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中华人民共和国治安管理处罚法(英文版)Law of the PRC on Public Security Administration

烟台大学法学院

法律硕士张川方

中华人民共和国治安管理处罚法(英文版)

Law of the PRC on Penalties for Administration of Public Security

(Adopted at the 17th Meeting of the Standing Committee of the Tenth National People’s Congress on August 28, 2005)

No. 38 Order of the President of the PRC

The Law of the People’s Republic of China on Penalties for Administration of Public Security, adopted at the 17th Meeting of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on August 28, 2005, is hereby promulgated and shall go into effect as of March 1, 2006.

Hu Jintao, President of the People’s Republic of China

August 25th, 2005

C-I General Provisions

Article 1

This Law is formulated to maintain public order(社会治安秩序), safeguard public safety(保障公共安全), protect the lawful rights and interests of citizens, legal persons and other organizations, and regularize and guarantee performance of the duties for administration of public security(治安管理职责) by the public security organ and the people’s police according to law. 2012-7-28 11:34:10

Article 2

A person who disturbs public order, endangers(妨害) public safety, infringes on the rights of person and property or hampers(妨害) social administration, which is harmful to the society and which, according to the provisions of the Criminal Law of the People’s Republic of China, constitutes a crime, shall be investigated for criminal responsibility according to the law. If such an act is not serious enough for criminal punishment, the public security organ shall impose on him a penalty for administration of public security(治安管理处罚) according to this Law.

Article 3

The provisions of this Law are applicable to the procedure of penalties for administration of public security; if there are no such provisions in this Law, the relevant provisions of the Law of the People’s Republic of China on Administrative Penalty(行政处罚) shall be applicable.

Article 4

(1) This Law shall be applicable to acts committed against the administration of public security within the territory of the People’s Republic of China, except where specially provided for by other laws(除法律有特别规定的外).

(2) This Law shall be applicable to acts against the administration of public security committed aboard ships or aircrafts(在船舶和航空器内) of the People’s Republic of China, except where specially provided for by other laws.

Article 5

(1) A penalty for administration of public security shall be based on facts and fit the nature and circumstances of the act committed against the administration of public security and the extent of harm done to the society(社会危害程度).

(2) Penalties for administration of public security shall be imposed openly and impartially, in which human rights(人权) shall be respected and safeguarded, and the human dignity(人格尊严) of citizens shall be protected.

(3) In dealing with cases of public security, the principle of combining education with penalty(教育与处罚相结合) shall be upheld.

Article 6

The people’s government at various levels shall make comprehensive improvement(加强综合治理)of public security and take effective measures to dissolve social contradictions, enhance social harmony and maintain social stability.

Article 7

(1) The department of public security under the state Council shall be responsible for administration of public security throughout the country. The public security organ of the local people’s government at or above the county level shall be responsible for administration of public security within their respective jurisdictional area.

(2) Jurisdiction over cases of public security shall be determined by the department of public security under the state Council(国务院公安部门).

Article 8

Where an act against the administration of public security causes harm to another person, the person committing such act(行为人) or his guardian(其监护人)shall bear civil liability according to law.

Article 9

In respect of acts against the administration of public security, such as brawling(打架斗殴) and damaging or destroying(损毁) another person’s property, which are caused by civil disputes(民间纠纷), if the circumstances are relatively minor(较轻), the public security organ may handle them through mediation. Where the parties concerned reach an agreement through mediation by the public security organ, no penalties shall be imposed. Where no agreement is reached through mediation or the agreement, although reached, is not executed, the public security organ shall, in accordance with the provisions of this Law, impose penalties upon the persons committing the acts against the administration of public security and notify the parties concerned that they may, according to law, bring a civil action to the people’s court in respect of the civil disputes(就民事争议).

C-II Types of Penalties and Their Application

Article 10

(1) Penalties for acts against the administration of public security are divided into the following types:

(a) warning;

(b) fine;

(c) administrative detention(行政拘留); and

(d) revocation of licenses issued by the public security organ.

(2) To a foreigner who acts against the administration of public security, leaving the country within a time limit(限期出境) or deportation(限期出境)attached to a penalty(附加) may be applicable.

Article 11

(1) Contraband seized(查获的违禁品) in dealing with cases of public security such as drugs and pornographic objects, gambling devices, money for gambling, devices used for ingesting or injecting drugs(吸食、注射毒品), and the instruments owned and directly used by the persons in their acts against the administration of public security shall be taken over(收缴) and disposed of according to relevant regulations.

(2) The money and things of value obtained through acts against the administration of public security shall be recovered and returned to the victim. Where there is no victim involved, they shall be registered and sold by auction or disposed of according to the relevant regulations of the state, and all the proceeds therefrom(所得款项)shall be handed over to the state Treasury.

Article 12

If a person who has attained to(达到,已满) the age of 14 but not to the age of 18 commits an act against the administration of public security, he shall be given a relatively light or mitigated(从轻或者减轻)penalty. If a person who has not attained to the age of 14 commits such an act, he shall not be penalized, but his guardian shall be instructed to subject him to strict discipline(严加管教).

Article 13

Where a mentally disordered person(精神病人) commits an act against the administration of public security at the time when he is unable to recognize or control his own conduct, he shall not be penalized, but his guardian shall be instructed to keep a strict guard on him and subject him to medical treatment(严加看管和治疗). Where an intermittently insane person(间歇性的精神病人)commits an act against the administration of public security while in normal mental condition, he shall be penalized.

Article 14

Where a blind or deaf-mute(又聋又哑的) person commits an act against the administration of public security, he may be given a relatively light or mitigated penalty, or shall not be penalized(可以不予处罚).

