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ADMINISTRATIVE PUNISHMENTS LAW

   Section 3  Hearing Procedure
Chapter VI    Execution of Administrative Punishments
Chapter VII   Legal Responsibility
Chapter VIII  Supplementary Provisions

Chapter I  General Provisions

    Article 1  This Law is enacted in pursuance of the Constitution to
regulate the establishment and implementation of administrative punishments,
to ensure and supervise the effective exercise of administration by the
administrative organs, to safeguard public interests and social order, to
protect lawful rights and interests of the citizens, legal persons or other
organizations.

    Article 2  This Law applies to the establishment and implementation of
administrative punishments.

    Article 3  Administrative punishments which shall be imposed on citizens,
legal persons or other organizations for the acts committed in violation of
administrative order shall be stipulated by laws, regulations or rules in
accordance with this law, and shall be implemented by administrative organs
in accordance with the procedure stipulated by this Law.

    Administrative punishments shall be null and void, if they are inflicted
without legal basis or without the observation of the legal procedure.

    Article 4  Administrative punishments shall abide by the principles of
being fair and just and open to the public.

    The establishment and implementation of administrative punishments must
take facts as the base and correspond to the facts, nature and seriousness of
the illegal acts as well as to the extent of the harm thereby caused to the
society.

    Stipulations on imposing administrative punishments for illegal acts must
be promulgated and if not, shall not serve as the legal basis for
administrative punishments.

    Article 5  Implementing administrative punishments and checking illegal
acts shall adhere to the combination of punishments and education, in order
to educate citizens, legal persons or other organizations to observe the law
of their own accord.

    Article 6  Citizens, legal persons or other organizations have the right
to state their cases and defend themselves in respect of the administrative
punishments imposed on them , and if they refuse to accept the administrative
punishments, shall have the right, according to law, to apply for
administrative reconsideration or institute an administrative law suit.

    Citizens, legal persons or other organizations who have sustained damage
on account of administrative punishments imposed on them in violation of law,
have the right to lodge their claims.

    Article 7  Citizens, legal persons or other organizations, being imposed
on administrative punishments for illegal acts, who have thereby caused
damage to other people, shall bear civil responsibility according to law.

    In case illegal act has constituted a crime, criminal responsibility
shall be investigated according to law, and criminal punishment shall not be
substituted by administrative punishments.
Chapter II  Classification and Establishment of Administrative Punishments

    Article 8  Classification of Administrative Punishments:

    (1) Warning;

    (2) Fine;

    (3) Forfeiture of illegal earnings, forfeiture of illegal property;

    (4) Order to stop production and business;

    (5) Suspension or withdrawal of permits, suspension or withdrawal of
licenses;

    (6) Administrative detention; and

    (7) Other administrative punishments as stipulated by law or
administrative regulations.

    Article 9  Various administrative punishments can be established by law.

    Administrative punishment which restrains personal liberty can only be
established by law.

    Article 10  Administrative regulations can establish whatever
administrative punishments except those restraining personal liberty.

    Where stipulations are already formulated by law on administrative
punishments for illegal acts, specific stipulations to be formulated by
administrative regulations must come within the scope of acts, classification
and extent stipulated by law for imposing administrative punishments.

    Article 11  Local regulations can establish administrative punishments
except those restraining personal liberty and withdrawing enterprises'
business licenses.

    Where stipulations are already formulated by law or administrative
regulations on administrative punishments for illegal acts, specific
stipulations to be formulated by local regulations must come within the scope
of acts, classification and extent stipulated by law or administrative
regulations on imposing administrative punishments.

    Article 12  Rules formulated by Ministries and Commissions under the
State Council may incorporate specific stipulations on administrative
punishments within the scope of acts, classification and extent stipulated by
law or administrative regulations.

    Where law and administrative regulations have not been formulated, the
rules formulated by the Ministries and Commissions under the State Council
referred to in the preceding paragraph, may establish administrative
punishments as warning and fine for acts violating administrative order. And
the limits of fines shall be stipulated by the State Council.

