Regulations of the People's Republic of China on Administrative Penalties for Public Security
(Adopted at the 17th Meeting of the Standing Committee of the Sixth National People's Congress on September 5, 1986 and promulgated by Order No.43 of the President of the People’s Republic of China on September 5, 1986; amended in accordance with the Decision on Amending the Regulations of the People's Republic of China on Administrative Penalties for Public Security adopted at the Seventh Meeting of the Standing Committee of the Eighth National People's Congress on May 12, 1994)
Contents
Chapter I General Provisions
Chapter II Types and Application of Penalties
Chapter III Acts Violating the Administration of Public Security and Penalties
Chapter IV Ruling and Enforcement
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of strengthening the administration of public security, maintaining social order and public safety, protecting the lawful rights of citizens and guaranteeing the smooth progress of the socialist modernization.
Article 2 Whoever disturbs social order, endangers public safety, infringes upon a citizen's rights of the person and encroaches upon public or private property, if such acts constitute a crime according to the Criminal Law of the People's Republic of China, shall be investigated for criminal responsibility; if such acts are not serious enough for criminal punishment but should be given administrative penalties for public security, penalties shall be given according to these Regulations.
Article 3 These Regulations shall apply to acts violating the administration of public security within the territory of the People's Republic of China, except when otherwise stipulated by law.
These Regulations shall also apply to acts violating the administration of public security aboard ships or airborne vehicles of the People's Republic of China.
Article 4 In dealing with those who violate the administration of public security, public security organs shall adhere to the principle of combining education with punishment.
Article 5 Acts caused by civil disputes which violate the administration of public security, such as brawling and damaging or destroying another person's property, if the adverse effects are minor, may be handled by public security organs through mediation.
Chapter II Types and Application of Penalties
Article 6 Penalties for acts violating the administration of public security are divided into three types as follows:
(1) warning;
(2) fine, ranging from a minimum of RMB one yuan to a maximum of two hundred yuan. In cases where Articles 30, 31 and 32 in these Regulations stipulate otherwise, such provisions shall be observed; or
(3) detention, ranging from a minimum of one day to a maximum of fifteen days.
Article 7 Property obtained and contraband seized through acts violating the administration of public security shall be returned to the owner or confiscated according to relevant provisions. Instruments belonging to the offender used in acts violating the administration of public security may be confiscated according to relevant provisions. Detailed measures shall be stipulated separately by the Ministry of Public Security.
Article 8 When losses or injuries are caused by acts violating the administration of public security, the offender shall compensate for the loss or bear the medical expenses; if the offender is not an able person or is a person of limited ability, unable to compensate for the loss or bear the medical expenses, his guardian shall make the compensation or bear the medical expenses according to law.
Article 9 Acts violating the administration of public security committed by a person between fourteen and eighteen years of age shall be given relatively light penalties; acts violating the administration of public security committed by a person under fourteen shall be exempted from penalties, but a reprimand may be given and his guardian shall be instructed to subject the offender to strict discipline.
Article 10 A mentally disordered person who violates the administration of public security at the time when he is unable to recognize or to control his own conduct shall not be penalized, but his guardian shall be instructed to keep a strict guard on him and subject him to medical treatment. An intermittently insane person who violates the administration of public security while in normal mental condition shall be punished.
Article 11 A deaf-mute or blind person who violates the administration of public security due to his physiological defects shall not be penalized.
Article 12 An intoxicated person who violates the administration of public security shall be penalized.
An intoxicated person who may cause danger to himself or who threatens the safety of others due to his drunken state shall be restrained until he returns to a sober state.
Article 13 If a person commits two or more acts violating the administration of public security, rulings shall be made separately but executed concurrently.
Article 14 When acts violating the administration of public security are committed jointly by two or more persons, they shall be penalized separately according to the seriousness of each person's case.
Whoever instigates, coerces or induces others to violate the administration of public security shall be penalized according to the seriousness of the acts he instigates, coerces or induces.
Article 15 For acts violating the administration of public security committed by government offices, organizations, enterprises or institutions, penalties shall be given to the persons directly responsible; if the acts are committed at the order of persons in charge of units, such persons shall be penalized at the same time.
Article 16 Penalties for acts violating the administration of public security shall be mitigated or exempted under any of the following circumstances:
(1) the adverse effects are extremely minor;
(2) when those responsible voluntarily admit their mistakes and correct them in time;
(3) when those responsible were coerced or induced by others.
