Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law stipulates that Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law has one of the following acts, and shall be detained for less than five days or fined less than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) peeping, * * *, eavesdropping, spreading the privacy of others.
Interpretation of People's Republic of China (PRC) Public Security Administration Punishment Law The Public Security Administration Punishment Law has just been promulgated, and the loopholes are not obvious. The Ministry of Public Security has only one explanation, and only a few explanations can be found online.
Is the Regulations of the People's Republic of China on Administrative Penalties for Public Security still valid after the implementation of the Law of People's Republic of China (PRC) on Administrative Penalties for Public Security? Invalid.
What is the process from the Regulations of the People's Republic of China on Public Security Administration Punishment to the Law of People's Republic of China (PRC) on Public Security Administration Punishment? The Regulations on Administrative Penalties for Public Security was adopted at the17th meeting of the 6th the NPC Standing Committee on September 5th, 986, and came into force on October 5th. 1994 may 12 the seventh meeting of the eighth the National People's Congress Standing Committee (NPCSC) made some amendments to the regulations, but they were not perfect! 1In August 1997, the Ministry of Public Security, together with relevant parties, investigated and demonstrated the Regulations, and listened to the opinions and suggestions of local and grass-roots public security organs many times. In April 2002, the People's Republic of China (PRC) Public Security Administration Punishment Law (Draft) was reported to the State Council, forming the People's Republic of China (PRC) Public Security Administration Punishment Law (Draft), which was promulgated in August 2005.
The difference between the two:
Laws and regulations belong to the scope of laws and regulations, including regulations; Laws and regulations are divided into administrative regulations formulated by the State Council and local regulations formulated by local people's congresses.
Laws in a narrow sense can only be called laws if they are formulated by the National People's Congress and its Standing Committee, and their names are mostly "People's Republic of China (PRC) laws"; Laws and regulations are formulated by the State Council or local people's congresses, and their names are "so-and-so regulations", "so-and-so implementation measures" and "so-and-so implementation rules". In addition, according to Article 9 of the Administrative Punishment Law of the People's Republic of China, the law can set various administrative penalties. Administrative penalties that restrict personal freedom can only be set by law. In this case, because the Regulations on Public Security Punishment is not a law, it is impossible to set administrative penalties that restrict personal freedom. If the Regulations on Public Security Punishment does not become law, it will conflict with the Administrative Punishment Law, so it will be consistent with the Administrative Punishment Law after it becomes law.
Laws and regulations are not higher than laws and regulations! Rules and regulations can be promulgated by the National People's Congress or its Standing Committee and the State Council! Laws and regulations are not applied to cope with the changes of the times and society, and must be constantly improved!
How to translate People's Republic of China (PRC) Public Security Administration Punishment Law? People's Republic of China (PRC) Public Security Administration Punishment Law
E-book of People's Republic of China (PRC) Public Security Administration Punishment Law
catalogue
Chapter I General Provisions Chapter II Types and Application of Punishment
Chapter III Acts and Penalties for Violation of Public Security Administration
Section 1 Acts and penalties for disturbing public order Section 2 Acts and penalties for disturbing public security
Section 3 Acts and Penalties for Infringement of Personal Rights and Property Rights Section 4 Acts and Penalties for Obstruction of Social Management
Chapter IV Punishment Procedure
Section 1 Investigation Section 2 Decision Section 3 Implementation
Chapter V Law Enforcement Supervision Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of maintaining public order, ensuring public safety, protecting the legitimate rights and interests of citizens, legal persons and other organizations, and standardizing and ensuring that public security organs and their people's police perform their duties of public security administration according to law.
Article 2 Anyone who disturbs public order, endangers public safety, infringes on personal rights and property rights, and hinders social management, which is harmful to society and constitutes a crime in accordance with the provisions of the Criminal Law of People's Republic of China (PRC), shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security in accordance with this law.
Article 3 The provisions of this Law shall apply to the procedure of administrative punishment for public security; Where there are no provisions in this law, the relevant provisions of the Administrative Punishment Law of the People's Republic of China shall apply.
Article 4. This Law shall apply to acts violating the administration of public security within the territory of People's Republic of China (PRC), except as otherwise provided by law.
This Law shall apply to acts that violate the administration of public security on ships and aircraft in People's Republic of China (PRC), unless there are special provisions in the law.
Fifth public security management punishment must be based on facts, and the nature, circumstances and social harm of violations of public security management are equivalent.
The implementation of public security management punishment should be open and fair, respect and protect human rights, and protect the personal dignity of citizens.
Handling public security cases should adhere to the principle of combining education with punishment.
