Public Security Administration Punishment Law of the People's Republic of China

Order of the President of the People's Republic of China

No. 38

The "Public Security Administration Punishment Law of the People's Republic of China" has been passed The 17th meeting of the Standing Committee of the 10th National People's Congress of the People's Republic of China was adopted on August 28, 2005, and is hereby promulgated and shall come into effect on March 1, 2006.

President Hu Jintao of the People's Republic of China

August 28, 2005

Public Security Management Punishment Law of the People's Republic of China

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(Adopted at the 17th meeting of the Standing Committee of the 10th National People's Congress on August 28, 2005)

Contents

Chapter 1 General Provisions

Chapter 2 Types and Application of Punishments

Chapter 3 Behaviors and Punishments Violating Public Security Management

Section 1 Behaviors and Punishments Disturbing Public Order

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Section 2: Behaviors and penalties that impede public safety

Section 3: Behaviors and penalties that infringe on personal rights and property rights

Section 4: Harm to society Management Behavior and Penalties

Chapter 4 Punishment Procedures

Section 1 Investigation

Section 2 Decision

Section 3 Implementation

Chapter 5 Law Enforcement Supervision

Chapter 6 Supplementary Provisions

Chapter 1 General Provisions

Article 1 is to maintain public security and order. This law is formulated to ensure public safety, protect the legitimate rights and interests of citizens, legal persons and other organizations, regulate and ensure that public security organs and their people's police perform their public security management duties in accordance with the law.

Article 2 Disturbing public order, impeding public safety, infringing upon personal rights and property rights, impeding social management, and having social harm, according to the "People's Republic of China and the Criminal Law of the People's Republic of China" "If it constitutes a crime according to the provisions of the Act, criminal responsibility shall be investigated in accordance with the law; if it is not enough for criminal punishment, the public security organs shall impose public security management penalties in accordance with this law.

Article 3 The procedures for public security management penalties shall be governed by the provisions of this Law; if there are no provisions in this Law, the relevant provisions of the "Administrative Punishment Law of the People's Republic of China" shall apply.

Article 4 This law shall apply to violations of public security management that occur within the territory of the People's Republic of China, unless otherwise provided by law.

This law shall apply to violations of public security management that occur on board ships and aircraft of the People's Republic of China, unless otherwise provided by law.

Article 5 Public security management penalties must be based on facts and be commensurate with the nature, circumstances and degree of social harm of violations of public security management.

The implementation of public security management penalties should be open and fair, respect and protect human rights, and protect the personal dignity of citizens.

The principle of combining education and punishment should be adhered to when handling public security cases.

Article 6 People's governments at all levels shall strengthen comprehensive management of social security and take effective measures to resolve social conflicts, enhance social harmony, and maintain social stability.

Article 7 The public security department of the State Council is responsible for the public security management of the country. The public security organs of local people's governments at or above the county level are responsible for the public security management within their respective administrative regions.

The jurisdiction over public security cases shall be stipulated by the public security department of the State Council.

Article 8 If any violation of public security management causes damage to others, the perpetrator or his guardian shall bear civil liability in accordance with the law.

Article 9: For minor violations of public security management such as fighting or damaging other people’s property caused by civil disputes, the public security organs may mediate and deal with them. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If no agreement is reached after mediation or the agreement is not fulfilled, the public security organs shall impose penalties on the perpetrators of violations of public security management in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit with the People's Court for civil disputes in accordance with the law.

Chapter 2 Types and Application of Punishments

Article 10 The types of public security management penalties are divided into:

(1) Warning;

< p>(2) Fine;

(3) Administrative detention;

(4) Revoking the license issued by the public security organ.

Foreigners who violate public security management may be subject to additional time limits to leave the country or be deported.

Article 11: Drugs, obscene materials and other contraband seized during handling of public security cases, gambling equipment, gambling funds, equipment for smoking and injecting drugs, and personal tools directly used to commit violations of public security management, It should be collected and dealt with in accordance with regulations.

