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1994

REGULATIONS OF THE STATE COUNCIL FOR ENCOURAGEMENT OF INVESTMENT BY TAIWAN COMPATRIOTS

STANDARDIZATION LAW OF THE PEOPLE’S REPUBLIC OF CHINA

The Standing Committee of the National People’s Congress

Order of the President of the People’s Republic of China

No.11

The Standardization Law of the People’s Republic of China which has been adopted at the Fifth Meeting of the Standing Committee of
the Seventh National People’s Congress on December 29, 1988 is promulgated now, and shall enter into force as of April 1, 1989.

President of the People’s Republic of China: Yang Shangkun

December 29, 1988

Standardization Law of the People’s Republic of China ContentsChapter I General Provisions

Chapter II Formulation of Standards

Chapter III Implementation of Standards

Chapter IV Legal Responsibility

Chapter V Supplementary Provisions

Chapter I General Provisions

Article 1

This Law is formulated with a view to developing the socialist commodity economy, promoting technical progress, improving product
quality, increasing social and economic benefits, safeguarding the interests of the State and the people and suiting standardization
to the needs in socialist modernization and in the development of economic relations with foreign countries.

Article 2

Standards shall be formulated for the following technical requirements that need to be unified:

(1)

the varieties, specifications, quality and grades of industrial products as well as the safety and sanitary requirements for them;

(2)

the design, production, inspection, packing, storage, transportation and methods of operation of industrial products as well as the
safety and sanitary requirements for them in the process of production, storage and transportation;

(3)

technical requirements and testing methods related to environmental protection;

(4)

the designs, construction procedure and safety requirements for construction projects; and

(5)

technical terms, symbols, code names and drawing methods related to industrial production, project construction and environmental
protection.

Major agricultural products and other items that need to be standardized shall be designated by the State Council.

Article 3

The tasks of standardization shall include the formulation of standards and organization of and supervision over the implementation
of the standards.

Standardization shall be incorporated in the plan for national economic and social development.

Article 4

The State shall encourage the active adoption of international standards.

Article 5

The department of standardization administration under the State Council shall be in charge of the unified administration of standardization
throughout the country. Competent administrative authorities under the State Council shall, in line with their respective functions,
be in charge of standardization in their respective departments and trades.

The departments of standardization administration of provinces, autonomous regions and municipalities directly under the Central Government
shall be in charge of the unified administration of standardization within their respective administrative areas. Competent administrative
authorities under the governments of provinces, autonomous regions and municipalities directly under the Central Government shall,
in line with their respective functions, be in charge of standardization in their respective departments and trades within their
respective administrative areas.

The standardization administration departments and the competent administrative authorities of cities and counties shall, in line
with their respective functions as assigned by the governments of provinces, autonomous regions and municipalities directly under
the Central Government, be in charge of standardization within their respective administrative areas.

Chapter II Formulation of Standards

Article 6

National standards shall be formulated for the technical requirements that need to be unified nationwide. National standards shall
be formulated by the department of standardization administration under the State Council. Where, in the absence of national standards,
technical requirements for a certain trade need to be unified, trade standards may be formulated. Trade standards shall be formulated
by competent administrative authorities under the State Council and reported to the department of standardization administration
under the State Council for the record, and shall be annulled on publication of the national standards. Where, in the absence of
both national and trade standards, safety and sanitary requirements for industrial products need to be unified within a province,
an autonomous region or a municipality directly, under the Central Government, local standards may be formulated. Local standards
shall be formulated by departments of standardization administration of provinces, autonomous regions and municipalities directly
under the Central Government and reported to the department of standardization administration and the competent administrative authorities
under the State Council for the record, and shall be annulled on publication of the national or trade standards.

