People's Republic Of China Administrative Coercion Law

Original Language Title: 中华人民共和国行政强制法

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(Adopted June 30, 2011, the 21st meeting of the Standing Committee of the 11th NPC)
  Directory

Chapter I General provisions

Chapter II administrative enforcement type and setting

Chapter III compulsory administrative measures to implement procedures

Section I General provisions

Section II of attachment, arrest

Section III frozen

Fourth Chapter Executive enforcement procedures

Section I General provisions

Section II money payment execution

Section III performance

The fifth chapter apply to a people's Court for compulsory execution

The sixth chapter legal liability
  The seventh chapter by-laws chapter I General provisions

First in order to regulate the establishment and implementation of administrative enforcement, safeguard and supervision of administrative bodies perform their duties according to law, safeguarding public interests and social order, and protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the Constitution, this law is enacted.

Referred to in article II of this law the Executive Force, including compulsory administrative measures and administrative enforcement.

A compulsory administrative measure, refers to the executive authorities in the course of administration, to suppress evidence of illegal activity, to prevent damage, avoid hazards, control risks expansion, where the temporary restrictions imposed by law on citizens ' personal freedom, or to the citizens, legal persons or other organizations to impose temporary control of property Act.

Administrative enforcement, refers to the administrative organ or the administrative organ for the people's Court, not to implement the decisions of the citizens, legal person or other organization, enforced the law of obligations.

Third set of administrative enforcement and implementation of this law shall be applicable.

Occurrence or impending natural disasters, accidents, public health or social security events, such as emergencies, will the executive authorities to take emergency measures or provisional measures, in accordance with the provisions of relevant laws and administrative regulations.

Executive financial sector prudential measures, inbound and outbound goods mandatory technical control measures, in accordance with the provisions of relevant laws and administrative regulations.

The establishment and implementation of the fourth administrative enforcement shall, in accordance with legal authority, scope, conditions and procedures. Establishment and implementation of the fifth administrative enforcement shall be appropriate.

Non-administrative purposes can be achieved by means of force, not the establishment and implementation of administrative enforcement.

Sixth administrative enforcement, should insist on combining education and enforcement.

Seventh administrative organs and their staff shall not use administrative enforcement power for the unit or individual interests.

Article citizens, legal persons or other organizations against administrative organs to implement the administrative enforcement, shall have the right, the right to be heard; the right to apply for administrative reconsideration or bring an administrative suit; performed administrative enforcement of the illegal administrative authorities, shall have the right to claim compensation.

Citizens, legal persons or other organizations for people's courts in the enforcement of illegal acts or to expand the scope of enforcement of damages, shall have the right to claim compensation.
  Chapter II administrative enforcement type and setting

The Nineth types of compulsory administrative measures:

(A) the restriction of personal freedom;

(B) seizure of premises, facilities, or property;

(C) seizure of property;

(D) the freezing of deposits or remittance;

(V) other administrative enforcement measures.

Tenth administrative compulsory measures by law.

Not to make laws, and belongs to the administrative authority under the State Council, administrative rules and regulations can be set in addition to section Nineth first, fourth and compulsory administrative measures shall be prescribed by law other than the compulsory administrative measures.

Not to make laws, administrative regulations, and belong to local issues, can be created in local regulations in this law article Nineth administrative coercive measures, the third one.

Laws and regulations other than the normative acts must not set compulsory administrative measures.

11th law on compulsory administrative measures of object types, conditions, provisions, administrative regulations, local regulations may be made to expand provision. Not set compulsory administrative measures in the law, administrative regulation, local Decree shall not set compulsory administrative measures.

However, matters specific to the law by the administrative regulations of specific management measures, administrative rules and regulations can be set in addition to section Nineth first, fourth and compulsory administrative measures shall be prescribed by law other than the compulsory administrative measures.

12th administrative enforcement mode:

(A) an additional fine or late fees;

(B) the transfer of the deposits or remittances;

(C) the auction or handle the sealing up, distraining premises, facilities, or property;

(D) remove, restitution;

(E) implementation;

(Vi) other means of enforcement.

13th administrative enforcement by law.

The law does not provide for enforcement by administrative organs, administrative decisions of administrative authorities shall apply to the people's Court for compulsory execution.

