Administrative Compulsory Law of the People's Republic of China
Decree No.49 of the President of the People's Republic of China
The Administrative Enforcement Law of the People's Republic of China was adopted at the 21st meeting of the 11th NPC Standing Committee in People's Republic of China (PRC) on June 30th, 201/year, and is hereby promulgated and shall come into force on June 30th, 2012+/year.
Hu Jintao, President of People's Republic of China (PRC)
20 1 1 June 30th, 2008
Administrative Compulsory Law of the People's Republic of China
(Adopted at the 21st meeting of the 11th NPC Standing Committee on June 30th, 20 1 1)
Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to standardize the establishment and implementation of administrative compulsion, ensure and supervise administrative organs to perform their duties according to law, safeguard public interests and social order, and protect the legitimate rights and interests of citizens, legal persons and other organizations.
Article 2 The term "administrative coercion" as mentioned in this Law includes administrative coercive measures and administrative compulsory execution.
Administrative coercive measures refer to the acts that administrative organs temporarily restrict citizens' personal freedom or temporarily control the property of citizens, legal persons or other organizations in the process of administrative management in order to stop illegal acts, prevent evidence from being damaged, avoid harm and control the expansion of danger.
Administrative enforcement refers to the act of an administrative organ or an administrative organ applying to a people's court to enforce the obligations of a citizen, legal person or other organization that fails to perform an administrative decision.
Article 3 This Law shall apply to the establishment and implementation of administrative coercion.
When natural disasters, accidents, public health incidents or social security incidents occur or are about to occur, the administrative organ shall take emergency measures or temporary measures and implement them in accordance with the provisions of relevant laws and administrative regulations.
The administrative organs shall adopt prudent supervision measures for the financial industry and compulsory technical monitoring measures for inbound and outbound goods, which shall be implemented in accordance with the provisions of relevant laws and administrative regulations.
Article 4 The establishment and implementation of administrative coercion shall be in accordance with the statutory authority, scope, conditions and procedures.
Article 5 The establishment and implementation of administrative coercion shall be appropriate. If non-coercive means can achieve the purpose of administrative management, administrative coercion shall not be set and implemented.
Article 6 The implementation of administrative coercion shall adhere to the combination of education and coercion.
Seventh administrative organs and their staff shall not use administrative coercion to seek benefits for units or individuals.
Article 8 Citizens, legal persons or other organizations have the right to state and defend the administrative organs that implement administrative enforcement; Have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law; If an administrative organ suffers damage due to illegal administrative enforcement, it has the right to claim compensation according to law.
Citizens, legal persons or other organizations have the right to claim compensation according to law because of the illegal acts of the people's courts or the expansion of the scope of execution.
Chapter II Types and Establishment of Administrative Coercion
Article 9 Types of administrative compulsory measures:
(1) restricting the personal freedom of citizens;
(2) sealing up places, facilities or property;
(3) seizing property;
(4) Freezing deposits and remittances;
(5) Other administrative compulsory measures.
Article 10 Administrative compulsory measures shall be set by law.
If no law has been enacted and it falls within the scope of the State Council's administrative functions and powers, administrative regulations may set other administrative compulsory measures besides the first and fourth items of Article 9 of this Law and the administrative compulsory measures that should be prescribed by law.
Where laws and administrative regulations have not been formulated and belong to local affairs, local regulations may set administrative compulsory measures in items 2 and 3 of Article 9 of this Law.
Other normative documents other than laws and regulations shall not set administrative compulsory measures.
Article 11 Where the law stipulates the objects, conditions and types of administrative compulsory measures, administrative regulations and local regulations may not expand the provisions.
The law does not set administrative compulsory measures, and administrative regulations and local regulations may not set administrative compulsory measures. However, if the law stipulates that specific administrative measures should be prescribed by administrative regulations for specific matters, the administrative regulations may set other administrative compulsory measures besides the first and fourth items of Article 9 of this Law and the administrative compulsory measures that should be prescribed by law.
