MEASURERS ON THE REGULATION OF PUBLIC COMPUTER NETWORKS AND THE INTERNET
PROVISIONS ON THE USE OF RED CROSS SIGNS
| Category | SOCIAL ORGANIZATION | Organ of Promulgation | The State Council and the Central Military Commission | Status of Effect | In Force |
| Date of Promulgation | 1996-01-29 | Effective Date | 1996-01-29 |
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Provisions of the People’s Republic of China on the Use of Red Cross Signs |
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Chapter I General Provisions
Chapter II Protective Use of Red Cross Signs
Chapter III Indicative Use of Red Cross Signs
Chapter IV Prohibitive Use of Red Cross Signs
Chapter V Penalties
Chapter VI Supplementary Provisions
(Promulgated by Decree No.194 of the State Council and the Central
Military Commission of the People’s Republic of China on January 29, 1996)
Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the Law on
the Red Cross Society and for the purpose of safeguarding the dignity of the
red cross signs and properly using the red cross signs.
Article 2 The red cross sign is the red cross on the white background.
Article 3 The red cross sign is the protection sign for international
humanitarianism, the special sign of the medical establishments of the armed
force and the sign specially used by the red cross society.
Except those described in these Provisions, the use of the red cross sign
by any organization or individual shall be prohibited.
Article 4 The red cross sign has both protection and indication roles,
each of which shall not be used in confusion.
Article 5 The local people’s government at different levels shall
supervise and administer on the use of the red cross signs within their
administrative areas according to these Provisions.
The local red cross society at different levels shall assist the local
people’s government at the same level with the supervision and administration
on the use of red cross signs.
Chapter II Protective Use of Red Cross Signs
Article 6 Protective use of red cross signs means that, during an armed
conflict, the conflicting parties shall give protection and respect to the
persons wearing the red cross signs according to these Provisions and to the
places and its articles and medical conveyance marked with red cross signs.
Article 7 When the red cross sign is used as protective sign, nothing
shall be added to the sign.
When the red cross sign is used as protective sign, if it is used on a
flag, the red cross sign shall not touch the boundary of the flag; if it is
used on an armband, the red cross sign shall be located in the middle of the
armband; if it is used on a building, the red cross sign shall be located on
the obvious part of the top of the building.
When the red cross sign is used as protective sign, it shall be able to be
identified from as far away as possible or from different direction; it shall
be lighted or decorated with the luminous body at night or when the visibility
is low.
Article 8 During an armed conflict, the following persons may use the
protective red cross signs:
(1) the medical personnel and staff member of the medical establishments
of the armed force;
(2) the medical personnel and staff member of the red cross society;
(3) the medical personnel and staff member of the international red cross
organization and foreign red cross organization approved by the State Council
or the Central Military Committee;
(4) the medical personnel and staff member in the military and civil
medical conveyance; or
(5) the personnel of volunteering relief body home and abroad approved by
the State Council or the Central Military Committee and the medical personnel
of civil medical establishments.
Article 9 During an armed conflict, the protective red cross signs may be
used by or on one of the following institution or organization and its
location, articles or medical conveyance:
(1) the medical establishments of the armed force;
(2) the red cross society taking part in the relief activity;
(3) the volunteering relief body and medical institution home and abroad
approved by the State Council or the Central Military Committee; or
(4) the international organization approved by the State Council or the
Central Military Committee.
Article 10 The person using protective red cross signs shall carry with
himself the identification certificate issued by the department with
authorization from the State Council or the Central Military Committee.
Article 11 The personnel and the location and its articles and medical
conveyance, of the medical establishments of the armed force, may use
protective red cross signs in peace time.
Chapter III Indicative Use of Red Cross Signs
Article 12 Indicative use of red cross signs means the indication of the
person or matter concerning the red cross activities.
Article 13 When the red cross sign is used as indicative sign, the name
or name abbreviation of the red cross society shall be accompanied under the
red cross sign and the red cross sign shall not be located on the top of the
building.
When the personnel or member of the red cross society and other relevant
personnel carry out their duties, they shall wear an armband of small size
marked with the red cross sign; when they do not carry out the duties, they
may wear a badge or brooch of small size on the breast marked with the red
cross sign.
Article 14 Any of the following persons may use the indicative red cross
signs:
(1) the staff member of the red cross society;
(2) the member of the red cross society; or
(3) youngsters member of the red cross society.
Article 15 The indicative red cross signs may be used in any of the
following places:
(1) the building used by the red cross society;
(2) the medical establishments belonging to the red cross society; or
(3) the places where the red cross society develops activities meeting
with its purpose.
Article 16 The indicative red cross signs may be used on any of the
following articles or conveyance:
(1) the badge, medal or insignia of the red cross society;
(2) the printed matters or propaganda material of the red cross society; or
(3) the first-aid or relief material and conveyance of the red cross
society.
Article 17 If indicative red cross signs are needed to be used exceeding
the extent described in these Provisions, approval shall be obtained from Head
Office of the Red Cross Society.
