Decision Of The Standing Committee Of The National People's Congress To Amend Parts Of The Law

Original Language Title: 全国人民代表大会常务委员会关于修改部分法律的决定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
  (August 27, 2009, the 11th session of the Standing Committee of the national people's Congress, adopted at the tenth session)

The people's daily (September 4, 2009 version 16)

People's Republic of China presidential order

(18th)

Decision of the Standing Committee of the national people's Congress to amend parts of the law by the People's Republic of China on August 27, 2009, adopted at the 11th session of the Standing Committee of the tenth National People's Congress, are hereby promulgated and, as of the date of promulgation.

People's Republic of China President Hu Jintao

The August 27, 2009

11th meeting of the Standing Committee of the tenth National People's Congress decides:

One, the following laws clearly do not meet the requirements of socialist market economy and social development changes 1. People's Republic of China seventh of the General principles of the civil law section be amended as: "civil activities should respect social morality and must not harm the social and public interests, disrupt social and economic order.



By deleting the 58th article sixth. 2.

By deleting the People's Republic of China Law on industrial enterprises owned by the second article fourth, 23rd, 35th, 55th in the first paragraph. 3.

By deleting the People's Republic of China sports law section 47th. 4.

By deleting the People's Republic of China education 57th, 59th in the third paragraph of the Act. 5.

By deleting the People's Republic of China Law on flood control article 52nd.

B, the following laws and legal interpretations on the "expropriation" provision amended

(A) the following laws and legal interpretations of "expropriation" is amended as "expropriation and requisition" 6.

People's Republic of China forestry law of 18th 7.

People's Republic of China military facilities protection law on the 12th 8.

People's Republic of China National Defense law of the 48th 9.

People's Republic of China Law on protection of interests of returned overseas Chinese and the family members of the 13th 10.

People's Republic of China rural land contract law on the 16th, 59th 11.

People's Republic of China Law of grassland 38th, 39th, 63rd 12.

People's Republic of China Article No. 381 of the Penal Code, No. 410 13.

Standing Committee of the national people's Congress on the People's Republic of China criminal law interpretation of the 93rd article of 14.

Standing Committee of the national people's Congress on the People's Republic of China Article No. 228 of the Penal Code, No. 342, No. 410 of interpretation

(B) the following laws in the "expropriation" is amended as "expropriation" 15.

People's Republic of China fisheries law article 14th 16.

People's Republic of China Railway Act 36th 17.

People's Republic of China on urban real estate administration law of the Nineth 18.

People's Republic of China electric power law 16th 19.

People's Republic of China coal law 20th 20.

People's Republic of China administration reconsideration law 30th 21.

People's Republic of China agriculture law the 71st

Third, the modification to the following legal provisions on criminal liability

(A) the following laws "in accordance with the provisions of article x of the Criminal Code" and "mutatis mutandis the provisions of article x of the criminal code," amended to read "in accordance with the relevant provisions of the criminal law" 22.

People's Republic of China article 29th of the Metrology law 23.

People's Republic of China mineral resources law of the 39th, 40th, 43rd, 44th, 48th 24.

People's Republic of China article 22nd of frontier health and quarantine law 25.

People's Republic of China Law on industrial enterprises owned by the 62nd, 63rd, 26.

People's Republic of China Wildlife Conservation Act, 32nd, 37th 27.

People's Republic of China Law on assemblies, processions and demonstrations the 29th 28.

People's Republic of China military facilities protection law on the 33rd and 34th 29.

People's Republic of China Railway Act 60th, 64th, 65th 30.

People's Republic of China Law on the entry and exit animal and plant quarantine 42nd, 43rd 31.

People's Republic of China National People's Congress and local people's congresses at all levels on behalf of the 39th article of 32.

People's Republic of China mining safety law was the 46th, 47th 33.

People's Republic of China National Security Law on the 26th, 27th, 32nd 34.

People's Republic of China teacher's 36th 35.

People's Republic of China Red Cross Society Act, 15th 36.

People's Republic of China Labour Code 92nd 37.

People's Republic of China Law on maternal and infant health section 36th 38.

People's Republic of China Civil Aviation Act 194th, 196th, 198th, 199th 39.

People's Republic of China electric power law the 71st, 72nd, 74th 40.

People's Republic of China article 61st of the law on administrative punishment 41.

People's Republic of China Law on gun control the 40th, 42nd, 43rd 42.

People's Republic of China coal law article 78th, 79th

(B) the following references have been included in the law on punishment of the crimes of the criminal code was repealed the provisions of decision amended to read "in accordance with the relevant provisions of the criminal law" 43.

People's Republic of China wildlife conservation law article 31st of 44.

People's Republic of China article 35th of the military facilities protection law 45.

People's Republic of China Railway Act article 69th 46.

People's Republic of China on tobacco monopoly law 40th, 42nd 47.

People's Republic of China civil aviation law 191th

(C) by deleting the following laws relating to "speculation" and "profiteering crime" provisions and amendments 48. People's Republic of China article 28th of the Metrology law is amended as: "the manufacture, sale and use of the measuring instrument with the intention of deceiving consumers, confiscation of measuring instruments and illegal income, and impose a fine in serious cases, and individuals or units directly responsible shall be investigated in accordance with the relevant provisions of the criminal law liability.