    The State Council may authorize the organs directly under the State
Council charged with the right to inflict administrative punishments to
stipulate administrative punishments in accordance with the stipulations of
the preceding paragraphs 1 and 2 of this Article.

    Article 13  Rules formulated by the people's governments of provinces,
autonomous regions and municipalities directly under the central government,
the people's governments of the cities where the people's governments of
provinces and autonomous regions are seated, and the people's governments of
large cities approved by the State Council, can incorporate specific
stipulations on administrative punishments within the scope of acts,
classification and extent stipulated by law or regulations.

    Where law and regulations have not been formulated, the rules formulated
by the people's governments referred to in the preceding paragraph may
establish administrative punishments as warning and fine for acts violating
administrative order. And the limits for fines shall be stipulated by the
standing committees of the People's Congress of the provinces, autonomous
regions and municipalities directly under the central government.

    Article 14  Any other documents of a regulative character other than
those provided in Articles 9, 10, 11, 12 and 13 shall not establish
administrative punishments.
Chapter III  The Organs for Implementing Administrative Punishments

    Article 15  Administrative punishments shall be implemented by the
authorized administrative organs within the scope of their functions and
powers.

    Article 16  The State Council or the people's governments of provinces,
autonomous regions and municipalities directly under the central government
authorized by the State Council may determine whether an administrative organ
has the right to exercise relevant administrative punishments, but the right
to exercise administrative punishments restraining personal liberty can only
be performed by the public security organs.

    Article 17  Functional organizations empowered by law or regulations in
charge of the administration over public affairs may implement administrative
punishments within the scope of the lawful authorization.

    Article 18  Administrative organs may, according to law, regulations and
rules and within their lawful authorization, entrust the organizations
qualified for the conditions stipulated in Article 19 of this Law to
implement administrative punishments, and the administrative organs shall not
entrust another organization or person to implement the administrative
punishments.

    The entrusting administrative organ shall be responsible for the
supervision over the acts of the entrusted organization to implement the
administrative punishments, and shall bear legal responsibilities consequent
upon such acts.

    The entrusted organization shall, within its authorization, implement
administrative punishments in the name of the entrusting administrative organ,
and shall not entrust another organization or person to implement same
administrative punishments.

    Article 19  The entrusted organization must be qualified for the
following conditions:

    (1) Organizations formed according to law and in charge of public
affairs;

    (2) Manned with personnels well-informed of related law, regulations,
rules and business; and

    (3) Where technical tests or technical appraisal are required, shall have
the means to conduct such tests and appraisal.
Chapter IV  Jurisdiction and Application of Administrative Punishments

    Article 20  Administrative punishments come under the jurisdiction of the
administrative organs with the right to make administrative punishments of
the people's governments at county level and above in the place where illegal
acts have taken place, unless otherwise provided by law or administrative
regulations.

    Article 21  Dispute over jurisdiction shall be referred to an
administrative organ common to the disputing organs at a higher level which
will determine the jurisdiction.

    Article 22  Where the illegal acts constitute crimes, the administrative
organs must transfer the case to judicial organs for investigation of
criminal responsibility according to law.

    Article 23  Administrative organs, when implementing administrative
punishments, shall order the parties to make, or within a specified period of
time to make corrections to their illegal acts.

    Article 24  A party shall be subjected to no more than one fine for the
same illegal act as administrative punishment.  

    Article 25  Persons under the age of 14, having committed illegal acts,
shall not be imposed on administrative punishments, but their guardians shall
be ordered to discipline them; persons at the age of 14 but under 18
committing illegal acts shall be imposed on either light or mitigated
administrative punishments.

    Article 26  Mental patients committing illegal acts when unable to
determine or control their acts, shall not be imposed on administrative
punishments, but the guardians shall be ordered to look after them. Patients
suffering intermittent mental disorder committing illegal acts when in normal
mental order, shall be imposed on administrative punishments.

