Amendment Procedures Of Public Security Organs In Handling Administrative Cases

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

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Amendment procedures of public security organs in handling administrative cases (Released November 26, 2010, the Ministry of public security, the 113th) 172th is amended as: "refusing to execute order to suspend decisions of the organs of public security, public security authorities may enforce or apply to a people's Court for compulsory execution.

    "Appendix: procedures of public security organs in handling administrative cases (revised 2010) (August 24, 2006, the Ministry of public security made the 88th release come into force on the date of promulgation on November 26, 2010, the Ministry of public security released by the public security organs in handling administrative cases, 113th procedure Amendment Act amended)

    Directory

    Chapter I General provisions

    Chapter II jurisdiction

    Chapter III to avoid

    The fourth chapter of evidence

    During the fifth chapter and served

    The sixth chapter summary

    The seventh chapter, investigation and evidence collection

    Section I General provisions

    Section II case

    Section III asked

    Fourth inspection and examination

    The fifth section identification, detection

    The sixth section identification

    Seventh section sampling and evidence collection

    Article eighth evidence preservation

    Eighth chapter hearing procedures

    Section I General provisions

    Section II hearing persons and hearing participants

    Section III hearing informed, application and acceptance

    The fourth hearing held

    Nineth chapter and the application of administrative penalties decided

    First application of administrative penalty

    Section II administrative punishment decision

    The tenth chapter of public order mediation

    11th chapter property in connection with processing

    The 12th Chapter Executive

    13th chapter handling foreign-related administrative cases

    14th chapter end case

    The 15th chapter supplementary articles

    Chapter I General provisions

    First in order to regulate the handling administrative cases by public security organs, safeguard the public security organs in handling administrative cases properly to perform his duties, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China Law on administrative punishment and the People's Republic of China on public security administration punishments Act and other relevant laws, administrative regulations, this provision is enacted.

    Administrative cases referred to in the provisions of article, refers to the public security organs in accordance with the laws, regulations and the regulations on the law-decisions of administrative 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, administration of the 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. The 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.

    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 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 handling of trains, 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.

    Chapter III to avoid

    14th handling heads of public security organs, the people's police have one of the following situations shall recuse themselves, parties to the case and their legal representatives have the right to request him to withdraw:

    (A) is a near relative of a party or of the case;

    (B) or any of his close relatives and have a stake in this case;

    (C) other relationships with the parties to the case, could affect the impartial handling of the case.

    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.

    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.

    21st before making a decision in the public security organs, handling the people's police shall not stop the investigation of administrative cases.

    22nd was 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.

    The fourth chapter of evidence

    23rd public security organs in handling administrative cases of evidence are as follows:

    (A) documentary evidence;

    (B) physical evidence;

    (C) audio-visual materials, electronic evidence;

    (D) a victim statement and other witness testimony;

    (E) illegal and suspect statements and representations

    (F) expert opinion;

    (G) the test conclusions;

    (VIII) an inquest or examination transcripts, field notes.

    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 calculated by the hour, 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.

    29th police service of legal documents, shall comply with the following requirements:

    (A) the police in accordance with the summary procedure of handling make a decision on the spot, decided to book the spot should be the person penalized and punished people signatures or seals on the record of decision; the person penalized refuses to sign or seal, by handling police indicated on the record of decision;

    (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 to know, not less than 60 days notice period.

    The sixth chapter summary

    Article 30th illegal facts are solid, and has one of the following circumstances, police made the decision on the spot, there is contraband can be collected on the spot:

    (A) to acts violating the administration or traffic violator to a fine less than 200 Yuan or given a warning;

    (Ii) of other illegal acts by individuals less than 50 Yuan fine or warning, the unit shall be fined a maximum of 1000 Yuan or given a warning;

    (C) other circumstances as legal provisions can be punished on the spot.

    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 procedure:

    (A) indicate to the law-enforcement capacity, indicating its illegal facts;

    (B) violations and defend the person should be fully heard; people facts, reasons, or evidence of an offence is established, should be adopted;

    (C) fill in the decision on the spot and spot the 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 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.

    The seventh chapter, investigation and evidence collection

    Section I General provisions

    The 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 must investigate the facts of the case, including:

    (A) the basic situation of suspected illegal;

    (B) the offence is present;

    (C) illegal and unlawful suspect;

    (D) implementation of the time, place, method, the consequences of the violation and other circumstances;

    (E) the offence suspects had no legal weight, lighter or mitigated, and no punishment;

    (Vi) and other facts relating to the case.

