Administrative Penalty Law of the People's Republic of China (Revised in 2017)
(Adopted at the Fourth Session of the Eighth National People's Congress of the People's Republic of China on March 17, 1996, amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Some Laws (Order No. 18 of the President of the People's Republic of China on August 27, 2009), and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws, including the Law of the People's Republic of China, adopted at the 29th Session of the Standing Committee of the Twelfth National People's Congress on September 1, 2017)
catalogue
Chapter 1 General Provisions
Chapter 2 Types and Establishment of Administrative Penalties
Chapter III Implementing Authorities of Administrative Penalties
Chapter 4 Jurisdiction and Application of Administrative Penalties
Chapter 5: Decision on Administrative Penalties
Section 1 Simplified Procedure
Section 2 General Procedures
Section 3 Hearing Procedure
Chapter 6 Execution of Administrative Penalties
Chapter 7 Legal Liability
Chapter 8 Supplementary Provisions
Chapter 1 General Provisions
Article 1: In order to standardize the establishment and implementation of administrative penalties, safeguard and supervise the effective implementation of administrative management by administrative organs, maintain public interests and social order, and protect the legitimate rights and interests of citizens, legal persons or other organizations, this Law is formulated in accordance with the Constitution.
Article 2: The establishment and implementation of administrative penalties shall be governed by this Law.
Article 3: If citizens, legal persons, or other organizations violate administrative management order and should be subject to administrative penalties, they shall be implemented in accordance with this Law by laws, regulations, or rules, and by administrative organs in accordance with the procedures stipulated in this Law.
Administrative penalties are invalid if there is no legal basis or if legal procedures are not followed.
Article 4: Administrative penalties shall follow the principles of fairness and transparency.
The establishment and implementation of administrative penalties must be based on facts, commensurate with the facts, nature, circumstances, and degree of social harm of the illegal act.
The regulations on administrative penalties for illegal acts must be made public; Unannounced information shall not be used as a basis for administrative penalties.
Article 5: When implementing administrative penalties and correcting illegal acts, the combination of punishment and education should be adhered to, and citizens, legal persons or other organizations should be educated to consciously abide by the law.
Article 6: Citizens, legal persons, or other organizations have the right to make statements and defend themselves against administrative penalties imposed by administrative organs; Those who are dissatisfied with administrative penalties have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
Citizens, legal persons, or other organizations who suffer damages due to administrative penalties imposed by administrative organs in violation of the law have the right to claim compensation in accordance with the law.
Article 7: Citizens, legal persons, or other organizations who are subject to administrative penalties for illegal acts and cause harm to others shall bear civil liability in accordance with the law.
Illegal behavior constitutes a crime, and criminal responsibility shall be pursued in accordance with the law. Administrative penalties shall not replace criminal penalties.
Chapter 2 Types and Establishment of Administrative Penalties
Article 8 Types of administrative penalties:
（1） Warning;
（2） Fines;
（3） Confiscate illegal gains and illegal property;
（4） Order to suspend production and business;
（5） Suspend or revoke permits, suspend or revoke licenses;
（6） Administrative detention;
（7） Other administrative penalties stipulated by laws and administrative regulations.
Article 9: The law may establish various administrative penalties.
Administrative penalties that restrict personal freedom can only be established by law.
Article 10: Administrative regulations may establish administrative penalties other than restricting personal freedom.
If the law has already made provisions for administrative penalties for illegal acts, and specific provisions need to be made in administrative regulations, they must be stipulated within the scope of the acts, types, and magnitude of administrative penalties prescribed by law.
Article 11: Local regulations may establish administrative penalties other than restricting personal freedom and revoking enterprise business licenses.
If laws and administrative regulations have already made provisions for administrative penalties for illegal acts, and local regulations need to make specific provisions, they must be stipulated within the scope of the acts, types, and magnitude of administrative penalties prescribed by laws and administrative regulations.
Article 12: The regulations formulated by the ministries and commissions of the State Council may make specific provisions within the scope, types, and magnitude of administrative penalties prescribed by laws and administrative regulations.
For those who have not yet formulated laws and administrative regulations, the regulations formulated by the State Council departments or committees as stipulated in the preceding paragraph may impose administrative penalties such as warnings or a certain amount of fines for acts that violate administrative management order. The limit of fines shall be determined by the State Council.
The State Council may authorize directly affiliated institutions with administrative penalty power to prescribe administrative penalties in accordance with the provisions of the first and second paragraphs of this article.
