Law of the People's Republic of China on Penalties for the Violation of Public Security Administration

Law of the People's Republic of China on Penalties for the Violation of Public Security Administration

Order of the President [2005] No. 38

August 28, 2005

The Law of the People's Republic of China on Penalties for the Violation of Public Security Administration which was adopted at the 17th session of the Standing Committee of the Tenth National People's Congress on August 28, 2005 is hereby promulgated and shall come into effect on March 1, 2006.
President of the People's Republic of China: Hu Jintao

Law of the People's Republic of China on Penalties for the Violation of Public Security Administration

(Adopted at the 17th session of the Standing Committee of the Tenth National People's Congress on August 28, 2005 )

Contents

Chapter I General Provisions
Chapter II Types of Penalties and Their Application
Chapter III Acts Against the Public Security Administration and Penalties
Section 1 Acts Disturbing Public Order and Penalties
Section 2 Acts Impairing Public Security and Penalties
Section 3 Acts Infringing upon Rights of the Person and of Property and Penalties
Section 4 Acts Impeding Social Administration and Penalties
Chapter IV Procedure of Penalties
Section 1 Investigation
Section 2 Decision
Section 3 Execution
Chapter V Law Enforcement Supervision
Chapter VI Supplementary Provisions

Chapter I General Provisions
　
Article 1This Law is formulated in order to maintain the order of public security, safeguard public safety, protect the lawful rights and interests of citizens, legal persons and other organizations and regulate and guarantee the performance of the duties for public security administration by public security organs and people's police in accordance with law.
　
Article 2 A person who disturbs public order, endangers public safety, infringes on the rights of person and property or hampers social administration, which is harmful to the society and which, as provided in the Criminal Law of the People's Republic of China, constitutes a crime, shall be investigated for criminal liability in accordance with law; and if such an act is not serious enough for criminal punishment, the public security organ shall impose on him a penalty for the violation of public security administration in accordance with this Law.
　
Article 3 The provisions of this Law are applicable to the procedure of penalties for the violation of public security administration; and to cases for which no such provisions are stipulated in this Law, the relevant provisions of the Law of the People's Republic of China on Administrative Penalties shall apply.
　
Article 4 This Law shall apply to acts committed against the public security administration within the territory of the People's Republic of China, except as specifically otherwise provided for by any laws.
This Law shall be apply to acts against the public security administration committed aboard ships or aircrafts of the People's Republic of China, except as specifically otherwise provided for by any laws.
　
Article 5 A penalty for the violation of public security administration shall be based on facts and fit the nature and circumstances of the act committed against the public security administration and the extent of harm done to the society.
Penalties for the violation of public security administration shall be imposed openly and impartially, human rights shall be respected and safeguarded, and the dignity of citizens shall be protected.
The principle of combining education with penalty shall be upheld in dealing with cases of public security.
　
Article 6 People's governments at various levels shall make comprehensive improvement of public security and take effective measures to resolve social conflicts, enhance social harmony and maintain social stability.
　
Article 7 The department of public security under the State Council shall be responsible for the violation of public security administration throughout the country. The public security organs of the local people's governments at or above the county level shall be responsible for the violation of public security administration within their respective administrative areas.
Jurisdiction over the cases of public security shall be determined by the department of public security under the State Council.
　
Article 8 Where an act against the public security administration causes harm to another person, the person committing such act or his guardian shall bear civil liability in accordance with law.
　
Article 9 In respect of acts against the public security administration, such as brawling and damaging or destroying another person's property, which are caused by civil disputes, if the circumstances are relatively minor, the public security organ may dispose of them through mediation .Where the parties concerned reach an agreement through mediation by the public security organ, no penalties shall be imposed. Where no agreement is reached through mediation or the agreement, although reached, is not executed, the public security organ shall, in accordance with the provisions of this Law, impose penalties upon the persons committing the acts against the public security administration and notify the parties concerned that they may, in accordance with law , bring a civil action before a people's court in respect of the civil disputes.

