中华人民共和国行政处罚法 THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON ADMINISTRATIVE PUNISHMENTS

（Adopted at the Fourth Session of the Eighth National People's Congress on March 17， 1996， promulgated by Order N0.63 of the President of the People's Republic of China on March 17， 1996）
颁布日期：19960317 　实施日期：19961001 　颁布单位：全国人大

　　CONTENTS

　　Chapter I General Provisions

　　Chapter II Classification and Establishment of Administrative Punishments

　　Chapter III Organs for Implementing Administrative Punishments

　　Chapter IV Jurisdiction and Application of Administrative Punishments

　　Chapter V Decision on Administrative Punishments

　　Section 1 Summary Procedure

　　Section 2 General Procedure

　　Section 3 Hearing Procedure

　　Chapter VI Execution of Administrative Punishments

　　Chapter VII Legal Responsibility

　　Chapter VIII Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This Law is enacted in pursuance of the Constitution to regulate the establishment and implementation of administrative punishments， to ensure and supervise the effective exercise of administration by the administrative organs， to safeguard public interests and social order， to protect lawful rights and interests of the citizens， legal persons or other organizations.

　　Article 2 This Law applies to the establishment and implementation of administrative punishments.

　　Article 3 Administrative punishments which shall be imposed on citizens， legal persons or other organizations for the acts committed in violation of administrative order shall be stipulated by laws， regulations or rules in accordance with this law， and shall be implemented by administrative organs in accordance with the procedure stipulated by this Law.

　　Administrative punishments shall be null and void， if they are inflicted without legal basis or without the observation of the legal procedure.

　　Article 4 Administrative punishments shall abide by the principles of being fair and just and open to the public.

　　The establishment and implementation of administrative punishments must take facts as the base and correspond to the facts， nature and seriousness of the illegal acts as well as to the extent of the harm thereby caused to the society.

　　Stipulations on imposing administrative punishments for illegal acts must be promulgated and if not， shall not serve as the legal basis for administrative punishments.

　　Article 5 Implementing administrative punishments and checking illegal acts shall adhere to the combination of punishments and education， in order to educate citizens， legal persons or other organizations to observe the law of their own accord.

　　Article 6 Citizens， legal persons or other organizations have the right to state their cases and defend themselves in respect of the administrative punishments imposed on them ， and if they refuse to accept the administrative punishments， shall have the right， according to law， to apply for administrative reconsideration or institute an administrative law suit.

　　Citizens， legal persons or other organizations who have sustained damage on account of administrative punishments imposed on them in violation of law， have the right to lodge their claims.

　　Article 7 Citizens， legal persons or other organizations， being imposed on administrative punishments for illegal acts， who have thereby caused damage to other people， shall bear civil responsibility according to law.

　　In case illegal act has constituted a crime， criminal responsibility shall be investigated according to law， and criminal punishment shall not be substituted by administrative punishments.

　　Chapter II Classification and Establishment of Administrative Punishments

　　Article 8 Classification of Administrative Punishments：

　　（1） Warning；

　　（2） Fine；

　　（3） Forfeiture of illegal earnings， forfeiture of illegal prop

erty；

　　（4） Order to stop production and business；

　　（5） Suspension or withdrawal of permits， suspension or withdrawal of licenses；

　　（6） Administrative detention； and

　　（7） Other administrative punishments as stipulated by law or administrative regulations.

　　Article 9 Various administrative punishments can be established by law.

　　Administrative punishment which restrains personal liberty can only be established by law.

　　Article 10 Administrative regulations can establish whatever administrative punishments except those restraining personal liberty.

　　Where stipulations are already formulated by law on administrative punishments for illegal acts， specific stipulations to be formulated by administrative regulations must come within the scope of acts， classification and extent stipulated by law for imposing administrative punishments.

　　Article 11 Local regulations can establish administrative punishments except those restraining personal liberty and with drawing enterprises' business licenses.

　　Where stipulations are already formulated by law or administrative regulations on administrative punishments for illegal acts， specific stipulations to be formulated by local regulations must come within the scope of acts， classification and extent stipulated by law or administrative regulations on imposing administrative punishments.

　　Article 12 Rules formulated by Ministries and Commissions under the State Council may incorporate specific stipulations on administrative punishments within the scope of acts， classification and extent stipulated by law or administrative regulations.

　　Where law and administrative regulations have not been formulated， the rules formulated by the Ministries and Commissions under the State Council referred to in the preceding paragraph， may establish administrative punishments as warning and fine for acts violating administrative order. And the limits of fines shall be stipulated by the State Council.

　　The State Council may authorize the organs directly under the State Council charged with the right to inflict administrative punishments to stipulate administrative punishments in accordance with the stipulations of the preceding paragraphs 1 and 2 of this Article.

　　Article 13 Rules 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 people's governments of provinces and autonomous regions are seated， and the people's governments of large cities approved by the State Council， can incorporate specific stipulations on administrative punishments within the scope of acts， classification and extent stipulated by law or regulations.

　　Where law and regulations have not been formulated， the rules formulated by the people's governments referred to in the preceding paragraph may establish administrative punishments as warning and fine for acts violating administrative order. And the limits for fines shall be stipulated by the standing committees of the People's Congress of the provinces， autonomous regions and municipalities directly under the central government.

　　Article 14 Any other documents of a regulative character other than those provided in Articles 9， 10， 11， 12 and 13 shall not establish administrative punishments.

　　Chapter III The Organs for Implementing Administrative Punishments

　　Article 15 Administrative punishments shall be implemented by the authorized administrative organs within the scope of their functions and 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 determine whether an administrative organ has the right to exercise relevant administrative punishments， but the right

to exercise administrative punishments restraining personal liberty can only be performed by the public security organs.

　　Article 17 Functional organizations empowered by law or regulations in charge of the administration over public affairs may implement administrative punishments within the scope of the lawful authorization.

　　Article 18 Administrative organs may， according to law， regulations and rules and within their lawful authorization， entrust the organizations qualified for the conditions stipulated in Article 19 of this Law to implement administrative punishments， and the administrative organs shall not entrust another organization or person to implement the administrative punishments.

　　The entrusting administrative organ shall be responsible for the supervision over the acts of the entrusted organization to implement the administrative punishments， and shall bear legal responsibilities consequent upon such acts.

　　The entrusted organization shall， within its authorization， implement administrative punishments in the name of the entrusting administrative organ， and shall not entrust another organization or person to implement same administrative punishments.

　　Article 19 The entrusted organization must be qualified for the following conditions：

　　（1） Organizations formed according to law and in charge of public affairs；

　　（2） Manned with personnels well-informed of related law， regulations， rules and business； and

　　（3） Where technical tests or technical appraisal are required， shall have the means to conduct such tests and appraisal.

　　Chapter IV Jurisdiction and Application of Administrative Punishments

　　Article 20 Administrative punishments come under the jurisdiction of the

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