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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

2009-03-24 法律英语 来源:互联网 作者:
riving motor vehicles not examined or sanctioned by traffic administration organs;

  (8) driving motor vehicles with parts not up to safety requirements;

  (9) driving motor vehicles after drinking alcoholic liquor;

  (10) instigating or coercing drivers to violate traffic regulations;

  (11) blocking traffic by putting up she

lters, building houses, setting up stalls, piling up goods or conducting other operations without approval of the appropriate department.

  Article 28 Whoever commits one of the following acts in violation of traffic regulations shall be fined a maximum of five yuan or given a warning:

  (1) driving a motor vehicle in violation of stipulations concerning loading and speed or in violation of directions indicated by traffic signs and signals;

  (2) breaking of traffic regulations by non-motorized vehicle users or pedestrians;

  (3) parking vehicles in places where parking is forbidden in express terms by traffic administration organs;

  (4) illegally installing or using special sirens or signal light equipment in motor vehicles.

  Article 29 Whoever commits one of the following acts, from item one to item three, in violation of residence control or administration of resident cards shall be fined a maximum of fifty yuan or given a warning; whoever commits an act in item four or item five shall be fined a maximum of one hundred yuan or given a warning:

  (1) failing to register for residence or apply for a resident card according to regulations, in disregard of the notice of the public security organs;

  (2) faking a residence registration or assuming another person's residence registration or resident card;

  (3) deliberately altering a residence certificate;

  (4) failing to register hotel guests according to regulations;

  (5) failing to report and register lodgers according to regulations in letting a house or bed to another person.

  Article 30 Prostitution, whoring, pandering or housing prostitution or whoring with a prostitute is strictly forbidden. Whoever breaks the above ban shall be detained for a maximum of fifteen days, given a warning, made to sign a statement of repentance or given re-education through labour according to regulations, and may be concurrently fined a maximum of five thousand yuan. Criminal responsibility shall be investigated if the actions constitute a crime.

  Whoring with a girl under the age of fourteen shall be dealt with as rape according to the provisions of Article 139 of the Criminal Law.

  Article 31 Planting opium poppy and other raw narcotics in violation of government decrees is strictly forbidden. Whoever violates the above decree shall be detained for a maximum of fifteen days and may be fined simply or concurrently a maximum of three thousand yuan, in addition to having his opium poppy and other narcotic plants rooted out; criminal responsibility shall be investigated if the actions constitute a crime.

  Whoever transports, deals in, stores or uses poppy shells illegally shall be detained for a maximum of fifteen days and may be fined simply or concurrently a maximum of three thousand yuan, in addition to seizure on his poppy shells such transported, dealt in, stored or used; criminal responsibility shall be investigated if the actions constitute a crime.

  Article 32 The following acts are strictly forbidden:(1) gambling or facilitating gambling;

  (2) making, duplicating, selling, lending or distributing pornographic books, pictures, videotapes or other pornographic objects.

  Whoever commits one of the above acts shall be detained for a maximum of fifteen days, fined simply or concurrently a maximum of three thousand yuan or given re-education through labour according to regulations. Criminal responsibility shall be investigated if the actions constitute a crime.

  Chapter IV Ruling and Enforcement

  Article 33 Penalties for acts violating the administration of public security shall be ruled on by the city or county public security bureaus or sub-bureaus or public security organs equivalent to the county level.

  Warnings and fines of a maximum of fifty yuan can be ruled on by local police stations; in rural areas wh

ere there is no local police station, the people's government of a township or town can be entrusted with the ruling.

  Article 34 Warnings and fines of a maximum of fifty yuan involving persons who violate the administration of public security, or fines exceeding fifty yuan with no objections from the offenders, may be imposed on the spot by the public security officials.

  Other penalties for persons who violate the administration of public security shall follow the following procedures:

  (1) Summons. A summoning warrant shall be issued by a public security organ when it is necessary to summon an offender. A person discovered committing an offense may be summoned verbally. Whoever refuses to be summoned or avoids summons without good reasons shall be summoned compulsorily.

  (2) Interrogation. Whoever violates the administration of public security should honestly answer to the interrogation by public security organs. A written record of the interrogation should be made. After checking the record and finding no mistake, the person interrogated shall sign or seal the written statement, and the interrogator shall also sign the same document.

  (3) Obtaining evidence. Active support and cooperation shall be rendered by the departments and citizens concerned to the public security organs in the course of obtaining evidence. Honest statements shall be given by witnesses during the inquiry, and written statements shall be made, which shall be signed or sealed by the witnesses after checking and finding no error.

  (4) Ruling. A ruling shall be made according to relevant provisions of these Regulations if the facts of violating the administration of public security are obvious and evidence is confirmed after interrogation and investigation.

  A written ruling on the punishment should be made and declared to the offender immediately. Three copies of such a ruling shall be made and distributed to the offender himself, his work unit and the local police station of his permanent abode. The enforcement of the ruling shall be assisted by his work unit and the local police station.

  (5) After being summoned to the public security organ, the offender should be interrogated and investigated promptly. The time of interrogation and investigation shall not exceed twenty-four hours in complicated cases subject to detainment according to these Regulations.

  Article 35 Whoever shall be detained should receive the penalty in a specified detention house over a specified time. Compulsory detainment shall be used against one who resists enforcement of the punishment.

  During the time of detention the detainee's food costs shall be paid by himself.

  Article 36 A fine shall be paid by the offender on the spot to the public security officials or paid to the appointed public security organs within five days after receiving the notice of fine or written ruling. Failure to pay a fine in time without good cause shall be punished by an addition of one to five yuan per day. Whoever refuses to pay a fine shall be detained for a maximum of fifteen days and shall still be subject to the fine.

  Receipt for payment of a fine shall be given to the offender by the public security organ or officials as soon as the fine is received.

  The entire fine shall be delivered to the state treasury.

  Article 37 A receipt shall be given to the offender after the penalty of confiscation is enforced by the ruling organs. All the property confiscated shall be delivered to the state treasury. Property stolen, robbed, swindled, or extorted, with the exception of contraband, shall be returned according to law to the original owners, to be located within six months.

  Article 38 Whoever is required by a ruling to make reparations for loss or to bear medical cost shall deliver the cost to the organ making the ruling for transmission within five days after recei

ving the written ruling. Payments by instalments may be accepted if the amount is large. In case the offender denies responsibility, the organs making the ruling shall notify his work unit to deduct the reparations from his salary or retain his property to be converted into payment.

  Article 39 If an offender or victim protests the ruling of the public security organ or the people's governments of townships or towns, he may petition the public security organs at the next higher level within five days after receiving the notice, and the public security organs at the next higher level shall make a new ruling within five days after receiving the petition. Whoever protests the ruling of the public security organ at the next higher level may file suit with the local people's court within five days after the notice.

  Article 40 The original ruling shall continue to be executed during the time a petition or suit against the penalty for violating the administration of public security is taking place.

  In case a guarantor can be found or bail bas been paid according to regulations by the detainee or his family, the original ruling can be suspended temporarily during the time a petition or suit is taking place. When the ruling is revoked or starts to be enforced, the bail shall be returned according to regulations.

  Article 41 In implementing these Regulations, the public security officials should strictly abide

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