Article 15

(1) Where an intoxicated person(醉酒的人) commits an act against the administration of public security, he shall be penalized.

(2) Where an intoxicated person in a drunken state may cause danger to himself(对本人有危险)or threatens another person’s personal safety or property or public safety, protective measures shall be taken to restrain him until he sobers up(约束至酒醒).

Article 16

Where a person commits two or more acts against the administration of public security, decisions shall be made separately(分别决定)but executed concurrently(合并执行). Where penalties of administrative detention(行政拘留处罚) are concurrently executed, the maximum term of such detention shall not exceed 20 days.

Article 17

(1) Where an act is committed jointly against the administration of public security, the persons committing such act shall be penalized separately, depending on the role played by each of them in the act.

(2) Where a person instigates, coerces or lures(教唆、胁迫、诱骗) another person to act against the administration of public security, he shall be penalized according to the seriousness of the act committed as a result of his instigation, coercion or luring.

Article 18

Where a unit commits an act against the administration of public security, the persons directly in charge(直接负责的主管人员) and other persons directly responsible(其他直接责任人员) shall be penalized in accordance with the provisions of this Law. Where other laws or administrative regulations(行政法规) provide that penalty shall be imposed on a unit for the same act, the unit shall be penalized in accordance with the provisions thereof.

Article 19

The penalty to be imposed on a person who commits an act against the administration of public security shall be mitigated, or no penalty shall be imposed on him, under any of the following circumstances:

(1) the adverse effects are extremely minor(特别轻微);

(2) the person takes the initiative to(主动) remove or lessen the adverse effects(违法后果), and gains the victim’s forgiveness;

(3) the act is committed under(出于) the coercion or luring by another person;

(4) the person surrenders himself to the police(主动投案) and truthfully states his illegal act to the public security organ; or

(5) the person has performed meritorious service(有立功表现).

Article 20

Under any of the following circumstances, a heavier penalty shall be imposed(从重处罚) on a person who commits an act against the administration of public security:

(1) the adverse effects are relatively serious(较严重的);

(2) the person instigates, coerces or lures another person to commit an act against the administration of public security;

(3) the person retaliates against(打击报复)the reporter, accuser, informant(报案人、控告人、举报人) or witness; or

(4) the person has been subjected to penalty(曾受过处罚) for his act against the administration of public security within the past six months(六个月内).

Article 21

Under any of the following circumstances, the penalty of administrative detention shall not be executed against the person who has committed an act against the administration of public security(违反治安管理行为人), although such a penalty should be imposed on him according to the provisions of this Law:

(1) the person has attained to the age of 14 but not to the age of 16;

(2) the person has attained to the age of 16 but not to the age of 18, and such act is committed for the first time;

(3) the person is over 70 years old; or

(4) the person is pregnant or breast-feeding her own baby who is not one year old(不满一周岁的).

Article 22

(1) Where an act committed against the administration of public security is not discovered by the public security organ within six months, the person committing such act shall no longer be penalized.

(2) The period of time specified in the preceding paragraph shall be counted from the date the act against the administration of public security is committed. If such act is continual or continuing(有连续或者继续状态), the period of time shall be counted from the date the act ends.

C-III Acts Against the Administration of Public Security and Penalties

Section 1 Acts Disturbing Public Order and Penalties

Article 23

(1) A person who commits any of the following acts shall be given a warning or be fined not more than¥200; if the circumstances are relatively serious, he shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ¥500:

(a) disturbing the order of government organs(机关), public organizations, enterprises or institutions, thus making it impossible for work, production, business operation, medical care, teaching or scientific research to go on the rails(正常进行), but not having caused serious losses; (b) disturbing the public order at stations, ports, wharves(码头), airports, department stores(商场), parks, exhibition halls(展览馆) or other public places(公共场所);

(c) disturbing the public order on board of buses, trolleybuses(无轨电车), trains, ships, aircrafts and other means of public transportation(公共交通工具);

(d) illegally intercepting(非法拦截) or forcibly boarding(强登)or holding on(扒乘) to motor vehicles(机动车), ships, aircrafts and other means of transportation, thus hampering the normal operation(正常行驶) of the means of transportation; or

(e) disrupting the order of elections(选举秩序) conducted according to law.

(2) Where any act mentioned in the preceding paragraph is committed by a crowd(聚众实施), the ringleader(首要分子) shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than ¥1,000.

Article 24

(1) A person who commits any of the following acts, thus disturbing the order of such large-scale activities for the mass(大型群众性活动) as cultural or sports activities(文体活动), shall be given a warning or be fined not more than ¥200; if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ¥500:

(a) forcibly entering the arena(进入场内);

(b) setting off fireworks, firecrackers(燃放烟花爆竹) or other articles in the arena in violation of regulations;

(c) displaying such articles as humiliating slogans or streamers(标语、条幅);

(d) joining with other persons in attacking(围攻) a referee, player or any other worker;

(e) throwing odds and ends(投掷杂物) into the arena and turning a deaf ear to the order to stop(不听制止); or

(f) other acts disturbing the order of large-scale activities for the mass.

(2) A person on whom the penalty of detention is imposed because he disturbs the order of a sports competition(体育比赛) may, at the same time, be ordered not to enter a stadium or gymnasium to watch a competition of similar sports(同类比赛) within 12 months; if he enters a stadium or gymnasium in violation of the order, he shall be forcibly brought out of the spot(强行带离现场).