Article 13: The regulations formulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, the people's governments of the cities where the provinces and autonomous regions are located, and the people's governments of larger cities approved by the State Council may make specific provisions within the scope of the acts, types, and magnitude of administrative penalties prescribed by laws and regulations.
For those who have not yet formulated laws and regulations, the rules formulated by the people's government as stipulated in the preceding paragraph may impose administrative penalties such as warnings or a certain amount of fines for acts that violate administrative management order. The limit of fines shall be determined by the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 14: Except for the provisions of Articles 9, 10, 11, 12, and 13 of this Law, no other normative document shall establish administrative penalties.
Chapter III Implementing Authorities of Administrative Penalties
Article 15: Administrative penalties shall be implemented by administrative organs with the power of administrative penalties within the scope of their statutory powers.
Article 16: The State Council or the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government authorized by the State Council may decide on an administrative organ to exercise the administrative penalty power of the relevant administrative organ, but the administrative penalty power that restricts personal freedom can only be exercised by public security organs.
Article 17: Organizations authorized by laws and regulations to manage public affairs may impose administrative penalties within the scope of their legal authorization.
Article 18: Administrative organs may, in accordance with laws, regulations or rules, entrust organizations that meet the conditions stipulated in Article 19 of this Law to implement administrative penalties within their statutory authority. Administrative organs shall not entrust other organizations or individuals to impose administrative penalties.
The entrusted administrative agency shall be responsible for supervising the implementation of administrative penalties on the entrusted organization and shall bear legal responsibility for the consequences of such actions.
The entrusted organization implements administrative penalties in the name of the entrusted administrative agency within the scope of the commission; No other organization or individual shall be entrusted to impose administrative penalties.
Article 19: The entrusted organization must meet the following conditions:
（1） Public institutions established in accordance with the law to manage public affairs;
（2） Having staff familiar with relevant laws, regulations, rules, and business operations;
（3） For illegal activities that require technical inspection or appraisal, corresponding technical inspections or appraisals should be organized with conditions.
Chapter 4 Jurisdiction and Application of Administrative Penalties
Article 20: Administrative penalties shall be under the jurisdiction of the administrative authority of the local people's government at or above the county level where the illegal act occurred. Except as otherwise provided by laws and administrative regulations.
Article 21: In the event of a dispute over jurisdiction, a request shall be made to the joint higher-level administrative authority to designate jurisdiction.
Article 22: If an illegal act constitutes a crime, the administrative organ must transfer the case to the judicial organ and pursue criminal responsibility in accordance with the law.
Article 23: When administrative organs impose administrative penalties, they shall order the parties to rectify or set a deadline for rectifying illegal acts.
Article 24: For the same illegal act committed by a party, no administrative penalty of two or more fines shall be imposed.
Article 25: If a person under the age of fourteen commits an illegal act, no administrative penalty shall be imposed and their guardian shall be ordered to discipline them; If a person who has reached the age of fourteen but not yet eighteen commits an illegal act, they shall be given a lighter or mitigated administrative penalty.
Article 26: If a mentally ill person commits an illegal act when unable to recognize or control their own behavior, no administrative penalty shall be imposed, but their guardian shall be ordered to strictly supervise and treat them. Intermittent mental patients who engage in illegal behavior while maintaining normal mental state shall be subject to administrative penalties.
Article 27: If a party falls under any of the following circumstances, they shall be given a lighter or mitigated administrative penalty in accordance with the law:
（1） Proactively eliminating or mitigating the harmful consequences of illegal activities;
（2） Being coerced by others to commit illegal acts;
（3） Those who have made meritorious contributions in cooperating with administrative agencies to investigate and punish illegal activities;
（4） Other administrative penalties that are lighter or mitigated according to law.
If the illegal act is minor and promptly corrected without causing harmful consequences, no administrative penalty shall be imposed.
Article 28: If an illegal act constitutes a crime and the people's court sentences the party to criminal detention or fixed-term imprisonment, and the administrative organ has already given the party administrative detention, the corresponding sentence shall be offset in accordance with the law.
If the illegal act constitutes a crime and the people's court imposes a fine, and the administrative organ has already imposed a fine on the party, it shall be offset against the corresponding fine.
Article 29: If an illegal act is not discovered within two years, no administrative penalty shall be imposed. Unless otherwise provided by law.
The deadline stipulated in the preceding paragraph shall be calculated from the date of the illegal act; If the illegal act has a continuous or ongoing status, it shall be counted from the date of the end of the act.
Chapter 5: Decision on Administrative Penalties
Article 30: If citizens, legal persons, or other organizations violate administrative management order and should be subject to administrative penalties according to law, administrative organs must investigate the facts; If the illegal facts are unclear, no administrative penalty shall be imposed.