14th preparation of draft legislation, draft regulations, plans to create administrative enforcement, drafting unit shall take the form of hearings, feasibility study meeting to hear views and explain to the enacting body to set the compulsory administrative necessity, as well as listen to and accept the possible impact of the views of.

15th set of administrative enforcement bodies should be carried out regularly on the set of administrative enforcement evaluation and appropriate administrative enforcement not be amended or repealed.

Compulsory administrative organ may have set administrative compulsory implementation and evaluate the necessity of timely, and reports to the Executive Force set body. Citizens, legal persons or other organizations may appeal to the administrative compulsory set of organs and organ on the establishment and implementation of suggestions and recommendations of the Executive Force.

Authorities concerned should seriously study and feedback in a proper manner.
Chapter III compulsory administrative measures to implement procedures

Section I General provisions

16th administrative organs to perform administrative duties in accordance with the provisions of laws and regulations, the implementation of compulsory administrative measures.

Illegal plots marked minor or no significant social harm, can not take administrative enforcement measures. 17th administrative compulsory measures by law and regulations implementation of administrative organ within the statutory terms of reference.

Right to administrative coercive measures shall not delegate.

According to the People's Republic of China provisions of the administrative punishment law, exercise of the Executive power of relatively concentrated administrative punishment to enforce laws, regulations and administrative penalty relating to the compulsory administrative measures.

Administrative coercive measures should be qualified by the Executive administrative law enforcement personnel, and other personnel shall not be implemented.

18th compulsory administrative measures implemented by administrative organs shall abide by the following provisions:

(A) shall report to the Executive Director prior to implementation and approved;

(B) committed by two or more administrative law enforcement personnel;

(C) produce their identity documents;

(D) notify the Parties present;

(E) inform the parties on the spot to take compulsory administrative measures of reason, basis as well as the Parties shall enjoy the rights, remedies;

(Vi) listen to the statements of the parties and representation;

(G) making field notes;

(H) the record signed or sealed by the parties and the administrative law enforcement personnel, refused by the parties, be noted in the record;

(I) the parties do not present, inviting witnesses to come along, on the administrative law enforcement officers at the scene by a witness and record signed or sealed;

(J) the laws, regulations and other procedures. 19th the urgency of the situation, compulsory administrative measures need to be implemented on the spot, administrative law enforcement personnel shall report to the Executive Director within 24 hours, and go through the approval procedure.

Executive Heads considered should not take administrative enforcement measures should be lifted immediately.

20th place restrictions on citizens ' personal freedom in accordance with law of administrative coercive measures, in addition to procedures provided for in this law shall perform the 18th and shall comply with the following requirements:

(A) inform or following the imposition of compulsory administrative measures inform families of compulsory administrative measures to implement the administrative organ, venue and duration;

(B) the compulsory administrative measures implemented on the spot in case of emergency, after returning to the executive authorities, immediately report to the Executive heads and go through the approval procedure;

(C) other procedures provided by law. Implementation of compulsory administrative measures restricting freedom of the must not exceed the statutory limit.

Objective has been achieved or the conditions of administrative coercive measures have disappeared, shall be terminated immediately.

21st an unlawful act of a crime shall be transferred to the judicial authorities, the administrative organ shall will be transferred to sealing up, distraining or freezing of property, and shall inform the parties in writing.

Section II of attachment, arrest

22nd attachment, arrest should be determined by laws and regulations implemented by administrative organs, and any other administrative organ or organization shall not be implemented.

23rd sealing up, distraining limited in connection with the premises, facilities, or property, shall not be sealed up or seized and violations unrelated to the premises, facilities, or property; not seal up, distrain citizen's personal and family necessities.

Party premises, facilities, or property have been other State organs shall be sealed, and shall not be seized.

24th administrative organs decided to seal up, distrain, proceedings under this law shall perform the 18th article, production and delivery of the written decision on sealing up, distraining and lists.

Attachment, attachment of decision shall set forth the following:

(A) the name or names and addresses of the parties;

(B) the reasons for sealing up, distraining, basis and time limit;

(C) the seizure, seizure of premises, facilities, or property name, number;

(D) apply for administrative reconsideration or bring an administrative suit the ways and terms;

(E) the name, seal and date the executive authorities.