    Article 27  Parties shall be imposed on administrative punishments,
either light or mitigated, subject to one of the following instances:

    (1) Take initiative in removing or minimizing the consequential damage;

    (2) Commit illegal acts on account of being coerced by others;

    (3) Contribute in cooperation with administrative organs to investigation
into and handling with illegal acts; or

    (4) Any other instances for which administrative punishments can be light
or mitigated according to law.

    No administrative punishment shall be imposed for trifle illegal acts
which have been timely checked without causing consequent damage.

    Article 28  Where the illegal acts constitute an offense for which
criminal detention or fixed-term imprisonment has been rendered by the
people's court, the administrative detention imposed on the party by the
administrative organ shall, according to law, be deducted from the period of
criminal detention or imprisonment.

    Where the illegal acts constitute an offense for which fine is imposed by
the people's court, the fine inflicted on the party by the administrative
organ shall be set off.

    Article 29  No administrative punishment shall be given for illegal acts
which have not been discovered within two years, unless otherwise provided by
law.

    The time limit in the preceding paragraph shall be computed from the day
of the occurrence of the illegal acts, or from the day of the termination of
continuous or consecutive illegal acts.
Chapter V  Decision on Administrative Punishments

    Article 30  Where citizens, legal persons or other organizations shall
according to law be given administrative punishments for acts violating
administrative order, the administrative organ must ascertain the facts; no
administrative punishments shall be imposed if facts about the illegal acts
remain unclear.

    Article 31  Administrative organs, before making a decision on
administrative punishments, shall inform the party of the facts, causes and
legal basis for making such a decision, and advise the party of the rights
which the law confers on him.

    Article 32  The party has the right to state the case and defend himself.
The administrative organ must hear in full the party's opinions, and shall
review and examine the facts, causes and evidence submitted by the party. The
administrative organ shall adopt the facts, causes and evidence submitted by
the party if they are sustainable.

    The administrative organ shall not aggravate punishments on account of
the party's statements or defense.

    Section 1  Summary Procedure

    Article 33  A decision on administrative punishments of a fine less than
fifty renminbi yuan on citizens or less than a thousand renminbi yuan on
legal persons or other organizations, or a warning, can be made on the spot
for confirmed illegal acts with sound legal basis, and the party shall
execute said administrative punishments according to Articles 46, 47 and 48
of this Law.

    Article 34  Law administering personnels making a decision on
administrative punishments on the spot, shall show to the party the
identification certificates for administering law, and fill in the official
printed form and the statement of decision on administrative punishments with
serial number on it. The statement of decision on administrative punishment
shall be given to the party on the spot.

    The statement of decision on administrative punishment in the preceding
paragraph shall carry the illegal acts done by the party, legal basis for the
administrative punishment, sum of the fine, time and place, name of the
administrative organ, and shall be signed or stamped by the law administering
personnels.

    The decision on administrative punishment, made by the law administering
personnels on the spot, must be filed with their administrative organ.

    Article 35  The party who refuses to accept the decision on
administrative punishment made on the spot, may according to law apply for
administrative reconsideration or lodge an administrative law suit.

    Section 2  General Procedure

    Article 36  Except the case, stipulated in Article 33, where the
administrative punishment may be given on spot, the administrative organ,
finding that administrative punishment shall according to law be inflicted on
a citizen, legal person or other organization for their acts, must conduct an
overall, objective, fair and just investigation, collect relevant evidence,
or may conduct, when necessary, an inspection according to law or
regulations.

    Article 37  No less than two law administering personnels shall be
present on the scene when the administrative organ conducts investigation or
inspection, and shall show their certificates to the party or related persons
who should give truthful reply to inquiries and cooperate in the
investigation or inspection, without obstructing the process. Written records
shall be made of the inquiries or inspection.

    The administrative organ, when collecting evidence, may take evidence by
random sampling and, when evidence may possibly be lost or collected with
difficulty at a later time, may preserve them with registrations being made,
subject to the approval by the responsible person of the administrative
organ. Decision on the disposal shall be timely made within seven days during
which period the party or related persons shall not destroy or transfer such
evidence.

