People's Republic of China Customs procedures for handing administrative penalty cases 2014 (revised)
(March 2, 2007 Customs 159th order published March 13, 2014, the General Administration of Customs announced order No. 218, since as of the date of promulgation of the decision of the customs regulations on the part of the amendment) Chapter I General provisions
First in order to standardize customs procedures for handing administrative penalty cases, protect the legitimate rights and interests of citizens, legal persons or other organizations, in accordance with the People's Republic of China Law on administrative punishment, the People's Republic of China Customs law and the People's Republic of China implementation of customs administrative punishment Ordinance (hereinafter referred to as implementation of customs administrative punishment Regulation) as well as the provisions of relevant laws and administrative regulations, this provision is enacted. II customs procedures for handing administrative penalty cases these provisions apply.
Except as otherwise provided in laws and administrative regulations.
The Customs investigate the smuggling crime public security organization procedure for cases of punishment in respect to management of public security, in accordance with the People's Republic of China public security management punishment law and the implementation of the procedures of public security organs in handling administrative cases.
Article III cases of customs administrative punishment should follow fair, open, timely and convenient principle.
Article fourth customs administrative punishment cases, in areas inhabited by minorities or ethnic groups, you should use the local language for questioning and inquiry.
The party is not familiar with the local language, should be provided with translators.
Fifth article in the process of customs administrative punishment cases involving State secrets, business secrets and customs work secrets or personal privacy, should keep it a secret.
Chapter II general provisions
The sixth article customs discovered by other administrative offences or criminal investigation department shall make a removal letter, to transfer the case to the relevant administrative authorities or the criminal investigation department.
Seventh article customs investigations, gathering evidence, handling administrative punishment cases of customs officials (hereinafter referred to as case officers) shall be not less than 2, and shall produce to the party or person concerned law enforcement credentials.
Article eighth investigators, one of the following circumstances shall withdraw, the party and its agents have the right to apply for his withdrawal:
(A) is a near relative of a party or of the case;
(B) or any of his close relatives and have a stake in this case;
(C) other relationships with the parties to the case, could affect the impartial handling of the case.
Nineth investigators the withdrawal by their respective Customs or attached to the Commissioner to determine.
Article tenth investigators challenge, it shall submit a written application and state the reasons.
Investigators should unavoidable circumstances, no application for withdrawal, the parties and their agents nor for his withdrawal, decide they evaded excise can command him to withdraw. Parties and their agents require the officers to withdraw should apply, and explain the reasons.
Oral application, customs should be recorded.
11th withdrawal application against the parties and their representatives, the Customs shall make a decision and notify the applicant in writing within 3 working days.
Customs dismissed the recusal dispute, the parties and their representatives may upon receipt of a written notice within 3 working days after customs to apply for a review of decision 1; a decision should be made within 3 working days to review the Customs decision and notify the applicant in writing. 12th article customs before a decision is made, investigators did not stop in handling administrative punishment cases.
Prior to the decision made, investigators carried out activities in connection with the case is valid, decided by the Customs according to the circumstances of the case make a decision.
13th avoidance tests people, experts and interpreters, apply the provisions of article eighth to 12th.
14th customs administrative punishment cases of evidence are as follows:
(A) documentary evidence;
(B) physical evidence;
(C) audio-visual materials, electronic data;
(D) the testimony of witnesses;
(E) laboratory reports, conclusions;
(F) the statements of the parties;
(G) the identification, inspection records.
Evidence should be verified, as the basis for ascertaining the facts. 15th article customs collection of material evidence and documentary evidence should be original, original.
There is difficulty in collecting originals, originals and can shoot, the original copy is sufficient to reflect the original, content or appearance of the photograph, video recording, copy, and you can specify or authorize the relevant units or individuals to keep original, original.
Collecting material evidence and documentary evidence of the originals, originals should be a list, indicate the date of collection, stamped or signed after confirmed by the relevant units or individuals.
Collected by units or individuals keep documentary evidence of the original copy, photocopy or copying parts, you should indicate the source and collection, provided by units or individuals after the check is stamped or signed.
