@S handling administrative cases by public security organs provided s@ (August 26, 2003, the Ministry of public security announced, 68th) contents chapter I General provisions chapter II chapter III jurisdiction to avoid fifth and served during the sixth chapter of the fourth chapter evidence summary chapter seventh survey general provisions section I section II section III section and ask the fourth investigation of interrogation, examination identified the fifth section, check Sixth section measuring sampling evidence section seventh eighth chapter of advance registration and preservation of evidence and seize evidence hearing procedures section I General provisions section II hearing officer and informed participants in the hearing section III hearing, application and held inadmissible the fourth hearing of the 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 conciliation the 11th chapter property in connection with processing The 12th Chapter Executive 13th chapter in foreign-related administrative cases handled cases of the 14th chapter ends the 15th chapter by-laws chapter I General provisions article 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 on administrative punishment law and other relevant laws, administrative regulations, this provision is enacted. Provisions of this article apply to the public security authorities and its business, in accordance with the law, 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. Fourth administrative cases with the public security authority should follow lawful, fair, open and timely principle, safeguarding the legitimate rights and interests of citizens, legal persons and other organizations. 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. The sixth public security organ handling administrative cases of minors under the age of 18 years old, it should be under the physical and mental characteristics of minors and safeguard their legitimate rights and interests. The seventh public security organs in handling administrative cases, in areas inhabited by minorities or ethnic groups, interrogation and asked the local language should be used. The party is not familiar with the local language, translation should be provided for them. Eighth in the staff of the public security organs in handling dereliction, 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. If violations found more appropriate police jurisdiction, jurisdiction of the violations found in the public security organs. Tenth public security organs have jurisdiction over administrative cases accepted by the initial jurisdiction of the public security organs. 11th dispute arises over jurisdiction, submit to the common public security organs at a higher level for designation of jurisdiction. 12th a superior public security organ when necessary, you can investigate and punish lower-level public security organs jurisdiction of administrative cases. Lower-level public security organ considers the case significant, complex, need to be investigated by a superior public security organ, and can be transferred to the public security organs investigated and dealt with at a higher level; superior public security organ to the lower-level public security organ for which a case, shall make a decision within 24 hours, and inform its handling procedures for the transfer or continue. 13th law an independent subject of law enforcement of public security frontier defense, fire, traffic management and other business sectors and border checkpoints, the jurisdiction of administrative cases, in accordance with the regulations, laws, administrative regulations and Department rules except as otherwise provided. 14th railway public security organs in charge of the train, railway station area, railway construction site, organs, plants, railway systems and the 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 on the system of public security organs in charge of the port and shipping vessels, ports, docks and organs within the work area, plants or cases, teams and other units. Public security organs in charge of civil aviation air traffic management agency work in the management of airport and civil aviation system organs, factory, team flat and cases that occurred on the plane. State-owned forest areas forest public security organs in charge of cases occurring within the forest area. 15th public security organs to cases do not fall under its jurisdiction, should be approved by the head of this body in 24 hours, and transferred to the authority having jurisdiction. Public security organs do not fall under its jurisdiction and enforcement measures must be taken, you should take the necessary coercive measures in accordance with law, and then transfer the relevant case procedures. Third chapter avoided 16th article police organ head, and case personnel has following case one of of, should avoided, party and statutory agent right to requirements they avoided: (a) is this case of party or party of near relatives; (ii) I or its near relatives and this case has interest relationship; (three) is this case of witnesses or identification people; (four) and this case party has other relationship, may effect case just processing. 17th investigators avoided, decided by the level head of the public security organ; withdrawal of the head of the public security organs, determined by the head of the public security organs at a higher level. 18th heads of public security organs, people applying for withdrawal shall state the reasons. 19th the parties and their legal representatives asked the Public Security Bureau, investigators avoided, should apply, and explain the reasons. Oral request, the public security organ shall be recorded. 20th withdrawal application against the parties and their legal representatives, the public security organ shall make a decision and notify the applicant in the 2nd. The 21st head of the public security organs, one of the investigators should avoid situations, 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. 22nd article in the course of administrative investigations, expert witnesses and interpreters need to be avoided, the provisions of this chapter shall apply. 23rd article in the public security organs before a decision is made, investigators did not stop the investigation of administrative cases. 24th was decided to shy away from the Public Security Bureau, investigators, expert witnesses and interpreters, and 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. 25th fourth chapter evidence evidence of public security organs in handling administrative cases are: (a) the documentary evidence and (ii) evidence, (iii) audio-visual materials, electronic data, (iv) the testimony of a witness (v) victim statements; (vi) illegal and suspect statements and representations (VII) identification, examination conclusion; (h) the inspection and examination. Evidence must be verified, as the basis for a final decision. 