Order
of the President
(No. 38)
The Law of the People's Republic of China on Public Security
Administration Punishments, which was adopted on August 28,
2005 at the 17th session of the Standing Committee of the
Tenth National People's Congress of the People's Republic of
China on August 28, 2005, is hereby promulgated and shall be
implemented as of March 1, 2006.
President of the People's Republic of China Hu Jintao
August 28, 2005
Law of the People's Republic of China on Public Security
Administration Punishments
(Adopted at the 17th meeting of the Standing Committee of
the 10th National People's Congress on August 28, 2005)
Contents
Chapter I General Provisions
Chapter II Categories and Application of the Punishments
Thereto
Chapter III Acts Violating the Public Security
Administration and the Punishments Thereto
Section 1 Acts Disrupting Public order and the Punishments
Thereto
Section 2 Acts Impairing Public Safety and the Punishments
Thereto
Section 3 Acts Infringing upon the Right of the Person or
Encroaching upon Right of Property and the Punishments
Thereto
Section 4 Acts Impairing the Social Administration and the
Punishments Thereto
Chapter IV Punishment Procedures
Section 1 Investigation
Section 2 Decision
Section 3 Execution
Chapter V Supervision over Law Enforcement
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to maintaining the
social security order, guaranteeing public safety,
protecting the lawful rights and interests of the citizens,
legal persons and other organizations, regulating and
ensuring the lawful fulfillment of the public security
administration duties by the public security organs and the
people's policemen.
Article 2 With regard to an act of disrupting public order,
encroaching upon the right of the person, the right of
property or impairing social administration, if it is of
social harmfulness and constitutes any crime as provided for
in the Criminal Law of the People's Republic of China, it
shall be subject to criminal liabilities. If it is not
serious enough to be subject to a criminal punishment, it
shall, in accordance with this law, be subject to public
security punishment by the public security organ.
Article 3 The provisions of this Law shall apply to the
procedures for the public security administration
punishments. If any matter is not covered by this Law, the
relevant provisions of the Administrative Punishment Law of
the People's Republic of China shall apply.
Article 4 This Law shall apply to the acts violating the
public security administration within the territory of the
People's Republic of China unless it is otherwise provided
for in any law.
This Law shall apply to the acts violating the public
security administration that occur in the vessels and
aircrafts of the People's Republic of China unless it is
otherwise provided for in any law.
Article 5 The public security administration punishments
shall be based on facts and shall be suitable for the nature
and circumstances and extent of harm to the society caused
by the act violating the public security administration.
The imposition of public security administration punishments
shall be open and impartial, shall respect and guarantee
human rights and shall protect the personal dignity of the
citizens.
The principle of combining education with punishments shall
be observed in tackling security cases.
Article 6 The people's governments at all levels shall
strengthen the comprehensive control of social security,
shall take effective measures to solve social
contradictions, enhance social harmony and maintain social
stability.
Article 7 The public security department of the State
Council shall be responsible for the public security
administration throughout the country. The public security
organs of the people's governments at all levels shall be
responsible for the public security administration within
their respective administrative division.
The jurisdiction of security cases shall be forest forth by
the public security department of the State Council.
Article 8 Where an act violating public security
administration causes any damage to any other person, the
violator or its guardian shall bear civil liabilities under
the law.
Article 9 With regard to the acts violating public security
administration, such as fight and destroy of property of any
other person due to civil disputes, if the circumstances are
lenient, the public security organ may solve them by
mediation. Upon mediation of the public security organ, if
the parties concerned reach an agreement, it shall be
exempted from punishment. If no agreement is reached, or if
an agreement has been reached but not executed, the public
security organ may punish the violator of public security
administration in accordance with this Law and inform the
parties concerned that they may lodge a civil lawsuit in the
people's court for the civil dispute concerned.
Chapter II Categories and Application of the Punishments
Thereto
Article 10 The public security administration punishments
are classified into the following categories:
(1)Warning;
(2)Pecuniary penalty;
(3)Administrative detention; and
(4)Revocation of the license issued by the public security
organ;
Any foreigner who violates the public security
administration may be given an additionally applicable time
limit for exiting China or being expelled from China.
Article 11 The drugs, obscene articles and other prohibited
articles, gambling tools, gambling stakes, tools for drug
injection, and all the tools of the violator directly used
for committing a violation of the public security
administration that are discovered in a public security case
shall be confiscated and disposed of in accordance with the
relevant provisions.
The properties gained by violating the public security
administration shall be confiscated and returned to the
victim. If there is no victim, the properties shall be
recorded down and shall be auctioned openly or shall be
disposed of in accordance with the relevant provisions of
the state, and the proceeds therefrom shall be turned over
to the state treasury.
Article 12 Where a person who attains to the age of 14 but
is less than 18 years old violates public security
administration, he shall be given a lighter or mitigated
punishment. Where a person who is less than 14 years old
violates public security administration, he (she) shall be
immune from punishment, but his guardian shall be ordered to
offer him strict custodian education.
Article 13 If a mentally insane patient causes any harmful
consequences at a time when he (she) is unable to understand
or control his own conduct, he shall be immune from
punishment, but his (her) guardian shall be ordered to keep
him under strict watch and control and give him medical
treatment. An intermittently mentally insane patient shall
be punished if he (she) violates the public security
administration when he is in a normal mental state.
Article 14 A blind or deaf-and-mute person who violates the
administration of public security may be given a lighter or
mitigated punishment or may be exempted from punishment.
Article 15 An intoxicated person who violates the
administration of public security shall be punished.
As to any intoxicated person who may face danger himself
(herself) or cause danger to the body or property of any
other person or to the public safety, a protective measure
shall be taken to control him (her) until he (she) sobers
up.
Article 16 Where a person commits two or more acts violating
public security administration, rulings shall be made
separately but shall be executed concurrently. The maximum
time period for the concurrently executed punishments as
administrative detention shall not exceed 20 days.
Article 17 Where 2 or more persons jointly commit a
violation of public security administration, they shall be
punished separately on the basis of their respective role in
the violation.
Any person who instigates, coerces or induces any other
person to violate public security administration, he (she)
shall be punished according to the act he has instigated,
coerced or induced.
Article 18 Where an entity violates public security
administration, the directly liable person-in-charge of the
entity and other directly liable persons shall be punished
in accordance with this Law. Where any other law or
administrative regulation prescribes any punishment on the
same violation, the other law or administrative regulation
shall prevail.
