants or informants, the surrendered people, and explain the reasons.

79th public security organs and people's police investigation into public security cases, should be carried out according to law.

Extorting or by threat, enticement, deceit or other illegal means to collect evidence.

Evidence collected by illegal means shall not be used as punishment was based.

80th public security organs and people's police in handling public security cases, involving State secrets, business secrets or personal privacy, should be kept confidential.

81st article police in handle security case process in the, met has following case one of of, should avoided; violation security management behavior people, and was against people or its statutory agent also right to requirements they avoided: (a) is this case party or party of near relatives of; (ii) I or its near relatives and this case has interest relationship of; (three) and this case party has other relationship, may effect case just processing of.

Police avoided, decided by the public security organ to which it belongs; withdrawal of the head of the public security organs, determined by the public security organs at a higher level. 82nd must call people violating the administration under investigation, approved by the head of public security organs in handling cases, use the call card call.

Acts violating the administration of persons found at the scene, the police present a working document, summoned orally, but shall be indicated in the interrogation. Reasons and basis for informed public security organ shall summon the summoned.

Without good reason not to accept the summons or to escape from the person cited, you can force the summons.

83rd to acts violating the Administration people, public security organs after the summons should be asked to verify in a timely manner, asking to check no more than eight hours; complexity of administrative punishment in accordance with the provisions of this law may apply, ask for verification time should not exceed 24 hours.

Public security organs shall promptly call reasons and premises notified summoned family members. 84th interrogation should be asking people to check; no reading ability, should be read to them. Of any omission or mistake, asked one can propose additions or corrections.

Be asked confirmation record is correct, they shall sign or affix their seals, the police should also sign the record of the questioning.

Interrogated requirements are asked to provide written materials shall be permitted if necessary, police can ask to be asking people to write.

Persons younger than 16 years of acts violating the Administration asks, it shall notify the presence of their parents or other guardians.

85th police ask a victim or other witness, you can go to his unit or residence, if necessary, you can also notify the public security organ to provide testimony.

Outside of people's police in the public security organs asked a victim or other witness shall present a working document.

Asked about the victim or other witness, the provisions of this law shall also apply article 84th.

86th asking to acts violating the administration of deaf people, a victim or other witness, should be helping people who are fluent in sign language, and reflected on the transcript.

Asked is not familiar with the local language of the text of acts violating the Administration people, a victim or other witness, shall be equipped with a translator, and reflected on the transcript. 87th to acts violating the administration of public security organs places, objects, people can check. Checking, policemen shall be at least two people, and they shall show their work documents and documents check issued by the people's Governments above the county-level public security organs.

To check is necessary immediately, the police present a working document, you can check on the spot, but check the citizen residence should produce a certificate issued by the people's Governments above the county-level public security organs to check documents.

Check the women's bodies shall be conducted by female staff.

88th record check shall be made to check the circumstances, by inspection, the inspected person and witness signatures or seals; check the person refuses to sign, the police should be indicated on the record. 89th public security organ handling cases of public security, the need for case-related items as evidence, can be seized to a victim or third person of lawful possession of property, may not be seized, shall be registered.

For items not relevant to the case, may not be seized.

Items to, shall, together with the presence of a witness and is carefully checked by holders of seized items, two copies of a detailed list on the spot, held by investigators, witnesses and signed or stamped, one to the holder, and a separate volume for future reference. Items on, shall take good care of and shall not be appropriated for other purposes; not suitable for long-term storage of goods, in accordance with the relevant provisions.

Identified as irrelevant to the case and should be returned immediately; verified to belong to the property of another, shall refund the money immediately after registration; six months no one claims to the property rights or unable to identify rights holders, should be by public auction or in accordance with the relevant provisions of the State and the proceeds turned over to the State Treasury.

90th in order to identify the merits and need to solve special problems at issue in the case shall be assigned or invited to identify personnel with expertise; experts identified should be written expert opinions, and the signature.