Article 25

A person who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ¥500; if the circumstances are relatively minor, he shall be detained for not more than 5 days or be fined not more than ¥500: (1) intentionally disturbing public order by spreading rumors(散布谣言), making false reports of dangerous situations or epidemic situations, raising false alarms(谎报警情) or by other means;

(2) disturbing public order by putting in(投放) fake hazardous substances such as explosive, toxic, radioactive and corrosive substances(腐蚀性物质) or pathogens of infectious diseases(传染病病原体); or

(3) disturbing public order by threatening to set fire(扬言实施放火), set off explosions, or put in hazardous substances.

Article 26

A person who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ¥500; if the circumstances are relatively serious, he shall be detained for not less 10 than days but not more than 15 days and may, in addition, be fined not more than ¥1,000:

(1) gang fighting(结伙斗殴);

(2) chasing or intercepting(拦截) other persons;

(3) forcibly taking and obstinately seizing(强拿硬要), or willfully damaging(任意损毁) and occupying public or private property(公私财物); or

(4) other provocative(寻衅滋事的) acts.

Article 27

A person who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than ¥1,000; if the circumstances are relatively minor, he shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ¥500:

(1) organizing, instigating(教唆), coercing, luring or inciting other persons to engage in activities of cults(邪教), superstitious sects(会道门), or secret societies(秘密社团), or making use of cults, superstitious sects, secret societies, or superstitious activities to disturb social order and harm the health of other people; or

(2) disturbing social order and harming the health of other persons by masquerading under the name of religion or qigong(冒用宗教、气功名义).

Article 28

A person who, in violation of state regulations, intentionally interferes with the normal operation of the radio business(无线电业务), or brings about(产生,带来) harmful interference with the normal operation of radio stations(无线电台) and refuses to take effective measures to eliminate such

interference after the relevant competent department(有关主管部门) points out the fact, shall be detained for not less than 5 days but not more than 10 days; if the circumstances are serious, he shall be detained for not less than 10 days but not more than 15 days.

Article 29

A person who commits any of the following acts shall be detained for not more than five days; if the circumstances are relatively serious, he shall be detained for not less than 5 days but not more than 10 days:

(1) in violation of state regulations, invading a computer information system(计算机信息系统), which causes harm to the system;

(2) in violation of state regulations, deleting, modifying, increasing or interfering with the functions of a computer information system, which makes it impossible for the system to operate normally;

(3) in violation of state regulations, deleting, modifying or increasing the stored, processed or transmitted data(处理、传输的数据)and the application program(应用程序)of a computer information system; or

(4) intentionally making up(制作) or transmitting such destructive programs(破坏性程序) as computer virus, which adversely affects(影响) the normal operation of a computer information system.

Section 2 Acts Impairing Public Security and Penalties

Article 30

A person who, in violation of state regulations, manufactures(制造), buys, sells, stores, transports, mails, carries, uses, provides or disposes of hazardous substances such as explosive, toxic, radioactive and corrosive substances or pathogens(病原体) of infectious diseases(传染病) shall be detained for not less than 10 days but not more than 15 days; if the circumstances are relatively minor, he shall be detained for not less than 5 days but not more than 10 days.

Article 31

A person who fails to report, as required by relevant regulations, when such hazardous substances as explosive, toxic, radioactive and corrosive substances or pathogens of infectious diseases are stolen, robbed or lost(被盗、被抢或者丢失)shall be detained for not more than five days; if he intentionally conceals the fact(故意隐瞒不报), he shall be detained for not less than 5 days but not more than 10 days.

Article 32

(1) A person who illegally carries such implements under control(管制器具) stipulated by the state as firearms, ammunition(枪支、弹药), or crossbows(弩) and daggers(匕首) shall be detained for not more that five days and may, in addition, be fined not more than ¥500; if the circumstances are relatively minor, he shall be given a warning or be fined not more than ¥200.

(2) A person who illegally carries such implements under control according to state regulations as firearms, ammunition, or crossbows and daggers to public places(公共场所) or aboard public transportation means(公共交通工具) shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ¥500.

Article 33

A person who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days:

(1) stealing or destroying oil or gas pipe-line installations(油气管道设施), electric power and telecommunications facilities(电力电信设施), radio and TV facilities, and water-conservancy and flood-control(水利防汛)engineering facilities(工程设施), or such public facilities(公共设施) as ones for hydrological monitoring(水文监测), hydrographic survey(水道测量), meteorological monitoring and weather forecast(气象测报), environmental monitoring, geological monitoring and seismologic monitoring(地震监测);

(2) moving to another place or destroying boundary tablets or stakes(界碑、界桩)of the national border(国家边境) and other boundary markers and installations(边境标志、边境设施), or marking installations(标志设施) of territorial land and sea; or

(3) conducting illegal activities affecting the alignment(影响走向) of the national border (frontier) line(国(边)界线), or constructing installations, which hampers national border (frontier) administration.

Article 34

(1) A person who steals, damages or moves to another place without permission(擅自移动) aviation facilities(航空设施) in use, or forcibly enters the control cabin of an aircraft(航空器驾驶舱) shall be detained for not less than 10 days but not more than 15 days.

(2) A person who uses implements or tools aboard an aircraft in use, which may impair the normal function of the navigation system(导航系统), and turns a deaf ear to dissuasions(不听劝阻) shall be detained for not more than 5 days or be fined not more than ¥500.

Article 35

A person who commits any of the following acts shall be detained for not less than five days but not more than 10 days and may, in addition, be fined not more than ¥500; if the circumstances are relatively minor, he shall be detained for not more than 5 days or be fined not more than ¥500: (1) stealing, destroying or moving to another place without permission railway facilities, equipment, motor vehicle appendages(机动车辆配件) or safety markers;

(2) placing obstacles on railway lines(在铁路线路上), or intentionally throwing things to trains;

(3) digging holes, quarrying or taking sand along railway lines, on bridges(在桥梁上) or in culverts(在涵洞处); or

(4) privately setting up(私设)road junctions(三叉路口) or level crossings(平交过道) on railway lines.

