1adopted at the 17th meeting of the Standing Committee of the 6th NPC on September 5th, 986. According to1May, 1994 12, the Seventh Session of the Standing Committee of the Eighth NPC was revised.
The Regulations of the People's Republic of China on Administrative Penalties for Public Security in 2006 has expired. The new "People's Republic of China (PRC) Public Security Administration Punishment Law" was promulgated on August 28th, 2005 and came into force on March 28th, 2006. Chapter I General Provisions
Chapter II Types and Application of Punishment
Chapter III Violations of Public Security Administration and Penalties
Chapter IV Enforcement of Awards
Chapter V Supplementary 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 legitimate rights and interests of citizens and ensuring the smooth progress of socialist modernization.
Article 2 Anyone who disturbs social order, endangers public security and infringes upon citizens' personal rights or public or private property, if the case constitutes a crime according to 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 and should be punished for public security management, it shall be punished in accordance with these regulations.
Article 3 These Regulations 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. These Regulations shall also apply to acts that violate the administration of public security in ships or aircraft in People's Republic of China (PRC).
Article 4 Public security organs shall adhere to the principle of combining education with punishment for those who violate the administration of public security.
Article 5 The public security organs may mediate and handle acts that violate the administration of public security, such as fighting and damaging other people's property caused by civil disputes, if the circumstances are minor. Article 6 Penalties for acts violating the administration of public security are divided into the following three categories: warning. Fines: 65438+ from 0 yuan to 200 yuan. Where there are other provisions in Articles 30, 31 and 32 of this Ordinance, those provisions shall prevail. Detention: 1 day or more, 15 days or less. Article 7 Property and contraband seized in violation of public security administration shall be returned to their original owners or confiscated according to regulations. All the tools I use in violation of public security management can be confiscated according to the regulations. The specific measures shall be formulated separately by the Ministry of Public Security.
Article 8 Where losses or injuries are caused by violation of public security administration, the person who violates public security administration shall compensate for the losses or bear the medical expenses. If a person who violates the administration of public security is a person with no capacity or limited capacity, his guardian shall be responsible for compensation or burden according to law.
Article 9 Anyone who has reached the age of 14 and is under the age of 18 who violates the administration of public security shall be given a lighter punishment; People below 14 who violate the administration of public security shall be exempted from punishment, but they may be admonished and ordered to be strictly disciplined by their guardians.
Article 10 A mental patient who violates the administration of public security when he can't identify or control his own behavior shall not be punished, but his guardian shall be ordered to strictly guard and treat him. Intermittent mental patients who violate the administration of public security when they are mentally normal shall be punished.
Eleventh deaf or blind people who violate the administration of public security due to physical defects shall not be punished.
Twelfth drunkards who violate the administration of public security shall be punished. A drunken person who is in a drunken state and is dangerous to himself or threatens the safety of others shall be restrained until he is sober.
Article 13 If a person commits two or more acts violating the administration of public security, they shall be adjudicated separately and executed jointly.
Fourteenth two or more people who violate the administration of public security shall be punished according to the seriousness of the case. 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.
Fifteenth organs, organizations, enterprises and institutions in violation of public security management, punish the person directly responsible; Directed by the person in charge of the unit and punished at the same time.
Article 16 Whoever violates the administration of public security under any of the following circumstances may be given a lighter punishment or exempted from punishment: if the circumstances are particularly minor; Taking the initiative to admit mistakes and correct them in time because of coercion or deception by others. Seventeenth violation of public security management in any of the following circumstances, can be given a heavier punishment: there are more serious consequences; Coercing, deceiving others or instigating people under the age of 18 to violate the administration of public security; Retaliating against prosecutors and witnesses; Do not change after repeated offenses. Eighteenth violations of public security management within six months, the public security organs did not find, no longer punished.