Collection kept by units or individuals exhibit the originals of photographs, videos, and shall attach the relevant repository creation process and the original text, and is provided by units or individuals in the seal or signature on the written description.
Provide the units or individuals refuse to seal or signature, investigators should be indicated. 16th article customs to collect electronic data or audio, video and other audiovisual material, shall collect the original carrier.
There is difficulty in collecting the original carrier, you can collect copies, indicating the production method, production time, producer, object and repository for original carriers, stamped or signed and confirmed by relevant units or individuals.
Customs to collect electronic data or audio and video copies of audio-visual materials, such as evidence of conversion should be carried out, electronic data can be converted to paper materials should be printed in time, sound recordings should be accompanied by a transcript of the audio content, stamped or signed and confirmed by relevant units or individuals. 17th an illegal act is not discovered within 2 years, no longer be given administrative punishment.
Except as otherwise provided by law.
The period of time specified in the preceding paragraph, from the date on which the violation occurred; continuous or continuing status for offences, from the date on which the Act ended. 18th period calculated by the hour, day, month, and year. During the time and day, not counting the period.
Period expires on the last day is a legal or statutory rest days and holidays, to the next first working day to the expiration date of the period.
Time period shall not include traveling time, delivering mail before expiry of the statutory, not regarded as overdue.
Article 19th due to causes of force majeure or other justified reason, the time period, the obstacle is removed may apply to the customs in the 10th after extended period whether to approve decisions by the customs. The 20th article customs administrative legal instrument, should be delivered directly to the addressee in person.
The addressee is a citizen, I am not making adult members of their families who live with them to sign; recipient of the service is a legal person or other organization, and shall be the legal representative of the legal persons, other organizations in charge of the person or the legal person or organization responsible for receiving documents signed; the addressee has the recipient of its agents, could be sent to the agent to sign. Direct administrative legal instrument by the person signing the certificate of service or seal, and indicate the receipt date.
Receipt date is the date of service on the certificate of service.
Article 21st person or adult members of their families living with refused to sign an administrative legal instrument, the person should be invited to witness the scene, explained the situation, reasons for rejection indicated in the certificate of service and date signed or stamped by service, witnesses, legal instruments remain in the addressee's Chief residence, the service shall be considered.
22nd direct administrative legal instruments have difficulty, may be entrusted to another Customs Service, or may be served by post.
Other customs service, should be entrusted with the Customs Commission procedures and by the trustee to produce their customs.
May be served by post, should be accompanied by a certificate of service and stated on the certificate of service, date of receipt as the date of service; the certificate of service does not return, by registered letter receipt or query complex as indicated on the date of receipt as the date of service.
Customs of the 23rd People's Republic of China in the field of residence of foreigners, stateless persons or foreign enterprises or organizations served on the administrative legal instruments set forth in these provisions shall apply to 20th to 22nd. The customs of the People's Republic of China has no domicile within the territory of aliens and stateless persons, foreign enterprises or organizations to directly reach the legal instrument should be served directly. The addressee has the recipient of its agents, customs officers can be delivered directly to the agent, can also be affected by the service in the People's Republic of China in the field of setting up representative offices or authorized to accept service of branch offices, and business agent directly.
Customs of the authorization in question, you can ask representatives with power of attorney by notary.
Direct administrative legal instruments have difficulty and the State in which the addressee's mail if permitted by law, service by mail.
Customs and Excise Department in Hong Kong, Macao and Taiwan service of legal documents, mutatis mutandis, People's Republic of China has no domicile within the territory of the foreigners and stateless persons, foreign enterprises or organizations served on the provisions of the legal instruments.
Article 24th recipient of the service is in the military, through their respective political organ above regimental units.
Recipient of the service is in prison or reeducation through labor, through their respective prisons, re-education through labour unit or the reformatory.
Addressee in the receipt date on the certificate of service, for the date of service.