Where, in the absence of both national and trade standards for products manufactured by an enterprise, standards for the enterprise
shall be formulated to serve as the criteria for the organization of production. An enterprise’s standards for its products shall
be reported to the standardization administration department and the competent administrative authorities under the local government
for the record. Where national or trade standards have been formulated, the State shall encourage enterprises to formulate their
enterprise standards, which are more stringent than the national or trade standards, to be used in these enterprises.

Where the formulation of standards is otherwise provided for by law, such legal provisions shall be complied with.

Article 7

National standards and trade standards shall be classified into compulsory standards and voluntary standards. Those for safeguarding
human health and ensuring the safety of the person and of property and those for compulsory execution as prescribed by the laws and
administrative rules and regulations shall be compulsory standards, the others shall be voluntary standards.

The local standards formulated by standardization administration departments of provinces, autonomous regions and municipalities directly
under the Central Government for the safety and sanitary requirements of industrial products shall be compulsory standards within
their respective administrative area.

Article 8

The formulation of standards shall be conducive to ensuring safety and the people’s health, safeguarding consumer interests and protecting
the environment.

Article 9

The standards to be formulated shall be conducive to a rational use of the country’s resources, a wider utilization of scientific
and technological gains and the enhancement of economic returns, conform to operation instructions, increase the universality and
interchangeability of products, and be technologically advanced and economically rational.

Article 10

The standards to be formulated shall be coordinated with and supported by related standards.

Article 11

The standards to be formulated shall help promote economic and technological cooperation with foreign countries and foreign trade.

Article 12

The roles of trade associations, scientific research institutions and academic organizations shall be brought into play in the formulation
of standards.

A department engaged in the formulation of standards shall organize a committee on standardization technology composed of specialists,
which shall be responsible for the drafting of the standards and shall participate in the examination of the draft standards.

Article 13

After the standards come into force, the department that formulated them shall, in the light of scientific and technological developments
and the needs in economic construction, make timely reviews of the current standards to determine if they are to remain effective
or are to be revised or annulled.

Chapter III Implementation of Standards

Article 14

Compulsory standards must be complied with. It shall be prohibited to produce, sell or import products that are not up to the compulsory
standards. With regard to voluntary standards, the State shall encourage their adoption by enterprises on an optional basis.

Article 15

With respect to products for which national or trade standards have been formulated enterprises may apply to the standardization administration
department under the State Council or agencies authorized by the same department for product quality authentication. For products
which are authenticated to conform to the standards, certificates shall be issued by the department that made the authentication
and the use of the prescribed authentication marks shall be permitted on such products and the packing thereof.

If products for which authentication certificates have been granted do not conform to national or trade standards, or if products
have not undergone authentication or found not up to the standards after the authentication proceedings, no authentic marks shall
be permitted for use on such products leaving factories for sale.

Article 16

Technical requirements for export products shall comply with contractual provisions.

Article 17

The development of new products, improvement of products or technical renovation by an enterprise shall conform to standardization
requirements.

Article 18

Departments of standardization administration under governments at or above the county level shall be responsible for supervision
over and inspection of the implementation of the standards.

Article 19

Departments of standardization administration under governments at or above the county level may, in accordance with needs, establish
inspection organizations or authorize inspection organizations of other units to examine whether products conform to the standards.
Where the laws and administrative rules and regulations provide otherwise on inspection organizations, such provisions shall apply.

Disputes over whether a product conforms to the standards shall be handled in accordance with the inspection data provided by the
inspection organizations as specified in the preceding paragraph.

Chapter IV Legal Responsibility

Article 20

Whoever produces, sells or imports products that do not conform to the compulsory standards shall be dealt with according to law by
the competent administrative authorities as prescribed by the laws and administrative rules and regulations. In the absence of such
prescriptions, his products and unlawful proceeds shall be confiscated and he shall be concurrently fined by the administrative authorities
for industry and commerce; where serious consequences are caused and crimes are constituted, the person directly responsible shall
be investigated for criminal responsibility in accordance with the law.