Twelfth ways of administrative enforcement:
(a) additional fines or late fees;
(2) Transfer of deposits and remittances;
(three) auction or disposal of places, facilities or property sealed up or detained according to law;
(4) removing obstacles and restoring to the original state;
(5) Performing for the sake of performance;
(6) Other enforcement methods.
Article 13 Administrative coercion shall be established by law.
If the law does not provide for compulsory execution by administrative organs, the administrative organ that made the administrative decision shall apply to the people's court for compulsory execution.
Article 14 When drafting a draft law or regulation, it is intended to establish administrative compulsion. The drafting unit shall listen to opinions through hearings, demonstration meetings and other forms, and explain to the enacting body the necessity, possible impact and the situation of listening to and adopting opinions.
Fifteenth administrative law enforcement organs should regularly evaluate the administrative coercion they set, and timely modify or abolish inappropriate administrative coercion.
The administrative enforcement organ may timely evaluate the implementation of the established administrative enforcement and the necessity of its existence, and report its opinions to the administrative enforcement organ.
Citizens, legal persons or other organizations may put forward opinions and suggestions on the establishment and implementation of administrative coercion to the establishment and implementation organs. Relevant departments should seriously study and demonstrate and give feedback in an appropriate way.
Chapter III Implementation Procedures of Administrative Compulsory Measures
Section 1 General Provisions
Article 16 An administrative organ shall perform its administrative duties and implement administrative compulsory measures in accordance with the provisions of laws and regulations.
If the circumstances of the illegal act are obviously minor or have no obvious social harm, administrative compulsory measures may not be taken.
Article 17 Administrative compulsory measures shall be implemented by administrative organs prescribed by laws and regulations within the scope of statutory functions and powers. The power of administrative compulsory measures shall not be entrusted.
According to the provisions of the Administrative Punishment Law of the People's Republic of China, administrative organs exercising relatively centralized power of administrative punishment may implement administrative compulsory measures related to the power of administrative punishment as stipulated by laws and regulations.
Administrative compulsory measures shall be implemented by qualified administrative law enforcement personnel of administrative organs, and other personnel shall not implement them.
Eighteenth administrative organs shall abide by the following provisions when implementing administrative compulsory measures:
(a) before implementation, it shall be reported to the person in charge of the administrative organ for approval;
(two) by two or more administrative law enforcement personnel;
(three) to produce law enforcement identity documents;
(four) notify the parties to be present;
(five) on the spot to inform the parties of the reasons and basis for taking administrative compulsory measures, as well as the rights and remedies enjoyed by the parties according to law;
(six) to listen to the statements and arguments of the parties;
(7) Making on-site transcripts;
(eight) the on-site record shall be signed or sealed by the parties and administrative law enforcement personnel, and if the parties refuse, it shall be indicated in the record;
(nine) if the parties are not present, witnesses shall be invited to be present, and the witnesses and administrative law enforcement personnel shall sign or seal the transcripts on the spot;
(ten) other procedures prescribed by laws and regulations.
Nineteenth emergency, the need to implement administrative compulsory measures on the spot, the administrative law enforcement personnel shall report to the person in charge of the administrative organ within 24 hours, and go through the approval procedures. If the person in charge of the administrative organ thinks that administrative compulsory measures should not be taken, it shall be lifted immediately.
Article 20 The enforcement of administrative compulsory measures restricting citizens' personal freedom according to law shall comply with the following provisions in addition to the procedures stipulated in Article 18 of this Law:
(a) immediately inform the family members of the parties concerned of the organ, place and time limit for implementing the administrative compulsory measures after being informed on the spot or implementing the administrative compulsory measures;
(2) If administrative compulsory measures are implemented on the spot in case of emergency, it shall immediately report to the person in charge of the administrative organ and go through the approval formalities after returning to the administrative organ;
(3) Other procedures prescribed by law.
The implementation of administrative compulsory measures restricting personal freedom shall not exceed the statutory time limit. The purpose of implementing administrative compulsory measures has been achieved or the conditions have disappeared, and it should be lifted immediately.