25th clause this article 20th to the 24th article mode of delivery cannot be delivered, and service by publication. Service by publication in accordance with law, the Customs Administration should be posted in the original legal instruments of Customs Bulletin.
Written decision of administrative penalty notices served should also publish a notice in the newspaper.
Service by publication, spontaneously out of the expiration of 60 days from the date of notice, shall be deemed; People's Republic of China has no domicile within the territory of a party for service by publication, spontaneous out 6 months after the date of the announcement, deemed to be effected.
Otherwise provided in laws and administrative regulations, and concluded or acceded to an international treaty except as stipulated in the special mode of service.
26th illegal facts are clear and there is a statutory basis, below 50 for citizens, legal persons or other organizations impose administrative penalties penalty of 1000 Yuan or given a warning, in accordance with the People's Republic of China on administrative punishment law provisions relevant to the first section of the fifth chapter of administrative punishment on the spot.
Chapter III investigations
The 27th article customs found that citizens, legal persons or other organizations according to law, the Customs shall be given administrative punishments, should initiate an investigation.
28th article customs accept or find illegal clues, confirmed one of the following circumstances shall not be filed:
(A) there is no illegal facts;
(B) limitation of offences more than the punishment prescribed by law;
(C) other situations that are not filed in accordance with law.
Customs decides not to file, shall draw up a notice of not filing, promptly notify the informer suspected, clues of active removal of organs or surrendered illegal.
Section II for questioning, asking
Article 29th investigators questioning law suspects and witnesses should be individually and inform enjoy rights and perjury should bear the legal responsibility.
Offence suspects or witnesses shall truthfully and provide evidence.
Article 30th investigators questioning of suspected illegal, you can go to their unit or home, you can also request to customs or other designated locations. Investigators asked the witness, you can go to his unit or residence.
If necessary, can also notify the witness to customs or the specified locations.
31st record shall be made enquiries, asking the question, asking.
Question, inquiry record listed on the project should be complete filled in as prescribed, and indicated the questioning, asked about the start and end time investigators should sign on the questioning, asking the record. Questioning, interrogation shall be handed over to be on the spot and questioned people, asked people to check or read to them. By questioning people, asked people to check for errors and should be signed during questioning, interrogation on a per-page or NA fingerprints, refuse to sign or NA fingerprints, investigators should indicate on the inquiry, asking the record.
As the record is incorrect or missing, should be allowed to be corrected or supplemented by questioning people, interrogated, and signed at the correction or supplement or NA fingerprints.
Article 32nd questioning, asking a deaf or mute person shall be proficient in sign language deaf and dumb people participate as a translator, and reflected on the transcript was questioned people, interrogated the deaf and dumb.
Question, inquiry is not familiar with the Chinese language to foreigners, stateless persons, should provide translators were questioning people, questioned people familiar with Chinese language translator is not needed, it shall issue a written statement, investigators should indicate in the questioning, asking the record. Translator's name, place of work and career should be questioned, stated in the interrogation.
Sign interpreters should be questioning and interrogation.
33rd article customs questioning of suspected illegal for the first time, question witnesses, should consult the law of suspects and witnesses full name, date of birth, domicile, current address, identification type and number, place of work, education, whether it has been subjected to criminal punishment or administrative penalties by the Executive, if necessary, should also consult the main family members and so on. Against suspects or witnesses under the age of 18 were questioned, inquiries should be notified when their parents or other guardians arrived at the scene.
Did not notice or notification is not present, it should be recorded.
Article 34th is questioning people, interrogated requirements to provide written statements should be allowed, if necessary, investigators may also ask to be questioning people, interrogated on their own written statement. Is questioning people, people are asked to provide written statements, statements should be signed and include the time and place of written statements and statements and so on.
Investigators after receiving the written statement, should indicate the time of receipt and signature confirmation.
35th article questioning, questions, written at the same time, audio and video on demand.
Article 36th investigators against illegal statements from suspects and witnesses should listen and record.
Investigators are allowed to violence, threats, enticement, deceit or other unlawful means to obtain a statement.