Article 6 People's governments at all levels shall strengthen the comprehensive management of social security, take effective measures to resolve social contradictions, enhance social harmony and maintain social stability.
Article 7 The public security department of the State Council is in charge of public security management throughout the country. Local people's public security organs at or above the county level shall be responsible for the administration of public security within their respective administrative areas.
The jurisdiction of public security cases shall be stipulated by the public security department of the State Council.
Eighth violations of public security management caused damage to others, the actor or his guardian shall bear civil liability according to law.
Ninth public security organs can mediate and deal with minor violations of public security management caused by civil disputes, such as fighting and damaging other people's property. If the parties reach an agreement through mediation by the public security organ, they will not be punished. If the mediation fails to reach an agreement or fails to perform after reaching an agreement, the public security organ shall punish the violator of public security administration in accordance with the provisions of this law, and inform the parties that they can bring a civil lawsuit to the people's court according to law.
Chapter II Types and Application of Punishment
Tenth types of public security management punishment are divided into:
(1) warning;
(2) a fine;
(3) Administrative detention;
(4) Revoking the license issued by the public security organ.
Foreigners who violate the administration of public security may apply for another time limit to leave the country or be deported.
Article 11 contraband such as drugs, obscene articles, gambling paraphernalia, drugs smoking and injecting paraphernalia, and tools directly used by myself to commit acts violating the administration of public security, etc. seized in handling public security cases, shall be confiscated and dealt with in accordance with regulations.
Property obtained in violation of public security administration shall be recovered and returned to the infringed person; If there is no infringer, it shall be registered, auctioned or disposed of in accordance with relevant state regulations, and the proceeds shall be turned over to the state treasury.
Twelfth people who have reached the age of 14 and under the age of 18 violate the administration of public security, and shall be given a lighter or mitigated punishment; Persons under the age of fourteen who violate the administration of public security shall not be punished, but their guardians shall be ordered to strictly discipline them.
Thirteenth mental patients who violate the administration of public security when they can't identify or control their own behavior shall not be punished, but their guardians shall be ordered to strictly guard and treat them. Intermittent mental patients who violate the administration of public security when they are mentally normal shall be punished.
Fourteenth blind or deaf people who violate the administration of public security may be given a lighter, mitigated or not punished.
Fifteenth drunken people who violate the administration of public security shall be punished.
When a drunken person is in a drunken state, if he is dangerous to himself or threatens the personal, property or public safety of others, protective measures should be taken to restrain him until he is sober.
Sixteenth there are two or more violations of public security management, decided separately, combined execution. Combined with administrative detention punishment, the longest shall not exceed twenty days.
Seventeenth * * * with violations of public security management, according to the role of the violator in the violation of public security management, were punished.
Those who instigate, coerce or trick others into violating the administration of public security shall be punished according to their acts of instigation, coercion or deception.
Article 18 If a unit violates the administration of public security, the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of this Law. If other laws and administrative regulations have provisions on punishment for the same act, they shall be punished in accordance with their provisions.
Nineteenth violation of public security management in any of the following circumstances, mitigated punishment or no punishment:
(a) the circumstances are particularly minor;
(two) take the initiative to eliminate or mitigate the illegal consequences, and obtain the understanding of the infringed;
(3) Being coerced or deceived by others;
(four) voluntarily surrender, truthfully state their illegal acts to the public security organs;
(5) Having rendered meritorious service.
Article 20 Whoever violates the administration of public security under any of the following circumstances shall be given a heavier punishment:
(a) the consequences are serious;
(2) instigating, coercing or tricking others into violating the administration of public security;
(three) to take revenge on informants, accusers, informants and witnesses;
(4) Having been punished by public security administration within six months.
Article 21 If an actor who violates the administration of public security is under any of the following circumstances and should be punished by administrative detention according to this Law, he shall not be punished by administrative detention:
(a) has reached the age of fourteen but under the age of sixteen;
(2) Having reached the age of 16 but under the age of 18, violating the administration of public security for the first time;
(three) more than seventy years of age;
(four) pregnant or nursing a baby under one year old.
Twenty-second violations of public security management are not discovered by the public security organs within six months, and will not be punished.
The time limit prescribed in the preceding paragraph shall be counted from the date when the violation of public security administration occurs; If the violation of public security management has a continuous or continuous state, it shall be counted from the date of the end of the act.