Property obtained from violation of public security management shall be recovered and returned to the victim; if there is no victim, the property shall be registered and publicly auctioned or disposed of in accordance with relevant national regulations, and the proceeds shall be turned over to the state treasury.

Article 12 If a person who is fourteen years old and under eighteen years old violates public security management, he shall be given a lighter or reduced punishment; if a person who is under fourteen years old violates public security management, he shall not be punished, but shall Order his guardian to exercise strict discipline.

Article 13 If a mentally ill person violates public security management when he is unable to identify or control his own behavior, he shall not be punished, but his guardian shall be ordered to strictly monitor and treat him. Intermittent mental patients who violate public security management when they are mentally normal should be punished.

Article 14 If a blind or deaf-mute person violates public security management, he may be given a lighter punishment, a reduced punishment, or no punishment.

Article 15 Anyone who is drunk and violates public security management shall be punished.

If a drunk person is in danger to himself or threatens the personal, property or public safety of others, protective measures shall be taken to restrain him until he sobers up.

Article 16 If there are two or more violations of public security management, they shall be decided separately and executed together. If the administrative detention penalties are combined and executed, the maximum period shall not exceed 20 days.

Article 17 If two persons violate public security management, they shall be punished separately according to the role played by the perpetrators in the violation of public security management.

Those who instigate, coerce, or deceive others to violate public security management shall be punished according to their instigation, coercion, or deception.

Article 18 If a unit violates public security management, the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of this law. If other laws and administrative regulations stipulate that the unit should be punished for the same behavior, the punishment shall be in accordance with its provisions.

Article 19: Anyone who violates public security management under any of the following circumstances shall be given a reduced punishment or no punishment:

(1) The circumstances are particularly minor;

(2) Taking the initiative to eliminate or reduce the consequences of the violation and obtaining the understanding of the offended person;

(3) Due to coercion or deception by others;

(4) Taking the initiative to surrender to the police The public security organs truthfully state their illegal acts;

(5) Have meritorious service.

Article 20 Anyone who violates public security management under any of the following circumstances shall be severely punished:

(1) There are more serious consequences;

(2) Instigating, coercing, or tricking others into violating public security management;

(3) Retaliating against the reporter, accuser, whistleblower, or witness;

(4) Within six months Those who have been punished by public security management.

Article 21 If a person who violates public security management has any of the following circumstances and should be given an administrative detention penalty in accordance with this law, the administrative detention penalty will not be implemented:

(1) Has been Those who are over 14 years old but under 16 years old;

(2) Those who are over 16 years old but under 18 years old and violate public security management for the first time;

(3) Over 70 years old ;

(4) Pregnant or breastfeeding a baby under one year old.

Article 22: Any violation of public security management that is not discovered by the public security organs within six months will no longer be punished.

The period specified in the preceding paragraph shall be calculated from the date when the violation of public security management occurs; if the violation of public security management is continuous or continuing, it shall be calculated from the date when the violation of public security management is terminated.

Chapter 3 Behaviors and Punishments Violating Public Security Management

Section 1 Behaviors and Punishments Disturbing Public Order

Article 23: Anyone who commits any of the following acts shall be given a warning or be fined not more than 200 yuan; if the circumstances are more serious, he shall be detained for not less than five days but not more than 10 days, and may also be fined not more than 500 yuan:

(1) Disturbing the authority , groups, enterprises, and institutions, causing work, production, business, medical care, teaching, and scientific research to be unable to proceed normally, without causing serious losses;

(2) Disrupting stations, ports, docks, airports, Disrupting the order of shopping malls, parks, exhibition halls or other public places;

(3) Disturbing the order of public vehicles, trams, trains, ships, aircraft or other public transportation vehicles To prevent order;

(4) Illegal interception, forced boarding, or boarding of motor vehicles, ships, aircraft, and other means of transportation, affecting the normal operation of means of transportation;

(5) Disruption of laws and regulations conduct of the election order.

