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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:
by laws and disciplines and impartially implement the provisions, allowing no favouritism or fraudulent practices. It is forbidden to beat or abuse, mistreat or insult the offender. An administrative disciplinary sanctions ball be incurred against those who break the above mentioned provision. If such actions constitute a crime, criminal responsibility shall be investigated.

  Article 42 The public security organs shall admit their mistakes to those who are punished by mistake and return fines and confiscated property; in case the legal rights and interests of those who are so punished have been infringed upon, the loss shall be compensated for.

  Chapter V Supplementary Provisions

  Article 43 In numerical phrases containing the words “for a minimum of”, “for a maximum of” or “within” used in these Regulations, the indicated numbers are understood to be included in the time limit.

  Article 44 The enforcement measures for dealing with acts violating traffic regulations shall be formulated separately by the State Council.

  Article 45 These Regulations shall go into effect on January 1, 1987. On the same day, the Regulations of the People's Republic of China Concerning Administrative Penalties for Public Security, promulgated on October 22, 1957, shall be invalidated.

  DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS REGARDING THE REVISION OF THE REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON ADMINISTRATIVE PENALTIES FOR PUBLIC SECURITY

  (Adopted at the Seventh Meeting of the Standing Committee of the Eighth National People's Congress on May 12, 1994 and promulgated by Order No. 24 of the President of the People's Republic of China on May 12, 1994)

  The Seventh Meeting of the Standing Committee of the Eighth National People's Congress has decided, after the deliberation on the proposal submitted by the State Council regarding the Supplementary Provisions for the Regulations of the People's Republic of China on Administrative Penalties for Public Security (Draft), to make the following revisions to the Regulations of the People's Repulic of China on Administrative Penalties for Public Security:

  1. Item (5) of Article 19 shall be amended as: “inciting disturbances of the public order by fabricating or distorting facts, intentionally spreading rumours or by other means;”

  2. Item (2) of Article 20 shall be amended as: “making, selling, storing, transporting, carrying or using dangerous obje

cts, 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. Amendments shall be made to Article 24 as follows:

  a. Item (1) thereof shall be amended as: “knowingly concealing, destroying or transferring stolen goods but not serious enough for criminal punishment, or knowingly buying stolen goods;”

  b. Item (4) thereof shall be amended as: “disturbing public order, endangering public interests, damaging others' physical health or swindling property by way of superstitious sects and secret societies and feudal superstition activities, when circumstances are not serious enough for criminal punishment;”

  c. A new item shall be added thereto as Item (6): “pretending to be a social organization to carry on relevant activities without registration, or still assuming the name of a social organization to carry out activities where its registration has been revoked or where it has been dissolved or banned by order, in violation of regulations concerning the registration of social organizations but not serious enough for criminal punishment;”

  d. A new item shall be added thereto as Item (7): “committing the acts violating laws, administrative regulations and provisions of the public security department under the State Council concerning supervision and control, by those criminals or offenders who are serving their terms outside prison under the criminal punishment of public surveillance or deprivation of political rights, or under the probation of suspension of sentence or parole, or under medical treatment on parole, or under other conditions, or by those who are restrained by cirminal compulsory measures, when a new crime has not been constituted;”

  e. A new item shall be added thereto as Item (8): “posing as a state functionary in order to practise fraud, when circumstrances are not serious enough for criminal punishment.”

  4.A new paragraph shall be added to Article 31 as paragraph 2: “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.”

  This Decision shall come into effect as of the date of promulgation.

  The Regulations of the People's Repulic of China on Administrative Penalties for Public Security shall be republished after being correspondingly amended according to this Decision

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