Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201305/20130500387396.shtml
Handling administrative cases by public security organs regulations (amended 2012)
(December 19, 2012 the Ministry of public security promulgated as of January 1, 2013, 125th) directory
Chapter I General provisions
Chapter II jurisdiction
Chapter III to avoid
The fourth chapter of evidence
During the fifth chapter and served
The sixth chapter summary
Seventh chapter, investigation and evidence collection
Section I General provisions
Section II case
Section III asked
Fourth inspection and examination
Fifth section identification
Sixth section identification
Seventh section evidence conservation
The eighth chapter hearing procedures
Section I General provisions
Section II hearing persons and hearing participants
Section III hearing informed, application and acceptance
Fourth day hearing held
Nineth part a decision of administrative handling
First application of administrative penalty
Section II administrative decisions
The tenth chapter mediation
11th chapter in connection with the property management and disposal
The 12th Chapter Executive
Section I General provisions
Fined in section II of the implementation
Section III implementation of administrative detention
Fourth section dealing with implementation of the decisions of
The 13th chapter of foreign-related administrative cases handled
14th chapter end case
The 15th chapter by-laws
Chapter I General provisions
First in order to regulate the handling administrative cases by public security organs, safeguard the public security organs in handling administrative cases properly to perform his duties, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China Law on administrative punishment, the People's Republic of China administrative coercion law and the People's Republic of China on public security administration punishments Act and other relevant laws, administrative regulations, this provision is enacted.
Administrative cases referred to in the provisions of article, refers to the public security organs in accordance with the laws, regulations and the regulations on the law-decisions of administrative punishment and treatment measures such as compulsory isolation rehabilitation, reeducation cases.
The public security organs in these rules refers to above the county level public security organs and the public security police stations and an independent subject of law enforcement of public security organs according to law business and immigration border checkpoints.
Article III administrative case should be based on facts and take law as the criterion.
Fourth in handling administrative cases shall follow the legitimate, fair, open and timely principle, respect for and protection of human rights, protection of human dignity.
Fifth in handling administrative cases should adhere to the principle of combining education with punishment, and consciously abide by the education of citizens, legal persons and other organizations.
Sixth in handling administrative cases of minors should be based on the physical and mental characteristics of minors and safeguard their legitimate rights and interests. Seventh in handling administrative cases, in areas inhabited by minorities or ethnic groups, asked the local language should be used.
The party is not familiar with the local language, translation should be provided for them.
Eighth police in case of negligence, deception, abuse of power, the solicitation or acceptance of other people's property, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter II jurisdiction Nineth jurisdiction of administrative cases by violations of the public security organs.
By the law-jurisdiction the public security organ in the place of residence is more appropriate, and can be used by the law-jurisdiction the public security organ in the place of residence, but cases involving prostitution, prostitution, gambling, drugs except.
Transfer the law-jurisdiction the public security organ in the place of residence of the administrative cases, violations to the public security organs in evidence should be collected immediately before the transfer, and cooperate with the law-domicile public security organs conducted investigation and evidence gathering. Tenth public security organs have jurisdiction over administrative cases accepted by the initial jurisdiction of the public security organs.
If necessary, by the main violation jurisdiction the public security organ in the place.
11th dispute arises over jurisdiction and submit them to the superior public security organ of the common designation of jurisdiction.
Grave and complex cases, superior public security organ may apply directly or to exercise jurisdiction.
Superior public security organ may apply directly or specify the jurisdiction, it shall notify the designated jurisdiction, the public security organs and other relevant public security organs.
Public security organs of the original case from the date of written notification received superior public security organ no longer exercises jurisdiction and immediately refer the dossier was designated under the public security organs or handle public security organs at higher levels, promptly notify the parties in writing.
12th railway police jurisdiction on the train, railway station area, organs, plants, railway systems, and administrative cases, teams and other units, as well as placing obstructions on the railway line or damaged, mobile railway applications might affect railway transportation safety, administrative cases of theft of rail facilities.
Jurisdiction of traffic police management of port management bodies on the ship, port and dock work in the region and port navigation system organs, plants or administrative cases, teams and other units.
Civil Aviation public security organ under the civil aviation authority managed airports regional civil aviation systems and organs, plants or, team and other units and on board civil aircraft of administrative cases.
Forest public security organs of the State-owned forest area forest areas under the jurisdiction of administrative cases.
Customs authority obstructing the Customs anti-smuggling public security cases of the police from performing their duties.
13th public security organs and military mutual jurisdiction of administrative cases involved Division by Ministry of public security and the people's Liberation Army General political Department separately.
Chapter III to avoid
14th handling heads of public security organs, the people's police have one of the following circumstances shall himself proposed recusal, parties to the case and their legal representatives have the right to request him to withdraw:
(A) is a party or a close relative 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.
Handling 15th heads of public security organs, the people's police of applying for withdrawal shall state the reasons.
16th case of police avoided, decided by the public security organ to which it belongs; withdrawal of the head of the public security organs, determined by the public security organs at a higher level. 17th the parties and their legal representatives asked the Public Security Bureau, handling avoid police should apply, and explain the reasons.
Oral request, the public security organ shall be recorded.
Article 18th withdrawal application against the parties and their legal representatives, the public security organ shall, from the date of receipt of the application within the 2nd decision and notify the applicant.
19th head of the public security organs, case has police should unavoidable circumstances, I did not apply for the withdrawal, the parties and their legal representatives nor for their withdrawal has the right to avoid the public security organs may order the withdrawal.
20th in the course of administrative investigations, expert witnesses and interpreters need to be avoided, the provisions of this chapter shall apply.
Challenge expert witnesses, interpreters, determined by the assigned or invited to a public security organ.
Article 21st before making a decision in the public security organs, handling the people's police shall not stop the investigation of administrative cases.
After making the decision, head of the public security organs, handling administrative cases shall not participate in the police investigation and the examination and approval work.
22nd decided to shy away from the Public Security Bureau, cases, expert witnesses and interpreters police, carried out in decision making activities in connection with the case is valid, by decision of the public security organs according to the circumstances of the case to decide.
The fourth chapter of evidence Article 23rd material which can be used to prove the facts of the case, is evidence.
Public security organs in handling administrative cases of evidence including:
(A) physical evidence;
(B) documentary evidence;
(C) a victim statement and other witness testimony;
(D) illegal and suspect statements and representations
(V) expert opinion;
(Vi) inspection and examination, identification of transcripts, field notes;
(VII) audio-visual materials, electronic data.
Evidence must be verified, as the basis for a final decision.
24th public security organs must be in accordance with legal procedures, and collection to be able to confirm whether suspected illegal is illegal, the seriousness of the illegal evidence. Is strictly forbidden to extort confessions by torture and threats, cheating and other illegal methods to collect evidence. Using illegal methods such as torture of suspected illegal statements and pleadings and the use of violence, intimidation and other illegal methods to collect a victim statement, other witnesses, and not as the basis for a final decision.
Collecting material evidence and documentary evidence does not meet the statutory procedures, could seriously affect the impartial law enforcement and should be corrected or give a reasonable explanation; cannot be corrected or give a reasonable explanation, not as the basis for a final decision.
25th police collect or obtain evidence from relevant units and individuals shall inform it must provide evidence, and informed of his forgery, concealment, destruction of evidence, give false testimony shall bear legal liability. Units and individuals need to obtain evidence, approved by the head of public security organs in handling cases, obtain evidence issued notices. Usable people should a seal or signature on the notice, was rejected by taking people, the public security organ shall be indicated.
If necessary, the public security organs shall be in audio, video, such as fixed-content of the evidence and the evidence collection process. 26th gathering usable evidence should be original.
Inconvenient handling in the original, not easy to save, or that shall be kept by the departments concerned, handling should be returned or when can reflect the original shape or content or photo shoot and video.
Exhibit photos, videos, and verified or certified original proved to be true, it can be used as evidence. 27th collect or obtain evidence must be original.
When there is difficulty in obtaining original, you can use the copy or copies. Copy of a copy of the documentary evidence, and verified or certified with the original proved to be real, and can be used as evidence.
Card to change or change the signs could not give a reasonable explanation, or a copy of a copy of the documentary evidence, does not reflect the original documentary evidence and its contents cannot be used as evidence.
28th copy of a copy of the documentary evidence, and audio-visual material, electronic copies of data, exhibits photographs, videos, shall be attached to the relevant production process and components, the original text description of the repository, and the units held by the producer and the holder of the goods or a person's signature.
29th to handling administrative cases of criminal cases, criminal cases handled in the process of collecting evidence, can be used as evidence in administrative cases.
Article 30th where a person who knows the circumstances of the case, have the duty to testify.
Physiologically, mentally defective, or young, people who cannot tell right from wrong, not the right to express, not as a witness.
31st public security organs and people's police in handling administrative cases, involving State secrets, business secrets or personal privacy, should be kept confidential.
During the fifth chapter and served During the 32nd calculated by the hour, day, month, year, during or at the time of day are not counted. During the service of legal instruments do not include travelling time.
During the last day of a holiday, to the expiry date on the first day after the holiday, but violations were during the restriction of personal freedom, should be up to the expiry date shall not be extended because of the holidays.
Article 33rd legal instruments shall comply with the following requirements:
(A) make a decision on the spot under the summary procedure, decision should be delivered on the spot the person penalized and up to the person penalized for the record books signed or NA fingerprints; be punished refuses, police indicated on the record of decision for handling;
(Ii) except this paragraph first items provides outside, made administrative punishment decided and other administrative processing decided, should in declared Hou will decided book spot delivered was processing people, and by was processing people in attached volume of decided book SHANG signature or NA fingerprints, that for served; was processing people refused to of, by case police in attached volume of decided book SHANG indicate; was processing people not presence of, police organ should in made decided of 7th within will decided book served was processing people, security management punishment decided should in 2nd within served. Service of legal documents will be the first direct service, to the addressee himself; absence of the addressee, can deliver its adult members of their families, the personnel in charge of the units or their places of residence (village) committees collected.
By served people I or generation received people refused to received or refused to signature and NA fingerprints of, served people can invited its neighbors or other witnesses scene, description situation, also can on rejected situation for recording video, put instruments left in by served people at, in attached volume of legal instruments Shang indicate refused to of causes, and served date, by served people, and witnesses signature or NA fingerprints, that considered served.