Where a crowd is gathered to commit the acts mentioned in the preceding paragraph, the ringleaders shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than one thousand yuan.

Article 24 Anyone who commits any of the following acts and disrupts the order of large-scale mass activities such as culture and sports shall be given a warning or fined not more than 200 yuan; if the circumstances are serious, he shall be fined not less than five days but not more than ten days. Detention may be imposed and a fine of not more than five hundred yuan may be imposed:

(1) Forcibly entering the venue;

(2) Violating regulations by setting off fireworks or other items in the venue;

(3) Displaying insulting slogans, banners and other items;

(4) Besieging referees, athletes or other staff;

(5) ) Throwing debris into the venue and refusing to listen to restraint;

(6) Other behaviors that disrupt the order of large-scale mass activities.

Those who are detained for disrupting the order of sports competitions may also be ordered not to enter sports venues to watch similar competitions within twelve months; those who enter sports venues in violation of regulations will be forcibly removed from the site.

Article 25 Anyone who commits any of the following acts shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; if the circumstances are relatively minor, he shall be detained for not less than five days and not more than five hundred yuan. A fine of not more than RMB 10,000 is imposed: (1) Spreading rumors, falsely reporting dangers, epidemics, police information, or deliberately disrupting public order in other ways; (2) Placing false information Dangerous substances such as explosive, toxic, radioactive, corrosive substances or infectious disease pathogens disrupt public order;

(3) Threaten to commit arson, explosion, or release of dangerous substances to disrupt public order of.

Article 26 Anyone who commits any of the following acts shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; if the circumstances are more serious, he shall be detained for not less than ten days but not more than fifteen days. Detention and a fine of not more than 1,000 yuan may be imposed:

(1) Fighting in groups; (2) Chasing or intercepting others;

(3) ) Taking forcibly or arbitrarily damaging or occupying public or private property;

(4) Other acts of provoking quarrels and provoking trouble.

Article 27 Anyone who commits any of the following acts shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than one thousand yuan; if the circumstances are relatively minor, he shall be detained for not less than ten days but not more than ten days. Detention may be combined with a fine of not more than 500 yuan:

(1) Organizing, instigating, coercing, luring, and inciting others to engage in cult, Taoism, or superstitious activities to disrupt social order or damage Others are in good health;

(2) Using the name of religion or qigong to engage in activities that disrupt social order and harm the health of others.

Article 28 Violates national regulations, intentionally interferes with the normal operation of radio services, or causes harmful interference to normally operating radio stations (stations), and refuses to take effective measures after being pointed out by the relevant competent authorities If the case is eliminated, he shall be detained for not less than five days but not more than ten days; if the circumstances are serious, he shall be detained for not less than ten days but not more than fifteen days.

Article 29 Anyone who commits any of the following acts shall be detained for not more than five days; if the circumstances are more serious, he shall be detained for not less than five days but not more than ten days:

(1) Violation of Invading computer information systems and causing harm according to national regulations;

(2) Violating national regulations by deleting, modifying, adding, or interfering with the functions of computer information systems, causing the computer information system to fail to operate normally;< /p>

(3) Violating national regulations by deleting, modifying, or adding data and applications stored, processed, and transmitted in computer information systems;

(4) Deliberately producing and disseminating Computer viruses and other destructive programs affect the normal operation of computer information systems.

Section 2 Acts and Punishments that Hinder Public Safety

Article 30 Violates state regulations, manufactures, buys and sells, stores, transports, mails, carries, uses, provides , those who deal with dangerous substances such as explosive, toxic, radioactive, corrosive substances or infectious disease pathogens shall be detained for not less than ten days but not more than fifteen days; if the circumstances are relatively minor, they shall be detained for not less than five days but not more than ten days.

Article 31: Anyone who fails to report explosive, toxic, radioactive, corrosive or infectious disease pathogens or other dangerous substances as required shall be detained for not more than five days; intentional Those who conceal and fail to report shall be detained for not less than five days but not more than ten days.

