How to treat the Provisions on Administrative Law Enforcement Procedure of Internet Information Content Management

Article 1 These Provisions are formulated in accordance with the Administrative Punishment Law of the People's Republic of China in order to standardize and guarantee the Internet information content management departments to exercise their functions and powers according to law, correctly implement administrative penalties, promote the healthy and orderly development of Internet information services, protect the legitimate rights and interests of citizens, legal persons and other organizations, and safeguard national security and public interests. Administrative Compulsory Law of the People's Republic of China, the NPC Standing Committee's Decision on Strengthening the Protection of Internet Information, Measures for the Administration of Internet Information Services, and the State Council's Notice on Authorizing the National Internet Information Office to Manage Internet Information Content.

Article 2 These Provisions shall apply to the administrative law enforcement of Internet information content management departments, as well as the administrative punishment of individuals, legal persons or other organizations that violate the laws, regulations and rules on Internet information content management.

The term "Internet information content management department" as mentioned in these Provisions refers to the National Internet Information Office and the local Internet Information Office.

Article 3 When implementing administrative law enforcement, the Internet information content management department shall follow the principles of openness, fairness and impartiality, and ensure clear facts, conclusive evidence, legal procedures, accurate and appropriate application of laws, regulations and rules, and standardized use of law enforcement documents.

Article 4 Internet information content management departments shall establish an administrative law enforcement supervision system.

The Internet content management department at a higher level shall supervise the administrative law enforcement implemented by the Internet content management department at a lower level.

Fifth national and local Internet information content management departments should strengthen the construction of law enforcement team, establish and improve the law enforcement personnel training, examination, certification and qualification management system.

Law enforcement personnel shall participate in the legal knowledge and business knowledge training organized by the national or local Internet information content management department, and may not engage in law enforcement until they have passed the administrative law enforcement qualification examination or assessment and obtained the law enforcement certificate.

The law enforcement certificate shall be uniformly formulated and issued by the national Internet content management department or the authorized provincial Internet content management department.

Chapter II Jurisdiction of Administrative Punishment

Article 6 Administrative punishment shall be under the jurisdiction of the Internet information content management department at or above the county level where the illegal act occurred.

The place where the illegal act occurred includes the location of the website where the illegal act was recorded, the founder, manager and user of the website, industrial and commercial registration (where industrial and commercial registration is different from the main business place, the main business place can be used), the place where the network is connected, and the location of terminal equipment such as computers.

Seventh counties (districts) and cities (prefectures) Internet information content management departments shall, according to their functions and powers, have jurisdiction over administrative punishment cases of Internet information content within their respective administrative areas.

The administrative departments of Internet content of provinces, autonomous regions and municipalities directly under the Central Government shall, according to their functions and powers, have jurisdiction over major and complicated cases of administrative punishment of Internet content within their respective administrative areas.

The national Internet content management department has jurisdiction over administrative punishment cases of Internet content on central news websites and major commercial websites, as well as major and complicated administrative punishment cases of Internet content across the country.

Internet information content management departments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with laws, regulations and rules, and in combination with local conditions, stipulate the specific division of labor at different levels of jurisdiction within their respective administrative areas.

Article 8 Where two or more Internet content management departments have jurisdiction over the same illegal act of the parties concerned, it shall be under the jurisdiction of the Internet content management department where the case was first filed or where the main illegal act occurred. Jurisdiction disputes shall be settled through consultation; If negotiation fails, it shall be submitted to the Internet information content management department at the next higher level for designated jurisdiction.

Article 9 When the higher-level Internet content management department deems it necessary, it may directly investigate and deal with the cases under the jurisdiction of the lower-level Internet content management department, or it may transfer the cases under its jurisdiction to the lower-level Internet content management department for investigation.

If the Internet content management department at a lower level cannot exercise jurisdiction over the cases under its jurisdiction due to special reasons, it may report to the Internet content management department at a higher level for jurisdiction or designate jurisdiction.

Article 10 After receiving a jurisdiction dispute or making a request for designated jurisdiction, the superior Internet content management department shall make a decision on designated jurisdiction within 10 working days and notify the subordinate Internet content management department in writing.

Eleventh Internet content management department found that the case does not belong to its jurisdiction, it should be promptly transferred to the Internet content management department or the relevant administrative departments for handling.