Article 36

A person who enters railway shelter networks(铁路防护网) without permission, or walks, sits or lies down on railway lines, or rushes across railway lines(抢越铁路) when a train is approaching, which endangers traffic safety(行车安全), shall be given a warning or be fined not more than ¥200. Article 37

A person who commits any of the following acts shall be detained for not more than five days or be fined not more than ¥500; if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ¥500:

(1) installing or using electrified wire nettings(电网)without permission(未经批准), or installing or using them at variance with(不符合) the regulations on safety;

(2) failing to place covers, fences(覆盖物、防围) or warning signs for ditches, wells, ridges and holes(沟井坎穴)when engaging in construction at places where vehicles and pedestrians pass, or intentionally destroying or moving to another place the covers, fences or warning signs; or

(3) stealing or destroying such public facilities as well covers on the road surface(路面井盖) and lighting facilities(照明设备).

Article 38

Where an accident endangering safety(安全事故) may occur during such large-scale mass activities as cultural and sports activities held in violation of relevant regulations, such activities shall be ordered to stop, and the participants shall be immediately evacuated(立即疏散). The organizer shall be detained for not less than 5 days but not more than 10 days and shall, in addition, be fined not less than ¥200 but not more than ¥500; if the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more than ¥500.

Article 39

Where the manager of a hotel, restaurant, cinema, theater, entertainment center(娱乐场), sports ground(运动场), exhibition hall or other places for public activities violates regulations on safety, so that an accident endangering safety may occur at such a place(该场所), but refuses to rectify after the public security organ orders him to do so, he shall be detained for not more than five days. Section 3 Acts Infringing upon Rights of the Person and Property and Penalties

Article 40

If a person commits any of the following acts, he shall be detained for not less than 10 days but not more than 15 days and shall, in addition, be fined not less than ¥500 but not more than ¥1,000; if the circumstances are relatively minor, he shall be detained for not less than 5 days but not more than 10 days and shall, in addition, be fined not less than ¥200 but not more than ¥500: (1) organizing, coercing or luring persons who have not attained to the age of 16 or who are disabled to give terrifying or inhumane performances(恐怖、残忍表演);

(2) forcing persons to work by means of violence or threat(暴力、威胁) or other means; or

(3) illegally restricting another person’s freedom of the person(人身自由), illegally breaking into another person’s house(侵入他人住宅) or illegally making a body search(搜查身体) of another person.

Article 41

(1) A person who coerces, lures or takes advantage of another person to go begging(行乞) shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than ¥1,000.

(2) A person who continually pesters(反复纠缠), or forcibly begs(强行讨要) from another person, or begs by other irritating means(滋扰的方式) shall be detained for not more than five days or be given a warning.

Article 42

A person who commits any of the following acts shall be detained for not more than five days or be fined not more than ¥500; if the circumstances are relatively serious, he shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ¥500:

(1) threatening the personal safety(人身安全) of another person by writing letters of intimidation(恐吓信) or by other means;

(2) openly humiliating another person or slandering another person by fabricating stories(捏造事实);

(3) framing-up another person(诬告陷害他人) by fabricating stories in an attempt to(企图) make the person subject to criminal investigation or penalty for administration of public security;

(4) threatening, humiliating, beating up(殴打) or retaliating against(打击报复) a witness or his close relatives;

(5) repeatedly dispatching pornographic, humiliating, intimidating(恐吓) or other information to disturb the normal life of another person; or

(6) peeping, secretly taking photos, eavesdropping(偷窥、偷拍、窃听), or spreading the privacy of another person.

Article 43

(1) A person who beats up another person, or intentionally hurts the body of another person(伤害他人身体) shall be detained for not less than 5 days but not more than 10 days and shall, in addition, be fined not less than ¥200 but not more than ¥500; if the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more than ¥500.

(2) A person who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days and shall, in addition, be fined not less than ¥500 but not more than ¥1,000:

(a) beating up or hurting another person in a gang;

(b) beating up or hurting a disabled person, a pregnant woman, or a person who has not attained to the age of 14 or who is over 60 years old; or

(c) beating up or hurting another person for more than twice(多次), or beating up or hurting more than two persons(多人) once.

Article 44

A person who molests another person(猥亵他人)or intentionally exposes his/her body in public places(在公共场所), if the circumstances are abominable(情节恶劣), shall be detained for not less than 5 days but not more than 10 days. If a person molests a mentally disabled person(智力残疾人), or a person suffering mental disorder(精神病人), or a person who has not attained to the age of 14, or commits such act with other serious circumstances, he shall be detained for not less than 10 days but not more than 15 days.

Article 45

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

(1) maltreating(虐待)a family member, who demands handling of the matter; or

(2) abandoning a supported person who can not survive independently(独立生活).

Article 46

A person who forcibly buys or sells commodities(强买强卖商品), forces another person to provide services or accept services shall be detained for not less than 5 days but not more than 10 days and shall, in addition, be fined not less than ¥200 but not more than ¥500; if the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more than ¥500.

Article 47

A person who incites national hatred(煽动民族仇恨) or national discrimination, or publishes content(刊载内容)about national discrimination or humiliation in publications(在出版物中) or computer information networks(计算机信息网络)shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than ¥1,000.