Sealing up, distraining list in duplicate by the parties and the Administration to hold. 25th period not later than 30th of sealing up, distraining; complex, approved by the heads of administrative organs, can be prolonged, but extend the deadline shall not be later than 30th.

Except as otherwise provided in laws and administrative regulations.

Decision to extend the sealing up, distraining shall promptly inform the parties in writing and state the reasons. Items needed for testing, inspection, and quarantine or identification, sealing up, distraining period does not include testing, inspection, and quarantine or during the technical evaluation. Testing, inspection, and quarantine or during the technical evaluation should be clear, and shall inform the parties in writing.

Or identification of testing, inspection, and quarantine costs borne by the executive authorities.

26th premises, facilities, or property for attachment, arrest, administrative organs shall take good care of, you may not use or damage; losses caused, shall assume the liability. Sealed premises, facilities, or property, the Executive may appoint a third person to keep, third party damage or unauthorized transfers and disposal.

The losses caused by third parties, will the executive authorities after the advance payment has the right to recourse against the third party.

By sealing up, distraining the storage costs borne by the administration. 27th after sealing up, distraining measures at administrative organs shall promptly ascertain the facts, in 25th of this law make a decision within the time limit provided for in article.

The illegal facts are clear, confiscation of unlawful property or things shall be confiscated according to law; the legal and administrative regulations should be destroyed, destruction by law; shall lift the seizure, seizure, lift attachment, arrest decisions.

28th under any of the following circumstances, the administrative organ shall make a timely lift attachment, attachment of decision:

(A) absence of violations;

(B) the seizure, seizure of premises, facilities or property not related to violations;

(C) for violations of the executive decision has been made, eliminating the need for sealing up, distraining;

(D) the seizure, detention period has expired;

(E) other circumstances that no longer sealing up, distraint measures need to be taken. Lift the sealed up or seized property shall be returned immediately; fresh has been difficult custody of goods or other property for auction or sale, refund the proceeds from the auction or sale.

Selling price is significantly lower than the market price, cause losses to individuals, should be compensated.

Section III frozen

29th frozen deposits, remittances should be carried out by the administrative authority under the law, may not be delegated to other administrative organ or organization; no other administrative organs or tissues may freeze deposits and remittances.

Freezing of deposits, remittances and violations involving the equivalent in amount has been frozen by other State organs shall, not frozen.

30th the Executive decided in accordance with the law to implement the freezing of deposits, remittances, shall perform the 18th article of this law, the second item, third item, the procedures laid down in the seventh, and delivered to financial institutions to freeze the notice.

Financial institution after receiving the administrative organ of the freezing notice, should be frozen immediately, without delay, shall not disclose to the parties before the freezing information.

Except as provided in the law of administrative organ or organization proposing to freeze the deposits and remittances by the parties, financial institutions should be rejected. 31st in accordance with the legal provisions for the freezing of deposits, remittances, decisions of administrative authorities shall deliver the freeze to the party in the 3rd book.

Freeze statement shall contain the following particulars:

(A) the name or names and addresses of the parties;

(B) the grounds for freezing, basis and time limit;

(C) freezing accounts and amounts;

(D) apply for administrative reconsideration or bring an administrative suit the ways and terms;

(E) the name, seal and date the executive authorities. Article 32nd within 30th since the date of freezing of deposits, remittances, unfreeze the administrative organ shall make a decision or make a decision complex, approved by the heads of administrative organs, can be prolonged, but extend the deadline shall not be later than 30th.

Except as otherwise provided by law.

Decision to extend the freeze without delay, shall inform the parties in writing and state the reasons.

33rd under any of the following circumstances, the administrative organ shall promptly make the lifting of the freeze decision:

(A) absence of violations;

(B) freezing of deposits, remittances and illegal has nothing to do;

(C) decision of the administrative authorities for violations have been dealt with, no longer need to freeze;

(D) the freezing period has expired;

(E) other circumstances that the freeze is no longer needed. Decision of the administrative authorities to unfreeze, shall promptly notify the financial institution and the party.

After receiving the notice of financial institutions, should be immediately frozen.