Unable to direct service, entrust other police service, or may be served by post. Such service could not be delivered, service by public announcement.
The scope and manner of the announcement should be accessible to the citizens know, notice period shall be not less than 60 days.
The sixth chapter summary
Article 34th illegal facts are solid, and has one of the following circumstances, police made the decision on the spot, there is contraband can be collected on the spot:
(A) to acts violating the administration or traffic violator to a fine less than 200 Yuan or given a warning;
(B) the exit-entry frontier inspection authorities for breach of the immigration management department below 500 Yuan fine or warning;
(C) for other illegal acts by individuals less than 50 Yuan fine or warning, the unit shall be fined a maximum of 1000 Yuan or given a warning;
(D) other circumstances as legal provisions can be punished on the spot.
Cases involving prostitution, prostitution, gambling, drugs, do not apply punishments on the spot.
35th spot penalties should be implemented in accordance with the following procedure:
(A) indicate to the law-enforcement capacity;
(B) collection of evidence;
(C) orally inform the law-intends to make a decision of administrative penalty, facts, reasons and basis, and inform the violator shall have the right to be heard and right to be heard; (D) the offence can be fully heard and defend the person.
People facts, reasons, or evidence of an offence is established, should be adopted;
(E) complete the penalty decision on the spot and spot the person penalized;
(F) to collect fines on the spot, and fill out the ticket, deliver the person penalized; does not collect fines on the spot, it shall inform the person penalized to the designated bank to pay the fine within the time stipulated.
Article 36th used summary punishment, can a person make a decision of administrative penalty by police. Police administrative punishment on the spot, shall, within 24 hours after making a decision on the spot penalties decided the newspaper belongs to the public security authorities for the record, the traffic police should be reported to 2nd after a decision belongs to the public security organs traffic management departments.
On passenger trains, aircraft, water, make a decision of administrative penalty shall be returned within 24 hours after report belongs to the public security organ for the record.
Seventh chapter, investigation and evidence collection
Section I General provisions
When the 37th to investigate administrative cases, must be legal, timely, objective and comprehensive collection or obtain evidence, and be subject to review and verification.
Article 38th needed to investigate the facts of the case, including:
(A) the basic situation of suspected illegal;
(B) the offence is present;
(C) illegal and unlawful suspect;
(D) implementation of the time, place, method, the consequences of the violation and other circumstances;
(E) the offence suspects had no legal weight, lighter or mitigated, and no administrative penalty;
(Vi) and other facts relating to the case.
39th public security authorities to obtain evidence, leaked secrets should be prevented.
40th at the time of investigation, the people's police shall be at least two people, and law enforcement capacity. 41st uncovered or suspected illegal case should conduct safety inspections, find contraband or controlled equipment, weapons, inflammable, explosive and other dangerous goods as well as items needed as evidence in connection with the case, should be immediately detained illegal has nothing to do with the case of the suspects carry items, shall be registered in accordance with the relevant provisions of, custody, return.
Is not required to check permits.
Attachment of application of the provisions of the preceding paragraph of this article 43rd and 44th and seventh with the provisions of section in this chapter.
42nd in handling administrative cases, compulsory administrative measures may, in accordance with the following:
(A) to goods, facilities and sites for the seizure, detention, provisional seizure, seizure, advanced registration and preservation, sampling of evidence and other coercive measures;
(B) the restrictive measures against suspected illegal, continued questioning, forcing summoned, force detection, detention and coercive measures such as limited scope of activities.
Article 43rd administrative coercive measures shall comply with the following requirements:
(A) required by law to report to the head of the public security organs before implementation and approved; (B) notify the party scene, inform the parties on the spot to take compulsory administrative measures of reason, basis as well as the Parties shall enjoy the rights, remedies.
Parties do not present, inviting witnesses to come along, and indicate in the notes;
(C) listen to the statements of the parties and representation; (D) production site record signed or sealed by the parties and police handling, refused by the parties, indicated in the record.
Without the presence of the parties, signed by the witness and police record of handling or sealed; (E) the compulsory administrative measures restricting personal freedom of a citizen, shall immediately inform the families of compulsory measures of public security organs, justification, place and term; could not be informed on the spot, shall, immediately after the implementation of coercive measures by phone, text message, fax, telex, telegram; unknown, refuses to provide family contact or notification due to force majeure such as natural disasters, without notice.
Inform, notify the family or unable to inform the family members concerned should indicate in the interrogation.
(F) the laws, regulations and other procedures.
Inspection of administrative coercive measures, making checking records, no longer making records. 44th emergency implementation of compulsory administrative measures on the spot, handling the people's police shall, within 24 hours of law reports to the head of the public security organ to which it belongs, and go through the approval procedure. On compulsory administrative measures restricting personal freedom of a citizen, handling the people's police shall report immediately upon return unit, and go through the approval procedure.
Head of the public security organs that should not take administrative enforcement measures should be lifted immediately. Article 45th for maintaining social order and police personnel suspected of law, by showing that the enforcement status, can be interrogated on the spot, check. After the questioning, checking on the spot, could not exclude illegal suspects according to law can be applied to continuous interrogation, you can take them to a public security organ, approved by the head of the police station, for further interrogation.
For violations of the exit and entry management suspects for further interrogation according to law, public security organs at or above the county level shall be subject to approval of the head of the exit-entry frontier inspection organs.
Further interrogation time is 12 hours in less than 12 hours are hard to confirm or exclude its illegal and criminal suspects, may be extended to 24 hours; to not tell his real name, address, identity, and within 24 hours still cannot confirm or exclude their illegal and criminal suspects, may be extended to 48 hours. Article 46th offence suspects in his drunken state, danger to himself or to others persons, property or public safety threat, you can take protective measures to sober up, or you can notify their families, relatives and friends or their subordinate units to bring it back into custody, if necessary, should be sent to the hospital up.
Lost control of the behavior of drunken people, you can use the restraint strap or rope and other constraints of police, but not the use of handcuffs, shackles and other police tools. Constraints in the process shall designate a strict childcare. Confirm that after drunk man sober up, shall be immediately binding and asked.
Time does not count asking to verify hours.
Section II case
47th public security organs on reports, complaints, reporting, the people listed or violation suspects surrendered, and other administrative departments, judicial organs to which a case should be accepted in a timely manner, making registration forms, and make the following address:
(A) the matters falling within the jurisdiction of the unit shall promptly investigate and deal with;
(B) the scope belonging to the public security organs functions, but does not belong to the jurisdiction of, shall, within 24 hours after accepting transfer units having jurisdiction, and told the informant, complainants or informants, the listed people, surrendered to people;
(C) on matters within the area of responsibility does not belong to the public security organs, written told the informant, complainants or informants, listed people, gave himself up to the other relevant competent authorities reported or surrendered.
Public security organs to accept cases, case receipt shall be made two copies of the single, an informant, complainants or informants, the listed people, a volume.
Public security organs and people's police found in the day-to-day enforcement of violations, apply the provisions of the first paragraph.
Article 48th police responsibilities but do not belong to the jurisdiction of the case, with one of the following circumstances, accept a case or find cases by public security organs and people's police shall take the necessary measures or other measures, and units to deal with the transfer of jurisdiction:
(A) being implemented against the suspected illegal acts;
(B) the ongoing violations committed flagrante delicto or immediately after committing an offence is found to be listed to the public security organs;
(C) the offence the suspect has been captured or is found at large;
(D) injuries, requiring immediate treatment;
(E) other circumstances that urgent measures should be taken.
Transferred to jurisdiction of administrative cases, asking to check the time and duration of measures such as the attachment of recalculation.
49th report people reluctant to disclose their names and acts, the public security organ shall be registered in the case stated and its secrecy. 50th article to informants, complainants or informants, listed people, surrendered to provide material, the goods shall be the registration of the relevant evidence, admissibility of evidence issued by listing, and safekeeping. If necessary, photographs, audio and video.
Transfer case, relating to materials and articles of evidence should be handed over together. 51st to find or accept the case could not be immediately identified as criminal or administrative case, in accordance with the procedure in administrative cases.
In the course of handling, assumed the suspicion of a crime, shall, in accordance with the procedures of public security organs in handling criminal cases handled.
Section III asked
52nd asking suspected illegal, you can go to suspected illegal dwellings or units, law suspects can also be summoned to their home cities and counties within the designated area. 53rd article needs to call illegal suspects under investigation, police stations, public security organs above the county level case Department or head of the exit-entry frontier inspection offices approved, use the call card call.
Found on the scene of the offence suspected, police produced working documents, oral call and indicate suspected illegal arrival in the interrogation after, arrival time and departure time.
Units violating the administration of public security regulations, you need to call it directly responsible person in charge and other direct liable persons, provisions of the preceding paragraph shall apply. Without good reason not to accept the summons or to evade violating the Administration cited, fire safety management, the exit and entry management of suspects and other violations of the legal provisions may be forced to call a suspect, police stations, public security organs above the county level case Department or head of the exit-entry frontier inspection offices approved, you can force the summons.
Force when called, using handcuffs, rope and other binding apparatus of police according to law. Reasons and basis for informed public security organ shall summon the summoned, and notify their families.
Notification by the public security organs summoned family members applying the provisions of paragraph one of this article 43rd fifth. 54th summoned card to call, and suspects were summoned after the end of the case and asked to verify, should be called to fill in arrival and departure times and the signature on the card.
Refuse to complete or sign, handling the people's police shall call indicated on the card.
55th called suspected illegal, should be asked to verify in a timely manner, asking to check no more than eight hours; in complex cases, violations may apply administrative detention punishment according to law, asking to check no more than 24 hours.
Does not continuously call disguised in the form of illegal detention of suspects. 56th article listed for surrender or the masses of illegal suspect, asked the public security organ shall immediately verify and in the interrogation of suspected illegal case written after, arrival and departure time.
Asked to verify time to apply the provisions of paragraph one of this article 55th.
For surrender or mass listed suspected illegal, the public security organ shall apply the provisions of paragraph one of this article 43rd fifth notification of their families.
57th asking suspected illegal, should be carried out in places of public security organs in handling cases.