Section III inspection and check 37th investigators check means of transport and the place according to law, inspection of goods, the goods shall make a record of inspection and check.
Inspection and check recorded by investigators, the parties or their agents sign or seal; the parties or his agent is not or refuses to sign or seal, investigators should indicate on the inspection, inspection records, and signed or stamped by a witness.
Article 38th investigators checking smuggling suspect body according to law, in a secluded place and non-inspection personnel should be out of sight, by more than 2 people of the same sex and be examined case officers.
Smuggling suspect a physical exam performed by a physician to assist, if necessary, to medical institutions for professional examinations.
Fourth test, identification 39th in the course of investigations, and related goods, items need to be sampling, identification, laboratory tests, commissioned by the customs or customs identification of body samples.
Extraction of samples, the party or his agent shall be present; the parties or his agent is not present, the Customs should be invited to witness the scene.
Of samples should be sealed confirmed, fill in samples and records, laboratory analysis and appraisal commissioned by the investigators or the Customs Agency, the parties or their agents, or witness signatures or seals.
Samples should be sent in time tests, identification of customs bodies tests and identified.
40th lawfully sold or licensed by the customs clearance of the goods concerned, the goods, the Customs shall draw 1-2 more samples; samples number and quantity of each sample to sample quality features that are limited. 41st laboratory analysis and appraisal should be handed over to the Customs laboratory accreditation bodies or entrust other national accreditation bodies.
The holder or owner of goods, goods should be based on laboratory tests and identification requirements needed to provide laboratory analysis and appraisal of relevant information.
42nd test people, expert testing, identification, shall issue a test report, conclusions. Laboratory reports, conclusions shall contain the principal and commissioned laboratory tests, identification of issues, related materials submitted to laboratory analysis and appraisal departments, laboratories, the basis of the identification and use of science and technology, laboratory analysis and appraisal description of departments and laboratories, identification, qualification, and there should be testing and authenticating signatures of persons and testing, seal of the Department.
Through the analysis of expert's conclusion, it shall explain the analysis process.
43rd party who disagrees with the report, conclusions, you can apply for the test, identification 1 customs review of justifiable, should be back for testing, identification. Laboratory analysis and appraisal costs borne by the customs.
Test and verification by the party applying for the customs, if testing, conclusions have changed, laboratory analysis and appraisal costs borne by the customs if tests, conclusions unchanged, testing, identification of the test and identification of the applicant's expense.
Fifth section query deposits or remittances
44th when investigation smuggling case, investigators query cases suspected of postal enterprises and personnel in financial institutions, deposits and remittances required by subordinate customs chiefs or its authorized subordination customs chief.
Article 45th query case investigators suspected units and personnel in financial institutions, postal deposits, remittances, should indicate that law enforcement capacity, show the Customs notice for assistance in the query.
Sixth day detention and guarantees
46th article customs legally detain the cargo, the goods, means of transport and other property and account books, documents and other materials shall produce their certificates for law enforcement, making detention warrants served on the spot told the reasons for their detention, basis and shall enjoy the rights. Detained vouchers shall record being detained in the cargo, the goods, means of transport or other properties, such as name, size, quantity, weight, name, size, quantity, weight, unable to determine on the spot, to describe its features should be as complete as possible.
Detain vouchers should be determined by investigators, parties or their agents, signed or sealed by the depositary; the parties or his agent is not or refuses to sign or seal, the investigators should indicate on the detained vouchers and signed or stamped by a witness. Customs legally detain the cargo, the goods, means of transport and other property and account books, documents and other information, you can add the Customs seals.
Add seals affixed by the customs, the party or the agent, the custodian shall take good care of it. 47th article customs detained the cargo, the goods, means of transport and other property, as well as books, documents and other materials shall not exceed a period of 1 year. Investigations required, authorized by subordinate customs chiefs or its authorized subordination Customs Chief, may be extended, extended periods of not more than 1 year.
But during the proceedings of review, are not counted.