26th the 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, deceit or other unlawful means to collect evidence. Evidence obtained by unlawful means cannot be used as a basis for ascertaining. 27th public security organs collect or obtain evidence from relevant units and individuals shall inform it must provide truthful evidence. 28th 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. 29th involving evidence of State secrets, business secrets and personal privacy, the public security organ shall be kept confidential. During the fifth chapter and served during the 30th time, day, month, 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. 31st a public security organ service of legal documents, shall comply with the following provisions: (a) investigators in accordance with the summary procedure on the spot decision, decided to book the spot should be the person penalized and punished people sign the decision record. Was punishment people refused to signature of, by case personnel in decided book record joint 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 decided book attached volume joint Shang signature; was processing people refused to signature of, by case personnel in decided book attached volume joint Shang indicate; was processing people not presence of, police organ should in 7th within will decided book served was processing people. Service of legal documents will be the first direct service, to the addressee himself; if I were not can be left to the adult members of their families or the units in charge of the collection. Recipient of the service or the receiver refuses to accept or refuse to sign or seal, the person can invite his neighbours or other witnesses present, explain the situation, leave the instrument in person, refused written reasons on the delivery receipt, delivery date, signed by the person and witnesses, 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 to know, not less than 60 days notice period. Sixth chapter summary 32nd illegal facts are clear and there is a statutory basis, 50 Yuan for individuals, and fined 1000 Yuan or given a warning for unit administrative penalties administrative penalty made on the spot by the investigators decided. Of prostitution, prostitution and enticement, procuring, receiving prostitution, prostitution and foreign acts violating the Administration, did not apply on the spot penalties. 33rd on the spot penalties should be implemented in accordance with the following procedures: (a) indicate to the law-enforcement capacity, verbally advised of its intention to impose administrative penalty of the facts, grounds, and basis and shall enjoy the rights, (ii) for violations and defend the person should be fully heard. People facts, reasons, or evidence of an offence is established, shall be adopted, and (iii) complete the penalty decision and delivery person penalized; (d) 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 34th for summary punishment, made the decision on administrative penalty can be used by investigators. Investigators of the decision on administrative penalty made on the spot, should be on the 2nd report belongs to the public security organ for the record. The seventh investigation section I General provisions article 35th when the public security organs to investigate administrative cases, should be comprehensive, timely and lawfully collect or obtain relevant evidence, and be subject to review and verification. 36th 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 processing of case; (six) and case about of other facts. 37th in investigations, the public security organs, investigators shall be not less than two, and should provide investigators indicate that law enforcement capacity. 38th suspected illegal in his drunken state, danger to himself or a threat to the safety of others, the public security organs should be bound by it, or you can directly notify 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 monitoring, once drunk man sober up, immediately binding. 39th record and complete legal instrument should be written using the pen or the ink pen and keep writing, you cannot use a ballpoint pen or pencil. 40th of section II the public security organs of units and individuals reported or suspected illegal surrender should be accepted, and register for future reference. Not under police jurisdiction over a case as inadmissible, but should inform the police or violation suspects reported to the authority that has jurisdiction or surrender. 41st report people reluctant to disclose their names and acts, the public security organ shall keep secret for him. 42nd evidence provided by the public security organ to the informant about materials and articles should be registered, and safekeeping. 43rd public security organ for receiving illegal administrative cases or find clues that any fact necessary administrative responsibilities, and fall under its jurisdiction, should be investigated. No illegal, or illegal and a minor, does not need the administrative liability of those or other accountable administrative responsibility in accordance with law, approved by the head of the sector of handling over unsolved; among them, the victim reported, no written decision shall be made, served in the 3rd person; could not be delivered, shall be indicated. 44th cases of administrative punishment on the spot, in accordance with the provisions of the sixth chapter regulations. Section III and asked 45th illegal police interrogation interrogation of suspects, suspected illegal dwellings or units. Need to call, approved by the head of the public security organs handling components above, law suspects can also be summoned to their home cities and counties within the designated area. 46th article called illegal suspects, should indicate that law enforcement capacity, and show called licence. Found on the spot suspected illegal oral called. Call after arrival should be summoned immediately for a replacement card. To violate the administration of public security offence suspects, without a legitimate reason not to accept the summons or escape the call of, you can force the summons. When forced to call, you can use the handcuffs, rope and other binding apparatus of police. 