Chapter IV Prohibitive Use of Red Cross Signs
Article 18 The red cross signs shall not used:
(1) in the trademark or commercial advertisement;
(2) by those other than the red cross society or the medical
establishments of non-armed force;
(3) by medicine shop or veterinary station;
(4) in the goods package;
(5) in the mark of a company;
(6) in a project design or product design; or
(7) under other circumstances than those described in these Provisions
where the red cross signs may be used.
Chapter V Penalties
Article 19 To any of the following circumstances against these
Provisions, the red cross society shall be enpost_titled to dissuade it and demand
stopping use; if anyone refuses to stop use, the red cross society may submit
to the people’s government for ordering to stop use:
(1) where the indicative red cross signs are used by other person than the
staff member, member, or youngsters member of the red cross society;
(2) where the indicative red cross signs are used on or in the building
and other places which are not used by the red cross society;
(3) where the indicative red cross signs are used by the medical
establishments which do not belong to the red cross society;
(4) where the indicative red cross signs are used on the articles or
conveyance which do not belong to the red cross society; or
(5) under other circumstances to use the red cross signs against these
Provisions.
Article 20 Anyone who uses the red cross signs without authorization
against the provisions of Article 18 in these Provisions shall be ordered to
stop use, be confiscated with the illegal income and imposed upon a fine below
10,000 yuan by the people’s government at or above county level.
Article 21 Anyone who obstructs the staff member to carry out duties
according to the law shall be imposed upon administrative penalties for public
security or investigated for criminal responsibility according to the law.
Article 22 Any organization or individual from the armed force who
violates these Provisions shall be dealt with by the relevant military
department.
Chapter VI Supplementary Provisions
Article 23 If there is anything concerning the protective use of red
cross signs not covered in these Provisions, the relevant provisions of Geneva
Convention and its appended agreements shall apply.
Geneva Convention and its appended agreements described in the preceding
paragraph means the convention and agreements described in Article 27 of the
Law of the People’s Republic of China on Red Cross Society.
Article 24 These Provisions shall come into force as of the date of
promulgation.
ADMINISTRATION ORDINANCE ON DEVELOPMENT AND MANAGEMENT OF URBAN REAL ESTATE
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(Effective Date:1996.08.14–Ineffective Date:)
CHAPTER ONE GENERAL PROVISIONS CHAPTER TWO ENTERPRISES FOR THE DEVELOPMENT OF REAL ESTATE CHAPTER THREE REAL ESTATE DEVELOPMENT COSNTRUCTION Article 1 In order to standardize acts of development and management of urban real estate, to strengthen the supervision and administration Article 2 Development and management of real estate, as referred to in the present Ordinance, refer to acts of the construction of infrastructure Article 3 Development and management of real estate shall, in accordance with the principle of the unification of economic benefits, social Article 4 The construction administrative organ under the State Council shall be responsible for the supervision and administration of acts Organs of local people’s governments at or above the county level responsible for administration of development and management of In accordance with the provisions of laws and administrative regulations, organs of people’s governments at or above the county level
CHAPTER TWO ENTERPRISES FOR THE DEVELOPMENT OF REAL ESTATE Article 5 Besides complying with the requirements of establishment of enterprises stipulated in relevant laws and administrative regulations, (1) have registered capital of 1,000,000 yuan or more; (2)have 4 or more full-time technical personnel in the fields of real estate and construction engineering, who have obtained certificate In accordance with local situations, people’s governments of provinces, autonomous regions and municipalities directly under the state Article 6 When investing to establish real estate development enterprises, a foreign merchant shall, besides complying with the provisions Article 7 The establishment of real estate development enterprises shall apply to be registered with administrative organs for commerce and When examining application for registration of the establishment of real estate development enterprises, administrative organs for Article 8 Within 30 days after drawing management certificate, enterprises for real estate development shall put on record with the following (1) a copy of the management certificate; (2) the charter of the enterprise; (3) certificate for verification of capital; (4) ID of the legal representative of the enterprise; (5) cerficate of qualifications and contract of employment of professional technical personnel. Article 9 In accordance with the assets, professional technical personnel and achievements in development and management of real estate development
CHAPTER THREE REAL ESTATE DEVELOPMENT COSNTRUCTION Article 10 Real estate development projects shall be ascertained in accordance with the requirements of the overall plan for land use, annual Article 11 The ascertainment of real estate development projects shall, in accordance with the principle of integratition of the reconstruction Articel 12 The land for real estate development shall be obtained through remising; however, this shall not apply when it can be obtained Before the right to use land is remised or transferred, administrative organs responsible for urban planning and administrative organs (1) the essence, scale and duration of development of the project of real estate development; (2) the engineering requirements of urban planning; (3) the construction requirements concerning infrastructure and public utilities; (4) the defination of property rights after the infrastructure is constructed; (5) the requirements concerning the compensation and aftercare in relocation of the project. Article 13 The system of capital cash shall be set up in real estate development; the ratio of capital cash to total investment of the project Article 14 The development and construction of real