Handling Administrative Cases By Public Security Organs Regulations

Original Language Title: 公安机关办理行政案件程序规定

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(August 24, 2006 the Ministry of public security announced come into force on the date of promulgation, 88th) contents chapter I General provisions chapter II chapter III jurisdiction to avoid the fourth chapter sixth and served during the fifth chapter of the summary procedures of evidence chapter seventh investigation section I section II general provisions section III asked the fourth section identification of inspection and examination section fifth, sixth test section Identified section seventh eighth sample forensics evidence to preserve the eighth chapter section II hearing officer hearing procedures section I General provisions section told of hearing, and hearing people of hearing of the application and acceptance section fourth Nineth decision chapter and the application of administrative penalties section I section II of the application of administrative penalties administrative penalty decision to the tenth chapter of mediation the 11th chapter property in connection with the 12th chapter Implementation 13th chapter foreign administrative case of handle 14th chapter case end 15th chapter schedule first chapter General first article to specification police organ handle administrative case program, guarantees police organ in handle administrative case in the right perform duties, protection citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China administrative punishment method, and People's Republic of China security management punishment method, about legal, and administrative regulations, developed this provides. 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 punishments and mandatory drug treatment, reeducation, cases of compulsory measures. Third public security organs in handling administrative cases should be based on facts and take law as the criterion. Shall follow the fourth public security organs in handling administrative cases legitimate, fair, open and timely principle, respect for and protection of human rights, protection of human dignity. Fifth public security organs in handling administrative cases should adhere to the principle of combining punishment, and consciously abide by the education of citizens, legal persons and other organizations. Sixth the administration of public security organs in handling juvenile cases should be based on the physical and mental characteristics of minors and safeguard their legitimate rights and interests. Seventh public security organs 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. Article eighth public security staff in case of negligence, deception, abuse of power, the solicitation or acceptance of other people's property, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. Chapter II jurisdiction article Nineth administrative investigations by the police jurisdiction where the offence occurs. 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 involving prostitution, prostitution, inducing, taking in and introducing prostitution, gambling, except for cases. Violations to public security authorities handed over the law-jurisdiction the public security organ in the place of residence of the administrative cases, violations to the public security organ shall be collected in time before the change in fixed evidence 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, submit to the common public security organs at a higher level for designation of jurisdiction. Grave and complex cases, superior public security organ may apply directly or to exercise jurisdiction. 12th railway public security organs are responsible for investigation and treatment on the train, railway station area, organs, plants, railway systems segment, cases, teams and other units, as well as placing obstructions on the railway line or damaged, mobile railway applications might affect railway transportation safety, cases of theft of rail facilities. Port police responsible for the investigation and handling of ships on the harbor system, ports, terminals and organs within the work area, plants or cases, teams and other units. Civil Aviation public security organ responsible for investigating civil aviation authority managed airports and civil aviation systems, factory, team and other units and on board civil aircraft case. Forest public security organs of the State-owned forest region is responsible for the investigation and handling of cases occurring within the forest area. 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. Third chapter avoided 14th article police organ head, and case police has following case one of of, should avoided, case party and statutory agent right to requirements they avoided: (a) is this case of party or party of near relatives of; (ii) I or its near relatives and this case has interest relationship of; (three) and this case party has other relationship, may effect case just processing of. 15th 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. 16th handling heads of public security organs, the people's police of applying for withdrawal shall state the reasons. 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 make a decision and notify the applicant in the 2nd. 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 his withdrawal, the right to decide who avoided the public security organs may instruct him to withdraw. 20th in the course of administrative investigations, expert witnesses and interpreters need to be avoided, the provisions of this chapter shall apply. Article 21st before making a decision in the public security organs, handling the people's police shall not stop the investigation of administrative cases. 22nd decided to shy away from the Public Security Bureau, cases, expert witnesses and interpreters police, prior to the decision made by the effectiveness of the activities in connection with the case, made the decision public security organs according to the circumstances of the case decision. Fourth chapter evidence 23rd article police organ handle administrative case of evidence type main has: (a) documentary; (ii) evidence; (three) audio-visual information, and electronic evidence; (four) was against people statement and other witnesses testimony; (five) illegal suspects of statement and defence; (six) identification views; (seven) detection conclusion; (eight) inspection, and check record, site record. 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, enticement, deception or other illegal means to collect evidence. Evidence obtained by unlawful means cannot be used as a basis for ascertaining. 25th police collect or obtain evidence from relevant units and individuals shall inform it must provide truthful evidence. 26th article 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. 