47th offence suspects after being summoned to case and after the interrogation ended, it should fill in the call card case and interrogation and the end time and sign it. Refusing to fill out, investigators should subpoena indicated on the card. 48th offence suspects were summoned after the case, the public security organ shall immediately interrogation. The public security organs shall not exceed 12 hours of interrogation, but in complex cases, violations punished in accordance with laws applicable to administrative detention, approved by the head of the public security organs handling components above, may be extended to 24 hours of interrogation. Does not continuously call disguised in the form of illegal detention of suspects. Non-compulsory summons, shall not restrict personal freedom for questioning. 49th illegal interrogation of suspects must be conducted by the investigators. Meanwhile suspected illegal interrogation should be individualized. 50th questioned, should consult the offence the suspect's name, date of birth, domicile, current address, social security number, place of work, education and so on. If necessary, should also consult the members of the family, has been subjected to criminal punishment or administrative punishment as well as rehabilitation, reeducation, mandatory drug treatment, reeducation, and so on. Suspected illegal aliens, questions should also be asked their nationality, immigration documents type and number, type of visa, immigration, immigration and other relevant circumstances. When necessary, people should also ask this in relations with China, and so on. 51st interrogation against suspects, told the investigators ' questions truthfully answer the obligation and the issue has nothing to do with this case have a right to refuse to answer. 52nd interrogation of minors against suspects, it shall notify their guardians or teachers present. Did not notice or notification is not present, it should be recorded. Underage illegal interrogation of suspects can be carried out in the public security organs, can also go to their homes, school, company, or other appropriate location. 53rd deaf-mutes illegal interrogation of suspects should be familiar with deaf and dumb signs people and note the deaf or mute, where the alleged illegal interrogation and translation of name, address, place of work and career. 54th interrogation shall be delivered to the suspected illegal check or read to them. As the record is incorrect or missing, and suspected illegal should be allowed to correct or supplement, and before entering a fingerprint. After the interrogation of suspected illegal check should be determined by its signature page by page, or before entering a fingerprint on the interrogation. Refuses to sign or NA fingerprints, investigators should indicate on the interrogation. Items listed on the interrogation shall be complete filled in as prescribed. Investigators, translators should sign the interrogation. Illegal interrogation of suspects, in written records at the same time, audio and video on demand. 55th suspected illegal request written statements of their own, should be permitted. If necessary, investigators may also ask suspected illegal written statement on their own. Suspected illegal should be stated on the last page of signatures or NA fingerprints. Investigators after receiving the written statement should be at Home right above specifying the date of receipt, and signature. 56th questioned, should listen to illegal and suspect statements and to defend themselves. The law suspect statements and representations should be carefully verified. 57th in interrogation, requires evidence of offences where the alleged offence, should prevent the leak investigation is secret. Article 58th witnesses, victims, witnesses, victims unit or apartment. If necessary, can also notify the witness providing testimony, victims to the public security organ or the specified locations. The 59th before asking, should be aware of the witness, the victim's identity and the relationship between witnesses, suspects and victims in conflict and told to provide truthful evidence. Investigators are not allowed to the witness, the victim leaked or expressed views on the case on the merits. 60th asking minors, witnesses, victims, to their home, school, or to other suitable locations. If necessary, can also be carried out in public security organs. You can notify their guardians or teachers present when asked. The 61st article this article 49th, 51st, 53rd, 54th, 55th, provisions also apply to witnesses, the victim. 62nd to ask witnesses, victims involved in privacy, confidentiality should be. Fourth section, inspection and examination for 63rd investigators 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. 64th inspection site, shall, in accordance with the inspection rules of the set photos, production of transcripts and field maps, video if necessary. When the on-site inspection of computer cases, care should be taken to protect your computer and related equipment and data, and copies of electronic information and data relevant to the case. Site inspection record shall be signed by the participants in the inquest, parties or witnesses. 65th in order to gather evidence of violations committed, investigators can by law against suspects and their carry-on items for inspection. 66th to check suspected illegal, should respect the personality of the person being checked, checks shall not be prejudicial to the dignity of the way. Suspected illegal examination should be conducted by two police with the inspected person of the same sex. Law on prostitution, prostitutes are STD checks, should be carried out by a doctor. 67th suspect in order to collect evidence and track down illegal violations, approved by the head of the public security organs above the county level, might be hiding suspects or evidence of the illegal sites can be checked. Inspection, required procedures, and law enforcement capacity. Due to the urgency of the situation, the unit it is necessary to immediately check, investigators can check law enforcement ID, after the check is complete, immediately for a replacement procedures. Examination, should be checked and their family members or other witnesses. 68th check should be made examination. Examination by investigators, the inspected person or witness signatures, who wasn't there by check or refuse to sign, investigators should be indicated on the examination. Fifth section identification, the 69th test in order to ascertain the merits, needs to specifically identify technical issues in the case, the public security organs should be assigned or invited to identify people or institutions with expertise. 70th 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 force the identification of experts and institutions to make some sort of conclusion. The medical evaluation of the 71st for the mentally ill should be specified by the provincial hospital. Identification of personal injuries should be carried out by the forensic medicine or hospitals above the county level. 