Article 31: Before making an administrative penalty decision, administrative organs shall inform the parties of the facts, reasons, and basis for making the administrative penalty decision, and inform the parties of their rights enjoyed in accordance with the law.
Article 32: The parties have the right to make statements and defend themselves. Administrative agencies must fully listen to the opinions of the parties involved and review the facts, reasons, and evidence presented by the parties; If the facts, reasons or evidence presented by the parties are established, the administrative organ shall adopt them.
Administrative agencies shall not increase penalties due to the defense of the parties involved.
Section 1 Simplified Procedure
Article 33: If the facts of an illegal act are conclusive and have legal basis, and an administrative penalty of not more than 50 yuan is imposed on a citizen, or a fine or warning of not more than 1000 yuan is imposed on a legal person or other organization, an administrative penalty decision may be made on the spot. The parties shall fulfill the administrative penalty decision in accordance with the provisions of Article 46, Article 47, and Article 48 of this Law.
Article 34: If law enforcement personnel make an administrative penalty decision on the spot, they shall present their law enforcement identity documents to the parties and fill out a pre formatted and numbered administrative penalty decision form. The administrative penalty decision shall be delivered to the parties on the spot.
The administrative penalty decision stipulated in the preceding paragraph shall specify the illegal act of the party, the basis for the administrative penalty, the amount of the fine, the time and place, and the name of the administrative authority, and shall be signed or stamped by law enforcement personnel.
Administrative penalty decisions made by law enforcement personnel on the spot must be reported to their respective administrative agencies for filing.
Article 35: If a party is dissatisfied with the administrative penalty decision made on the spot, they may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
Section 2 General Procedures
Article 36: In addition to the administrative penalties that can be imposed on the spot as stipulated in Article 33 of this Law, if an administrative organ discovers that a citizen, legal person, or other organization has committed an act that should be subject to administrative penalties according to law, it must conduct a comprehensive, objective, and impartial investigation and collect relevant evidence; When necessary, inspections may be conducted in accordance with the provisions of laws and regulations.
Article 37: When conducting investigations or inspections, administrative organs shall have at least two law enforcement personnel and shall present their credentials to the parties or relevant personnel. The parties or relevant personnel shall truthfully answer inquiries and assist in investigations or inspections, and shall not obstruct them. A record should be made for inquiries or inspections.
Administrative agencies may adopt the method of sampling evidence collection when collecting evidence; In cases where evidence may be lost or difficult to obtain in the future, with the approval of the head of the administrative agency, it may be registered and preserved in advance, and a timely decision shall be made within seven days. During this period, the parties or relevant personnel shall not destroy or transfer the evidence.
Law enforcement personnel who have a direct interest in the parties shall recuse themselves.
Article 38: After the investigation is concluded, the head of the administrative organ shall review the investigation results and make the following decisions based on different circumstances:
（1） If there are indeed illegal acts that should be subject to administrative penalties, administrative penalty decisions shall be made based on the severity of the circumstances and specific circumstances;
（2） If the illegal act is minor and can be exempted from administrative punishment according to law, no administrative punishment shall be imposed;
（3） If the illegal facts cannot be established, no administrative penalty shall be imposed;
（4） If the illegal act constitutes a crime, it shall be transferred to the judicial authorities.
The responsible persons of administrative organs shall collectively discuss and decide on imposing heavier administrative penalties for complex or major illegal acts.
Before the head of the administrative agency makes a decision, it shall be reviewed by personnel engaged in the review of administrative penalty decisions. Personnel who are engaged in the review of administrative penalty decisions for the first time in administrative organs shall obtain legal professional qualifications through the national unified legal professional qualification examination.
Article 39: When administrative organs impose administrative penalties in accordance with the provisions of Article 38 of this Law, they shall prepare an administrative penalty decision. The administrative penalty decision shall specify the following matters:
（1） The name or address of the parties involved;
（2） Facts and evidence of violations of laws, regulations or rules;
（3） The types and basis of administrative penalties;
（4） The method and deadline for implementing administrative penalties;
（5） The channels and deadlines for applying for administrative reconsideration or filing administrative litigation against administrative penalty decisions;
（6） The name of the administrative agency that made the administrative penalty decision and the date of the decision.
The administrative penalty decision must be stamped with the seal of the administrative authority that made the administrative penalty decision.
Article 40: The administrative penalty decision shall be delivered to the parties on the spot after the announcement; If the party concerned is not present, the administrative organ shall serve the administrative penalty decision on the party concerned within seven days in accordance with the relevant provisions of the Civil Procedure Law.