Chapter II Types of Penalties and Their Application
　
Article 10 Penalties for acts against the public security administration are classified into the following types:
1. Warning;
2. Fine;
3. Administrative detention; and;
4. Revocation of licenses issued by public security organs
To a foreigner who acts against the public security administration, leaving the country within a time limit or deportation attached to a penalty may be applicable.
　
Article 11 Contraband seized in dealing with cases of public security such as drugs and pornographic objects, gambling devices, money for gambling, devices used for ingesting or injecting drugs, and the instruments owned and directly used by the persons in their acts against the public security administration shall be taken over, and shall be disposed of in accordance with relevant regulations.
The money and things of value obtained through acts against the public security administration shall be recovered and returned to the victim; and where there is no victim involved, they shall be registered and sold by auction or disposed of according to the relevant regulations of the State, and all the proceeds therefrom shall be handed over to the State Treasury.
　
Article 12 If a person who has attained to the age of 14 but not to the age of 18 commits an act against the public security administration, he shall be given a relatively light or mitigated penalty; and if a person who has not attained to the age of 14 commits such an act, he shall not be penalized, but his guardian shall be instructed to subject him to strict discipline.
　
Article 13 Where a mentally disordered person commits an act against the public security administration at the time when he is unable to recognize or control his own conduct, he shall not be penalized, but his guardian shall be instructed to keep a strict guard on him and to subject him to medical treatment. Where an intermittently insane person commits an act against the public security administration while in normal mental condition, he shall be penalized.
　
Article 14 Where a blind or deaf-mute person commits an act against the public security administration, he may be given a relatively light or mitigated penalty, or shall not be penalized.
　
Article 15 Where an intoxicated person commits an act against the public security administration, he shall be penalized.
Where an intoxicated person in a drunken state may cause danger to himself or threatens another person's personal safety or property or public safety, protective measures shall be taken to restrain him until he sobers up.
　
Article 16 Where a person commits two or more acts against the public security administration, decisions shall be made separately but executed concurrently. Where penalties of administrative detention are concurrently executed, the maximum term of such detention shall not exceed 20 days.
　
Article 17 Where an act is committed jointly against the public security administration, the persons committing such act shall be penalized separately, depending on the role played by each of them in the act.
Where a person instigates or coerces another person to act against the public security administration, or lures the person into such act, he shall be penalized according to the seriousness of the act committed as a result of his instigation, coercion or luring.
　
Article 18 Where a unit commits an act against the public security administration, the persons directly in charge and the other persons directly responsible shall be penalized in accordance with the provisions of this Law .Where other laws or administrative regulations provide that penalty shall be imposed on a unit for the same act, the unit shall be penalized in accordance with the provisions thereof.
　
Article 19 The penalty to be imposed on a person who commits an act against the public security administration shall be mitigated, or no penalty shall be imposed on him, under any of the following circumstances:
1. The adverse effects are extremely minor;
2. The person takes the initiative to remove or lessen the adverse effects, and gains the victim's forgiveness;
3. The act is committed under the coercion or luring by another person;
4. The person surrenders himself to the police and truthfully states his illegal act to the public security organ; or
5. The person has performed meritorious service.
　
Article 20 Under any of the following circumstances, a heavier penalty shall be imposed on a person who commits an act against the public security administration:
1. The adverse effects relatively serious;
2. The person instigates or coerces another person to commit an act against the public security administration, or lures the person into such act;
3. The person retaliates against the reporter, accuser, informant or witness; or
4. The person has been subjected to penalty for his act against the public security administration within the past six months.
　
Article 21 Under any of the following circumstances, the penalty of administrative detention shall not be executed against the person who has committed an act against the public security administration, although such a penalty should be imposed on him/ her in accordance with the provisions of this Law:
1. The person has attained to the age of 14 but not to the age of 16;
2. The person has attained to the age of 16 but not to the age of 18, and such act is committed for the first time;
3. The person is over 70 years old; or
4. The person is pregnant or breastfeeds her own baby who is not one year old.
　
Article 22 Where an act committed against the public security administration is not discovered by the public security organ within six months, the person committing such act shall no longer be penalized.
The period of time specified in the preceding paragraph shall be counted from the date the act is committed against the public security administration; and if such act is continual or continuing, the period of time shall commence to run from the date on which the act ends.

Chapter III Acts Against the Public Security Administration and Penalties

Section 1 Acts Disturbing Public Order and Penalties
　
Article 23 A person who commits any of the following acts shall be given a warning or be fined not more than CNY200; and if the circumstances are relatively serious, he shall be detained for not less than five days but not more than 10 days and may, in addition, be fined not more than CNY500:
1. Disturbing the order of government departments, public organizations, enterprises or institutions, thus making it impossible for work, production, business operation, medical care, teaching or scientific research to go on normally but not having caused serious losses;
2. Disturbing the public order at stations, ports, wharves, airports, department stores, parks, exhibition halls or other public places;
3. Disturbing the public order on board of buses, trolleybuses, trains, ships, aircrafts and other means of public transportation;
4. Illegally intercepting or forcibly boarding or holding on to motor vehicles, ships, aircrafts and other means of public transportation, thus hampering the normal operation of the means of public transportation; or
5. Disrupting the order of elections conducted in accordance with law
Where the acts mentioned in the preceding paragraphs are committed by a crowd, the ringleader shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than CNY1,000.
　
Article 24 A person who commits any of the following acts, thus disturbing the order of such large-scale activities of a mass character as cultural and sports activities, shall be given a warning or be fined not more than CNY200; and if the circumstances are serious, he shall be detained for not less than five days but not more than 10 days and may, in addition, be fined not more than CNY500:
1. Entering the arena by force;
2. Setting off fireworks, firecrackers or other Articles in the arena in violation of regulations;
3. Displaying such articles as humiliating slogans and streamers;
4. Joining with other persons in attacking a referee, player or any other worker;
5. Throwing odds and ends into the arena and turning a deaf ear to the order to stop; or
6. Other acts disturbing the order of large-scale mass activities.
A person on whom the penalty of detention is imposed because he disturbs the order of a sports competition may, at the same time, be ordered not to enter a stadium or gymnasium to watch a competition of the same sport within 12 months; if he enters a stadium or gymnasium in violation of the order, he shall be forcibly brought out of the spot.
　
Article 25 A person who commits any of the following acts shall be detained for not less than five days but not more than 10 days and may, in addition, be fined not more than CNY500; and if the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more than CNY500:
1.
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