Asked to verify during the diet and where the alleged offence should be guaranteed the necessary rest time, and indicate in the interrogation.
Asked to check clearance during law suspects can be sent to the waiting room asked, Hou asked, and in accordance with the management regulations.
58th article asking illegal suspect, a victim or other witness, should be individually. 59th when first asking suspected illegal, should consult the law a suspect's name, date of birth, place of residence, address, identification type and number, are representative of the people's congresses at all levels, are subjected to criminal punishment or administrative detention, rehabilitation, reeducation, compulsory isolation rehabilitation, community rehabilitation, reeducation and so on.
If necessary, should also be asked of his family members, place of work, education, nationality, physical condition, and so on. Suspected illegal aliens, questions should also be asked for the first time showing their nationality, immigration document type and number, type of visa, immigration, immigration and so on.
When necessary, people should also ask their relations with China, and so on.
60th when asked, shall inform the person being interrogated must provide truthful evidence, testimony and deliberately giving false testimony or concealed evidence should take legal responsibility, the problem has nothing to do with this case have a right to refuse to answer. 61st asking minors shall notify the presence of their parents or other guardians, their parents or other guardians cannot be present, may also notify the minor's other adult relatives, schools, organizations, residence of grass-roots organizations or representatives of the minors ' protection organizations present and the situation on the record.
Did not notice or notification is not present, should be indicated in the interrogation.
62nd asks the deaf should be helping people who are fluent in sign language, and indicate the deaf person questioned in the interrogation and the translator's name, address, place of work and contact details.
Not interrogated for proficiency in the local language of the text, should be equipped with interpreters, and annotated translation in the interrogation the person's name, address, place of work and contact details. 63rd interrogation should be asking people to check, no reading ability, should be read to them. Records are incorrect or missing, is asking people to correct or supplement should be allowed, and request corrections before entering fingerprints. Be asked confirmation record is correct, should sign or page by page on the interrogation press down the fingerprints.
Refused to sign, and NA fingerprints, handling the people's police shall indicate in the interrogation.
Handling the people's police shall sign the interrogation, the translator should be signed at the end of the interrogation.
When asked, full audio, video, and maintaining the integrity of the audio and video information. 64th offence suspects, have been infringed or other witnesses provided requested written materials shall be permitted. If necessary, the police can request an offence of handling cases suspect, a victim or other witnesses on their own writing. Offence suspects, was victim or other witness shall provide written material at the end of the sign or NA fingerprints. Written material for printing, and suspects, was against person or other witnesses shall sign or page by page na fingerprints.
Case after police receive written materials should be in the Home indicate the date of receipt, and signature. When the 65th asking suspected illegal, illegal and suspect statements should be heard and to defend themselves.
The law suspect statements and representations should be verified. 66th asks a victim and other witnesses or other persons involved in the case, can be carried out on site or to their units, schools, residences, their places of residence (village) of the Committee or its location.
If necessary, it may by notice in writing, by telephone or on the spot to the public security organ to provide testimony.
In the spot, handling the people's police shall produce certificates.
Before asking, should know the identity of the interrogated as well as with the victim and other witnesses, illegal relationships between suspects.
Fourth inspection and examination
67th scene for the violations committed, shall conduct an inquest if necessary, extract the evidence related to the case, determine the nature of the case, determine the direction and scope.
Scene investigation reference to the relevant provisions of the crime scene investigation. 68th for violations related to the places, objects, people can check. Checking, policemen shall be at least two people, and they shall show their work documents and certificates issued by the public security organs above the county level.
To check is necessary immediately, the police present a working document, you can check on the spot but check the residence of citizens, there must be evidence or public alarm citizens residence is a danger to public safety or the physical safety of citizens (the thing), or illegal storage of hazardous substances, do not immediately check the potential public safety or cause significant harm to personal and property security of citizens.
Organs, organizations, enterprises, public institution or public place for routine law-enforcement supervision and inspection, in accordance with relevant laws, regulations and rules implementation prescribed in the preceding paragraph shall not apply.
Article 69th illegal conduct inspection, shall respect the dignity of the person being checked, checks shall not be prejudicial to the dignity of the way.
Check the women's bodies shall be conducted by female staff.
Law on prostitution, prostitutes for venereal disease examination should be carried out by a doctor.
70th when checking sites or objects, should be taken to avoid unnecessary damage to goods.
When checking the place should have been checked or witnesses. 71st record check shall be made to check the circumstances.
Inspection records are checked by inspectors, or witness signatures, who wasn't there by check or refuse to sign, handling the people's police shall indicate in the examination.
Fifth section identification
72nd in order to identify cases, specialized technical problems need to be identified, shall assign or recruit personnel with expertise.
Identify the need to hire this person other than public security authorities, shall be subject to approval of the head of public security organs in handling cases, making identification of employed books.
73rd public security organs should provide necessary conditions for identification, timely and relevant samples of raw materials such as sample, introduction and identification-related conditions and expressly requested identification problem.
Handling police custody and inspection of work shall take samples, and indicate the persons responsible for sample submission links, identity in circulation and ensure that samples are not contaminated.
Prohibition of forced or implied the surveyors of some expert opinion.
74th identification by a forensic physician on personal injury.
Institutions licensed by the Administrative Department of health with doctors who are qualified proof of the diagnosis, as a basis for public security organs found physical damage, but with the 75th in the present provisions except as provided in clause.
Identification of mental illness, by mentally ill qualified accreditation bodies.
75th personal injury cases has any of the following circumstances, the public security organs shall conduct expert testimony:
(A) the less seriously injured, could pose more than minor damage;
(B) a victim requests for expert testimony;
(C) unlawful damage suspect or a victim of a dispute.
76th on the need for expert testimony in cases a victim refused to provide a medical certificate or refuse to carry out expert testimony, the public security organ shall record the relevant situation and can make a decision based on findings of fact.
After notification by the public security organ, a victim without justification is not conducted within the time established in the public security organs of expert testimony is deemed refused to certify.
77th articles value is unknown or difficult to determine, the public security organ shall entrust a price valuation forensic agencies.
According to the parties to provide purchase invoices and other bills can identify the value of the goods involved, or obvious enough for criminal case establishment criteria of value in connection with the goods, the public security organ may not conduct price verification. 78th personnel suspected of drug use, drug testing should be carried out, inspectors should support on detection of rejects, after approval of the head of the local Office of the public security organs at or above the county level can be mandatory testing.
Collect the female human test samples shall be conducted by female staff.
Suspected of taking State control of psychotropic drugs, narcotic drugs the person who drives a motor vehicle, you can body national control of psychotropic drugs, narcotic content.
79th for people with suspected drink driving motor vehicles, should be of breath alcohol testing, have one of the following circumstances, should be extracted a blood sample immediately to test blood-alcohol content:
(A) the party disagrees with the breath alcohol test results;
(B) when the parties have refused to cooperate with breath alcohol testing;
(C) suspected of drunk driving;
(D) the alleged drink driving under the influence of motor vehicle traffic accidents. The breath alcohol test results without objection by the parties should be signed.
After objections, not to accept it. 80th after an expert witness identification, shall provide expert opinion. Expert opinions shall include the identification of the trustee and the delegate matter, submit identification materials, identification of content, basis and concluding observations, and signed or sealed by the appraiser. Through the analysis of expert opinion, should have a description of the analysis process.
Expert opinion should be accompanied by an accreditation body and identification qualification certificate or other supporting documents. Expert responsible for expert opinion, are not subject to any State organs, organizations, enterprises, institutions and individual interventions.
Participants identified different comments on the expert opinion shall be indicated.
Defendant intentionally false identification, shall bear legal responsibility.
81st police handling expert opinion should be reviewed.
As the evidence on the use of expert opinion, the public security organ shall, on the date of receiving the expert opinion will serve a copy of the expert opinion against 5th suspect and victim.
Medical certificate issued by medical organizations as a basis for public security organs found physical damage, proving the conclusion should be written to inform suspected illegal and violation of people. Illegal suspect or a victim of objection to expert opinion, from the date of receipt of the copy of the expert opinion on application for recertification within 3rd, after approval by public security organs above the county level, for recertification.
The same administrative cases only be identified once again of the same matter.
Whether or not a party applying for recertification, without affecting the normal case.
Public security organ deems it necessary, you can also directly determines the recertification.
82nd article has any of the following circumstances shall conduct revalidation:
(A) identification of technical requirements of procedure illegal, or in violation of the relevant professions, which may affect the correctness of the expert opinion;
(B) identification, experts do not have the identification of qualifications and conditions in institutions;
(C) the apparent basis of the expert opinion;
(D) the defendant intentionally false identification;
(V) expert witness shall withdraw not evaded;
(Vi) material false or corrupted;
(VII) other recertification.
Does not meet the provisions of the preceding paragraph, approved by the head of the public security organs above the county level, made the decision not to grant recertification and decisions 3rd up to notify the applicant of the date.
83rd recertification, the public security organ shall be assigned or invited experts.
Article 84th costs borne by the public security organs, except the critical by the parties.
Sixth section identification
85th in order to identify the case, handling the people's police law suspect, a victim or other witness to violations relating to the goods, places or violation suspects for purposes of identification.
Auspices of the 86th identified by at least two cases of police.
Before the organization identified, should be asked to identify people in detail to identify specific characteristics of objects, see identifying objects and avoid identifying people.
87th identify persons on the same identifying objects or an identified person to identify the more recognizable objects, should be individually.
88th identify, identify objects should be mingled with characteristics similar to other objects, shall not identify any hint.
Identify offence suspects, persons identified no fewer than seven people; for suspected illegal photo identification shall not be less than ten photos.
Identify each item, mixed goods of the same kind shall not be less than five.
Same identify persons identified in connection with the same case groups to identify the objects, photos may not reuse the foil or foil people.
89th identified people are unwilling to reveal the identity of the law suspects identified in the case of exposure to identify people, public security organs and people's police shall keep the secret. 90th identified and results should be made to identify records, by handling police and recognize your signature, or NA fingerprints.
If necessary, the recognition process should be audio and video.