72nd after an appraiser or an accreditation body identification, shall issue conclusions and signed or stamped with the seal of the accreditation body. 73rd public security organs should expertise make illegal copies of the suspect and one of the victims. Suspected illegal or disagrees with the conclusions of the victim, can apply for recertification, upon approval by the head of the public security organs above the county level, for recertification. Limited to one application for recertification. 74th recertification, the public security organ shall be assigned or invited expert or expert bodies. 75th identification of costs borne by the public security organs. Recertification, if identification changed, identification of costs borne by the public security organ; if the conclusion did not change, identification of costs borne by the recertification application. 76th on people suspected of drug use, the public security organs to human drug testing. 77th on a motor vehicle suspected of drunk driving and traffic police can alcohol testing. 78th sixth sample forensics investigators 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. 79th sampling to obtain evidence, should have been sampling the holder of goods or witnesses and issuing sampling list of forensic evidence. 80th sampling list of forensic evidence by investigators and sampling the holder of goods or witness signatures. Sample holder refuses to sign, investigators should be indicated on the sample list of forensic evidence. Sample list of forensic evidence from investigators and sample holder holds one of the items. 81st police to test the 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. Seventh day advanced registration and preservation of evidence and seize evidence 82nd investigators gathering evidence, that evidence may be destroyed or lost or difficult to obtain later cases, approved by the head of the public security organs handling components above, can save the evidence advanced registration. The Advanced registration and preservation of evidence, shall make a decision within the 7th. Fails to make a decision, deemed to be lifted automatically. 83rd 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 of advance registration and preservation of evidence by investigators and evidence holder signature. Holder refuses to sign the evidence, investigators should indicate on the list of advance registration and preservation of evidence. List of advance registration and preservation of evidence by investigators and holders hold a copy of the evidence. During the 84th antecedent register, evidence evidence holder and other persons shall not be destroyed or transferred. 85th found in investigations to prove the facts of the case and files for advance registration and preservation of evidence sufficient to prevent the parties destroy or transfer, approved by the head of the public security organs handling components above, can be seized. Has nothing to do with the case articles and documents, may not be seized. The seized articles and documents, identified as irrelevant to the case should be immediately detained. The victim control of legitimate articles and documents, shall not be detained, and antecedent register. 86th article on seized of items and file, should with was seized items, and file of holds people enumeration clear, spot listed seized listing a type II copies, stated was seized items or file of name, and specifications, and number, and features, by case personnel and was seized items, and file of holds people or witnesses signature Hou, a copies handed was seized items, and file of holds people, a copies attached volume reference. 87th section can be used as evidence of audio tapes, video tapes, electronic data storage media, at the time of seizure should be checked, specify the subject, object, and accepted and replicated, such as time, place, and safe keeping. 88th of seized articles and documents, the public security organ shall make a decision in the 15th. Fails to make a decision, the public security organ shall be refunded to the parties. Eighth chapter hearing program first section General provides 89th article police organ in made following administrative punishment decided zhiqian, should told illegal suspects has requirements held hearing of right: (a) ordered discontinued closed, and downtime (computer) reorganization, and stop construction,; (ii) revoked license or license; (three) larger amounts fine; (four) legal, and regulations and regulations provides illegal suspects can requirements held hearing of other administrative case. Referred to in the preceding paragraph to the "large amount of fine" refers to more than 2000 Yuan fines against individual violations of the border immigration control laws, rules and regulations imposed on the individual more than 6,000 yuan fine, the unit shall be punishable by more than 10,000 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. 90th Department of Legal Affairs by public security organs of hearing organization. Public security organs within the business unit shall make a decision of administrative penalty in their own name, non-investigation of the case by the Department's personnel hearing. 91st article public security organs shall not be illegal penalties hearing request suspect. 92nd hearing administrative cases should be facts, evidence, procedures, applicable law aspects of hearing the parties ' statements and representations. Section II hearing persons and hearing hearing hearing a name of the 93rd article, is responsible for organizing the hearing; reporters, responsible for producing a record of hearing. 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. 94th 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. 95th participants in the hearing included: (a) the parties and their agents; (b) the investigators in the case, and (iii) a witness, expert, translator, (iv) other relevant staff. 96th in hearings, the Parties shall enjoy the following rights: (A) the application for withdrawal, and (b) appoint 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. 97th 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. 98th 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 99th 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. 100th offence suspects to request a hearing, shall apply within the 3rd after police informed. 101th 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. 102th received public security organ after hearing the application shall decide whether or not to accept in the 2nd. Considers that the request does not meet the hearing where the alleged illegal conditions, decided 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. 