    Law administering personnels, having direct concern therein with the
party concerned, shall withdraw.

    Article 38  Following the conclusion of the investigation, responsible
persons of the administrative organ shall examine the findings of the
investigation and according to various circumstances of the case, make the
following decisions respectively:

    (1) Decision on administrative punishment shall be made according to the
seriousness and particulars of the case if there are illegal acts for which
administrative punishment should be imposed;

    (2) Administrative punishment shall not be inflicted if illegal acts are
minor ones for which administrative punishments may not be inflicted
according to law;

    (3) No administrative punishment shall be imposed if illegal acts are not
sustainable; and

    (4) Illegal acts which constitute a crime shall be transferred to the
judicial organ.

    Where serious administrative punishment shall be imposed for complicated
or major illegal acts, the decision shall be made through collective
consideration by the responsible persons of the administrative organ.

    Article 39  The administrative organ, inflicting administrative
punishment according to Article 38 of this Law, shall draw up a statement of
decision on administrative punishment. The statement of decision on the
administrative punishment shall carry the following items:

    (1) The name or title of the party and address;

    (2) The facts and evidence concerning the violation of law, regulations
or rules;

    (3) Classification and legal basis of the administrative punishment;

    (4) Method and time limit for executing the administrative punishment;

    (5) Avenue and time limit for application for administrative
reconsideration and for the institution of an administrative law suit, if the
party refuses to accept the administrative punishment; and

    (6) The name of the administrative organ making such punishment and the
date of the decision.

    Decision on administrative punishment must carry the official stamp of
the administrative organ making the administrative punishment.

    Article 40  The statement of decision on administrative punishment shall
be delivered to the party on spot after pronouncement, and in absence of the
party, the administrative organ shall, according to Civil Procedure Law,
serve within seven days the statement of the decision to the party.  

    Article 41  In case the administrative organ and its law administering
personnels fail, before making the decision on administrative punishment, to
inform the party of the facts, causes and legal basis for making such a
decision, or refuse to hear the party's presentation of the case and defense,
as stipulated in Articles 31 and 32 of this Law, the administrative
punishment can not be established, unless the party has waived his right to
the presentation and defense.

    Section 3  Hearing Procedure

    Article 42  The administrative organ before making a decision on the
administrative punishment such as ordering to stop production and business,
withdrawing the permit or license, or large sum of fine, shall advise the
party of the right to hearing. And the administrative organ at the request of
the party shall organize hearing, and the party shall not bear the expenses
for the hearing. Hearing shall be organized in the following manner:

    (1) The party shall, within 3 days after being informed by the
administrative organ, notify them of the party's request for hearing;

    (2) The administrative organ shall notify the party of the time and place
of the hearing seven days before it;

    (3) Hearing shall be held in public, with the exception that the state's
or commercial secret or personal privacy is involved;

    (4) Hearing shall be presided over by the personnel appointed by the
administrative organ other than the investigators of the case and the party,
submitting that the presider has direct interest in the case, have the right
to apply for the withdrawal;

    (5) The party may attend in person or appoint one or two agents to the
hearing;

    (6) At hearing the investigators state the facts of the illegal acts done
by the party, present the evidence and make suggestion on administrative
punishment; the party may make defense and question the evidence; and

    (7) Written records on the hearing shall be made which shall be examined
to see no error with it, and signed or stamped by the party.

    The party who takes objection to administrative punishment on restraint
of personal liberty, shall act according to the Regulations on Administrative
Penalties for Public Security.

    Article 43  Following the hearing, the administrative organ shall make
the decision in accordance with the provisions of Article 38 of this Law.
Chapter VI  Execution of Administrative Punishment

    Article 44  After the decision on administrative punishment is made in
accordance with law, the party shall execute the decision within the time
limit prescribed in the decision.