Article 32 Whoever illegally carries firearms, ammunition, or crossbows, daggers and other state-regulated instruments shall be detained for not more than five days and may also be fined not more than 500 yuan; if the circumstances are relatively minor, he shall be fined not more than 500 yuan. Warning or fine of not more than 200 yuan.

Anyone who illegally carries firearms, ammunition, or crossbows, daggers and other state-regulated controlled instruments into public places or public transportation vehicles shall be detained for not less than five days but not more than ten days, and may be concurrently sentenced to five years. A fine of less than 100 yuan is imposed.

Article 33 Anyone who commits any of the following acts shall be detained for not less than ten days but not more than fifteen days: (1) Stealing or damaging oil and gas pipeline facilities, electric power and telecommunications facilities, Radio and television facilities, water conservancy and flood control engineering facilities, or public facilities such as hydrological monitoring, surveying, meteorological forecasting, environmental monitoring, geological monitoring, and earthquake monitoring;

(2) Moving or damaging national border monuments , boundary markers and other border signs, border facilities or territorial or territorial sea marking facilities;

(3) Illegal activities that affect the direction of the national (border) boundary or the construction of facilities that hinder national (border) border management of.

Article 34 Anyone who steals, damages or moves aviation facilities in use without authorization, or forcibly enters the cockpit of an aircraft shall be detained for not less than ten days but not more than fifteen days.

Anyone who uses instruments or tools that may affect the normal function of the navigation system on an aircraft in use and refuses to listen to dissuasion shall be detained for not more than five days or fined not more than 500 yuan.

Article 35 Anyone who commits any of the following acts shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; if the circumstances are relatively minor, he shall be detained for not more than five days and not more than five hundred yuan. Fines of up to RMB 100: (1) Stealing, damaging or moving railway facilities, equipment, rolling stock accessories or safety signs without authorization;

(2) Placing obstacles on railway lines , or deliberately throwing objects at trains;

(3) Digging holes, quarrying rocks and sand at railway lines, bridges, and culverts;

(4) Working on railway lines There are private crossings or level crossings on the road.

Article 36 Anyone who enters the railway protection net without authorization or walks, sits or lies on the railway line when a train is approaching, or rushes over the railway line, thus affecting driving safety, shall be given a warning or a fine of not more than 200 yuan.

Article 37 Anyone who commits any of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; if the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan. The following fines are imposed:

(1) Installing and using power grids without approval, or installing and using power grids that do not comply with safety regulations;

(2) In areas where vehicles and pedestrians pass Local construction, no coverings, fences and warning signs are installed on ditches, wells and ridges, or intentional damage or removal of coverings, fences and warning signs;

(3) Theft or damage of road manhole covers , lighting and other public facilities.

Article 38 Anyone who holds cultural, sports or other large-scale mass activities in violation of relevant regulations and risks a safety accident shall be ordered to stop the activities and evacuate immediately; the organizer shall be punished for not less than five days but not more than ten days Detention, and a fine of not less than 200 yuan but not more than 500 yuan; if the circumstances are relatively minor, the person shall be detained for not more than five days or fined not more than 500 yuan.

Article 39: Operations and management personnel of hotels, restaurants, theaters, entertainment venues, sports venues, exhibition halls or other places for public activities violate safety regulations, resulting in the risk of safety accidents in the place , who refuses to correct after being ordered by the public security organ to make corrections, shall be detained for not more than five days.

Section 3 Acts and Punishments that Violate Personal Rights and Property Rights

Article 40 Anyone who commits any of the following acts shall be detained for not less than ten days but not more than fifteen days, and shall also be sentenced to A fine of not less than 500 yuan but not more than 1,000 yuan shall be imposed; if the circumstances are relatively minor, the person shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan:

(1) Organizing, coercing, Luring people under the age of 16 or persons with disabilities to perform horrific or cruel performances;

(2) Using violence, threats or other means to force others to work;

(3) Illegal Restricting other people's personal freedom, illegally intruding into other people's homes, or illegally searching other people's bodies.