48th at the people's Court or of customs administrative punishment decision, before, on the detention of dangerous goods or fresh, perishable, easy to break, and failure, not suitable for long-term storage of goods, such as perishable goods, as well as by an application for advance sale of the cargo, the goods, means of transport, need sold according to law shall be authorized by subordinate customs chiefs or its authorized subordination customs chief. Customs before the sale, it shall notify the first sale of the owner of the cargo, the goods, the transport means.
If sold before a timely notice, the Customs shall after the cargo, the goods, means of transport, sell, notify all of its people. 49th article customs according to law to lift the cargo, the goods, means of transport and other property and related account books, documents and other information withheld shall make and issue discharge notice of detention served.
Disarmament, a notice of detention by investigators, parties or their agents, custodians signed or sealed by the party or his agent is not present, or a party or representative refuses to sign or seal, the investigators should indicate on the lift a notice of detention, and by a witness signature or seal.
50th suspected illegal cargo, the goods, means of transport detained impossible or inconvenient, the party or the means of transport to the customs guarantee, investigators served guarantee vouchers shall be made a party, or the means of transport, guarantee vouchers by the investigators, the parties, the means of transport or their agents sign or seal.
After the guarantee, in connection with the cargo, the goods, the transport means can be photographed or video archive. The 51st article customs legally discharge the guarantee, should lift a security notice is served on the party or the means of transport.
Notice of discharge the guarantee by the investigators and the party, means of transport, or their agents, custodians signed or sealed; party or the means of transport or his agent is not or refuses to sign or seal, the investigators should be indicated in the notice of discharge the guarantee, and by a witness signature or seal.
52nd personal against smuggling suspects detained in accordance with the law, the People's Republic of China physical detention provisions of the customs procedure.
Seventh survey suspension and termination
53rd customs administrative punishment cases, found violations of the parties after filing should be transferred to other administrative bodies or departments of criminal investigation, shall be transferred in time.
Administrative punishment case since the officers transferred to other administrative authorities or of the date of the criminal investigation department to suspend the investigation.
54th article customs administrative punishment cases to suspend the investigation, any of the following circumstances shall resume its investigations:
(A) other administrative organs or the Criminal Investigation Department has dealt with the Customs transfer case still needs to be made of administrative penalties;
(B) other administrative bodies of criminal responsibility or criminal investigation department not to accept or to reject, return Customs processing.
After investigation by the 55th, administrative punishment cases one of the following circumstances, can end an investigation:
(A) the illegal facts are clear, legal formalities, according to the to qualitative punishment is sufficient evidence;
(B) no illegal facts;
(C) as the natural death of the parties;
(D) as a party to a legal person or other organizations terminated, not person or any other organization to sustain its rights and obligations, and no other person can be traced;
(V) other administrative authorities or the Criminal Investigation Department has dealt with the Customs referral of cases, does not require customs and administrative punishment;
(Vi) other circumstances that should end the investigation according to law.
The fourth chapter administrative punishment decision
First case review
End of the 56th article Customs had been investigating administrative punishment cases should be reviewed without review procedure shall not make a dismissal of the case, no administrative penalties, administrative punishment decision.
57th article customs administrative punishment cases reviewed, should review cases of illegal facts are clear, final decision whether the evidence objectively, fully, and legality of investigation and evidence collection procedures, appropriate, and whether there are no administrative penalty or reduce, lighter or heavier punishment of the plot, and applicable laws and views of the case.
The case illegal facts are not clear, insufficient evidence or investigation proceedings illegal, should be returned to the supplementary investigations. Article 58th persons under the age of 14 are in violation of, no administrative penalty, but shall order the guardian to discipline.
Persons younger than 18 years of age is 14 years of age are in violation of, a lighter or mitigated administrative penalty. 59th mental patient is unable to recognize or control his own actions are in violation of, no administrative penalty, but shall order the person under strict surveillance and treatment.
Intermittently mentally ill people in normal mental condition are in violation of, and should be given administrative punishment.
Section II inform, reviews and hearings
Before 60th article Customs made 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.
