Administrative Coercion Law of the People's Republic of China
Administrative Coercion Law of the People's Republic of China
Administrative Coercion Law of the People's Republic of China
Order of the President of the People's Republic of China No.49
June 30, 2011
The Administrative Coercion Law of the People's Republic of China, adopted on June 30, 2011 at the 21st session of the Standing Committee of the 11th National People's Congress of the People's Republic of China, is hereby promulgated for implementation as from January 1, 2012.
Hu Jintao, President of the People's Republic of China
Administrative Coercion Law of the People's Republic of China
(Adopted on June 30, 2011 at the 21st session of the Standing Committee of the 11th National People's Congress of the People's Republic of China)
Contents
Chapter I General Provisions
Chapter II Types and Prescription of Administrative Coercive Measures
Chapter III Implementing Procedures of Administrative Coercive Measures
Section 1 General Provisions
Section 2 Seizure and Detainment
Section 3 Freezing
Chapter VI Procedures of Enforcement by Administrative Agencies
Section 1 General Provisions
Section 2 Enforcement of Monetary Payment Obligations
Section 3 Acting Performance
Chapter V Application for Enforcement with Courts
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution of the People's Republic of China in order to regulate prescription and implementation of administrative coercion, guarantee and supervise over lawful exercise and performance of powers and duties by administrative agencies, maintain public interest and social order, and protect the lawful interests of citizens, bodies corporate and other organizations.
Article 2 For the purposes of this Law, "administrative coercion"covers administrative coercive measures and administrative enforcement.
Administrative coercive measures shall mean that the administrative agencies, during the administration process, temporarily restrict personal freedom of citizens or temporarily take control over properties of citizens, bodies corporate and other organizations, in order to stop illegal behaviors, prevent spoilage of evidences, avoid harms and prevent danger from worsening.
Administrative enforcement shall mean that administrative agencies lawfully coerce, or request the people's courts to coerce, citizens, bodies corporate or other organizations who fail to implement administrative decisions to perform their obligations.
Article 3 The prescription and implementation of administrative coercion shall be governed by this Law.
The emergency measures or temporary measures to be taken by administrative agencies upon occurrence or imminent occurrence of emergencies, such as natural disasters, accidents, public hygiene events or public society events, shall be subject to the relevant provisions of applicable laws and administrative regulations.
The financial prudential regulatory measures and coercive technical controls against inbound and outbound goods to be taken by administrative agencies shall be subject to the relevant provisions of applicable laws and administrative regulations.
Article 4 The prescription and implementation of administrative coercion shall be subject to the authority, scope, conditions and procedures prescribed by law.
Article 5 The prescription and implementation of administrative coercion shall be appropriate. Prescription and implementation of administrative coercion is not allowed in the case where purposes of administration can be achieved with non-coercive measures.
Article 6 Administration coercion shall be educational in nature.
Article 7 Neither the administrative agency nor staff thereof may seek benefits for the agency or for the staff by making advantages of the power of administrative coercion.
Article 8 Citizens, bodies corporate or other organizations against whom the administrative agencies take administrative coercive measures shall have the right to make statement or defence and apply for administrative reconsideration or bring an administrative lawsuit in accordance with the law, and shall have the right to claim damages resulted from illegal implementation of administrative coercion by the administrative agencies.
Citizens, bodies corporate or other organizations shall have the right to claim damages resulted from illegal behaviors of courts in enforcement or from expansion of enforcement scope by courts.
Chapter II Types and Prescription of Administrative Coercive Measures
Article 9 Administrative coercive measures include the following types:
1. Restrictions on personal freedom of citizens;
2. Seizure of premises, facilities or other properties;
3. Detainment of properties;
4. Freezing deposits or remittances; and
5. Any other administrative coercive measures.
Article 10 Administrative coercive measures shall be prescribed by laws.
Where such laws are not available and provided that the matters are subject to the administration of the State Council, the administrative coercive measures can be prescribed with administrative regulations unless they fall under Item 1 or 4 of Article 9 hereof or shall be prescribed by laws.
Where such laws or administrative regulations are not available and provided that matters are subject to local administration, the administrative coercive measures can be prescribed with local regulations unless they fall under Item 2 or 3 of Article 9 hereof.
No administrative coercive measures may be prescribed with regulatory documents other than laws and regulations.
Article 11 Administrative and local regulations may not expand the objects, conditions or categories of administrative coercive measures prescribed by laws.
Administrative and local regulations may not prescribe any administrative coercive measures that have not been prescribed by laws, provided that administrative coercive measures other than those falling under Item 1 or 4 of Article 9 hereof or are required to be prescribed by laws can be prescribed with administrative regulations if they are related to certain matters which are explicitly permitted by laws to be regulated by administrative regulations.
Article 12 Administrative coercion can be enforced by:
1. Imposition of additional fine or demurrage;
2. Debiting and transferring deposit or remittance;
3. Auction sale or lawful disposal of premises, facilities or other properties which have been seized or detained;
4. Removal of obstacles or restoration of the status quo ante;
5. Acting performance; or
6. Any other means of enforcement.
Article 13 Enforcement of administrative coercion shall be prescribed by laws.
Where there are no laws available which prescribe enforcement by administrative agencies, the administrative agencies which make the administrative decisions shall apply to the courts for enforcement.
Article 14 When drafting laws or regulations in which administrative coercive measures are intended to be prescribed, the entities responsible for drafting shall solicit opinions through hearings or feasibility study seminars and explain to the promulgators about the necessity and possible impact of the administrative coercive measures as well as the opinions that have been fed back and adopted.
Article 15 The authorities prescribing administrative coercive measures shall assess the administrative coercive measures prescribed thereby on a regular basis, and amend or abolish the improper administrative coercive measures in a timely manner.
The authorities implementing administrative coercive measures may timely assess the implementation of existing administrative coercive measures and necessity of their existence, and report the opinions to the authorities prescribing such administrative coercive measures.
Citizens, bodies corporate and other organizations may propose opinions and recommendations regarding prescription and implementation of administrative coercive measures to the authorities which prescribe and implement such measures. The relevant authorities shall study and discuss such opinions and recommendations carefully and give their feedbacks through appropriate means.
Chapter III Implementing Procedures of Administrative Coercive Measures
Section 1 General Provisions
Article 16 In performing their administrative duties, administrative agencies shall implement administrative coercive measures in accordance with laws and regulations.
......