The transferred Internet content management department shall promptly inform the transferred Internet content management department of the investigation results of the case; If it is considered that the transfer is improper, it shall report to the Internet information content management department at the same level and shall not be transferred again.

Twelfth Internet information content management departments in the investigation and handling of cases, found that illegal acts suspected of a crime, it should be promptly transferred to the judicial organs at the same level.

If the judicial organ decides to file a case, the internet information content management department shall, within 3 days from the date of receiving the notice of filing a case from the judicial organ, hand over the materials related to the case to the judicial organ and go through the formalities of making friends.

Article 13 The administrative department of Internet information content shall put forward suggestions on administrative punishment for those who should revoke the license of Internet news information service, revoke the license of Internet news information service or cancel the record number of Internet news information service according to law, and submit the obtained evidence and related materials to the administrative department of Internet information content that originally published and filed. And the administrative punishment decision on whether to revoke the license, revoke the license or cancel the record number shall be made by the original Internet information content management department.

Chapter III Filing a Case

Article 14 The Internet information content management department shall promptly investigate and handle the following matters, and fill in the case source registration form (see Annex 1 for the format):

(a) found clues to the case in the supervision and inspection;

(2) Complaints, appeals and reports from citizens, legal persons or other organizations;

(three) assigned by the higher authorities or submitted to the lower authorities for investigation;

(four) transferred by the relevant departments or disclosed by other means or channels.

Fifteenth filing shall meet the following conditions:

(1) There are facts suspected of violating the law;

(two) should be subject to administrative punishment according to law;

(3) Being within the scope of administrative punishment for the supervision and management of Internet information content;

(4) Being under the jurisdiction of this Internet information content management department.

Those who meet the conditions for filing a case shall fill in the Approval Form for Filing a Case (see Annex 2 for the format), attach relevant materials at the same time, report to the relevant person in charge of the Internet information content management department for approval to file a case within 7 working days, and determine more than 2 law enforcement officers as the case undertaker. Under special circumstances, it can be extended to 15 working days to file a case.

Article 16 With the approval of the person in charge of the Internet information content management department, the complaints, appeals and reports that will not be put on file will be notified to the named complainants, complainants and informants, and the relevant information about not being put on file will be kept in writing.

For cases transferred by other departments, if it is decided not to file a case, it shall inform the transfer department in writing.

If the case is not filed or revoked, the undertaker shall make an Approval Form for Not Filing (see Annex 3 for the format) or an Approval Form for Revoking the Case (see Annex 4 for the format) and report it to the relevant person in charge of the Internet information content management department for approval.

Seventeenth investigators in any of the following circumstances, should voluntarily withdraw; The parties also have the right to apply for the withdrawal of the case handlers:

(1) Being a party to the case or a close relative of the party;

(2) Having a direct interest in the case;

(3) Having other relations with the parties to the case, which may affect the fair handling of the case.

The withdrawal of the case-handling personnel is decided by the relevant person in charge of the Internet information content management department. If a party refuses to accept it, he may apply for reconsideration once.

Before the withdrawal decision is made, the person who has applied for withdrawal will not stop investigating and handling the case.

Chapter iv investigation and evidence collection

Eighteenth Internet information content management departments to investigate and collect evidence, law enforcement personnel shall not be less than 2 people, and shall produce law enforcement certificates. When necessary, you can also entrust or hire professionals to assist.

If evidence is collected and obtained from the parties to a case for the first time, they shall be informed of their right to apply for the withdrawal of the case-handling personnel.

When collecting and obtaining evidence from relevant units and individuals, they shall be informed of their obligation to provide evidence truthfully. The respondent or relevant personnel shall truthfully answer the inquiry, assist and cooperate with the investigation, and provide timely information released by Internet information service providers, information released by users, log information and other relevant materials that should be kept according to law, and shall not obstruct or interfere with the investigation of the case.

Law enforcement officers shall keep confidential the state secrets, business secrets, personal privacy and personal information they know in the process of handling cases.

Nineteenth Internet content management departments in the process of handling cases need the assistance of Internet content management departments in other regions in the investigation and evidence collection, it shall issue a power of attorney. The entrusted Internet information content management department shall actively assist and generally complete the relevant work within 15 working days from the date of receiving the entrusted investigation letter; If the completion needs to be postponed or cannot be assisted, it shall promptly notify the entrusted Internet information content management department.