    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.

    Section II case

    38th public security organs on reports, complaints, reporting, the people listed or violation suspects surrendered, and other administrative departments, judicial organs to which a case, it shall accept, register, and make the following address:

    (A) the matters falling within the jurisdiction of the unit shall promptly investigate and deal with;

    (B) the scope belonging to the public security organs functions, but does not belong to the jurisdiction of, shall, within 24 hours after accepting transfer units having jurisdiction, and told the informant;

    (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.

    Article 39th police responsibilities but do not belong to the jurisdiction of the case, with one of the following circumstances, accept a case or find cases by public security organs and people's police shall take the necessary measures or other measures, and units to deal with the transfer of jurisdiction:

    (A) being implemented against the suspected illegal acts;

    (B) the offence suspects fleeing;

    (C) casualties, requiring immediate treatment;

    (D) the offence suspects had been captured or found;

    (E) the interests of the State, collective or citizens are suffering significant harm;

    (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

    Article 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. The 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 suspect 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.

    The 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 asks when minors under the age of 16, 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. The 56th when asking suspected illegal, should listen to illegal and suspect statements and to defend themselves.

    The law suspect statements and representations should be carefully verified.

    The 57th when asking suspected illegal, you need to use evidence suspected illegal violations, should prevent the leak investigation is secret. 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.

    The 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.

    62nd to check 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 are STD checks, 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.

    The fifth section identification, detection

    65th in order to identify the case, 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;

    (B) a victim requests for expert testimony;

    (C) illegal damage suspect or a victim of a dispute;

    (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. The 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, you can re-evaluation of an application made in the 3rd, 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 identification has any of the following circumstances, the public security organs shall conduct revalidation:

    (A) the identification of illegal procedures, which may affect the correctness of the expert opinion;

    (B) the expert does not have the expertise required for identification;

    (C) the apparent basis of the expert opinion;

    (D) the defendant intentionally false identification;

    (V) expert witness shall withdraw not evaded;

    (Vi) other circumstances that warrant the re-evaluation.

    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 the original identification of the 73rd article this requirement to the fifth one or other illegal identification except.

    The sixth section identification

    78th in order to identify the case, handling the people's police law suspect, a victim or other witness to violations relating to the goods, places or violation suspects for purposes of identification. 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.

    The 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.

    Seventh section sampling and evidence collection

    84th case 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.

    The 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 a public security organ handling Department or head of the police station report; heads of departments or police stations do not think handling public security organs seized should be immediately detained.

    91st for the seizure of goods, 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, 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

    97th public security organs in the following administrative punishment before a decision is made, shall inform the law a suspect has the right to require hearings:

    (A) in order to suspend;

    (B) the revocation of permit or license;

    (C) the large amount of fine;

    (D) the laws, regulations and rules stipulates a suspect may request the hearing of other cases. Mentioned in the preceding paragraph "larger fines" refers to more than 2000 Yuan fines against individuals, the unit shall be punishable by more than 10,000 yuan fine for violation of 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.

    The 99th public security organs shall not be aggravating hearing request due to suspected illegal.

    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 participants 101th hearing hearing a name, be responsible for 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.

    The 102th in hearings, the hearing officer shall exercise the following powers:

    (A) determine the time and place of the hearing;

    (B) determine whether the hearing open to the public;

    (C) require participants in the hearing beyond hearing, to provide or supplement evidence;

    (D) decided to delay, suspension or termination of a hearing;

    (E) to preside over the hearing and the facts of the case, reasons, evidence, cross-examination and debate procedures, applicable law and other organizations;

    (Vi) maintenance of hearing order, halt to the acts in violation of the hearing disciplines;

    (VII) avoidance decided other hearings clerk, records clerk;

    (H) shall have other powers.

    103th participants in the hearing included:

    (A) the parties and their representatives;

    (B) handling the people's police in the present case;

    (C) a witness, expert witness, translator;

    (D) other persons.

    104th in hearings, the Parties shall enjoy the following rights:

    (A) the application for withdrawal;

    (B) appoint one or two agents to participate in the hearing;

    (C) statements, representations and evidence;

    (Iv) checking, correction hearing;

    (E) shall enjoy the other rights. 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

    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. The 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 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.

    The fourth hearing held

    112th hearing shall be from the date of receiving the application for hearing in public security organs in the 10th.