Article 48

A person who claims under false pretences(冒领), hides, destroys, stealthily opens or illegally examines(私自开拆或者非法检查) the mails of another person shall be detained for not more than five days or be fined not more than ¥500.

Article 49

A person who steals, defrauds, forcibly seizes, openly robs, extorts(哄抢、抢夺、敲诈勒索)or intentionally destroys public or private property shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ¥500; if the circumstances are relatively serious, he shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than ¥1,000.

Section 4 Acts Impeding Social Administration and Penalties

Article 50

(1) A person who commits any of the following acts shall be given a warning or be fined not more than ¥200; if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days, and may, in addition, be fined not more than ¥500:

(a) refusing to carry out the decision or order issued(发布的) according to law by the people’s government in the state of emergency(在紧急状态情况下);

(b) obstructing the working personnel of state organs(国家机关工作人员) from performing their duties according to law;

(c) obstructing the passage of such vehicles as fire engines(消防车), ambulances, engineering emergency trucks(工程抢险车) and police wagons(警车)on emergency duties(执行紧急任务的); or (d) forcibly breaking through(冲闯、突围)the warning belt or area(警戒带、警戒区) set up by the public security organ.

(2) A person who obstructs the people’s police from performing their duties according to law shall be given a heavier penalty(从重处罚).

Article 51

(1) A person who pretends to be a working personnel of state organs or uses another false identity(以其他虚假身份) to flaunt and swindle(招摇撞骗) shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ¥500; if the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more than ¥500.

(2) If a person flaunts and swindles(招摇撞骗) by passing himself off as(冒充) a member of the army or the police(军警人员), he shall be given a heavier penalty.

Article 52

A person who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than ¥1,000; if the circumstances are relatively minor, he shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ¥500:

(1) forging(伪造), altering(变造), buying or selling official documents(公文), certificates, testimonial papers(证明文件) or seals of a state organ, people’s organization, enterprise, institution or any other organization;

(2) buying, selling or using forged or altered official documents, certificates or testimonial papers of a state organ, people’s organization, enterprise, institution or any other organization;

(3) forging, altering, reselling(倒卖)train or bus tickets(车票), ship tickets, air tickets, admission tickets(入场券)for theatrical performance(文艺演出) or sports competition, or other negotiable bills or vouchers(有价票证、凭证); or

(4) forging or altering a certificate of vessel registration(船舶户牌), buying, selling or using a forged or altered certificate of vessel registration, or altering(涂改) the number of a vessel engine. Article 53

If a vessel, without permission, enters or berths at(停靠) the waters or islands(水域或者岛屿) which the state forbids or restricts to enter or berth at, the person in charge of the vessel and the relevant liable person shall each be fined not less than ¥500 but not more than ¥1,000; if the circumstances are serious, they shall each be detained for not more than five days and shall, in addition, be fined not less than ¥500 but not more than ¥1,000.

Article 54

(1) A person who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days and shall, in addition, be fined not less than ¥500 but not more than ¥1,000; if the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more than ¥500:

(a) continuing to engage in activities in the name of a public organization after it is banned(被取缔后) because it engages in activities without registration in violation of state regulations;

(b) continuing to(仍)engage in activities in the name of a public organization after its registration is cancelled(撤销登记的) according to law; or

(c) without a license(未经许可), operating a business for which, according to state regulations, a license issued by the public security organ is required.

(2) If the act mentioned in Subparagraph (c) of the preceding paragraph appears, the business shall be banned.

(3) If a business operator(经营者) who has obtained a license from the public security organ violates the relevant administrative regulations of the state and the circumstances are serious, the public security organ may revoke his license(吊销其许可证).

Article 55

A person who incites or engineers(煽动、策划) an illegal gathering, parade(集会、游行) or demonstration and turns a deaf ear to dissuasions(不听劝阻) shall be detained for not less than 10 days but not more than 15 days.

Article 56

(1) If a staffing member of the hotel industry(旅馆业) fails to register the name of a lodging guest and the type and number of his identification certificate(身份证件) in accordance with relevant regulations, or knowingly(明知地,故意地) fails to stop a lodging guest(住宿旅客)from bringing hazardous substances into the hotel, he shall be fined not less than ¥200 but not more than ¥500.

(2) If a staffing member of the hotel industry fails to report to the public security organ when he clearly knows(明知) that a lodging guest is a criminal suspect or is wanted(被通缉的) by the public security organ, he shall be fined not less than ¥200 but not more than ¥500; if the circumstances are serious, he shall be detained for not more than five days and may, in addition, be fined not more than ¥500.

Article 57

(1) Where a house lessor(房屋出租人) leases out his house to a person without an identification certificate, or fails to register the name of the lessee and the type and number of his identification certificate in accordance with relevant regulations, he shall be fined not less than ¥200 but not more than ¥500.

(2) If a house lessor fails to report to the public security organ when he clearly knows that the lessee is making use of the house for criminal activities(进行犯罪活动), he shall be fined not less than ¥200 but not more than ¥500; if the circumstances are serious, he shall be detained for not more than five days and may, in addition, be fined not more than ¥500.