Article 21 If an illegal act is suspected of committing a crime and should be transferred to a judicial organ, the administrative organ shall transfer the sealed-up, distrained or frozen property together, and notify the parties in writing.
Section 2 Seizure and Detention
Twenty-second seizure, seizure shall be carried out by administrative organs as prescribed by laws and regulations, and no other administrative organ or organization may implement it.
Twenty-third seizure, seizure is limited to the places, facilities or property involved, and no place, facility or property unrelated to the illegal act may be seized or detained; Shall not seal up or detain the daily necessities of individual citizens and their supporters.
If the premises, facilities or property of the parties concerned have been sealed up by other state organs according to law, they may not be sealed up again.
Article 24 Where an administrative organ decides to seal up or detain, it shall, in accordance with the procedures stipulated in Article 18 of this Law, make and deliver a written decision and list of sealing up or detaining on the spot.
The following items shall be specified in the decision of sealing up or detaining:
(1) The name and address of the party concerned;
(two) the reasons, basis and time limit for sealing up and detaining;
(3) The name and quantity of the place, facility or property that has been sealed up or detained;
(four) the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit;
(5) The name, seal and date of the administrative organ.
The list of seizure and detention is in duplicate, which shall be kept by the parties and the administrative organ respectively.
Article 25 The time limit for sealing up or detaining shall not exceed 30 days; If the situation is complicated, it may be extended with the approval of the person in charge of the administrative organ, but the extension period shall not exceed 30 days. Except as otherwise provided by laws and administrative regulations.
The parties concerned shall be informed in writing in a timely manner of the decision to extend the seizure and detention, and the reasons shall be explained.
Where it is necessary to conduct inspection, inspection, quarantine or technical appraisal on articles, the time limit for sealing up or detaining shall not include the time limit for inspection, inspection, quarantine or technical appraisal. The time limit for inspection, testing, quarantine or technical appraisal shall be clear, and the parties concerned shall be informed in writing. The expenses for inspection, testing, quarantine or technical appraisal shall be borne by the administrative organ.
Twenty-sixth places, facilities or property that have been sealed up or detained shall be properly kept by the administrative organ and shall not be used or damaged; If losses are caused, it shall be liable for compensation.
The administrative organ may entrust a third party to keep the sealed place, facility or property, and the third party may not damage it or transfer or dispose of it without authorization. If losses are caused by a third party, the administrative organ shall have the right to recover from the third party after paying in advance.
The storage expenses arising from the seizure and detention shall be borne by the administrative organ.
Article 27 After taking measures of sealing up or detaining, the administrative organ shall ascertain the facts in time and make a decision on handling the matter within the time limit stipulated in Article 25 of this Law. If the illegal facts are clear, the illegal property that should be confiscated according to law shall be confiscated; If laws and administrative regulations require destruction, it shall be destroyed according to law; If the seizure or detention should be lifted, a decision should be made to lift the seizure or detention.
Twenty-eighth in any of the following circumstances, the administrative organ shall promptly make a decision to lift the seizure or detention:
(a) the parties have no illegal behavior;
(2) The place, facility or property sealed up or detained has nothing to do with the illegal act;
(three) the administrative organ has made a decision to deal with the illegal act, and it is no longer necessary to seal up or detain it;
(4) The time limit for sealing up or detaining expires;
(5) Other circumstances in which it is no longer necessary to take sealing-up or seizure measures.
After lifting the seal-up or seizure, the property shall be returned immediately; If fresh commodities or other properties that are not easy to keep have been auctioned or sold, the proceeds from the auction or sale shall be refunded. If the sales price is obviously lower than the market price, and losses are caused to the parties concerned, compensation shall be paid.
Section III Freezing
Article 29 The freezing of deposits and remittances shall be implemented by administrative organs as prescribed by law, and shall not be entrusted to other administrative organs or organizations; No other administrative organ or organization may freeze deposits or remittances.