Article 20 All materials that can be used to prove the facts of a case are evidence, including electronic data, audio-visual materials, documentary evidence, material evidence, witness testimony, statements of the parties, expert opinions, inspection reports, inspection records, on-site records and inquiry records.

Electronic data refers to all data generated, modified, deleted, stored, transmitted and obtained by means of information technology, including information formed or stored in electronic devices and storage media by means of e-mail, electronic data exchange, online chat records, blogs, Weibo, mobile phone short messages, electronic signatures and domain names.

Audio-visual materials include audio-visual materials and video materials.

Audio and video materials stored in electronic media shall comply with the provisions of electronic data.

Twenty-first Internet information content management departments can investigate the evidence obtained according to law before filing a case, which can be used as the basis for ascertaining the facts. Reliable electronic data obtained through technical means such as network inspection can be used as the basis for ascertaining facts, except those that violate the prohibition of laws.

The collection and extraction of electronic data shall conform to national standards, industry standards and technical specifications, and ensure the integrity, legality, authenticity and relevance of the collected and extracted electronic data. Otherwise, it shall not be used as the basis for ascertaining the facts.

Article 22 Before filing a case, the administrative department of Internet information content may take measures such as inquiry, inquest, inspection, appraisal and obtaining evidence materials, and may not restrict the personal and property rights of the object of initial investigation.

Internet information content management departments can take measures such as pre-registration and preservation of articles, facilities and places after filing a case.

Twenty-third Internet information content management departments in the process of handling cases, should promptly ask witnesses. Except in special circumstances, witnesses may be hired to assist in the investigation.

When law enforcement officers make inquiries, they shall make an inquiry record (see Annex 5 for the format), indicating the time, place, relevant facts, process and other contents. The record of inquiry shall be checked by the person being questioned or the relevant personnel. After verification, the interviewee or relevant personnel should sign the record page by page, press their fingerprints, and express their opinions on the authenticity of the record. If the record is modified, it should be signed by the interviewee or relevant personnel and printed by hand. Records shall indicate the identity, certificate name and number of law enforcement personnel. Law enforcement officers shall sign the record.

Article 24 The administrative department in charge of Internet information content shall conduct an inquest and inspection on illegal places, articles and networks involving Internet information content, and pay attention to collecting and fixing documentary evidence, material evidence, audio-visual materials and electronic data.

Twenty-fifth in order to solve some specialized problems in the case, the Internet information content management department may entrust a judicial authentication institution to issue an expert opinion; If it does not belong to the scope of judicial expertise, it may entrust an institution with the ability or conditions to issue a test report or inspection report.

Twenty-sixth Internet information content management departments can obtain evidence materials that can prove the facts of the case from relevant units and individuals, and can take photos, video, copy and copy as needed.

Documentary evidence and physical evidence collected shall be original and original. If it is really difficult to obtain the original and the original, the relevant units and individuals who submitted the evidence can sign or seal the copy, indicating the words "This copy was provided by XX and verified to be the same as the original", and indicating the date of issue and the source of evidence, and signing or sealing it.

The retrieved audio-visual materials and electronic data should be original carriers or backup media. If it is really difficult to retrieve the original carrier or backup medium, you can collect copies, and indicate the production method, production time, producer and other information. A written record of the sound content should be attached to the sound data.

Internet information content management department shall review the obtained evidence materials and make records.

Article 27 In the case that the evidence may be lost or difficult to obtain later, with the approval of the person in charge of the Internet information content management department, law enforcement officers may register and save the computers, servers, hard disks, mobile storage devices, memory cards and other items involved in illegal Internet information services in advance, make a list of registered and preserved items (see Annex 6 for the format), and issue a Notice of Registration and Preservation Matters (see Annex 7 for the format) to the parties concerned. During the period of advance registration and preservation, the parties shall not damage or illegally transfer the evidence.

When the Internet information content management department implements advance registration and preservation, it shall notify the parties or holders to be present, and record the relevant measures taken in the on-site inspection record.

Article 28 The administrative department of Internet information content shall, within 7 days, make the following decisions on the evidence registered and preserved in advance:

(1) If it is necessary to take evidence preservation measures, it shall be returned after taking evidence preservation measures such as recording, copying, photographing and video recording;

(two) the need for inspection, testing and identification, inspection, testing and identification by institutions with corresponding qualifications;

(three) if the illegal facts are established and should be confiscated according to law, draw a line.

