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People's Republic of China (PRC) Public Security Administration Punishment Law

executive order

(no.38)

The Law of People's Republic of China (PRC) on Public Security Administration Punishment was adopted by the 17th meeting of the 10th NPC Standing Committee in People's Republic of China (PRC) on August 28th, 2005, and is hereby promulgated and shall come into force on March 1 2006.

Hu Jintao, President of People's Republic of China (PRC)

August 28(th), 2005

People's Republic of China (PRC) Public Security Administration Punishment Law

(Adopted at the 17th meeting of the Standing Committee of the Tenth NPC on August 28th, 2005)

catalogue

Chapter I General Provisions

Chapter II Types and Application of Punishment

Chapter III Acts and Penalties for Violation of Public Security Administration

Section 1 Acts and penalties for disturbing public order

Section 2 Acts and Penalties for Disrupting Public Security

Section 3 Acts and Penalties for Infringement of Personal Rights and Property Rights

Section 4 Acts and Penalties for Obstruction of Social Management

Chapter IV Punishment Procedure

Section 1 Investigation

Section II Decisions

Section III Execution

Chapter V Law Enforcement Supervision

Chapter VI Supplementary Provisions

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

Section 1 Acts and penalties for disturbing public order

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:

(a) forcibly entering the site;

(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 disrupt social order and endanger the health of others.

Article 28 Whoever, in violation of state regulations, intentionally interferes with the normal operation of radio services, or causes harmful interference to radio stations (stations) operating normally, refuses to take effective measures to eliminate them after being pointed out by the relevant competent department, shall be detained for more than five days and less than ten days; If the circumstances are serious, they shall be detained for more than ten days and less than fifteen days.

Article 29 Whoever commits one of the following acts shall be detained for not more than five days; If the circumstances are serious, they shall be detained for more than five days and less than ten days:

Invading computer information systems in violation of state regulations, causing harm;

(two) in violation of state regulations, delete, modify, increase or interfere with the functions of the computer information system, so that the computer information system can not operate normally;

(3) Deleting, modifying or adding data and applications stored, processed and transmitted in the computer information system in violation of state regulations;

(four) deliberately making and spreading destructive programs such as computer viruses, which affect the normal operation of computer information systems.

Section 2 Acts and Penalties for Disrupting Public Security

Article 30 Whoever, in violation of state regulations, manufactures, trades, stores, transports, mails, carries, uses, provides or disposes of explosive, toxic, radioactive and corrosive substances or pathogens of infectious diseases shall be detained for more than 10 days and less than 15 days; If the circumstances are minor, they shall be detained for more than five days and less than ten days.

Article 31 Anyone who fails to report the theft, robbery or loss of explosive, highly toxic, radioactive, corrosive or infectious disease pathogens shall be detained for not more than five days; Whoever intentionally conceals or fails to report it shall be detained for more than five days and less than ten days.

Article 32 Whoever illegally carries guns, ammunition, crossbows, daggers and other control devices prescribed by the state shall be detained for not more than five days and may also be fined not more than 500 yuan; If the circumstances are minor, a warning or a fine of not more than 200 yuan shall be imposed.

Whoever illegally carries guns, ammunition, crossbows, daggers and other state-regulated control devices into public places or public transport shall be detained for not less than five days but not more than ten days and may also be fined not more than 500 yuan.

Article 33 Whoever commits one of the following acts shall be detained for not less than 10 days but not more than 15 days:

(1) Stealing or damaging oil and gas pipeline facilities, power telecommunication facilities, radio and television facilities, water conservancy and flood control engineering facilities, or public facilities such as hydrological monitoring, measurement, weather forecast, environmental monitoring, geological monitoring and earthquake monitoring;

(2) moving or damaging boundary markers, boundary markers and other boundary signs, border facilities or territorial sea or territorial sea sign facilities;

(3) illegal acts that affect the direction of the country (border) or the construction of facilities that hinder the management of the country (border).

Article 34 Whoever steals, damages or moves the aviation facilities in use without authorization or forcibly enters the cockpit of an aircraft shall be detained for not less than 10 days but not more than 15 days.

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

Article 35 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 500 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) theft, damage or unauthorized movement of railway facilities, equipment, locomotive and rolling stock parts or safety signs;

(two) placing obstacles on the railway line, or deliberately throwing objects at the train;

(3) Digging pits, quarrying and sand mining on railway lines and bridges and culverts;

(four) in the railway crossing or grade crossing.

Article 36 Whoever enters the railway protective net without authorization or walks, sits or grabs the railway when the train comes, thus affecting the traffic safety, shall be given a warning or fined not more than 200 yuan.

Article 37 Whoever commits one 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, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:

(a) without approval, the installation and use of power grid, or the installation and use of power grid does not meet the safety requirements;

(2) There are no shelters, fences and warning signs in ditches, wells and holes where vehicles and pedestrians pass during construction, or the shelters, fences and warning signs are intentionally damaged or moved;

(three) theft, damage to road manhole covers, lighting and other public facilities.

Thirty-eighth cultural, sports and other large-scale mass activities in violation of relevant regulations, there is a danger of safety accidents, shall be ordered to stop activities, immediately evacuated. The organizer shall be detained for more than five days and less than ten days, and a fine of more than 200 yuan and less than 500 yuan shall be imposed; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.

Article 39 If the managers of hotels, restaurants, theaters, amusement parks, stadiums, exhibition halls or other public activities violate safety regulations and are in danger of safety accidents, the public security organs shall order them to make corrections and detain them for not more than five days.

Section 3 Acts and Penalties for Infringement of Personal Rights and Property Rights

Article 40 Whoever commits one of the following acts shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan; If the circumstances are relatively minor, they shall be detained for more than five days and less than ten days, and shall be fined between two hundred yuan and five hundred yuan:

(1) Organizing, coercing or tricking people under the age of 16 or disabled people into performing horrible and cruel performances;

(2) forcing others to work by violence, threat or other means;

(3) Illegally restricting the personal freedom of others, illegally invading other people's houses or illegally searching other people's bodies.

Article 41 Whoever coerces, lures or uses others to beg shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.

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