Article 41: Anyone who coerces, lures or uses others to beg shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than one thousand yuan.

Those who repeatedly pester, forcibly beg, or beg in other ways that disturb others shall be detained for not more than five days or given a warning.

Article 42 Anyone who commits any of the following acts shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are more serious, he shall be detained for not less than five days but not more than 10 days, and may also be fined not more than 500 yuan. A fine of not more than RMB 100,000 is imposed:

(1) Writing threatening letters or threatening others’ personal safety in other ways;

(2) Blatantly insulting others or fabricating facts to slander others;

(3) Fabricating facts and falsely accusing others in an attempt to subject others to criminal prosecution or public security penalties;

(4) Threatening, insulting, beating or attacking witnesses and their close relatives Retaliatory;

(5) Repeatedly sending obscene, insulting, threatening or other information, interfering with the normal life of others;

(6) Peeping, secretly filming, eavesdropping, and spreading other people's privacy of.

Article 43: Anyone who beats others or intentionally injures others shall be detained for not less than five days but not more than ten days, and shall also be fined not less than 200 yuan but not more than 500 yuan; if the circumstances are relatively minor, he shall be fined not less than 200 yuan but not more than 500 yuan. Detention for not more than five days or fine not more than 500 yuan.

Whoever commits any of the following circumstances shall be detained for not less than 10 days but not more than 15 days, and shall be fined not less than 500 yuan but not more than 1,000 yuan:

(1) Beating or injuring in a gang Others;

(2) Beating or injuring the disabled, pregnant women, people under the age of fourteen, or people over the age of sixty;

(3) Beating, Injuring others or beating or injuring multiple people at one time.

Article 44: Anyone who molests others, or intentionally exposes his body in public places, if the circumstances are serious, shall be detained for not less than five days but not more than ten days; Those who are four years old or who have other serious circumstances shall be detained for not less than ten days but not more than fifteen days.

Article 45 Anyone who commits any of the following acts shall be detained for not more than five days or given a warning:

(1) Abuse a family member and the person being abused requests to be dealt with;

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(2) Abandoning a dependent who has no ability to live independently.

Article 46 Whoever purchases or sells goods by force, forces others to provide services or forces others to receive services shall be detained for not less than five days but not more than ten days, and shall also be fined not less than 200 yuan but not more than 500 yuan; If the circumstances are relatively minor, the offender shall be detained for not more than five days or fined not more than 500 yuan.

Article 47: Anyone who incites ethnic hatred or discrimination, or publishes ethnic discrimination or insulting content in publications or computer information networks shall be detained for not less than ten days but not more than fifteen days, and may be concurrently sentenced to one day A fine of less than 1,000 yuan is imposed.

Article 48 Anyone who falsely claims, conceals, destroys, opens without permission, or illegally inspects other people's mail shall be detained for not more than five days or fined not more than 500 yuan.

Article 49 Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; if the circumstances are serious, , shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than one thousand yuan.

Section 4 Behaviors and Punishments that Hinder Social Management

Article 50 Anyone who commits any of the following acts shall be given a warning or fined not more than 200 yuan; if the circumstances are serious, he shall be fined not more than 50 yuan. Detention for not less than 10 days but not more than 10 days may be imposed, and a fine of not more than 500 yuan may be imposed:

(1) Anyone who refuses to implement decisions or orders issued by the people's government in accordance with the law during a state of emergency;

(2) Obstructing state agency staff from performing their duties in accordance with the law;

(3) Obstructing the passage of fire trucks, ambulances, engineering rescue vehicles, police cars and other vehicles performing emergency tasks;

< p> (4) Forcibly breaking through the warning belts and warning areas set up by the public security organs.

Those who obstruct the people's police from performing their duties in accordance with the law shall be severely punished.