Administrative authority fails to make a decision or the lifting of the freeze decision, financial institution shall, from the date of expiry of the freeze thaw.
Fourth Chapter Executive enforcement procedures

Section I General provisions

34th after the administrative organ shall make an administrative decision, in executive decisions by the parties do not fulfil their obligations within the time limit, has the Chief Executive authority of enforcement in accordance with the provisions of this chapter, enforcement. 35th Executive to enforce decisions, shall first urged the parties to meet their obligations.

Notice should be made in writing, and contain the following particulars:

(A) fulfilment of the term;

(B) to fulfil its obligations;

(C) involve money, there should be clear the amount and payment method;

(D) the Parties shall have the right to be heard and right to be heard. 36th after the parties receive interpellation has the right to make statements and to defend themselves. Administrative organs should fully heed the views of the parties, on the facts, reasons and evidence submitted by the parties, should be recorded and reviewed.

Establishment of the facts and reasons or evidence submitted by the parties, the executive authorities should be adopted.

37th as notice, Parties late still not perform administrative decision and without good reason, the administrative organ may decide to enforce it.

Enforcement of decisions should be made in writing, and contain the following particulars:

(A) the name or names and addresses of the parties;

(B) of the rationale and basis for enforcement;

(C) the manner and timing of enforcement;

(D) apply for administrative reconsideration or bring an administrative suit the ways and terms;

(E) the name, seal and date the executive authorities.

During the notice period, there is evidence that transfer or concealment of property, the administrative organ may decide to immediately enforce. Article 38th interpellation, administrative enforcement decision shall be served on the parties concerned directly.

Refuses to receive or cannot be served directly by the parties, shall, in accordance with the People's Republic of China served on relevant provisions of the civil procedure law.

39th under any of the following circumstances, suspension:

(A) there is difficulty in fulfill administrative decisions or rated capacity of performance;

(B) any third party claim of the execution, did have reasonable grounds;

(C) the implementation may cause irreparable damage, and discontinue without prejudice to the public interest;

(D) the Executive deems it necessary to suspend the enforcement of the other cases. Suspension disappears, administrative body should be reinstated.

No significant social harm, where a proof of inability to perform, and did not resume suspended for three years, will the executive authorities is no longer performed.

40th under any of the following circumstances, terminate execution:

(A) the death, no heritage to implement, and is under no obligation to bear man;

(B) termination of legal person or other organization, no property available for execution, and is under no obligation to bear man;

(C) loss of execution;

(D) to perform the administrative decision is revoked;

(E) the Administration finds that the need to end the execution of other cases.

41st in the implementation or after execution, according to the implementation of the administrative decision revoke or alter, or execution errors, should be restored to its original state or to return property cannot be recovered to its original state or to return goods, shall be subject to compensation. 42nd administrative enforcement, the administrative organ may, without prejudice to the public interest and the legitimate rights and interests of others cases, implementation agreements with the parties.

Implementation of the agreement may agree to a phased implementation; remedial measures be taken by the parties, can be added a penalty or late fee relief. Implementation of the agreement should be fulfilled.

Party fails to observe the implementation of the agreement, the administrative organ shall restore the enforcement. 43rd administrative authorities shall not impose administrative enforcement in the evenings and holidays.

However, except for an emergency.

Administration of life shall not be taken to stop water supply, power supply, heat supply, gas supply, such as forcing the party to the relevant administrative decision. The 44th article of illegal buildings, structures, facilities need to be torn down, should be announced by the Executive, within the party to remove.

Parties within the statutory time limit does not apply for administrative reconsideration or bring an administrative action without dismantling the administrative organ can be torn down.

Section II money payment execution Article 45th Executive make money obligations of administrative decisions, the party fails to fulfil the administrative organ can be added a penalty or late fee.

An additional fine or standard shall inform the parties of late fees.

Added a penalty or late fee shall not exceed the amount of money amount of the obligation.

46th article 45th implementation of administrative organs in accordance with the law to add a fine or late fees more than 30th, has not performed urged the parties, has the Chief Executive authority of enforcement could enforce.