Article 19 Under any of the following circumstances, the
violator of public security administration shall be given a
mitigated punishment or may be exempted from punishment:
(1)The circumstances are extremely lenient;
(2)The violator has eliminated or mitigated the consequences
of the illegal act on his own initiative and has obtained
the understanding of the victim;
(3)He (She) committed the violation because he (she) is
forced or induced to do so;
(4)He (She) surrenders himself to justice and faithfully
makes a statement about the violation to the public security
organ; and
(5)He (She) has performed meritorious services.
Article 20 Under any of the following circumstances, a
violator of public security administration shall be given a
heavier punishment:
(1)Having caused rather serious consequences;
(2)Instigating, coercing or inducing any other person to
violate public security administration;
(3)Revenging on the person who reported the case to the
public security organ, the accuser, informant or witness;
(4)Having ever been subjected to any public security
administration punishment within 6 months.
Article 21 Where a violator of public security
administration is under any of the following circumstances,
if he should be given a punishment of administrative
detention under this Law, the punishment of administrative
detention shall not be executed:
(1)He (She) attains to the age of 14 but is under the age of
16;
(2)He (She) attains to the age of 16 but less than the age
of 18 and violates public security administration for the
first time;
(3)He (She) attains to the age of 70 or more; or
(4)She (is) pregnant or is breast-feeding her baby of less
than 1 year old.
Article 22 Where any violation of public security
administration has not been found by the public security
organ within 6 months, no punishment may be given
thereafter.
The time period as provided for in the preceding paragraph
shall be counted from the day when the violation is
committed. If the violation is continuous or in a state of
continuity, the time period shall be counted as of the day
when the violation ends.
Chapter III Acts Violating Public Security Administration
and the Punishments Thereto
Section 1 Acts Disrupting Public Order and the Punishments
Thereto
Article 23 Where a person commits any of the following acts,
he shall be given a warning or a pecuniary penalty. If the
circumstances are serious, he (she) shall be detained for
not less than 5 days but not more than 10 days and may be
fined 500 yuan:
(1)He (she) disturbs the order of any organ, social
organization, enterprise or public institution and makes it
impossible for the work, production, business, medical
services, teaching or scientific research to proceed
normally, but has not caused any serious loss;
(2)He (She) disturbs the order of any bus station, port,
dock, civil airport, emporium, park, exhibition hall or any
other public place;
(3)He (She) disturbs the order of any bus, trolleybus,
train, ship, aircraft or any other means of public
transport;
(4)He (She) illegally stops or board any slowly going motor
vehicle, ship, aircraft or any other means of transport and
affects the normal operation of the means of transport; or
(5)He (She) disturbs the order of any on-going election.
The principal violator who gathers a crowd to commit any of
the acts as mentioned in the preceding paragraph shall be
detained for not less than 10 days but not more than 15
days, and may be fined not more than 1, 000 yuan.
Article 24 Where a person commits any of the following acts
to disturb the order of a cultural activity, sport or any
other large scale mass activity, he (she) shall be given a
warning or fined not more than 200 yuan. If the
circumstances are serious, he (she) be detained for not less
than 5 days but not more than 10 days, and may be fined not
more than 500 yuan:
(1)Entering into the venue by force;
(2)Setting off fireworks and firecrackers or other articles
in a prohibited area by violating relevant provisions;
(3)Showing any insulting banner, scroll or other article;
(4)Besieging any referee, athlete or other working
personnel;
(5)Throwing sundries into the arena and refusing to stop
doing so after being ordered to stop; or
(6)Other acts disturbing the order of large scale mass
activities.
Where a person is given a punishment of detention due to
disturbing the order of a sport game, he (she) may ordered
not to enter into gymnasiums to watch games of the same
type. If he enters into a gymnasium by violating the
provisions, he shall be forced to leave the venue.
Article 25 Anyone who commits any of the following acts
shall be detained for not less than 5 days but not more than
10 days, and may be concurrently fined 500 yuan. If the
circumstances are relatively lenient, he (she) shall be
detained for less than 5 days or shall be fined not more
than 500 yuan:
(1)Intentionally disturbing public order by spreading any
rumor, giving false information about the situation of any
risk, epidemic disease or emergency, or by any other means;
(2) Disturbing public order by throwing any fake explosive,
toxic, radioactive or caustic substances, or any fake
infectious disease pathogen;
(3) Disturbing public order by threat to set fire, blast or
throw dangerous substances.
Article 26 Anyone who commits any of the following acts
shall be detained for not less than 5 days but not more than
10 days, and may be fined not more than 500 yuan. If the
circumstances are quite serious, he (she) shall be detained
for not less than 10 days but not more than 15 days, and may
be fined not more than 1, 000 yuan:
(1)Gang-fighting;
(2)Chasing or heading off any other person;
(3)Forcibly taking or demanding, willfully damaging,
destroying or appropriating any public or private property;
(4)Other acts of picking a quarrel and making trouble.
Article 27 Anyone who commits any of the following acts may
be detained for not less than 10 days but not more than 15
days, and may be concurrently fined not more than 1, 000
yuan. If the circumstances are relatively lenient, he (she)
shall be detained for not less than 5 days but not more than
10 days, and may be concurrently fined not more than 5, 00
yuan:
(1)Organizing, instigating, intimidating, inducing or
inciting any other person to carry out activities of any
cult or superstitious sect or secret society, or disturbing
the social order or impairing the health of any other person
by using any cult, or superstitious sect or secret society,
or superstitious activity; or
(2)Disturbing the social order or impairing the health of
any other person in the name of any religion or Qigong.
Article 28 Where anyone, who deliberately interfere with the
operation of any normal radio business or produces harmful
interference to any normally operating radio station by
violating the provisions of the state, fails to adopt
effective measures to eliminate the interference after the
relevant administrative organ points it out. If the
circumstances are serious, he (she) shall be detained for
not less than 10 days but not more than 15 days.
Article 29 Anyone who commits any of the following acts
shall be detained for not more than 5 days. If the
circumstances are relatively serious, he (she) shall be
detained for not less than 5 days but not more than 10 days:
(1)Invading a computer information system and causing any
damage by violating the provisions of the state;
(2)Deleting, modifying, increasing or interfering with the
functions of a computer information system and making the
computer information system impossible to operate normally
by violating the provisions of the state;
(3)Deleting, modifying or adding the data memorized,
processed or transmitted in a computer information system,
and the application programs of the computer information
system; or
(4)Deliberately making and spreading any destructive
programs such as computer virus and affecting the normal
operation of a computer information system.