27th 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 28th with hours, days, and months, during or at the time of day are not counted. Time period shall not include travelling time. Period expires on the last day of a holiday, and holidays during the first day after the expiration date. 29th article police organ served legal instruments, should comply with following provides: (a) case police in accordance with simple program made spot punishment decided of, should will decided book spot delivered was punishment people, and by was punishment people in record of decided book SHANG signature or sealed; was punishment people refused to signature and sealed of, by case police in record of decided book SHANG indicate; (ii) except this paragraph first items provides outside, police organ 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 sealed, that for served; was processing people refused to signature and sealed 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. Recipient of the service or the receiver refuses to accept or refuse to sign and seal, the service can invite his neighbours or other witnesses present, explain the situation, leave the instrument in the addressee, in refusing the origin, date of service on the delivery receipt, signed by the person, witnesses, or before entering a fingerprint, the service shall be considered. 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. Sixth chapter simple program 30th article illegal facts hard, and has following case one of of, police can spot made punishment decided, has contraband of, can spot collection: (a) on violation security management behavior people or road traffic violations people at 200 Yuan following fine or warning of; (ii) on has other violations of personal at 50 Yuan following fine or warning, and on units at 1000 Yuan following fine or warning of; (three) legal provides can spot punishment of other case. Prostitution, prostitution, inducing, taking in and introducing prostitution, soliciting prostitution and gambling cases, does not apply on the spot penalties. 31st spot penalties should be implemented in accordance with the following procedures: (a) indicate to the law-enforcement capacity, indicating its illegal facts; (Ii) on violations people of statement and defence, should full heard; violations people proposed of facts, and reason or evidence established of, should adopted; (three) fill in spot punishment decided book and spot delivered was punishment people; (four) spot collection fine of, while fill in fine receipt, delivered was punishment people; not spot collection fine of, should told was punishment people in provides term within to specified of Bank paid fine. Article 32nd used summary punishment, can a person make a decision of administrative penalty by police. Police administrative punishment on the spot, shall be reported within 24 hours after the decision belongs to the public security organ for the record. 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 section I General provisions article 33rd when public security organs to investigate administrative cases, it should be comprehensive, timely and lawfully collect or obtain evidence, and be subject to review and verification. 34th article need survey of case facts including: (a) illegal suspects of basic situation; (ii) violations whether exists; (three) violations whether for illegal suspects implementation; (four) implementation violations of time, and locations, and means, and consequences and other plot; (five) illegal suspects has no statutory from heavy, and lighter, and reduce and not punishment of case; (six) and case about of other facts. 35th in investigation and evidence collection, the public security organs, the people's police shall not be less than two, and the forensics team that surveyed law enforcement capacity should be. 36th police uncovered or suspected illegal case should be safety checks found knives, weapons, explosive and other dangerous goods shall be seized immediately. Is not required to check permits. 37th suspected illegal in his drunken state, danger to himself or to others persons, property or public safety threat, you can take protective measures to sober up, may also notify the families of the unit to which it belongs, or to bring it back into custody. 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, it should be noted that care. Confirm that after drunk man sober up, shall be immediately binding and asked. Time does not count asking to verify hours. Second section by case 38th article police organ on reported, and charged, and reported, and masses listed or illegal suspects surrendered, and other administrative competent sector, and judicial organ transferred of case, should timely accepted, for registration, and respectively made following processing: (a) on belongs to this units jurisdiction range within of matters, should timely survey processing; (ii) on belongs to police organ duties range, but not belongs to this units jurisdiction of, should in accepted Hou of 24 hours within transferred has jurisdiction right of units processing, and told reported people; (C) on matters within the area of responsibility does not belong to the public security organs, reported the case to the other competent authorities concerned shall inform the parties or surrender. Public security organs and people's police found in the day-to-day enforcement of violations, in accordance with the preceding paragraph separately. 39th article belongs to police organ duties range but not belongs to this units jurisdiction of case, has following case one of of, accepted case or found case of police organ and police should law first take necessary of forced measures or other disposal measures, again transferred has jurisdiction right of units processing: (a) illegal suspects is implementation against behavior of; (ii) illegal suspects is escape of; (three) has personnel casualties, need immediately take treatment measures of; (D) the offence suspects had been captured or found; (e) the State, collective or citizens ' interests are suffering significant harm, and (vi) 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. 40th report people reluctant to disclose their names and acts, the public security organ shall be registered in the case stated and its secrecy. 41st evidence provided by the public security organ to the informant about materials and articles should be registered, and safekeeping. Transfer case, relating to materials and articles of evidence should be handed over together. 42nd public security organs 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 the 43rd police 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. 44th article needs to call illegal suspects under investigation, police station or the approval of the head of the public security organ handling departments above the county level, 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. Reasons and basis for informed public security organ shall summon the summoned. Without good reason not to accept the summons or escape the summons of acts violating the Administration, as well as other violations of the legal provisions may be forced to call people, you can force the summons. Force when called, using handcuffs, rope and other binding apparatus of police according to law. 45th public security organ shall promptly call reasons and premises by phone, SMS, fax, telex, telegram summoned family members. Police summoned against suspects, their families present, shall call reason and instantly place verbally advised of their families, and to indicate in the interrogation. Summoned refused to provide family contact or there are other circumstances that cannot be notified, without notice, but shall indicate in the interrogation. Article 46th summoned card to call, and suspects were summoned after the end of the case and asked to verify, it should fill in the call card case and asked to check end time and sign it. Refuse to complete or sign, handling the people's police shall call indicated on the card. 47th article cited illegal suspects, the public security organs 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. 