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What are the penalties for drugs in the "Public Security Administration Punishment Law of the People's Republic of China"?
What are the penalties for drugs in the "Public Security Administration Punishment Law of the People's Republic of China"?
The 17th meeting of the Standing Committee of the 10th National People's Congress passed the "Public Security Management Punishment Law of the People's Republic of China" on August 28, 2005, and the relevant provisions on drug security are now included in it. An excerpt from the penalty provisions of the case is as follows: Article 71 Whoever 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 Fines of up to five hundred yuan: (1) Illegal cultivation of less than 500 opium poppies or other small quantities of original drug plants; (2) Illegal trading, transportation, carrying, and possession of small amounts of uninactivated seeds or seedlings of opium poppies and other original drug plants ; (3) Illegally transporting, trading, storing, and using a small amount of poppy shells. Anyone who commits the acts mentioned 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 fined not more than five hundred 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) Providing drugs to others; (3) Taking or injecting drugs; (4) Coercing or deceiving medical personnel Prescribe *** products, ***. 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 who inform the public security organs of drug abuse, gambling, prostitution, and whoring activities for illegal and criminal activities shall be sentenced to ten days in prison. Detention for not less than fifteen days but not more than fifteen days. Article 119 This law shall come into effect on March 1, 2006. The "Regulations on Public Security Administration and Penalties of the People's Republic of China" promulgated on September 5, 1986 and revised and promulgated on May 12, 1994 are abolished at the same time. The provisions of Article 42 of the "Public Security Administration Punishment Law of the People's Republic of China"
Article 42 of the "Public Security Administration Punishment Law of the People's Republic of China" commits any of the following acts: The offender shall be detained for not more than five days or fined not more than five hundred yuan; if the circumstances are more 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:
(1) Writing a threatening letter or Threatening the personal safety of others by other means;
(2) Publicly insulting others or fabricating facts to slander others;
(3) Fabricating facts to frame others in an attempt to subject others to criminal prosecution Or subject to public security management penalties;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) Repeatedly sending obscene, insulting , threats or other information that interferes with the normal life of others;
(6) Peeping, spying, eavesdropping, or spreading other people's privacy. Interpretation of the Public Security Administration Punishment Law of the People's Republic of China
The Public Security Administration Punishment Law has just been promulgated not long ago, and the loopholes are not obvious. There is only a few explanations from the Ministry of Public Security that can be found online. Will the Regulations of the People's Republic of China on Public Security Administration Punishments still be valid after the implementation of the Public Security Administration Punishment Law of the People's Republic of China?
Invalid.
What process has it gone through from the "Regulations of the People's Republic of China on Public Security Administration Punishments" to the "Public Security Administration Punishment Law of the People's Republic of China"?
The "Regulations on Public Security Administration Punishments" was adopted by the 17th meeting of the 6th National People's Congress Standing Committee on September 5, 1986, and came into effect on January 1, 1987! On May 12, 1994, the 7th meeting of the 8th National People's Congress Standing Committee made some modifications to the "Regulations", but it was not perfect! In August 1997, the Ministry of Public Security, together with relevant parties, conducted an investigation, study and demonstration on the "Regulations", and repeatedly listened to the opinions and suggestions of local and grassroots public security organs. In April 2002, the "People's Republic of China Public Security Management Punishment Law (Sent to the People's Republic of China) (Draft)" was submitted to the State Council to form the "Public Security Administration Punishment Law of the People's Republic of China (Draft)". On August 28, 2005, the 17th meeting of the Standing Committee of the Tenth National People's Congress reviewed and approved the "People's Liberation Army of China" *The Public Security Administration Punishment Law of the People's Republic of China.
The difference between the two:
Regulations belong to the scope of regulations, and regulations include regulations; regulations are divided into administrative regulations formulated by the State Council and local regulations formulated by local people's congresses.
In the narrow sense, laws can only be called laws if they are enacted and promulgated by the National People's Congress and its Standing Committee. Most of them are called "Law of the People's Republic of China and the State"; while regulations are formulated by the State Council or local people's congresses. Formulated, often titled "XX Regulations", "XX Implementation Measures", "XX Implementation Rules". In addition, according to Article 9 of the "Administrative Punishment Law of the People's Republic of China": the law can set various administrative penalties. Administrative penalties that restrict personal freedom can only be set by law. In this case, because the "Public Security Punishment Regulations" are not a law, administrative penalties that restrict personal freedom cannot be set. If the "Public Security Punishment Regulations" are not elevated to law, then it will conflict with the Administrative Punishment Law. Therefore, if it is elevated to law, it will be inconsistent with the Administrative Punishment Law. Administrative Penalty Law has been harmonized.
Regulations are not higher than laws and regulations! Regulations and regulations can be promulgated by the National People's Congress or the Standing Committee of the National People's Congress or the State Council! Regulations are also inapplicable in response to changes in the times and society. They must be constantly improved!
How to translate the Public Security Administration Punishment Law of the People's Republic of China?