Chapter III Acts and Penalties for Violation of Public Security Administration
Section 1 Acts and penalties for disturbing public order
Twenty-third one of the following acts, a warning or a fine of two hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) Disrupting the order of organs, organizations, enterprises and institutions, resulting in work, production, business, medical treatment, teaching and scientific research not being carried out normally, but causing no serious losses;
(2) disturbing the order of stations, ports, docks, airports, shopping malls, parks, exhibition halls or other public places;
(3) disturbing the order on buses, trams, trains, ships, aircraft or other public transport;
(four) illegal interception or forced boarding, boarding motor vehicles, ships, aircraft and other means of transportation, affecting the normal running of vehicles;
(5) disturbing the election order conducted according to law.
Whoever gathers people to commit the acts mentioned in the preceding paragraph shall be detained for more than 10 days and less than 15 days, and may also be fined less than 1,000 yuan.
Twenty-fourth any of the following acts, disrupting the order of large-scale mass activities such as culture and sports, shall be given a warning or a fine of not more than 200 yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) forcibly entering the meeting place;
(two) in violation of regulations, fireworks or other items in the venue;
(three) display insulting slogans, banners and other items;
(4) Besieging referees, athletes or other staff members;
(five) throwing debris into the venue, not listening to stop;
(six) other acts that disrupt the order of large-scale mass activities.
Those who are detained and punished for disturbing the order of sports competitions may also be ordered not to enter sports venues to watch similar competitions within 12 months; Those who enter the stadium illegally are forcibly taken away from the scene.
Article 25 Whoever commits one of the following acts shall be detained for not less than five days but not more than ten days, and may also be fined not more than five hundred yuan; If the circumstances are relatively minor, they shall be detained for not more than five days or fined not more than five hundred yuan:
(a) spreading rumors, lying about dangerous situations, epidemic situations, police situations or deliberately disturbing public order by other means;
(two) throwing fake explosions, toxic, radioactive, corrosive substances or infectious disease pathogens and other dangerous substances to disturb public order;
(3) Threatening to set fire, explode or throw dangerous substances to disturb public order.
Article 26 Whoever commits one of the following acts shall be detained for more than five days and less than ten days, and may also be fined up to five hundred yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may be fined 1000 yuan:
Gang fighting;
(2) Chasing or intercepting others;
(three) extortion or arbitrary damage, embezzlement of public or private property;
(4) Other provocative acts.
Article 27 Whoever commits one of the following acts shall be detained for not less than 10 days but not more than 15 days, and may be fined not more than 1,000 yuan; If the circumstances are relatively minor, they shall be detained for more than five days and less than ten days, and may be fined not more than five hundred yuan:
(1) Organizing, instigating, coercing, tricking or inciting others to engage in cult, cult or superstitious activities, disrupting social order and harming the health of others;
(2) using religion or qigong to disrupt social order and endanger the health of others.
Article 28 Whoever, in violation of state regulations, intentionally interferes with the normal operation of radio services, or causes harmful interference to radio stations (stations) operating normally, refuses to take effective measures to eliminate them after being pointed out by the relevant competent department, shall be detained for more than five days and less than ten days; If the circumstances are serious, they shall be detained for more than ten days and less than fifteen days.
Article 29 Whoever commits one of the following acts shall be detained for not more than five days; If the circumstances are serious, they shall be detained for more than five days and less than ten days:
Invading computer information systems in violation of state regulations, causing harm;
(two) in violation of state regulations, delete, modify, increase or interfere with the functions of the computer information system, so that the computer information system can not operate normally;
(3) Deleting, modifying or adding data and applications stored, processed and transmitted in the computer information system in violation of state regulations;
(four) deliberately making and spreading destructive programs such as computer viruses, which affect the normal operation of computer information systems.
Section 2 Acts and Penalties for Disrupting Public Security
Article 30 Whoever, in violation of state regulations, manufactures, trades, stores, transports, mails, carries, uses, provides or disposes of explosive, toxic, radioactive and corrosive substances or pathogens of infectious diseases shall be detained for more than 10 days and less than 15 days; If the circumstances are minor, they shall be detained for more than five days and less than ten days.
Article 31 Anyone who fails to report the theft, robbery or loss of explosive, highly toxic, radioactive, corrosive or infectious disease pathogens shall be detained for not more than five days; Whoever intentionally conceals or fails to report it shall be detained for more than five days and less than ten days.
Article 32 Whoever illegally carries guns, ammunition, crossbows, daggers and other control devices prescribed by the state shall be detained for not more than five days and may also be fined not more than 500 yuan; If the circumstances are minor, a warning or a fine of not more than 200 yuan shall be imposed.
Whoever illegally carries guns, ammunition, crossbows, daggers and other state-regulated control devices into public places or public transport shall be detained for not less than five days but not more than ten days and may also be fined not more than 500 yuan.
