Law of the People's Republic of China on Administrative Penalties (Amended in 2017)
Law of the People's Republic of China on Administrative Penalties (Amended in 2017)
Law of the People's Republic of China on Administrative Penalties (Amended in 2017)
Order of the President of the People's Republic of China No. 76
September 1, 2017
(Adopted at the 4th Session of the 8th National People's Congress on March 17, 1996; amended for the first time according to the Decision on Amending Certain Laws passed at the 10th Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; amended for the second time according to the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Standing Committee of the 12th National People's Congress)
Table of 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 Liabilities
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 any 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.
Article 5 In imposing administrative penalties, penalties shall also be educational in nature, so that citizens, legal persons and other organizations can become aware of and understand the importance of observing the law.
Article 6 Citizens, legal persons and other organizations on whom administrative penalties are imposed by administrative organs shall have the right to state their case and the right to defend themselves; those who refuse to accept administrative penalties shall have the right to apply for administrative reconsideration, or bring an administrative lawsuit in accordance with the law.
Citizens, legal persons and other organizations that have suffered damage caused by an administrative penalty imposed by an administrative organ in violation of the law shall have the right to demand compensation in accordance with law.
Article 7 Citizens, legal persons and other organizations that are subject to administrative penalties because of a legal violation shall, in accordance with the law, bear the civil liability for the damage done to others by their unlawful act.
Where an unlawful act constitutes a crime, potential criminal responsibility shall be investigated in accordance with the law; no administrative penalty shall be imposed in the place of a criminal penalty.
Chapter II Types and Creation of Administrative Penalties
Article 8 Types of administrative penalties shall include:
1. disciplinary warnings;
2. fines;
3. confiscation of unlawfully obtained financial gains or the confiscation of unlawfully obtained property or objects of value;
4. orders for the suspension of production or business;
5. temporary suspension or rescission of a permit or the temporary suspension
or rescission of a license;
6. administrative detention; and
7. other penalties as prescribed by law and administrative rules and regulations.
Article 9 Different types of administrative penalties may be created by law.
Administrative penalties involving restrictions on the freedom of person shall only be created through laws.
Article 10 Administrative penalties, with the exception of those restricting the freedom of the person, may be created through administrative rules and regulations.
Where it is necessary to formulate specific provisions, in administrative rules and regulations, regarding the violation of laws for which administrative penalties have been formulated, they must be formulated within the limits of the acts dealing with administrative penalties and in accordance with the types and range of the penalties that have been prescribed by law.
Article 11 Administrative penalties, with the exception of restrictions on the freedom of the person and the rescission of business licenses of enterprises, may be created by local regulations.
Where it is necessary for local regulations to formulate specific provisions regarding violations of law for which administrative penalties have been formulated in laws and administrative rules and regulations, they must be formulated within the limits of the applicable laws dealing with administrative penalties and in accordance with the types and range of the penalties that have been prescribed by laws and administrative rules and regulations.
Article 12 The ministries and commissions under the State Council may, in the rules they enact, formulate specific provisions that are within the limits of the applicable laws dealing with administrative penalties and in accordance with the types and range of the penalties that have been prescribed by laws and administrative rules and regulations.
With regard to violations of administrative orders to which there are no governing laws or administrative rules and regulations, the ministries and commissions under the State Council may create administrative penalties that serve as disciplinary warnings, or institute fines, as stipulated in the preceding paragraph. The specific amounts that can be fined shall be set out by the State Council.
The State Council may authorize the departments directly under it that have the power to administer administrative penalties to formulate provisions regarding administrative penalties in accordance with the first and second paragraphs of this Article.
Article 13 The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, cities where the governments of provinces and autonomous regions are located, and the large cities approved by the State Council may, within the limits of the applicable laws dealing with administrative penalties and in accordance with the types and range of the penalties that have been prescribed by laws and administrative rules and regulations, formulate specific provisions and rules regarding administrative penalties.
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Order of the President of the People's Republic of China No. 76
September 1, 2017
(Adopted at the 4th Session of the 8th National People's Congress on March 17, 1996; amended for the first time according to the Decision on Amending Certain Laws passed at the 10th Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; amended for the second time according to the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Standing Committee of the 12th National People's Congress)
Table of 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 Liabilities
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 any 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.
Article 5 In imposing administrative penalties, penalties shall also be educational in nature, so that citizens, legal persons and other organizations can become aware of and understand the importance of observing the law.
Article 6 Citizens, legal persons and other organizations on whom administrative penalties are imposed by administrative organs shall have the right to state their case and the right to defend themselves; those who refuse to accept administrative penalties shall have the right to apply for administrative reconsideration, or bring an administrative lawsuit in accordance with the law.
Citizens, legal persons and other organizations that have suffered damage caused by an administrative penalty imposed by an administrative organ in violation of the law shall have the right to demand compensation in accordance with law.
Article 7 Citizens, legal persons and other organizations that are subject to administrative penalties because of a legal violation shall, in accordance with the law, bear the civil liability for the damage done to others by their unlawful act.
Where an unlawful act constitutes a crime, potential criminal responsibility shall be investigated in accordance with the law; no administrative penalty shall be imposed in the place of a criminal penalty.
Chapter II Types and Creation of Administrative Penalties
Article 8 Types of administrative penalties shall include:
1. disciplinary warnings;
2. fines;
3. confiscation of unlawfully obtained financial gains or the confiscation of unlawfully obtained property or objects of value;
4. orders for the suspension of production or business;
5. temporary suspension or rescission of a permit or the temporary suspension
or rescission of a license;
6. administrative detention; and
7. other penalties as prescribed by law and administrative rules and regulations.
Article 9 Different types of administrative penalties may be created by law.
Administrative penalties involving restrictions on the freedom of person shall only be created through laws.
Article 10 Administrative penalties, with the exception of those restricting the freedom of the person, may be created through administrative rules and regulations.
Where it is necessary to formulate specific provisions, in administrative rules and regulations, regarding the violation of laws for which administrative penalties have been formulated, they must be formulated within the limits of the acts dealing with administrative penalties and in accordance with the types and range of the penalties that have been prescribed by law.
Article 11 Administrative penalties, with the exception of restrictions on the freedom of the person and the rescission of business licenses of enterprises, may be created by local regulations.
Where it is necessary for local regulations to formulate specific provisions regarding violations of law for which administrative penalties have been formulated in laws and administrative rules and regulations, they must be formulated within the limits of the applicable laws dealing with administrative penalties and in accordance with the types and range of the penalties that have been prescribed by laws and administrative rules and regulations.
Article 12 The ministries and commissions under the State Council may, in the rules they enact, formulate specific provisions that are within the limits of the applicable laws dealing with administrative penalties and in accordance with the types and range of the penalties that have been prescribed by laws and administrative rules and regulations.
With regard to violations of administrative orders to which there are no governing laws or administrative rules and regulations, the ministries and commissions under the State Council may create administrative penalties that serve as disciplinary warnings, or institute fines, as stipulated in the preceding paragraph. The specific amounts that can be fined shall be set out by the State Council.
The State Council may authorize the departments directly under it that have the power to administer administrative penalties to formulate provisions regarding administrative penalties in accordance with the first and second paragraphs of this Article.
Article 13 The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, cities where the governments of provinces and autonomous regions are located, and the large cities approved by the State Council may, within the limits of the applicable laws dealing with administrative penalties and in accordance with the types and range of the penalties that have been prescribed by laws and administrative rules and regulations, formulate specific provisions and rules regarding administrative penalties.
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