103th public security organ after hearing admissibility, hearings will be held before the 7th of the hearing shall be held in the service of the notice of the hearing to the applicant, and the time and place of the hearing will be held to inform other participants in the hearing. 104th hearing should be held to a fourth hearing in the public security organs 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. 105th offence the suspect fails to attend the hearing, may apply for an extension, whether to approve by the hearing officer decisions. 106th more suspected illegal respectively on the same request hearing administrative cases can be combined. The 107th in the same administrative cases have more than two suspected illegal, some of which are suspected illegal application for hearing, shall be ruled after hearing. 108th 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. The 109th section after the start of the hearing, first made by the investigators suspected illegal against the facts, evidence and administrative penalties and legal basis. 110th when investigators presented evidence shall be produced to the hearing. Testimony of witnesses, conclusions as evidence, transcripts, and other instruments should be read out on the spot. 111th article of suspected illegal investigators made illegal 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. 112th in the course of the hearing, parties and their representatives have the right to apply for new witnesses to come to the meeting, collect new evidence. Of those applications, the hearing officer shall make a decision on whether to agree on the spot application for recertification, fifth section of the seventh chapter in accordance with the relevant regulations. 113th against suspect or a third person and investigators can focus on the facts of the case, evidence, procedures and applicable laws and penalties to debate issues such as the types and range. 114th article after the debate, the hearing officer shall hear offence suspects and a third person, investigators finally making a statement. 115th 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, (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. 116th article hearing process in the, met has following case one of, should terminated hearing: (a) illegal suspects withdrawn hearing application of; (ii) illegal suspects and agent people no due reason refused to attended or without hearing host license midway exit hearing of; (three) illegal suspects death or as illegal suspects of corporate or other organization was revoked, and dissolved of; (four) hearing process in the, illegal suspects or its agent disrupt hearing order, not listening to discourage, led hearing cannot normal for of; (E) hearing of others needs to be terminated. Hearing participants and visitors of the 117th personnel shall abide by 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. 118th 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 personnel statement of facts, and evidence and legal according to and administrative punishment views; (six) illegal suspects or its agent of statement and defence; (seven) third people statement of facts and reason; (eight) case personnel, and illegal suspects or its agent, and third hostage card, and debate of content; (I) the witness statements of fact; (j) an end of the suspect or a third person, investigators presented their views and (11) other matters. 119th suspected hearing transcripts should be illegal to read or read to them. Witness statements part of the hearing record should read or read to the witness. Against suspects or witnesses consider hearing record is incorrect, you can request additions or corrections. Against suspects or witnesses verified as correct signature after or before entering a fingerprint. Refuses to sign or NA fingerprints from recorder recorded at the hearing. After hearing review, the hearing record, signed by the presiding hearer, hearing officers and reporters. 120th 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. 121th 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. 122th, head of the public security organs shall, in accordance with the hearing, made in accordance with the provisions of this chapter provided the Nineth decision. Nineth part of administrative penalties apply administrative punishments in section I decided to apply article 123th violations is not discovered within two years, are no longer given administrative punishment. Except as otherwise provided by law. The period of time specified in the preceding paragraph, from the date on which the violation occurred, continuous or continuing status for offences, from the date on which the Act ended. 124th while public security authorities impose administrative penalties, and shall order the violator to correct or rectify violations. The 125th article of the law-the same offence, shall not be given more than two penalties administrative penalties. 126th persons under the age of 14 are in violation of, no administrative penalty, but shall order the guardian to strict discipline; illegal gains or illicit goods, and shall be taken over. People who have reached the age of 14 to 18 years of age are in violation of, a lighter or mitigated administrative penalty. 127th 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. 128th violator has one of the following should be a lighter or mitigated administrative penalty in accordance with law: (a) the initiative to eliminate or alleviate the consequences of the violations committed against (ii) coercion by others are in violation of and (iii) cooperate with the public security organs to investigate criminal acts has performed meritorious service and (iv) shall be given a lighter or mitigated administrative penalty in accordance with law. Offence minor and correct, causes no harmful consequences, no administrative penalties. 129th article violations people has following case one of of, should from heavy punishment: (a) caused serious consequences of; (ii) stress, and lured others or abetting not adults implementation violations of; (three) taught violations method, and means, and skills of; (four) on charged people, and whistleblower, and witnesses, retaliates against of; (five) a years for with a violations by two times above punishment of. 130th one person has two or more offences, ruled separately but executed concurrently. 