48th article listed for surrender or the masses of illegal suspects asked the public security organ shall immediately verify and recorded illegal interrogation suspect case through, time of arrival and departure times. Asked to verify time to apply the provisions of paragraph one of this article 47th. 49th article questioning the suspected illegal verdict, victim or other witness, should be carried out separately. 50th when first asking suspected illegal, should consult the law a suspect's name, date of birth, place of residence, address, identification type and number, if it has been subjected to criminal punishment or administrative detention, re-education through labour, host education, compulsory treatment, reeducation, and so on. If necessary, should also be asked of his family members, place of work, education 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. 51st when asked, shall inform the person being interrogated asked truthfully answer the obligation and the issue has nothing to do with this case have a right to refuse to answer. 52nd asking minors of under 16 years of age, it shall notify the presence of their parents or other guardians, their parents or other guardians cannot be present, it can inform their teachers arrived at the scene. Did not notice or notification is not present, should be indicated in the interrogation. 53rd asking blind and deaf, people who know sign language shall participate in 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 a translator, and in the interrogation of annotated translation of the name, address, place of work and contact details. 54th 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 people's police, the translator should sign the interrogation. When asked, in written records at the same time, audio and video on demand. 55th 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 information on the last page of a signature. Case after police receive written materials should be at Home right above specifying the date of receipt, and signature. When the 56th asking suspected illegal, should listen to illegal and suspect statements and to defend themselves. The law suspect statements and representations should be carefully verified. When the 57th asking suspected illegal, you need to use evidence suspected illegal violations, should prevent the leak investigation is secret. Article 58th asks a victim or other witness, you can go to their units, schools, shelters, or their places of residence (village) committees. If necessary, you can also notify the public security organ to provide testimony. 59th before asking a victim or other witness, should know the identity of the interrogated as well as being against people, illegal relationships between suspects and other witnesses. Handling police not to be violated or other witnesses leaked or expressed views on the case on the merits. Fourth inspection and examination 60th case of police for violations committed the crime scene and, if necessary, may conduct inquest, extract the evidence related to the case in a timely manner, determine the nature of the case, determine the direction and scope. Scene investigation reference to the relevant provisions of the crime scene investigation. 61st public security organ for violations related to the places, objects, people can check. Checking, policemen shall be not less than two, shall produce certificates 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. Public security organs and people's police authority, organizations, enterprises, institutions or public places for day-to-day supervision and inspection, in accordance with relevant laws, regulations and rules implementation prescribed in the preceding paragraph shall not apply. Check residence of citizens must be in possession of certificates issued by the public security organs above the county level. However, there is evidence of mass alert citizens residence or is a danger to public safety or the physical safety of citizens (the thing), or illegal storage of hazardous substances, do not immediately check might have on public safety or cause significant harm to personal and property security of citizens, the police present a working document, you can check now. When the 62nd inspections of suspected illegal, should respect the personality 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. 63rd when checking sites or objects, should be taken to avoid causing unnecessary damage to check items. When checking the site, there should be a check or other witnesses. 64th 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, the 65th test in order to detect cases, the need for administrative cases have specialized accreditation of technical issues in dispute, the public security organ shall assign or recruit personnel with expertise. 66th 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, but may not suggest or forcing experts to make some kind of expert opinion. 67th on the identification of mental illness, hospital, designated by the provincial public security organs of Ankang hospital or other qualifications of a psychiatric hospital. 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 agencies identify the degree of bodily harm. 68th 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, (ii) a victim requests for expert testimony, and (iii) illegal damage suspect or a victim of controversial and (iv) other circumstances that warrant the expert testimony. 69th to require expert testimony in the case, 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 any justified reason, the time limit without expert testimony, a rejection of identification. 70th article in connection with the goods value is unknown or cannot be ascertained, the public security organ shall entrust the appraisal agency valuation price. 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 organs can be diagnosed without price. 71st 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 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. 72nd public security organs shall be notified promptly of any expert opinion offence suspects and against people. Illegal suspect or a victim of objection to expert opinion, 3rd in the recertification application, after approval by public security organs, a new expert. Only be identified once again. Whether or not a party applying for recertification, without affecting the normal case. Public security organ deems it necessary, it can also be decided for recertification. 