Article 58

A person who, in violation of the provisions of the law on prevention and control of pollution(污染防治的法律)by the noise emitted in the course of social activities(社会生活噪声), makes noise to disturb the daily life of another person(干扰他人正常生活)shall be given a warning; if he fails to make corrections after the warning, he shall be fined not less than ¥200 but not more than ¥500. Article 59

If a person commits any of the following acts, he shall be fined not less than ¥500 but not more than ¥1,000; if the circumstances are serious, he shall be detained for not less than 5 days but not more than 10 days and shall, in addition, be fined not less than ¥500 but not more than ¥1,000: (1) where a staffing member of the pawnshop industry fails to examine the relevant certificates or go through the formalities of registration in dealing with the article pawned(承接典当的物品), or fails to report to the public security organ when he clearly knows that the pawner(交当人) is a criminal suspect who violates the law and the article is something stolen(赃物);

(2) in violation of state regulations, purchasing waste and old equipment specially used(废旧专用器材)for railways, oilfields, power supply, telecommunications, mineral mines(矿山), water conservancy(水利) and survey as well as urban public utilities(城市公用设施);

(3) purchasing stolen goods searched for(寻查的)in the circular of a public security organ(公安机关通报的), or suspected stolen(有赃物嫌疑的)goods; or

(4) purchasing other articles, which is prohibited by the state.

Article 60

A person who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days and shall, in addition, be fined not less than ¥200 but not more than ¥500:

(1) hiding, transferring, selling off(变卖) or destroying the property or things of value(财物) distrained(扣押), sealed up or frozen by the administrative law-enforcement organ(行政执法机关) according to law;

(2) forging, concealing or destroying evidence, providing false testimony(虚假证言), or giving false information about a case(谎报案情), which affects the administrative law-enforcement organ in dealing with the case(办案) according to law;

(3) knowingly harboring(窝藏), transferring or selling stolen goods for another person(代为销售); or

(4) where a criminal being put under surveillance(执行管制) or deprived of political rights according to law, serving a sentence outside the prison under surveillance(监外执行), such as being under suspended execution of a sentence(缓刑) and being released on medical parole(保外就医), or a person being subjected to compulsory criminal measures(刑事强制措施) according to law commits an act in violation of laws, administrative regulations or the regulations of the public security ministry under the state Council on supervision and control(监督管理).

Article 61

A person who illegally assists in making arrangements for(协助组织) another person to cross, or transports another person across(运送他人穿越), the national border (frontier) shall be detained for not less than 10 days but not more than 15 days and shall, in addition, be fined not less than ¥1,000 but not more than ¥5,000.

Article 62

(1) A person who provides conditions to another person for illegally crossing(偷越) the national border (frontier) shall be detained for not less than 5 days but not more than 10 days and shall, in addition, be fined not less than ¥500 but not more than ¥2,000.

(2) A person who illegally crosses the national border (frontier) shall be detained for not more than five days or be fined not more than ¥500.

Article 63

A person who commits any of the following acts shall be given a warning or be fined not more than ¥200; if the circumstances are relatively serious, he shall be detained for not less than 5 days but not more than 10 days and shall, in addition, be fined not less than ¥200 but not more than ¥500:

(1) cutting,smearing(刻划、涂污) or deliberately damaging by other means cultural relics(文物), scenic spots(名胜) or historic sites(古迹) protected by the state; or

(2) in violation of state regulations, conducting such activities as blasting or excavation(爆破、挖掘)in the vicinity of(在附近) the unit of cultural relics under protection(文物保护单位), which threatens the safety of cultural relics.

Article 64

A person who commits any of the following acts shall be fined not less than ¥500 but not more than ¥1,000; if the circumstances are serious, he shall be detained for not less than 10 days but not more than 15 days and shall, in addition, be fined not less than ¥500 but not more than ¥1,000:

(1) driving another person’s motor vehicle(机动车) without permission; or

(2) driving without obtaining a driver’s license(未取得驾驶证) or without permission another person’s aircraft or motor vessel(机动船舶).

Article 65

A person who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days; if the circumstances are serious, he shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than ¥1,000:

(1) intentionally destroying or defacing(污损)another person’s grave, or damaging or discarding(丢弃)another person’s remains or ashes(尸骨、骨灰); or

(2) placing a corpse in a public place(在公共场所), or disturbing another person’s normal life or work order(工作秩序) due to the placing of a corpse and refusing to listen to dissuasion(不听劝阻). Article 66

(1) A prostitute or a person who goes whoring(嫖娼) shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than ¥5,000; if the circumstances are relatively minor, she or he shall be detained for not more than 5 days or be fined not more than ¥500.

(2) A person who, at a public place, touts for prostitution(拉客) or invites another person for whoring(招嫖)shall be detained for not more than five days or be fined not more than ¥500.

Article 67

A person who seduces, shelters(引诱、容留) or introduces another person to engage in prostitution(卖淫) shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than ¥5,000; if the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more than ¥500.

Article 68

A person who produces, transports, duplicates, sells or leases pornographic materials including books, periodicals, photos, films and audio-visual products(音像制品), or disseminates pornographic information by making use of computer information networks, telephones or other tools of communications(通讯工具) shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than ¥3,000; if the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more than ¥500.

Article 69

A person who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days and shall, in addition, be fined not less than ¥500 but not more than ¥1,000:

(a) arranging for broadcasting(组织播放)pornographic audio-visual tapes(音像带);

(b) arranging for or giving(组织或者进行) obscene performances(淫秽表演); or

(c) joining a crowd in licentious activities(聚众淫乱活动).

(2) A person who provides conditions to people while clearly knowing that(明知)they are engaged in the activities specified in the preceding paragraph shall be penalized in accordance with the provisions of the preceding paragraph.

Article 70

A person who provides conditions for gambling for the purpose of making profits(以营利为目的), or participates in gambling with a relatively big amount of money(赌资较大的赌博), shall be

detained for not more than five days or be fined not more than ¥500; if the circumstances are serious, he shall be detained for not less than 10 days but not more than 15 days and shall, in addition, be fined not less than ¥500 but not more than ¥3,000.