The amount of frozen deposits and remittances shall be equivalent to the amount involved in the illegal act; Those that have been frozen by other state organs according to law shall not be frozen again.
Article 30 When an administrative organ decides to freeze deposits and remittances according to law, it shall go through the procedures as stipulated in Items 1, 2, 3 and 7 of Article 18 of this Law and serve a notice of freezing on financial institutions.
After receiving the notice of freezing made by the administrative organ according to law, the financial institution shall freeze it immediately without delay, and shall not disclose information to the parties before freezing.
Where an administrative organ or organization other than those prescribed by law requests to freeze the deposits and remittances of the parties concerned, the financial institution shall refuse.
Article 31 Where deposits and remittances are frozen according to law, the administrative organ that made the freezing decision shall serve the freezing decision on the parties within three days. The freezing decision shall specify the following items:
(1) The name and address of the party concerned;
(2) Reasons, basis and time limit for freezing;
(3) The frozen account number and amount;
(four) the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit;
(5) The name, seal and date of the administrative organ.
Thirty-second within thirty days from the date of freezing deposits and remittances, the administrative organ shall make a decision on handling or lifting the freeze; If the situation is complicated, it may be extended with the approval of the person in charge of the administrative organ, but the extension period shall not exceed 30 days. Except as otherwise provided by law.
The decision to extend the freeze shall be promptly informed in writing to the parties concerned, and the reasons shall be explained.
Thirty-third in any of the following circumstances, the administrative organ shall promptly make a decision to lift the freeze:
(a) the parties have no illegal behavior;
(2) Frozen deposits and remittances have nothing to do with illegal acts;
(three) the administrative organ has made a decision to deal with the illegal act, and it is no longer necessary to freeze it;
(4) The freezing period has expired;
(5) Other circumstances in which freezing measures are no longer necessary.
If the administrative organ makes a decision to lift the freeze, it shall promptly notify the financial institution and the parties concerned. After receiving the notice, the financial institution shall immediately lift the freeze.
If the administrative organ fails to make a decision on handling or unfreezing within the time limit, the financial institution shall unfreeze it from the date when the freeze expires.
Chapter IV Procedures for Compulsory Enforcement by Administrative Organs
Section 1 General Provisions
Article 34 After an administrative organ makes an administrative decision according to law, if the party concerned fails to perform his obligations within the time limit decided by the administrative organ, the administrative organ with the power of administrative enforcement shall enforce it in accordance with the provisions of this Chapter.
Article 35 Before making a compulsory execution decision, the administrative organ shall urge the parties to fulfill their obligations first. Reminders shall be made in writing and shall include the following items:
(1) Time limit for performing obligations;
(two) the way to perform the obligations;
(three) involving monetary payment, there should be a clear amount and payment method;
(4) The rights of statement and defense enjoyed by the parties according to law.
Article 36 After receiving the reminder, the parties have the right to make statements and defend themselves. The administrative organ shall fully listen to the opinions of the parties and record and review the facts, reasons and evidence put forward by the parties. If the facts, reasons or evidence put forward by the parties are established, the administrative organ shall adopt them.
Article 37 If the party concerned fails to perform the administrative decision within the time limit after being urged, the administrative organ may make a compulsory enforcement decision without justifiable reasons.
The enforcement decision shall be made in writing, and shall specify the following items:
(1) The name and address of the party concerned;
(two) the reasons and basis for enforcement;
(three) the way and time of enforcement;
(four) the way and time limit for applying for administrative reconsideration or bringing an administrative lawsuit;
(5) The name, seal and date of the administrative organ.
During the reminder period, if there is evidence to prove that there are signs of transferring or concealing property, the administrative organ may make a decision of immediate execution.
Thirty-eighth reminders and administrative law enforcement decisions shall be served directly on the parties. If the party refuses to accept it or cannot serve it directly, it shall be served in accordance with the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC).