Section 2 Acts Impairing Public Safety and the Punishments
Thereto
Article 30 Anyone who produces, buys, sells, preserves,
transports, mails, carries, uses, offers or disposes of any
dangerous substance, such as explosive, toxic, radioactive
or caustic substances or infectious disease pathogens, he
(she) shall be detained for not less than 10 days but not
more than 15 days. If circumstances are relatively lenient,
he (she) shall be detained for not less than 5 days but not
more than 10 days.
Article 31 Where any dangerous substance, such as explosive,
toxic, radioactive or caustic substances or any infectious
disease pathogen, are stolen, robbed or lost, if the liable
person fails to report according to the relevant provisions,
he (she) shall be detained for not more than 5 days. If he
(she) deliberately conceals the fact so as not to report, he
(she) shall be detained for not less than 5 days but not
more than 10 days.
Article 32 Anyone who illicitly carries any gun, ammunition,
crossbow, dagger or any other tool controlled by the state
shall be detained for not more than 5 days, and may be
concurrently fined 500 yuan. If the circumstances are
lenient, he (she) shall be given a warning or be fined not
more than 200 yuan.
Anyone who illicitly carries any gun, ammunition, crossbow,
dagger or any other tool controlled by the state into a
public place or public transport tool shall be detained for
not less than 5 days but not less than 10 days and may be
concurrently fined 500 yuan.
Article 33 Anyone who commits any of the following acts
shall be detained for not less than 10 days but not more
than 15 days:
(1)Stealing, damaging or destroying any public facilities
for oil and gas pipeline, electricity and telecom, radio and
television facilities, water conservancy and flood
prevention engineering or facilities for hydrological
monitoring and measurement, weather observation and
forecast, environment monitoring, geographical monitoring or
earthquake monitoring;
(2)Removing, damaging or destroying any border mark and
facilities such as boundary tablet, boundary marker, or
indicating facilities for territorial land or territorial
sea; or
(3)Illicitly carrying out any activity that may affect the
direction of the border (boundary) line or build any
facilities that may hamper the border (boundary)
administration.
Article 34 Anyone who steals, damages or illegally moves any
aviation facilities in use, or forces into the cockpit of
any aircraft shall be detained for not less than 10 days but
not more than 15 days.
Where a person uses any device or tool that may affect the
normal functions of the navigation system on an aircraft in
use, if he (she) refuses to stop its act after being
dissuaded from doing so, he (she) shall be detained for not
more than 5 days or shall be fined not more than 500 yuan.
Article 35 Where a person commits any of the following acts
shall be detained for not less than 5 days but not more than
10 days, and may be concurrently fined 500 yuan. If the
circumstances are relatively lenient, he (she) shall be
detained for not more than 5 days or shall be fined not more
than 500 yuan:
(1)Stealing, damaging or destroying or illicitly removing
any railway facilities, equipment, locomotive fittings and
safety signals;
(2)Placing obstacles on a railway or intentionally throwing
any object to a train;
(3)Digging holes or quarrying or obtaining sand at the
location of a railway, bridge or culvert; or
(4)Illegally establishing any crossway or road junction on a
railway.
Article 36 Where a person illegally enters into a railway
protection net or walks, sits or lie on a railway or rushes
to cross a railway when a train is coming, if he (she)
affects the safety of the train, he (she) shall be given a
warning or shall be fined not more than 200 yuan.
Article 37 Anyone who commits any of the following acts
shall be detained for not more than 5 days or shall be fined
not more than 500 yuan. If the circumstances are serious, he
(she) shall be detained for not less than 5 days but not
more than 10 days, and may be concurrently fined not more
than 500 yuan:
(1)Installing or using any power grid without approval, or
installing or using any power grid that doesn't conform to
the safety requirements;
(2)Failing to install any covering, sign or fence for a pit,
well, ridge and hole in a construction site where vehicles
and pedestrians pass, or intentionally damaging, destroying,
or removing any covering, sign and fence;
(3)Stealing, damaging or destroying any public facilities,
such as well lids and lighting devices on a road.
Article 38 Where a large scale mass culture or sport
activity is in violation of the relevant provisions, if
there is any risk of safety accident, the organizer shall be
detained for not less than 5 days but not more than 10 days,
and shall be concurrently fined not less than 200 yuan but
not more than 500 yuan. If the circumstances are relatively
lenient, he (she) detained for not more than 5 days or shall
be fined not more than 500 yuan.
Article 39 Where the business manager of a hotel,
restaurant, cinema, theatre, entertainment place,
playground, exhibition hall or any other place for public
activity causes any safety accident risk in this place by
violating the safety provisions, if he (she) refuses to make
corrections after he (she) has been ordered to make
corrections, he (she) shall be detained for not more than 5
days.
Section 3 Acts Infringing upon Personal Rights or
Encroaching upon Property Right and the Punishments Thereto
Article 40 Anyone who commits any of the following acts
shall be detained for not less than 10 days but not more
than 15 days, and shall be concurrently fined not less than
500 yuan but not more than 1, 000 yuan. If the circumstances
are relatively lenient, he (she) shall be detained for not
less than 5 days but not more than 10 days, and shall be
concurrently fined not less than 200 yuan but not more than
500 yuan:
(1)Organizing, coercing or inducing any minor who hasn't
attained to the age of 16 or a disabled person to make
terrific or cruel performances;
(2)Forcing any other person to work by violence, menace or
by any other means; or
(3)Illegally restricting the personal freedom of any other
person, illegally intruding the house of any other person or
illegally searching the body of any other person.
Article 41 Anyone who coerces, induces or uses any person to
go begging shall be detained for not less than 10 days but
not more than 15 days, and may be concurrently fined not
more than 1, 000 yuan.
Anyone who goes begging by importuning, forcibly begging or
by any other means of annoying any person shall be detained
for not more than 5 days or shall be given a warning.
Article 42 Anyone who commits any of the following acts
shall be detained for not more than 5 days or shall be fined
not more than 500 yuan. If the circumstances are relatively
serious, he (she) shall be detained for not less than 5 days
but not more than 10 days, and may be concurrently fined not
more than 500 yuan:
(1)Threatening the personal safety of any other person by
writing threat letters or by any other means;
(2)Insulting any other person openly or making up stories to
defame any other person;
(3)Attempting to make any other person subject to criminal
punishment or public security administration punishment by
making up stories and bringing a false charge against any
other person;
(4)Threatening, insulting, beating or revenging upon the
witness and his (her) close relatives;
(5)Interfering with the normal life of any other person by
sending any obscene, insulting, threatening or other
information time after time;
(6)Peeping into, sneaking photos, wiretapping or spreading
the privacy of any other person.
