Full text of detailed rules for the implementation of public security punishment law

Detailed Rules for the Implementation of People's Republic of China (PRC) Public Security Administration Punishment Law

Chapter I General Provisions

Article 1 This Law is formulated for the purpose of maintaining public order, ensuring public safety, protecting the legitimate rights and interests of citizens, legal persons and other organizations, and standardizing and ensuring that public security organs and their people's police perform their duties of public security administration according to law.

Article 2 Anyone who disturbs public order, endangers public safety, infringes on personal rights and property rights, and hinders social management, which is harmful to society and constitutes a crime in accordance with the provisions of the Criminal Law of People's Republic of China (PRC), shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security in accordance with this law.

Article 3 The provisions of this Law shall apply to the procedure of administrative punishment for public security; Where 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 acts violating the administration of public security within the territory of People's Republic of China (PRC), except as otherwise provided by law.

This Law shall apply to acts that violate the administration of public security on ships and aircraft in People's Republic of China (PRC), unless there are special provisions in the law.

Fifth public security management punishment must be based on facts, and the nature, circumstances and social harm of violations of public security management are equivalent.

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

Handling public security cases should adhere to the principle of combining education with punishment.

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

Article 7 The public security department of the State Council is in charge of public security management throughout the country. The public security organs of the local people's governments at or above the county level shall be responsible for the administration of public security within their respective administrative areas.

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

Eighth violations of public security management caused damage to others, the actor or his guardian shall bear civil liability according to law.

Ninth public security organs can mediate and deal with minor violations of public security management caused by civil disputes, such as fighting and damaging other people's property. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration in accordance with the provisions of this law, and inform the parties that they can bring a civil lawsuit to the people's court according to law.

Chapter II Types and Application of Punishment

Tenth types of public security management punishment are divided into:

(1) warning;

(2) a fine;

(3) Administrative detention;

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

Foreigners who violate the administration of public security may apply for another time limit to leave the country or be deported.

Article 11 contraband such as drugs, obscene articles, gambling paraphernalia, drugs smoking and injecting paraphernalia, and tools directly used by myself to commit acts violating the administration of public security, etc. seized in handling public security cases, shall be confiscated and dealt with in accordance with regulations.

Property obtained in violation of public security administration shall be recovered and returned to the infringed person; If there is no infringer, it shall be registered, auctioned or disposed of in accordance with relevant state regulations, and the income shall be turned over to the state treasury.

Twelfth people who have reached the age of 14 and under the age of 18 violate the administration of public security, and shall be given a lighter or mitigated punishment; Persons under the age of fourteen who violate the administration of public security shall not be punished, but their guardians shall be ordered to strictly discipline them.

Thirteenth mental patients who violate the administration of public security when they can't identify or control their own behavior shall not be punished, but their guardians shall be ordered to strictly guard and treat them. Intermittent mental patients who violate the administration of public security when they are mentally normal shall be punished.

Fourteenth blind or deaf people who violate the administration of public security may be given a lighter, mitigated or not punished.

Fifteenth drunken people who violate the administration of public security shall be punished.

When a drunken person is in a drunken state, if he is dangerous to himself or threatens the personal, property or public safety of others, protective measures should be taken to restrain him until he is sober.

Sixteenth there are two or more violations of public security management, decided separately, combined execution. Combined with administrative detention punishment, the longest shall not exceed twenty days.

Seventeenth * * * with violations of public security management, according to the role of the violator in the violation of public security management, were punished.

Those who instigate, coerce or trick others into violating the administration of public security shall be punished according to their acts of instigation, coercion or deception.

Article 18 If a unit violates the administration of public security, the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of this Law. If other laws and administrative regulations have provisions on punishment for the same act, they shall be punished in accordance with their provisions.

Nineteenth violation of public security management in any of the following circumstances, mitigated punishment or no punishment:

(a) the circumstances are particularly minor;

(two) take the initiative to eliminate or mitigate the illegal consequences, and obtain the understanding of the infringed;

(3) Being coerced or deceived by others;

(four) voluntarily surrender, truthfully state their illegal acts to the public security organs;

(5) Having rendered meritorious service.

