(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.
Source: NPC