Article 43 Anyone who blows any person or intentionally
injures the body of any person shall be detained for not
less than 5 days but not more than 10 days, and shall be
fined not less than 200 yuan but not more than 500 yuan. If
the circumstances are lenient, he (she) shall be detained
for not more than 5 days or shall be fined not more than 500
yuan.
Anyone who commits any of the following acts shall be
detained for not less than 10 days but not more than 15
days, and shall be fined not less than 500 yuan but not more
than 1, 000 yuan:
(1)Beating or injuring any person by forming a group;
(2)Beating or injuring any person who is disabled, pregnant,
under the age of 14 or more than 60 years old; or
(3)Beating or injuring any person for two or more times, or
beating or injuring several people at a time.
Article 44 Anyone who acts indecently towards any person or
deliberately expose his body at a public place shall be
detained for not less than 5 days but not more than 10 days
if the circumstances are absolutely vile. Anyone who acts
indecently towards a disabled person, mentally insane
patient, or minor under the age of 14, or who commits any
other severe violation shall be detained for not less than
10 days but not more than 15 days.
Article 45 Anyone who commits any of the following acts
shall be detained for not more than 5 days or shall be given
a warning:
(1)Maltreating his (her) family member; the maltreated
person requests for punishing him or her; or
(2)Abandoning any person who hasn't the abilities of living
by himself and shall be supported by him (her).
Article 46 Anyone who forcibly buys and sells any goods,
forces any person to provide services or forces any person
to accept services shall be detained for not less than 5
days but not more than 10 days, and shall be concurrently
fined not less than 200 yuan but not more than 500 yuan. If
the circumstances are lenient, he (she) shall be detained
for not more than 5 days or shall be fined not more than 500
yuan.
Article 47 Anyone who stir up hatred or discrimination among
ethnic groups, or publishes any content discriminating or
insulting any minority ethnic group shall be detained for
not less than 10 days but not more than 15 days, and may be
concurrently fined 1, 000 yuan.
Article 48 Anyone who claims any other's mail in the
latter's name, concealing, destroying and discarding,
opening any other's mail without permission, or illegally
inspecting any other's mail shall be detained for not more
than 5 days or fined not more than 500 yuan.
Article 49 Anyone who steals, swindles, plunders, pillages,
extorts or intentionally damages or destroys any public or
private property shall be detained for not less than 5 days
but not more than 10 days, and may be concurrently fined 500
yuan. If the circumstances are serious, he (she) shall be
detained for not less than 10 days but not more than 15
days, and may be concurrently fined 1, 000 yuan.
Section 4 Acts Impairing the Social Administration and the
Punishments Thereto
Article 50 Anyone who commits any of the following acts
shall be given a warning or shall be fined not less than 200
yuan. If the circumstances are serious, he shall be detained
for not less than 5 days but not more than 10 days, and may
be concurrently fined 500 yuan:
(1)Refusing to execute the decision or order lawfully issued
by the people's government in an emergent situation;
(2)Obstructing any functionaries of the state organ from
performing their duties;
(3)Hindering any fire engine, ambulance, engineering
emergency-relief vehicle or police car from passing; or
(4)Forcibly rushing into the warning area or warning zone
delimited by the public organ.
Anyone who prevents the people's policemen from performing
their duties shall be given a heavier punishment.
Article 51 Anyone who commits any fraudulent act by
impersonating any functionary of the state organ or by using
any other false identity shall be detained for not less than
5 days but not more than 10 days, and may be concurrently
fined 500 yuan. If the circumstances are relatively lenient,
he (she) shall be detained for not more than 5 days or shall
be fined not more than 500 yuan.
Anyone who commits any fraudulent act by impersonating any
serviceman or policeman shall be given a heavier punishment.
Article 52 Anyone who commits any of the following acts
shall be detained for not less than 10 days but not more
than 15 days, and may be concurrently fined not more than 1,
000 yuan. If the circumstances are relatively lenient, he
(she) shall be detained for not less than 5 days but not
more than 10 days, and may be concurrently fined not more
than 500 yuan:
(1)Counterfeiting, altering, buying or selling any document,
certificate, certification document or seal of any state
organ, mass organization, enterprise, public institution or
any other organization;
(2)Buying, selling or using any counterfeited or altered
document, certificate, certification document or seal of any
state organ, mass organization, enterprise, public
institution or any other organization;
(3)Counterfeiting, altering, scalping passengers tickets for
vehicles, vessels, airplanes, artistic and cultural
performances or sport games, or other negotiable instruments
or vouchers; or
(4)Counterfeiting or altering any registration plates of
vessels, buying, selling or using any counterfeited or
altered registration plates of vessels, or altering the
serial number of the engine of a vessel.
Article 53 Where a vessel illegally enters into or moors in
an area or island banned or restricted by the state, the
person-in-charge and other relevant liable persons of the
vessel shall be fined not less than 500 yuan but not more
than 1, 000 yuan. If the circumstances are serious, he (she)
shall be detained for not more than 5 days, and shall be
fined not less than 500 yuan but not more than 1, 000 yuan.
Article 54 Anyone who commits any of the following acts
shall be detained for not less than 10 days but not more
than 15 days, and shall be concurrently fined not less than
500 yuan but not more than 1, 000 yuan:
(1)Violating the relevant provisions of the state by
carrying out activities in the name of an unregistered
social organization, and continuing to carry out activities
after the social organization is canceled;
(2)A deregistered social organization still carries out
activities in the name of the social organization; or
(3)Illegally engaging in any business that shall be subject
to the approval of the public organ under the relevant
provisions of the state.
Any of the acts as mentioned in the preceding paragraph
shall be cracked down.
Where a business operator licensed by the public organ
violates the relevant provisions of the state, if the
circumstances are serious, the public organ may revoke the
license.
Article 55 Where a person instigates or schemes any unlawful
assembly, parade or demonstration, if he (she) refuses to
stop its act after being dissuaded from doing so, he (she)
shall be detained for not less than 10 days but not more
than 15 days.
Article 56 Where a worker of a hotel fails to register the
name, type and number of the identity certificate of any
customer, or where the worker of a hotel clearly knows that
a customer is carrying dangerous substances, if he fails to
stop him from carrying the dangerous substances into the
hotel, he shall be fined not less than 200 yuan but not more
than 500 yuan.
Where a worker of a hotel knows any customer is a criminal
suspect or is wanted for arrest by the public organ, if he
(she) fails to report it to the public organ, he (she) shall
be fined not less than 200 yuan but not more than 500 yuan.
If the circumstances are serious, he (she) shall be detained
for not more than 5 days, and may be concurrently fined not
more than 500 yuan.