Article 33 Whoever commits one of the following acts shall be detained for not less than 10 days but not more than 15 days:
(1) Stealing or damaging oil and gas pipeline facilities, power telecommunication facilities, radio and television facilities, water conservancy and flood control engineering facilities, or public facilities such as hydrological monitoring, measurement, weather forecast, environmental monitoring, geological monitoring and earthquake monitoring;
(2) moving or damaging boundary markers, boundary markers and other boundary signs, border facilities or territorial sea or territorial sea sign facilities;
(3) illegal acts that affect the direction of the country (border) or the construction of facilities that hinder the management of the country (border).
Article 34 Whoever steals, damages or moves the aviation facilities in use without authorization or forcibly enters the cockpit of an aircraft shall be detained for not less than 10 days but not more than 15 days.
Anyone who uses instruments and tools that may affect the normal function of the navigation system on an aircraft in use and does not listen to dissuasion shall be detained for not more than five days or fined not more than 500 yuan.
Article 35 Whoever commits one of the following acts shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan; If the circumstances are relatively minor, they shall be detained for not more than five days or fined not more than five hundred yuan:
(a) theft, damage or unauthorized movement of railway facilities, equipment, locomotive and rolling stock parts or safety signs;
(two) placing obstacles on the railway line, or deliberately throwing objects at the train;
(3) Digging pits, quarrying and sand mining on railway lines and bridges and culverts;
(four) in the railway crossing or grade crossing.
Article 36 Whoever enters the railway protective net without authorization or walks, sits or grabs the railway when the train comes, thus affecting the traffic safety, shall be given a warning or fined not more than 200 yuan.
Article 37 Whoever commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(a) without approval, the installation and use of power grid, or the installation and use of power grid does not meet the safety requirements;
(2) There are no shelters, fences and warning signs in ditches, wells and holes where vehicles and pedestrians pass during construction, or the shelters, fences and warning signs are intentionally damaged or moved;
(three) theft, damage to road manhole covers, lighting and other public facilities.
Thirty-eighth cultural, sports and other large-scale mass activities in violation of relevant regulations, there is a danger of safety accidents, shall be ordered to stop activities, immediately evacuated. The organizer shall be detained for more than five days and less than ten days, and a fine of more than 200 yuan and less than 500 yuan shall be imposed; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Article 39 If the managers of hotels, restaurants, theaters, amusement parks, stadiums, exhibition halls or other public activities violate safety regulations and are in danger of safety accidents, the public security organs shall order them to make corrections and detain them for not more than five days.
Section 3 Acts and Penalties for Infringement of Personal Rights and Property Rights
Article 40 Whoever commits one of the following acts shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan; If the circumstances are relatively minor, they shall be detained for more than five days and less than ten days, and shall be fined between two hundred yuan and five hundred yuan:
(1) Organizing, coercing or tricking people under the age of 16 or disabled people into performing horrible and cruel performances;
(2) forcing others to work by violence, threat or other means;
(3) Illegally restricting the personal freedom of others, illegally invading other people's houses or illegally searching other people's bodies.
Article 41 Whoever coerces, lures or uses others to beg shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.
Those who repeatedly pester, forcibly beg or beg in other ways that hinder others shall be detained for not more than five days or given a warning.
Article 42 Whoever commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(six) peeping, * * *, eavesdropping, spreading the privacy of others.
Article 43 Whoever beats another person or intentionally hurts his body shall be detained for not less than five days but not more than ten days, and shall be fined not less than 200 yuan but not more than 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
(a) gang beating, hurting others;
(2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60;
(3) Beating or injuring others for many times or beating or injuring more than one person at a time.
Article 44 Whoever molests others or intentionally * * his body in public places, if the circumstances are vile, shall be detained for not less than five days but not more than ten days; Whoever molests mentally disabled persons, mental patients, people under the age of 14 or has other serious circumstances shall be detained for more than 10 days and less than 15 days.
Article 45 Whoever commits one of the following acts shall be detained for not more than five days or given a warning:
(1) maltreating a family member, and the abused person requests to deal with it;
(2) Abandoning the dependents who are unable to live independently.
Article 46 Whoever forcibly buys or sells commodities or forces others to provide services or force others to accept services shall be detained for more than five days and less than ten days, and shall also be fined from 200 yuan to 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Article 47 Whoever incites ethnic hatred or discrimination, or publishes ethnic discrimination or insulting remarks in publications or computer information networks, shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.
Article 48 Whoever impersonates, conceals, destroys, opens or illegally checks other people's mail shall be detained for not more than five days or fined not more than 500 yuan.
