Laws of the People's Republic of China

Ministry of Culture

Decree of the Ministry of Culture

No.36

The Measures for the Administration of Administrative Law Enforcement in Cultural Market adopted through deliberation at the executive meeting of the Ministry of Culture on June 16, 2005, are hereby promulgated, and shall enter into effect as of the day of July 1, 2006.

Ministry of Culture

March 24, 2006

Measures for the Administration of Administrative Law Enforcement in Cultural Market

Chapter I General Provisions

Article 1

In order to regulate acts of administrative law enforcement in cultural market, strengthen administration on cultural market, maintain the order of cultural market administration, and protect the lawful rights and interests of citizens, legal persons, and other organizations, as well as promote the healthy development of cultural market, these Measures are formulated according to the relevant state laws and regulations .

Article 2

The administrative law enforcement in cultural market as mentioned in these Measures shall refer to the administrative departments of culture of the people's governments at all levels or other law enforcement organizations authorized by the laws or regulations (hereinafter referred to as the law enforcement organizations), the operational activities of culture of citizens, legal persons, or other organizations shall be supervised and inspected, and their illegal acts shall be punished according to the provisions of relevant state laws, regulations, and rules.

Article 3

The range of administrative law enforcement in cultural market mentioned in these Measures shall include:

1.

Business performance activities;

2.

Importation, wholesale, retail, lease, and projection of audio-video products;

3.

Operational activities in places of entertainment;

4.

Operational activities of artwork;

5.

Operational activities of issuance and projection of films;

6.

Operational activities of culture of the business places for internet access services and internet; and

7.

Other operational activities of culture under the control of the administration of the administrative departments of culture.

Article 4

The principle of fairness, justness, and openness shall be followed for the administrative law enforcement in cultural market, and an administrative law enforcement system of well defined power and responsibility, standardized behaviors, effective supervision, and strong safeguards shall be established.

Article 5

According to the division of work of responsibility, the Ministry of Culture shall guide the work of law enforcement in cultural market countrywide, formulate bylaw on administrative law enforcement and the plan for training of administrative law enforcement personnel in cultural market, and guide and harmonize the local law enforcement organizations to investigate the major and serious cases, and supervise the administrative law enforcement of the local law enforcement organizations.

The local law enforcement organizations in or above the county level shall take charge of the work of administrative law enforcement in cultural market within their own administrative regions according to their divisions of work of responsibility.

Article 6

According to the provisions of state laws and regulations and the procedures determined by these Measures, the law enforcement organizations and the administrative law enforcement personnel in cultural market (hereinafter referred to as the law enforcers) shall enforce laws and accept the law enforcement supervision of the relevant departments.

Article 7

The law enforcement organizations and the law enforcers that have remarkable performances in their work shall be given honors and encouragements by the administrative departments of culture.

Chapter II Law Enforcement Organizations and Law Enforcers

Article 8

The construction of law enforcement contingent shall be strengthened, the various regulations shall be improved, and law enforcement mechanisms shall be perfected by the administrative departments of culture.

Article 9

The functions of a law enforcement organization shall be:

1.

Publicizing and carrying out the policies and laws and regulations on the management of cultural market;

2.

In light of the law, within their own administrative regions, making supervision and inspection on operational activities of culture of citizens, legal persons, and other organizations, and punishing their illegal acts;

3.

Organizing the training and examination of law enforcers;

4.

Supervising and guiding the work of the law enforcement organizations of the lower level; and

5.

Bringing forward advices to the legislatures and the administrative organizations on improving the relevant laws, regulations, and rules about cultural market management.

Article 10

The law enforcement organizations shall perfect the tip off system about cultural market, publicize the tip off telephone and e-mails, and improve tip off networks, accept and deal with the tip offs in time according to the law.

Article 11

The routine inspection and regular inspection system of cultural market shall be established and improved by the law enforcement organizations.

Article 12

The system of archival filing and the system of sending a copy of major punishment decisions shall be used to administrative law enforcement in cultural market.

If the law enforcement organization makes the decision of administrative punishments which is ordering to stop business operations for rectification, suspending license or giving a larger amount of fines, and so on, it shall report to the admission organization and the law enforcement organization of the upper level for archival filing within 15 days from the day of making the decision on administrative punishment.

If the law enforcement organization makes the decision of administrative punishments , which is ordering to stop business operations for rectification, or suspending licenses, it shall send a copy of the punishment decision to the departments of public security and industry and commerce, and other relevant departments in time.