Article 39 In any of the following circumstances, execution shall be suspended:
(a) the parties to the administrative decision is really difficult or temporarily unable to perform;
(two) the third party's claim to the subject matter of execution is justified;
(three) the execution may cause irreparable losses, and the suspension of execution will not harm the public interest;
(four) other circumstances that the administrative organ deems it necessary to suspend the execution.
After the suspension of execution disappears, the administrative organ shall resume execution. If there is no obvious social harm and the party concerned is really unable to perform it, and the execution has not been resumed after three years of suspension, the administrative organ will no longer perform it.
Fortieth in any of the following circumstances, the execution shall be terminated:
(a) the death of a citizen, there is no inheritance for execution, and there is no obligation to inherit;
(2) The legal person or other organization is terminated, with no property to execute and no obligation to inherit;
(3) The subject matter of execution is lost;
(4) The administrative decision on which it is based has been revoked;
(five) other circumstances that the administrative organ deems it necessary to terminate the execution.
Forty-first in the process of execution or after the execution, if the administrative decision on which the person subjected to execution is based is revoked, changed or executed wrongly, it shall be restored to the original state or returned to the property; If it is impossible to restore the original state or return the property, it shall be compensated according to law.
Forty-second administrative enforcement, without prejudice to public interests and the legitimate rights and interests of others, the administrative organ may reach an enforcement agreement with the parties. The implementation agreement may stipulate that it shall be performed in stages; If the parties take remedial measures, they may reduce the additional fines or late fees.
The implementation agreement shall be fulfilled. If the parties fail to perform the execution agreement, the administrative organ shall resume compulsory execution.
Forty-third administrative organs shall not impose administrative coercion at night or on legal holidays. However, except for emergencies.
The administrative organ shall not stop supplying water, electricity, heat and gas to the residents' lives, so as to force the parties concerned to perform relevant administrative decisions.
Forty-fourth illegal buildings, structures and facilities. If compulsory demolition is needed, it shall be announced by the administrative organ, and the parties shall be allowed to dismantle it themselves within a time limit. If the party concerned does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and does not dismantle it, the administrative organ may forcibly dismantle it according to law.
Section 2 Fulfilling the obligation to pay money
Article 45 An administrative organ shall make an administrative decision on the payment of monetary obligations according to law. If a party fails to perform it within the time limit, the administrative organ may impose a fine or a late payment fee according to law. The parties concerned shall be informed of the criteria for increasing the fine or late payment fee.
The amount of fine or overdue fine shall not exceed the amount of obligatory payment.
Article 46 If an administrative organ imposes a fine or overdue fine in accordance with the provisions of Article 45 of this Law for more than 30 days and fails to perform it after being urged, the administrative organ with administrative enforcement power may enforce it.
Where an administrative organ needs to take measures of sealing up, distraining or freezing before compulsory execution, it shall be handled in accordance with the provisions of Chapter III of this Law.
The administrative organ without the power of administrative enforcement shall apply to the people's court for enforcement. However, if a party fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and fails to perform after being urged to do so, the administrative organ that has taken measures to seal up or detain in the process of administrative management may auction the sealed-up or detained property according to law to offset the fine.
Article 47 The transfer of deposits and remittances shall be decided by the administrative organ prescribed by law, and financial institutions shall be notified in writing. After receiving the decision of the administrative organ to allocate deposits and remittances according to law, financial institutions shall immediately allocate them.
Where an administrative organ or organization other than those prescribed by law requires the parties to transfer money and remit money, the financial institution shall refuse.
Article 48 An auction of property according to law shall be handled by an auction institution entrusted by an administrative organ in accordance with the provisions of the Auction Law of People's Republic of China (PRC).
Forty-ninth the allocated deposit, remittance, auction and legal treatment shall be turned over to the state treasury or incorporated into the financial special account. No administrative organ or individual may intercept, privately divide or privately divide in disguised form in any form.
Section 3 Acting for Performance
Article 50 When an administrative organ makes an administrative decision, it requires the parties to perform obligations such as removing obstacles and restoring to the original state according to law. If the parties fail to perform within the time limit and still fail to perform after being urged, the administrative organ may perform it on their behalf or entrust an unrelated third party to perform it on their behalf.