The time limit mentioned in the preceding paragraph shall be counted from the date of the violation of public security administration; 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. Article 19 Whoever commits one of the following acts of disturbing public order, which is not serious enough for criminal punishment, shall be detained for not more than 15 days, fined for not more than 200 yuan or given a warning: disturbing the order of organs, organizations, enterprises and institutions, resulting in work, production, business, medical care, teaching and scientific research not being carried out normally, but causing serious losses; Disturbing the order of stations, docks, civil aviation stations, markets, shopping malls, parks, theaters, entertainment venues, sports grounds, exhibition halls or other public places; Disturbing the order of public transport such as buses, trams, trains and ships; Gathering people to fight, provoking troubles, insulting women or engaging in other rogue activities; Fabricating or distorting facts, deliberately spreading rumors or disturbing social order by other means; Lie about danger and create chaos; Refusing or obstructing state functionaries from performing their duties according to law without resorting to violence or threats. Article 20 Whoever commits one of the following acts endangering public security shall be detained for not more than five days, fined not more than 200 yuan or given a warning: illegally carrying or storing guns and ammunition or committing other acts in violation of the regulations on gun control, which are not serious enough for criminal punishment; In violation of the regulations on the management of explosive, highly toxic, flammable and radioactive dangerous goods, producing, selling, storing, transporting, carrying and using dangerous goods, which have not caused serious consequences but are not serious enough for criminal punishment; Illegally manufacturing, selling or carrying daggers, triangular knives, spring knives or other controlled knives; Operating hotels, restaurants, theaters, entertainment venues, sports grounds, exhibition halls or other places for people to gather, violating safety regulations and failing to correct after being notified by the public security organs; Organize mass gatherings or activities such as culture, entertainment, sports, exhibitions and trade fairs. Failing to take corresponding safety measures and failing to make corrections after being notified by the public security organ; Violating the safety regulations on ferries and ferries, and failing to make corrections after being notified by the public security organs; Failing to listen to dissuasion and rushing to board the ferry, causing the ferry to be overloaded or forcing the ferry driver to take risks in violation of safety regulations, which is not serious enough for criminal punishment; Digging holes, placing obstacles, damaging or moving signs on railways, highways, waterways and dams may affect traffic safety but are not serious enough for criminal punishment. Article 21 Whoever commits one of the following acts endangering public security shall be fined up to 200 yuan or given a warning: setting up or using a civil shooting range does not comply with safety regulations; Installation and use of power grid without approval, or installation and use of power grid does not meet safety regulations, which has not caused serious consequences; Construction shall be carried out in places where vehicles and pedestrians pass, and ditches, wells and holes shall be uncovered, marked or fenced, or intentionally damaged or moved. Article 22 Whoever commits one of the following acts of infringing upon the personal rights of others, which is not serious enough for criminal punishment, shall be detained for less than 15 days, fined for less than 200 yuan or given a warning: beating others, causing minor injuries; Illegally restricting the personal freedom of others, or illegally invading other people's houses; Publicly insulting others or fabricating facts to slander others; Abuse of family members, and the abused person requests to deal with it; Writing threatening letters or threatening the safety of others or interfering with their normal life by other means; Coercing or tricking people under the age of 18 into performing horrible and cruel programs, destroying their physical and mental health; Concealing, destroying or opening others' mails and telegrams without permission. Article 23 Whoever commits one of the following acts of infringing on public or private property, which is not serious enough for criminal punishment, shall be sentenced to criminal detention or given a warning, and shall also, or shall only, be fined 200 yuan: stealing, swindling or robbing public or private property in a relatively small amount; Looting state, collective or individual property; Blackmailing public or private property; Deliberately damaging public and private property. Article 24 Whoever commits one of the following acts that disturb the social management order shall be detained for not more than five days, fined not more than 200 yuan or given a warning: concealing, destroying or transferring it knowing that it is stolen goods, which is not serious enough for criminal punishment, or purchasing it knowing that it is stolen goods; Reselling tickets such as boat tickets, boat tickets, tickets for cultural performances or sports competitions, but not serious enough for criminal punishment; Taking opium, injecting morphine and other drugs in violation of the government ban; Using superstitious activities to disrupt social order, endanger public interests, harm the health of others or defraud property, which is not serious enough for criminal punishment; Stealing another person's motor vehicle; Violation of the regulations on the registration of social organizations, engaging in activities in the name of social organizations without registration, or engaging in activities in the name of the original social organizations after being revoked, dissolved or banned, which is not serious enough for criminal punishment; Criminals who are under legal control and deprived of political rights, while on probation, parole, medical parole or other execution outside prison, or those who are subject to criminal compulsory measures according to law, violate laws, administrative regulations and relevant supervision and management regulations of the public security department of the State Council, and have not yet constituted a new crime; Pretending to be a state functionary and swindling, but not serious enough for criminal punishment. Article 25 Whoever commits any of the following acts from the first to the third, thus disrupting the social management order, shall be fined not more than 200 yuan or given a warning; Whoever commits any of the following acts (4) to (7) shall be fined not more than 50 yuan or given a warning: failing to report the cultural relics hidden in underground, inland