Section II article 91st Security Administration Punishment decided by the people's Governments above the county-level public security organs which warn, fined not more than 500 Yuan can be decided by the police station. 92nd on the given administrative punishment decision of people, in front of the punishment have taken compulsory measures restricting freedom of time, should be offset.

Restriction of personal freedom day allowance for administrative detention a day. 93rd public security organs investigated and dealt with cases of public security, no statements, but other evidence to prove the facts of the case, the Security Administration punishment decision could be taken.

However, only the statements, there is no other evidence to make security administration punishment decision.

94th public security organs of public security administration punishment decision, shall inform the person making acts violating the administration of public security administration punishment facts, reason and evidence, and to inform the people of acts violating the administration shall have the rights. Acts violating the Administration has the right to representation and to defend themselves.

Public security organs should fully listen to the views of the acts violating the Administration, for acts violating the Administration people the facts, reasons and evidence, should be reviewed; acts violating the administration of people's facts and reasons or evidence established, public security organs should adopt.

Grounds of acts violating the administration of public security organs people's statements, representations and aggravating. 95th article security case survey end Hou, police organ should according to different situation, respectively made following processing: (a) does have law should give security management punishment of violations of, according to plot weight and the specific situation, made punishment decided; (ii) law not punishment of, or illegal facts cannot established of, made not punishment decided; (three) violations has suspected crime of, transferred competent organ law held criminal; (four) found violation security management behavior people has other violations of,

Acts violating the Administration made the decision at the same time, notify the relevant competent administrative departments. 96th administrative penalties for public security decisions of the public security organ shall make a written decision on administrative penalties for public security.

Decided book should contains Ming following content: (a) was punishment people of name, and gender, and age, and identity documents of name and number, and address; (ii) illegal facts and evidence; (three) punishment of type and according to; (four) punishment of implementation way and term; (five) on punishment decided refuses to, application administrative reconsideration, and filed administrative litigation of way and term; (six) made punishment decided of police organ of name and made decided of date.

Decisions shall be made by decision of a public security organ under seal. 97th public security organs shall announce to the person penalized written decision on administrative penalties for public security, and spot the person penalized; unable to announce to the person penalized shall be served in the 2nd person penalized.

Decided to give administrative punishment, shall promptly notify the person penalized families.

A victim of, the public security organ shall decide to book a copy to person.

98th public security organs to revoke licenses, and fines of more than 2000 Security Administration punishment decision, it shall notify the acts violating the Administration has the right to request a hearing; acts violating the Administration requests a hearing, the public security organ shall promptly hold hearings.

Term of the 99th public security organ handling cases of public security, not later than 30th since the date of acceptance; case is significant and complex, approved by the public security organs at a higher level, you can extend the 30th.

During the identification in order to identify the merits, ignoring the terms of handling cases of public security.

Acts violating the administration of 100th article facts are clear, the evidence warning or fined a maximum of 200 Yuan, can be made on the spot the Security Administration punishment decision. 101th spot on public security administration punishment decision, the people's police shall apply to acts violating the Administration to produce documents, and fill in the written decision.

Punishment decision letter should be delivered on the spot the person penalized; a victim of, and decided to book a copy to be a person.

The penalty decision prescribed in the preceding paragraph, shall specify the name, offence, punishment of the person penalized basis, the amount of the fine, time, location, and name of public security organs, and by the signature or seal of the people's police in charge.

Decision on administrative penalties for public security is made on the spot, run by the people's police shall report belongs to the public security organ within the 24-hour record.

102th person penalized for Security Administration punishment decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

Section III the person performing the 103th decided to be given administrative punishment, carried out by the decision of detention served on public security organs. 104th be fined shall from the date of receipt of the written decision in the 15th, pay the fine to the specified bank.
But, has following case one of of, police can spot collection fine: (a) was at 50 Yuan following fine, was punishment people on fine no objections of; (ii) in remote, and water Shang, and traffic inconvenience area, police organ and police in accordance with this method of provides made fine decided Hou, was punishment people to specified of Bank paid fine does have difficult, by was punishment people proposed of; (three) was punishment people in local no fixed residence, not spot collection after to implementation of.

