中华人民共和国治安管理处罚条例（修正） REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON ADMINISTRATIVE PENALTIES FOR PUB

（Adopted at the 17th Meeting of the Standing Committee of the Sixth National People's Congress on September 5， 1986， and revised in accordance with the Decision on the Revision of the Regulations of the People's Republic of China on Administrative Penalties for Public Security adopted at the 7th Meeting of the Standing Committee of the Eighth National People's Congress on May 12， 1994）
颁布日期：19940512 　实施日期：19870101 　颁布单位：全国人大常委会

　　Contents

　　Chapter I General Provisions

　　Chapter II Types and Application of Penalties

　　Chapter III Acts Violating the Administration of Public Security and Penalties

　　Chapter IV Ruling and Enforcement

　　Chapter V Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated for the purpose of strengthening the administration of public security， maintaining social order and public safety， protecting the lawful rights of citizens and guaranteeing the smooth progress of the socialist modernization.

　　Article 2 Whoever disturbs social order， endangers public safety， infringes upon a citizen's rights of the person or encroaches upon public or private property， if such an act constitutes a crime according to the Criminal Law of the People's Republic of China， shall be investigated for criminal responsibility； if such an act is not serious enough for criminal punishment but should be given administrative penalties for public security， penalties sball be given according to these Regulations.

　　Article 3 These Regulations shall apply to acts violating the administration of public security within the territory of the People's Republic of China， except when otherwise stipulated by law.

　　These Regulations shall also apply to acts violating the administration of public security aboard ships or air borne vehicles of the People's Republic of China.

　　Article 4 ln dealing with those who violate the administration of public security， public security organs shall adhere to the principle of combining education with punishment.

　　Article 5 Acts caused by civil disputes which violate the administration of public security， such as brawling and damaging or destroying another person's property， if the adverse effects are minor， may be handled by public security organs through mediation.

　　Chapter II Types and Application of Penalties

　　Article 6 Penalties for acts violating the administration of public security are divided into three types as follows：

　　（1） warning；

　　（2） fine， ranging from a minimum of one yuan to a maximum of two hundred yuan. In cases where Articles 30， 31 and 32 in these Regulations stipulate otherwise， such provisions shall be observed； or

　　（3） detention， ranging from a minimum of one day to a maximum of fifteen days.

　　Article 7 Property obtained and contraband seized through acts violating the administration of public security shall be returned to the owner or confiscated according to relevant provisions. Instruments belonging to the offender used in acts violating the administration of public security may be confiscated according to relevant provisions. Detailed measures shall be stipulated separately by the Ministry of Public Security.

　　Article 8 When losses or injuries are caused by acts violating the administration of public security， the offender shall compensate for the loss or bear the medical expenses； if the offender is not an able person or is a person of limited ability， unable to compensate for the loss or bear the medical expenses， his guardian shall make the compensation or bear the medical expenses according to law.

　　Article 9 Acts violating the administration of public security committed by a person between fourteen and eight endears of age shall be given relatively light penalties； acts vilolating the administration of public security committed b

y a person under fourteen shall be exempted from penalties， but a reprimand may be given and his guardian shall be instructed to subject the offender to strict discipline.

　　Article 10 A mentally disordered person who violates the administration of public security at a time when he is unable to account for or to control his own conduct shall not be penalized， but his guardian shall be instructed to keep a strict guard on him and subject him to medical treatment. An intermittently insane person who violates the administration of public security while in normal mental condition shall be punished.

　　Article 11 A deaf-mute or blind person who violates the administration of public security owing to his physiological defects shall not be penalized.

　　Article 12 An intoxicated person who violates the administration of public security shall be penalized.

　　An intoxicated person who may cause danger to himself or who threatens the safety of others owing to his drunken state shall be restrained until he returns to a sober state.

　　Article 13 If a person commits two or more acts violating the administration of public security， rulings shall be made separately but executed concurrently.

　　Article 14 When acts violating the administration of public security are committed jointly by two or more persons， they shall be penalized separately according to the seriousness of each person's case.

　　Whoever instigates， coerces or induces others to violate the administration of public security shall be penalized according to the seriousness of the act he instigates， coerces or induces.

　　Article 15 For acts violating the administration of public security committed by government offices， organizations， enterprises or institutions， penalties shall be given to the persons directly responsible； if the acts are committed at the order of persons in charge of units， such persons shall be penalized at the same time.

　　Article 16 Penalties for acts violating the administration of public security shall be mitigated or exempted under any of the following circumstances：

　　（1） the adverse effects are extremely minor；

　　（2） when those responsible voluntarily admit their mistakes and correct them in time；

　　（3） when those responsible were coerced or induced by others.

　　Article 17 Heavier penalties shall be given for acts violating the administration of public security under any of the following circumstances：

　　（1） when acts have caused relatively serious consequences；

　　（2） when those responsible coerce or induce others or instigate persons under the age of eighteen to violate the administration of public security；

　　（3） when those responsible take revenge on the informants or witnesses；

　　（4） when those responsible have been repeatedly punished and refuse to amend.

　　Article 18 Acts violating the administration of public security shall not be penalized if they have not been discovered by the public security organs within six months.

　　The period of time mentioned in the paragraph above shall be counted from the day the acts violating the administration of public security are committed or from the day the acts stopped if they are continuous or continuing acts.

　　Chapter III Acts Violating be Administration of Public Security and Penalties

　　Article 19 Whoever commits one of the following acts disturbing public order， if it is not serious enough for criminal punishment， shall be detained for a maximum of fifteen days， fined a maximum of two hundred yuan or given a warning：

　　（1） disturbing the public order of government offices， organizations， enterprises or institutions， making it impossible for the work， productive or business operations， medical care， teaching or scientific research to go on smoothly but no thaving caused serious losses；

　　（2） disturbing the public order of statio

ns， wharves， civil airports， markets， bazaars， parks， theatres， entertainment centres， sports grounds， exhibition halls or other public places；

　　（3） disturbing the public order of buses， trolley buses， trains， ships and other public transit vehicles；

　　（4） gang-fighting， instigating quarrels， taking liberties with women or other indecent be haviour；

　　（5） inciting disturbances of the public order by fabricating or distorting facts， intentionally spreading rumors or by other means；

　　（6） making false reports of dangerous situations and fomenting chaos；

　　（7） refusing or obstructing state personnel who are carrying out their functions according to law， without resorting to violence and threat.

　　Article 20 Whoever commits one of the following acts impairing public security shall be detained for a maximum of fifteen days， fined a maximum of two hundred yuan or given a warning：

　　（1） carrying or keeping firearms or ammunition， or committing other acts in violation of firearms control regulations， but not serious enough for criminal punishment；

　　（2） making， selling， storing， transporting， carrying or using dangerous objects， in voilation of regulations concerning the control of dangerous objects such as explosives， deadly poisons， combustibles and radioactive elements， but not having caused serious consequences enough for criminal punishments；

　　（3） illegally manufacturing， selling or carring daggers， knives with three edges， switchblades or other types of controlled knives；

　　（4） running hotels， restaurants， theatres， entertainment centres， sports grounds， exhibition halls or other public places for mass gatherings in violation of safety provisions and refusing to improve after notification by the publi

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