Article 13

The system of reporting major cases shall be carried out for administrative law enforcement in cultural market.

The local law enforcement organization shall report the information of the case to the law enforcement organization of the upper level within 24 hours if a major case occurs.

Article 14

The system of regular report on law enforcement data shall be carried out in the administrative law enforcement in cultural market.

Article 15

The law enforcement organizations shall be equipped with establishments and equipments like vehicles, communications, testing, and evidence obtaining, which are necessary for administrative law enforcement.

Article 16

When enrolling law enforcers, the law enforcement organizations shall make recruitment and examination openly and enroll the best by selection in light of the state provisions.

Article 17

The law enforcers shall meet the requirements as follows:

1.

Having firm political standpoint and a fine style of work, submitting disciplines, and being physically healthy;

2.

Before undertaking the work of administrative law enforcement in cultural market, having no criminal records; and

3.

Knowing well the laws, regulations, and rules on the administration of cultural market, and mastering the professional knowledge and skill, which are necessary for the administration of cultural market.

Article 18

After having passed on-the-job training and the examination, the law enforcers shall obtain the certificate of administrative law enforcement in cultural market . The contents of training to law enforcers and the examination standard shall be determined uniformly by the Ministry of Culture, and shall be organized and carried out by the administrative departments of culture at the provincial level.

Article 19

The law enforcement organizations shall examine professional competence of law enforcers each year, and after the assessment the law enforcers who are not qualified shall not continue to take charge of administrative law enforcement work.

Article 20

The law enforcers shall take part in the training of professional knowledge and skill in cultural market no less than 40 hours each year. The law enforcers shall be encouraged and supported by the law enforcement organizations to take part in the various in-service further study activities.

Article 21

The system of regular post-shift on law enforcers shall be carried out, and in general, a law enforcer shall not take one job position for more than five years.

Chapter III Law Enforcement Procedures

Article 22

The illegal administrative cases in cultural market shall be under the control of the law enforcement organizations at or above the level of the counties at the places where the illegal acts occur. Unless there are different provisions by the law or administrative regulation, such provisions shall be followed.

If law enforcement organization discovers that the case under investigating is not under its jurisdiction, it shall be transferred to the administrative department of culture that has jurisdiction or other administrative organizations in time. If the illegal act has constituted a crime, it shall be transferred to the judicial department subject to criminal liabilities according to the law.

Article 23

Administrative law enforcement activities shall be implemented strictly according to the procedures prescribed in laws, regulations and these Measures, and law enforcement documents shall be made in the light of the law.

Article 24

When executing public affairs, the law enforcers shall show the law enforcement certificates to the parties or the relevant personnel according to law.

Article 25

As any act of any citizen, legal person, or other organization breaks the regulations on the management of cultural market, which shall be given administrative punishment in the light of the law, the law enforcement organizations shall make the facts clearly; if the illegal facts are not clear, the administrative punishment shall not be given by the law enforcement organizations.

Article 26

Before making an administrative punishment, the parties shall be notified the facts, the reasons and the basis of the administrative punishment decision and the rights they shall enjoy thereof.

Article 27

The parties shall have the right to make statements and averments. The opinions of the parties shall be sufficiently heard and written records shall be made by the law enforcers, and review the facts, reasons, and evidence brought forward by the parties, and if they can be proved, adopt them after review.

Article 28

If the illegal facts are authentic and have legal basis, a decision may be made on the spot on giving an administrative punishment of a fine of less than 50 Yuan to a citizen or a fine of less than 1,000 Yuan to legal person or other organization or a warning, and the law enforcers shall fill in the decision on administrative punishment with the predetermined format and compiled with numbers, and deliver it to the parties on the spot.

The decisions shall be reported to the subordinate law enforcement organizations and put them on archives within 3 days from the day when they have made on-site punishment decisions.

Article 29

If the law enforcement organization discovers that any citizen, legal person, or other organization has any act that shall be given administrative punishment except the administrative punishment that may be made on spot in the light of the law, it shall make registration on it and put it on records, and make investigation in time, overall, objective, and fair manner, and collect the relevant evidence, and may make inspection according to the relevant provisions of the laws or regulations if it is necessary.

The evidence shall be included documentary evidence, material evidence, testimony of witnesses, audio-video materials, statements of the parties, expert conclusions, records of inquests and records made on the scene, or other relevant evidence. After it has been ascertained to be truthful, the evidence can be taken as the basis for determining facts.