    Article 45  The execution of the administrative punishment shall not be
suspended when the party refuses to accept the decision and applies for
administrative reconsideration or lodge an administrative law suit, unless
otherwise provided by law.

    Article 46  The administrative organ making the decision on fine shall be
separated from the collecting agency of the fine.

    The administrative organ making the decision on administrative
punishments and its law administering personnels shall not collect fines on
their own authority, with the exception of the fines collected on spot in
accordance with Articles 47 and 48.

    The party shall, within fifteen days from the day of receiving the
statement of decision on administrative punishment, pay the fines to the
appointed bank. The bank shall, after receipt of the fines, hand them
directly to the state treasury.

    Article 47  In case a decision is made on administrative punishment on
spot in accordance with the provisions of Article 33 of this Law, the law
administering personnels may collect fines on spot, subject to one of the
following instances:

    (1) A fine less than twenty renminbi yuan imposed according to law; or

    (2) Fines, if not collected on spot, shall be hardly executed.

    Article 48  Administrative organs and their law administering personnels,
having made the decisions on fines in accordance with Articles 33 and 38, may
collect them on spot at the request of the parties, provided the parties in
remote border areas, or on waters, or in area's with inconvenient traffic,
have difficulties when paying the fines to the appointed banks.

    Article 49  Administrative organs and their law administering personnels
collecting fines on spot, must issue to the parties the uniform receipt for
fines printed and issued by the financial departments of provinces,
autonomous regions and municipalities directly under the central government,
and without issuing the uniform receipts for fines printed and issued by the
financial departments, parties have the right to refuse the payment of fines.

    Article 50  Law administering personnels collecting fines on spot shall,
within two days from the day of fine, hand the fines over to the
administrative organs; fines collected on spot on waters shall be handed over
to the administrative organs within two days from the day of disembarkation.
Administrative organs shall within two days hand the fines over to the
appointed banks.

    Article 51  In case of failure by the party to execute the decision on
administrative punishment within the prescribed time limit, the
administrative organ making the decision on the punishment may take the
following measures:

    (1) In case of failure to pay the fine in time, an additional fine shall
be imposed amounting to three per cent of the original fine on a daily rate
basis;

    (2) In accordance with law, the sealed up or seized property can be put
to auction to pay, or appropriation of the frozen bank deposit can be made
for payment of, the fine; or

    (3) Apply to the people's court for enforcement.

    Article 52  At the request of the party assuredly in economic difficulty,
payment of fine may be postponed or made in installments, subject to the
approval by the administrative organ.

    Article 53  Illegal property which has been confiscated with the
exception of those to be destroyed according to law, must be auctioned
publicly or otherwise disposed of according to relevant stipulations of the
state.

    Fines, confiscated illegal earnings or proceeds of the illegal property
by auction must be handed over in its entirety to the state treasury, and
shall not be withheld or shared privately and secretly in any manner by any
administrative organs or individuals. Financial departments shall not return
in any forms to administrative organs making decisions on administrative
punishments, the fines, confiscated illegal earnings or proceeds by auction
of the confiscated illegal property.

    Article 54  Administrative organs shall establish and complete the system
of supervision over administrative punishments. And people's governments at
county level and above shall strengthen the supervision and inspection over
administrative punishments.

    Citizens, legal persons and other organizations have the right to lodge
their complaints or make report on the punishments imposed by the
administrative organs. Administrative organs shall make conscientious
examinations and take initiative in correction if anything is found wrong
with the administrative punishments.
Chapter VII  Legal Responsibility

    Article 55  Where administrative organs implement administrative
punishments in one of the following instances, superior administrative organs
or other related departments shall order said administrative organs to make
correction and may give disciplinary sanctions according to law to personnels
in charge, and other personnels, bearing direct responsibility:

    (1) No legal basis for imposing administrative punishments;

    (2) Alterations made on one's own authority in classification and extent
of administrative punishments;

    (3) Violations of the legal procedure for administrative punishments; or

    (4) Violations of Article 18 of this Law on entrustment of implementing
punishments.