waters, territorial waters and other places to the state; The engraving industry has made official seals in violation of management regulations, which has not caused serious consequences; Deliberately defacing cultural relics and historical sites protected by the state and damaging sculptures in public places, but not serious enough for criminal punishment; Deliberately damaging or moving road signs and traffic signs without authorization; Intentionally damaging street lamps, mailboxes, public telephones or other public facilities, but not serious enough for criminal punishment; In violation of regulations, destroying lawns, flowers and trees; In violation of regulations, using audio equipment in cities and towns, the volume is too high, affecting the work or rest of surrounding residents, and refusing to stop it. Twenty-sixth violation of fire management, one of the following first to fourth acts, detention 10 day, fine 100 yuan or warning; Whoever commits any of the acts in Items 5 to 8 shall be fined up to 65,438,000 yuan or given a warning: whoever smokes or uses naked flames in violation of the prohibition in places with inflammable and explosive articles; Deliberately obstructing the passage of fire engines and fireboats or disturbing the order at the scene of a fire, which is not serious enough for criminal punishment; Refusing to carry out the command of the fire commander, which affects the fire fighting and disaster relief; Fire caused by negligence has not caused serious losses; Instigating or forcing others to take risks in violation of fire safety regulations, which has not caused serious consequences; Violation of fire safety regulations, occupation of fire spacing, or scaffolding, building, digging ditches, building walls to block the passage of fire engines; Burying, occupying or damaging fire-fighting facilities such as fire hydrants, pumps, water towers and reservoirs, or diverting fire-fighting equipment for other purposes, and failing to make corrections after being notified by the public security organ; There is a major fire hazard and it is not corrected after being notified by the public security organ. Twenty-seventh in violation of traffic management, one of the following acts from the first to the sixth, detained for less than 05 days, fined for less than 200 yuan or given a warning; Anyone who commits any of the acts in Items 7 to 11 shall be fined 50 yuan or given a warning: misappropriating or lending a motor vehicle driver's license; Driving a motor vehicle by a person without a driver's license or a drunk person, or giving a motor vehicle to a person without a driver's license to drive; Holding an assembly or procession in a city, obstructing traffic in violation of relevant regulations, and refusing to listen to the police; Unreasonable interception of vehicles or forced boarding affect the normal operation of vehicles and do not listen to dissuasion; Forcibly passing through an area prohibited by public security organs at or above the county level, and refusing to listen to the dissuasion of public security personnel; Violating traffic rules and causing traffic accidents, which are not serious enough for criminal punishment; Driving a motor vehicle that has not passed the inspection by the traffic management department; Driving a motor vehicle whose parts do not meet the safety requirements; Driving a motor vehicle after drinking alcohol; Directing or forcing the driver of a vehicle to violate traffic rules; Without the approval of the competent department, scaffolding, building, setting up stalls, stacking items or other acts that hinder traffic. Article 28 Whoever violates traffic management and commits any of the following acts shall be fined five yuan or given a warning: driving a motor vehicle in violation of loading and speed regulations or traffic signs and signals; Non-motor vehicle drivers or pedestrians violate traffic rules; Parking in places where parking is prohibited by the traffic administrative department; Illegal installation and use of special sound alarms or sign lamps on motor vehicles. Twenty-ninth violation of household registration or identity card management, one of the following acts from the first to the third, a fine or warning in 50 yuan; Whoever commits the fourth or fifth act shall be fined up to 65,438,000 yuan or given a warning: those who fail to declare their household registration or apply for resident identity cards according to regulations and refuse to make corrections after being notified by the public security organ; False registration or fraudulent use of other people's household registration certificates and resident identity cards; Intentionally altering the household registration certificate; Hotel management personnel fail to register the guests as required; Renting a house or a bed for people to live in, and failing to declare and register the lodger's account in accordance with the regulations. Thirtieth prostitution and whoring are strictly prohibited, and it is strictly forbidden to introduce or shelter prostitution and whoring. Offenders are detained for 15 days, given a warning, ordered to make a statement of repentance, or given reeducation through labor according to regulations, and may also be fined 5000 yuan. If a crime is constituted, criminal responsibility shall be investigated according to law.
Whoever whores with girls under the age of 14 shall be punished as rape in accordance with the provisions of Article 236 of the Criminal Law.
Thirty-first it is strictly forbidden to plant opium poppy and other original drugs in violation of government regulations. Offenders are detained for less than 15 days, and may be fined not more than 3,000 yuan alone or concurrently, except for those who eradicate the opium poppy and other drug precursors planted by them; If a crime is constituted, criminal responsibility shall be investigated according to law.
Whoever illegally transports, buys, sells, stores or uses poppy shells shall be detained on 15, and may be fined not more than 3,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 32 The following acts are strictly prohibited: gambling or providing conditions for gambling; Making, copying, selling, renting or disseminating obscene books, paintings, videos or other obscene articles. Anyone who commits one of the above acts shall be detained for less than fifteen days and may be fined less than three thousand yuan; Or being reeducated through labor in accordance with regulations; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 33 The punishment for acts violating the administration of public security shall be decided by the county, municipal public security bureau, public security sub-bureau or the public security organ equivalent to the county level. Warning, 500 yuan fine, can be decided by the police station; In rural areas where there is no police station, the public security organ may entrust the township (town) people's government to make a ruling.
