著作权行政处罚实施办法 Decree of the National Copyright Administration of the PRC

ect matter without double punishment）For the same misbehaviors by the parties concerned for which other administrative authorities have imposed fines， the competent administration of copyrights will no longer impose fines， but may still impose other categories of administrative punishment as specified by Article 4 of the Mea

sures in consideration of the actual circumstances.

　　Article 33 （Hearing criteria）Before deciding on imposing big amount of fines or other administrative punishment requiring for hearing according to the provisions of laws or administrative regulations， the competent administration of copyrights shall notify the parties concerned of the rights for requiring for a hearing.

　　The big amount of fine herein refers to fines no less than RMB20，000 for individuals and fines no less than RMB100，000 for unit， provided the local regulations and stipulations shall apply if otherwise specified.

　　Article 34 （Hearing）In case the parties concerned require for a hearing， the competent administration of copyrights shall arrange the hearing according to the provision of Article 42 of the Administrative Punishment Law， for which the parties concerned shall not undertake any expenses for arrangement of such hearing.

　　Article 35 （Legal documents）In case the competent administration of copyrights decides on imposition of administrative punishment， a resolution should be prepared on such administrative punishment.

　　In case the competent administration of copyrights decides on no imposition of administrative punishment for minor misbehaviors， a notice should be prepared on not imposing administrative punishment， indicating the facts， reasons and basis for not imposing administrative punishment， which should be served to the parties concerned；in case the facts based on which the misbehaviors are alleged， a notice on the results of the investigation should be prepared， which should be served to the parties concerned.

　　For transferring the case to the judicial department for investigation and treatment， the competent administration of copyrights shall prepare a documents relating to transfer of the case of suspected crimes， which should be timely transferred to the judicial department of jurisdiction together with the relevant materials and evidences.

　　Article 36 （Service）The resolution on administrative punishment should be delivered to the parties concerned directly after announcement by the competent administration of copyrights. In case the parties concerned are not present， the resolution should be served to the parties concerned within 7 days.

　　Article 37 （Application for administrative reconsideration and petition for administrative proceedings） If objecting to the administrative punishment by the National Copyright Administration， the parties concerned may petitions for the National Copyright Administration to carry out administrative reconsideration； if objecting to the administrative punishment by the local competent administration of copyrights， the parties concerned may apply for administrative reconsideration with the people's government of the same level or the superior competent administration of copyrights.

　　If objecting to the administrative punishment or the decisions from the administrative reconsideration， the parties concerned may bring forth administrative proceedings by force of law.

　　Chapter IV Enforcement Procedures

　　Article 38 （Performance of the findings of punishment）The parties concerned shall perform the administrative punishment within the time schedule specified by the decision on the administrative punishment upon receipt of such decision.

　　In case the parties concerned petition for administrative reconsideration or administrative proceedings， the enforcement of the administrative punishment shall not stop unless otherwise stipulated by law.

　　Article 39 （Disposal of confiscated articles） The confiscated infringing duplicates shall be destroyed or be properly disposed with consent of the infringed.

　　When destroying the infringing duplicates， the competent administration of copyrights shall assign no less than two enforcement personnel for supervision over the destruction process， verify the results

of the destruction and prepare the destruction records.

　　In terms of the confiscated materials， tools and devices mainly used for making the infringing duplicates， the competent administration of copyrights shall proceed by auction according to law or according to the relevant state provisions.

　　Article 40 （Substitution performance）The decisions made by the superior competent administration of copyrights on imposing administrative punishment may be performed by the subordinate competent administration of copyrights entrusted. The entrusted subordinate competent administration of copyrights for substitution performance shall report the results of the substitution performance to the superior the competent administration of copyrights.

　　Chapter V Supplementary Provisions

　　Article 41 （Statistics of administrative punishment）The competent administration of copyrights shall establish the statistic system of administrative punishment of copyrights according to the state statistic law and submit to the superior the competent administration of copyrights the statistic report on the administrative punishment of copyrights once a year.

　　Article 42 （Filing of docket and archive）Upon the completion of the enforcement of the decisions of the administrative punishment or administrative reconsideration， the competent administration of copyrights shall timely docket the case material on archive.

　　The materials to be filed on archive mainly include： decisions of administrative punishment， examination and approval of filing of the case， report on investigation of the case， review report， decision on the reconsideration， written records of the hearing， report on hearing， evidential materials， documents for treatment and disposal of property and articles， and other relevant materials.

　　Article 43 （Preparation of legal documents）The relevant legal documents involved in the Measures shall be prepared by reference with the document formats determined by the National Copyright Administration.

　　Article 44 （Implementation）The Measures shall come into force on September 1， 2003， when the Measures for Implementation of the Administrative Punishment of Copyrights promulgated on January 28， 1997 will be repealed， and in case of any discrepancy between any other provisions promulgated prior to the Measures and the Measures， the Measures shall prevail

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