Article 17 Heavier penalties shall be given for acts violating the administration of public security under any of the following circumstances:
(1) when acts have caused relatively serious consequences;
(2) when those responsible coerce or induce others or instigate persons under the age of eighteen to violate the administration of public security;
(3) when those responsible take revenge on the informants or witnesses;
(4) when those responsible have been repeatedly punished and refuse to amend.
Article 18 Acts violating the administration of public security shall not be penalized if they have not been discovered by the public security organs within six months.
The period of time mentioned in the paragraph above shall be counted from the day the acts violating the administration of public security are committed or from the day the acts stopped if they are continuous or continuing acts.
Chapter III Acts Violating the Administration of Public Security and Penalties
Article 19 Whoever commits one of the following acts disturbing public order, if it is not serious enough for criminal punishment, shall be detained for a maximum of fifteen days, fined a maximum of two hundred yuan or given a warning.
(1) disturbing the public order of government offices, organizations, enterprises or institutions, making it impossible for the work, productive or business operations, medical care, teaching or scientific research to go on smoothly but not having caused serious losses.
(2) disturbing the public order of stations, wharves, civil airports, markets, bazaars, parks, theatres, entertainment centres, sports grounds, exhibition halls or other public places;
(3) disturbing the public order of buses, trolley buses, trains, ships and other public transit vehicles;
(4) gang-fighting, instigating quarrels, taking liberties with women or other indecent behavior;
(5) fabricating or distorting facts, deliberately spreading rumours or inciting disturbances of public order in other ways;
(6) making false reports of dangerous situations and fomenting chaos;
(7) refusing or obstructing State personnel who are carrying out their functions according to law, without resorting to violence and threat.
Article 20 Whoever commits one of the following acts impairing public security shall be detained for a maximum of fifteen days, fined a maximum of two hundred yuan or given a warning:
(1) carrying or keeping firearms or ammunition, or committing other acts in violation of firearms control regulations, but not serious enough for criminal punishment;
(2) making, selling, storing, transporting, carrying or using dangerous objects, in violation of regulations concerning the control of dangerous objects such as explosives, deadly poisons, combustibles and radioactive elements, but not having caused consequences serious enough for criminal punishment;
(3) illegally manufacturing, selling or carrying daggers, knives with three edges, switchblades or other types of controlled knives;
(4) running hotels, restaurants, theatres, entertainment centres, sports grounds, exhibition halls or other public places for mass gatherings in violation of safety provisions and refusing to improve after notification by the public security organs;
(5) organizing mass gatherings, exhibitions, fairs, or other public activities in the fields of culture, entertainment, or sports without appropriate safety precautions and refusing to improve after notification by the public security organs;
(6) violating safety regulations concerning ferry boats and ferries and refusing to improve after notification by the public security organs;
(7) rushing to board a ferry despite dissuasion, causing the ferry boat to be overloaded or forcing the pilot to navigate under dangerous conditions in violation of safety regulations, when circumstances are not serious enough for criminal punishment; (8) digging holes, placing obstacles, damaging, destroying or removing markers on railways, highways, navigation routes or dams which may affect safe traffic and transportation, when circumstances are not serious enough for criminal punishment.
Article 21 Whoever commits one of the following acts impairing public security shall be fined a maximum of two hundred yuan or given a warning:
(1) establishing or using a civilian shooting range not in accordance with safety regulations;
(2) installing or using electrified wire-nettings without approval, or not in accordance with safety regulations, without having caused grave consequences;
(3) when setting up a construction site in a place where vehicles and pedestrians pass, installing no covers, signs or fences for pits, wells, ridges and holes, or intentionally damaging, destroying, or removing covers, signs and fences.
Article 22 Whoever commits one of the following acts infringing upon a citizen's rights of the person, but not serious enough for criminal punishment, shall be detained for a maximum of fifteen days, fined a maximum of two hundred yuan or given a warning:
(1) striking another person, causing slight injury;
(2) illegally limiting others' personal freedom or illegally breaking into others' houses;
(3) openly insulting other persons or fabricating stories to slander other persons;
(4) maltreating family members, when the victims thereof ask for disposition;
(5) threatening others' safety or disturbing others' normal lives by writing letters of intimidation or by other methods;
(6) coercing or inveigling a person under the age of eighteen to give frightening or cruel performances, ruining the person's physical and mental health;
(7) hiding, destroying, discarding or illegally opening another person's postal articles or telegrams.