131th violator has any of the following circumstances, administrative punishment shall not apply: (a) 16 years of age, (ii) more than 70 years old and (c) women who are pregnant or are nursing their own infants under one year of age (iv) suffering from serious infectious diseases. Section II the 132th decision of administrative penalty must be identified in the public security organs in handling administrative cases of 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, well-documented, true to its name has made the decision, and indicated in the relevant legal instruments. 133th public security organ handling cases Department in administrative punishment, after 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. 134th 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. 135th 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 hard; (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. 136th 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) violations minor, law can not administrative punishment of, not administrative punishment; (three) illegal facts not established of, shall not give administrative punishment; (four) on need give forced drug, and hosting education, processing of, law made decided; (E) an unlawful act constitutes a crime, transfer of competence to deal with the authority or Department. 137th to persons sentenced to administrative detention for offences, determined by the above the county level, the public security organs. Internal institutions at the public security administrative punishment shall be made in its own name. 138th of administrative detention against 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. 139th in violation of road traffic management in the law-imposed more than 50 Yuan (does not contain this figure) fines, public security organs traffic management departments at or above the county level shall make a decision of administrative penalty. Violator of violation of road traffic management revoke a license, revoke the driver's license, permissions determine in accordance with the following provisions: (a) revoke a license of motor vehicle driver's license less than six months, decided by the county-level public security organs traffic management sector; (b) revoke a license a motor vehicle driving license and revocation of motor vehicle driver's license for six months from (City)-level public security organs traffic management departments. 140th public security fire control institutions warned, fined, ordered to stop construction, stop, suspend, and confiscation of products and illegal income, such as punishment, shall make and issue written decision of administrative penalty, stamped with the seal of the public security fire control institutions. 141th border handling administrative cases of exit and entry frontier inspection violations, fined a maximum of 5,000 yuan for the violator, made directly by the border. Above the violator fined 5,000 yuan (not including the number) fine, by the frontier reported to the border inspection station or provinces, autonomous regions and municipalities directly under the approval of the public security Frontier Corps. 142th article in violation of People's Republic of China management area permits control of the border, by border security checkpoints or public security organs above the county level shall receive administrative punishment. 143th in administrative punishment decision, the public security organ shall inform the person penalized administrative review, administrative litigation and other remedies. 144th public security organs dealing with criminal cases, are not serious enough for criminal punishment, shall be given administrative punishments according to law, in accordance with the provisions of this chapter. Tenth chapter mediation 145th to acts violating the administration of public security organs the following administrative cases settled: (a) the fights cause slight damage due to civil disputes, (ii) damage to property due to civil disputes, minor, (iii) other acts violating the Administration due to civil disputes, minor. Do not constitute acts violating the administration of civil disputes, shall inform the parties to the dispute to the Court or grass-roots organization of people's mediation application. 146th mediation of public security organs to deal with administrative cases, with the exception of the following circumstances, should be opened to the public: (a) involving personal privacy; (b) the perpetrator and victim were not violating the Administration open to mediation. The 147th when public security organs for mediation, should follow the principle of lawful, fair, voluntary and timely, focused on education and counseling, and resolving conflicts. 148th in the minors by the parties, mediation minor when parents or other guardian of the Party shall be present. 149th on neighbour disputes caused by administrative conciliation cases, people can invite neighborhood, village or the parties familiar with the personnel. 150th mediation at a time and, if necessary, can be increased once. A conciliation agreement, the parties sign the mediation, and perform the mediation agreement. 151th conciliation agreement and fulfilled, the public security organs no longer punishment. Mediation finally no agreement or agreement before discharge back, 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, it shall notify the parties to the dispute to the people's court civil action. 11th chapter involved property of processing 152th article main for illegal activities of following tool, and equipment or involved property should collection: (a) gambling with of gambling; (ii) making, and copy, and spread pornographic books, and pictures, and obscene audio and other obscene materials using of equipment; (three) smoking, and injection drug of apparatus; (four) reselling of has price ticket or cheat property of supplies; (five) other should collection of tool and property. 153th articles of obscene materials, drugs and contraband such as reactionary, cults, superstition and prints are collected. 154th article collection property should by County above police organ head approved, and making collection listing, stay punishment decided entered into force Hou, according to following provides respectively processing: (a) should handed Treasury of, transfer financial sector processing; (ii) belongs to contraband of, by County above police organ head approved, unified registration register Hou be destroyed, which belongs to obscene materials, and drug of, respectively by County above police organ security sector, and drug sector organization destroyed; (three) belongs to victims legal property of, Returned to victims in a timely manner. 155th on the property should be returned to their original owners, it shall notify the owner within six months in order to claim; origin uncertain, should take notice to inform their owners claimed. Or after the notice to its owner within six months after notice to the claimant, unclaimed, according to bona vacantia, turned over to the State Treasury. If there are special circumstances, appropriate extension, extension not longer than three months. 