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

administrative organs with the right to make administrative punishments of the people's governments at county level and above in the place where illegal acts have taken place， unless otherwise provided by law or administrative regulations.

　　Article 21 Dispute over jurisdiction shall be referred to an administrative organ common to the disputing organs at a higher level which will determine the jurisdiction.

　　Article 22 Where the illegal acts constitute crimes， the administrative organs must transfer the case to judicial organs for investigation of criminal responsibility according to law.

　　Article 23 Administrative organs， when implementing administrative punishments， shall order the parties to make， or within a specified period of time to make corrections to their illegal acts.

　　Article 24 A party shall be subjected to no more than one fine for the same illegal act as administrative punishment.

　　Article 25 Persons under the age of 14， having committed illegal acts， shall not be imposed on administrative punishments， but their guardians shall be ordered to discipline them； persons at the age of 14 but under 18 committing illegal acts shall be imposed on either light or mitigated administrative punishments.

　　Article 26 Mental patients committing illegal acts when unable to determine or control their acts， shall not be imposed on administrative punishments， but the guardians shall be ordered to look after them. Patients suffering intermittent mental disorder committing illegal acts when in normal mental order， shall be imposed on administrative punishments.

　　Article 27 Parties shall be imposed on administrative punishments， either light or mitigated， subject to one of the following instances：

　　（1） Take initiative in removing or minimizing the consequential damage；

　　（2） Commit illegal acts on account of being coerced by others；

　　（3） Contribute in cooperation with administrative organs to investigation into and handling with illegal acts； or

　　（4） Any other instances for which administrative punishments can be light or mitigated according to law.

　　No administra

tive punishment shall be imposed for trifle illegal acts which have been timely checked without causing consequent damage.

　　Article 28 Where the illegal acts constitute an offense for which criminal detention or fixed-term imprisonment has been rendered by the people's court， the administrative detention imposed on the party by the administrative organ shall， according to law， be deducted from the period of criminal detention or imprisonment.

　　Where the illegal acts constitute an offense for which fine is imposed by the people's court， the fine inflicted on the party by the administrative organ shall be set off.

　　Article 29 No administrative punishment shall be given for illegal acts which have not been discovered within two years， unless otherwise provided by law.

　　The time limit in the preceding paragraph shall be computed from the day of the occurrence of the illegal acts， or from the day of the termination of continuous or consecutive illegal acts.

　　Chapter V Decision on Administrative Punishments

　　Article 30 Where citizens， legal persons or other organizations shall according to law be given administrative punishments for acts violating administrative order， the administrative organ must ascertain the facts； no administrative punishments shall be imposed if facts about the illegal acts remain unclear.

　　Article 31 Administrative organs， before making a decision on administrative punishments， shall inform the party of the facts， causes and legal basis for making such a decision， and advise the party of the rights which the law confers on him.

　　Article 32 The party has the right to state the case and defend himself. The administrative organ must hear in full the party's opinions， and shall review and examine the facts， causes and evidence submitted by the party. The administrative organ shall adopt the facts， causes and evidence submitted by the party if they are sustainable.

　　The administrative organ shall not aggravate punishments on account of the party's statements or defense.

　　Section 1 Summary Procedure

　　Article 33 A decision on administrative punishments of a fine less than fifty renminbi yuan on citizens or less than a thousand renminbi yuan on legal persons or other organizations， or a warning， can be made on the spot for confirmed illegal acts with sound legal basis， and the party shall execute said administrative punishments according to Articles 46， 47 and 48 of this Law.

　　Article 34 Law administering personnels making a decision on administrative punishments on the spot， shall show to the party the identification certificates for administering law， and fill in the official printed form and the statement of decision on administrative punishments with serial number on it. The statement of decision on administrative punishment shall be given to the party on the spot.

　　The statement of decision on administrative punishment in the preceding paragraph shall carry the illegal acts done by the party， legal basis for the administrative punishment， sum of the fine， time and place， name of the administrative organ， and shall be signed or stamped by the law administering personnels.

　　The decision on administrative punishment， made by the law administering personnels on the spot， must be filed with their administrative organ.

　　Article 35 The party who refuses to accept the decision on administrative punishment made on the spot， may according to law apply for administrative reconsideration or lodge an administrative law suit.

　　Section 2 General Procedure

　　Article 36 Except the case， stipulated in Article 33， where the administrative punishment may be given on spot， the administrative organ， finding that administrative punishment shall according to law be inflicted on a citizen， legal person or other organization for their acts， must conduct an overall， objective， fair and jus

t investigation， collect relevant evidence， or may conduct， when necessary， an inspection according to law or regulations.

　　Article 37 No less than two law administering personnels shall be present on the scene when the administrative organ conducts investigation or inspection， and shall show their certificates to the party or related persons who should give truthful reply to inquiries and cooperate in the investigation or inspection， without obstructing the process. Written records shall be made of the inquiries or inspection.

　　The administrative organ， when collecting evidence， may take evidence by random sampling and， when evidence may possibly be lost or collected with difficulty at a later time， may preserve them with registrations being made， subject to the approval by the responsible person of the administrative organ. Decision on the disposal shall be timely made within seven days during which period the party or related persons shall not destroy or transfer such evidence. Law administering personnels， having direct concern therein with the party concerned， shall withdraw.

　　Article 38 Following the conclusion of the investigation， responsible persons of the administrative organ shall examine the findings of the investigation and according to various circumstances of the case， make the following decisions respectively：

　　（1） Decision on administrative punishment shall be made according to the seriousness and particulars of the case if there are illegal acts for which administrative punishment should be imposed；

　　（2） Administrative punishment shall not be inflicted if illegal acts are minor ones for which administrative punishments may not be inflicted according to law；

　　（3） No administrative punishment shall be imposed if illegal acts are not sustainable； and

　　（4） Illegal acts which constitute a crime shall be transferred to the judicial organ.

　　Where serious administrative punishment shall be imposed for complicated or major illegal acts， the decision shall be made through collective consideration by the responsible persons of the administrative organ.

　　Article 39 The administrative organ， inflicting administrative punishment according to Article 38 of this Law， shall draw up a statement of decision on administrative punishment. The statement of decision on the administrative punishment shall carry the following items：

　　（1） The name or title of the party and address；

　　（2） The facts and evidence concerning the violation of law， regulations or rules；

　　（3） Classification and legal basis of the administrative punishment；

　　（4） Method and time limit for executing the administrative punishment；

　　（5） Avenue and time limit for application for administrative reconsideration and for the institution of an administrative law suit， if the party refuses to accept the administrative punishment； and

　　（6） The name of the administrative organ making such punishment and the date of the decision.

　　Decision on administrative punishment must carry the official stamp of the administrative organ making the administrative punishment.

　　Article 40 The statement of decision on administrative punishment shall be delivered to the party on spot after pronouncement， and in absence of the party， the administrative organ shall， according to Civil Procedure Law， serve within seven days the statement of the decision to the party.

　　Article 41 In case the administrative organ and its law administering personnels fail， before making the decision on admi

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