73rd article identification has following case one of of, police organ should for again identification: (a) identification program illegal, may effect identification views correctness of; (ii) identification people not has identification by needed specifically knowledge of; (three) identification views obviously according to insufficient of; (four) experts deliberately for false identification of; (five) identification people should avoided and no avoided of; (six) other should again identification of case. 74th recertification, the public security organ shall be assigned or invited experts. 75th on people suspected of drug use, the public security organs to human drug testing. 76th on a motor vehicle suspected of drunk driving, and public security traffic police can alcohol testing. 77th primary identification, detection costs are borne by the public security organs. Recertification fee shall be borne by the applicant, but this article 73rd, the identification of the first to the fifth one of or any other offence except for identification. Sixth section to identify article 78th in order to identify cases, 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. 79th identified should be carried out under the auspices of the police for handling. Before the organization identified, should be asked to identify people in detail to identify the specific features of the object, but should avoid identifying people identify objects. 80th more than identifying people to read the same identifying objects, respectively. 81st to identify, identify objects should be mingled with 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. 82nd article on illegal identification of suspects, identify people who are unwilling to reveal identity, can be carried out without exposure to identify people, handling the people's police shall keep the secret. 83rd identified and results should be made to identify records, by handling police and recognize your signature, or NA fingerprints. 84th case of seventh section sample evidence police collected evidence, 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. 85th sampling to obtain evidence, should have been sampling the holder of goods or witnesses and issuing sampling list of forensic evidence. 86th sampling list of forensic evidence by the handling police and sampled the holder of goods or witness signatures. Sample holder refuses to sign, handling the people's police shall be indicated in the sample list of forensic evidence. Sample list of forensic evidence by the handling police and sample holder holds one of the items. 87th public security organs to test samples should be taken in time. Upon examination, can be used as evidence, it shall take prompt measures to preserve evidence. Not part of the evidence and shall promptly return the samples, sample derogation and should be compensated. Eighth section evidence conservation 88th public security organs in handling administrative cases, the need for case-related items as evidence, can be seized. For items not relevant to the case, may not be seized. Items already, identified as irrelevant to the case should be immediately detained. A victim or third person of lawful possession of property, may not be seized, 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. When the 89th police seized items, the holder shall, together with the seized goods carefully checked, spot list of seized items in duplicate, clearly state the reason for seizure, seized items name, specification, quantity, characteristics, by handling police and seized goods after the signature of the holder, one to be the holder of the seized items, a volume. Witnesses should also be signed by a witness. 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. 90th police seized items shall, within 12 hours of the seizure belongs to the public security organs in handling cases departments or police stations responsible report; heads of departments or police stations do not think handling public security organs seized should be immediately detained. 91st items section, shall take good care of, not to misappropriate, replacement or damage. Prone to decay and other difficult to keep items, approved by the head of the public security organs, taking pictures or videos of sale or auction, sell or auction price to be saved, according to relevant regulation after the pending processing. 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. 92nd Detention period is 30th, the case is significant and complex, and approved by the head of the public security organ may extend 30th; except as otherwise provided by laws and regulations. Fails to make a decision, the public security organs seized goods should be returned to the party. Items needed for identification, detection, testing, identification, testing and inspection during the period are not included in the seizure, it shall inform the parties will identify, test and inspection time. 93rd when changing jurisdiction of administrative cases, in connection with the case of the property and its fruits should be the case. Upon the transfer, carefully checked by the recipient, the transfer of people, and co-signed on the transfer document. 94th in the case of evidence may be destroyed or lost or difficult to obtain later, approved by the head of the public security organs may initially register. 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 at the Advanced registration and preservation of the evidence, and shall, together with the evidence or witness evidence to register the name, quantity and characteristics of the issue list of advance registration and preservation of evidence. If necessary, registration and preservation of evidence should be photographed. List by advance registration and preservation of evidence handling police and holders of evidence or witness signatures. Evidence holder refuses to sign, handling the people's police shall be indicated in the list of advanced registration and preservation of evidence. List of advance registration and preservation of evidence in two original copies, one volume, and hand a copy to the parties. During the 96th advanced registration and preservation of evidence evidence holder and other persons shall not be destroyed or transferred. Eighth chapter hearing procedures section I General provisions article 97th public security authorities 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 production, (ii) revocation of permit or license and (iii) a larger amount of fine; (d) the laws, rules and regulations stipulates a suspect may request the hearing of other circumstances. 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 border immigration 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. 98th Legislative Affairs Department by public security organs of hearing organization. Public security organs organs shall make a decision of administrative penalty in their own name, not the investigation of the case by the agency personnel hearing. 99th public security organs shall not be aggravating because of suspected illegal hearing request. 100th 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 the 101th 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. The hearing officer designated by the head of the public security organs. Investigators shall not hold the hearing in the present case, a hearing or a recorder. 