estate development projects shall have overall arrangement in relevant infrastructure, which Article 15 Enterprises of real estate development shall carry out the development and construction of the project in accordance with the use Article 16 The real estate projects developed and constructed by enterprises for real estate development shall comply with the provisions of Real estate development enterprises shall be responsible for the quality of the real estate development projects developed and constructed Units of reconnaissance, design, construction and supervision shall bear corresponding responsibilities in accordance with the provisions Article 17 Real estate development projects shall not be delivered for use before they are completed and checked and accepted as qualified. After real estate development projects are completed, real estate development enterprises shall apply for check and acceptance after Article 18 On completion of group housing real estate projects such as housing districts, they shall be checked and accepted in accordance with (1) the circumstances of the implementation of the designing requirements of urban planning; (2) the circumstances of the construction of necessary infrastructure and public utilities as required by urban planning; (3) the circumstances of the check and acceptance of construction quality of separate projects; (4) the circumstances of the implementation of the plan of relocation; (5) the circumstances of the implementation of real estate administration. Group housing real estate development projects such as housing districts, which are developed in installments may be checked and accepted Article 19 Real estate development enterprises shall register in the pamphlet of real estate development projects the major affairs in the course
CHAPTER FOUR MANAGEMENT OF REAL ESTATE Article 20 The transfer of real estate development projects shall be in accordance with the requirements of Article 38 and Article 39 of Law Article 21 When transferring real estate development projects, the transferor and the transferee shall, within 30 days after the completion Articel 22 When real estate development enterprises transfer real estate development projects and the relocation and compensation Article 23 When selling commercial housing in advance, real estate development enterprises shall meet the following requirements: (1) have paid all the remuneration for assignment of the right to the use of land and obtained certificate of the the right to the (2) have certificate of construction project planning and certificate of construction; (3) calculated in accordance with the commercial housing provided for advance sale, the capital that has already been invested has (4) the registration for advance sale has been completed and the certificate of permission of advance sale of commercial housing has Article 24 When applying for registration of advance sale of commercial housing, enterprises of real estate development shall submit the following (1) the certifying materials as stipulated in Sections (1) to (3) of Article 23 of this Ordinance; (2) management certificate and certificate of the level of qualifications; (3) contract of construction; (4) ichnograph for separate stories of the commercial housing for advance sale; (5) plan for advance sale of commercial housing. Article 25 Administrative organs responsible for real estate development shall, within 10 days after receiving application for advance sale Article 26 Real estate development enterprises shall not engage in false advertising activities; the serial number of the certifying documents Article 27 When selling commercial housing in advance, enterprises for real estate development shall show to persons purchasing in advance the Enterprises for real estate development shall, within 30 days after the signing of contracts for advance sales of commercial housing, Article 28 When selling in advance commercial housing, the parties shall sign a written contract, which shall stipulate the area of construction Articel 29 When assigning intermediary institutions to sell commercial housing, enterprises for real estate development shall issue Article 30 The prices of the transfer of real estate development projects and of the sales of commercial housing shall be negotiated and agreed Article 31 When delivering commercial housing for use, enterprises for real estate planning shall issue letter of garuatee of quality and user’s Letter of garuatee of quality shall list the quality level as checked and examined by unit of supervision of the quality of the project, If, within the period of garuanteed repairing, the original utility of the housing is affected and damages are incurred upon the buyer Article 32 After the commercial housing is delivered for use and the buyer believes that the quality of the main structure doesn’t meet requirements, Article 33 The buyer of commercial housing sold in advance shall, within 90 days after the delivery of commercial housing for use, complete
Article 34 Those who engage in real estate development on themselves without obtaining management certificate in contravention to the present Article 35 Those who engage in real estate development without obtaining certificate of level of qualification or beyond their certificates Article 36 Those who deliver housing for use before it’s checked and accepted in contravention to the provisions of the present Ordinance shall Article 37 Those who deliver for use the housing that doesn’t pass check and acceptance in contravention to the provisions of the present Ordinance Article 38 Those who transfer real estate development projects on their own in contravention to the provisions of the present Ordinance shall Article 39 Those who sell commercial housing in advance on their own in contravention to the provisions of the present Ordinance shall be ordered Article 40 If, in the supervision and administration of real estate development and management, employees with state organs neglect their duty,
CHAPTER SIX MISCELLANEOUS PROVISIONS Article 41 For the development and management of real estate on state owned land outside urban planning areas , the supervision and administration Article 42 Lands that are owned by collectives within urban planning areas couldnt be used in real estate development and management before Article 43 The present Ordinance shall be effective upon the date of promulgation.
