China Insurance Regulatory Commission On Amendments To The China Insurance Regulatory Committee Decision Procedure Of Administrative Penalty

Original Language Title: 中国保险监督管理委员会关于修改《中国保险监督管理委员会行政处罚程序规定》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201506/20150600399248.shtml

  2015 2nd China insurance regulatory Commission is now publishing the China insurance regulatory Commission to amend China insurance regulatory Commission on administrative punishment decision of the procedure, as of the date of promulgation. April 21, 2015 China insurance supervision Management Committee on modified China insurance supervision Management Committee administrative punishment program provides of decided China insurance supervision Management Committee decided on China insurance supervision Management Committee administrative punishment program provides for following modified: will second article second paragraph modified for: "China CIRC and the sent institutions implementation Qian paragraph by column of administrative punishment, should followed this provides of program, China Circ another has provides of except.

"This decision as of the date of promulgation.

The China insurance regulatory Commission on administrative punishment procedures be revised according to this decision the provisions promulgated anew. China insurance regulatory Commission on administrative punishment procedures (April 27, 2010 2010 5th China insurance regulatory Commission, published on April 21, 2015, the China insurance regulatory Commission on amendments to the China insurance regulatory Commission on revision of the procedure of administrative punishment decision) Chapter I General provisions article To specification and guarantees China insurance supervision Management Committee (following referred to China CIRC) and the China Circ sent institutions (following referred to sent institutions) law implementation administrative punishment, maintenance insurance market order, protection insurance institutions, and insurance assets management institutions, and insurance intermediary institutions, and foreign insurance institutions China representative institutions, and insurance practitioners, and other organization and citizens (following referred to party) of lawful rights and interests of, according to People's Republic of China administrative punishment method (following referred to administrative punishment method), and

People's Republic of China Insurance Act (hereinafter referred to as the Insurance Act) and other related laws, administrative regulations, this provision is enacted. Second article party violation about insurance management of legal, and administrative regulations and China Circ provides of, China CIRC and the sent institutions should law investigation, and law made following administrative punishment: (a) warning; (ii) fine; (three) confiscated illegal proceeds; (four) limit business range; (five) ordered stop accept new business; (six) ordered closed reorganization; (seven) revoked business license; (eight) revoked foreign insurance institutions China representative institutions; (nine) revoked served qualification, and practitioners qualification,

Or revoked certificate, (10) order to replace Chief Representative of representative offices of foreign insurance institutions (11) prohibition of entering the insurance industry, (12) other administrative penalties stipulated in laws and administrative regulations.

Agency of the China insurance regulatory Commission and the implementation of administrative punishments listed in the preceding paragraph shall follow the procedures laid down in this, except as otherwise stipulated by the Circ.

Without a legal basis or in compliance with legal procedures, administrative penalty is not valid.

Third agency of the China insurance regulatory Commission and the implementation of administrative punishments shall be guided by the following principles: (a) fair and open, (ii) to protect the legitimate rights and interests of the parties, (iii) combination of punishment and education; (d) the facts are clear, the evidence, accurate, properly applicable penalties appropriate (v) procedure.

Article fourth local Office of the China insurance regulatory Commission and impose administrative penalties, the law system.

Regulators and direct interest or any other relationship between the parties, may affect the impartiality of the law enforcement, should be avoided.

Article fifth Agency of the China insurance regulatory Commission and the implementation of administrative punishments and implement filing a case, investigation, trial, decision phase separation system.

Circ sixth and agencies before making the decision on administrative penalty, it shall inform the party making the facts, reasons and basis for administrative penalty decision, and shall inform the Parties shall have the right to.

Article seventh party to the local Office of the China insurance regulatory Commission and given administrative punishment, shall have the right, the right to be heard; not satisfied with the administrative punishment, entitled to apply for administrative reconsideration or bring an administrative suit.

Party by the local Office of the China insurance regulatory Commission and the administrative penalties law damages, shall have the right to file a claim for compensation.

Eighth Agency of the China insurance regulatory Commission and must fully hear the views of the parties, review the facts, reasons and evidence submitted by the parties; establishment of the facts and reasons or evidence submitted by the parties, should be adopted.

Nineth insurance agencies in these rules refers to the insurance regulatory authority approved the establishment, and legally registered insurance company and its affiliates.

Insurance asset management institutions in these rules refers to the insurance regulatory authority approved the establishment, and legally registered insurance asset management Corporation and its subsidiaries.

Insurance intermediaries in these rules refers to insurance agencies, insurance brokerage agencies and insurance assessment institutions and their branches.