102th article hearing host in hearing activities in the exercise following terms: (a) determine held hearing of time, and locations; (ii) decided hearing whether public held; (three) requirements hearing participate in people scene participate in hearing, provides or added evidence; (four) decided hearing of extension, and suspended or terminated; (five) presided over hearing, and on case of facts, and reason, and evidence, and program, and applies legal, organization quality card and debate; (six) maintained hearing order, on violation hearing discipline of behavior be stop; (VII) avoidance decided other hearings clerk, records clerk, (VIII) shall have other powers. 103th participants in the hearing included: (a) the party and its agent, (ii) handling the people's police in the present case, (iii) a witness, expert, translator, (iv) other relevant staff. 104th in hearings, the Parties shall enjoy the following rights: (a) the application for withdrawal, (b) entrust one or two agents to participate in the hearing, (iii) statements, representations and cross-examine; (iv) checking, correction hearing; (v) shall enjoy the other rights. 105th 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. 106th hearing participants should arrive at the designated location at the hearing, comply with the hearing disciplines, honest hearing officer asks. Section III hearing informed, application and acceptance to 107th for hearing procedures in administrative cases, handling units after the punishment, it shall notify the intended offence suspects administrative punishment and have the right to request hearings. 108th offence suspects to request a hearing, shall apply within the 3rd after police informed. 109th 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. 110th 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. 111th 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 section 112th hearing shall be held in the public security organs of hearing from the date of receiving the application for hearing held in the 10th. Besides involving State secrets, business secrets and personal privacy in administrative cases, the hearing be held in public. 113th hearing fails to attend the hearing of the applicant can apply for the extension, whether to approve by the hearing officer decisions. 114th respectively on the same article two or more illegal suspects request hearing administrative cases can be combined. 115th in the same administrative cases have more than two suspected illegal, some of which are suspected illegal application for hearing, and shall be after hearing decision. 116th at the start 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. 117th after the hearing began, first put forward by handling a police hearing applicants against the facts, evidence and legal basis and administrative penalties. When 118th case police submit evidence shall be produced to the hearing. Witness testimony, expert opinion as evidence, transcripts, and other instruments should be read out on the spot. 119th 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. 120th in the course of the hearing, the party and its agents have the right to request notification of 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. 121th hearing the applicant and the third party, and cases of police should focus on the facts of the case, evidence, procedures and applicable laws and penalties to debate issues such as the types and range. 122th debate after the hearing officer shall hear hearing the applicant and the third party, handling a final statement police. 123th during 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, (ii) because the Parties applying for withdrawal, leading to hearing cannot continue and (iii) other suspension hearing. Suspended the hearing after the Elimination of, the hearing officer shall promptly restore hearing. 124th article hearing process in the, met has following case one of, should terminated hearing: (a) hearing applicants withdrawn hearing application of; (ii) hearing applicants and agent people no due reason refused to attended or without hearing host license midway exit hearing of; (three) hearing applicants death or as hearing applicants of corporate or other organization was revoked, and dissolved of; (four) hearing process in the, hearing applicants or its agent disrupt hearing order, not listening to discourage, led hearing cannot normal for of; (E) hearing of others needs to be terminated. 125th 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. 126th records the particulars of the hearing officer shall hold a hearing transcript. Hearing record should contains Ming following content: (a) case; (ii) held hearing of time, and locations and way; (three) hearing personnel of name, and positions; (four) hearing participate in people of name, and units or address; (five) case police statement of facts, and evidence and legal according to and administrative punishment views; (six) hearing applicants or its agent of statement and defence; (seven) third people statement of facts and reason; (eight) case police, and hearing applicants or its agent, and third hostage card, and Debate content; (IX) witness statements of fact; (j) hearing the applicant and the third party, handling the final statement of police and (11) other matters. 127th 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. Refused to sign, and NA fingerprints from records written in the hearing record. After hearing review, the hearing record, signed by the presiding hearer, hearing officers and reporters. 128th section 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. 129th hearing report shall include the following information: (a) the Court; (b) the hearing officer and the basic situation of participants in the hearing, and (iii) the time and place of the hearing and (iv) the basic situation of hearing; (e) the facts of the case and (vi) deal with comments and suggestions. 130th head of the public security organs shall, in accordance with the hearing, Nineth chapter in accordance with the provisions of decision. Nineth chapter of administrative penalties apply administrative punishments in section I decided to apply article 131th acts violating the Administration 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, continuous or continuing status for offences, 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. 132th when public security authorities impose administrative penalties, and shall order the violator to correct or rectify violations. 133th on the law-the same offence shall not be given more than two penalties administrative penalties. 134th persons under the age of 14 are in violation of, no administrative penalty, but shall order the guardian to strict discipline. Persons younger than 18 years of age is 14 years of age are in violation of, a lighter or mitigated administrative penalty. 135th 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. 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. 136th article violations people has following case one of of, should lighter, and reduce punishment or not punishment: (a) active elimination or reduce violations against consequences, and made was against people understanding of; (ii) by others stress or lured of; (three) has meritorious service performance of; (four) active surrendered, to police organ truthfully statement himself of violations of; (five) other law should lighter, and reduce or not administrative punishment of. Offence minor and correct, causes no harmful consequences, no administrative penalties. 