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PROCEDURES OF SHANGHAI MUNICIPALITY ON THE ADMINISTRATION OF TELECOMMUNICATIONS SERVICES
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CHAPTER I GENERAL PROVISIONS CHAPTER II ADMINISTRATION OF NATURAL ENDOWMENTS CHAPTER III MANAGEMENT OF THE BUSINESS OPERATIONS CHAPTER IV LEGAL LIABILITIES CHAPTER V SUPPLEMENTARY PROVISIONS Article 1 (Purpose and Basis) The present Procedures are formulated in accordance with the relevant State stipulations and the “Provisions of Shanghai Municipality Article 2 (Definition) The telecommunications services specified in the present procedures refers to the various kinds of services, based on the customers’ Article 3 (Scope of Application) The present Procedures apply to the business operations of telecommunications services and their administration in this Municipality. Article 4 (Basic Principles) Business operations of telecommunication services shall be carried out in compliance with the following principles: monopolization Article 5 (Competent Departments and Coordinated Departments) The Post and Telecommunications Administrative Bureau of Shanghai Municipality (hereinafter referred to as “Municipal Post and Telecommunications The departments of industry and commerce, public security, price control, customs and radio transmission administration, shall, in
CHAPTER II ADMINISTRATION OF NATURAL ENDOWMENTS Article 6 (Clarification of Telecommunications Services) The telecommunication services shall be divided into the monopolized sector and the free-competition sector. For those that fall under Article 7 (Scope of the Monopolized Sector) The following telecommunications services shall be monopolized by State- approved business operators of telecommunications services: 1. Telephone services, including local calls, long distance calls within the country, international calls, etc.; 2. Telegraph services, including telegraphs within the country, international telegraphs, fax services, etc.; 3. Other telecommunications services monopolized with the approval of the State. Article 8 (Scope of Permit System in Business Operations) For the following telecommunications services, a permit system shall be instituted: 1. Paging; 2. 800 MHz concentrated telephones; 3. 450 MHz mobile telephone communication; 4. Telecommunications through very-small satellite ground stations within the country; 5. Other telecommunications services to be run, with the approval of the State, under a permit system. Article 9 (The Scope of Reporting System in Business Operation) For the following telecommunications services, a system of application and official approval shall be instituted: 1. Telephone information services; 2. Computer information services; 3. Electronic mailboxes; 4. Electronic data interchange; 5. Visuals; 6. Other telecommunications services to be run, with the approval of the State, under a system of application and official approval. Article 10 (Qualifications for Application of Business Operation) One who applies for permission to do business in telecommunication shall have the following qualifications: 1. State-owned or collective-owned enterprises with corporate capacity or an enterprise whose interest is controlled by it; 2. Having technical and managerial personnel required for such business operations; 3. Having a fixed place for its business operations and the necessary facilities; 4. Having funds that satisfy the statutory requirements and are commensurate with the scope of its business operations; 5. Having telecommunication equipment that is connected with the public telecommunication networks, and that meets the State’s technical 6. Having the capability to supply long-term services for customers; 7. Having other qualifications required by the State. When organizations or individuals from abroad or foreign invested enterprises in China intend to do, or participate in, the business Article 11 (Materials Required When Submitting the Application) When applying for permission to do business in telecommunication, the applicant shall submit the following materials to the Municipal 1. Application for permission to do business in telecommunication; 2. List of names of the legal representative and chief technicians and executive officers; 3. Certificates regarding the place of business operations, relevant facilities and equipment; 4. Feasibility study report for doing business in telecommunications services, which covers the types of business scope of services, Article 12 (Application and Approval in Connection with the Monopolized Sector of Telecommunications Services) Application and approval in connection with the monopolized sector of telecommunication services shall follow the relevant State provisions. Article 13 (Application for Approval in Connection with the Free- Competition Sector of Telecommunications Services) One who is to be engaged in business operations that fall under the free-competition sector in this Municipality shall submit its Article 14 (Issuance of Permit) In connection with telecommunications services that need a permit, the Municipal Post and Telecommunications Bureau shall decide the Article 15 (Examination and Approval for Telecommunication Services That Need a Permit) The Municipal Post and Telecommunications Bureau shall examine the application within 30 days after it accepts the application regarding Permit may be issued by means of bids-invitation. The Municipal Post and Telecommunications Bureau shall issue the permit to bid winners An applicant shall establish an operative service system within 12 months after receiving the permit. Article 16 (Examination and Approval in Connection with Telecommunication Operations that Need Official Approval) The Municipal Post and Telecommunications Bureau shall complete the examination procedures within 30 days after receiving all application Article 17 (Other Examination and Approval Procedures) Those who have been permitted to do business in telecommunications shall bring their permits or official approvals to the administrative Article 18 (Filing for the Record) Those who have been officially approved by the Ministry of Post and Telecommunications to do interprovince or intercity business in Article 19 (Entrustment of the Monopolized Sector) Business operators in the monopolized sector of telecommunications may entrust qualified entities or individuals to do part of the Article 20 (Term, Renewal, Alteration and Termination of the Permit) The term of the permit shall be five years. The business operators who desires to continue their business operations after the expiration of the term of the permit shall go to When it is necessary to alter the scope of business during the term of the permit, the business operator shall go to the Municipal When it is necessary to have an early termination of the business operations during the term of the permit, the business operator The procedures for the examination and approval of renewal, alteration and termination of the permit shall be completed with reference Article 21 (Requirement for the Administration of the Permit and Official Approval) The permits and official approval documents shall not be forged, altered, lent or transferred to others.
