互联网上网服务营业场所管理条例 Regulations on the Administration of Business Sites of Internet Access Services
2009-03-24 法律英语 来源:互联网 作者: ℃(3) Operating non-net games;
(4) Stopping using technical measures for management without permission;
(5) Failing to hang the Permit for Network Cultural Business Operations or the signs prohibiting minors from entering.
Article 31 An operating entity that, in violation of the present Regulations, commits any of the following acts shall be given a warning by the department of cultural administration or public security pursuant to their respective authorities, and may be imposed on a fine of less than 15,000 yuan concurrently; if the circumstances are serious, the offender shall be ordered to stop its business for rectification and even be deprived of its Permit for Network Cultural Business Operations by the department of cultural administration:
(1) Failing to link the computers provided to the Internet users to use to the Internet through local area network;
(2) Failing to establish the system of in-house patrol, or failing to stop and report the illegal acts of Internet users to the departments of cultural administration and public security;
(3) Failing to verify and register the valid identification certificates or record the relevant Internet access information of the Internet users;
(4) Failing to keep the registrations and records for the prescribed period, or modifying, deleting the registrations or records within the period of keeping;
(5) Failing to go through the relevant formalities or put on record with the departments of cultural administration and public security when altering the name, domicile, legal representative or major principal, registered capital, net address or termination of business activities.
Article 32 An operating entity that, in violation of the present Regulations, commits any of the following acts shall be given a warning by the department of public security and may be imposed on a fine of less than 15,000 yuan concurrently; if the circumstances are serious, the offender shall be ordered to stop the business for rectification or even be deprived of the Permit for Network Cultural Business Operations by the department of cultural administration:
(1) Lighting by fire or failing to stop the smoker smoking, or failing to hang the signs of no smoking;
(2) Allowing the inflammable or explosive articles to be carried in or kept;
(3) Installing fixed and closed doors, windows or fences at the business sites;
(4) Blocking or locking the doors and windows, protected channels for evacuation or safety exits during the business period;
(5) Stopping using the security technical measures.
Article 33 Those violating the provisions of the state on the security of information and networks, public security administration, fire control administration, industry and commerce administration, and telecommunication administration and thus violating the criminal law shall be prosecuted for the criminal responsibilities pursuant to law; those whose circumstances are not serious enough for criminal punishments shall be punished by the public security organ, the department of industry and commerce administration and the body of telecommunication administration; those whose circumstances are serious shall be deprived of their permits by the organ originally issued the permits.
Article 34 If an operating entity has been given the administrative punishment of revocation of the Permit for Network Cultural Business Operations for violation of the present Regulations, it shall make the alteration registration or written-off registration with the department of industry and commerce administration; if it fails to do so within the prescribed time limit, its business license shall be revoked by the department of industry and commerce administration.
Article 35 If an operating entity has been deprived of its Permit for Network Cultural Business Operations for violation of the present Regulations, its legal representative or major principal may not be the legal representative or major principal of any operating entity within 5 years from the day of revocation of the Permit for Network Cultural Business Operation
s.
If an operating entity established without permission has been banned pursuant to law, its major principal may not be the legal representative or major principal of any operating entity within 5 years from the day of the banning.
Article 36 With respect to the administrative punishments executed pursuant to the present Regulations, the decision on fine and the collection of fine shall be separated pursuant to the relevant laws and administrative regulations; all the fines collected and the illegal gains confiscated must be handed over to the state treasury.
Chapter 5 Supplementary Provisions
Article 37 The present Regulations shall enter into force on November 15, 2002. And the Measures for the Administration of Business Sites of Internet Access Services promulgated by the Ministry of Information Industry, the Ministry of Public Security, the Ministry of Culture and the State Administration for Industry and Commerce shall be abolished simultaneously
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