Law of the People's Republic of China on Public Security Administration Punishments e-book of the People's Republic of China on Public Security Administration Punishments
Law of the People's Republic of China on Public Security Administration Punishments
Contents
Chapter 1 General Provisions Chapter 2 Types and Application of Punishments
Chapter 3 Violations of Public Security Management and Punishments
Section 1 Behaviors and Punishments that Disturbing Public Order Section 2 Behaviors and Punishments that Hinder Public Safety
Section 3 Behaviors and Punishments that Infringe upon Personal Rights and Property Rights Section 4 Behaviors and penalties that impede social management
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 social order, ensure public safety, protect the legitimate rights and interests of citizens, legal persons and other organizations, and regulate This law is formulated to ensure that public security organs and their people's police perform their public security management duties in accordance with the law.
Article 2 Disrupting public order, impeding public safety, infringing upon personal rights and property rights, impeding social management, and having social harm, in accordance with the "Criminal Law of the People's Republic of China and 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 specified 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 should 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 local people's police public security organs 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 an act that violates 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;
(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 deadlines 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 a drunken state and is in danger to himself or threatens the personal, property or public safety of others, protective measures should 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: Those who violate public security management with the same crime 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) Those who have performed meritorious services.
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) Already 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 not 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 that Violate Public Security Management
Section 1 Behaviors and Punishments that Disrupt 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 order in shopping malls, parks, exhibition halls or other public places;
(3) Disturbing public order on buses, trams, trains, ships, aircraft or other public transportation vehicles To prevent order;
(4) Illegal interception, forcible 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.
If 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.
Anyone who is sentenced to detention for disrupting the order of a sports competition may also be ordered not to enter the stadium to watch similar competitions within twelve months; anyone who violates the regulations and enters the stadium 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 Those who violate national regulations, intentionally interfere with the normal operation of radio services, or cause harmful interference to normally operating radio stations (stations), refuse 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 systems to fail to operate normally;
(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, 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 Anyone who 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 borders Boundary monuments, boundary stakes 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 construction that hinders national (border) border management facilities.
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 Whoever 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 or fined not more than five hundred yuan. A fine of not more than RMB 10,000 is imposed:
(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, 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 trenches, wells and ridges, or intentional damage or removal of coverings, fences and warning signs;
(3) Theft or destruction of road manhole covers , lighting and other public facilities.
Article 38 If any large-scale mass activities such as culture or sports are held in violation of relevant regulations and there is a risk of safety accidents, the activities shall be ordered to stop and evacuate immediately. The organizer shall be detained for not less than five days but not more than ten days, and shall be fined not less than 200 yuan but not more than 500 yuan; if the circumstances are relatively minor, the organizer shall be detained for not less than five days and not more than 500 yuan, 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, deceives 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.
Anyone who repeatedly pesters, forcibly begs, or begs 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 10,000:
(1) Writing threatening letters or threatening others’ personal safety by other means;
(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 Revenge;
(5) Repeatedly sending obscene, insulting, threatening or other information, interfering with the normal life of others;
(6) Peeping, spying, eavesdropping, spreading other people’s privacy.
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.
Anyone who commits any of the following circumstances shall be detained for not less than ten days but not more than fifteen 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 molests the body in a public place, if the circumstances are serious, shall be detained for not less than five days but not more than ten days; he who molests intellectually disabled persons, mentally ill persons, Persons under the age of fourteen or those with 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 of family members, 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 forcefully buys or sells goods, 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 Whoever steals, defrauds, robs, robs, 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 500 yuan. Detention for not less than 10 days but not more than 10 days may also result in a fine of not more than 500 yuan:
(1) Refusal to implement decisions and 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;
(4) Forcibly breaking through the warning belts and warning areas set up by the public security organs.
Anyone who obstructs 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.
Anyone who pretends to be a military or police officer 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 sentenced to 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) 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 RMB 500 but not more than RMB 1,000; 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 also be fined not less than five hundred yuan but not more than one thousand yuan; if the circumstances are relatively minor, he shall be fined not less than five days but 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: Hotel industry staff members fail to register the name, identity document type and number of overnight guests as required, or fail to stop overnight 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 RMB 200 but not more than RMB 500; 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. Contents of Article 107 of the Public Security Administration Punishment Law of the People's Republic of China
Article 82 If it is necessary to summon a person who violates public security administration for investigation, he or she shall be summoned using a summons certificate with the approval of the person in charge of the case handling department of the public security organ. . For persons found to have violated public security management on site, the people's police may summon them orally upon presentation of their work IDs, but this shall be noted in the interrogation record.
The public security organ shall inform the person being summoned of the reason and basis for the summons. Those who refuse to accept the summons or evade the summons without justifiable reasons may be summoned compulsorily. How to understand the relationship between the Public Security Administration Punishment Regulations of the People's Republic of China and the Public Security Administration Punishment Law of the People's Republic of China?
1. The difference between the two: The main difference lies in the different formulation agencies of the two.
1. The former is a regulation formulated by the National People's Congress and its Standing Committee authorized by the State Council. It belongs to administrative regulations;
2. The latter is a formal law enacted by the Standing Committee of the National People's Congress;
2. The connection between the two.
The State Council is only an administrative agency and does not originally have legislative power. However, in many cases, because the National People’s Congress and its Standing Committee are not ready to legislate on certain aspects, some legislative powers can be delegated to the State Council. Let them formulate administrative regulations first. After practical testing, when the conditions for enacting laws are mature, the National People's Congress and its Standing Committee will enact laws. After the enactment of laws, this authorization will terminate. Therefore, when the Public Security Administration Punishment Law was promulgated, the regulations were of course abolished.
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