Seventh section evidence conservation
91st on the following articles, approved by the head of the public security organs, can be seized or detained by law:
(A) public security cases, violation of the exit and entry management-related needs as items of evidence;
(B) road traffic safety laws, rules and regulations applicable to detain the vehicle, motor vehicle driver's license;
(C) other laws and regulations for seized or detained article.
The following things may not be seized or detained:
(A) has nothing to do with the case articles;
(B) the necessities of individual citizens and their dependant family;
(C) a victim or a bona fide third party lawful possession of the property. On second and third in the second paragraph of this article, shall be registered, State registration of property name, specification, quantity, characteristics, and signed by the person in possession or NA fingerprints. If necessary, you can photograph.
However, with the case must be identified, can be detained according to law, shall be terminated immediately at the end. When the 92nd for the following administrative cases, devoted to engaging in unlicensed activity sites, installations, objects, approved by the head of the public security organs, can be sealed.
But with an unrelated places, facilities, private citizens and family necessities shall not be seized:
(A) unauthorized business license needed by public security organs in accordance with national industry;
(B) in accordance with the regulations on the management of entertainment may take against measures by the public security organs;
(C) the laws and regulations applicable other police seized administrative cases.
Related units or individuals with notice does not eliminate fire safety hazards in a timely manner might be a serious threat to public safety, public security fire control institutions shall take provisional seizure measures on dangerous sites or premises.
Sites, facilities, goods were sealed by other State agencies, shall not be sealed.
93rd when collecting evidence, approved by the head of public security organs in handling cases, you can take a sampling of evidence approach.
Sample evidence should take the form of random, the number of samples limited to can identify the quality features of this product.
Sampling to obtain evidence, sampling should be evidence-taking scene, sample and extracted samples of photos or videos of the sampling process. To test the samples should be taken in time. Upon examination, can be used as evidence, it shall be seized and antecedent register or registration; not part of the evidence, samples shall be promptly returned.
Sample derogation and should be compensated.
94th in the case of evidence may be destroyed or lost or difficult to obtain later, approved by the head of public security organs in handling cases, and antecedent register.
During the registration and preservation of evidence evidence holder and other persons shall not be destroyed or transferred. The Advanced registration and preservation of evidence, shall make a decision within the 7th.
Fails to make a decision, deemed to be lifted automatically. 95th article of arrest, detention, seizure, sampling evidence, advanced registration and preservation of evidence preservation measures should be carefully checked with the parties, and decided to book the spot evidence preservation. If necessary, measures should be taken to preserve evidence evidence photographed or videotaped the process of preservation of evidence.
Evidence preservation decision shall set forth the following:
(A) the name or names and addresses of the parties;
(B) sampling evidence, advanced registration and preservation, seizure, detention, reason for seizure, basis and time limit;
(C) apply for administrative reconsideration or bring an administrative suit the ways and terms;
(D) the seal and the name of the public security organs, the decision date. Evidence preservation decisions shall be attached to the book list, and set out measures to be taken to preserve evidence of the premises, facilities, item name, size, quantity, characteristics, by the case after police and the signatures of the parties, a party, a volume. Witnesses should also be signed by a witness.
A party or witness refuses to sign, handling the people's police shall be indicated in the list of evidence preservation.
Can be used as evidence of audio and video tapes, electronic data storage media, in detention, should be examined case, contents, and admitted to and copy written, such as time, place, and safe keeping. 96th term 30th arrest, detention, seizure, complex, and approved by the head of the public security organs above the county level, you can extend the 30th; except as otherwise provided in laws and administrative regulations.
Extension of arrest, detention, seizure, it shall promptly inform the parties in writing and state the reasons.
To identify needs, during the appraisal period not included in the arrest, detention, seizure, you should leave the identification shall inform the parties in writing of the period.
97th under any of the following circumstances, the public security organ shall promptly release evidence preservation decisions:
(A) absence of violations;
(B) evidence preservation sites, installations, objects independent of the offence;
(C) the decision has been made, eliminating the need to take measures to preserve evidence;
(D) the adoption of measures for the conservation of evidence the term has expired;
(E) the provisional seizure of dangerous positions and places of fire hazards have been eliminated;
(Vi) other no longer evidence preservation measures need to be taken.
Lift the measures to preserve evidence and property shall be returned immediately, and confirmed by the signatures of the parties. 98th Executive case change when the property in connection with the case and its fruits should be the case, and shall inform the parties in writing.
Upon the transfer, carefully checked by the recipient, the transfer of people, and co-signed on the transfer document.
The eighth chapter hearing procedures
Section I General provisions
99th in the following administrative punishment before a decision is made, shall inform the law a suspect has the right to require hearings:
(A) in order to suspend;
(B) the revocation of permit or license;
(C) the large amount of fine;
(D) the laws, regulations and rules stipulates a suspect may request the hearing of other cases. Mentioned in the preceding paragraph "larger fines" refers to more than 2000 Yuan fines against individuals, the unit shall be punishable by more than 10,000 yuan fine for violation of the border exit and entry control laws, rules and regulations imposed on the individual more than 6,000 yuan fine.
Pursuant to local laws or Government regulations to make fine, hearing of the amount of the fine in accordance with applicable local regulations.
100th Legislative Affairs Department by public security organs of hearing organization.
An independent subject of law enforcement of public security organs according to law business and immigration border checkpoints to make administrative punishment decision, by its investigators in the case hearing.
101th public security organs shall not be aggravating because of suspected illegal hearing request.
102th hearing officers should be the facts of the case, evidence, procedure and applicable law aspects of hearing the parties ' statements and representations.
Section II hearing persons and hearing participants 103th hearing hearing a name, be responsible for hearing; reporters who is responsible for making hearing transcripts.
If necessary, may have one or two hearing officers to assist hearing hearings.
Investigators shall not hold the hearing in the present case, a hearing or a recorder.
104th hearing decision or carry out the following:
(A) the time and place of the hearing;
(B) the hearing is open to the public;
(C) require participants in the hearing beyond hearing, to provide or supplement evidence;
(D) extension, suspension, or termination of a hearing;
(E) to preside over the hearing, the facts of the case, reasons, evidence, cross-examination and debate procedures, applicable law and other organizations;
(Vi) maintenance of hearing order, halt to the acts in violation of the hearing disciplines;
(VII) avoidance hearing clerk, records clerk;
(H) other relevant matters.
105th participants in the hearing included:
(A) the parties and their representatives;
(B) handling the people's police in the present case;
(C) a witness, expert witness, translator;
(D) other persons.
106th in hearings, the Parties shall enjoy the following rights:
(A) the application for withdrawal;
(B) appoint one or two agents to participate in the hearing;
(C) statements, representations and evidence;
(Iv) checking, correction hearing;
(E) shall enjoy the other rights. 107th and hearing have a direct stake in the outcome of the case for other citizens, legal persons or other organizations, as a third party application to the hearing, shall be allowed.
To establish the facts and, if necessary, the hearing officer may also notify their participation in the hearing.
Section III hearing informed, application and acceptance
108th for hearing procedures in administrative cases, when handling departments of punishment, it shall notify the intended offence suspects administrative punishment and have the right to request hearings.
109th offence suspects to request a hearing, shall apply within the 3rd after police informed.
110th suspected illegal waiver of hearing or withdrawn the hearing request, decision making, and hearing requests, as long as in the term hearing applications, should be allowed. 111th received public security organ after hearing the application shall decide whether or not to accept in the 2nd. Think hearing hearing conditions are not met at the request of the applicant, decides not to accept the notice of hearing shall be made inadmissible, told the hearing the applicant.
Fails to notify the hearing the applicant, regarded as accepted.
112th public security organ after accepting the hearing, shall hold a hearing will be held before the 7th hearing a notice of hearing to the applicant, and the time and place of the hearing will be held to inform other participants in the hearing.
Fourth day hearing held
113th hearing shall be from the date of receiving the application for hearing in public security organs in the 10th.
Besides involving State secrets, business secrets and personal privacy in administrative cases, the hearing shall be held in public.
114th hearing fails to attend the hearing of the applicant can apply for the extension, whether to approve by the hearing officer decisions.
115th respectively on the same article two or more illegal suspects request hearing administrative cases can be combined.
116th in the same administrative cases have more than two suspected illegal, some of which are suspected illegal application for hearing, shall make a decision together after hearing.
117th section at the beginning of the hearing, the hearing officer check participants in the hearing; announce; announced hearings clerk, records clerk and translator list informed the parties at the hearing shall have rights and obligations; asked whether the party applying for the withdrawal; no public hearings of the administrative case, announced the reason for not hearing.
118th after the hearing began, first put forward by handling a police hearing applicants against the facts, evidence and legal basis and administrative penalties. 119th when handling a police evidence shall be produced to the hearing.
Witness testimony, expert opinion as evidence, transcripts, and other instruments should be read out on the spot.
120th hearing the applicant can be made in respect of handling people's police law of the facts, evidence and legal basis and administrative penalties for statements, defence and cross-examined and we can introduce new evidence.
Third party can be a statement of fact, put forward new evidence. 121th during the hearing, parties and their representatives have the right to apply for new witnesses present testimony, collect new evidence.
Of those applications, the hearing officer shall make a decision on whether to agree on the spot application for recertification, seventh chapter in accordance with the relevant provisions of the fifth section.
122th hearing the applicant and the third party, and cases of police around the facts of the case, evidence, procedures and applicable laws and penalties to debate issues such as the types and range.
123th debate after the hearing officer shall hear hearing the applicant and the third party, handling a final statement police.
124th in the course of the hearing, in the event of any of the following circumstances, the hearing officer may suspend the hearing:
(A) necessary to summon new witnesses present, collect new evidence or new expert evaluation or inspection;
(B) resulting from avoided a hearing cannot continue;
(C) other suspension hearing.
Suspended the hearing after the Elimination of, the hearing officer shall promptly restore hearing.
125th in the course of the hearing, in the event of any of the following circumstances, it shall terminate the hearing:
(A) hearing withdrawals by hearing the application;
(B) the hearing the applicants and their agents without any justified reason, refuses to attend or withdrew from the hearing without hearing permission;
(C) hearing of death or as a hearing of the applicant the applicant legal person or other organization is dissolved, disbanded;
(D) in the course of the hearing, hearing applicants or their agents disrupt the hearing order, do not scatter, cause hearing not normal;
(E) hearing of others needs to be terminated. 126th participants in the hearing and the bystander should comply with occupy the disciplinary hearing.