CHAPTER III MANAGEMENT OF THE BUSINESS OPERATIONS Article 22 (Check Before the Operations) Upon completion of preparation for business operations, the business operator of telecommunications services shall notify the Municipal Article 23 (Standards for Telecommunications Equipment) The exchange equipment, transmission equipment, terminals and networks used by business operators of telecommunications shall satisfy Business operators of telecommunications shall not use, accept or sell telecommunication equipment that do not have a certificate Article 24 (Supply of Basic Lines and Equipment) Business operators of the monopolized sector of telecommunications shall, in the light of the situation of supply and demand, and The term of supply of the relay equipment and lines mentioned in the preceding paragraph and matters relevant thereto shall be separately Article 25 (Requirements for Network Operations) Business operators of telecommunications shall establish a necessary maintenance system for the communication lines and equipment Article 26 (Requirements for Business Operations) Business operators of telecommunications shall comply with the following requirements in their business activities: 1. Act in accordance with the business rules and technical procedures prescribed by the Ministry of Post and Telecommunications and 2. Make known, at the place of business, to the public the types of telecommunications services, service standards, rates of service 3. Set up a special service center and surveillance telephone number to give advice to, and receive complaints from, the customers; 4. Guarantee the quality of communication lines and equipment provided to the customers, and make repairs or renovations upon receiving Article 27 (Prohibitions) Business operators of telecommunications and the employees thereof are prohibited from doing the following: 1. Providing, without proper consent, information to others regarding the customer’s use of telecommunication services; 2. Cutting off the customer’s telecommunication or delaying the rendition of services without justifiable reasons; 3. Stopping, without approval, the business operations of telecommunications which have been approved; 4. Imposing restrictions on the use of telecommunications services or on the purchase of telecommunication equipment, or coercing 5. Providing information to customers against their will; 6. Using advertisements containing false information or using other inappropriate means to promote publicity or depreciate other business 7. Committing other acts that will impair the rights and interests of the customers; Article 28 (Suspension of Services) When the customer does one of the following, the business operator of telecommunications may request him to rectify his behavior, 1. Using telecommunication equipment that does not have the newtworking certificate issued by the Ministry of Post and Telecommunications 2. Delaying payment of service fees or refusing to pay it; 3. Using telecommunications services to endanger national security, jeopardize social order or impair the legitimate rights and interests 4. Other acts that may hamper the business operations of telecommunications or the management thereof. When the competent authorities lawfully request the business operator of telecommunications to suspend the rendition of telecommunication Article 29 (Service Charges) Business operators of telecommunications shall strictly comply with the uniform rates of service charges set by the State. With respect Business operators of telecommunications shall comply with the relevant stipulations of the Municipal Post and Telecommunication Bureau Article 30 (Telecommunications Administration Fee) Business operators of telecommunications shall pay administration fee to the Municipal Post and Telecommunications Bureau. The rates For a delay in the payment of the telecommunication administration fee, a penalty of 0.2% for each day of delay shall be imposed. Article 31 (Emergency Adjustment of Telecommunications Network) In the event of emergencies, the Municipal Post and Telecommunications Bureau may, with the approval of the municipal government, Article 32 (Administrative Inspection) The Municipal Post and Telecommunications Bureau is enpost_titled to supervise and inspect the business activities of telecommunication
Article 33 (Administrative Punishment) Units or individuals who violate the present Procedures shall be subject to the punishment by the Municipal Post and Telecommunications 1. Those who engage in business operations of telecommunications without official permission shall be enjoined from continuing their 2. Those who forge, alter, borrow or transfer the permit or the official approval shall be penalized by confiscation of their unlawful 3. Business operators of telecommunications who continue their operations without a renewal after their permit expires, or alter, 4. Those who takes the liberty to start business operations of telecommunications without the check or fail to pass the check, or 5. Business operators of telecommunications, who use telecommunications equipment that does not conform to the relevant technical 6. Those who suspend or terminate their business operations of telecommunications without authorization or justifiable reasons, who 7. Business operators of telecommunications who provide telecommunications services that fall below the set standards shall be ordered 8. Business operators of telecommunications that fail to make known, in accordance with the provisions, to the public the types of 9. Business operators of telecommunications who accept or sell equipment that does not have the networking certificate issued by the 10. Business operators of telecommunications who do not cooperate with the competent authorities in lawfully suspending the telecommunication If cases involving violation of the present Procedures shall be punished, according to law, by other administrative departments, they Article 34 (Civil Liability) Business operators of telecommunication who violate the present procedures and cause a loss to customers shall be liable to compensate Article 35 (Administrative Reconsideration and Legal Action) If the party concerned finds unacceptable the specific administrative act of the Municipal Post and Telecommunications Bureau, it The administrative department that takes the administrative act may, in accordance with the provisions of “Administrative Litigation
CHAPTER V SUPPLEMENTARY PROVISIONS Article 36 (Application and Interpretation) The Municipal Post and Telecommunications Bureau shall be responsible for the interpretation with respect to the application of the Article 37 (Date of Implementation) The present procedures shall become effective on January 1,1996.