105th police collected on the spot fines shall be from the date of collecting fines within the 2nd, to belong to a public security organ;, passengers on the train at the water collected on the spot fines shall be from the date of arrival or arrival in the 2nd, to belong to a public security organ; public security organ shall, from the date of receipt of the fine penalty payment specified in the 2nd Bank.

106th police to collect fines on the spot, shall be punished who issued by provinces, autonomous regions and municipalities Finance Department issued ticket; not uniformly made fine receipt issued, punishment has the right to refuse to pay the fine. 107th punished people appealed against the administrative detention decision may apply for administrative reconsideration or bring an administrative suit, may apply to the public security authorities to stay the execution of administrative detention.

Public security organ considers suspending administrative detention is not in danger of society, by the person penalized or his close relatives in accordance with the conditions specified in article 108th guarantor, or the daily standards of administrative detention for 200 Yuan deposit, decided to stay the execution of punishment of administrative detention.

108th guarantor shall comply with the following conditions: (a) not involved with this case, (ii) be entitled to political rights and not subjected to restriction of personal freedom, and (iii) local permanent residence and domicile and (d) performance of the secured obligation.

109th guarantor shall guarantee the implementation of the sponsor does not escape punishment of administrative detention.

Guarantors are not performance of the secured obligation, which was performed by the surety to escape punishment in administrative detention by the public security organ of the penalty of between 3,000 yuan.

110th has been granted administrative penalties, the deposit, after the suspension of administrative detention to evade implementation of administrative punishment, earnest money shall be confiscated and turned over to the State Treasury, has decided to remain in administrative detention should be perform.

111th's penalty decision was revoked in administrative detention or administrative detention punishment began, margin charged by the public security organ shall promptly refund to pay people.

The fifth chapter article 112th public security organs and people's police law enforcement supervision according to law, fair, strict and efficient handling of security cases, and civilized law enforcement, not favoritism.

113th public security organs and people's police to handle security cases, prohibit acts violating the Administration person to beat, abuse or insult.

114th public security organs and people's police to handle cases of public security shall conscientiously accept the supervision of society and citizens.

Public security organs and people's police to handle security cases, lax enforcement or violation, no unit or individual shall have the right to the public security organ or the people's Procuratorate, administrative supervisory organs reported, accused and authorities report, the complaints received, should be dealt with according to the duties.

115th public security organs according to law, fines, in accordance with the provisions of relevant laws and administrative regulations, the implementation of separation of penalty decisions from collection of penalty; all the fines collected shall be turned over to the State Treasury.

116th article police handle security case, has following behavior one of of, law give administrative sanctions; constitute crime of, law held criminal: (a) torture confessions, and corporal punishment, and abuse, and insult others of; (ii) over asked check of time limit liberty of; (three) not implementation fine decided and fine collection separation system or not by provides will confiscated of property surrendered Treasury or law processing of; (four) privately, and occupation, and misappropriated, and deliberately damaged collection, and seized of property of; (Five) violation provides using or not timely returned was against property of; (six) violation provides not timely returned margin of; (seven) using positions Shang of convenience received others property or seek other interests of; (eight) spot collection fine not issued fine receipt or not truthfully fill in fine amounts of; (nine) received requirements stop violation security management behavior of alarm Hou, not timely out police of; (10) in investigation violation security management activities Shi, for illegal crime behavior people tipped off of; (11) has engages in, and

Abuse of failing to perform their statutory duties in other circumstances.

Public security organ handling cases of public security acts listed in the preceding paragraph, supervisor directly responsible and other persons directly responsible shall be investigated by appropriate administrative sanctions.

117th exercise of authority public security organs and the people's police law, violations of the legitimate rights and interests of citizens, legal persons and other organizations should apologize; damage, shall be liable.

Sixth chapter supplementary articles article 118th above, below, in this law, including the number itself. 119th article this law shall enter into force on March 1, 2006. Published on September 5, 1986, amended on May 12, 1994, published by the People's Republic of China on public security administration punishments Ordinance be repealed simultaneously.