137th article violations people has following case one of of, should from heavy punishment: (a) has more serious consequences of; (ii) abetting, and stress, and lured others implementation violations of; (three) on reported people, and charged people, and whistleblower, and witnesses, retaliates against of; (four) six months within had trained security management punishment or one years within for similar violations by two times above police administrative punishment of; (five) criminal punishment implementation finished, and reeducation-through-labor lifted or by security management punishment Hou six months within, Or during the probation period, violating the administration of public security. 138th 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. 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. 140th article violations people has following case one of of, law should give administrative detention punishment of, should made punishment decided, but not served detention implementation: (a) has full 14 age discontent 16 age of; (ii) has full 16 age discontent 18 age, initial violation security management or other police administration of; (three) 70 age above of; (four) pregnant women or is nursing himself discontent one age baby of women. 141th decision of administrative penalty in section II term of the public security organ handling cases of public security, 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. Other administrative cases, there are statutory time limits for handling, in accordance with the statutory time limit for processing. Identification in order to identify the merits and test period, are not included in the term of handling. 142th in the public security organs in handling administrative cases need to identify illegal; illegal facts are not clear, shall not make a decision on administrative penalty. Suspected illegal does not tell his true name, address, and his identity is unknown, but as long as the illegal facts are clear, the evidence fully, true to its name, attached photo has made the decision, and indicated in the relevant legal instruments. 143th before police made the 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. 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. Facts, reasons and evidence against the suspected illegal, the public security organs should be reviewed. Public security organs shall not be aggravating offence suspects to defend themselves. 146th article on administrative case for audit, and approval Shi, should review following content: (a) illegal suspects of basic situation; (ii) case facts whether clear, evidence whether does full; (three) case qualitative whether accurate; (four) applies legal, and regulations and regulations whether right; (five) case program whether legal; (six) intends made of processing decided whether appropriate. 147th article police organ according to administrative case of different situation respectively made following processing decided: (a) does have violations, should give administrative punishment of, according to its plot and against consequences of weight, made administrative punishment decided; (ii) does have violations, but has law not administrative punishment case of, made not administrative punishment decided; has illegal proceeds and illegal property of, should be recovered or collection; (three) illegal facts cannot established of, made not punishment decided; (D) to require mandatory drug treatment, reeducation, take a decision in accordance with law; (e) to comply with the conditions of re-education through labor, reeducation-through-labor reported according to law; (f) 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 volume; (VII) found the law-other illegal acts, administrative penalties or other administrative punishment decision in law at the same time, notify the relevant competent administrative departments. Security cases are against people, the public security organ shall decide to serve a copy of the book was a person. Could not be delivered, shall be indicated. 148th 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. 149th in making administrative punishment decision, the public security organs, shall inform the person penalized for administrative reconsideration, administrative proceedings and other remedies. 150th public security organs to make administrative punishment, punishment shall promptly notify the person penalized and place of families. Families of the penalized person refuses to provide contact or other notification, the public security organ may without notice, it should be indicated in the decision. 151th public security organs dealing with criminal cases, are not serious enough for criminal punishment, according to law shall be given administrative punishment or other administrative punishment, in accordance with the provisions of this chapter shall make a decision. Evidence obtained in the handling of criminal cases, as the basis for administrative penalties or other administrative punishment. Tenth chapter security mediation 152th article for for civil disputes caused of beat others, and deliberately hurt, and insult, and defamation, and falsely accused framed, and deliberately damaged property, and interference others normal life, and violations privacy, plot more light of security case, has following case one of of, police organ can mediation processing: (a) relatives, and neighborhood, and colleagues, and in school students Zhijian for trivia occurred disputes caused of; (ii) behavior people of against behavior Department by was against personnel Qian of fault behavior caused of; (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. 153th under any of the following circumstances, mediation shall not apply: (a) hired harm to others, and (b) of gang-fighting or others to cause trouble; (c) the multiple Commission of acts violating the Administration; (d) the party indicated its willingness to mediate, and (v) other appropriate mediation process. 154th Mediation of public security organs in handling cases, should first establish the facts, collecting evidence, and follow the principle of lawful, fair, voluntary and timely, focused on education and counseling, and resolving conflicts. 155th parties are under the age of 16 minors, the mediation should be notified when their parents or other guardians arrived at the scene. 156th of neighborhood 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. 157th mediation for a time and, if necessary, can be increased once. 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. Conciliation agreement shall include the parties, mediators, the circumstances of the case, Protocol, content, duration and method of performance and so on. 158th conciliation agreement and fulfilled, the public security organs no longer punishment. Mediation no agreement or agreement is not fulfilled, to acts violating the administration of public security organs people shall be punished in accordance with law; disputes over compensation for damage caused by illegal, to 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. 