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CRIMINAL PROCEDURE LAW
| Category | LITIGATION | Organ of Promulgation | The National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1996-03-17 | Effective Date | 1997-01-01 |
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Criminal Procedure Law of the People’s Republic of China [1996] |
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Contents
Chapter I Aim and Basic Principles
Chapter II Jurisdiction
Chapter III Withdrawal
Chapter IV Defense and Procuration
Chapter V Evidence
Chapter VI Compulsory Measures
Chapter VII Incidental Civil Actions
Chapter VIII Time Periods and Service
Chapter IX Other Provisions
Chapter I Filing a Case
Chapter II Investigation
Chapter III Initiation of Public Prosecution
Chapter I Trial Organizations
Chapter II Procedure of First Instance
Chapter III Procedure of Second Instance
Chapter IV Procedure for Review of Death Sentences
Chapter V Procedure for Trial Supervision
Supplementary Provisions
(Adopted at the Second Session of the Fifth National People’s Congress on
July 1, 1979, revised in accordance with the Decision on Amendments of the
Criminal Procedure Law of the People’s Republic of China adopted at the
Fourth Session of the Eighth National People’s Congress on March 17, 1996)
Contents
Part One General Provisions
Chapter I Aim and Basic Principles
Chapter II Jurisdiction
Chapter III Withdrawal
Chapter IV Defense and Procuration
Chapter V Evidence
Chapter VI Compulsory Measures
Chapter VII Incidental Civil Actions
Chapter VIII Time Periods and Service
Chapter IX Other Provisions
Part Two Filing a Case, Investigation and Initiation of Public Prosecution
Chapter I Filing a Case
Chapter II Investigation
Section 1 General Provisions
Section 2 Interrogation of the Criminal Suspect
Section 3 Questioning of the Witnesses
Section 4 Inquest and Examination
Section 5 Search
Section 6 Seizure of Material Evidence and Documentary Evidence
Section 7 Expert Evaluation
Section 8 Wanted Orders
Section 9 Conclusion of Investigation
Section 10 Investigation of Cases Directly Accepted by People’s
Procuratorates
Chapter III Initiation of Public Prosecution
Part Three Trial
Chapter I Trial Organizations
Chapter II Procedure of First Instance
Section 1 Cases of Public Prosecution
Section 2 Cases of Private Prosecution
Section 3 Summary Procedure
Chapter III Procedure of Second Instance
Chapter IV Procedure for Review of Death Sentences
Chapter V Procedure for Trial Supervision
Part Four Execution
Supplementary Provisions
Part One General Provisions
Chapter I Aim and Basic Principles
Article 1 This Law is enacted in accordance with the Constitution to
guarantee the correct implementation of the Criminal Law, punish crimes,
protect the people, ensure the national security and social public security
and maintain the social order of the socialist society.
Article 2 The Criminal Procedure Law makes it the objective to ensure
the accurate and timely ascertainment through investigation of the criminal
facts, the proper application of the law and punishments of criminals, to
protect innocent people from undergoing criminal prosecution, to educate
citizens to observe law voluntarily and take an active part in the struggle
against criminal acts, to uphold the socialist legal system, to protect the
personal rights, property rights, democratic rights and other rights of
citizens, and to ensure the smooth progress of socialist construction.
Article 3 The public security organs are responsible for investigation,
detention, execution of arrests and preliminary examination. The people’s
procuratorates are responsible for conducting procuratorial work, approving
arrests, investigating cases directly accepted by the procuratorates and
initiating public prosecutions. The people’s courts are responsible for
adjudication. Any other organs, organizations and individuals have no right
to exercise such power, unless otherwise provided by law.
In conducting criminal proceedings, the people’s courts, the people’s
procuratorates and the public security organs must strictly observe this Law
and any relevant stipulations of other laws.
Article 4 The state security organs shall, according to the stipulations
of the law, handle criminal cases endangering the state security and
exercise the functions and power identical with those of the public security
organs.
Article 5 The people’s courts shall, according to the stipulations of the
law, exercise independently judicial power and the people’s procuratorates
shall, according to the stipulations of the law, exercise independently
procuratorial power, both of which shall be free of any interference by
administrative organs, social organizations and individuals.
Article 6 In conducting criminal proceedings, the people’s courts, the
people’s procuratorates and the public security organs must rely on the
masses, base themselves on facts and take the law as the criterion. The law
applies equally to all citizens and no privilege whatsoever is permissible
before the law.
Article 7 In conducting criminal proceedings, the people’s courts, the
people’s procuratorates and the public security organs shall divide the
responsibilities, coordinate their efforts and check each other to ensure the
correct and effective enforcement of the law.
Article 8 The people’s procuratorates shall, according to law, exercise
legal supervision over criminal lawsuits.
Article 9 Citizens of all nationalities shall have the right to use
their native spoken and written languages in court proceedings. The people’s
courts, the people’s procuratorates and the public security organs shall
provide interpretations or translations for any party to the court proceedings
who is not familiar with the spoken or written language commonly used in the
locality.