Article 23 Whoever commits one of the following acts encroaching upon public or private property, but not serious enough for criminal punishment, shall be detained for a maximum of fifteen days, given a warning or fined simply or concurrently a maximum of two hundred yuan;
(1) stealing, swindling or seizing a small amount of public or private property;
(2) starting a riot to seize State-owned, collective-owned and private property;
(3) extorting or demanding with menace public or private property;
(4) intentionally damaging public or private property.
Article 24 Whoever commits one of the following acts impairing the administration of social order shall be detained for a maximum of fifteen days, fined a maximum of two hundred yuan or given a warning:
(1) knowingly harboring, destroying or transferring stolen goods, when the circumstances are not serious enough for criminal punishment, or knowingly buying stolen goods;
(2) illegally dealing in train tickets, ship tickets, admission tickets for theatrical performances or sports games or other tickets or certificates, when circumstances are not serious enough for criminal punishment;
(3) taking opium or injecting morphine and other drugs in violation of the government's prohibition;
(4) disturbing public order, endangering public interests, impairing another person's health or swindling money by way of superstitious sects and secret societies or activities of feudal superstition, when the circumstances are not serious enough for criminal punishment;
(5) driving others' motor vehicles without permission;
(6) in violation of the regulations on the administration of registration of public organizations, carrying out activities in the name of a public organization without having been registered or in the name of the former public organization after its registration being cancelled, or after the organization has been officially dissolved or banned, when the circumstances are not serious enough for criminal punishment;
(7) a criminal serving according to law his sentence of public surveillance, deprivation of political rights, suspension of execution, parole, released on parole for medical treatment or serving other sentences outside prison or a person under compulsory criminal measures according to law having committed acts in violation of the law, administrative rules and regulations or provisions of the public security department under the State Council on supervisory control, when the offence does not constitute a new crime;
(8) posing as a State functionary to practise fraud, when the circumstances are not serious enough for criminal punishment.
Article 25 Whoever commits one of the following acts, from item one to item three, impairing the administration of social order, shall be fined a maximum of two hundred yuan or given a warning; anyone committing acts covered in items four through seven shall be fined a maximum of fifty yuan or given a warning:
(1) hiding, not reporting, and not handing in to the State cultural relics discovered underground, in internal waters, in territorial waters or other places;
(2) accepting orders to engrave official seals in violation of administrative provisions, but not having caused serious consequences;
(3) deliberately defacing and damaging cultural relics, scenic spots or historic relics, under protection of the State, and damaging or destroying sculptures in public places, when circumstances are not serious enough for criminal punishment;
(4) deliberately damaging, destroying or removing without approval street nameplates or traffic markers;
(5) deliberately damaging or destroying street lamps, postboxes, public telephone booths or other public facilities, when circumstances are not serious enough for criminal punishment;
(6) damaging lawns, flowers, shrubs and trees in violation of relevant regulations;
(7) operating acoustic equipment in cities and towns at too high a volume in violation of the relevant regulations, disturbing the neighbouring residents' work or rest, and refusing to stop such acts.
Article 26 Whoever commits one of the following acts, from item one to item four, violating fire control shall be detained for a maximum of tem days, fined a maximum of one hundred yuan or given a warning; anyone committing acts in items five to eight shall be fined a maximum of one hundred yuan or given a warning:
(1) smoking and using open fire in places where there are combustibles and explosive devices, in violation of the prohibitions;
(2) deliberately blocking the passage of fire engines or fire boats, or disturbing order at the scene of a fire, when circumstances are not serious enough for criminal punishment;
(3) refusing to follow the instructions of the commander at the scene of a fire and hindering fire fighting and rescue work;
(4) causing fire by negligence, but not having caused serious damager or injury;
(5) instigating or coercing others to work at risk of causing fire in violation of safety measures against fire, but not having resulted in serious consequences;
(6) occupying fire prevention belts, putting up shelters, building houses, digging trenches or building walls blocking the passage of fire engines in violation of the safety measures against fire;
(7) burying, enclosing or damaging and destroying fire-fighting facilities such as fire hydrants, water pumps, water towers, cisterns, or using such instruments and equipment for other purposes, and refusing to correct such acts after being informed by the public security organs;
(8) being in serious potential danger of fire, but refusing to take corrective measures after notification by the public security organs.