Article 57 A lessor of a house who rents the house to a
person without an identity certificate or who fails to
register the name, type and number of the identity
certificate of the lessee shall be fined not less than 200
yuan but not more than 500 yuan.
A lessor of a house who knows that the lessee is committing
any crime by using the rented house but fails to report it
to the public organ shall be fined not less than 200 yuan
but not more than 500 yuan. If the circumstances are
serious, he (she) shall be not less than 5 days, and may be
fined not less than 500 yuan.
Article 58 Anyone who makes noises and disturbs the normal
life of any other person by violating the legal provisions
on the prevention and control of pollution of social life
noises shall be given a warning. If he (she) fails to make
corrections after he (she) has been given a warning, he
(she) shall be fined not less than 200 yuan but not more
than 500 yuan.
Article 59 Anyone who commits any of the following acts
shall be fined not less than 500 yuan but not more than 1,
000 yuan. If the circumstances are serious, he (she) shall
be detained for not less than 5 days but not more than 10
days, and shall be concurrently fined 1, 000 yuan.
(1)If a pawnbroking worker fails to check the relevant
certifications or to perform the register formalities for
any pawn accepted by him (her), or if a he (she) clearly
knows that the pawner is a criminal suspect or the pawn is a
booty, he (she) fails to report it to the public organ;
(2)Purchasing any discarded equipment and device
specifically used for railways, oil fields, power supply,
telecommunications, mines, water conservancy or urban public
utilities;
(3)Purchasing any of booties or articles suspected to be
booties that are being searched by the public organ; or
(4)Purchasing any other articles as prohibited by the state
from being purchased.
Article 60 Anyone who commits any of the following acts
shall be detained for not less than 5 days but not more than
10 days, and shall be concurrently fined not less than 200
yuan but not more than 500 yuan:
(1)Concealing, removing, selling off, damaging or destroying
any property detained, sealed up or frozen by any
administrative law enforcement organ;
(2)Affecting the administrative law enforcement organ's
handling of a case by counterfeiting, concealing or
destroying any evidence, or providing any false testimonies,
giving any false information about the cases in question;
(3)Harboring, removing or selling on behalf of any other
person any booties which he (she) obviously knows;
(4) A criminal who is under control, is deprived of
political rights, is during the period of suspension of
execution, or is on a medical parole or is serving any other
sentence outside prison, or a person under compulsory
criminal measures according to law commits an act in
violation of any law, administrative regulation, or relevant
supervision and administration provisions of the public
security department of the State Council;
Article 61 Anyone who helps to organize or transport any
other person(s) to illegally cross the national border
(frontier) shall be detained for not less than 10 days but
not more than 15 days, and shall be concurrently fined not
less than 1, 000 yuan but not more than 5, 000 yuan.
Article 62 Anyone who knowingly facilitates any other person
to illegally cross the national border (frontier) shall be
detained for not less than 5 days but not more than 10 days,
and shall be fined not less than 500 yuan but not more than
2, 000 yuan.
Anyone who illegally crosses the national border (frontier)
shall be detained for not more than 5 days or shall fined
not more than 500 yuan.
Article 63 Anyone who commits any of the following acts
shall be given a warning or shall be fined not more than 200
yuan. If any circumstances are serious, he (she) shall be
detained for not less than 5 days but not more than 10 days,
and shall be concurrently fined not less than 200 yuan but
not more than 500 yuan:
(1) Destroying any cultural relics or historical sites of
interest under national protection by carving on, smearing
them or by any other means;
(2)Endangering the safety of cultural relics by carrying out
any activities of blasting, excavation or otherwise in
violation of the provisions of the state.
Article 64 Anyone who commits any of the following acts
shall be fined not less than 500 yuan but not more than 1,
000 yuan. If the circumstances are serious, he (she) shall
be detained for not less than 10 days but not more than 15
days, and shall be concurrently fined not less than 500 yuan
but not more than 1, 000 yuan:
(1)Driving the motor vehicle of any other person without
permission; or
(2)Driving any aircraft or motor vessel without a driving
license or driving the aircraft or motor vessel of any other
person without permission.
Article 65 Anyone who commits any of the following acts
shall be detained for not less than 5 days but not more than
10 days. If the circumstances are serious, he shall be
detained for not less than 10 days but not more than 15
days, and may be concurrently fined 1, 000 yuan:
(1)Deliberately destroying or defiling the tomb of any other
person or destroying, throwing away the skeleton or bone
ashes of any other person; or
(2)Parking any corpse at a public place or affecting the
normal life or work order of any other person for parking a
corpse, and refusing to stop his (her) act after being
dissuaded from doing so.
Article 66 Anyone who whores or goes whoring shall be
detained for not less than 10 days but not more than 15
days, and may be concurrently fined not more than 5, 000
yuan. If the circumstances are relatively lenient, he (she)
shall be detained for not more than 5 days or shall be fined
not more than 500 yuan.
Anyone who finds customers for any prostitute at a public
place shall be detained for not more than 5 days or shall be
fined not less than 500 yuan.
Article 67 Anyone who induces, shelters, introduces any
other person to prostitute shall be detained for not less
than 10 days but not more than 15 days, and may be
concurrently fined 5, 000 yuan. If the circumstances are
relatively lenient, he (she) shall be detained for not more
than 5 days or shall be fined not 500 yuan.
Article 68 Anyone who produces, transports, copies, sells or
rents any obscene book and periodical, picture, film, audio
and visual product, etc. or transmitting any obscene
information through the computer network, telephone or other
telecommunication tools shall be detained for not less than
10 days but not more than 15 days and may be concurrently
fined 3, 000 yuan. If the circumstances are relatively
lenient, he (she) shall be detained for not more than 5 days
or shall be fined not more than 500 yuan.
Article 69 Anyone who commits any of the following acts
shall be detained for not less than 10 days but not more
than 15 days, and may be concurrently fined not less than
500 yuan but not more than 1, 000 yuan:
(1)Organizing the broadcasting of any obscene audio and
video program;
(2)Organizing or making any obscene performance; or
(3)Joining people in licentious activities.
Anyone who knowingly facilitates any other person to engage
in any of the activities as mentioned in the preceding
paragraph shall be punished in accordance with the preceding
paragraph.
Article 70 Anyone who facilitates gambling for the purpose
of making profits, or participates in any gambling activity
on a relatively large sum of gambling stakes shall be
detained for not more than 5 days or shall be fined not more
than 500 yuan. If the circumstances are serious, he (she)
shall be detained for not less than 10 days but not more
than 15 days, and shall be concurrently fined not less than
500 yuan but not more than 3, 000 yuan.