Article 21

Where authentication marks are used on products leaving a factory for sale, for which authentication certificates have been issued
but which do not conform to national or trade standards, the enterprise concerned shall be ordered by the department of standardization
administration to stop the sale and shall be fined concurrently; where the circumstances are serious, the authentication certificates
shall be revoked by the department that made the authentication.

Article 22

Whoever uses authentication marks, without authorization, on products leaving a factory for sale, which have not undergone authentication
or have been found not up to the standards after the authentication proceedings, shall be ordered by the department of standardization
administration to stop the sale and shall concurrently be fined.

Article 23

A party which refuses to accept the punishment of confiscation of its products and of its unlawful proceeds and a fine may, within
15 days of receiving the penalty notice, apply for reconsideration to the office immediately above the one that made the punishment
decision; a party which refuses to obey the reconsideration decision may, within 15 days of receiving the reconsideration decision,
bring a suit before a people’s court. The party also may, within 15 days of receiving the penalty notice, directly bring a suit before
a people’s court. If a party neither applies for reconsideration nor brings a suit before a people’s court within the prescribed
time nor complies with the punishment decision, the office that made the punishment decision shall apply to a people’s court for
compulsory execution.

Article 24

Personnel responsible for the supervision, inspection and administration of standardization who violate the law or neglect their duties,
or are engaged in malpractices for personal gains, shall be given disciplinary sanctions; where crimes are constituted, their criminal
responsibility shall be investigated in accordance with the law.

Chapter V Supplementary Provisions

Article 25

Rules for the implementation of this Law shall be formulated by the State Council.

Article 26

This Law shall enter into force as of April 1, 1989.



 
The Standing Committee of the National People’s Congress
1988-12-29

 






DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS APPROVING THE CENTRAL MILITARY COMMISSION’S REGULATIONS FOR CONFERRING ON RETIRED OFFICERS HONOURARY MEDALS OF MERITORIOUS SERVICE IN THECHINESE PEOPLE’S LIBERATION ARMY

Decision of the Standing Committee of the National People’s Congress Approving the Central Military Commission’s Regulations for Conferring
on Retired Officers Honourary Medals of Meritorious Service in theChinese People’s Liberation Army
(Adopted on July 1, 1988)

The Second Meeting of the Standing Committee of the Seventh National People’s Congress has decided to approve the
Central Military Commission’s Regulations for Conferring on Retired Officers Honourary Medals of Meritorious Service in the Chinese
People’s Liberation Army, which shall be promulgated by the Central Military Commission for implementation. 

Appendix: 

Regulations of the Central Military Commission of the People’s Republic of China for Conferring on Retired Officers Honourary Medals
of Meritorious Service in the Chinese People’s Liberation Army 

(Approved at the Second Meeting of the Standing Committee of the Seventh National People’s Congress on July 1, 1988 and promulgated
by the Order of the Central Military Commission of the People’s Republic of China on July 13, 1988) 

In order to commend the historical merits of officers who joined the armed forces or joined in revolutionary work during the period
of the Chinese people’s revolutionary wars and encourage them to maintain and develop the revolutionary tradition, the Central Military
Commission of the People’s Republic of China has decided to confer on retired officers honourary medals of meritorious service in
the Chinese People’s Liberation Army (CPLA). For this purpose, the following provisions are formulated: 

Article 1  The CPLA’s honourary medals of meritorious service shall consist of three types: the CPLA Red Star Honourary Medal
of Meritorious Service (classified into two grades), the CPLA Independence Honourary Medal of Meritorious Service, and the CPLA Victory
Honourary Medal of Meritorious Service. 

Article 2  The CPLA Red Star Honourary  Medal of Meritorious Service, First Grade, shall be conferred on the following
personnel: 

(1) Retired officers who joined the armed forces or joined in revolutionary work not later than July 6, 1937, and on whom the rank
of Major General or a higher rank was conferred not later than May 21, 1965; and 

(2) Retired officers who joined the armed forces or joined in revolutionary work not later than July 6, 1937, and who held leading
positions at or above the provincial or ministerial level not later than May 21, 1965. 