Administrative punishment decision, confiscation of illegal goods;

(four) if the illegal facts are not established, or if the illegal facts are established but should not be confiscated according to law, the pre-registration shall be cancelled.

If no decision is made within the time limit, the advance registration and preservation shall be revoked.

Twenty-ninth in order to collect and save electronic data, the Internet information content management department can take measures such as on-site evidence collection, remote evidence collection, and ordering relevant units and individuals to fix and submit them.

After on-site evidence collection and remote evidence collection, an electronic evidence collection record shall be made (see Annex 8 for the format).

Thirtieth law enforcement officers in the process of investigation and evidence collection, shall require the parties to sign, fingerprint, seal or confirm in other ways on the transcripts or other materials. If the parties refuse to be present, sign, fingerprint, stamp or confirm by other means, or the parties cannot be found, two law enforcement officers shall indicate the reasons in the transcripts or other materials, and invite the relevant personnel to sign or stamp as witnesses, or record by means of audio and video recording.

Thirty-first after the investigation of a case, the undertaker shall write a case handling report (see Annex 9 for the format):

If the illegal facts are established and administrative punishment should be given, write a case handling report and draft a proposal for administrative punishment.

In any of the following circumstances, write a report on the handling of the case, explain the reasons for handling it, report it to the person in charge of the Internet information content management department for approval, and handle it according to different situations:

(a) the illegal facts are not established and the case should be closed;

(two) if the illegal act is minor and has not caused harmful consequences, no administrative punishment shall be imposed;

(three) the case is not under the jurisdiction of this organ and should be transferred to other administrative organs for jurisdiction;

(four) suspected of committing a crime, should be transferred to judicial organs.

Thirty-second Internet information content management department, when investigating a case, if the existing evidence proves that the illegal facts are established, it shall issue a notice of order to correct, and order the parties to correct the illegal act or make corrections within a time limit.

Chapter V Hearing and Interview

Article 33 Before making a decision on administrative punishment such as revoking the Internet news information service license or imposing a relatively large fine (the standard of relatively large fine shall be implemented in accordance with the provisions of local regulations, local government rules and other relevant normative documents), the Internet information content management department shall inform the parties of their right to request a hearing. If a party requests a hearing, it shall put forward it within 3 days after being informed, and the Internet information content management department shall organize a hearing. The party concerned fails to claim it within the time limit.

The hearing is regarded as a waiver of rights.

Article 34 The administrative department of Internet information content shall, 7 days before the hearing is held, serve the parties with a Notice of Holding a Hearing (see Annex 10 for the format) to inform them of the time and place of holding the hearing.

A record of the hearing shall be made (see Annex 1 1 for the format), which shall be signed or sealed by the parties after verification.

Article 35 Before the decision of administrative punishment for illegal acts of Internet information service providers is made, the Internet information content management department may conduct an interview with them in accordance with relevant regulations, and make a law enforcement interview record after the interview (see Annex 12 for the format).

Chapter VI Penalty Decision and Delivery

Article 36 Before making a decision on administrative punishment, the Internet information content management department shall fill in the Notice of Opinions on Administrative Punishment (see Annex 13 for the format) to inform the parties of the illegal facts, reasons and basis of the administrative punishment to be imposed, as well as the rights of statement and defense enjoyed by the parties according to law.

Internet information content management departments should fully listen to the statements and defenses of the parties. If the facts, reasons or evidence put forward by the parties are established after examination, they shall be adopted. If a party fails to make a statement or defense within 3 working days from the date of receiving the notice, it shall be deemed as a waiver of rights.

The Internet information content management department shall not increase the punishment due to the statements and defenses of the parties.

Article 37 The administrative penalty decision to be made shall be reported to the person in charge of the Internet information content management department for review. The person in charge of the Internet information content management department made the following decisions according to different situations:

(a) there are illegal acts that should be subject to administrative punishment, and make a decision on administrative punishment according to the seriousness and specific circumstances;

(two) the illegal act is minor, and administrative punishment may not be imposed according to law;

(three) if the illegal facts cannot be established, no administrative punishment shall be given;

(four) if the illegal act has constituted a crime, it shall be transferred to judicial organs.