” 49. People's Republic of China wildlife conservation law article 35th of the second paragraph is amended as: "the violation of the provisions of this law, the sale and purchase of wildlife under special State protection or the products, serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with law.

” 50. People's Republic of China Railway Act 70th is revised as follows: "railway worker used his position to smuggle, or collude with others in smuggling, criminal responsibility shall be investigated in accordance with law.

” 51. People's Republic of China article 38th of the tobacco monopoly law is revised as follows: "selling tobacco products, constitute a crime, criminal responsibility shall be investigated according to law; a minor, does not constitute a crime, by the Administrative Department for industry and Commerce of tobacco monopoly and illegal income confiscated reselling, and may also be fined.



(D) specific provisions on liability in the following legal amendments 52. People's Republic of China Law on exit and entry of citizens manage 16th is amended as: "the State of implementation of this law, using his power to ask for or accept bribery or other illegal misconduct, serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

” 53. People's Republic of China article 61st of railway law is revised as follows: "intentionally damaging, moving railway signal devices or placed on a railway track to make the train overturned obstruction, investigated for criminal responsibility in accordance with the relevant provisions of the criminal code.

” The 62nd article is revised as follows: "the theft of parts and components of the railway line On the road facilities or equipment of the railway track, endangering traffic safety, investigated for criminal responsibility in accordance with the relevant provisions of the criminal code.

” 63rd is amended as: "assembling a crowd to block trains, the impact of rail traffic control Office not to be stopped, the ringleaders and syndicates investigated for criminal responsibility in accordance with the relevant provisions of the criminal code.

” 66th article is revised as follows: "selling passenger ticket, constitute a crime, criminal responsibility shall be investigated in accordance with law. Railway employees selling passenger tickets or colluding with others reselling of passenger tickets, investigated for criminal responsibility in accordance with the relevant provisions of the criminal code.

” 54.

People's Republic of China article 39th of the tobacco monopoly law is revised as follows: "forging, altering, buying and selling of this law regulate the tobacco monopoly production Enterprise licenses, tobacco monopoly business licenses and permits and transportation permit, investigated for criminal responsibility in accordance with the relevant provisions of the criminal code. "Tobacco monopoly Administration Department personnel who take advantage of the convenience of duty and tobacco companies guilty of the preceding paragraph, shall be given a heavier punishment.

” 55. People's Republic of China on urban real estate administration law the 71st article is revised as follows: "property management, land management staff using the convenience of duty, extort, or illegally accept someone else's property for the benefit of others, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions.

” 56. People's Republic of China civil aviation law 192th is amended as: "the use of violence against persons of civil aircraft in flight, endanger the safety of flight, in accordance with the relevant provisions of the criminal law liability.

” Paragraph 193th is amended as: "the violation of the provisions of this law, concealed carry explosives, detonators or other dangerous goods aboard the aircraft, or the names of non-dangerous goods consignment of dangerous goods, investigated for criminal responsibility in accordance with the relevant provisions of the criminal code.

” Third paragraph: "concealed carry of firearms, ammunition, controlled knives aboard the aircraft and investigated for criminal responsibility in accordance with the relevant provisions of the criminal code.

” 195th is amended as: "intentionally placed on the use of civil aviation dangerous goods or abetting others to place dangerous goods sufficient to destroy the aircraft, endanger the safety of flight, in accordance with the relevant provisions of the criminal law liability.

” 197th is amended as: "the theft or intentional damage, air navigation facilities in mobile use, endangering flight safety, enough to make civil aircraft in danger of falling, destruction, investigated for criminal responsibility in accordance with the relevant provisions of the criminal code.

” 57.

People's Republic of China article 39th of gun control laws is amended as: "the violation of the provisions of this law, unauthorized manufacture, sale or transportation of firearms, criminal responsibility shall be investigated in accordance with law. "The behavior of the preceding paragraph, the unit shall be sentenced to a fine, and directly responsible to the head of personnel and other persons investigated for criminal responsibility in accordance with the relevant provisions of the criminal code.

” 41st is amended as: "the violation of the provisions of this law, illegally holding or hiding a firearm, illegal transport, carry firearms, entry, exit, and investigated for criminal responsibility in accordance with the relevant provisions of the criminal code.

” 58. People's Republic of China military service law 62nd article is revised as follows: "servicemen to escape from military service for the purpose, refuse to perform their duties or fleeing troops, disciplined in accordance with the provisions of the Central Military Commission, constitutes a crime, criminal responsibility shall be investigated according to law.



Four, the following laws and decisions on legal issues in the amended provisions on administrative penalties for public security

(A) the references in the following laws and decisions on legal issues of "Security Administration punishment regulations" is amended as "law on public security administration punishments" 59.

People's Republic of China military service act article 64th 60.

People's Republic of China mineral resources law of the 41st, 48th 61.

People's Republic of China Wildlife Conservation Act, 39th 62.