To suspend operations, withdrawal of customs registration and the more than 10,000 yuan fine, legal persons or other organizations at more than 100,000 yuan fine, confiscation of goods, smuggling of goods, means of transport, such as administrative punishment decision, it shall inform the parties have the right to request hearings.
When in the discharge of duty of disclosure, inform the Customs shall issue administrative penalty served on the parties concerned. Article 61st unless due to force majeure or other legitimate reasons, endorsed by the customs, the party received administrative punishments should be informed in writing within 3 working days of statements, and hearing the application to be heard.
As a waiver statement, overdue defence and the right to request a hearing.
Oral statements, representations of the parties, the Department shall make a written record, and confirmed by the parties sign or seal. Right to give statements, representations and hearings of the parties, the Customs may directly make a decision of administrative penalty.
Parties right to give statements, representations and hearings should be recorded in writing and signed or stamped by the parties or their agent.
62nd article customs on receipt of the written submissions of the parties, after the defence should be reviewed; establishment of the facts and reasons or evidence submitted by the parties, the Customs shall adopt.
63rd article customs penalties shall not be a party to plead, but except for Customs to discover new facts of illegal.
After review, the 64th, changed the original punishment tell us the facts and reasons, evidence, punishment, shall inform the single back issue of customs administrative punishment, 60th to 63rd and based on the provisions of the regulations.
65th party applies for a hearing in accordance with the People's Republic of China for customs administrative punishment hearing rules and regulations.
Section III of decision
66th article customs and Excise should be different results based on the review of administrative punishment cases, shall make the following decisions:
(A) the offence should be given administrative punishment, according to the circumstances and gravity of the harm, make a decision of administrative penalty;
(B) no administrative penalty according to law, no administrative penalty decisions taken;
(C) these provisions 55th article (b) to (d) circumstances, dismiss the case;
(D) compliance with customs regulations on the implementation of administrative punishments 62nd (c), (d) and (e) provide conditions of collection, to be collected;
(E) an unlawful act of a crime, transferred to the criminal investigation department in accordance with the law.
Customs administrative punishment decision, shall be illegal facts are clearly ascertained, other evidence sufficient, accurate violations, applicable law properly, handling procedure, punishment is reasonable.
67th on the intricate plot or grave violations of administrative punishment cases by the Customs Committee should be decided collectively.
68th article customs administrative punishment or no administrative penalty decided in accordance with law, shall make and issue written decision of administrative penalty decision or no administrative penalty.
69th written decision of administrative penalty shall include the following:
(A) the basic situation of the party, including party names, registered with the customs code, customs declaration the customs registration codes, addresses, and so on;
(B) violation of laws, administrative regulations, or the rules of the facts and evidence;
(C) the types and basis for administrative penalty;
(D) the method and duration of administrative penalties;
(E) administrative penalty decision, may apply for administrative reconsideration or bring an administrative suit the ways and terms;
(F) the name of the customs administrative penalty decisions are made and the date of the decision, and with administrative punishment decision the Customs seal.
70th article not written decision of administrative penalty must set out the following:
(A) the basic situation of the party, including party names, registered with the customs code, customs declaration the customs registration codes, addresses, and so on;
(B) violation of laws, administrative regulations, or the rules of the facts and evidence;
(C) no basis for administrative penalty;
(D) refuses to accept no administrative penalty decision may apply for administrative reconsideration or bring an administrative suit the ways and terms;
(E) no administrative penalty decided to name and the date of the decision of the customs, and with no administrative penalty decided the Customs seal.
71st administrative punishment decision letter should be pronounced the spot after party; without the presence of the parties, the customs service of the decision on administrative penalty within the 7th party.
72nd administrative punishment under provisions of section 62nd collected the goods, goods, illegal income, means of transportation, special equipment, it shall produce a collection listing service is the collection of people. Smuggling the illegal facts are clear, but the cases that cannot be identified by the parties, the Department issued prior to the collection of lists, shall make and issue notices of collection notice for a period of 3 months, and result in the notice within the period specified by the Parties relevant customs formalities customs.
