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

nistrative punishment， to inform the party of the facts， causes and legal basis for making such a decision， or refuse to hear the party's presentation of the case and defense， as stipulated in Articles 31 and 32 of this Law， the administrative punishment can not be established， unless the party has waived his right to the presentation and defense.

　　Section 3 Hearing Procedure

　　Article 42 The administrative organ before making a decision on the administrative punishment such as ordering to stop production and business， withdrawing the permit or license， or large sum of fine， shall advise the party of the right to hearing. And the administrative organ at the request of the party shall organize hearing， and the party shall not bear the expenses for the hearing. Hearing shall be organized in the following manner：

　　（1） The party shall， within 3 days after being informed by the administrative organ， notify them of the party's request for hearing；

　　（2） The administrative organ shall notify the party of the time and place of the hearing seven days before it；

　　（3） Hearing shall be held in public， with the exception that the state's or commercial secret or personal privacy is involved；

　　（4） Hearing shall be presided over by the personnel appointed by the administrative organ other than the investigators of the case and the party， submitting that the presider has direct interest in the case， have the right to apply for the withdrawal；

　　（5） The party may attend in person or appoint one or two agents to the hearing；

　　（6） At hearing the investigators state the facts of the illegal acts done by the party， present the evidence and make suggestion on administrative punishment； the party may make defense and question the evidence； and

　　（7） Written records on the hearing shall be made which shall be examined to see no error with it， and signed or stamped by the party.

　　The party who takes objection to administrative punishment on restraint of personal liberty， shall act according to the Regulations on Administrative Penalties for Public Security.

　　Article 43 Following the hearing， the administrative organ shall make the decision in accordance with the provisions of Article 38 of this Law.

　　Chapter VI Execution of Administrative Punishment

　　Article 44 After the decision on administrative punishment is made in accordance with law， the party shall execute the decision within the time limit prescribed in the decision.

　　Article 45 The execution of the administrative punishment shall not be suspended when the party refuses to accept the decision and applies for administrative reconsideration or lodge an administrative law suit， unless other wise provided by law.

　　Article 46 The administrative organ making the decision on fine shall be separated from the collecting agency of the fine.

　　The administrative organ making the decision on administrative punishments and its law administering personnels shall not collect fines on their own authority， with the exception of the fines collected on spot in accordance with Articles 47 and 48.

　　The party shall， within fifteen days from the day of receiving the statement of decision on administrative punishment， pay the fines to the appointed bank. The bank shall， after receipt of the fines， hand them directly to the state treasury.

　　Article 47 In case a decision is made on administrative punishment on spot in accordance with the provisions of Article 33 of this Law， the law administering personnels may collect fines on spot， subject to one of the following instances：

　　（1） A fine less than twenty renminbi yuan imposed according to law； or

　　（2） Fines， if not collected on spot， shall be hardly executed.

　　Article 48 Administrative organs and their law administering personnels， having made the decisions on fines in accordance with Articles 33 and 38， may collect them on spot at the request of the parties， provided the parties in remote border areas， or on waters， or in area's with inconvenient traffic， have difficulties when paying the fines to the appointed banks.

　　Article 49 Administrative organs and their law administering personnels collecting fines on spot， must issue

to the parties the uniform receipt for fines printed and issued by the financial departments of provinces， autonomous regions and municipalities directly under the central government， and without issuing the uniform receipts for fines printed and issued by the financial departments， parties have the right to refuse the payment of fines.

　　Article 50 Law administering personnels collecting fines on spot shall， within two days from the day of fine， hand the fines over to the administrative organs； fines collected on spot on waters shall be handed over to the administrative organs within two days from the day of disembarkation. Administrative organs shall within two days hand the fines over to the appointed banks.

　　Article 51 In case of failure by the party to execute the decision on administrative punishment within the prescribed time limit， the administrative organ making the decision on the punishment may take the following measures：

　　（1） In case of failure to pay the fine in time， an additional fine shall be imposed amounting to three per cent of the original fine on a daily rate basis；

　　（2） In accordance with law， the sealed up or seized property can be put to auction to pay， or appropriation of the frozen bank deposit can be made for payment of， the fine； or

　　（3） Apply to the people's court for enforcement.

　　Article 52 At the request of the party assuredly in economic difficulty， payment of fine may be postponed or made in installments， subject to the approval by the administrative organ.

　　Article 53 Illegal property which has been confiscated with the exception of those to be destroyed according to law， must be auctioned publicly or otherwise disposed of according to relevant stipulations of the state.

　　Fines， confiscated illegal earnings or proceeds of the illegal property by auction must be handed over in its entirety to the state treasury， and shall not be withheld or shared privately and secretly in any manner by any administrative organs or individuals. Financial departments shall not return in any forms to administrative organs making decisions on administrative punishments， the fines， confiscated illegal earnings or proceeds by auction of the confiscated illegal property.

　　Article 54 Administrative organs shall establish and complete the system of supervision over administrative punishments. And people's governments at county level and above shall strengthen the supervision and inspection over administrative punishments.

　　Citizens， legal persons and other organizations have the right to lodge their complaints or make report on the punishments imposed by the administrative organs. Administrative organs shall make conscientious examinations and take initiative in correction if anything is found wrong with the administrative punishments.

　　Chapter VII Legal Responsibility

　　Article 55 Where administrative organs implement administrative punishments in one of the following instances， superior administrative organs or other related departments shall order said administrative organs to make correction and may give disciplinary sanctions according to law to personnels in charge， and other personnels， bearing direct responsibility：

　　（1） No legal basis for imposing administrative punishments；

　　（2） Alterations made on one's own authority in classification and extent of administrative punishments；

　　（3） Violations of the legal procedure for administrative punishments； or

　　（4） Violations of Article 18 of this Law on entrustment of implementing punishments.

　　Article 56 If administrative organs implementing punishments on parties do not use documents and receipts specially designed for， or use those documents and receipts which are not printed and issued by lawfully appointed departments for， fines and confiscated property， the parties have the right to reject the punishments and mak

e report there on. Superior administrative organs or other related departments shall collect the illegal documents and receipts for destruction， and impose disciplinary sanctions on the personnels in charge， and other personnels， bearing direct responsibility.

　　Article 57 Where administrative organs collect fines on their own authority in violation of Article 46 of this Law or financial departments return to administrative organs fines or proceeds of auction in violation of Article 53 of this Law， superior administrative organs or related departments shall order said administrative organs or financial departments to make corrections and impose disciplinary sanctions on the personnels in charge， and other personnels， bearing direct responsibility.

　　Article 58 Fines， confiscated illegal earnings or property which have been withheld or shared privately or secretly in any manner by the administrative organs， shall be recovered by financial departments or other related departments and disciplinary sanctions shall be imposed on the personnels in charge， and other personnels， bearing direct responsibility， or if the case is so serious as to constitute a crime， criminal responsibility shall be investigated.

　　Law administering personnels abusing their authority to demand or accept and take into their possession other's property or collected fines， shall be charged with criminal responsibility if the such acts constituted an offens

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