Article 3  The CPLA Red Star Honourary Medal of Meritorious Service, Second Grade, shall be conferred on the following personnel: 

(1) Retired officers who joined the armed forces or joined in revolutionary work not later than July 6, 1937, and on whom the rank
of Senior Colonel or a lower rank was conferred not later than May 21, 1965, or on whom no military rank has been conferred; 

(2) Retired officers who joined the armed forces or joined in revolutionary work not later than July 6, 1937, and on whom the rank
of Major General or a higher rank was conferred, but who were punished by a demotion in position or rank or were removed from their
positions on or after May 22, 1965; and 

(3) Retired officers who joined the armed forces or joined in revolutionary work not later than July 6, 1937, and who held leading
positions at or above the provincial or ministerial level not later than May 21, 1965, but who were punished by a demotion in position
or rank or were removed from their positions on or after May 22, 1965. 

Article 4  The CPLA Independence Honourary Medal of Meritorious Service shall be conferred on retired officers who joined the
armed forces or joined in revolutionary work during the period from July 7, 1937 to September 2, 1945. 

Article 5  The CPLA Victory Honourary Medal of Meritorious Service shall be conferred on retired officers who joined the armed
forces or joined in  revolutionary work during the period from September 3, 1945 to September 30, 1949. 

Article 6   For retired officers who committed serious mistakes but for whom no conclusion has been drawn and no disposition
has been made, a decision to confer or not to confer the honourary medals of meritorious service on them shall be made in accordance
with these Regulations after a conclusion is drawn and a disposition made. 

Article 7   No honourary medal of meritorious service shall be conferred on anyone who joined the armed forces or joined
in revolutionary work not later than September 30, 1949, but is not treated as a retired officer because of his serious mistake. 

Article 8   The conferment of the CPLA honourary medals of meritorious service on retired officers shall be conducted upon
a decision made by the Central Military Commission and an order issued by the Chairman of the Central Military Commission. 

Article 9  Personnel awarded with the CPLA honourary medals of meritorious service shall be given the following favoured treatment
in the armed forces: 

(1) In the light of actual conditions, they may be asked to attend important holiday rallies and military reviews, and some of them
may be invited to the rostrum, visitors’ stand or the reviewing stand; 

(2) In the light of actual conditions, they may be invited to watch military manoeuvres of the armed forces stationed in their localities; 

(3) In the light of actual conditions, those who have special knowledge or have made outstanding achievements in certain areas may
be given priority in being invited to hold honourary positions; 

(4) They shall be awarded with a fixed amount of honourary bonus. 

Article 10  For a person awarded with a CPLA honourary medal of meritorious service who is sentenced for violation of the Criminal
Law, whether he is to be deprived of the medal shall be decided by the Central Military Commission. A person deprived of his honourary
medal of meritorious service shall no longer enjoy any of the various kinds of favoured treatment specified in Article 9 of these
Regulations. 

Article 11   It is forbidden to forge, falsely claim or sell the CPLA honourary medals of meritorious service and the certificates
for such medals. The violators shall be punished.  The honourary medals of meritorious service shall not be reissued once they
are lost. 

Article 12   The CPLA  honourary medals of meritorious service shall be conferred, in accordance with the present
Regulations, on officers who hold positions in such institutions as the Chinese Communist Party’s Advisory Commissions, the Standing
Committees of the People’s Congresses and the Political Consultative Conferences at various levels but who no longer hold any position
in the armed forces. 

Article 13  The General Political Department of the Chinese People’s Liberation Army shall, in line with these Regulations,
work out measures of implementation, which shall go into effect after being submitted to and approved by the Central Military Commission. 

Article 14    These Regulations shall come into force on the date of promulgation.

Notice: All Rights Reserved to the Legislative Affairs Commission of the Standing Committee of the National People’s Congress.






LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON CHINESE-FOREIGN CONTRACTUAL JOINT VENTURES

SUPPLEMENTARY PROVISIONS OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS CONCERNING THE PUNISHMENT OF THE CRIMES OF SMUGGLING

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  Invalidated
Date of Promulgation  1988-01-21 Effective Date  1988-01-21 Date of Invalidation  1997-10-01


Supplementary Provisions of the Standing Committee of the National People’s Congress Concerning the Punishment of the Crimes of Smuggling



(Adopted at the 24th Meeting of the Standing Committee of the Sixth

National People’s Congress and promulgated for enforcement by Order No.62 of
the President of the People’s Republic of China on January 21, 1988)
(Editor’s Note: This Decision has been invalidated by the Criminal Law of the
People’s Republic of China revised at the Fifth Session of the Eighth National
People’s Congress on March 14, 1997, and effective on October 1, 1997)

    In accordance with the provisions on the punishment of the crimes of
smuggling as stipulated in the Criminal Law of the People’s Republic of China
and the Decision of the Standing Committee of the National People’s Congress
Regarding the Severe Punishment of Criminals Who Seriously Sabotage the
Economy, the following supplementary provisions are made:

    1. Whoever smuggles opium and other narcotics, weapons and ammunition, or
counterfeit currency shall be sentenced to fixed-term imprisonment of not less
than seven years and shall concurrently be sentenced to a fine or confiscation
of property; if the circumstances are especially serious, the offender shall
be sentenced to life imprisonment or the death penalty and shall concurrently
be sentenced to confiscation of property; if the circumstances are relatively
minor, the offender shall be sentenced to fixed-term imprisonment of not more
than seven years and shall concurrently be sentenced to a fine.

    2. Whoever smuggles cultural relics, precious and rare species of
wildlife as well as the products thereof, gold, silver or other precious
metals forbidden by the state from being exported shall be sentenced to
fixed-term imprisonment of not less than five years, and shall concurrently
be sentenced to a fine or confiscation of property; if the circumstances are
especially serious, the offender shall be sentenced to life imprisonment or
the death penalty, and shall concurrently be sentenced to confiscation of
property; if the circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not more than five years, and shall
concurrently be sentenced to a fine.

    3. Whoever, for the purpose of making profits or dissemination, smuggles
pornographic movies, videotapes, magnetic tapes, pictures, publications or
other pornographic articles shall be sentenced to fixed-term imprisonment of
not less than three years and not more than ten years, and shall concurrently
be sentenced to a fine; if the circumstances are serious, the offender shall
be sentenced to fixed-term imprisonment of not less than ten years or life
imprisonment, and shall concurrently be sentenced to a fine or confiscation of
property; if the circumstances are relatively minor, the offender shall be
sentenced to fixed-term imprisonment of not more than three years or criminal
detention, and shall concurrently be sentenced to a fine.

    4. Those who smuggle goods and articles not specified in Articles 1-3 of
the present Provisions shall, in the light of the seriousness of the
circumstances, be punished in accordance with the following provisions:

    (1) Whoever smuggles goods and articles valued at not less than 500,000
yuan shall be sentenced to fixed-term imprisonment of not less than ten years
or life imprisonment, and shall concurrently be sentenced to a fine or
confiscation of property; if the circumstances are especially serious, the
offender shall be sentenced to the death penalty, and shall concurrently be
sentenced to confiscation of property.

    (2) Whoever smuggles goods and articles valued at not less than 150,000
yuan and less than 500,000 yuan shall be sentenced to fixed-term imprisonment
of not less than seven years, and shall concurrently be sentenced to a fine or
confiscation of property; if the circumstances are especially serious, the
offender shall be sentenced to life imprisonment, and shall concurrently be
sentenced to confiscation of property.

    (3) Whoever smuggles goods and articles valued at not less than 50,000
yuan and less than 150,000 yuan shall be sentenced to fixed-term imprisonment
of not less than three years and not more than ten years, and shall
concurrently be sentenced to a fine.

