Law of the People's Republic of China on Administrative Penalties
Law of the People's Republic of China on Administrative Penalties
Law of the People's Republic of China on Administrative Penalties
Order of the President of the People's Republic of China [1996] No. 63
March 17, 1996
Contents
Chapter I General Provisions
Chapter II Types and Creation of Administrative Penalties
Chapter III Organs Imposing Administrative Penalties
Chapter IV Jurisdiction and Application of Administrative Penalties
Chapter V Decisions on Administrative Penalty
Section 1 Summary Procedure
Section 2 Ordinary Procedure
Section 3 Procedure of Hearings
Chapter VI Enforcement of Administrative Penalties
Chapter VII Legal Responsibilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 Pursuant to the Constitution, this Law is enacted for the purpose of standardizing the creation and imposition of administrative penalties, ensuring and supervising the effective exercise of administration by administrative organs, safeguarding public interests and the public order, and protecting the lawful rights and interests of citizens, legal persons and other organizations.
Article 2 The creation and imposition of administrative penalties shall be governed by this Law.
Article 3 Where an administrative penalty needs to be imposed on a citizen, legal person or other organization in relation to a violation of an administrative regulation, it shall be prescribed by the laws, rules or regulations pursuant to this Law, and imposed by administrative organs in compliance with the procedure prescribed by this Law.
Administrative penalties that are not imposed in accordance with the law or in compliance with legal procedures shall be invalid.
Article 4 Administrative penalties shall be imposed in adherence to the principles of fairness and openness.
The creation and imposition of administrative penalties shall be based on the facts of the case and shall correspond to the facts, nature and gravity of the legal violation and damage done to society.
Regulations on administrative penalties to be imposed for violations of the law must be published; those which are not published shall not be effective as the basis for an administrative penalty.
......