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Law on Administrative Penalties for Public Security of China (2012)

治安管理处罚法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Oct 26, 2012

Effective date Jan 01, 2013

Validity status Valid

Scope of application Nationwide

Topic(s) Public Administration Social Law

Editor(s) C. J. Observer

The Law on Administrative Penalties for Public Security was promulgated in 2005 and amended in 2012.The latest revision entered into force on January 1, 2013.

There are 119 articles in total.

The key points are as follows:

1.With regard to an act of disrupting public order, encroaching upon the right of the person, the right of property or impairing social administration, if it is not serious enough to be subject to a criminal punishment, it shall, in accordance with this law, be subject to public security punishment by the public security organ.

2.This Law shall apply to the acts violating the public security administration within the territory of the China and shall apply to the acts violating the public security administration that occur in the vessels and aircrafts of China.

3.The public security administration punishments shall be based on facts and shall be suitable for the nature and circumstances and extent of harm to the society caused by the act violating the public security administration. The imposition of public security administration punishments shall be open and impartial, shall respect and guarantee human rights and shall protect the personal dignity of the citizens.

4.Penalties for acts against the administration of public security are divided into the following types:

(1) warning;

(2) fine;

(3) administrative detention; and

(4) revocation of licenses issued by public security organs.

5.If a person who has reached the age of 14 but not the age of 18 commits an act against the administration of public security, he shall be given a relatively light or mitigated penalty; and if a person who has not reached 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.

6.The public security organs and the people’s policemen shall investigate into the public security cases in compliance with the law. Any proof gathered by illegal means shall not be the basis for punishment.

7.The public security organs and the policemen shall keep confidential the state secrets and business secrets to which they access when handling the public security cases.

8.The public security organ may search the places, articles, and persons involved in a violation of public security administration. The search of the body of a woman shall be conducted by a female worker.

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