    Article 56  If administrative organs implementing punishments on parties
do not use documents and receipts specially designed for, or use those
documents and receipts which are not printed and issued by lawfully appointed
departments for, fines and confiscated property, the parties have the right
to reject the punishments and make report thereon. Superior administrative
organs or other related departments shall collect the illegal documents and
receipts for destruction, and impose disciplinary sanctions on the
personnels in charge, and other personnels, bearing direct responsibility.

    Article 57  Where administrative organs collect fines on their own
authority in violation of Article 46 of this Law or financial departments
return to administrative organs fines or proceeds of auction in violation of
Article 53 of this Law, superior administrative organs or related departments
shall order said administrative organs or financial departments to make
corrections and impose disciplinary sanctions on the personnels in charge,
and other personnels, bearing direct responsibility.

    Article 58  Fines, confiscated illegal earnings or property which have
been withheld or shared privately or secretly in any manner by the
administrative organs, shall be recovered by financial departments or other
related departments and disciplinary sanctions shall be imposed on the
personnels in charge, and other personnels, bearing direct responsibility, or
if the case is so serious as to constitute a crime, criminal responsibility
shall be investigated.

    Law administering personnels abusing their authority to demand or accept
and take into their possession other's property or collected fines, shall be
charged with criminal responsibility if the such acts constituted an offense;
and disciplinary sanctions shall be imposed on them if the acts are minor
ones not sufficient for a crime.

    Article 59  Administrative organs using or damaging the property held in
custody, thereby causing loss or damage to the party, shall make compensation
according to law, and disciplinary sanctions shall be imposed on the
personnels in charge, and other personnels, bearing direct responsibility.

    Article 60  Administrative organs implementing inspective or executive
measures in violation of law, thereby causing personal or property damage to
citizens, or causing loss to legal persons or other organizations, shall make
compensation according to law, and disciplinary sanctions shall be imposed on
the personnels in charge, and other personnels, bearing direct
responsibility; criminal responsibility shall be investigated according to
law if the case is so serious as to constitute a crime.

    Article 61  Where administrative organs seek private interest for the
units themselves by withholding cases which should be transferred to judicial
organs according to law for determination of criminal responsibility and
substitute administrative punishments for criminal punishments, superior
administrative organs or other related departments shall order said
administrative organs to make corrections, or otherwise impose disciplinary
sanctions on the personnels in charge bearing direct responsibility, if they
refuse to correct themselves. Those who play favouritism and protect illegal
acts shall be charged with criminal responsibility by applying mutatis
mutandis the provisions of Article 188 of the Criminal Law.  

    Article 62  Where law administering personnels who have neglected their
duties resulting in failure to check or punish illegal acts which should be
checked or punished, have caused damage to lawful rights of citizens, legal
persons or other organizations, to public interest and social order, the
personnels in charge, and other personnels, bearing direct responsibility
shall be imposed on disciplinary sanctions according to law, and if the cases
are so serious as to constitute crimes, criminal responsibility shall be
investigated according to law.
Chapter VIII  Supplementary Provisions

    Article 63  The State Council shall formulate specific implementing
measures on the separation of the decisions on fines from collection of the
fines.

    Article 64  This Law shall enter into force as of October 1, 1996.

    In case any stipulations on administrative punishments in the
legislations and rules formulated prior to the promulgation of this Law are
not in conformity with this Law, amendments shall be made in accordance with
this Law from the day when this Law is promulgated, and said amendments shall
be completed before December 31, 1997.

Appendix:  Relevant Article of the Criminal Law

    Article 188  Judicial personnels who play favoritism and commit
irregularity, allow with knowledge an innocent person to undergo
prosecution, protect with knowledge a guilty person free from being
prosecuted, or intentionally make a wrong judgment by confusing the right and
the wrong, shall be sentenced to a fixed-term imprisonment less than five
years, criminal detention or shall be deprived of political rights, and if
the case is even more serious, shall be sentenced to more than five-year
imprisonment.