Article 71 Anyone who commits any of the acts shall be
detained for not less than 10 days but not more than 15
days, and may be concurrently fined not more than 3, 000
yuan. If the circumstances are relatively lenient, he (she)
shall be detained for not more than 5 days or shall be fined
not more than 500 yuan:
(1)Illegally planting 500 opium poppies or less or a small
number of original plants for narcotics;
(2)Illegally buying, selling, transporting, carrying or
holding a small number of seeds or seedlings of mother
plants of narcotic drugs; or
(3)Illegally transporting, buying, selling, storing or
selling a small number of poppy capsules.
If a person stops committing the acts as mentioned in the
Item (1) of the preceding paragraph on his (her) initiative
before it is mature, he (she) shall not be punished.
Article 72 Anyone who commits any of the following acts
shall be detained for not less than 10 days but not more
than 15 days, and may be concurrently fined not more than 2,
000 yuan. If the circumstances are relatively lenient, he
(she) shall be detained for not more than 5 days or shall be
fined not more than 500 yuan:
(1)Illegally holding less than 200 grams of opium, heroin or
methyl amphetamine, or a small quantity of other drugs;
(2)Providing any drug to any other person;
(3)Taking or injecting any drug; or
(4)Coercing or cheating any medical worker to prescribe any
narcotic or psychotropic drug.
Article 73 Anyone who instigates, induces or cheats any
other person to take or inject any drug shall be detained
for not less than 10 days but not more than 15 days, and
shall be fined not less than 500 yuan but not more than 2,
000 yuan.
Article 74 Where a staff member of an entity of the hotel
industry, catering industry, culture and entertainment
industry or taxi industry divulges the secret information to
a violator or criminal when the public security organ
investigates into or punishes an activity, i.e. drug
addiction, gambling, whoring or going whoring, he (she)
shall be detained for not less than 10 days but not more
than 15 days.
Article 75 Anyone who interferes with the normal life of any
other person due to animal breeding shall be given a
warning. If he fails to make corrections after the warning,
or if he indulges his animal to frighten any other person,
he (she) shall be fined not less than 200 yuan but not more
than 500 yuan.
Anyone who provokes an animal to injure any other person
shall be punished in accordance with the first paragraph of
Article 43
Article 76 Where a person commits any of the acts as
mentioned in Article 67, 68 or 70, if he (she) refuses to
make corrections despite of repeated warning, he (she) may
be subject to a mandatory education measure as provided for
by the state.
Chapter IV Punishment Procedures
Section 1 Investigation
Article 77 A public security organ shall timely accept and
record any case involving a violation of the public security
administration, which is reported, charged or tipped off by
any person or entity, or any case in which the violator of
public security administration gives himself up to the
police, or transferred by any other administrative
department or by a judicial organ.
Article 78 After the public security organ accepts a case
reported, charged, tipped off by any person or entity, or
voluntarily confessed by the violator (s), if it considers
that it falls within the category of violation of public
security administration, it shall immediately begin to
investigate into it. If it considers that it doesn't fall
within the category of violation of public security
administration, it shall notify the person or entity who
reports, charges or tips off the case, or the violator who
gives himself up to police of the relevant information and
shall make an explanation.
Article 79 The public security organs and the people's
policemen shall investigate into the public security cases
in compliance with the law. It is strictly prohibited for
anyone to collect evidence by illegal methods, such as
making an interrogation by torture or extorting a confession
from the interrogated, or threatening, enticing or cheating
the interrogated.
Any proof gathered by illegal means shall not be the basis
for punishment.
Article 80 The public security organs and the people's
policemen shall keep confidential the state secrets and
business secrets to which they access when handling the
public security cases.
Article 81 When the people's policemen confront with any of
the following circumstances when handling a case, they shall
disqualify themselves. The violators of public security
administration, victims or their statutory agents may also
have the right to request them to disqualify themselves:
(1)Being partied concerned or being close relatives of any
party concerned in the case in question;
(2)They themselves or their close relatives have any
interest in the case in question;
(3)Having any other relationship with any party concerned in
this case that may affect the impartial handling of the
case.
The disqualification of the people's policeman shall be
decided by the public organ they work for. The
person-in-charge of a public security organ shall be decided
by the superior public security organ.
Article 82 Where it is necessary to summon a violator of
public security administration to accept investigation, upon
approval the person-in-charge of the case-handling
department of the public security organ, a summon
certificate shall be used for summoning him (her). With
regard to a violator of public security administration found
on the spot, the people's policeman may, after presenting
his work certificate, orally summon him (her), but shall
give explanatory notes in the interrogatory transcripts.
Public security organs shall inform the summoned of the
reasons and grounds for summoning. Anyone who refuses to
accept the summon without sufficient reasons or evades the
summon may be summoned by force.
Article 83 For anyone who violates the rules of public
security administration, the public security organ shall
make a timely interrogation after summoning him, and the
interrogation may not last more than eight hours at most.
Where the circumstances are complicated and the punishment
of administrative detention may apply according to the
present Law, the time for interrogation may not exceed
twenty four hours.
The public security organ shall inform a family member of
the summoned of the reason of summon and his whereabouts in
a timely manner.
Article 84 The interrogatory transcripts shall be presented
to the interrogated for verification. If the interrogated
cannot read, the transcripts shall be read out to him. Where
there is any omission or mistake in the transcripts, the
interrogated may suggest a supplement or correction. When
the interrogated assures that there is no error or mistake
in the transcripts, he shall affix his signature or seal to
the transcripts, to which the people's policeman who effects
the interrogation shall also affix his own signature.
Where the interrogated requests for providing written
materials by himself regarding the matters he is
interrogated of, such request shall be permitted; where
necessary, the people's policeman may also demand the
interrogated to produce written materials by himself.
To interrogate any violator of public security
administration who is under the age of sixteen, the parents
or any other guardian of the violator shall be informed to
be present.
Article 85 To interrogate a victim or any other witness, the
people's policeman may make the interrogation at the entity
where the victim or the witness works or the abode where the
victim or witness lives; where necessary, the victim or
witness may also be informed to bear witness at the public
security organ.
To interrogate the victim or any other witness at any place
other than the public security organ, the people's policeman
shall show his working certificate.
The interrogation of victims and witnesses shall be
simultaneously governed by the provisions of Article 85 of
the present Law.
Article 86 To interrogate a violator of public security
administration, a victim or any other witness who is deaf or
dumb, someone who is home at sign language shall be present
to provide assistance, and it shall be remarked on the
transcripts.