Article 51 Agency performance shall meet the following requirements:
(1) Before the written decision is served, the name and address of the party concerned, the reasons and basis for performance, the method and time, the subject matter, the cost budget and the person performing it shall be clearly stated;
(two) three days before the performance, urge the parties to perform, the parties do not perform, stop performing;
(three) on behalf of the performance, the administrative organ that made the decision shall send personnel to the scene to supervise;
(four) after the performance of the agent, the staff of the administrative organ, the agent, the parties or the witnesses present shall sign or seal the execution document.
The cost of performance shall be reasonably determined according to the cost and shall be borne by the parties concerned. However, unless otherwise provided by law.
Do not use violence, coercion or other illegal means to perform.
Article 52 If it is necessary to immediately remove spills, obstacles or pollutants from roads, rivers, waterways or public places, and the parties concerned are unable to do so, the administrative organ may decide to perform it immediately on their behalf; If the party concerned is not present, the administrative organ shall immediately notify the party concerned afterwards and deal with it according to law.
Chapter V Application to the People's Court for Compulsory Enforcement
Article 53 If a party fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and fails to perform the administrative decision, the administrative organ without administrative compulsory power may, within three months from the date of expiration of the time limit, apply to the people's court for compulsory execution in accordance with the provisions of this Chapter.
Article 54 Before applying to the people's court for compulsory execution, the administrative organ shall urge the parties to fulfill their obligations. If the parties still fail to perform their obligations ten days after the written notice is served, the administrative organ may apply to the local people's court with jurisdiction for enforcement; If the object of execution is immovable property, it shall apply to the people's court with jurisdiction where the immovable property is located for compulsory execution.
Article 55 When an administrative organ applies to a people's court for compulsory execution, it shall provide the following materials:
(1) An application for compulsory execution;
(two) the administrative decision and the facts, reasons and basis of the decision;
(three) the opinions of the parties and the reminders of the administrative organs;
(4) the subject matter of the application for compulsory execution;
(5) Other materials as prescribed by laws and administrative regulations.
The application for compulsory execution shall be signed by the person in charge of the administrative organ, stamped with the seal of the administrative organ and dated.
Article 56 The people's court shall accept the application for compulsory execution by the administrative organ within five days.
If the administrative organ disagrees with the people's court's decision not to accept it, it may apply to the people's court at the next higher level for reconsideration within 15 days, and the people's court at the next higher level shall make a ruling on whether to accept it within 15 days from the date of receiving the application for reconsideration.
Article 57 The people's court shall conduct a written examination of the administrative organ's application for compulsory execution. If an administrative decision complies with the provisions of Article 55 of this Law and has the force of legal enforcement, the people's court shall make a ruling on enforcement within seven days from the date of acceptance, except for the circumstances as stipulated in Article 58 of this Law.
Article 58 If a people's court finds any of the following circumstances, it may listen to the opinions of the person subjected to execution and the administrative organ before making a ruling:
(a) the obvious lack of factual basis;
(2) The laws and regulations are obviously lacking;
(three) other obvious violations of the law, damage the legitimate rights and interests of the person subjected to execution.
The people's court shall make a ruling on whether to implement it within 30 days from the date of acceptance. If the ruling is not executed, the reasons shall be explained, and the ruling will not be served on the administrative organ within five days.
If an administrative organ disagrees with the people's court's ruling not to execute, it may apply to the people's court at the next higher level for reconsideration within 15 days from the date of receiving the ruling, and the people's court at the next higher level shall make a ruling on whether to execute it within 30 days from the date of receiving the application for reconsideration.
Article 59 In case of emergency, in order to ensure public safety, the administrative organ may apply to the people's court for immediate execution. With the approval of the president of the people's court, the people's court shall execute it within five days from the date of making the execution ruling.
Article 60 When an administrative organ applies to a people's court for compulsory execution, it shall not pay the application fee. The execution expenses shall be borne by the person subjected to execution.