Where people of a minority nationality live in a concentrated community
or where a number of nationalities live together in one area, court hearings
shall be conducted in the spoken language commonly used in the locality, and
judgments, notices and other documents shall be issued in the written
language commonly used in the locality.
Article 10 In trying cases, the people’s courts shall apply the system
whereby the second instance is final.
Article 11 Cases in the people’s courts shall be heard in public, unless
otherwise provided by this Law. The accused shall have the right to defense,
and the people’s courts shall have the duty to guarantee his/her defense.
Article 12 No person shall be held guilty in absence of a judgment
rendered by the people’s court according to law.
Article 13 In trying cases, the people’s courts shall apply the system
of people’s assessors taking part in trials in accordance with this Law.
Article 14 The people’s courts, the people’s procuratorates and the
public security organs shall safeguard the procedural rights to which
participants in proceedings are enpost_titled according to law.
In cases where a minor under the age of 18 commits a crime, the legal
representative of the criminal suspect or the accused may be notified to be
present at the time of interrogation and trial.
Participants in proceedings shall have the right to file charges against
judicial, procuratorial and investigatory personnel whose acts infringe on
their citizens’ procedural rights or subject their persons to indignities.
Article 15 Subject to one of the following instances, no criminal
responsibility shall be investigated, and if investigation has been
undertaken, the case shall be dismissed, or prosecution shall not be
initiated, or the hearing shall be terminated, or innocence shall be
declared:
(1) If an act is obviously of minor importance, causing no serious harm,
and is therefore not deemed a crime;
(2) If the limitation period for criminal prosecution has expired;
(3) If an exemption of criminal punishment has been granted in a special
amnesty decree;
(4) If the crime is to be handled only upon complaint according to the
Criminal Law, but there has been no complaint or the complaint has been
withdrawn;
(5) If the criminal suspect or the accused is deceased; or
(6) Other instances for which laws provide an exemption from
investigation of criminal responsibility.
Article 16 Provisions of this Law shall apply to foreigners who commit
crimes for which criminal responsibility should be investigated.
If foreigners with diplomatic privileges and immunities commit crimes for
which criminal responsibility should be investigated, those cases shall be
resolved through diplomatic channels.
Article 17 The judicial organs of the country and their counterparts of
foreign countries may mutually request judicial assistance in criminal cases,
in accordance with the international treaties concluded or acceded to by the
People’s Republic of China, or according to reciprocal principle.
Chapter II Jurisdiction
Article 18 Public security organs shall conduct investigations into
criminal cases unless otherwise stipulated by law.
People’s procuratorates shall file cases and conduct investigations into
crimes regarding corruption, crimes regarding dereliction of duty committed
by public employees of the state, crimes regarding infringement on the
personal rights of, and on the democratic rights of, citizens committed by
staff personnel of state organizations by abusing their authority in respect
of illegal detention, extortion by torture of confession, retaliation and
false charges, and illegal rummage. Other cases involving serious crimes
committed by staff personnel of state organizations by abusing their
authority, may be filed with and investigated by people’s procuratorates,
subject to the decision made by the people’s procuratorate at provincial
level or above, when the people’s procuratorate concerned is required to
directly accept the case.
Cases of private prosecution shall be accepted directly by the people’s
courts.
Article 19 The basic people’s courts shall have jurisdiction as courts
of first instance over ordinary criminal cases; however, those cases which
fall under the jurisdiction of the people’s courts at higher levels as
stipulated by this Law shall be exceptions.
Article 20 The intermediate people’s courts shall have jurisdiction as
courts of first instance over the following criminal cases:
(1) Counter-revolutionary cases and cases endangering the national
security;
(2) Ordinary criminal cases possibly resulting in a judgment of life
imprisonment or death penalty; and
(3) Criminal cases involving crimes committed by foreigners.
Article 21 The higher people’s courts shall have jurisdiction as courts
of first instance over major criminal cases that pertain to an entire
province (or municipality directly under the Central Government, or
autonomous region).
Article 22 The Supreme People’s Court shall have jurisdiction as the
court of first instance over major criminal cases that pertain to the whole
nation.
Article 23 When necessary, people’s courts at higher levels may try
criminal cases over which people’s courts at lower levels have jurisdiction
as courts of first instance. If a people’s court at a lower level considers
the circumstances of a criminal case in the first instance to be major or
complex and to necessitate a trial by a people’s court at a higher level, it
may request that the case be transferred to the people’s court at the next
higher level for trial.
Article 24 A criminal case shall be under the jurisdiction of the
people’s court in the place where the crime was committed. If it is more
appropriate for the case to be tried by the people’s court in the place where
the accused resides, then that court may have jurisdiction over the case.
Article 25 When two or more people’s courts at the same level have
jurisdiction over a case, it shall be tried by the people’s court that first
accepted it. When necessary the case may be transferred for trial to the
people’s court in the principal place where the crime was committed.
Article 26 A people’s court at a higher level may instruct a people’s
court at a lower level to try a case over which jurisdiction is unclear and
may also instruct a people’s court at a lower level to transfer the case to
another people’s court for trial.