156th of easy decay, loss, or other items that cannot be kept, shall be returned to their original owners; the owner could not be found, and approved by the head of the public security organs above the county level, can take pictures or video and then selling the proceeds in accordance with the provisions set forth in the 154th, 155th. 157th on the seizure and seizure of property, no unit or individual is allowed to borrow, use, Exchange and appropriation. 158th when changing jurisdiction of administrative cases, in connection with the case of the property and its fruits should be the case. The transfer of property, carefully checked by the recipient, the transfer of people, and co-signed on the transfer document. 12th Chapter Executive 159th 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. The 160th 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. 161th article was punishment people late not perform administrative punishment decided of, made administrative punishment decided of police organ can take following measures: (a) in accordance with legal provides forced implementation; (ii) due not paid fine of, daily by fine amounts of 3% added at fine, legal another has provides of except; (three) according to legal provides, will seized of property auction arrived paid fine; (four) on legal no provides by police organ forced implementation of, application Court forced implementation. 162th fine decisions of the public security organs, punishment shall be 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 personnel can spot collection fine: (a) spot sentenced 20 Yuan following fine of; (ii) on personal spot sentenced 20 Yuan above (not containing this number), and 50 Yuan following, on units spot sentenced 1000 Yuan following fine, not spot collection after to implementation of; (three) in water Shang, and passenger train Shang and remote, and traffic inconvenience area, was punishment people to specified Bank paid fine does have difficult, by was punishment people proposed of. The third case of the preceding paragraph, investigators should indicate on the penalty decision, and confirmed by the signature of person being punished. 163th public security organs and their personnel 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. 164th article case personnel 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 collection of fine make to its belongs police organ. The public security organ shall from the date of receipt of fines of investigators to 2nd, fines paid to the specified bank. The 165th person penalized genuine financial difficulty, delay or in installments to pay the fine, the person penalized public security organs for approval of application and make a decision of administrative penalty can be suspended or made in installments. After the illegal residence of Taiwan residents, according to the Chinese citizens to visit Taiwan area management of the 38th article per 100 Yuan a day overdue fines, the person penalized ' inability to pay, after the authorities decided to declare the appropriate relief implementation. Credit amount should be indicated in the decision. 166th public security organs to penalty of revocation of permit or license 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. The 167th who decided to be held in administrative detention, carried out by the decision of public security organs to places of detention. Resisting execution, you can use the binding apparatus. 168th decided under administrative detention or their families ' sureties or deposit pursuant to the provisions of, in the course of administrative reconsideration and administrative litigation, originally decided to stay the execution of administrative detention. Guarantor and security shall not apply. 169th, the sponsor should ensure that during the warranty period becking shall not avoid, refuse or impede the execution of the punishment; not to interfere with a witness in administrative reconsideration and administrative litigation's testimony, or forge evidence. 170th guarantor shall comply with the following conditions: (a) not involved with this case, (ii) entitled to political rights and not legally subject to restriction or deprivation of personal freedom, and (iii) local registered permanent and fixed place; (d) performance of the secured obligation. 171th 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. 172th sponsor should ensure that the principal obstacles, evade police, administrative reconsideration organs or a people's Court to call, review, trial and execution. Obligations of the guarantor is not a performance guarantee, the public security organs can be fined a maximum of 1000 Yuan for guarantors, and discharging the recognizance. 173th deposit guarantee deposit is calculated according to the decisions of administrative detention, detention deposit 50 to 200 Yuan a day. Security deposit shall be collected by the Bank. Authorities should ensure that the principal does not escape, refuse or impede the implementation of the principle of punishment, considering the circumstances of the case, the principal economic conditions, local economic development, reasonable bail. 174th decided in administrative detention who also was fined, the fine not suspended because of its proposed surety or deposit. 175th administrative detention punishment is revoked or starts executing, the public security organ shall deposit refund to pay people. Was decided to deposit bail of people in administrative detention violates the provisions of the 169th, discharging the recognizance, police confiscated up to administrative detention decision or partial forfeiture of deposit, the original administrative detention decided to continue. 176th party disagrees with the decision of the public security organs seized deposits may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 177th in addition to the articles shall be destroyed in accordance with law, police confiscated illegal gains and illegal property must be in accordance with the regulations of the State or the public auction in accordance with the relevant provisions of the State. Fines, confiscation illegal obtained, confiscation of unlawful property or things of auction payment and forfeiture of deposit, must be turned over to the State Treasury, shall not in any form of rejection, privately divide or disguised privately. The 13th chapter in foreign-related administrative cases processing 178th in foreign-related administrative cases shall be strictly in accordance with China's laws, rules and regulations, safeguard China's sovereignty and interests, adhere to the principle of equality and the principle of reciprocity, strict compliance with the relevant international treaties. When national laws and our international treaty obligations when a conflict occurs, the relevant provisions of the international treaty shall apply. 