Article 41: If administrative organs and their law enforcement personnel fail to inform the parties of the facts, reasons, and basis for imposing administrative penalties in accordance with the provisions of Articles 31 and 32 of this Law, or refuse to listen to the parties' statements and defenses, the administrative penalty decision shall not be established; Except where the parties waive their right to make statements or defend themselves.
Section 3 Hearing Procedure
Article 42: Before making administrative penalty decisions such as ordering production or business suspension, revoking permits or licenses, or imposing significant fines, administrative organs shall inform the parties concerned of their right to request a hearing; If the parties request a hearing, the administrative organ shall organize a hearing. The party concerned shall not bear the cost of organizing a hearing by the administrative authority. The hearing shall be organized according to the following procedures:
（1） If the parties request a hearing, they shall submit it within three days after being notified by the administrative authority;
（2） Administrative agencies shall notify the parties of the time and location of the hearing seven days prior to the hearing;
（3） Except for cases involving state secrets, trade secrets, or personal privacy, public hearings shall be held;
（4） The hearing shall be presided over by non investigating personnel designated by the administrative authority; If the parties believe that the host has a direct interest in the case, they have the right to apply for recusal;
（5） The parties may attend the hearing in person or entrust one or two persons to act on their behalf;
（6） During the hearing, investigators present facts, evidence, and administrative penalty recommendations regarding the parties' illegal activities; The parties shall defend themselves and cross examine;
（7） A transcript should be made for the hearing; The transcript shall be signed or stamped by the parties after being reviewed for accuracy.
If the parties have objections to administrative penalties that restrict personal freedom, they shall be executed in accordance with the relevant provisions of the Public Security Administration Punishment Law.
After the hearing is concluded, the administrative organ shall make a decision in accordance with the provisions of Article 38 of this Law.
Chapter 6 Execution of Administrative Penalties
Article 44: After the administrative penalty decision is made in accordance with the law, the parties shall fulfill it within the time limit specified in the administrative penalty decision.
Article 45: If a party is dissatisfied with an administrative penalty decision and applies for administrative reconsideration or files an administrative lawsuit, the administrative penalty shall not be suspended, except as otherwise provided by law.
Article 46: The administrative authority that makes a fine decision shall be separated from the institution that collects the fine.
Except for fines collected on the spot in accordance with Article 47 and Article 48 of this Law, administrative organs and their law enforcement personnel who make administrative penalty decisions shall not collect fines on their own.
The parties shall pay the fine to the designated bank within fifteen days from the date of receiving the administrative penalty decision. Banks should accept fines and directly hand them over to the national treasury.
Article 47: If an administrative penalty decision is made on the spot in accordance with the provisions of Article 33 of this Law, law enforcement personnel may collect fines on the spot in any of the following circumstances:
（1） Impose a fine of no more than 20 yuan in accordance with the law;
（2） Difficult to execute after improper confiscation.
Article 48: In remote, waterborne, and inconvenient transportation areas, after administrative organs and their law enforcement personnel make a fine decision in accordance with the provisions of Articles 33 and 38 of this Law, if the party has difficulty paying the fine to the designated bank, the administrative organ and its law enforcement personnel may collect the fine on the spot upon the party's request.
Article 49: If administrative organs and their law enforcement personnel collect fines on the spot, they must issue a fine receipt uniformly issued by the finance department of the province, autonomous region, or municipality directly under the Central Government to the party concerned; If a fine receipt issued uniformly by the financial department is not issued, the party concerned has the right to refuse to pay the fine.
Article 50: The fines collected by law enforcement personnel on the spot shall be handed over to the administrative organ within two days from the date of collection of the fines; The fine collected on the spot on the water shall be handed over to the administrative authority within two days from the date of arrival at the shore; The administrative agency shall pay the fine to the designated bank within two days.
Article 51: If a party fails to comply with an administrative penalty decision within the prescribed time limit, the administrative authority that made the administrative penalty decision may take the following measures:
（1） If the fine is not paid upon expiration, an additional fine of 3% of the fine amount shall be imposed daily;
（2） According to legal provisions, auction off sealed or seized property or transfer frozen deposits to offset fines;
（3） Apply to the people's court for compulsory enforcement.
Article 52: If a party has financial difficulties and needs to postpone or pay fines in installments, the payment may be postponed or paid in installments upon application by the party and approval by the administrative authority.
Article 53: Except for items that should be destroyed according to law, illegal property confiscated according to law must be publicly auctioned or disposed of in accordance with relevant national regulations.