Article 51: Anyone who pretends to be a staff member of a state agency or uses other false identities to defraud shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; if the circumstances are relatively minor, he shall be fined not more than five hundred yuan. Detention of not more than 50 days or fine of not more than 500 yuan.

Those who pretend to be military or police personnel to deceive others will be severely punished.

Article 52: Anyone who commits any of the following acts shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than one thousand yuan; if the circumstances are relatively minor, he shall be detained for not less than ten days but not more than ten days. Detention may be imposed and a fine of not more than five hundred yuan may be imposed:

(1) Anyone who forges, alters or buys or sells official documents, certificates, certification documents or seals of state agencies, people's organizations, enterprises, institutions or other organizations ;

(2) Buying, selling or using forged or altered official documents, certificates and certification documents of state agencies, people’s organizations, enterprises, institutions or other organizations;

(3) ) Forge, alter, or resell train tickets, ship tickets, air tickets, theatrical performance tickets, sports competition tickets, or other valuable tickets or vouchers;

(4) Forge or alter ship registration numbers , buying, selling or using forged or altered ship registration numbers, or altering ship engine numbers.

Article 53 If a ship enters or docks in waters or islands prohibited or restricted by the state without authorization, the person in charge of the ship and relevant responsible persons shall be fined not less than 500 yuan but not more than 1,000 yuan; if the circumstances are serious, , shall be detained for not more than five days and shall be fined not less than 500 yuan but not more than 1,000 yuan.

Article 54: Anyone who commits any of the following acts shall be detained for not less than ten days but not more than fifteen days, and shall be fined not less than five hundred yuan but not more than one thousand yuan; if the circumstances are relatively minor, he shall be sentenced to not more than five days. Detention or a fine of not more than 500 yuan:

(1) Violating national regulations, carrying out activities in the name of a social group without registration, and continuing to carry out activities after being banned;

(2) Social groups that have been deregistered according to law still carry out activities in the name of social groups;

(3) Without permission, they operate industries that require permission from the public security organs in accordance with national regulations.

Any behavior specified in item 3 of the preceding paragraph shall be banned.

If an operator who has obtained a license from the public security organ violates relevant national management regulations, and the circumstances are serious, the public security organ may revoke the license.

Article 55: Anyone who incites or plans illegal assemblies, processions, or demonstrations and refuses to listen to dissuasion shall be detained for not less than ten days but not more than fifteen days.

Article 56: Staff members of the hotel industry fail to register the name, identity document type and number of the hotel guests as required, or fail to stop the hotel guests from bringing dangerous substances into the hotel knowing that they are not allowed to do so. , a fine of not less than RMB 200 but not more than RMB 500 shall be imposed.

If a staff member of the hotel industry knowingly knows that the guest staying is a criminal suspect or a person wanted by the public security organ, and fails to report it to the public security organ, he or she shall be fined not less than 200 yuan but not more than 500 yuan; if the circumstances are serious, Detention for not more than five days and a fine of not more than five hundred yuan may be imposed.

Article 57 If a house lessor rents a house to a person without an identity document, or fails to register the lessee’s name, identity document type and number as required, he shall be fined not less than RMB 200 but not more than RMB 500. A fine of less than RMB 10,000.

If the lessor of a house knowingly knows that the lessee is using the rented house to carry out criminal activities and fails to report it to the public security organ, he shall be fined not less than 200 yuan but not more than 500 yuan; if the circumstances are serious, he shall be detained for not more than five days, and may be concurrently detained. A fine of not more than five hundred yuan shall be imposed.

Article 58 Anyone who violates the legal provisions on the prevention and control of noise pollution in social life and creates noise that interferes with the normal life of others shall be given a warning; those who do not make corrections after the warning shall be fined not less than 200 yuan but not more than 500 yuan. .