179th 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. 180th illegal people-foreigners who enjoy diplomatic privileges and immunities, authorities which handle their cases should be the identity, documents, and violations of basic information on the record, preserve 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. 181th in 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. 182th foreigners for illegal entry, illegal residence, identity documents, in their acts of illegal entry, illegal residence after treatment, can be deported directly; to unknown, may be detained for examination. May be detained for examination, 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, should be under residential surveillance. 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. 183th detention of foreigners under residential surveillance or deportation decision by the 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. 184th on the alien detention time, normally not exceeding one month; for special administrative cases such as case is significant and complex, with the approval of the original approval authority can be extended by one month. Surveillance of foreigners, there is generally no more than three months, for special administrative cases such as case is significant and complex, with the approval of the original approval authority, can be extended up to six months. Unknown nationality cannot be deported, release cannot guarantee safe, approved by the provincial public security authorities, detention and surveillance can be extended to a nationality has identified and deported. 185th shorten the stay of foreigners in China the term disqualified to residence in China or from (City)-level public security organ. 186th before the county-level public security organs to foreigners held in administrative detention decision shall be reported to the approval of the public security organs at a higher level. 187th 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 decided by the host authorities and implement, deported or ordered to leave under the provisions of the preceding two paragraphs of this article. 188th to foreigners impose a fine or administrative detention and ordered to leave or be deported, in fine or administrative detention should be perform exit and expulsion after the implementation deadline. 189th was decided to be ordered to leave, shorter stay in China the term or cancel the residence of foreigners in the country, is not within the specified period of voluntary departure, public security authorities may deport. 190th on the administrative detention of foreigners unable to pay a fine in accordance with modification, fines are no longer implemented. Request administrative detention to fine the foreigners, are not acceptable. The 191th police handling 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. 192th article on foreigners made administrative detention, and detention review, and monitored live decided Hou, decided or approved organ should in 48 hours within will case situation report provincial police organ; provincial police organ should in provides term 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, notification the foreigners belongs national of China Embassy, and consulates, 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. Aliens in administrative detention, detention, 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. 193th aliens in administrative detention, detention for investigation, surveillance or other restriction of personal liberty during national diplomatic and consular officials access to which it belongs, decided that the authority should arrange matters relating to access. 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. 194th in handling foreign-related administrative cases, not specified in this chapter, apply relevant provisions in the other chapters. 195th handling administrative cases of illegal stateless persons, applying the provisions of this chapter. 14th chapter case end 196th article administrative case has following case one of of, should be closed: (a) plot significantly minor, against is unlikely to, decided not administrative punishment of; (ii) applies mediation program of case has mediation end of; (three) made administrative punishment, processing decided, and has implementation finished of; (four) violations suspected constitute crime, to criminal case handle of. 197th investigation discovered administrative cases one of the following circumstances, approved by the head of the public security organs handling components above, to terminate the investigation: (a) there is no illegal facts; (b) the limitation of offences have been held accountable; (c) the unlawful deaths of suspects. When the public security organ to terminate the investigation, and suspects of compulsory administrative measures have been taken, shall be terminated immediately. 198th police departments in handling administrative cases of handling process instrument material, files should be established, and in accordance with the relevant provisions in the closed or terminated after investigation to file transfer archives custody or take care of. 199th administrative case files include the following: (a) registration form; (b) the call card; (iii) evidentiary material and (iv) the award instrument and (e) form in the cases of other instruments. Article No. 200 administrative cases legal instruments and qualitative basis materials should be complete, may not be damaged or forged. The 15th chapter supplementary articles article No. 201 of legal instruments needed to carry out the provisions of the model, developed centrally by the Ministry of public security. No. 202 of these provisions in the "handling sector" refers to the police station and the equivalent of handling units at the police station level. No. 203 these provisions, the term "upper" and "lower" include the number or level, except where noted. No. 204, according to 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, no matter what the title, are not allowed to foreign law enforcement in their own name. Article No. 205 the provisions come into force on January 1, 2004. Previously developed by the Ministry of public security on the handling of administrative cases provisions inconsistent with this provision, is subject to this provision.