Article 34 If a person who violates the administration of public security is given a warning or a fine of not more than 50 yuan, or the amount of the fine exceeds that of 50 yuan, and the punished person has no objection, the public security personnel may punish him on the spot. Other punishments for those who violate the administration of public security shall be subject to the following procedures: summoning. When the public security organ needs to summon a person who violates the administration of public security, it shall use a summons card. Those who violate the administration of public security found on the spot may be summoned orally. If a person refuses to accept or evade the summons without justifiable reasons, the public security organ may compel the summons. Interrogation Those who violate the administration of public security should truthfully answer the inquiries of the public security organs. Interrogation shall be recorded; After verification, the person questioned shall sign or seal the record, and the inquirer shall also sign the record. Take evidence. When the public security organs collect evidence materials, the relevant units and citizens shall actively support and assist them. When questioning a witness, the witness shall truthfully report the situation and make an inquiry record. After verification, the witness shall sign or seal the record. Ruling. After interrogation and verification, if the facts of violation of public security management are clear and the evidence is conclusive, a ruling shall be made in accordance with the relevant provisions of these regulations. The award will be filled in and announced to me immediately. The award is made in triplicate. One for the adjudicator, one for the unit where the adjudicator works, and one for the police station where the adjudicator lives. The unit and the local police station shall assist in the execution of the ruling. Those who violate the administration of public security shall be interrogated and verified in time after being summoned by the public security organ. If the situation is complicated and detention punishment is applicable in accordance with the provisions of these regulations, the time for interrogation and verification shall not exceed 24 hours. Thirty-fifth people who are punished by detention shall go to the designated detention center for punishment within a limited time. If you want to resist execution, you must enforce it. During the detention, the detainee's food expenses shall be borne by himself.
Article 36 A person punished by a fine shall, within five days after receiving the notice of fine or the award, deliver the fine to the public security personnel or the designated public security organ on the spot. Those who fail to pay within the time limit without justifiable reasons may be fined 1 yuan to 5 yuan on a daily basis. Those who refuse to pay the fine may be detained for less than 15 days, and the fine will still be executed. After receiving a fine, the public security organ or public security personnel shall issue a receipt for the fine. All the fines were turned over to the state treasury.
Article 37 When the adjudication organ confiscates property, it shall issue a receipt to the confiscated person. All confiscated property is turned over to the state treasury, which belongs to theft, robbery, fraud or extortion. Except contraband, if the owner is found within 6 months, it will be returned to the original owner according to law.
Article 38 Where an award is made to compensate for losses or bear medical expenses, the expenses shall be handed over to the adjudication organ within five days after receiving the award; If the amount is large, you can pay by installment. Refuses to pay, the ruling organ shall notify the unit to which it belongs to deduct it from my salary, or seize its property to offset it.
Article 39 If a person or victim sentenced to administrative punishment for public security refuses to accept the decision of the public security organ or the township (town) people's government, he may lodge a complaint with the public security organ at the next higher level within five days after receiving the notice, and the public security organ at the next higher level shall make a ruling within five days after receiving the complaint; Anyone who refuses to accept the decision of the public security organ at the next higher level may bring a lawsuit to the local people's court within 5 days after receiving the notice.
Fortieth if a complaint or lawsuit is filed against the administrative punishment of public security, the original ruling will continue to be executed during the complaint and lawsuit. If the detainee or his family members can find a guarantor or pay a deposit in accordance with the regulations, the original ruling shall be suspended during the appeal and litigation. When the award is revoked or execution begins, the deposit shall be refunded in accordance with the regulations.
Forty-first public security personnel in the implementation of this Ordinance, should strictly abide by the law and discipline, enforce the law impartially, not favoritism. It is forbidden to abuse, insult or insult those who violate the administration of public security. Violation of administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-second public security organs to give citizens administrative penalties for public security is wrong, it should admit the mistake to the punished person, and return the fines and confiscated property; If damage is caused to the lawful rights and interests of the punished person, compensation shall be made. Article 43 The term "above, below and within" as mentioned in these Regulations includes this number.
Forty-fourth measures for the implementation of penalties for violation of traffic management shall be formulated separately by the State Council.
Article 45 These Regulations shall come into force on June 1987 1 2006. 19571The Regulations of the People's Republic of China on Administrative Penalties for Public Security promulgated on October 22nd shall be abolished at the same time.