Article 59: Anyone who commits any of the following acts shall be fined not less than five hundred yuan but not more than one thousand yuan; if the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and shall also be fined not less than five hundred yuan but not more than one thousand yuan. Fines of up to 1,000 yuan:

(1) If a pawnbroker accepts an item for pawn, he or she fails to check the relevant certificates, fails to perform registration procedures, or fails to report it to the public security organ knowing that it is a suspected criminal or stolen item;

(2) Violating national regulations by purchasing waste special equipment for railways, oil fields, power supply, telecommunications, mining, water conservancy, surveying and urban public facilities;

(3) Purchasing public security equipment The agency reports stolen goods or items suspected of being stolen; (4) Purchasing other items that are prohibited by the state.

Article 60 Anyone who commits any of the following acts shall be detained for not less than five days but not more than ten days, and shall also be fined not less than 200 yuan but not more than 500 yuan:

(1) Hide , transfer, sell or destroy property seized, sealed or frozen by administrative law enforcement agencies in accordance with the law;

(2) Forge, conceal, destroy evidence or provide false testimony or falsely report the case, affecting the administrative law enforcement agencies' handling of cases in accordance with the law. ;

(3) Knowingly harboring, transferring or selling stolen goods on behalf of others;

(4) Being subject to control in accordance with the law, deprived of political rights, or serving a sentence outside prison such as probation, medical parole, etc. Criminals in prison or persons against whom criminal compulsory measures have been taken in accordance with the law, have violated laws, administrative regulations and the relevant supervision and management regulations of the public security department of the State Council.

Article 61: Anyone who assists in organizing or transporting others to illegally cross the national (border) border shall be detained for not less than ten days but not more than fifteen days, and shall also be fined not less than one thousand yuan but not more than five thousand yuan.

Article 62 Whoever provides conditions for persons to illegally cross the national (border) border shall be detained for not less than five days but not more than ten days, and shall also be fined not less than 500 yuan but not more than 2,000 yuan.

Anyone who crosses the national (border) border illegally shall be detained for not more than five days or fined not more than 500 yuan.

Article 63 Whoever commits any of the following acts shall be given a warning or fined not more than 200 yuan; if the circumstances are more serious, he shall be detained for not less than five days but not more than ten days, and shall also be fined not less than 200 yuan but not more than 500 yuan. A fine of not more than RMB 10,000 is imposed:

(1) Engraving, defacement or otherwise intentionally damaging cultural relics and scenic spots and historic sites protected by the state;

(2) Violating national regulations, using cultural relics on cultural relics Conducting activities such as blasting and excavation near protected units, endangering the safety of cultural relics.

Article 64 Anyone who commits any of the following acts shall be fined not less than RMB 500 but not more than RMB 1,000; if the circumstances are serious, he shall be detained for not less than ten days but not more than fifteen days, and shall also be fined not less than RMB 500. Fines of up to 1,000 yuan:

(1) Stealing other people’s motor vehicles;

(2) Driving without a driver’s license or stealing other people’s aircraft or motor vessels.

Article 65: Anyone who commits any of the following acts shall be detained for not less than five days but not more than ten days; if the circumstances are serious, he shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than one thousand yuan :

(1) Deliberately damaging or defiling other people’s graves or destroying or discarding other people’s bones or ashes; Affecting the normal life and work order of others and refusing to listen to dissuasion.

Article 66: Those who engage in prostitution or whoring shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than five thousand yuan; if the circumstances are relatively minor, they shall be detained for not more than five days or fined not more than five hundred yuan. fines below.

Anyone soliciting prostitution in a public place shall be detained for not more than five days or fined not more than 500 yuan.

Article 67: Anyone who induces, tolerates or introduces others to prostitution shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than five thousand yuan; if the circumstances are relatively minor, he shall be detained for not more than five days. Or a fine of not more than five hundred yuan.

Article 68: Producing, transporting, copying, selling, leasing obscene books, periodicals, pictures, films, audio-visual products and other obscene materials, or using computer information networks, telephones and other communication tools to spread obscene information, A person may be detained for not less than 10 days but not more than 15 days and may be fined not more than 3,000 yuan; if the circumstances are relatively minor, he may be detained for not more than 5 days or fined not more than 500 yuan.