To interrogate a violator of public security administration,
a victim or any other witness who does not understand the
language which is commonly used in the local place, an
interpreter shall be equipped, which shall be remarked on
the transcripts.
Article 87 The public security organ may search the places,
articles, and persons involved in a violation of public
security administration. To conduct the search, there shall
be no less than two people's policemen present, who shall
show their working certificates and the proof of search as
issued by the public security organ of the people's
government at the county level or above. Where it is
necessary to make an immediate search, the people's
policemen may carry out an onsite search, with the exception
of searching a citizen's abode when a proof of search as
issued by the public security organ of the people's
government at the county level of above shall be produced.
The search of the body of a woman shall be conducted by a
female worker.
Article 88 Transcripts shall be made for the searches
conducted, to which the searchers, the searched and
witnesses shall affix their signatures or seals. Where the
searched refuses to affix his signature, it shall be
remarked on the transcripts by the people's policemen.
Article 89 When handling a public security administration
case, the public security organ may detain the articles
which are to be used as evidence relating to the case in
question, with the exception of the property lawfully
occupied by the victim or bone fide third party which shall
not be detained but shall be recorded down. Anything that is
irrelevant to the case in question shall not be detained.
For the detained articles, the people's policemen shall make
a check jointly with the witnesses on the spot and the
holder of the detained articles and shall produce a
checklist in duplicate, which shall bear the signature or
seal of the searchers, witnesses, and holder, with one copy
kept by the holder and the other kept in the case files for
future reference.
The detained articles shall be properly preserved and may
not be used for any other purposes. For those articles that
are not suitable for longtime keeping, they shall be dealt
with according to relevant provisions. Where it is found
that any of the detained articles is irrelevant to the case
in question, it shall be returned in a timely manner. Where
it is verified that it is the lawful property of any other
person, it shall be returned after being recorded down.
Where no person claims right to the said property or where
it is impossible to find out the right holder after six
month expires, it shall be publicly auctioned or dealt with
according to the relevant provisions of the state, and the
proceeding arising therefrom shall be turned over to the
state treasury.
Article 90 Where it is necessary to solve any controversial
issue involved in the case in question for the purpose of
clarifying the facts involved, a person with the
corresponding professional knowledge may be designated or
hired to conduct an authentication. After making the
authentication, the authenticator shall produce his opinions
of authentication, to which he shall affix his signature.
Section II Decision
Article 91 A public security punishment shall be decided by
the public security organ of the people's government on the
county level or above; in particular, a warning or a fine of
less than 500 yuan may be decided by a local police station.
Article 92 For anyone to whom it is decided to give the
punishment of administrative detention, the time for
restricting his personal freedom by coercive means taken
prior to the punishment shall be counted into the
administrative detention, with one day of personal freedom
restriction counting as one day of administrative detention.
Article 93 The public security organ may, in the handling of
a public security administration case, make a public
security punishment decision where there is no statement of
the violator but there are sufficient evidence to prove the
facts of the case in question. However, where there are
statements of the violator without the support of other
evidences, no public security punishment decision may be
made.
Article 94 The public security organ shall, before making a
public security punishment decision, inform the violator of
public security administration of the facts, reasons, and
grounds, and shall inform him of the rights that he may
enjoy according to law.
The violator of public security administration shall have
the right to make statements and defend himself. The public
security organ shall fully listen to the thoughts of the
violator of public security administration, and shall check
the facts, reasons and evidences as presented by the
violator; where any of the facts, reasons and evidences as
presented by the violator is found to hold water, it shall
be accepted by the public security organ.
The public security organ may not aggravate the punishment
as a result of the violator's making a statement or defense.
Article 95 The public security organ shall, after finishing
the investigation of a public security administration case,
make the following decisions according to the different
situations:
(1) Where there is any act to which a public security
punishment shall be given according to law, a punishment
decision shall be made according to the severity and the
specific situation of the circumstances concerned;
(2) Where no punishment is to be given according to law or
where the facts of breaking the law cannot establish, a
decision of no punishment shall be made;
(3) Where the violation is suspected to constitute any
crime, it shall be transferred to the competent organ to
subject the violator to criminal liabilities;
(4) Where it is found that the violator of public security
administration has committed any other law-breaking acts,
the public security organ shall inform the competent organ
to deal with it when it makes the decision of punishment for
the violation of public security administration.
Article 96 Where the public security organ makes a decision
of public security punishment, it shall make a written
decision of public security punishment, which shall specify
the following contents:
(1) the name, gender, and age of the person to be punished,
the name and number of the identity certificate as well as
the address of residence thereof;
(2) the facts and evidences of violation;
(3) the type of punishment and the grounds thereof;
(4) the way and term of executing the punishment;
(5) how to request for administrative reconsideration or how
to lodge an administrative lawsuit and the time limit
thereof in case the person to be punished refuses to accept
the punishment decision;
(6) the name of the public security that makes the
punishment decision and the date when the punishment
decision is made.
The written decision shall bear the seal of the public
security organ that makes the said decision.
Article 97 The public security organ shall announce the
written decision of public security punishment to the person
to be punished and shall deliver it to him on the spot.
Where it is impossible to deliver to him the written
decision on the spot, the written decision shall be served
to him within two days. Where it is decided to give him an
administrative punishment, the public security organ that
makes the decision shall inform a family member of the
person to be punished.
Where there is any victim, the public security organ shall
send a reproduction of the written decision to the victim
concerned.
Article 98 The public security organ shall, before making
the public security punishment decision of canceling the
license of the violator or impose upon the violator a fine
of 2,000 yuan or more, inform the violator of the right to
request for holding a hearing. Where the violator requests
for holding a hearing, the public security organ shall hold
a hearing according to law in a timely manner.
Article 99 The time limit for the public security organs to
handle public security cases shall not be any more than
thirty days as of the day when it accepts the case in
question; where the case is very difficult or complicated,
the time limit may be prolonged for thirty days, subject to
the approval of the public security organ on the next higher
level.
The time required by authentication for the purpose of
clarifying the facts concerned shall not be included in the
time limit for handling the case in question.
Article 100 For a violation of public security
administration with clear facts and exact evidence to which
a warning or a fine of not more than 200 yuan shall apply, a
public security punishment decision may be made on the spot.
Article 101 To make a public security punishment decision on
the spot, the people's policemen shall show their working
certificates to the violator of public security
administration and shall fill out a punishment decision. The
punishment decision shall be delivered to the punished on
the spot. If there is any victim, a copy of the decision
shall be given to the victim.