Occupy the discipline for violation of the hearing, the hearing officer should be warned to stop; not to be stopped, interfering with normal hearing bystander, ordered to leave. 127th records the particulars of the hearing officer shall hold a hearing transcript.
Record of hearing shall include the following:
(A) the Court;
(B) the time, place and manner of the hearing;
(C) the hearing officer and the identity of the participants in the hearing;
(Iv) handling a police statement of facts, evidence and legal basis and administrative penalties;
(E) hearing statements and pleadings of the applicant or his agent;
(Vi) third party statements of facts and reasons;
(VII) handling the people's police, hearing the applicant or his agent, the third hostage syndrome, subject of debate;
(H) the witness statements of fact;
(I) hearing the applicant and the third party, handling the final statement of the people's police;
(J) other matters. 128th hearing shall give a hearing to the applicant to read or read to them. Witness statements part of the hearing record should read or read to the witness. Hearing the applicant or witness consider hearing record is incorrect, you can request additions or corrections. After hearing the applicant or a witness verified as correct signature or NA fingerprints.
Hearing the applicant or a witness refuses, recorded in the recorder's hearing.
After hearing review, the hearing record, signed by the presiding hearer, hearing officers and reporters.
129th after the end of the hearing, the hearing officer shall write a report of the hearing, and submitted to the head of the public security organs in conjunction with hearing.
Hearing the report should include the following:
(A) the Court;
(B) the hearing officer and the basic situation of participants in the hearing;
(C) the time, place and manner of the hearing;
(D) the basic situation of hearing;
(E) the facts of the case;
(Vi) opinions and recommendations.
Nineth part a decision of administrative handling
First application of administrative penalty
130th acts violating the Administration in not discovered by the public security organs within six months, other offences not discovered by the public security organs in two year, no administrative penalties.
The period of time specified in the preceding paragraph, from the date on which the violation occurred, violations continued and continue to or status, from the date on which the Act ended.
A victim in violation within the hold time, to police complaints will not be accepted by the public security organs shall accept without hold time limit in the first paragraph of this article.
131th administrative punishment should be imposed, shall order the violator or rectify violations on the spot.
132th on the law-the same offence shall not be given more than two penalties administrative penalties. 133th persons under the age of 14 are in violation of, no administrative penalty, but shall order the guardian to strict discipline, and is not set out in the written decision of administrative penalty.
Persons younger than 18 years of age is 14 years of age are in violation of, a lighter or mitigated administrative penalty. 134th a mental patient is unable to recognize or control his own actions are in violation of, no administrative penalty, but shall order the guardian under strict surveillance and treatment, and is not set out in the written decision of administrative penalty. Intermittently mentally ill people in normal mental condition are in violation of, and should be given administrative punishment.
Has not completely lost mental patients to recognize or control his own conduct are in violation of and should be administrative penalty, but may be given a lighter or mitigated administrative penalty.
135th violator has any of the following circumstances shall be given a lighter or mitigated punishment or no administrative penalty:
(A) the initiative to eliminate or mitigate illegal consequences, and a victim of understanding;
(Ii) by coercion or deception of others;
(C) the meritorious;
(D) active, surrendered himself to truthfully state his violations of public security organs;
(E) shall be given a lighter or mitigated punishment or no administrative penalty according to law.
Offence minor and correct, causes no harmful consequences, no administrative penalties.
Blind or deaf and dumb person who violates the administration of public security, can be given a lighter or mitigated punishment or no administrative penalty; an intoxicated person who violates the administration of public security shall be punished.
136th the law-one of the following circumstances, shall be punished:
(A) have more severe consequences;
(B) instigates, coerces, coerces others to commit illegal acts;
(Iii) the informant, complainants, informants, witnesses and other retribution;
(Iv) six months received administrative penalties for public security, or more than twice a year because of similar violations by public security administrative punishment;
(E) completion of penalty, reeducation through labor to lift the three-year period, or during the probation period, violating the administration of public security.
137th one person has two or more offences, decided concurrently, you can make a decision, respectively, indicating for each offence dealing with content and merge the contents of the implementation.
A case of multiple violations of, respectively, decided, you can make multiple decisions, giving giving everyone a decision, serve on each violator.
138th administrative penalty concurrently, most not exceed 20th.
Before the completion of administrative punishment, found the law-other illegal acts, the public security organs in accordance with the administrative detention decisions are made, not with the administrative detention that is being executed concurrently. 139th on the given administrative punishment decision, and punishment due to the same enforcement measures had been taken to limit personal freedom should be offset. Restriction of personal freedom day credit executive administrative detention a day.
Ask for verification and further interrogation time not credit.
Coercive measures are taken to limit personal freedom over decisions of administrative detention, administrative detention decided not to perform.
140th violator has any of the following circumstances, should be given administrative penalty according to law, it shall make a decision, but not to deliver the detention centres the implementation:
(A) has reached the age of 14 the age of 16; (B) has attained the age of 16 under the age of 18, or violating the administration of public security administration for the first time.
However, had been for reeducation, administrative detention law does not implement administrative detention or as a result of disturbing public order and jeopardizing public safety, violation of personal rights, property rights, Act of obstructing the administration of the people's Court convicted except;
(C) more than 70 years old;
(D) women who are pregnant or is breast-feeding her own baby.
Section II administrative decisions 141th public security organ handling cases of public security deadline not later than 30th since the date of acceptance; case is significant and complex, approved by the public security organs at a higher level, you can extend the 30th.
For other administrative cases, there are statutory time limits for handling, in accordance with the relevant laws and regulations.
Identification in order to identify the merits of the period, are not included in the term of handling.
Acts violating the Administration Flight cases caused by objective reasons is unable to make a decision of administrative handling within the statutory time limit, the public security organs should continue to carry out investigation and evidence collection, and a victim to explain the situation and make a decision according to law in a timely manner.
142th suspected illegal does not tell his real name, address, identity is unknown, but as long as the illegal facts are clear, the evidence is reliable enough, true to its name, attached photos, make a decision, and indicated in the relevant legal instruments. 143th before making a decision of administrative penalty, shall inform the administrative penalty decisions of the offence suspected to be facts, reason and evidence, and informed the offence the suspect shall have the right to be heard and right to be heard.
Unlawfully, it shall notify its legal representatives, principals or their authorized personnel.
General procedures apply to the decision on administrative penalty, in writing or record form. 144th on the illegal facts are clear, the evidence fully, administrative penalty according to law, for violation of flight and other reason unable to perform the duty of disclosure, public security organs may be taken notice informed.
From the date of notice in the 7th, and suspects are not representations, you can make a decision of administrative penalty according to law. 145th offence the suspect has the right to make statements and to defend themselves.
The law suspects raised new facts, reason and evidence, public security organs should be reviewed.
Public security organs shall not be aggravating offence suspects to defend themselves.
146th on administrative cases for review, approval, shall review the following information:
(A) the basic situation of suspected illegal;
(B) the facts of the case are clear, the evidence is actually full;
(C) qualitative case is accurate;
(D) the applicable laws, regulations and rules is correct;
(E) the legality of the handling procedures;
(F) the intended decision is appropriate.
147th public security organs according to the administrative cases are made 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) there are violations, but there are no administrative penalty according to law, no administrative penalty decisions has illegally obtained, contraband and illegal property, control apparatus, shall be recovered or confiscated;
(C) illegal facts are not established, no administrative penalty decisions taken;
(D) to require community rehabilitation, compulsory isolation rehabilitation, resettlement process of education, reeducation, take a decision in accordance with law;
(E) to comply with the conditions of re-education through labor and reeducation-through-labor reported according to law; (Vi) an unlawful act constitutes a crime, to handle criminal cases or the transfer of competence to deal with the authorities, the Department, without having to remove the case.
Public security authorities have already made a decision of administrative handling, shall be attached to the volume;
(VII) found the law-other illegal acts, shall make a decision of administrative handling at the same time, notify the relevant competent administrative departments. Security cases are against people, the public security organ shall, from the date of making the decision decided to serve a copy of the book was in the 2nd person.
Could not be delivered, shall be indicated. 148th administrative punishment by public Security Bureau above the county level or exit-entry frontier inspection bodies.
According to law on illegal acts of persons held in administrative detention, police stations, according to an independent enforcement body of business units of public security organs shall report to public security organs above the county level of its decision.
149th on the administrative detention of representatives of the people's congresses at or above the county level, before a decision is made it should be licensed by the Bureau of the people's Congress or the Standing Committee of the national people's Congress.
Representative of the people's congresses of townships, nationality townships, and towns of administrative detention, decisions of the public security organs shall immediately report the Township, the people's congresses of nationality townships, and towns. Administrative penalty decisions of the 150th, it shall make a written decision of administrative penalty.
Decision shall set forth the following:
(A) the person penalized by name, gender, date of birth, identification type and number, domicile, current address, place of work, illegal experience and legal representative of the entity's name, address, and penalized person;
(B) the illegal facts and evidence as well as heavier or lighter or mitigated if the circumstances;
(C) the types of penalties, and legal basis;
(D) the modalities and duration of the punishment;
(E) the handling of property involved the results and the other to the person penalized;
(Vi) not satisfied with the decision, may apply for administrative reconsideration or bring an administrative suit the ways and terms;
(G) seal and the name of the public security organs, the decision date.
Fine, written decision of administrative penalty shall state fails to pay the fine in accordance with an additional fine standard and maximum; the property involved to deal with the administrative punishment decision letter should be confiscated, collected, lists recovered items.
Section 151th administrative punishment decision, should be punished in a timely manner and place or does not perform according to law the case informed the person penalized families. Decision on community drug rehabilitation is made, shall notify the decision one domicile or place of residence urban neighborhood offices, Township people's Government.
Compulsory isolation rehabilitation, reeducation, reeducation decided, should be decided within the statutory time limit the families, where the unit and domicile police substation.
Handle people refused to provide family contact or not to tell his real name and address, unknown, without notice, it should be indicated in the report of the written decision of the volume.