People's Republic of China Law on assemblies, processions and demonstrations the 28th and 32nd 63.

People's Republic of China Railway Act 67th 64.

People's Republic of China article 37th of soil and water conservation law 65.

People's Republic of China on tobacco monopoly law the 41st 66.

People's Republic of China Trade Union Act of the 51st 67.

People's Republic of China product quality law of the 69th 68.

People's Republic of China Law on protection of consumer rights and the 52nd article 69.

People's Republic of China sports law from 51st to 53rd 70.

People's Republic of China Civil Aviation Law No. 200 71.

People's Republic of China electric power law article 70th 72.

People's Republic of China on administrative punishment law 42nd 73.

People's Republic of China coal law 76th 74.

People's Republic of China Law on protection of rights and interests of the elderly 46th, 48th 75.

People's Republic of China civil air defense law of the 50th 76.

People's Republic of China Law on flood control article 61st, 62nd, 64th, 77.

People's Republic of China Law on practitioners 40th 78.

People's Republic of China Law on safety in the 94th 79.

People's Republic of China water law 72nd 80.

The Standing Committee of the national people's Congress concerning the punishment of criminals who smuggle, produce, sell or disseminate pornographic articles decision on article II, III 81.

The Standing Committee of the national people's Congress regarding the severe punishment of criminals trafficking, kidnapping women, children of the decision of the fourth 82.

The Standing Committee of the national people's Congress of the decision on safeguarding Internet Security article sixth

(B) the following laws and decisions on legal issues relating to specific provisions of the public security management punishment changes 83.

By deleting the People's Republic of China on industrial enterprises owned by the 64th article of the law; Second paragraph is amended as: "disturbing the order of the enterprise, resulting in production and business operations and work go on smoothly, but not having caused serious losses, by local public security organs in accordance with the People's Republic of China Law on administrative penalties for public security are punishable.

” 84. People's Republic of China Wildlife Conservation Act, the 33rd article is revised as follows: "violation of the provisions of this law, does not obtain a gun permit guns to hunt wild animals, by the public security organs in accordance with the provisions of article 32nd.

” 85.

People's Republic of China military facilities protection law on the 32nd, 33rd and 34th in the "provisions of the article apply mutatis mutandis to the regulations the 19th" amended to read "application of the People's Republic of China on public security administration punishments 23rd penal provisions of the Act". 86. People's Republic of China national flag law of the 19th is amended as: "publicly and wilfully burning, mutilating, scrawling on, defiling or trampling on it way to insult People's Republic of China national flag, shall be investigated for criminal responsibility; minor, 15th following the detention by the police.

” 87. People's Republic of China National Emblem Law of the 13th amendment as follows: "publicly and wilfully burning, mutilating, scrawling on, defiling or trampling on it way to insult People's Republic of China national emblem, criminal responsibility shall be investigated according to law; minor, 15th following the detention by the police.

” 88.

People's Republic of China National People's Congress and local people's congresses at all levels on behalf of 39th in the third paragraph of the Act "in accordance with the provisions of section 19th penalty" is amended as "the application of the People's Republic of China on public security administration punishments 50th penalty provisions of the Act". 89.

People's Republic of China Red Cross Society in the 15th paragraph of the Act "provisions of the article apply mutatis mutandis to the regulations the 19th" amended to read "application of the People's Republic of China on public security administration punishments 50th penalty provisions of the Act". 90.

People's Republic of China article 83rd of the highway law is amended as: "blocked road construction or road repair, road construction or repair is not carried out properly, but not having caused serious losses, in accordance with the People's Republic of China Law on administrative penalties for public security are punishable.

"Damage to roads or unauthorized mobile highway signs, which may affect traffic safety, but not serious enough for criminal punishment, apply the People's Republic of China on road traffic safety 99th penal provisions of the Act. "Refuse or obstruct road supervisory and checking personnel shall carry out their duties without resorting to violence or intimidation, in accordance with the People's Republic of China Law on administrative penalties for public security are punishable.

” 91.

III of the decision of the Standing Committee of the national people's Congress on strictly prohibiting prostitution, fourth in the "punishment in accordance with the provisions of section 30th" amended to read "in accordance with the People's Republic of China Law on administrative penalties for public security are punishable".

Five names, the following legal references in other laws or provisions corresponding provisions amended 92.

People's Republic of China military service act article 27th in the "military service regulations of the PLA" is amended as "People's Republic of China Law on officers in active service and the People's Republic of China Law on reserve officers". 93.

People's Republic of China in the second paragraph of article 35th of the law "of the People's Republic of China urban planning law" is amended as "People's Republic of China Law on urban and rural planning." 94. People's Republic of China police ranks of article II of the bill amended to "police implementation of the rank system.

” 95.

People's Republic of China Law on arbitration of the 63rd "civil procedure law No. 217 of article" amended to read "civil procedure law No. 213 article"; in the 70th and 71st "civil procedure law article No. 260" amended to read "Article No. 258 civil procedure law".

This decision shall come into force as of the date of. (Xinhua News Agency, Beijing, August 27)