Business licenses in these rules refers to the insurance company legal person license, insurance license, insurance marketing services licenses, operating concurrent-business insurance agent license, insurance agent license, insurance broker license, business insurance adjuster license, insurance asset management Corporation license and permit to operate insurance asset management business.

Chapter II jurisdiction article tenth the following institutions and their employees within the Agency are responsible for the area of insurance illegal imposition of administrative penalty: (a) insurance company branches; (b) the insurance intermediary institutions; (c) the insurance regulations of other agencies.

11th article sent institutions is responsible for on area within following violations implementation administrative punishment: (a) unauthorized established insurance company of; (ii) illegal engaged in commercial insurance business activities of; (three) unauthorized established insurance assets management company of; (four) unauthorized established professional insurance agent institutions, and insurance brokers institutions, and insurance public estimated institutions of; (five) illegal engaged in insurance agent business or brokers business activities of.

Agencies when such offences are administrative punishments shall be in accordance with the Insurance Act, the illegal financial institutions and illegal financial business activities combating measures and relevant provisions of the China insurance regulatory Commission.

12th Agency following administrative penalties, shall be submitted to the China insurance regulatory Commission for approval: (a) revoke a business license issued by the China insurance regulatory Commission, (ii) approved by the China insurance regulatory Commission to revoke the qualification.

13th insurance violations outside of agency jurisdiction, governed by the China insurance regulatory Commission.

14th the CIRC may direct insurance offences within the jurisdiction of the investigating agency, or Commission agency investigating insurance violations within the jurisdiction of the China insurance regulatory Commission.

Agencies accept commissioned to investigate insurance violations committed by the CIRC, shall report the investigation result to the China insurance regulatory Commission. Remote operation of section 15th insurance violations, violations of agency jurisdiction. Violations of Agency shall notify the Agency of the location of the committed offences subject.

Committed offences the main location of dispatched institutions should cooperate with the violation investigation.

16th more Agency has jurisdiction over the same offence or insurance violations, it is difficult to identify, by the first filing of agency jurisdiction.

Two or more branches of a jurisdictional dispute, shall be submitted to the China insurance regulatory Commission to exercise jurisdiction. Article 17th insurance violations investigated by the Agency found that does not fall under its jurisdiction, it shall promptly transfer the case has jurisdiction over the Agency.

The Agency has objections to the jurisdiction of the transfer, his own removal, shall be submitted to the China insurance regulatory Commission to exercise jurisdiction.

Section I of chapter III filing and investigating record 18th China insurance regulatory Commission and the Agency found that the party in breach of the insurance laws, administrative rules and regulations stipulated by the CIRC, shall be subject to administrative penalties in accordance with law, shall initiate an investigation.

19th file should be filled in the administrative punishment case form, approved by the investigations department head or head of Agency, decided to file or not to file.

Article 20th case investigation department shall determine specified within the 3rd days of filing the case investigators.

Avoidance of investigators should be investigated by the case head or head of agency decisions.

Investigation section II article 21st investigators the facts of the case should be comprehensive, objective, and impartial investigations and collect evidence in accordance with law.

22nd investigators obtain evidence, shall be not less than two persons, and shall produce to the party or person concerned, China insurance regulatory Commission or agency legal documentation notice of inspection, investigation and supervision.

Investigators less than two or without legal documents and notice of inspection, investigation, inspected units and individuals have the right to refuse.

Article 23rd case investigators, should collect adequate evidence. Article 24th investigator shall collect or obtain original documents relating to the case as evidence.

Difficult access to original evidence, you can copy, copies shall be marked "after checking with the original and correct" and signed or sealed by the card issuer. 25th investigators can ask parties and witnesses to provide evidence or other material relating to the violations and material providers in related materials, signed or sealed.

Refuses to sign or seal, shall be indicated on the material. Article 26th investigators may question parties and witnesses. Asked individually.

Asked should be informed before its factual presentation of the facts, the obligation to provide evidence. Inquiries shall be made of the investigative records, those surveyed the investigative records should check about the lack of ability to read, should be read to them. Record is subject to errors, omissions, and should be allowed to correct or supplement. After it has been checked, by the respondents on a page-by-page in the record signed or sealed. Investigators should record the last signature.

Respondents refused to sign or seal shall be indicated in the record.

27th investigators on suspicion of illegal goods during the scene investigation, shall have the Parties present, and production of the transcripts; party refuses to be present, should be indicated in the transcripts.

28th sample evidence, a party should present, open lists, by investigators and signed or sealed by the parties.

29th may be transferred, concealed documents and information can be sealed or destroyed.
Article 30th after that evidence may be destroyed or lost or difficult to obtain case and antecedent register measures can be taken.