Article 69: Anyone who commits any of the following acts shall be detained for not less than ten days but not more than fifteen days, and shall also be fined not less than five hundred yuan but not more than one thousand yuan:

(1) ) Organize the broadcast of obscene audio and video;

(2) Organize or conduct obscene performances;

(3) Participate in gatherings of people for lewd activities.

Anyone who knowingly provides conditions for others to engage in the activities mentioned in the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.

Article 70: Anyone who provides conditions for gambling for the purpose of profit, or participates in gambling with a large amount of money, shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are serious, he shall be sentenced to not less than 10 days Detention for not more than 15 days and a fine of not less than 500 yuan but not more than 3,000 yuan.

Article 71: Anyone who commits any of the following acts shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than three thousand yuan; if the circumstances are relatively minor, he shall be detained for not more than five days or fined not more than five years. Fines of not more than 100 yuan: (1) Illegal planting of less than 500 opium poppies or other small quantities of original drug plants; (2) Illegal buying, selling, transporting, carrying, or possessing small quantities of Uninactivated raw seeds or seedlings of opium poppies and other drugs;

(3) Illegally transporting, trading, storing, and using a small amount of poppy shells.

Anyone who commits the acts listed in the first paragraph of the preceding paragraph and eradicates them before maturity shall not be punished.

Article 72 Anyone who commits any of the following acts shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than two thousand yuan; if the circumstances are relatively minor, he shall be detained for not more than five days or five years. Fines of up to 100 yuan: (1) Illegal possession of less than 200 grams of opium, less than 10 grams of heroin or methamphetamine, or other small amounts of drugs;

(2) Possession of drugs to others; Providing drugs;

(3) Taking or injecting drugs;

(4) Coercing or deceiving medical staff into prescribing narcotics and psychotropic drugs.

Article 73: Anyone who instigates, induces or deceives others to take or inject drugs shall be detained for not less than ten days but not more than fifteen days, and shall also be fined not less than 500 yuan but not more than 2,000 yuan.

Article 74: Personnel in the hotel industry, catering service industry, cultural entertainment industry, taxi industry and other units shall be illegal and criminal perpetrators when the public security organs investigate and deal with drug abuse, gambling, prostitution, and whoring activities. Anyone who makes a report shall be detained for not less than ten days but not more than fifteen days.

Article 75 Anyone who raises animals and interferes with the normal life of others shall be given a warning; anyone who fails to correct himself after the warning, or who allows animals to intimidate others shall be fined not less than RMB 200 but not more than RMB 500.

Those who drive animals to harm others shall be punished in accordance with the provisions of Article 43, Paragraph 1 of this Law.

Article 76: If a person commits the acts listed in Articles 67, 68, and 70 of this Law and refuses to change despite repeated admonitions, compulsory education measures may be taken in accordance with state regulations.

Chapter 4 Punishment Procedures

Section 1 Investigation

Article 77 The public security organs shall take the initiative to report, accuse, report or violate public security management Surrender cases, as well as cases of violation of public security management transferred by other administrative departments and judicial organs, shall be accepted in a timely manner and registered.

Article 78: After accepting a report, accusation, report or surrender, if the public security organ considers that it is a violation of public security management, it shall immediately investigate; if it considers that it is not a violation of public security management, it shall inform the person who reported the case , accuser, whistleblower, surrenderer, and explain the reasons.

Article 79: Investigations of public security cases by public security organs and their people’s police shall be conducted in accordance with the law. It is strictly prohibited to use torture to extract confessions or use threats, inducements, deception and other illegal means to collect evidence.

Evidence collected through illegal means shall not be used as the basis for punishment.

Article 80: When handling public security cases, the public security organs and their people's police shall keep the state secrets, commercial secrets or personal privacy involved confidential.

Article 81: When the people's police encounter any of the following situations in the process of handling public security cases, they shall recuse themselves; the person who violates public security management and the person who is responsible