Article 20 Whoever violates the administration of public security under any of the following circumstances shall be given a heavier punishment:

(a) the consequences are serious;

(2) instigating, coercing or tricking others into violating the administration of public security;

(three) to take revenge on informants, accusers, informants and witnesses;

(4) Having been punished by public security administration within six months.

Article 21 If an actor who violates the administration of public security is under any of the following circumstances and should be punished by administrative detention according to this Law, he shall not be punished by administrative detention:

(a) has reached the age of fourteen but under the age of sixteen;

(2) Having reached the age of 16 but under the age of 18, violating the administration of public security for the first time;

(three) more than seventy years of age;

(four) pregnant or nursing a baby under one year old.

Twenty-second violations of public security management are not discovered by the public security organs within six months, and will not be punished.

The time limit prescribed in the preceding paragraph shall be counted from the date when the violation of public security administration occurs; If the violation of public security management has a continuous or continuous state, it shall be counted from the date of the end of the act.

Chapter III Acts and Penalties for Violation of Public Security Administration

Twenty-third one of the following acts, a warning or a fine of two hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:

(1) Disrupting the order of organs, organizations, enterprises and institutions, resulting in work, production, business, medical treatment, teaching and scientific research not being carried out normally, but causing no serious losses;

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

(3) disturbing the order on buses, trams, trains, ships, aircraft or other public transport;

(four) illegal interception or forced boarding, boarding motor vehicles, ships, aircraft and other means of transportation, affecting the normal running of vehicles;

(5) disturbing the election order conducted according to law.

Whoever gathers people to commit the acts mentioned in the preceding paragraph shall be detained for more than 10 days and less than 15 days, and may also be fined less than 1,000 yuan.

Twenty-fourth any of the following acts, disrupting the order of large-scale mass activities such as culture and sports, shall be given a warning or a fine of not more than 200 yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:

(1) forcibly entering the meeting place;

(two) in violation of regulations, fireworks or other items in the venue;

(three) display insulting slogans, banners and other items;

(4) Besieging referees, athletes or other staff members;

(five) throwing debris into the venue, not listening to stop;

(six) other acts that disrupt the order of large-scale mass activities.

Those who are detained and punished for disturbing the order of sports competitions may also be ordered not to enter sports venues to watch similar competitions within 12 months; Those who enter the stadium illegally are forcibly taken away from the scene.

Article 25 Whoever commits one 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, they shall be detained for not more than five days or fined not more than five hundred yuan:

(a) spreading rumors, lying about dangerous situations, epidemic situations, police situations or deliberately disturbing public order by other means;

(two) throwing fake explosions, toxic, radioactive, corrosive substances or infectious disease pathogens and other dangerous substances to disturb public order;

(3) Threatening to set fire, explode or throw dangerous substances to disturb public order.

Article 26 Whoever commits one of the following acts shall be detained for more than five days and less than ten days, and may also be fined up to five hundred yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may be fined 1000 yuan:

Gang fighting;

(2) Chasing or intercepting others;

(three) extortion or arbitrary damage, embezzlement of public or private property;

(4) Other provocative acts.

Article 27 Whoever commits one of the following acts shall be detained for not less than 10 days but not more than 15 days, and may be fined not more than 1,000 yuan; If the circumstances are relatively minor, they shall be detained for more than five days and less than ten days, and may be fined not more than five hundred yuan:

(1) Organizing, instigating, coercing, tricking or inciting others to engage in cult, cult or superstitious activities, disrupting social order and harming the health of others;

(2) using religion or qigong to disturb social order and harm others.

legal ground

Detailed Rules for the Implementation of the Law of People's Republic of China (PRC) on Public Security Administration Punishment Article 1 This Law is formulated for the purpose of maintaining public order, ensuring public safety, protecting the legitimate rights and interests of citizens, legal persons and other organizations, and standardizing and ensuring that public security organs and their people's police perform their duties of public security administration according to law.