    (4) Whoever smuggles goods and articles valued at not less than 20,000
yuan and less than 50,000 yuan shall be sentenced to fixed-tern imprisonment
of not more than three years or criminal detention, and shall concurrently be
sentenced to a fine; if the circumstances are relatively minor or the value is
less than 20,000 yuan, the smuggled goods and articles and the illegal
proceeds thereof shall be confiscated by the Customs, and the offender may
concurrently be sentenced to a fine.

    Two or more persons who jointly smuggle shall be punished separately in
accordance with the value of the goods and articles each of them smuggles and
the role each of them plays in the crime. With respect to the ringleader of a
smuggling group, the punishment shall be given according to the total value of
the goods and articles smuggled by the group; with respect to other principal
offenders who join in the crime of smuggling, the punishment shall, if the
circumstances are serious, be given according to the total value of the goods
and articles jointly smuggled.

    Whoever repeatedly smuggles and goes unpunished shall be punished
according to the accumulated value of the smuggled goods and articles.

    5. Enterprises, institutions, state organs and public organizations that
smuggle goods and articles specified in Articles 1-3 of the present Provisions
shall be sentenced to a fine, and the persons directly in charge and other
persons directly responsible for the crime shall be punished according to the
provisions regarding the punishment of individuals who have committed the
crime of smuggling.

    Enterprises, institutions, state organs and public organizations that
smuggle goods and articles not specified in Articles 1-3 of the present
Provisions valued at not less than 300,000 yuan, shall be sentenced to a fine
and the persons directly in charge and other persons directly responsible for
the crime shall be sentenced to fixed-term imprisonment of not more than five
years or criminal detention; if the circumstances are especially serious,
causing major losses to the state, the offenders shall be sentenced to
fixed-term imprisonment of not less than five years and not more than ten
years; if the value is less than 300,000 yuan, the smuggled goods and articles
and the illegal proceeds thereof shall be confiscated by the Customs, and a
fine may be imposed, and the persons directly in charge and other persons
directly responsible for the crime shall be given administrative sanctions at
the discretion of the unit they belong to or of the competent authorities at a
higher level.

    Where the illegal proceeds from smuggling perpetrated by enterprises,
institutions, state organs or public organizations go to individuals, or where
smuggling is perpetrated in the name of enterprises, institutions, state
organs or public organizations while the illegal proceeds are shared out among
individuals, punishment shall be meted out according to the stipulations of
the present Provisions regarding the punishment of individuals who have
committed the crime of smuggling.

    6. Whoever commits any of the following acts of smuggling that
constitutes a crime according to the present Provisions shall be punished in
accordance with the provisions of Article 4 and Article 5:

    (1) without approval by the Customs and without having paid the overdue
customs duties, selling for profits without authorization, within the
territory of the People’s Republic of China, authorized imported bonded goods
such as materials supplied by foreign clients for processing, parts supplied
by them for assembly or raw or processed materials, parts, finished products
or equipment for compensation trade; or

    (2) importing goods and articles under the guise of accepting donations,
or without approval by the Customs and without having paid the overdue customs
duties, selling for profits without authorization, within the territory of the
People’s Republic of China, donated imported goods and articles or other
imported goods and articles specially designated for the reduction of or
exemption from duties.

    If the acts of smuggling specified in the preceding two paragraphs involve
a relatively small quantity or value and do not constitute a crime, the
smuggled goods and articles and the illegal proceeds thereof shall be
confiscated by the Customs and a fine may concurrently be imposed.

    7. Whoever commits any of the following acts shall be deemed to have
committed the crime of smuggling and shall be punished in accordance with the
relevant stipulations of the present Provisions:

    (1) directly and illegally purchasing from smugglers articles forbidden by
the state from being imported or directly and illegally purchasing from
smugglers other smuggled imported goods and articles, involving relatively
large quantities or values; or

    (2) transporting, purchasing and selling in inland seas and territorial
waters articles forbidden by the state from being imported or exported or
goods and articles subject to state restrictions on import and export,
involving relatively large quantities and values and without legal
certificates.