    Besides involving State secrets, business secrets and personal privacy in administrative cases, the hearing 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 the 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, fifth section of the seventh chapter in accordance with the relevant regulations.

    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;

    (B) because the Parties applying for withdrawal, leading to hearing cannot continue;

    (C) other suspension hearing.

    Suspended the hearing after the Elimination of, the hearing officer shall promptly restore hearing.

    124th in the course of the hearing, in the event of any of the following circumstances, it shall terminate the hearing:

    (A) hearing withdrawals by hearing the application;

    (B) the hearing the applicants and their agents without any justified reason, refuses to attend or withdrew from the hearing without hearing permission;

    (C) hearing of death or as a hearing of the applicant the applicant legal person or other organization is dissolved, disbanded;

    (D) in the course of the hearing, hearing applicants or their agents disrupt the hearing order, do not scatter, resulting in hearing normal progress;

    (E) hearing of others needs to be terminated. Hearing participants and visitors should comply with article 125th 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.

    Record of hearing shall include the following:

    (A) the Court;

    (B) the time, place and manner of the hearing;

    (C) the hearing officer's name and position;

    (D) the name, or address of the participants in the hearing;

    (V) handling a police statement of facts, evidence and legal basis and administrative penalties;

    (F) hearing statements and pleadings of the applicant or his agent;

    (G) third party statements of facts and reasons;

    (VIII) handling the people's police, hearing the applicant or his agent, the third hostage syndrome, subject of debate;

    (I) the witness statements of fact;

    (J) the hearing the applicant and the third party, handling the final statement of the people's police;

    (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.

    The 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 should include the following:

    (A) the Court;

    (B) the hearing officer and the basic situation of participants in the hearing;

    (C) the time, place and manner of the hearing;

    (D) the basic situation of hearing;

    (E) the facts of the case;

    (Vi) opinions and recommendations.

    130th, 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 chapter and the application of administrative penalties decided

    First application of administrative penalty

    131th acts violating the Administration in not discovered by the public security organs within six months, other offences not discovered by the public security organs in two year, no administrative penalties.

    The period of time specified in the preceding paragraph, from the date on which the violation occurred, 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.

    People who have reached the age of 14 to 18 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 the law-one of the following circumstances shall be given a lighter or mitigated punishment or no punishment:

    (A) the initiative to eliminate or mitigate illegal consequences, and a victim of understanding;

    (Ii) by coercion or deception of others;

    (C) the meritorious;

    (D) active, surrendered himself to truthfully state his violations of public security organs;

    (E) shall be given a lighter or mitigated punishment or no administrative penalty according to law.

    Offence minor and correct, causes no harmful consequences, no administrative penalties.

    137th the law-one of the following circumstances, shall be punished:

    (A) have more severe consequences;

    (B) instigates, coerces, coerces others to commit illegal acts;

    (Iii) the informant, complainants, informants, witnesses and other retribution;

    (Iv) six months received administrative penalties for public security, or more than twice a year because of similar violations by public security administrative punishment;

    (E) criminal punishment is completed, corrective labour discharges or administrative penalties for public security within six months after, 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 the law-one of the following circumstances, should be given administrative penalty according to law, it shall make a decision, but not served detention facilities to perform:

    (A) have reached the age of 14-16 years of age;

    (B) has reached the age of 16-18 years of age, or violating the administration of public security administration for the first time;

    (C) more than 70 years old;

    (D) women who are pregnant or are nursing their own infants under one year of age.

    Section II administrative punishment decision 141th public security organ handling cases of public security deadline not later than 30th since the date of acceptance; case is significant and complex, approved by the public security organs at a higher level, you can extend the 30th.

    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 on administrative cases for review, approval, shall review the following information:

    (A) the basic situation of suspected illegal;

    (B) the facts of the case are clear, the evidence is actually full;

    (C) qualitative case is accurate;

    (D) the applicable laws, regulations and rules is correct;

    (E) the legality of the handling procedures;

    (F) the intended decision is appropriate.

    147th public security organs according to the administrative cases are made following decisions:

    (A) the offence should be given administrative punishment, according to the circumstances and gravity of the harm, make a decision of administrative penalty;

    (B) there are violations, but there are no administrative penalty according to law, no administrative penalty decisions illegal proceeds and illicit goods, shall be recovered or confiscated;

    (C) illegal facts are not established, the decision taken shall not be penalized;

    (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 and reeducation-through-labor reported according to law; (Vi) an unlawful act constitutes a crime, to handle criminal cases or the transfer of competence to deal with the authorities, the Department, without having to remove the case.