Article 71

(1) A person who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than ¥3,000; if the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more than ¥500:

(a) illegally cultivating opium poppies(罂粟) of less than 500 plants(株) or a small number of mother plants(原植物) of other narcotic drugs(毒品,麻醉品);

(b) illegally buying, selling, transporting, carrying or possessing a small quantity of(少量的)seeds or seedlings of the mother plants of narcotic drugs, such as the opium poppy, which have not been inactivated(未经灭活的); or

(c) illegally transporting, buying, selling, storing or using a small quantity of opium poppy shells(罂粟壳).

(2) A person who commits the act specified in Subparagraph (a) of the preceding paragraph uproots the plants of his own accord(自行铲除) before they are ripe shall not be penalized.

Article 72

A person who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days and may, in addition, be fined not more than ¥2,000; if the circumstances are relatively minor, he shall be detained for not more than five days or be fined not more than ¥500:

(1) illegally possessing opium of less than 200 grams, heroin or methamphetamine(甲基苯丙胺)of less than 10 grams or a small amount of other narcotic drugs;

(2) providing another person with narcotic drugs;

(3) ingesting or injecting(吸食、注射) narcotic drugs; or

(4) coercing or cheating a medical worker(医务人员)to prescribe narcotic drugs or psychotropic substances(精神药品).

Article 73

A person who instigates, lures or cheats another person to or into drug ingestion or injection(吸食、注射毒品)shall be detained for not less than 10 days but not more than 15 days and shall, in addition, be fined not less than ¥500 but not more than ¥2,000.

Article 74

When the public security organ investigates and deals with drug ingestion or injection, gambling, prostitution or whoring activities(嫖娼活动), a staffing member of the hotel industry, catering trade(饮食服务业), cultural and recreational industry(文化娱乐业), taxi trade(出租汽车业), etc. who provides the information to(通风报信)the people who are committing a crime or acting against the law shall be detained for not less than 10 days but not more than 15 days.

Article 75

(1) A person who raises animals which disturbs the normal daily life of another person shall be given a warning; if he fails to make corrections after being warned, or connives at his animal

scaring another person(放任动物恐吓他人), he shall be fined not less than ¥200 but not more than ¥500.

(2) A person who unleashes his animal to hurt another person(驱使动物伤害他人)shall be penalized in accordance with the provisions of the first paragraph of Article 43 of this Law.

Article 76

If a person who commits an act specified in Articles 67, 68 and 70 refuses to make corrections despite repeated admonition(屡教不改), compulsory educational measures may be adopted in accordance with the state regulations.

C-IV Procedure for Penalties

Section 1 Investigation

Article 77

The public security organ shall, in a timely manner, accept a case reported(a case reported(报案), an accusation or a case informed of(举报), or the voluntary surrender of a person who acts against the administration of public security, as well as cases of acts against the administration of public security transferred by another administrative department or the judicial organ(司法机关), and have the case registered.

Article 78

After accepting a case reported, an accusation or a case informed of, or a voluntary surrender, which the public security organ considers to be an act against the administration of public security, it shall immediately conduct an investigation; otherwise, it shall notify the reporter, accuser or informant(举报人), or the person who surrenders himself to the police(投案人) of the fact and explain the reasons(说明理由).

Article 79

(1) The public security organ and the people’s police shall investigate cases of public security(治安案件) according to law. Extorting confessions by torture(刑讯逼供) or collecting evidence by such illegal means as threat, allurement(引诱) or deception is strictly prohibited(严禁).

(2) Evidence collected by illegal means(以非法手段) shall not be taken as the basis of penalty.

Article 80

When the public security organ and the people’s police deal with cases of public security, which involve state secrets, commercial secrets or individual privacy, they shall keep the secrets(予以保密).

Article 81

(1) Where the people’s police comes under any of the following circumstances when dealing with

a case of public security, he shall withdraw(回避); the person who commits an act against the administration of public security, the victim, and their statutory representative(法定代理人) shall have the right to demand the withdrawal of the police:

(a) being a party or the close relative of a party to the case;

(b) he himself or his close relative has an interest in the case; or

(c) having other relations(有其他关系)with a party to the case, which may affect the impartial handling of the case.

(2) The withdrawal of the people’s police shall be decided by the public security organ which he belongs to; and the withdrawal of the leading person(负责人) of the public security organ shall be decided by the public security organ at the next higher level(上一级).

Article 82

(1) Where it is necessary to summon(传唤) a person who commits an act against the administration of public security for investigation(接受调查), the matter shall be subject to approval by the leading person of the department that handles the case(办案部门) under the public security organ, and a summons(传票)shall be used. Where a person committing an act against the administration of public security is discovered on the spot, he may be summoned orally after the people’s police shows his work certificate(工作证件), which shall be noted in the written record of interrogation(询问笔录).

(2) The public security organ shall notify the person summoned of the reasons for and the basis of the summons. A person who refuses to accept a summons(接受传唤) without justifiable reasons or evades a summons may be compulsorily summoned(强制传唤).

Article 83

(1) Immediately after the person who commits an act against the administration of public security answers the summons(接受传唤), the public security organ shall conduct an interrogation and investigation(询问查证)which shall not exceed eight hours. If the circumstances are complicated and, according to the provisions of this Law, a penalty of administrative detention may be applied, the interrogation and investigation shall not exceed 24 hours.

(2) The public security organ shall, without delay, notify the family members of the person summoned of the reasons for the summons(传唤的原因)and the place of detention.