If the people's court enforces it by allocation or auction, it may deduct the execution fee after allocation or auction.
Auction of property according to law shall be entrusted by the people's court to auction institutions in accordance with the provisions of the Auction Law of People's Republic of China (PRC).
Transferred deposits, remittances, proceeds from auction and legal treatment shall be turned over to the state treasury or incorporated into special financial accounts, and shall not be withheld, privately shared or privately shared in any form.
Chapter VI Legal Liability
Article 61 If an administrative organ implements administrative enforcement in any of the following circumstances, the administrative organ at a higher level or the relevant department shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law:
(a) there is no basis for laws and regulations;
(two) change the object, conditions and methods of administrative law enforcement;
(three) the implementation of administrative enforcement in violation of legal procedures;
(four) in violation of the provisions of this law, the implementation of administrative coercion at night or legal holidays;
(five) to stop water supply, power supply, heating, gas supply and other ways to force the parties to fulfill the relevant administrative decisions;
(six) there are other cases of illegal implementation of administrative compulsory acts.
Article 62 If an administrative organ violates the provisions of this Law in any of the following circumstances, it shall be ordered by the administrative organ at a higher level or the relevant department to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law:
(a) to expand the scope of seizure, seizure and freezing;
(2) using or damaging places, facilities or property that have been sealed up or detained;
(3) Failing to make a decision during the period of legal seizure or detention or failing to lift the seizure or detention in time according to law;
(4) Failing to make a decision on handling deposits or remittances within the statutory time limit or failing to lift the freeze in time according to law.
Article 63 The property seized or detained, or the transferred deposits and remittances, as well as the proceeds from auction and legal treatment, which are intercepted, privately distributed or privately distributed in disguised form by the administrative organ, shall be recovered by the financial department or the relevant department; The directly responsible person in charge and other directly responsible personnel shall be given disciplinary sanctions according to law, such as gross demerit, demotion, dismissal or dismissal.
If a staff member of an administrative organ takes advantage of his position to take the place, facility or property that has been sealed up or detained as his own, the administrative organ at a higher level or the relevant department shall order him to make corrections, and he shall be given the punishment of gross demerit, demotion, dismissal or expulsion according to law.
Article 64 Where an administrative organ and its staff use administrative coercive power to seek benefits for a unit or individual, the administrative organ at a higher level or the relevant department shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law.
Article 65 If a financial institution violates the provisions of this Law and commits any of the following acts, it shall be ordered by the financial supervision and regulation institution to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law:
(1) disclosing information to the parties before freezing;
(2) Failing to freeze or transfer deposits and remittances that should be frozen and transferred immediately, resulting in the transfer of deposits and remittances;
(3) Freezing or transferring deposits and remittances that should not be frozen or transferred;
(4) Failing to unfreeze frozen deposits and remittances in time.
Article 66 If a financial institution, in violation of the provisions of this Law, transfers funds to an account other than the national treasury or financial special account, the financial supervision and regulation institution shall order it to make corrections and impose a fine of twice the amount of illegally transferred funds; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.
If, in violation of the provisions of this Law, an administrative organ or a people's court orders a financial institution to transfer funds to an account other than the national treasury or financial special account, the directly responsible person in charge and other directly responsible personnel shall be punished according to law.
Article 67 If the people's court and its staff commit illegal acts or expand the scope of execution, the directly responsible person in charge and other directly responsible personnel shall be punished according to law.
Article 68 Anyone who violates the provisions of this Law and causes losses to citizens, legal persons or other organizations shall be compensated according to law.
Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter VII Supplementary Provisions
Article 69 The term "within ten days" as mentioned in this Law refers to working days, excluding legal holidays.
Article 70 The provisions of this Law concerning administrative organs shall apply to organizations authorized by laws and administrative regulations to implement administrative coercion in their own names within the scope of statutory authorization.
Article 71 This Law shall come into force on 20 12 1 65438 1 October1day.