    Public security authorities have already made a decision of administrative handling, shall be attached to the volume;

    (VII) found the law-other illegal acts, 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.

    The tenth chapter of public order mediation

    152th civil disputes caused by beatings, intentional injury, insult, libel, false charge or frame-up directed, intentional damage to property, disturbing others ' normal lives, privacy violations and other minor public order cases, with one of the following circumstances, the public security organs of mediation:

    (A) the relatives, neighbors, colleagues, caused by a dispute between students at trivia;

    (B) the perpetrator of violations caused by fault behavior against prior;

    (C) other applicable mediation are more likely to resolve conflicts.

    Do not constitute acts violating the administration of civil disputes, shall inform the party applying to the Court or the Organization of people's mediation process.

    153th under any of the following circumstances shall not apply to mediation:

    (A) hired harm to others;

    (B) the gang-fighting or others to cause trouble;

    (C) the multiple Commission of acts violating the Administration;

    (D) the party indicated its willingness to mediate;

    (E) other appropriate mediation process.

    154th public security organs to mediate 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 processing

    159th in making administrative punishment decision, the public security organs, the property involved should be dealt with together.

    160th in handling administrative cases, the public security organs seized the following items should be collected according to law:

    (A) the contraband such as drugs, pornographic materials;

    (B) the gambling paraphernalia and gambling money;

    (C) drug ingestion or injection apparatus;

    (D) forging or altering official documents, certificates, documents, tickets, stamps, etc;

    (E) reselling valuable tickets;

    (F) directly used to commit violations of all the tools;

    (VII) other laws and regulations provides for the collection of illicit goods.

    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 public security organs on the collection and recovery of the property by the original approval of the authorities in charge, respectively in accordance with the following provisions:

    (A) belong to the legitimate property of the victim or third person in good faith, shall be promptly returned;

    (B) is not a victim of, register, after being turned over to the State Treasury pursuant to the provisions or proceed with the sale or auction, and the proceeds turned over to the State Treasury;
(C) to contraband, no value to the article, or the de minimis value items that cannot be sold or auctioned, unified register shall 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. 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.

    The 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;

    (B) 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.

    The 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.

    Any of the following circumstances, handling public security organs and people's police can collect fines on the spot, otherwise provided by law, those provisions shall:

    (A) to acts violating the administration of 50 Yuan the following penalty and violation of traffic regulations by pedestrians, passengers and non-motor vehicle driver fine, dissent and you're being punished;

    (B) for violations of law and order management, traffic violations other than the penalty of between 20 Yuan on the spot;

    (C) in remote areas, water and transportation, and passenger trains, 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 2nd fines paid within the specified 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 public security organs according to law, the public security organ may enforce or 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.

    The 174th person penalized appealed against the administrative 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 within 24 hours from the time of administrative detention to apply for making a decision.

    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.

    The 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 illegal and criminal suspects are under investigation or investigation;

    (C) public security organ considers it inappropriate to suspend the other cases of administrative detention.

    177th in the suspended period of administrative detention, the person penalized shall comply with the following requirements:

    (A) not to interfere with a witness in administrative reconsideration and administrative litigation evidence, forge or falsify evidence;

    (B) 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;

    (B) be entitled to political rights and not subjected to restriction or deprivation of personal freedom;

    (C) local permanent residence and domicile;

    (D) performance of the secured obligation.

    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 guarantor shall fulfil the following obligations:

    (A) the guarantees provided by the guarantor of compliance with the provisions of article 177th;

    (B) find 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 to the public security organs of forfeiture of deposit 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.

    13th chapter handling foreign-related administrative cases

    187th in handling 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. The 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. 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 end case

    No. 203 of an administrative case in any of the following circumstances shall be closed:

    (A) the decision taken shall not be penalized;

    (B) the applicable agreement and the case of the conciliation proceedings were complied with;

    (C) administrative penalties such as decisions are made and implemented;

    (D) an unlawful act constitutes a crime, 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) there is no illegal facts;

    (B) limitation of offences have been held accountable;

    (C) the unlawful deaths of suspects;

    (D) other needs the investigation of cases.

    When the 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:

    (A) records of case registration forms or any other found cases;

    (B) evidence;

    (C) the decision instrument;

    (D) forms 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.

    The 15th chapter supplementary articles 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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