Advance registration and preservation measures should fill out the approval of advanced registration and preservation of evidence, and approved by the head of the China insurance regulatory Commission or agency responsible.

31st advance registration and preservation of evidence, shall issue the notice of advance registration and preservation of evidence, fill in the registration of the saved items list, confirmed by the parties sign or affix their seals and seal the CIRC or agencies first register to save seals, and retained by the parties.

During the registration and preservation of evidence, the party or person concerned shall not be damaged, destroyed, or move evidence.

For advanced registration and preservation of evidence, shall make a decision within the 7th.

Article 32nd case investigation department can Commission other agencies to assist in the investigation, forensics, but must provide a written authorization, authorized agencies should actively assist.

33rd case investigation department can hire good credit accounting firms and law firms and other intermediary agencies involved in the investigation, but must be issued its report.

Article 34th on the evidence that has been or may be transferring, hiding illicit funds in connection with the property or conceal, falsify, destroy important evidence, the approval of the China insurance regulatory Commission Chief or agency primarily responsible, may apply to the Court to freeze or shut down. Section III referred to the 35th investigations end, investigation departments shall draw up a report of the investigation, Department head for approval.

The investigation report should include at least the following: (a) the basic situation of the parties, (ii) investigation and evidence, and (iii) recommendations and relevant basis.

The preceding paragraph "recommendation" includes administrative penalties, no administrative penalty, should not be given administrative punishment or be transferred to judicial organs for handling proposals.

Article 36th following the end of investigations, investigation departments needs to be an administrative punishment, the case book should be filing form, the administrative penalty and the investigation report, relevant evidence and case files materials together with trial Department.

37th cases Department to review the case file material, file is not standard, return investigation sector supplement will be handed over later.

38th case investigation department in the course of investigation found illegal facts are suspected of a crime and needs to be investigated for criminal responsibility according to law, shall, in accordance with the provisions of administrative law-enforcement organs transfer suspected criminal cases, the China insurance regulatory Commission on administrative enforcement of provisions of transfer suspected criminal cases in a timely manner and other relevant provisions, transferred to the judicial organs in a timely manner. Section I chapter fourth penalty trial after the 39th case sector accepted the case, investigation procedures, illegal facts, qualitative, admissibility of evidence, types of punishment and the scope of the case for trial.

Grave and complex cases should be decided collectively by the trials sector. 40th article case trial Hou, case trial sector should making case trial report, according to case about situation respectively proposed following processing views: (a) case main facts not clear or main evidence insufficient of, returned case survey sector added survey; (ii) not constitute administrative illegal of, not punishment; (three) is constitute administrative illegal but plot minor can not administrative punishment, need take non-administrative punishment regulatory measures of, referred to the case survey sector processing; (four) should be administrative punishment of,

Punishment (v) constitute a crime, he transferred to judicial organs.

Section II rights inform 41st intends to make a decision of administrative penalty, departments shall, in the case before making a decision to inform clients on the right.

Inform prior notification shall be made to the administrative punishment, inform the parties intended the facts, reasons and basis for administrative penalty decision, and shall inform the parties of the right to State and to defend themselves. 42nd the parties have the right to make statements and to defend themselves.

From the date of the prior notice of administrative penalty served on the 10th, and failure to exercise the right to be heard, the right to defence, as a waiver of rights. Article 43rd requirement statements and pleadings by the parties, shall submit written materials.

Parties, in exceptional cases, approved by the China insurance regulatory Commission or agency, you can extend the deadline for written submissions. Cases departments should fully heed the views of the parties, on the facts, reasons and evidence submitted by the parties, review carefully.

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

Penalties shall not be a party to plead.

44th intends to make a decision of administrative penalty of facts, grounds, and basis has changed, prior notice of administrative penalty shall be reworked and served on the party.

Third section hearing 45th article case trial sector intends made following administrative punishment of, should in administrative punishment prior told book in the together told party has requirements held hearing of right: (a) on insurance institutions and the insurance assets management institutions corporate sentenced 1 million Yuan above of fine or on its branch institutions sentenced 200,000 yuan above of fine; on insurance intermediary institutions corporate sentenced 300,000 yuan above of fine or on its branch institutions sentenced 100,000 yuan above of fine; (Ii) on personal sentenced 50,000 yuan above of fine; (three) limit business range; (four) ordered stop accept new business; (five) ordered closed reorganization; (six) revoked business license; (seven) revoked foreign insurance institutions China representative institutions; (eight) revoked served qualification, and practitioners qualification, or revoked qualification certificate; (nine) ordered replaced foreign insurance institutions China representative institutions of Chief; (10) ban into insurance; (11) legal, and

Administrative rules and regulations and CIRC regulatory rules may request a hearing of additional penalties.