Article 49 Whoever steals, swindles, robs, robs, extorts or intentionally damages public or private property shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
Section 4 Acts and Penalties for Obstruction of Social Management
Fiftieth one of the following acts, a warning or a fine of two hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) refusing to carry out decisions and orders issued by the people in a state of emergency;
(two) hinder the staff of state organs to perform their duties according to law;
(3) obstructing the passage of fire engines, ambulances, engineering rescue vehicles, police cars and other vehicles performing emergency tasks;
(four) forcibly broke into the warning tape and the warning zone set up by the public security organs.
Whoever obstructs the people's police from performing their duties according to law shall be given a heavier punishment.
Article 51 Whoever pretends to be a functionary of a state organ or swindles and swindles with other false identities shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Whoever impersonates military and police personnel to swindle and swindle shall be given a heavier punishment.
Article 52 Whoever commits one of the following acts shall be detained for more than 10 days and less than 15 days, and may also be fined less than 1,000 yuan; If the circumstances are relatively minor, they shall be detained for more than five days and less than ten days, and may be fined not more than five hundred yuan:
(1) Forging, altering or buying or selling official documents, certificates, certification documents and seals of state organs, people's organizations, enterprises, institutions or other organizations;
(2) buying, selling or using forged or altered official documents, certificates and supporting documents of state organs, people's organizations, enterprises, institutions or other organizations;
(3) Forging, altering or reselling tickets, boat tickets, air tickets, tickets for cultural performances, sports competitions or other valuable tickets;
(4) Forging or altering a ship's registration number, trading or using a forged or altered ship's registration number, or altering a ship's engine number.
Article 53 If a ship enters or stops at a water area or an island whose entry is prohibited or restricted by the state without authorization, the person in charge of the ship and the relevant responsible personnel shall be fined from 500 yuan to Kloc-0/000 yuan; If the circumstances are serious, they shall be detained for not more than five days and fined not less than five hundred yuan but not more than one thousand yuan.
Article 54 Whoever commits one of the following acts shall be detained for more than 10 days and less than 15 days, and shall be fined between 500 yuan and 1,000 yuan; If the circumstances are relatively minor, they shall be detained for not more than five days or fined not more than five hundred yuan:
(a) in violation of state regulations, without registration, in the name of social organizations, after being banned, they still carry out activities;
(two) the social organization whose registration has been revoked according to law still carries out activities in the name of social organizations;
(three) operating an industry that requires the permission of the public security organ in accordance with state regulations without permission.
The acts listed in the third paragraph shall be prohibited.
If an operator who has obtained the license from the public security organ violates the relevant provisions of the state and the circumstances are serious, the public security organ may revoke its license.
Article 55 Whoever incites or plans an illegal assembly, procession or demonstration and does not listen to dissuasion shall be detained for not less than 10 days but not more than 15 days.
Article 56 Hotel workers who fail to register the names, types and numbers of identity documents of the guests staying, or who knowingly fail to stop the guests from bringing dangerous goods into the hotel, shall be fined between 200 yuan and 500 yuan.
Hotel workers who know that the overnight guest is a criminal suspect or wanted by the public security organ and fail to report to the public security organ shall be fined between 200 yuan and 500 yuan; If the circumstances are serious, he shall be detained for not more than five days and may be fined not more than 500 yuan.
Article 82 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment 107, if it is necessary to summon the violator of public security administration for investigation, he shall be summoned with a summons card with the approval of the person in charge of the case-handling department of the public security organ. The people's police may summon an offender found on the spot who violates the administration of public security orally after producing his work certificate, but it shall be indicated in the inquiry record.
The public security organ shall inform the summoned person of the reasons and basis for summoning. A person who refuses to accept a summons or evades it without justifiable reasons may be summoned by force.
How to understand the relationship between the Regulations of the People's Republic of China on Public Security Administration Punishment and the Law of People's Republic of China (PRC) on Public Security Administration Punishment? First, the difference between the two: the main difference is that the two institutions are different.
1. The former is an administrative regulation authorized by the National People's Congress and its Standing Committee to be formulated by the State Council.
2. The latter is a formal law formulated by the NPC Standing Committee;
Second, the connection between the two.
The State Council is only an administrative organ, which originally had no legislative power. However, in many cases, because the legislation of the National People's Congress and its Standing Committee in some aspects is not mature enough, at this time, part of the legislative authority can be granted to the State Council to make administrative regulations first. After practice, NPC and its Standing Committee will make laws when the conditions for making laws are ripe. After the law is promulgated, the authorization will be terminated. Therefore, when the Public Security Administration Punishment Law was promulgated, the regulations were of course abolished.