Before the enforcement of the Executive, sealing up, distraining, freezing measures need to be taken, in accordance with the provisions of chapter III of this law. No administrative authority of administrative compulsory enforcement should apply to a people's Court for compulsory execution.

However, parties within the statutory time limit does not apply for administrative reconsideration or bring an administrative action, the notice would not comply, in the implementation of the administrative processes of attachment, arrest measures had been taken in the Executive can be sealed up or seized property auction to pay the fine. 47th transfer deposits, remittances should be decided by the administrative authority under the law, and notify the financial institution.

Financial institutions receive administrative organs in accordance with the decision of the transfer of the deposits, remittances, should be immediately allocated.

Except as provided in the law of administrative organ or organization requires allocation of client deposits, remittances, financial institutions should be rejected.

The 48th auction property auction by the executive bodies in accordance with the People's Republic of China auction law regulations. 49th transfer of deposits, remittances, as well as auctions and according to the amount of funds should be turned over to the State Treasury or into special financial account.

Any administrative organ or individual may, on any form of rejection, privately divide or disguised privately.

Section III performance

50th law demands that all parties fulfil the executive authorities remove, restitution and other obligations of the administrative decision, the party fails to perform, the notice would not comply, the consequences have been, or will be endangering traffic safety, environmental pollution or destruction of natural resources, will the executive authorities to fulfil, or entrust a third party with no interest to fulfil.

51st implementation should comply with the following provisions:

(A) served on the former decision, fulfilling the decision shall set forth the party's name or title, address, reason for discharge and the basis, mode and time, subject, budgets and performance of people;

(B) implementation of 3rd, urge the parties to fulfil, fulfill, stop to perform;

(C) performance, decisions of the administrative organ shall officers for monitoring;

(D) are fulfilled, supervisory staff, the executive authorities to fulfil and the party or witness should sign or seal on the instrument. Performance fee determined in accordance with reasonable cost, borne by the parties.

However, except as otherwise provided by law.

Implementation may, using violence, intimidation or other unlawful means.

52nd must immediately clear the roads, waterways, waterway or impurity in public places, obstructions or pollutants, cannot be cleared by the parties, the administrative organ may decide to immediately implement performance; without the presence of the parties, the administrative authority shall immediately notify the parties, and shall be dealt with.
  The fifth chapter apply to a people's Court for compulsory execution

53rd parties within the statutory time limit does not apply for administrative reconsideration or bring an administrative action, not to implement the decision, no administrative enforcement power administrative organ may, within three months from the date of expiry, in accordance with the provisions of this chapter apply to a people's Court for compulsory execution. 54th before the administrative organs shall apply to a people's Court for compulsory execution, should urge the parties concerned to meet their obligations.

Written notice to the parties after the 10th and failed to perform an obligation, the administrative authority may apply to a people's Court has jurisdiction over the seat to enforce implementation object is in real estate, the real property is located has jurisdiction over the people's Court for compulsory execution.

55th Executive to the people's Court for compulsory execution, should provide the following materials:

(A) the application for enforcement;

(B) the administrative decision and decide on the facts, grounds, and basis;

(C) the views of the parties and the Executive conditions of publication;

(D) seeking to enforce the standards;

(V) other materials stipulated by laws and administrative regulations.

Enforcement of application shall be signed by the Executive heads, stamped with the seal of the executive authorities, and dated.

56th Court Administration enforcement of applications received shall be accepted in the 5th.

Disagrees with the decision of the Executive to the people's Court shall not accept, May 15th in the higher people's Court for reconsideration, the people's Court at a higher level shall, from the date of receipt of the application for reconsideration, 15th in the admissibility ruling.

57th Court to enforce a written review of the application of the Executive, to meet the provisions 55th article of this law, has legal enforceability and administrative decisions, in addition to the circumstances provided for in article 58th, the people's Court shall from the date of acceptance of the 7th Executive ruling.

Article 58th when found to have one of the following circumstances, before making a decision on you can hear the views of the Executive and administrative bodies:

(A) the apparent lack of a factual basis;

(B) the apparent lack of laws and regulations;

(C) other apparently illegal and undermine the legal rights of the person subjected to execution. Court shall from the date of acceptance of the decision made whether to perform in the 30th.