After expiration of the notice is still not party to the related customs formalities Customs Customs according to the regulations for the implementation of customs administrative punishment 62nd article paragraph (d), it shall be collected. 73rd collection list shall include the collection of cargo, goods, illegal income, means of transportation, special equipment, such as name, size, quantity, or weight.
The goods, smuggling of goods, means of transport, special equipment, there are obvious and important features or flaws, investigators should indicate this in the collection list.
74th collection listing by case officers, confiscated or their agents sign or seal.
Seized or its agent refuses to sign or seal, or confiscated one cannot be ascertained but witnesses shall be signed or stamped by a witness.
Been seized for signature or seal, investigators should indicate the reason on the collection list.
According to the regulations for the implementation of customs administrative punishment 62nd article paragraph (d) of the lists of requirements issued by the collection service.
The fifth chapter the implementation of the decision on administrative penalty
After the 75th article customs administrative punishment decision, the interested party shall within the period specified in the written decision of administrative penalty, be fulfilled.
Customs the parties lawfully suspended business, the revocation of its registration, the implementation of the decision on administrative penalty procedures, developed separately by the General Administration of customs.
76th parties genuine financial difficulties to customs for extension or in installments to pay the fine, an application shall be submitted in writing.
Customs received from Parties applying for extension, implemented in phases after the application shall be made within 10 business days whether or not to grant extension, staging the decision to pay the fine, and written notification to the applicant.
Delayed or made in installments of customs agreement the Parties shall promptly notify the agency that collects the fine.
77th agree to extension or staging the parties to pay the fine, completes the period stipulated by the penalty decision shall not exceed 180 days from the date the time of performance.
78th party fails to carry out administrative punishment decision, the Customs may take the following measures:
(A) expires party fails to pay the fine, the daily 3% Add a fine in accordance with the amount of the fine;
(B) the party fails to fulfill the Customs punishment decision does not apply for reconsideration or initiate litigation to the people's Court, the Customs may detain goods, goods, means of transport, sell off to pay, or to parties to provide guarantees against payment, or you can apply to a people's Court for compulsory execution.
The 79th article customs in accordance with the provisions of article 78th to add a fine, resist paying before we shall make and issue the notice of execution and served on the party.
80th party punishable by customs or its legal representative, the main person in charge before leaving the outstanding fines illegal income, and in accordance with the recovery of goods, smuggling of goods, means of transport of an amount of money, no equivalent of the payment guarantee provided to customs, the Customs may make block outbound letters of assist, notify the authorities blocked their exit. Block outbound letters of assist should be accompanied by the written decision of administrative penalty and other relevant legal instruments, set out and blocked the exit of the name, gender, date of birth, type of travel documents and number.
Blocked exit persons were foreign nationals, stateless persons shall be indicated in English.
81st party or his legal representative, mainly responsible for the payment of fines illegal income, and in accordance with the recovery of goods, smuggling of goods, means of transport of an amount of money, or provide a sum equivalent to the above guarantee to the customs, the Customs shall be promptly made to unblock exit help you notify the authorities.
82nd client security will withhold or any person being detained for cargo, the goods, means of transport, in accordance with law, sell off still remaining after the payment of a fine shall promptly discharge the guarantee return, suspension or termination. 83rd served to lift the Customs detained within 3 months from the date of the notice, the parties without justifiable reasons not to go to customs-related goods, procedures for the return of goods, means of transport or other property, and customs about the cargo, the goods, means of transport or other property is sold off, and keep the selling price.
Sale proceeds after deducting served on the release date of the notice of detention, the customs warehousing and other related expenses, the remaining, the parties in the customs service lifted a notice of detention should come within 1 year from the date of completion of customs formalities, overdue Customs will spare money turned over to the State Treasury.
84th customs discharge the guarantee delivery within 1 year from the date of the notice, a party without any justified reason, the Customs handled property, title return procedures, the relevant property by the customs, rights of vouchers sold at a discount or cash, and turned over to the State Treasury.