Article 30

When making investigation or inspection, there shall be no less than two enforcers. The parties and the relevant personnel shall answer the inquiries in the light of the facts, and assist in the investigation or inspection, and shall not obstruct it. The law enforcers shall make written records on the inquiry or the inspection, and hand them to the parties or the relevant personnel for checking, the parties or the relevant personnel shall sign their names or seals if there is no fault after checking. The two or more law enforcers shall indicate the conditions in the written records and sign their names if the parties or the relevant personnel refuse to sign their names or seals.

Article 31

When collecting evidence, the law enforcers may use the method of sampling to obtain evidence; if the evidence may be lost or difficult to obtain afterwards, after the approval of the person who takes charge of the law enforcement organization, such measures as preservation through prior registration may be taken .

The parties shall be at present when obtaining evidence by sampling or preserving it through registration,; if the parties are not at present or refuse to be at present, other personnel on the scene may be asked to give witness and indicated it.

A list of the evidence obtained by sampling or articles preserved through registration shall be made, and in the light of the circumstances, credence of obtaining evidence through sampling or list of preservation through registration shall be made, and the name, quantity, and unit price of the articles, and other matters concerned shall be indicated. The law enforcers and the parties shall sign their names or seals on it, and the law enforcers shall hand it to the parties. If the parties refuse to sign their names seal, or accept it, the two or more law enforcers shall indicate the conditions on the credence or the list and sign their names.

When preserving articles through registration, they may be preserved at a different place if it may disturb public order or public security to preserve them at the original place.

Article 32

The handling decisions shall be made as follows within 7 days on the evidence preserved through prior registration:

1.

If it is necessity to make technical inspection or authentication, it shall be submitted for inspection or authentication;

2.

If the articles need not to be confiscated according to the law, they shall be returned to the parties;

3.

If the articles shall be devolved on the relevant departments for disposal, they shall be devolved on the relevant departments; and

If there are different provisions in other law or regulation, such provisions shall be followed.

Article 33

After the conclusion of an investigation, the person in charge of a law enforcement organization shall examine the investigation results, and in the light of the circumstances, make a decision of giving administrative punishment, not giving administrative punishment, or transferring to the judicial department for disposal .

Before making an administrative punishment decision, a law enforcement organization shall make a notice on the administrative punishment and serve it on the parties, informing them of the contents, facts, the reasons and the basis of the administrative punishment to be made thereof. If administrative punishment decisions such as ordering to stop business operations for rectification, suspending license, or giving a large amount of fine, and etc. will be made, it shall indicate in the notice on the administrative punishment that the parties shall have the right to request holding a hearing within 3 days after receiving the notice; if the parties request a hearing, the hearing shall be organized by the law enforcement organization which will make the administrative punishment decision.

Article 34

A hearing shall be carried out in light of the procedures as follows:

1.

The chairperson announces the beginning of the hearing, the reason of the case and the hearing disciplines, rights and obligations of the parties, and announces and checks the name list of the participants in the hearing;

2.

The illegal facts of the parties, the evidence, basis for punishment, and the reasons for the administrative punishment shall be brought forward by the investigators;

3.

The parties may put forward evidence, make statements and averments, and make cross-examinations on the evidence brought forward by the investigators;

4.

The chairperson inquires to the parties, investigators, witnesses, and the relevant personnel;

5.

The parties make final statements; and

6.

The chairperson announces the end of the hearing.

Article 35

Written records about the hearing shall be made , and be handed to the parties for checking, if there is no fault therein, the parties shall sign their names or seals.

The chairperson shall make a written report in the light of the hearing, and submit it to the law enforcement organizations along with the written records.

The following contents shall be included in the report: reason of the case, time and place for the hearing, name or title of the participants in the hearing, matters of averment and cross-examination, authentication on the evidence, and cognizance of facts.

Article 36

After it is announced, the letter of decision on administrative punishment shall be handed to the parties on the spot. The parties shall indicate the date of acceptance in the proof of service, sign their names or seals.

If the parties are not present, according to the relevant provisions of the Civil Procedure Law, the law enforcement organization shall serve the letter of decision on administrative punishment on the party within 7 days.

Article 37

The confiscated properties in the light of the law shall be auctioned openly or dealt with in light of the relevant provisions of the state.