Thirty-eighth to give a heavier administrative punishment for complex or major illegal acts, it should be decided by the person in charge of the Internet information content management department through collective discussion. The process of collective discussion and decision should be recorded in writing.

The standards for complex and major cases are determined by the Internet information content management department according to the actual situation.

Article 39 When making a decision on administrative punishment, the Internet information content management department shall make a written decision on administrative punishment with a unified number (see Annex 14 for the format).

The "Decision on Administrative Punishment" shall specify the following items:

(1) Basic information such as the name and address of the parties;

(2) Facts and evidence in violation of laws, regulations or rules;

(three) the types and basis of administrative punishment;

(four) the way and time limit for the performance of administrative punishment;

(five) the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit against the decision on administrative punishment;

(six) the name of the Internet information content management department that made the decision on administrative punishment and the date of making the decision.

If the decision on administrative punishment involves the confiscation of relevant articles, it shall also be accompanied by a certificate of confiscation of articles.

The written decision on administrative punishment shall be stamped with the seal of the Internet information content management department that made the decision on administrative punishment.

Fortieth "administrative punishment decision" shall be delivered to the parties on the spot after the announcement; If the party concerned is not present, it shall serve the "Decision on Administrative Punishment" on the party concerned in accordance with the relevant provisions of the Civil Procedure Law within 7 days.

Chapter VII Execution and Closing of Cases

Forty-first "administrative punishment decision" is served, the parties shall perform it within the time limit of the punishment decision.

If the parties are in real financial difficulties, they may apply for an extension or payment of the fine by installments, and submit written materials. Upon examination by the case undertaker, the time limit and amount of deferred payment or payment of the fine by stages shall be determined, and shall be implemented after being reported to the relevant person in charge of the Internet information content management department for approval.

Article 42 If an Internet information service provider violates relevant laws, regulations and rules, and the competent communications department needs to close the website, revoke the business license of Internet information service value-added telecommunications business or cancel the record number, the competent communications department shall decide to implement it according to the written opinions issued by the Internet information content management department.

Article 43 If a party refuses to accept the decision on administrative punishment, he has the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

If a party refuses to accept the decision on administrative punishment, applies for administrative reconsideration or brings an administrative lawsuit, the execution of administrative punishment shall not be suspended, unless otherwise provided by law.

Article 44 If a party does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, nor complies with the decision on administrative punishment, the Internet information content management department that made the decision on punishment may apply to the people's court for compulsory execution.

Before applying to the people's court for compulsory execution, the internet information content management department shall fill in the Notice of Performing the Decision on Administrative Punishment (see Annex 15 for the format), urge the parties concerned to perform their obligations in writing, and inform them of the time limit and manner of performing their obligations, and the rights of statement and defense they enjoy according to law. If a fine is involved, there should be a clear amount and payment method.

The total amount of fines shall not exceed the original amount of fines.

If a party makes a statement or defense, the Internet information content management department shall record and review the facts, reasons and evidence put forward by the party, and make a statement and defense transcript and a review opinion on the statement and defense. If the facts, reasons or evidence put forward by the parties are established, the Internet information content management department shall adopt them.

After 10 working days, if the party concerned still fails to perform the punishment decision, the internet information content management department may apply to the people's court for compulsory execution, and fill out the Application for Compulsory Execution of Administrative Punishment (see Annex 16 for the format).

Article 45 After the decision on administrative punishment is fulfilled or executed, the case-handling personnel shall fill in the Administrative Punishment Closing Report (see Annex 17 for the format), sort out and bind the relevant case materials, and keep them on file.

Chapter VIII Supplementary Provisions

Article 46 The term of these Provisions shall be calculated in hours and days, excluding the starting hours and starting days. The last day of expiration is a holiday, and the first day after the holiday is the expiration date. Except as otherwise provided by laws and regulations.

Article 47 The terms "above", "below" and "within" mentioned in these Provisions all include this number.

Forty-eighth national Internet information content management department is responsible for formulating the model document format applicable to administrative punishment. The internet information content management departments of all provinces, autonomous regions and municipalities directly under the Central Government may refer to the model document format, formulate the document format applicable to administrative punishment in their respective administrative areas and print it by themselves.

Article 49 These Provisions shall come into force as of the date of promulgation.