Article 46th to request a hearing, shall from the date of the prior notice of administrative penalty served within 3rd. Parties may also choose representations and to defend themselves.

Select statements and pleadings by the parties, case 43rd departments shall, in accordance with the provisions of the rules be reviewed.

47th party to request a hearing, departments should determine the case hearing. 48th article hearing host in hearing program in the can exercise following terms: (a) decided held hearing of time and locations; (ii) decided hearing of extension, and suspended or end; (three) asked hearing participate in people; (four) adjustable take and audit about evidence; (five) maintenance hearing order, on violation hearing order of personnel for warning, plot serious who, can ordered its exit; 49th article hearing host in hearing program in the should bear following obligations: (a) public, and just to perform presided over hearing duties,

Guarantee the parties the right to be heard according to the law, the right to defence and the right of cross-examination and (ii) keep hearing cases involving State secrets, business secrets and personal privacy; (c) not bending, harboring condoning violations.

50th record of the hearing in the hearing procedure shall bear the following obligations: (a) the administrative punishment notice of hearing served on the parties and the related person; (b) should be carefully and truthfully making hearing transcripts, and (iii) keep hearing cases involving State secrets, business secrets and personal privacy.

51st case investigators, a party or a third person, Attorney, witness, expert witnesses and inspection personnel, translators are participants in the hearing.

52nd article party enjoys following right: (a) application hearing host avoided; (ii) personally participate in hearing or delegate a to two name agent participate in hearing; (three) on case survey personnel proposed of facts, and evidence and according to for defence; (four) on case of evidence to survey personnel and witnesses for quality card; (five) hearing end Qian for last statement; (six) audit hearing record.

53rd the parties and other participants in the hearing shall bear the following obligations: (a) attend the hearing, (ii) proof according to law; (c) answer Presiders inquiries; (d) observe the hearing order.

54th case sector according to the decision of the hearing officer, after you determine the time and place of the hearing, it shall make the notification of administrative punishment hearing, hold a hearing before 7th served on the parties concerned and other participants in the hearing.

55th and have a stake in hearing cases of other citizens, legal persons or organizations can apply to attend the hearing.

56th agent is entrusted by the parties to the hearing, shall submit to the hearing by his signature or seal of a power of attorney.

Power of attorney shall set forth the matters entrusted and the permissions.

57th case investigators shall attend the hearing, facts and evidence submitted to the hearing party illegal and the punishment recommendation.

Article 58th hearing notice and hearing in the case of witnesses, expert witnesses and inspection personnel, interpreters to the hearing.

Article 59th of the hearing be held in public, the hearing officer shall be announced on the premises the party name or name, subject, time and place of the hearing.

Related to State and commercial secrets or personal privacy cases not held public hearings, the hearing officer shall indicate to the parties is not reason for public hearings.

60th article hearing began Qian, hearing records Member should identified hearing participate in people whether scene, and announced following hearing discipline: (a) without hearing host allows shall not statement, and questions; (ii) without hearing host allows shall not recording, and video and photography; (three) without hearing host allows hearing participate in people shall not exit; (four) shall not loud noise, shall not applauded, and give rise to or for other hamper hearing order of activities.

61st hearing check their capacity as participants in the hearing, announce the list of the presiding hearer, hearing reporters, told the rights and obligations of participants in the hearing in the hearings, asked the parties whether to apply for a hearing to avoid. 62nd article hearing should according to following program for: (a) hearing host announced hearing began, announced case; (ii) case survey personnel proposed party illegal of facts, and evidence, and administrative punishment of according to and recommends,; (three) party and delegate agent on survey personnel proposed of illegal facts, and evidence, and administrative punishment of according to and recommends for defence, and can show no illegal facts, and illegal facts more light, or reduce, and from administrative punishment of evidence material; (four) by hearing host allows, The investigators of the case and the parties may be relevant evidence in cross-examination, may also put questions to witnesses, expert witnesses and inspectors;


(E) the parties make final statements; (vi) the hearing officer announced the end of the hearing.

63rd to appear one of the following circumstances, the hearing should be postponed the hearing: (a) due to causes of force majeure beyond the presence of the parties, (ii) interim apply for hearing the parties avoided, and (iii) other circumstances that warrant the extension.