Article 84

(1) The written record of interrogation shall be checked by the interrogated(被询问人); if the interrogated does not have the ability to read, the written record shall be read out(宣读) to him. If there are omissions or errors in the record, the interrogated may request supplements or corrections(补充或者更正)to be made. When the interrogated confirms that the written record is free of error, he shall sign or affix his seal on it, and the people’s police who conduct the interrogation shall sign the record(在笔录上签名) as well.

(2) If the interrogated requests to provide of his own accord(自行提供) written materials on the matter interrogated, it shall be permitted. The people’s police, when necessary, may also request the interrogated to write down the materials himself(自行书写材料).

(3) Where a person who has not attained to the age of 16 commits an act against the administration of public security and he is to be interrogated, his parents or guardian(其父母或监护人) shall be notified to be present.

Article 85

(1) To interrogate a victim or other witness, the people’s police may do it in the unit he belongs to(其所在单位) or at the place where he lives; the people’s police may also, when necessary, notify the victim or witness that he comes to the public security organ to provide testimony(提供证言). (2) When the people’s police interrogate the victim or other witness(被侵害人或者其他证人)outside the public security organ, he shall show his work certificate.

(3) The provisions of Article 84 of this Law are, at the same time, applicable to the interrogation of a victim or other witness.

Article 86

(1) If the person committing an act against the administration of public security, the victim or other witness who is deaf-mute is interrogated, assistance shall be provided by persons who have a good command of the sign language(手语), which shall be noted clearly(注明)in the written record of the interrogation(讯问笔录).

(2) If the person committing an act against the administration of public security, the victim or other witness who is not familiar with the spoken or written language(语言文字)common in use(通用的) in the locality is interrogated, interpreters shall be provided, which shall be noted clearly in the written record of the interrogation.

Article 87

(1) The public security organ may inspect the place, article or person related to an act against the administration of public security. There shall be at least two people’s police officers for such inspection, and they shall show their working certificates(工作证件) and the certificate for inspection(检查证明文件)issued by the public security organ under the people’s government at or above the county level. Where it is really necessary to conduct an immediate inspection, the police may, upon showing their working certificates, conduct the inspection on the spot. However, to inspect the domicile of a citizen(公民住所), they shall show the certificate for inspection issued by the public security organ under the people’s government at or above the county level.

(2) The inspection of the person of a woman(妇女的身体) shall be done by female police officers. Article 88

A written record of inspection shall be made, which shall be signed by or affixed with the seal of the inspector, the inspected(被检查人) and the witness. If the inspected refuses to sign his name, the people’s police shall note the fact clearly in the written record.

Article 89

(1) In handling a case of public security, the public security organ may distrain the articles that are related to the case and need to be taken as evidence; it shall not distrain the property lawfully possessed(合法占有的财产)by the victim or the bona-fide third party(善意第三人), but shall have such property registered. It shall not distrain articles that are not related to the case.

(2) The number of the articles distrained shall be checked accurately(查点清楚) together with the witness on the spot and the person who possesses those articles, and a list of such articles shall be prepared in duplicate on the spot, which shall be signed by or affixed with the seal of the inspector, the witness and the possessor, and one copy of which shall be given to the possessor and the other shall be attached to the file of the case(案卷) for reference.

(3) The articles distrained shall be preserved properly and not be used for other purposes; those unsuitable to be kept for a long period of time(不宜长期保存的) shall be disposed of in accordance with relevant regulations. The articles proved to be unrelated to the case upon investigation shall be returned immediately; those that belong to the lawful property of another person upon verification shall be immediately returned after they are registered. If at the expiration of six months, nobody lays claim to(主张权利) such property or there is no way of identifying the obligees(查清权利人), the

articles shall be publicly sold by auction(公开拍卖)or be disposed of in accordance with the relevant state regulations, and the proceeds therefrom shall be handed over(上缴) to the State Treasury.

Article 90

Where it is necessary to solve the special problems in dispute(有争议的专门性问题)in a case for the purpose of finding out the truth of the case, a person with special knowledge shall be designated or invited to make an appraisal. After the appraisal, the appraiser shall write down his opinions(鉴定意见) and sign his name.

Section 2 Decision

Article 91

Penalties for administration of public security shall be decided on by the public security organ under the people’s government at or above the county level, among which(其中), a warning or a fine of not more than ¥500 may be decided on by the local police station(公安派出所).

Article 92

As for a person who shall be subject to a penalty of administrative detention, if a compulsory measure for restricting his freedom of person has been adopted before the decision on penalty is made, the period of time for such measure shall be offset. One day of restricted freedom of person shall be offset against(折抵)one day of administrative detention.

Article 93

In investigating and handling(查处)a case of public security, the public security organ may, in the absence of the statement made by the offender(违反者本人), make a decision on a penalty for administration of public security, when the facts of the case can be proved by other evidence. However, where there is only the statement made by the offender but no other evidence to prove the facts, the decision on a penalty for administration of public security shall not be made.

Article 94

(1) Prior to the decision on a penalty for administration of public security, the public security organ shall notify the person who commits an act against the administration of public security(违反治安管理行为人) of the facts, grounds and basis for such penalty, as well as of the rights he enjoys according to law.

(2) A person who commits an act against the administration of public security shall have the right to make statements(陈述) and defend himself(申辩). The public security organ must fully listen to the opinions of the said person and shall review the facts, grounds and evidence put forth(提出)by the person; if the facts, grounds or evidence put forth by the person are tenable(成立的), the public security organ shall accept(采纳)them.

(3) The public security organ shall not impose a heavier penalty on a person who commits an act against the administration of public security because the person has made his statements(作了陈述) or defended himself.

Article 95

After the investigation of a case of public security, the public security organ shall, according to different situations(根据不同情况), handle the case as follows:

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