Fines, confiscation of illegal gains, or proceeds from illegal property auctions must all be turned over to the national treasury, and no administrative agency or individual may intercept, privately divide, or indirectly divide them in any form; The financial department shall not return fines, confiscated illegal gains, or auction proceeds of confiscated illegal property to the administrative authority that made the administrative penalty decision in any form.
Article 54: Administrative organs shall establish and improve a supervision system for administrative penalties. County level and above people's governments should strengthen supervision and inspection of administrative penalties.
Citizens, legal persons or other organizations have the right to appeal or report administrative penalties imposed by administrative organs; Administrative agencies should carefully review and proactively correct any errors found in administrative penalties.
Chapter 7 Legal Liability
Article 55: If an administrative authority imposes administrative penalties and falls under any of the following circumstances, the higher-level administrative authority or relevant department shall order correction, and may impose administrative sanctions on the directly responsible person in charge and other directly responsible personnel in accordance with the law:
（1） Without a statutory basis for administrative penalties;
（2） Changing the type and magnitude of administrative penalties without authorization;
（3） Violating the statutory administrative penalty procedures;
（4） Violating the provisions of Article 18 of this Law on entrusted punishment.
Article 56: If an administrative organ imposes a penalty on a party without using fines or confiscation documents, or using fines or confiscation documents issued by an illegal department, the party has the right to refuse the penalty and has the right to report it. The higher-level administrative authorities or relevant departments shall confiscate and destroy the illegal documents used, and impose administrative sanctions on the directly responsible supervisors and other directly responsible personnel in accordance with the law.
Article 57: If an administrative organ violates the provisions of Article 46 of this Law by collecting fines on its own, or if a financial department violates the provisions of Article 53 of this Law by returning fines or auction proceeds to the administrative organ, the higher-level administrative organ or relevant department shall order correction, and impose administrative sanctions on the directly responsible person in charge and other directly responsible personnel in accordance with the law.
Article 58: If an administrative organ intercepts, privately distributes, or indirectly distributes illegal gains or property that have been fined or confiscated, the financial department or relevant department shall recover them, and the directly responsible person in charge and other directly responsible personnel shall be subject to administrative sanctions in accordance with the law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be pursued in accordance with the law.
If law enforcement officers take advantage of their positions to solicit or accept property from others, confiscate fines and take them as their own, which constitutes a crime, they shall be held criminally responsible in accordance with the law; If the circumstances are minor and do not constitute a crime, administrative sanctions shall be imposed in accordance with the law.
Article 59: If an administrative organ uses or damages confiscated property, causing losses to the parties involved, it shall compensate according to law, and impose administrative sanctions on the directly responsible person in charge and other directly responsible personnel in accordance with the law.
Article 60: If an administrative organ illegally implements inspection or enforcement measures that cause damage to the personal or property of citizens or losses to legal persons or other organizations, it shall compensate according to law, and impose administrative sanctions on the directly responsible persons in charge and other directly responsible personnel in accordance with the law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be pursued in accordance with the law.
Article 61: If an administrative organ, in order to seek its own interests, fails to transfer a case that should be transferred to a judicial organ for criminal responsibility in accordance with the law, and replaces the punishment with administrative penalty, the higher-level administrative organ or relevant department shall order correction; Those who refuse to correct shall be subject to administrative sanctions against the directly responsible supervisors; Those who engage in favoritism, embezzlement, or condoning illegal activities shall be held criminally responsible in accordance with relevant provisions of the Criminal Law.
Article 62: If law enforcement personnel neglect their duties and fail to stop or punish illegal acts that should be stopped or punished, resulting in damage to the legitimate rights and interests, public interests, and social order of citizens, legal persons, or other organizations, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions in accordance with the law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be pursued in accordance with the law.
Chapter 8 Supplementary Provisions
Article 63: The specific implementation measures for the separation of fine decisions and fine collection in Article 46 of this Law shall be formulated by the State Council.
Article 64: This Law shall come into effect on October 1, 1996.
If the regulations and rules on administrative penalties formulated before the promulgation of this Law are inconsistent with this Law, they shall be revised in accordance with the provisions of this Law from the date of its promulgation and shall be completed before December 31, 1997.
Attachment:
Relevant provisions of criminal law
Article 188: Judicial personnel who engage in favoritism and fraud, knowingly subject a person who is innocent to prosecution, intentionally shield a person who is guilty from prosecution, or intentionally distort right and wrong in making judgments, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or deprivation of political rights; Those with particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than five years.