152th public security organs dealing with criminal cases, not serious enough for criminal punishment of public security administrative punishment shall be given by law, approved by the head of the public security organs above the county level, in accordance with the provisions of this chapter shall make a decision.
The tenth chapter mediation
153th articles for civil disputes caused by beatings, intentional injury, insult, libel, false charge or frame-up directed, intentional damage to property, disturbing others ' normal lives, invasion of privacy, trespass on residential and other acts violating the Administration, minor, and has one of the following circumstances, can be settled:
(A) the relatives, neighbors, colleagues, caused by a dispute between students at trivia;
(B) the perpetrator of violations caused by fault behavior against prior;
(C) other applicable mediation are more likely to resolve conflicts.
Do not constitute acts violating the administration of civil disputes, shall inform the party applying to the Court or the Organization of people's mediation process.
Minor, the facts are clear, causal relationship, not related to medical expenses, loss or parties for undisputed medical costs and loss of goods for payment, in line with the conditions of public order mediation, the parties agree to mediation on the spot and perform security cases, mediation, and conciliation agreements.
154th has one of the following situations, mediation is not suitable:
(A) hired harm to others;
(B) the gang-fighting or others to cause trouble;
(C) the multiple Commission of acts violating the Administration;
(D) the party indicated its willingness to mediate;
(E) the parties in the mediation process and acts violating the Administration against each other;
(F) the mediation process, the illegal escape of suspects;
(VII) other appropriate mediation process.
155th mediation to deal with the case shall ascertain the facts, collecting evidence, and follow the principle of lawful, fair, voluntary and timely, focused on education and counseling, and resolving conflicts. 156th in the minors by the parties, the mediation should be notified when their parents or other guardians arrived at the scene.
However, the parties for minors over 16 years of age, with their own labour income as the main source, I agree that without notice, without notice. A victim commissioned others to participate in mediation, and should submit a power of attorney to the public security authorities, and State delegate permissions.
Suspected illegal trust others to participate in mediation.
157th on neighbour disputes caused by cases of public security when carrying out mediation, and may invite the parties to live (village) Commission personnel or personnel familiar with the parties to participate in helping to mediate. 158th mediation for a time. A mediation fails, the public security organ deems it necessary or if the Parties apply, can mediation again, and should be completed within seven working days after the first mediation.
Mediation shall make a written record.
159th a conciliation agreement, the public security organs under the auspices of a conciliation agreement, the Parties shall sign the mediation agreement, and to perform the mediation agreement.
Mediation agreement should include the name of the conciliation body, host, the basic situation of the parties and other persons, cases of time, place, person, causes, history, circumstances, result, Protocol, content, duration and method of performance, and more.
A conciliation agreement, shall preserve case evidence, together with other instruments, materials and a mediation agreement classified files. 160th conciliation agreement and fulfilled, the public security organs no longer punishment.
Mediation no agreement or agreement does not comply, the perpetrator shall be punished according to law for violation of public security management; disputes over compensation for damage caused by illegal, public security organs may mediate mediation fails, the people's Court shall inform the parties to initiate civil action.
Time limits from handling cases of mediation mediation no agreement or conciliation agreement is calculated starting from the date of failure to comply.
161th to comply with the provisions of article 153th security cases, conciliation and to fulfil the settlement agreement by the parties, written application and approval by the public security organ of the parties, the public security organs not administrative penalties for public security, but excluding public security organ has made a decision.
11th chapter in connection with the property management and disposal Article 162th evidence law to arrest, detention, seizure, sampling, recovered, collection of property and antecedent register kept by the public security organs shall be responsible for the property, the public security organs shall take good care of, you may not use, misappropriation, replacement or damage.
Losses shall be liable.
In connection with the custody of property costs borne by the public security organ to take decisions.
163th involved in property management, conditional handling Department of public security authorities shall designate specific casework not civil police are responsible for the property in connection with receiving, storage, transfer, etc.
Public security organ may establish in connection with the property holder, place, account, and specify its internal organization is responsible for the custody of the Department of handling cases involving property for centralized management. Sealed premises, facilities, property, deposited to third party, third party damage or unauthorized transfers and disposal.
The losses attributable to a third party, the public security organ after the advance payment has the right to recourse against the third party.
164th public security organs involved in property management and handling departments shall establish the electronic account, in connection with the property numbered register, stated the case,, storage status, place of origin and destination. 165th extraction involved handling the people's police shall be in accordance with the law of property within 24 hours after the transfer of property in connection with the property management personnel, and transfer procedures.
To seal up and antecedent register in connection with the property, measures should be taken within 24 hours after, legal documents copies and in connection with the case sent to the property management, registration of the property.
In different places in remote, inaccessible areas or extraction connection with property, handling the people's police shall, within 24 hours after returning to his unit handed over.
If the case is urgent, you need to extract the property involved carried out within 24 hours after identification, identification, and approved by the handling Department, you can complete the identification, identification within 24 hours after the transfer.
Within 24 hours after the extraction involved property involved property has been disposed of, no longer transfer.
For inquiry, identify, identify, test and handling needs, approved by the handling Department, handling the people's police can call the property involved, and returned in a timely manner.
166th easily spoiled and other difficult to keep the goods, dangerous goods, approved by the head of the public security organs, taking pictures or videos according to law after the sale or auction, sell or auction price to be saved, according to relevant regulation after the pending processing.
Of flammable, explosive, poisonous, radioactive and other dangerous goods shall be deposited in the special place for storage of dangerous goods.
Belonging to a victim or bona fide third persons lawful possession of the property shall be promptly returned after registration, taking pictures or videos, valuation, and indicate the reason for the return in the case files, original photo, listing and receive procedure file for future reference.
Not into the volumes of physical evidence, shall be photographed in volume, after the original on the case in accordance with the relevant provisions.
167th in the administrative decision, the property involved should be dealt with together.
168th in the handling of administrative cases and seized the following items should be collected according to law:
(A) the contraband such as drugs, pornographic materials;
(B) the gambling paraphernalia and gambling money;
(C) drug ingestion or injection equipment;
(D) forging or altering official documents, certificates, documents, tickets, stamps, etc;
(E) vehicle ticket scalping, theatrical performances, sports tickets and other valuable coupons;
(Vi) is mainly used to commit violations of all the tools and direct funds for drug offences;
(G) the provisions of laws and regulations can be other illegal property seizures.
Tools listed in the sixth item of the preceding paragraph, unless there is evidence that belongs to all other legitimate, you can directly identify the violator from all.
Illegal earnings should be recovered or confiscated according to law.
Multiple violations common to commit violations, illegal income or the illegal property cannot distinguish between all and be dealt with as a common illegal income or the illegal property. 169th collection decided by public security organs above the county level.
However, contraband, control apparatus, appliances to ingest or inject drugs and illegal property value of 500 Yuan and property value without objection by the parties, the public security police stations can collect. Recovering decided by public security organs above the county level.
However, recovery of property shall be returned to a victim of, police stations can be recovered.
170th on the collection and recovery of the property by the original approval of the authorities in charge, respectively in accordance with the following provisions:
(A) belong to the legitimate property of the victim or third person in good faith, shall be promptly returned;
(B) is not a victim of, register, after being turned over to the State Treasury pursuant to the provisions or legally sold, auctioned and the proceeds turned over to the State Treasury;
(C) to contraband, no value to the article, or the de minimis value items cannot be sold, auctioned, unified register and destruction;
(Iv) dangerous goods that cannot be sold or auctioned, and public security departments above the county level shall make factories destroyed or recycled. 171th property should be returned to their original owners or the parties, notify the owner or the party within six months in order to claim; origin uncertain, should take notice to inform their owners claimed. In the notification, the party of origin within six months after notice or unclaimed, according to bona vacantia, turned over to the National Treasury after registration, or proceed with the sale or auction, and the proceeds turned over to the State Treasury.
In special situations, appropriate extension, extension not longer than three months.
The 12th Chapter Executive
Section I General provisions 172th after the public security organ shall make a decision of administrative handling and processing shall, in a decision of administrative handling within the period to be fulfilled.
Fails to perform, make a decision of administrative handling of the public security organs may by law enforcement or the people's Court for compulsory execution.
173th who refuses to accept the decision on administrative processing may apply for administrative reconsideration or bring an administrative lawsuit, a decision of administrative handling does not stop the execution, except as otherwise provided by law. 174th in law enforcement of public security organs decide before or the people's Court for compulsory execution, shall first urged the people to implement the decision. Notice in writing, be processed and sent directly to people.
Is dealing with people who refused or could not be sent directly to be dealing, fifth chapter in accordance with the relevant provisions of the service.
Notice shall set forth the following:
(A) a decision of administrative handling time and method of performance;
(B) involve money, there should be clear the amount and payment method;
(C) the person shall have the right to be heard and right to be heard. 175th being received after the interpellation right to State and to defend themselves. Public security organs should fully listen to and record and review.
Deal with the facts, the reasons or evidence established, the public security organs should adopt.
176th as notice, be processed without justifiable reasons not to implement the decision, law enforcement by public security organs, public security authorities may make enforcement decisions.
During the notice period, there is evidence that transfer or concealment of property, the public security organ may decide to immediately enforce.
Enforcement of decisions should be made in writing, and contain the following particulars:
(A) the name or name and address of the person;
(B) of the rationale and basis for enforcement;
(C) the manner and timing of enforcement;
(D) apply for administrative reconsideration or bring an administrative suit the ways and terms;
(E) the name, stamp and date of public security organs to take decisions.
177th requirements are handled according to law perform remove, restitution and other obligations of the administrative decision being processed fails to perform, the notice would not comply, the consequences have been, or will endanger safety, fire safety, the public security organs to perform, or entrust a third party with no interest to fulfil.
Implementation shall comply with the following requirements:
(A) served on the former decision, fulfilling the decision shall set forth the party's name or title, address, reason for discharge and the basis, mode and time, subject, budget and performance of people;
(B) implementation of 3rd, urge the parties to fulfil, fulfill, stop to perform;
(C) performance, police officers for monitoring of the decision;
(D) are fulfilled, police supervisors, perform and party or witness should sign or seal on the instrument. Implementation expenses shall be borne by the parties.
However, except as otherwise provided by law. 178th must immediately clear the way of obstructions and cannot be cleared by the parties, or other emergency requiring immediate implementation, the public security organ may decide to immediately implement to fulfil.