Goods that shall be destroyed in the light of the law shall be destroyed under the supervision of two or more law enforcers after the approval of the person in charge of the law enforcement organization, and a destruction record shall be made thereof.

Article 38

The law enforcement documents and the relevant materials shall be compiled and bound, and be put on archives according to the provisions of relevant laws and regulations.

Chapter IV Supervision over Law Enforcement and Prosecution of Liabilities

Article 39

The law enforcement acts of the law enforcement organizations at the lower level and the law enforcers shall be supervised by the law enforcement organizations at the upper level thereof.

Article 40

The following contents shall be included in the law enforcement supervision:

1.

Subjects of law enforcement;

2.

Procedures for law enforcement;

3.

Application of laws, regulations, and rules;

4.

The situations of performance of legal obligations;

5.

Internal management system of law enforcement organizations;

6.

Disposal of the confiscated properties and goods; and

7.

Other contents need to be supervised.

Article 41

The ways of law enforcement supervision shall be as follows:

1.

Accepting and hearing appeals, accusations, and complaints on illegal administrative acts, and directly dealing with them or ordering the relevant departments to deal with;

2.

Inspecting the law enforcement work;

3.

Consulting administrative law enforcement files and other materials; and

4.

Other ways adopted within the range of power.

Article 42

If the law enforcement organizations at the upper level find out that the law enforcement organizations at the lower level and their law enforcers have any of the circumstances as follows in law enforcement process, the administrative punishment shall be rectified or revoked, if the administrative punishment damages the lawful rights and interests of the parties, compensation shall be given in the light of the law:

1.

The subjects of law enforcement are not lawful;

2.

The procedures for law enforcement are illegal;

3.

Application of laws, regulations, and rules in the concrete administrative acts in a way erroneous; or

4.

The confiscated properties are dealt with illegally.

Article 43

Due to the circumstances as listed in Article 42 , an administrative punishment results in the following consequences, the direct principal and the main principal shall be conducted to liabilities in accordance with law, and may be suspended of or taken back of the law enforcement certificates in light of the circumstances:

1.

The decision on cultural administrative punishment shall be revoked or altered by the people's court; or

2.

The decision on cultural administrative punishment shall be revoked or altered by the reconsideration organization.

Article 44

If he or she has any of the circumstances as follows, which do not constitute a crime, the law enforcer shall be given administrative punishment in the light of law, and his or her law enforcement certificate shall be taken back; if the circumstances are serious, and a crime is constituted, he or she shall be investigated for criminal liabilities:

1.

Misusing of authority to encroach on the lawful rights and interests of citizens, legal persons, or other organizations;

2.

Seeking for or taking and accepting the properties of others by using of his power or availing of the convenience of his job, or supporting, conniving at or harboring illegal operational activities in cultural market;

3.

Failing to accept and hear or handle tip-offs of the public, or delaying or passing the buck;

4.

Divulging contents of tip-offs and the arrangements for law enforcement acts;

5.

Forging, tampering with, concealing, or destroying evidence;

6.

Asleep at the switch and resulting in serious consequences;

7.

Taking part in operational activities of culture in any form; or

8.

Other acts that seriously break laws, regulations, and rules.

Article 45

The law enforcers shall not engage in administrative law enforcement activities during the period of being suspended of the law enforcement certificates; if the law enforcement certificates are taken back, the law enforcers shall be transferred from their administrative law enforcement posts, and shall not engage in administrative law enforcement work any longer.

Chapter V Supplementary Articles

Article 46

The Cultural Market Inspection Certificate of the People's Republic of China, which is the lawful certificate for the law enforcers to perform duties, shall be supervised by the Ministry of Culture uniformly, and examined and issued by the administrative departments of culture at or above the provincial level.

The formant of the law enforcement documents shall be uniformly formulated by the Ministry of Culture, and supervised by the provincial administrative departments of culture.

Article 47

The right of interpreting these Measures shall remain with the Ministry of Culture.

Article 48

These Measures shall come into force as of the day of July 1, 2006. The Interim Measures for Cultural Market Inspection promulgated by the Ministry of Culture on November 14, 1994, and the Regulations concerning the Procedures for Cultural Administrative Punishment of the Ministry of Culture promulgated on December 31, 1997 by the Ministry of Culture, and the Interim Measures for the Prosecution of Liabilities for Faulty Administrative Law Enforcement Cases in Cultural Market promulgated on May 15, 2000 by the Ministry of Culture shall cease to be in force on the same day.