11th chapter property in connection with the 159th in making administrative punishment decision, the public security organs, the property involved should be dealt with together. 160th article police organ in handle administrative case in the seized of following items should law be collection: (a) drug, and obscene materials, contraband; (ii) gambling and gambling; (three) smoking, and injection drug of apparatus; (four) forged, and variable made of documents, and documents, and proved file, and ticket, and seal,; (five) reselling of has price ticket; (six) directly for implementation violations of I all of tool; (seven) other legal, and regulations provides can collection of illegal property. 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. Illegally obtained property 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. 161th collection decided by public security organs above the county level. However, contraband, drug ingestion or injection equipment 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, the recovery of illegally obtained property should return the victim, police stations can be recovered. 162th article police organ on collection and recovered of property, by original decided organ head approved, according to following provides respectively processing: (a) belongs to was against people or goodwill third people of legal property, should timely returned; (ii) no was against people of, registration register, according to provides surrendered Treasury or law sold or auction Hou, will proceeds payments surrendered Treasury; (three) contraband, and no value of items, or value minor, cannot sold or auction of items, unified registration register Hou be destroyed; (Iv) dangerous goods that cannot be sold or auctioned, and public security departments above the county level shall make factories destroyed or recycled. Article 163th property should be returned to their original owners, notice to its owner within six months in order to claim; origin uncertain, should take notice to inform their owners claimed. Within six months of the notification to their original owners or public notice, 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. 12th Chapter Executive 164th public security organs according to law after the decision on administrative penalty, punishment shall comply within the time limit of the decision on administrative penalty. Punishment fails to perform the administrative punishment decision, 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, (ii) do not take the first measure, 3% Add a fine in amount of the daily penalty; (c) the law does not provide for enforcement by public security organs, the people's Court for enforcement. 165th person penalized refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit, the administrative penalty does not stop the execution, except as otherwise provided by law. 166th 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. Has following case one of of, police organ and case police can spot collection fine, legal another has provides of, from its provides: (a) on violation security management behavior people at 50 Yuan following fine and on violation traffic management of pedestrian, and ride people and non-motor vehicle driving people at fine, was punishment people no objections of; (ii) on violation security management, and traffic management yiwai of violations people spot at 20 Yuan following fine of; (three) in remote, and water Shang, and traffic inconvenience area and passenger train Shang, 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. On the first and third conditions of the preceding paragraph, cases police should ask the person penalized signature confirmation. 167th of handling 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. 168th article case 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. 169th person penalized genuine financial difficulty, have applications for the person penalized and given administrative punishment decision of public security organs for approval, can be suspended or made in installments. 170th revocation of permit or license penalties to the public security organ 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. 171th against decisions of the public security organs, you can take in the business place notices shall be published by way of, shall be ordered to be banned immediately stop illegal business activities; illegal proceeds, according to law shall be confiscated or recovered. Refuses to stop illegal 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. 172th on the refusal to implement the order to suspend decisions of the organs of public security, public security authorities may apply to a people's Court for compulsory execution. 173th 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. 174th person penalized appeal 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. 175th 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 should be made the decision to suspend the application of administrative detention; consider it appropriate to stay the execution, it shall notify the applicant. 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. 176th under any of the following circumstances, should not be suspended under administrative detention: (a) the person penalized after the stay of execution of administrative detention may escape; (b) the person penalized and other criminal suspects, is under investigation or investigation; (c) the public security organ considers it inappropriate to suspend the other cases of administrative detention. 177th in the suspended period of administrative detention, punishment shall comply with the following provisions: (a) not to interfere in administrative reconsideration and administrative litigation witness, forge or falsify evidence, (ii) 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. 178th guarantor shall comply with the following conditions: (a) not involved with this case, (ii) be entitled to political rights and not subjected to restriction or deprivation of personal freedom, and (iii) local permanent residence and domicile and (d) performance of the secured obligation. 179th public security organ after a review concluded that the guarantor eligible, issued by a surety bond, and will be the guarantor of public security organs to recover. 180th Sponsor shall perform the following obligations: (a) the guarantees provided by the guarantor of compliance with the provisions of article 177th; (b) found the sponsor or forging evidence or collude with others to escape, to report to the public security organs in a timely manner. Guarantors are 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. Guarantors had fulfilled its obligation, 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 lighter or no punishment. 181th guarantor during the suspended administrative detention, unwilling to continue the loss of security or collateral requirements, shall order the person penalized reintroduced a surety or deposit. Without the guarantor does not deposit, and resume the execution of administrative detention. 182th 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. 