Without the presence of the parties, the public security organ shall immediately notify the parties and dealt with according to law. 179th administrative enforcement, public security authorities may, without prejudice to the public interest and the legitimate rights and interests of others cases, implementation agreements with the parties.
Implementation of the agreement may agree to a phased implementation; remedial measures be taken by the parties, relief added a penalty. Implementation of the agreement should be fulfilled.
Punishment fails to perform the implementation of the agreement, the public security organ shall restore the enforcement. 180th parties within the statutory time limit does not apply for administrative reconsideration or bring an administrative action, and failure to comply with a decision of administrative handling, the law does not provide for the enforcement of public security organs, make a decision of administrative handling public security organ may within three months from the date of expiry to the local jurisdiction of the people's Court for compulsory execution.
Due to the urgency of the situation, to ensure public safety, public security authorities may request the people's Court executed immediately.
Enforcement costs borne by the person subjected to execution.
181th before apply to the people's Court for compulsory execution, public security organs should urge people to fulfil their obligations, after written notice to the 10th treatment failed to perform a duty, the public security authorities may apply to a people's Court for compulsory execution.
182th to the people's Court for enforcement of public security organs should provide the following materials:
(A) the application for enforcement;
(B) the written decision and decide on the facts, grounds, and basis;
(C) the views of the parties, and urged public security organs;
(D) seeking to enforce the standards;
(V) other materials stipulated by laws and regulations.
Enforcement of application shall be signed by the head of the public security organs make a decision, stamped with the seal of the public security organs, and dated.
183th enforced public security organs of the people's Court shall not accept applications, refuse to enforce the ruling disagrees, May 15th in the higher people's Court for reconsideration.
184th has any of the following circumstances, suspension of enforcement:
(A) the rated discharge capacity of the parties;
(B) any third party claim of the execution, did have reasonable grounds;
(C) implementation may have on others or caused irreparable major damage to the public interest;
(D) the need to suspend execution. Suspension disappears, the public security organs should be reinstated.
No significant social harm, where a proof of inability to perform, and did not resume suspended for three years, and is no longer performed.
185th has any of the following circumstances, ending enforced:
(A) the death, no heritage to implement, and is under no obligation to bear man;
(B) termination of legal person or other organization, no property available for execution, and is under no obligation to bear man;
(C) loss of execution;
(D) to implement a decision of administrative handling was canceled;
(E) the need to terminate execution.
186th in the implementation or after execution, according to perform the administrative decision revoke or alter, or execution errors, should be restored to its original state or to return property cannot be recovered to its original state or to return goods, shall be subject to compensation.
187th in addition to articles that should be destroyed, police confiscated or collected according to law, the recovery of illegal gains and illegal property, must be dealt with in accordance with the relevant provisions of the State or turned over to the State Treasury.
Fines, confiscation or seizure of illegal proceeds and illicit funds and confiscation of property for auction or sale of bonds must be turned over to the State Treasury, shall not in any form of rejection, privately divide or disguised privately.
Fined in section II of the implementation 188th public security organs to make penalty decisions, punishments shall, from the date of receipt of the written decision of administrative penalty in the 15th and pay the fine to the specified bank.
Have any of the following circumstances, handling public security organs and people's police can collect fines on the spot, otherwise provided by law, those provisions shall:
(A) to acts violating the administration of 50 Yuan the following penalty and violation of traffic regulations by pedestrians, passengers and non-motor vehicle driver fine, dissent and you're being punished;
(B) for violations of law and order management, traffic violations other than the penalty of between 20 Yuan on the spot;
(C) in remote, water, inaccessible areas, passenger trains or ports, there is difficulty in being punished to the designated bank to pay the fine, by the penalized person;
(D) the person penalized on the ground there is no fixed residence, is not collected on the spot are difficult to implement.
With one of the first and third conditions of the preceding paragraph, handling the people's police shall request the person penalized signature confirmation. 189th section of public security organs and people's police to collect fines on the spot, shall present the provincial or national financial sector uniformly made fine receipt.
Not issued by the provincial or national financial sector uniformly made fine receipt, punishment has the right to refuse to pay the fine.
190th article police should since collection fine of day up 2nd within, will spot collection of fine make to its belongs police organ; in water Shang spot collection of fine, should since arrived Bank of day up 2nd within will spot collection of fine make to its belongs police organ; in passenger train Shang spot collection of fine, should since returns of day up 2nd within will spot collection of fine make to its belongs police organ.
Public security organs shall from the date of receipt of the fine penalty payment specified in the 2nd Bank.
191th be punished who have had financial difficulties for application via the person penalized and made the decision public security organ, a suspended or in installments to pay the fine.
192th was punished for does not article in these provisions 188th to pay the fine within the time limit provided for in article, make a decision of administrative penalty public security organs may take the following measures: (A) seize and detain the person penalized according to law of property auction or sale arrives in payment of the fine.
Price for the auction or sale of more than the amount of the fine, the surplus should be returned immediately the person penalized;
(B) do not take the first measure, 3% Add a fine daily fines, plus penalty amount shall not exceed the amount of the fine.
Property auctions, auction agencies by public security organs in accordance with the law.
Article 193th to add a fine than 30th urged been punished people still do not comply, the public security organs in accordance with the provisions of the decision on administrative penalty provisions of 180th is located, has jurisdiction over the people's Court for compulsory execution.
Section III implementation of administrative detention 194th was decided on administrative detention of people, carried out by the decision of detention served on public security organs.
Resisting execution, you can use the binding apparatus.
Was decided on administrative detention of people, in different places were captured or implementation of other need for offsite detention, approved by the offsite detention by public security organs in charge, can be performed in different places. 195th on the decision in the meantime administrative detention or compulsory isolation rehabilitation personnel and community detoxification, should perform administrative detention, regardless of the period of administrative detention into the community drug rehabilitation or compulsory isolation rehabilitation period.
Conditions of detention did not have drug treatment, compulsory isolation rehabilitation that can be managed by the public security organs carry out administrative detention.
196th punished people appealed against the administrative detention decision may apply for administrative reconsideration or bring an administrative action, can make a decision of administrative detention to apply for public security authorities to stay the execution of administrative detention; oral application, the police should be recorded and signed by the applicant or NA fingerprints.
During the execution of the person penalized in administrative detention, proposed suspending the application of administrative detention, detention shall immediately forward the application administrative detention decisions are made by the public security organs.
197th are received by the public security organs shall be punished persons suspension decision on the application within 24 hours as of the time of administrative detention.
Public security organ considers suspending administrative detention would not endanger the social danger, and be punished or his close relatives eligible guarantors, or as a daily standard of 200 Yuan deposit in administrative detention, the decision to suspend the application of administrative detention should be made.
The same person penalized shall also be ordered to provide a guarantor and pay security.
Performed by the penalized person has served detention, the public security organ shall immediately suspend the application of administrative detention decided to serve detention, detention shall immediately release the person penalized.
198th punished people with any of the following circumstances, the decision not to suspend the application of administrative detention should be made, and inform the applicant of:
(A) suspend the application of administrative detention may escape;
(B) other criminal suspects are under investigation or investigation;
(C) other circumstances should not be suspended under administrative detention.
199th in administrative detention and fined, fines could suspend the application of administrative detention without a stay of execution.
Article No. 200 in the suspended period of administrative detention, the person penalized shall comply with the following requirements:
(A) without a decision by the authorities not to leave the city or County of residence;
(B) the address, place of work and contact information changes, in less than 24 hours to report to the authorities;
(C) not to interfere with a witness in administrative reconsideration and administrative litigation evidence, forge or falsify evidence;
(D) shall not avoid, refuse or impede the execution of the punishment.
During the stay of execution of administrative detention, the public security organ shall not preclude the person penalized shall exercise administrative reconsideration and administrative litigation rights.
Article No. 201 to stay the execution of administrative detention the guarantor shall comply with the following conditions:
(A) not involved with this case;
(B) be entitled to political rights and not subjected to restriction or deprivation of personal freedom;
(C) local permanent residence and domicile;
(D) performance of the secured obligation.
No. 202 public security organ after a review concluded that suspend the guarantor in accordance with conditions of administrative detention, issued by a surety bond, and will be the guarantor of public security organs to recover.
Article No. 203 suspended administrative guarantor shall fulfil the following obligations:
(A) the guarantees provided by the guarantor of compliance with the provisions of Article No. 200;
(B) find the sponsor or forging evidence or collude with others to escape, to report to the public security organs in a timely manner.
Guarantor suspended administrative detention not performance of the secured obligation, which was performed by the surety to escape punishment in administrative detention, the public security organs can be fined a maximum of 3,000 yuan against the guarantor, and of the principal restoration of administrative detention.
Suspend the guarantors had fulfilled its obligation of administrative detention, but the sponsor still escape punishment execution of administrative detention, or the person penalized after their escape, sponsor and actively help the public security organs captured the person penalized and may be given administrative punishment or not. Article No. 204 suspend the guarantor during the suspended administrative detention period of administrative detention, unwilling to continue the loss of security or collateral requirements, administrative authorities shall order the person penalized new sureties or deposit.
Without the guarantor does not pay bail amount, administrative authorities shall be punished by sending the detention unit implementation. Article No. 205 margin should be collected by the Bank.
Non-business hours in a Bank, the public security organs may initially charged, and after receiving the deposit 3rd deposit within the specified bank account. From outside the Department for handling public security organs shall specify the legal system, equipment finance and other departments responsible for the management of security.
No interception, take, misappropriate, or in any other form of misappropriation of margin.
No. 206 administrative detention punishment is revoked or starts executing, the public security organ shall deposit refund to pay people.
Was decided to administrative detention has evaded punishment execution of administrative detention, police confiscated up to administrative detention decision or partial forfeiture of deposit, administrative authorities shall be punished by sending the detention unit implementation.
Article No. 207 was punished in public security authorities confiscated the margin is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
Fourth section dealing with implementation of the decisions of Section No. 208 penalty of revocation of permit or license issued by the public security organs shall, after revocation of permit or license stamp seal collection. Punishment of people refusing to hand in documents, the public security organ may notice nullified.