    If the acts of smuggling specified in the preceding two paragraphs involve
a relatively small quantity or value and do not constitute a crime, the
smuggled goods and articles and the illegal proceeds thereof shall be
confiscated by the Customs and a fine may concurrently be imposed.

    8. Whoever conspires with criminals committing smuggling by offering them
loans, funds, account numbers, invoices or certificates, or by providing them
with such conveniences as transportation, storage or mailing, shall be deemed
as an accomplice in the crime of smuggling and punished as such.

    9. Where enterprises or institutions under ownership by the whole people
or under collective ownership, state organs or public organizations, in
violation of the regulations on foreign exchange control, do not tranfer to
China the foreign exchange that has been gained outside China and should be
transferred to China, or do not deposit it in the banks designated by the
state, or illegally transfer their foreign exchange from China to foreign
countries, or illegally sell for profits the foreign exchange allocated to
them by the state, the foreign exchange control authorities shall, in
accordance with the regulations on foreign exchange control, force them to
change their foreign exchange into Renminbi and confiscate their illegal
gains, and may concurrently impose a fine on them; in addition, the persons
directly in charge and other persons directly responsible shall be given
administrative sanctions at the discretion of the unit they belong to or of
the competent authorities at a higher level; if the circumstances are serious,
in addition to forcing such units to change their foreign exchange into
Renminbi and having their illegal gains confiscated and imposing a fine on
them in accordance with the regulations on foreign exchange control, the
persons directly in charge and other persons directly responsible shall be
sentenced to fixed-term imprisonment of not more than five years or criminal
detention.

    Enterprises, institutions, state organs, public organizations or
individuals that illegally traffic in foreign exchange for profits, if the
circumstances are serious, shall be punished for crimes of speculation.

    10. Whoever shields smuggling with armed force shall be given a heavier
punishment in accordance with the provisions of Article 1 of the present
Provisions.

    Whoever, by means of violence or threat, resists the seizure of smugglers
or smuggled goods shall be punished for crimes of smuggling and of preventing
state personnel from carrying out their functions according to law as
stipulated in Article 157 of the Criminal Law and in accordance with the
provisions regarding the combined punishment for several crimes.

    11. State personnel who take advantage of their office to commit the
crime of smuggling shall be given a heavier punishment.

    12. Whoever commits the crime of smuggling shall, according to law, be
sentenced to confiscation of the smuggled goods and articles, the illegal
proceeds thereof and the means of transportation used in the smuggling and
owned by the offender or the unit to which he belongs.

    13. All the property confiscated and gains from fines or penalties in the
handling of cases of smuggling shall be turned over to the State Treasury.
Nobody shall be allowed to deduct a percentage from them or dispose of them
privately. Those who privately share out confiscated property and gains from
fines or penalties shall be punished as embezzlers.

    14. With respect to cases of smuggling in which criminal responsibility
is to be investigated according to law, the departments that have apprehended
those cases shall turn over to judicial organs the files on them along with
evidence such as the inventory and pictures of the smuggled goods and
articles; smuggled goods and articles, except for those that are not suitable
for long-term preservation and may, therefore, be disposed of according to the
relevant provisions, shall be sealed up on the spot and kept properly, so that
the judicial organs may check them at any time.

    15. For the purpose of the present Provisions, the value of the smuggled
goods and articles shall be calculated in accordance with the retail prices of
local state businesses at the times when the cases are discovered. If such
prices are hard to determine, they shall be assessed by the competent
authorities concerned.

    16. The present Provisions shall come into force as of the date of
promulgation.





THE LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON INDUSTRIAL ENTERPRISES OWNED BY THE WHOLE PEOPLE

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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