Ruled inadmissible, it shall explain the reasons, and will not execute the orders within the 5th served on the executive authorities.

Disagrees with the decision of the administrative organs of the people's Court shall not perform, from the date of receipt of the order, 15th in the higher level people's Court for reconsideration, the people's Court at a higher level shall, from the date of receipt of the application for reconsideration decision made whether to perform in the 30th. 59th urgent circumstances, to protect the public safety, may apply to the Court for the immediate implementation of the Executive.

Approved by the people's courts, the people's courts shall implement within 5th of implementation. 60th administrative organs shall apply to a people's Court for compulsory execution, non-payment of the application fee.

Enforcement costs borne by the person subjected to execution.

People's courts to enforce allocation, auction, can be enforced after the transfer, auction expenses.

Property auction, auction houses commissioned by the people's Court in accordance with the People's Republic of China auction law regulations.

Transfers deposits, remittances, and auction and according to the amount of funds should be turned over to the State Treasury or into the financial accounts shall be subject to any form of interception, privately divide or disguised privately.
  The sixth chapter legal liability

61st administrative authorities implement administrative coercion, any of the following circumstances, by a higher administrative authority or the relevant Department in charge shall command a correction to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions:

(A) not according to the laws and regulations;

(B) change the way compulsory administrative object, condition,;

(C) implementing administrative enforcement of violations of statutory procedures;

(D) violations of the provisions of this law, in the evenings and statutory holidays administrative enforcement;

(E) for residents to stop water supply, power supply, heat supply, gas supply, such as forcing the party to the relevant administrative decisions;

(Vi) any other unlawful administrative enforcement cases.

62nd in violation of the provisions of this law, the executive authorities has one of the following, by a higher administrative authority or the relevant Department in charge shall command a correction to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions:

(A) broadening the range of sealing up, distraining and freezing;

(B) the use of or damage to sealing up, distraining premises, facilities, or property;

(C) during the period of attachment, arrest legal does not make decisions or have not been relieved of attachment, arrest;

(D) the freezing of deposits, remittance process prescribed by law is not made decisions or failing to timely lifting of the freeze.

63rd Executive will be sealed up or seized property or transfer of deposits, remittances, as well as auctions and handle the money, retain, distribute or disguised privately by the financial Department in charge or relevant departments shall be recovered; directly responsible in charge and other direct liable persons shall be given demerit, demotion, dismissal or discharge penalties.

Staff making use of his Executive authority, seizure, seizure of premises, facilities, or property for themselves, by a higher administrative authority or the relevant Department in charge shall command a correction, shall be subject to demerit, demotion, removal from Office or dismissed penalties.

64th administrative organs and their staff use of compulsory administrative power for the unit or individual interests, by a higher administrative authority or the relevant Department in charge shall command a correction to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.

The 65th in violation of the provisions of this law, financial institutions are one of the following acts, the financial industry regulatory authority shall order rectification, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions:

(A) freezing prior to disclosure of information by the parties;

(B) shall immediately to freeze or transfer of deposits, remittances do not freeze or transfer, deposit, remittance transfers;

(C) will not be freezing or transfer of deposits or remittances to freeze or transfer;

(D) not unfrozen in time deposits and remittances.

66th in violation of the provisions of this law, financial institutions amounts to the State Treasury or financial account other than the account, shall be ordered to correct the financial industry regulatory authority, fined and illegal transfers twice; directly responsible in charge and other direct liable persons shall be given administrative sanctions.

Violation of the provisions of this law, administrative organs, people's courts orders financial institutions money into the Treasury or financial account other than the account to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.

67th Court and its staff in the enforcement of any irregularity or expand the scope of enforcement to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.

The 68th in violation of the provisions of this law, causes losses to the citizens, legal persons or other organizations, shall be subject to compensation.

Violation of the provisions of this law, to constitute a crime, criminal responsibility shall be investigated according to law.
  The seventh chapter by-laws

69th 10th within the term provided for in this law refers to working days, excluding holidays.

70th laws, administrative regulations, grant rights to the management of public affairs within the statutory mandate of the Organization, implementation of administrative enforcement in its own name and apply the provisions of this Act relating to the executive authorities. The 71st article this law shall enter into force on January 1, 2012.