Article 27 Whoever commits one of the following acts, from item one to item six, in violation of traffic regulations shall be detained for a maximum of fifteen days, fined a maximum of two hundred yuan or given a warning; anyone committing acts in items seven to eleven shall be fined a maximum of fifty yuan or given a warning:
(1) misappropriating, borrowing or lending vehicle licence plates or a driver's licence;
(2) driving a motor vehicle without a licence or in an intoxicated condition, or lending a vehicle to a person who drives without a driving licence;
(3) blocking traffic by rallying or demonstrating in cities, violating relevant regulations in disregard of police directions;
(4) deliberately intercepting or boarding vehicles by force or impeding the normal operation of vehicles in disregard of dissuasion;
(5) deliberately passing through an area when passage is forbidden in express terms by public security organs at or above the county level, in disregard of dissuasion;
(6) violating traffic regulations so as to cause traffic accidents, when circumstances are not serious enough for criminal punishment;
(7) driving motor vehicles not examined or sanctioned by traffic administration organs;
(8) driving motor vehicles with parts not up to safety requirements;
(9) driving motor vehicles after drinking alcoholic liquor;
(10) instigating or coercing drivers to violate traffic regulations;
(11) blocking traffic by putting up shelters, building houses, setting up stalls, pilling up goods or conducting other operations without approval of the appropriate department.
Article 28 Whoever commits one of the following acts in violation of traffic regulations shall be fined a maximum of five yuan or given a warning:
(1) driving a motor vehicle in violation of stipulations concerning loading and speed or in violation of directions indicated by traffic signs and signals;
(2) breaking of traffic regulations by non-motorized vehicle users or pedestrians;
(3) parking vehicles in places where parking is forbidden in express terms by traffic administration organs;
(4) illegally installing or using special sirens or signal light equipment in motor vehicles.
Article 29 Whoever commits one of the following acts, from item one to item three, in violation of residence control or administration of resident cards shall be fined a maximum of fifty yuan or given a warning; whoever commits an act in item four or item five shall be fined a maximum of one hundred yuan or given a warning:
(1) failing to register for residence or apply for a resident card according to regulations, in disregard of the notice of the public security organs;
(2) faking a residence registration or assuming another person's residence registration or resident card;
(3) deliberately altering a residence certificate;
(4) failing to register hotel guests according to regulations;
(5) failing to report and register lodgers according to regulations in letting a house or bed to another person.
Article 30 Prostitution, whoring, pandering or housing prostitution or whoring with a prostitute is strictly forbidden. Whoever breaks the above ban shall be detained for a maximum of fifteen days, given a warning, made to sign a statement of repentance or given re-education through labour according to regulations, and may by concurrently fined a maximum of five thousand yuan. Criminal responsibility shall be investigated if the actions constitute a crime.
Whoring with a girl under the age of fourteen shall be dealt with as rape according to the provisions of Article 139 of the Criminal Law.
Article 31 Planting opium poppy and other raw narcotics in violation of government decrees is strictly forbidden. Whoever violates the above decree shall be detained for a maximum of fifteen days and may be fined simply or concurrently a maximum of three thousand yuan, in addition to having his opium poppy and other narcotic plants rooted out; criminal responsibility shall be investigated if the actions constitute a crime.
Whoever illegally transports, buys, sells, stores or uses the shell of opium poppy shall be detained for a maximum of fifteen days and may be fined simply or concurrently a maximum of three thousand yuan, with the illegally transported, bought, sold, stored or used shell of opium poppy confiscated; if the offence constitutes a crime, the offender shall be investigated for criminal responsibility according to law.
Article 32 The following acts are strictly forbidden:
(1) gambling or facilitating gambling;
(2) making, duplicating, selling, lending or distributing pornographic books, pictures, videotapes or other pornographic objects.
Whoever commits one of the above acts shall be detained for a maximum of fifteen days, fined simply or concurrently a maximum of three thousand yuan or given re-education through labour according to regulations. Criminal responsibility shall be investigated if the actions constitute a crime.
Chapter IV Ruling and Enforcement
Article 33 Penalties for acts violating the administration of public security shall be ruled on by the city or county public security bureaus or sub-bureaus or public security organs equivalent to the county level.
Warnings and fines of a maximum of fifty yuan can be ruled on by local police stations; in rural areas where there is no local police station, the people's government of a township or town can be entrusted with the ruling.
Article 34 Warnings and fines of a maximum of fifty yuan involving persons who violate the administration of public security, or fines exceeding fifty yuan with no objections from the offenders, may be imposed on the spot by the public security officials.