64th article appeared following case one of of, hearing host can suspended hearing: (a) need notification new of witnesses scene, adjustable take new of evidence or need again identification, and survey or need added survey of; (ii) party for not resist of causes, cannot continues to participate in hearing of; (three) corporate or other organization terminated, yet determine right obligations inherited people; natural lost capacity or death, yet determine statutory agent or need waiting for heir showed that whether participate in hearing of;

(Iv) other circumstances that warrant the suspension hearing.

65th deferred, suspended the hearing after the, the hearing officer shall restore the hearing and will notify participants in the hearing time and place of the hearing.

66th article appeared following case one of of, hearing host should terminated hearing: (a) party withdrawn hearing requirements of; (ii) party no due reason not participate in hearing, or without hearing host allows midway exit of; (three) party death, and lost capacity or terminated full 3 months Hou, not determine statutory agent or right obligations inherited people of; (four) intends made of administrative punishment decided change, not need held hearing of; (five) other should end hearing of case.

Withdrawn the hearing requested by the parties, the hearing record should be recorded at the hearing and signed or sealed by the parties.

67th record of the hearing shall truthfully, fully documented process of a hearing, the hearing and the record of the hearing officer shall sign the hearing record.

Hearing shall be approved by the parties and the case investigators signatures or seals on the spot.

The party refuses to sign or seal, the hearing record should be recorded at the hearing.

Fourth penalty 68th cases departments should, based on the investigation report and client statements, representations and hearings to prepare the written decision of administrative penalty, head of the local Office of the head of the CIRC or approval.

69th article administrative punishment decided book should including following content: (a) party of name or name, and residence; (ii) violation legal, and administrative regulations or regulations of facts and evidence; (three) administrative punishment of type and according to; (four) administrative punishment of perform way and term; (five) refuses to administrative punishment decided, application administrative reconsideration or filed administrative litigation of way and term; (six) made administrative punishment decided of organ name and the made decided of date.

70th of the written decision of administrative penalty must be stamped with the seal of the authority decision of administrative penalty.

71st China insurance regulatory Commission and the Agency of the written decision of administrative penalty shall be served on the parties concerned.

72nd Circ or its agent should be made from the date of the decision on administrative penalty in the 20th, the contents of the decision on administrative penalty in CIRC and published on the Agency's Web site.

Fifth chapter implementation of 73rd after the decision on administrative penalty according to law, the parties concerned shall discharge within the time limit specified in the decision of administrative penalty.

74th party of China insurance regulatory Commission or agency refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit, the administrative penalty does not stop the execution, except as otherwise provided by law.

75th party fails to carry out administrative punishment decision, an administrative agency of the China insurance regulatory Commission or penalty decision may take the following measures: (a) the expiration does not pay the fine, the daily 3% Add a fine in accordance with the amount of the fine, (ii) apply to the people's Court for compulsory execution, and (iii) other measures stipulated by laws and administrative regulations.

76th if they face genuine financial difficulty, delay or in installments to pay the fine, approved by the client application and make a decision of administrative penalty authority, can be suspended or made in installments.

77th among the articles shall be destroyed in accordance with law, of illegally confiscated property must be in accordance with State regulations or the public auction in accordance with the relevant provisions of the State.

Confiscation of notes unified processed by relevant departments.

Destruction of goods, in accordance with the relevant provisions of the State; not provided for, subject to approval of the Bureau decision of administrative penalty, by two or more law enforcement officials supervised the destruction, and destruction of records.

Processing, shall draw up a list.

78th revoked business licenses, shall withdraw the business license, and specify the newspaper China insurance regulatory Commission and China insurance regulatory Commission or agency shall be published on the website.

Notice shall include the following information: (a) name the institution of punishment; (b) the reasons for the decision and the legal basis, and (iii) other matters need to be announced.

79th confiscation and forfeiture of proceeds, must be turned over to the State Treasury, no unit or individual is allowed to retain, distribute or disguised privately.

Sixth chapter supplementary articles article 80th the provision does not specify the administrative penalty procedures, application of the law on administrative punishments.

Calculated during the 81st article of the rules and instruments of administrative penalty served, in accordance with the civil procedure law and regulations of the China insurance regulatory Commission on time periods and service.

This stipulates that the term "day" refers to working days, excluding holidays.

82nd article of the provisions of the alleged head of the China insurance regulatory Commission Circ Chairman or with the authorization of the President.

Head of the Agency in these rules refers to the Agency Director or with the authorization of the Secretary.

83rd interpret these provisions by the China insurance regulatory Commission.

84th these provisions come into force on May 28, 2010; the China insurance regulatory Commission released on November 8, 2005, the China insurance regulatory Commission on administrative punishment procedures (CIRC 2005 3rd) repealed simultaneously.