Decision of the Standing Committee of the National Peoples Congress on Amending the Law of the Peopl

administrative authority for industry and commerce.

　　If anyone who forges or sells resells a special hunting and catching license or an import or export permit， and if the circumstances are serious enough to constitute a crime， he shall be prosecuted for criminal responsibility by applying mutatis the

provisions of Article 167 of the Criminal Law

　　Article 38 Any staff member of a administrative department for wildlife who neglects his duty， abuses his power or engages in malpractices for personal gains shall be subject to administrative sanctions by the department to which he belongs or by the competent authority at a higher level； if the circumstances are serious enough to constitute a crime， he shall be prosecuted for criminal responsibility according to law.

　　Article 39 Any party who is dissatisfied with the decision on an administrative sanction may， within 15 days of receiving the notification on the sanction， make a request for reconsideration to the authority at the level next higher to the one that made the decision on the sanction； if he is dissatisfied with the decision on reconsideration made by the authority at the next higher level， he may， within 15 days of receiving the notification on the decision on reconsideration， institute legal proceedings in court. The party may also directly institute legal proceedings in the court within days of receiving the notification on the sanction. If the party neither makes a request for reconsideration， nor institutes legal proceedings in the court， nor complies with the decision on the sanction， the authority that made the decision on the sanction shall request the court to effect a compulsory execution of the decision.

　　If the party is dissatisfied with a customs penalty or a penalty for violation of public security， the matter shall be dealt with in accordance with the provisions of the Customs Law or the Regulations on Administrative Penalties for Public Security.

　　ChapterⅤ

　　Supplementary Provisions

　　Article 40 If any international treaty concerning the protection of wildlife， concluded or acceded to by the People's Republic of China， contains provisions differing from those of this Law， the provisions of the international treaty shall apply， unless the provisions are ones on which the People's Republic of China has made reservations.

　　Article 41 The administrative department for wildlife under the State Council shall， in accordance with this Law， formulate regulations for its implementation which shall go into effect after being submitted to and approved by the State Council.

　　The standing committees of the people's congresses of provinces， autonomous regions and municipalities directly under the Central Government may， in accordance with this Law， formulate measures for its implementation.

　　Article 42 This Law shall go into effect as of March 1， 1989

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