183th administrative detention and fined, fines could suspend the application of administrative detention without a stay of execution. 184th 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, resume the execution of administrative detention. 185th person penalized for public security organs seized margin is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 186th 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. The 13th chapter of foreign-related administrative cases processing 187th in foreign-related administrative cases, safeguarding national sovereignty and interests, adhere to the principle of equality and the principle of reciprocity. 188th 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. 189th 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. Foreigners who enjoy diplomatic privileges and immunities, shall not adopt mandatory measures to seal up, distrain and restriction of personal freedom. 190th foreign-related administrative cases with the public security authority, the use of 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 knowing Chinese language without the need for translation of others, it shall issue a written statement. By the public security organ, a foreign party can employ your own translation, translation fees borne by the individual. 191th foreigners for illegal entry, illegal residence, detention or surveillance measures under law or in their illegal entry, illegal residence after treatment, immediate deportation. The detention should be reviewed, but who is pregnant or nursing their own infants under one year of age for foreign women, suffering from serious diseases, and other inappropriate detention of foreigners, you can monitor the live. Following a review, there are other criminal suspects, transferred to the relevant authority; no other criminal suspects, in their acts of illegal entry, illegal residence after treatment, deportation. 192th detention of foreigners under residential surveillance or deportation decided by public security organs above the county level. But the county-level public security organs before decision is made, shall be submitted to the public security organs at a higher level for approval. 193th foreigners detention review time may not exceed one month; case is significant and complex, approved by the public security organs at a higher level, and can be extended by one month. Surveillance of foreigners, may not exceed three months; major, complex on the merits, approved by the public security organs at a higher level, and can be extended up to six months. Cannot be immediately deported, release cannot be guaranteed safe, approved by the provincial-level public security authorities, detention and surveillance can be extended to a nationality has identified and deported. 194th shorten the stay of foreigners in China the term disqualified to residence in China or from (City)-level public security organ. 195th deportation against foreigners or be ordered to leave, decided by the Ministry of public security. Below the provincial level public security organs to undertake administrative cases need deportation against foreigners or be ordered to leave, reported by the provincial-level public security organ after the Ministry of public security decided, announced by the host authorities and the Executive, and informed the people's Government at the Department of Foreign Affairs. Imposing fines or administrative detention of foreigners needed and deportation, ordered out of the country, its fine or administrative detention up to the host authority and Executive, deported or ordered to leave under the provisions of the preceding two paragraphs of this article. 196th to 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. 197th is decided to be ordered to leave, shortening the duration of stay or canceling the residence of foreigners, is not within the specified period of voluntary departure, deported by public security organs. 198th in foreign-related administrative cases with the public security authority shall, in accordance with State regulations on handling foreign-related cases, strict implementation of reports, internal communication, external notification system. 199th article on foreigners made administrative detention, and detention review, and monitored live or other limit liberty of decided Hou, decided or approved 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 may not notice, but it should be its own written request. Article No. 200 aliens in administrative detention, detention reviews residential surveillance 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. 201 aliens in administrative detention, detention for investigation, surveillance or other restriction of personal liberty during 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. 202 in foreign-related administrative cases not specified in this chapter, apply relevant provisions in the other chapters. 14th chapter No. 203, administrative cases with the end of the case of the following circumstances shall be completed: (a) the decision taken shall not be penalized, (ii) agreement on the cases subject to the conciliation procedure and has performed and (iii) administrative punishment, such as decisions are made and implemented, (iv) an unlawful act constitutes a crime, criminal cases to handle. Article No. 204 investigation discovered administrative cases one of the following circumstances, police stations or head above the county-level public security organ handling Department approval, to terminate the investigation: (a) is not illegal, (ii) limitation of offences have been held accountable, and (iii) death of suspected illegal and (iv) other needs the investigation of cases. When the public security organ to terminate the investigation, and suspects of compulsory administrative measures have been taken, shall be terminated immediately. No. 205 in handling administrative cases by public security organs form the instrument material, 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. 206 administrative case files should include the following elements: (a) records of case registration forms or any other found cases; (b) evidentiary materials; (c) the decision instrument and (iv) form in the cases of other legal instruments. Article No. 207 administrative cases legal instruments and qualitative basis materials should be complete, may not be damaged or forged. 15th chapter by-laws No. 208 implementation of the legal instruments required under the model, developed 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. 209 of these provisions, the term "upper" and "lower" or "within" include the number or level. Article No. 210 in accordance with the law, rules and regulations authorized an independent enforcement body of business units of public security organs, in the application of these provisions in administrative cases, in their own name. Not authorized by the laws, rules and regulations business units of public security organs, are not allowed to make a decision in their own name. No. 211 of these provisions come into force on the date of promulgation, released August 26, 2003, the public security organs in handling administrative cases by 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.

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