The implementation date of the newly revised Administrative Punishment Law is

The revised Administrative Punishment Law of the People's Republic of China has been implemented since July, 20021and 15, which will further draw a red line, clarify rules and strictly enforce responsibilities, and ensure the orderly operation of administrative punishment power on the track of rule of law.

According to the new regulations, the "five-year" accountability period for administrative punishment has been increased, and the requirements of the CPC Central Committee on "increasing punishment in key areas" have been implemented.

The specific application situation is "involving the life, health and safety of citizens and financial security with harmful consequences". Among them, there are many fields involving citizens' life, health and safety, such as food, medicine and environmental protection. Financial security mainly involves financial management fields such as securities, banking and insurance. It should be noted that if the administrative violations in these areas have not caused harmful consequences, the five-year accountability period is not applicable.

Moreover, the newly revised Administrative Punishment Law has revised the definition, types, settings, implementation subjects and procedures of administrative punishment, further improved the administrative punishment system, provided sufficient legal basis for strict law enforcement by administrative law enforcement organs at all levels, and also put forward higher requirements for administrative law enforcement. Implement the administrative punishment law, ensure and supervise the effective implementation of administrative management by administrative organs, safeguard public interests and social order, and protect the legitimate rights and interests of the people.

legal ground

Administrative Punishment Law of the People's Republic of China

Article 11

Administrative regulations can set administrative penalties other than restricting personal freedom.

The law stipulates administrative penalties for illegal acts, and if administrative regulations need to make specific provisions, they must be made within the scope of the acts, types and ranges of administrative penalties prescribed by law.

The law does not stipulate administrative punishment for illegal acts, and administrative regulations can supplement administrative punishment for the implementation of the law. If an administrative penalty is to be added, opinions shall be widely listened to through hearings, demonstration meetings and other forms, and a written explanation shall be given to the enacting organ. When administrative regulations are submitted for the record, the contents of supplementary administrative punishment shall be explained.

Article 12

Local regulations can set administrative penalties other than restricting personal freedom and revoking business licenses.

Laws and administrative regulations stipulate administrative penalties for illegal acts, and if local regulations need to make specific provisions, they must be stipulated within the scope of acts, types and ranges of administrative penalties stipulated by laws and administrative regulations. Where laws and administrative regulations do not stipulate administrative penalties for illegal acts, local regulations may supplement the administrative penalties prescribed by laws and administrative regulations. If an administrative penalty is to be added, opinions shall be widely listened to through hearings, demonstration meetings and other forms, and a written explanation shall be given to the enacting organ. When local regulations are submitted for the record, the contents of supplementary administrative punishment shall be explained.

Article 13

The departmental rules of the State Council can make specific provisions within the scope of administrative punishment acts, types and ranges stipulated by laws and administrative regulations.

Laws and administrative regulations have not yet been formulated, and the State Council departmental rules can set administrative penalties such as warning, informed criticism or a certain amount of fine for acts violating administrative order. The limit of fines shall be stipulated by the State Council.