The punishment decision as mentioned in the preceding
paragraph shall state the name and violation of the
punished, the basis for punishment, amount of the fine, the
time, venue as well as the name of the public security
organ, and shall bear the signature or seal of the people's
policemen who make the punishment decision.
Where a public security punishment decision is made on the
spot, the people's policemen who make it shall, within 24
hours, report it to public security organ where they work
for archival purposes.
Article 102 If the punished refuses to accept the public
security punishment decision, he (she) may apply for
administrative reconsideration or lodge an administrative
lawsuit.
Section 3 Execution
Article 103 For a person to whom it is decided to give the
punishment of administrative detention, he shall be sent to
the detention house by the public security organ that makes
the decision for executing the decision.
Article 104 A person who is given a punishment of fine
shall, within 15 days after he (she) receives a punishment
decision, pay the fine to the designated bank. However, the
people's policemen may collect the fine under any of the
following circumstances:
(1)The fine is not more than 50 yuan and the punished raises
no objection to the fine;
(2)In a remote, on-water or unaccessible area, after the
public security organ and its policemen makes a decision of
fine in accordance with this Law, it is really difficult for
the punished to pay the fine to the designated bank and the
punished states his difficulty; or
(3)The punished has no fixed abode in the local area and it
is difficult to execute the fine in the future if the fine
is not collected on the spot.
Article 105 The people's policemen shall, within 2 days
after collecting a fine, turn the fine over to the public
security organ where they work. An on-site fine collected on
water or passenger train shall be turned over to the public
security organ within 2 days after the vessel reaches the
land or arrives at a station. The public security organ
shall put the fine into the designated bank within 2 days
after it receives it.
Article 106 To collect a fine on the spot, the policemen
shall issue to the punished a receipt of fine uniformly
produced by the public finance department of the people's
government of the province, autonomous region or
municipality directly under the Central Government. If they
fail to do so, the punished may refuse to pay the fine.
Article 107 If the punished refuses to accept the
administrative punishment detention decision and if he (she)
applies for an administrative reconsideration or lodge an
administrative lawsuit, he (she) may file an application
with the public security organ for suspending the execution
of the administrative detention. If the public security
organ believes that there will be no danger as a result of
the suspension of administrative detention, after the
punished or his (her) close relative proposes a guarantor
who meets the requirements as specified in Article 108 of
this Law or pays a bail of 200 per day, the execution of
punishment decision of administrative detention may be
suspended.
Article 108 A guarantor may meet shall following conditions:
(1)He (She) is not involved in this case;
(2)He (She) enjoys the political rights and his (her)
personal freedom is not restricted;
(3)He (She) has a registered permanent residence or fixed
abode in the local area; and
(4) He (She) is able to perform his (her) the obligations of
a guarantor.
Article 109 The guarantor shall guarantee that the
guaranteed will not evade the execution of punishment of
administrative detention.
If the guarantor fails to perform the obligations of a
guarantor, which leads to the guaranteed's evading the
execution of punishment of administrative detention, the
public security organ shall fine him (her) not more than 3,
000 yuan.
Article 110 Where a person to whom it is decided to give a
punishment of administrative detention evades the execution
thereof after a bail is paid and the administrative
detention is suspended, the security shall be confiscated
and shall be turned over to the state treasury and the
decision of administrative detention shall be still
executed.
Article 111 After a punishment decision of administrative
detention is revoked or after an administrative detention
punishment begins to be executed, the bail collected by the
public security organ shall be refunded to the payer in a
timely manner.
Chapter V Supervision over Law Enforcement
Article 112 The public security organs and the policemen
shall deal with the public security cases impartially,
strictly and efficiently in accordance with the law. None of
them may seek any private benefits therefrom.
Article 113 During the process of handling a public security
administration case, the public security organ and the
people's policemen are prohibited from beating, scolding,
maltreating or insulting any violator of public security
administration.
Article 114 A public security organ and their policemen
thereof shall be ready to accept the supervision of the
general public and citizens in handling public security
cases.
Where, in the process of handling any public security case,
a public security organ or any of its people's policemen
fails to enforce the law strictly or violate any law or
discipline, any entity or individual shall be entitled to
expose or charge against them in the public security organ
or administrative supervision organ, which shall timely deal
with the case according to its functions.
Article 115 To execute a fine in accordance with the law,
the public security organ shall, in accordance with the
relevant law or administrative regulation, separate the
decision of a fine from the collection of fine. All the
fines it has collected shall be turned over to the state
treasury.
Article 116 Where a people's policeman conducts any of the
following acts when handling a public security case, he
(she) shall be given an administrative sanction. If any
crime is constituted, he (she) shall be subject to criminal
liabilities:
(1) Making an interrogation by torture or extorting a
confession from the interrogated, inflicting physical
suffering on, maltreating or insulting any other person;
(2)Restricting the personal freedom by exceeding the time
limit for interrogation;
(3)Failing to execute the system with the decision of a fine
separated from the collection of fine, failing to turn any
confiscated property over to the state treasury according to
relevant provisions, or illegally disposing of any
confiscated property;
(4)Illegally dividing, occupying, misappropriating or
deliberately destroying any confiscated or detained
property;
(5)Using the property of a victim or failing to return the
property of a victim in a timely manner by violating the
relevant provisions;
(6)Failing to return the security in a timely manner by
violating the relevant provisions;
(7)Accepting the property of any other person or seeking
other benefits by taking the advantages of his (her)
position;
(8)Failing to issue a receipt of fine or failing to
faithfully fill in the amount of a fine after collecting the
fine on the spot;
(9)Failing to deal with the case in a timely manner after
being requested to stop a violation of public security
administration;
(10)Divulging the secret information to the suspect of a
violation or crime when punishing and investing a violation
of public security administration; or
(11)Seeking private benefits, abusing his (her) power, or
other circumstances in which he (she) fails to perform the
statutory duties.
Where the public security organ commits any of the acts as
mentioned in the preceding paragraph, the directly liable
person-in-charge and other directly liable persons shall be
given an administrative sanction accordingly.
Article 117 Where a public security organ or any of the
people's policeman encroaches upon the lawful rights and
interests of any citizen, legal person or any other
organization due its (his) exercise of power, it (he) shall
make an apology. If it (he) causes any damage, it (he) shall
liable for compensation.
Chapter VI Supplementary Provisions
Article 118 The terms "not less than", "not more than" and
"within" as mentioned in this Law include the said figure.
Article 119 This Law shall come into force as of March 1,
2006. The Regulation of the on the Administrative Penalties
for Public Security which was promulgated on September 5,
1986 and was amended and promulgated on May 12, 1994 shall
be abolished simultaneously. |