Other penalties for persons who violate the administration of public security shall follow the following procedures:
(1) Summons. A summoning warrant shall be issued by a public security organ when it is necessary to summon an offender. A person discovered committing an offense may be summoned verbally. Whoever refuses to be summoned or avoids summons without good reasons shall be summoned compulsorily.
(2) Interrogation. Whoever violates the administration of public security should honestly answer to the interrogation by public security organs. A written record of the interrogation should be made. After checking the record and finding no mistake, the person interrogated shall sign or seal the written statement, and the interrogator shall also sign the same document.
(3) Obtaining evidence. Active support and cooperation shall be rendered by the departments and citizens concerned to the public security organs in the course of obtaining evidence. Honest statements shall be given by witnesses during the inquiry, and written statements should be made which shall be signed or sealed by the witnesses after checking and finding no error.
(4) Ruling. A ruling shall be made according to relevant provisions of these Regulations if the facts of violating the administration of public security are obvious and evidence is confirmed after interrogation and investigation.
A written ruling on the punishment should be made and declared to the offender immediately. Three copies of such a ruling shall be made and distributed among the offender himself, his work unit and the local police station of his permanent abode. The enforcement of the ruling shall be assisted by his work unit and the local police station.
(5) After being summoned to the public security organ, the offender should be interrogated and investigated promptly. The time of interrogation and investigation shall not exceed twenty-four hours in complicated cases subject to detainment according to these Regulations.
Article 35 Whoever shall be detained should receive the penalty in a specified detention house over a specified time. Compulsory detainment shall be used against one who resists enforcement of the punishment.
During the time of detention the detainee's food costs shall be paid by himself.
Article 36 A fine shall be paid by the offender on the spot to the public security officials or paid to the appointed public security organs within five days after receiving the notice of fine or written ruling. Failure to pay a fine in time without good cause shall be punished by an addition of one to five yuan per day. Whoever refuses to pay a fine shall be detained for a maximum of fifteen days and shall still be subject to the fine.
Receipt for payment of a fine shall be given to the offender by the public security organ or officials as soon as the fine is received.
The entire fine shall be delivered to the State Treasury.
Article 37 A receipt shall be given to the offender after the penalty of confiscation is enforced by the ruling organs. All the property confiscated shall be delivered to the State Treasury. Property stolen, robbed, defrauded or extorted, with the exception of contraband, shall be returned according to law to the original owners, to be located within six months.
Article 38 Whoever is required by a ruling to make reparations for loss or to bear medical cost shall deliver the cost to the organ making the ruling for transmission within five days after receiving the written ruling. Payments by instalments may be accepted if the amount is large. In case the offender denies responsibility, the organs making the ruling shall notify his work unit to deduct the reparations from his salary or retain his property to be converted into payment.
Article 39 If an offender or victim protests the ruling of the public security organ or the people's governments of townships or towns, he may petition to the public security organs at the next higher level within five days after receiving the notice, and the public security organs at the next higher level shall make a new ruling within five days after receiving the petition. Whoever protests the ruling of the public security organ at the next higher level may file suit with the local people's court within five days after the notice.
Article 40 The original ruling shall continue to be executed during the time a petition or suit against the penalty for violating the administration of public security is taking place.
In case a guarantor can be found or bail has been paid according to regulations by the detainee or his family, the original ruling can be suspended temporarily during the time a petition or suit is taking place. When the ruling is revoked or starts to be enforced, the bail shall be returned according to regulations.
Article 41 In implementing these Regulations, the public security officials should strictly abide by laws and disciplines and impartially implement the provisions, allowing no favouritism and fraudulent practices. It is forbidden to beat or abuse, mistreat or insult the offender. An administrative disciplinary sanction shall be incurred against those who break the above mentioned provision. If such actions constitute a crime, criminal responsibility shall be investigated.
Article 42 The public security organs shall admit their mistakes to those who are punished by mistake and return fines and the confiscated property; in case the legal rights and interests of those who are so punished have been infringed upon, the loss shall be compensated for.
Chapter V Supplementary Provisions
Article 43 In numerical phrases containing the words ''for a minimum of,'' ''for a maximum of'' or ''within'' used in these Regulations, the indicated numbers are understood to be included in the time limit.
Article 44 The enforcement measures for dealing with acts of violating traffic regulations shall be formulated separately by the State Council.
Article 45 These Regulations shall go into effect on January 1, 1987. On the same day, the Regulations of the People's Republic of China Concerning Administrative Penalties for Public Security, promulgated on October 22, 1957, shall be invalidated.