85th to the people's Court for enforcement, the Customs shall complete the application execution, and provide other materials sought by the Court.
86th article apply to a people's Court for compulsory execution shall be in conformity with the Supreme People's Court on implementation of People's Republic of China administrative litigation law problems of interpretation of the provisions and within the following periods:
(A) the party after service of the decision on administrative penalty does not apply for administrative reconsideration or initiate litigation to the people's Court, in service of the penalty decision after 3 months from the date of commencement of 180 days;
(B) the written decision to the parties fail to file an administrative lawsuit after, starting 15th after the date of service of the written reconsideration decision within 180 days;
(C) after the judgment of first instance administrative appeals had been filed by the parties, in 15th after starting from the date of service of the judgment within 180 days;
(D) the party did not appeal after the administrative ruling of first instance, at the 10th after starting from the date of service of the decision within 180 days;
(E) the administration of second instance within 180 days from the date of service of the judgment.
87th party concerned violations of the People's Republic of China Customs law after the Enterprise Division, merger or other reorganization, on party subject to a fine, confiscation of illegal gains or proceed with the recovery of the smuggling cargo, the goods, the transport means an amount of money, should bear the parties rights and obligations of the legal person or organization, as the person subjected to execution.
88th under any of the following circumstances shall be suspended:
(A) there may be illegal or improper decisions of punishment;
(B) apply to a people's Court for compulsory execution, court suspension of execution;
(C) the administrative reconsideration organ, the people's Court deems it necessary to suspend;
(Iv) other law should be suspended.
According to the preceding paragraph (a) of suspension of execution, authorized by subordinate customs chiefs or its authorized subordination customs chief.
Suspension gone, should be reinstated.
89th under any of the following circumstances shall terminate execution:
(A) to implement the legal instruments repealed;
(B) the person natural person as dead;
(C) as a party to the legal person or other organization was terminated in accordance with law, nor the person succeeding to its rights and obligations, and no other property available for execution;
(D) customs administrative punishment decision over 2 years the time of performance, Customs shall take enforcement measures are still not completed, but apply to a people's Court for compulsory execution, except;
(E) apply to the people's Court for compulsory execution of the Court suspended cannot be completed after more than 2 years;
(F) apply to the people's Court for compulsory execution after court terminate execution;
(VII) termination of execution according to law.
Sixth chapter, case handler Customs of the 90th and mail, express mail and goods tubes, bonded in the business field and other customs operations, such as the illegal facts are clear, and minor cases may be applied to simple handling.
But these provisions shall apply to article 26th program otherwise.
91st for simple handling of the cases, customs officers conduct on-site investigations, can be directly informed of administrative punishment, signed by the parties or their agent on the spot.
92nd under any of the circumstances listed below, Customs would be able to make a decision of administrative penalty:
(A) the right to give statements, representations, or hearing;
(B) statements, the party argues that the review on the spot by the customs, the parties or their agents accept review comments.
Parties the right to give statements, representations, hearings on the spot, or statements, and whether we will accept review comments to be heard on the spot, shall have a written record, signed or stamped by the parties.
Administrative punishment on the spot, shall make and issue written decision of administrative penalty, and served on the spot.
In the 93rd for simple handling process, any of the following circumstances, the Customs shall not be made on the spot decision of administrative penalty shall be handled according to normal procedures:
(A) the customs of the statements put forward by the parties, defence could not be carried out on the spot checks;
(B) the customs review, refuses to accept the customs review of comments by the parties remain;
(C) parties to the Customs and Excise Department to request a hearing in accordance with law;
(D) the Customs believe that further investigation is needed.
The seventh chapter by-laws
94th personnel negligence, malpractice, abuse of power, demanding or accepting other people's property, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.
The 95th article customs of foreigners or stateless persons, foreign enterprises or organizations be given administrative punishments, these provisions shall apply.
96th article of the provisions interpreted by the General Administration of customs. 97th these provisions come into force on July 1, 2007.