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

e； and disciplinary sanctions shall be imposed on them if the acts are minor ones not sufficient for a crime.

　　Article 59 Administrative organs using or damaging the property held in custody， thereby causing loss or damage to the party， shall make compensation according to law， and disciplinary sanctions shall be imposed on the personnels in charge， and other personnels， bearing direct responsibility.

　　Article 60 Administrative organs implementing inspective or executive measures in violation of law， thereby causing personal or property damage to citizens， or causing loss to legal persons or other organizations， shall make compensation according to law， and disciplinary sanctions shall be imposed on the personnels in charge， and other personnels， bearing direct responsibility； criminal responsibility shall be investigated according to law if the case is so serious as to constitute a crime.

　　Article 61 Where administrative organs seek private interest for the units themselves by withholding cases which should be transferred to judicial organs according to law for determination of criminal responsibility and substitute administrative punishments for criminal punishments， superior administrative organs or other related departments shall order said administrative organs to make corrections， or otherwise impose disciplinary sanctions on the personnels in charge bearing direct responsibility， if they refuse to correct themselves. Those who play favouritism and protect illegal acts shall be charged with criminal responsibility by applying mutatis mutandis the provisions of Article 188 of the Criminal Law.

　　Article 62 Where law administering personnels who have neglected their duties resulting in failure to check or punish illegal acts which should be checked or punished， have caused damage to lawful rights of citizens， legal persons or other organizations， to public interest and social order， the personnels in charge， and other personnels， bearing direct responsibility shall be imposed on disciplinary sanctions according to law， and if the cases are so serious as to constitute crimes， criminal responsibility shall be investigated according to law.

　　Chapter VIII Supplementary Provisions

　　Article 63 The State Council shall formulate specific implementing measures on the separation of the decisions on fines from collection of the fines.

　　Article 64 This Law shall enter into force as of October 1， 1996.

　　In case any stipula

tions on administrative punishments in the Leg is lations and rules formulated prior to the promulgation of this Law are not in conformity with this Law， amendments shall be made in accordance with this Law from the day when this Law is promulgated， and said amendments shall be completed before December 31， 1997.

　　Appendix： Relevant Article of the Criminal Law

　　Article 188 Judicial personnels who play favoritism and commit irregularity， allow with knowledge an innocent person to undergo prosecution， protect with knowledge a guilty person free from being prosecuted， or intentionally make a wrong judgment by confusing the right and the wrong， shall be sentenced to a fixed-term imprisonment less than five years， criminal detention or shall be deprived of political rights， and if the case is even more serious， shall be sentenced to more than five-year imprisonment

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