Revocation of permit or license is not issued with the institution, decision authority shall promptly notify the issuing authority after the sanction decision.
Section No. 209 of proscription can take notices in the business place shall be announced, order a ban immediately to stop business activities; illegal gains, according to law shall be confiscated or recovered. Refuses to stop business activities, the public security organ may confiscate or withdraw their tools, equipment exclusively used for illegal business activities.
Business license has been made, the public security organ shall notify the administrative departments for industry and commerce to revoke its business license.
Article No. 210 on refusal to implement the order to suspend decisions of the organs of public security, public security authorities may enforce or apply to a people's Court for compulsory execution.
Article No. 211 was decided on compulsory isolation rehabilitation, persons receiving education, reeducation, sent by the public security organ to take decisions compulsory isolation rehabilitation sites, the host venue, reeducation of education place for execution.
Was decided on community rehabilitation workers, the public security organ shall order it to the place of residence community rehabilitation, now has a permanent place of residence outside the domicile, you can order it now living in community drug treatment.
The 13th chapter of foreign-related administrative cases handled
Article No. 212 foreign-related administrative cases, should maintain sovereignty and interests of States, insist on the principle of equality and mutual benefit.
Article No. 213 on the nationality of foreigners confirmed that for its time and effective entry indicated that nationality documents shall prevail; questions of nationality or whose nationality is unknown, by the exit and entry Administration Department of public security organs to help identify.
The failure to identify the foreigner of unknown nationality, identity, nationality or stateless persons according to their self-reported treatment.
Article No. 214 illegal people-foreigners who enjoy diplomatic privileges and immunities, handling public security organs should be the identity, documents, and violations of basic information on the record and preserve relevant evidence, and as soon as the situation cengbao provincial-level public security organs, public security organs at the provincial level people's Government at the Department of Foreign Affairs through the diplomatic channels.
Foreigners who enjoy diplomatic privileges and immunities, restriction of personal freedom and of attachment, arrest may be taken coercive measures. Article No. 215 foreign-related administrative cases, you should use the People's Republic of China written language in common.
Not familiar with the Chinese language, the public security organs should be provided with translation party proficiency in Chinese language, do not need others to translate, and shall provide a written statement.
Approved by the head of the public security organs above the county level, foreign parties can hire your own translation, translation fees borne by the individual.
Article No. 216 foreigners having any of the following circumstances, questioning or continue questioning suspects cannot be ruled out, further investigation is necessary, the head of the public security organ or the exit-entry frontier inspection authorities above the county level approval, may be detained for examination:
(A) suspected of illegal exit or entry;
(B) assisting a person suspected of illegal exit or entry;
(C) suspected of illegal residence and illegal employment;
(D) harm national security and interests, disrupt public order or suspected of engaging in other criminal activities.
Detention review, shall produce written decision on detention, and within 24 hours for questioning. Review of detention period not later than 30th of the complexity of the case, by a higher public security organ or the exit-entry frontier inspection authorities may be extended to 60 days.
Of unknown nationality, identity, self cleaning the detention period counted from the date of their nationality and identity.
Section No. 217 of the following circumstances, should be released from custody review:
(A) decided to deport, ordered to leave or deportation;
(B) the review should not have been detained;
(C) of the measures to be taken to limit the scope of activities;
(D) the transfer of cases to other departments;
(E) other detention shall be withdrawn.
No. 218, aliens have one of the following is not applicable to detention reviews, the head of the public security organ or the exit-entry frontier inspection authorities above the county level approval, you can limit the scope of their activities:
(A) suffer from serious illnesses;
(B) pregnant or is breast-feeding her own baby;
(C) under 16 years of age or have reached the age of 70;
(D) other circumstances as not suitable for the application of detention reviews. Limited range of foreigners, should be subject to review as and when required, without approval of the public security organ shall not leave a restricted area. Limiting the scope of activities shall not exceed 60 days.
Of unknown nationality, identity, restricting the term self cleaning range calculated from the date of their nationality and identity.
Article No. 219 were foreigners limit activities shall comply with the following provisions:
(A) without the approval of authorities, may not be changed to live, over a specified area of activity;
(B) when summoned, subpoenaed;
(C) not to interfere with a witness to give evidence in any form;
(D) not to destroy or falsify evidence or collude with others.
Article No. 220 foreigners have one of the following circumstances, the head of the public security organ or the exit-entry frontier inspection authorities above the county level approval can be deported:
(A) were ordered to leave, not of departure within the time stipulated;
(B) refusal of entry;
(C) illegal residence and illegal employment;
(D) violation of laws, administrative rules and regulations need to be deported.
Other external staff with one of the circumstances listed in the previous paragraph, can be legally deported.
Deportation officer, within 1-5 years from the date of deportation are not allowed entry.
No. 221 deportation of foreigners can be sent to the following countries or regions:
(A) the State of nationality;
(B) the country or region of residence before the immigration;
(C) the birth country or region;
(D) the entry before the exit port of the country or region;
(E) allow the deportation of aliens from countries or regions.
Article No. 222 has one of the following foreigners should be detained in places of detention or return:
(A) detention reviews;
(B) decided to deport or expel, but due to bad weather, transport schedules, client health status or nationality, for objective reasons, such as his identity is unknown, cannot be executed immediately.
Article No. 223 of foreigners for further interrogation, detention, restriction of activities, refuses to accept the deportation measures, may apply for administrative reconsideration, administrative reconsideration decision is final.
Other foreigners on deportation measures against, may apply for administrative reconsideration, the provisions of the preceding paragraph shall apply.
Article No. 224 foreigners have one of the following, by the public security organs at or above the county level entry and exit frontier inspection authorities decided, could be ordered to leave:
(A) violate the administration of public security;
(B) engaged in activities not consistent with arrival of residence;
(C) in violation of Chinese laws and regulations, not appropriate to continue to stay in residence in China. Decisions to foreigners ordered to leave, should provide for the term of the departure of foreigners, to remove his valid visa stay or residence certificates.
Ordered to leave the period of not later than 30th. No. 225 foreigners violating the administration or the exit and entry management, if the circumstances are serious, does not constitute a crime, hosting the deportation of a public security organ may cengbao the Ministry of public security.
Expulsion decisions are final to the Ministry of public security, announced by the host authorities and executed.
Aliens who have been deported, expelled from the country within ten years from the date of refusal of entry.
Article No. 226 foreigners impose a fine or administrative detention and ordered to leave or be deported, should the fine or administrative detention is completed after the deadline to leave or expelled from the country.
Article No. 227 foreign-related administrative cases shall be in accordance with State regulations on handling foreign-related cases, strict implementation of reports, internal communication, external notification system. No. 228 article on foreigners made administrative detention, and detention review or other limit liberty and limit activities range of decided Hou, decided organ should in 48 hours within will foreigners of name, and gender, and entry time, and passport or other ID pieces number, case occurred of time, and locations and the about situation, illegal of main facts, has take of measures and legal according to, situation report provincial police organ; provincial police organ should in provides term within, Will inform the Embassy or Consulate of the country to which the alien belongs, and inform the people's Governments at the Foreign Affairs Department.
Parties to claim without notice to embassies, consulates, and the State of nationality and the parties did not sign the bilateral agreement must be notified, without notification, but should be its own written request.
Article No. 229 aliens in administrative detention, detention reviews, limit the scope of activities or other restriction of personal liberty during the death of provincial-level public security organ shall notify the alien concerned is a member country embassies, consulates, and inform the Ministry of public security and the people's Governments at the Foreign Affairs Department. Article No. 230 foreigners in administrative detention, detention or other restriction of personal liberty and restrictions on the scope of activities during the state its diplomatic, consular officials to visit, authorities should be arranged in a timely manner.
The foreigner rejects diplomatic and consular officials from their countries to visit, the public security organ may not be arranged, but it should be by himself issued a written statement.
Article No. 231 in foreign-related administrative cases not specified in this chapter, apply relevant provisions in the other chapters.
14th chapter end case
Article No. 232 cases with any of the following circumstances shall be closed:
(A) no administrative penalty decisions taken;
(B) the applicable agreement and the case of the conciliation proceedings were complied with;
(C) administrative penalties such as decisions are made and implemented;
(D) an unlawful act constitutes a crime, to handle criminal cases;
(E) make decisions, performed the loss, death and other objective reasons cannot be performed with or without implementation.
Article No. 233 investigation discovered administrative cases with any of the following circumstances, police station, the county-level public security organs handling Department or head of the exit-entry frontier inspection organs above the approved, to terminate the investigation:
(A) there is no illegal facts;
(B) limitation of offences have been held accountable;
(C) the unlawful deaths of suspects;
(D) other needs the investigation of cases.
When the investigation is terminated, and suspects of compulsory administrative measures have been taken, shall be terminated immediately.
Article No. 234 in the handling of administrative cases in the form of instruments materials, should be established in accordance with the principles of case volume case file, and in accordance with the relevant provisions in the closed or terminated after investigation to file transfer archives custody or take care of.
Article No. 235 administrative case files should include the following:
(A) records of case registration forms or any other found cases;
(C) the decision instrument;
(D) forms in the cases of other legal instruments.
Article No. 236 qualitative basis of administrative cases legal instruments and materials should be complete, may not be damaged or forged.
The 15th chapter by-laws
Article No. 237 of provincial-level public security organs should establish and perfect a unified case information system.
Handling departments shall, in accordance with the relevant provisions of administrative cases accepted, investigation and evidence collection, coercive measures, and so on, as well as relevant instruments materials input case information system, online audit and approval. Article No. 238 needed to carry out the provisions of the legal instrument model, formulated by the Ministry of public security.
The Ministry of public security did not develop a model, other legal instruments needed in the work of law enforcement, provincial-level public security organs may develop specifications.
No. 239 of these provisions, the term "upper" and "lower" or "within" include the number or level. No. 240 of these provisions come into force on January 1, 2013, in accordance with the People's Republic of China Law on exit and entry management new system set to take effect on July 1, 2013.
Posted August 24, 2006 of handling administrative cases by public security organs regulations repealed simultaneously. Other regulations of the Ministry of public security has special provisions on administrative procedures, in accordance with special regulations without special provisions, in accordance with the regulations.
Search Translated Laws of China