Article 27 The jurisdiction over cases in special people’s courts shall
be stipulated separately.
Chapter III Withdrawal
Article 28 In any of the following situations, a member of the judicial,
procuratorial or investigatory personnel shall voluntarily withdraw, and the
parties to the case and their legal representatives shall have the right to
demand his withdrawal:
(1) If he/she is a party or a near relative of a party to the case;
(2) If he/she or a near relative of his/her has an interest in the case;
(3) If he/she has served as a witness, expert witness or defender in the
current case or has represented a party in an incidental civil action; or
(4) If he/she has any other relations with a party to the case that could
affect the impartial handling of the case.
Article 29 Judicial, procuratorial and investigatory personnel shall not
be allowed to accept invitation to entertainment or gifts by the party and
the persons entrusted by him/her, or shall not be allowed to meet, in
violation of stipulations, the party and the persons entrusted by him/her.
Judicial personnel, procuratorial personnel and investigatory personnel
who have violated the provisions in the preceding paragraph, shall according
to law be investigated into the legal responsibility. The party and his/her
legal representative have the right to apply for the withdrawal of the
personnel concerned.
Article 30 The withdrawal of judicial, procuratorial and investigatory
personnel shall be determined respectively by the president of the court, the
chief procurator, and the head of a public security organ; the withdrawal of
the president of the court shall be determined by the court’s judicial
committee; and the withdrawal of the chief procurator or the head of a public
security organ shall be determined by the procuratorial committee of the
people’s procuratorate at the corresponding level.
A member of the investigatory personnel may not suspend investigation of
a case before a decision is made on his/her withdrawal.
In response to the decision on rejection of a party’s application for
withdrawal, the party and his/her legal representative may apply for a final
reconsideration.
Article 31 The provisions of Articles 28, 29 and 30 of this Law shall
also apply to court clerks, interpreters and expert witnesses.
Chapter IV Defense and Procuration
Article 32 In addition to the exercise by himself/herself of the right to
defense, the criminal suspect or the accused may entrust one or two persons
as his/her defenders, and following persons may be entrusted to be defenders:
(1) Lawyers;
(2) Persons recommended by a people’s organization or the unit by which
the criminal suspect or the accused is employed; and
(3) Guardians, relatives and friends of the criminal suspect or the
accused.
The persons undergoing criminal punishments or being deprived of or
restrained from personal liberty according to law shall not act as defenders.
Article 33 The right of a criminal suspect to entrust defenders in
public prosecution accrues on the day when the case is submitted for
examination and prosecution. The accused in a private prosecution has the
right to entrust defenders at any time.
The people’s procuratorate shall, within three days from the day of
receiving the file of the case submitted for examination and prosecution,
inform the criminal suspect of the right to entrust defenders. The people’s
court shall, within three days from the day of accepting the private
prosecution, inform the accused of the right to entrust defenders.
Article 34 In case a public prosecutor appears in court to conduct a
public prosecution while the accused has not entrusted his/her defenders on
account of economic difficulty or for other reasons, the people’s court may
designate a lawyer duty-bound to provide legal assistance to defend him/her.
In case the accused who is blind, deaf or mute or who is a minor, does
not entrust a defender, the people’s court shall designate a lawyer
duty-bound to provide legal assistance to defend him/her.
In case the accused who may possibly be sentenced to death penalty
does not entrust a defender, the people’s court shall designate a lawyer
duty-bound to provide legal assistance to defend him/her.
Article 35 The responsibility of a defender shall be to present,
according to the facts and the law, materials and opinions proving the
innocence of the criminal suspect or the accused, the pettiness of his/her
crime and the need for a mitigated punishment or exemption from criminal
responsibility, thus safeguarding the lawful rights and interests of the
criminal suspect or the accused.
Article 36 The defense lawyer may, from the day of the examination by
the people’s procuratorate of the prosecution case, consult, make extracts
from and reproduce the litigation documents, documents of technical
examination, and may meet and correspond with the criminal suspect in custody.
Other defenders with the permission of the people’s procuratorate may consult,
make extracts from and reproduce the afore-said file documents, and may meet
and correspond with the criminal suspect in custody.
The defense lawyer may, from the day of accepting the case by the people’s
court, consult, make extracts from and reproduce the file documents on
criminal facts accused of, and may meet and correspond with the accused in
custody. Other defenders with the permission of the people’s court may
consult, make extracts from and reproduce the afore-said file documents, and
meet and correspond with the accused in custody.
Article 37 The defense lawyer may, with the consent of the witnesses
or other relevant units and individuals, acquire information related to the
case from them, or may apply to the people’s procuratorate, or the people’s
court for collecting or obtaining by order the evidence, or apply to the
people’s court for notifying witnesses to testify in the court.
The defense lawyer, with the permission of the people’s procuratorate or
people’s court, may with the consent of the victim, his/her near relatives
or the witnesses provided by the victim, acquire information related to the
case from them.
Article 38 The defense lawyer and other defenders shall not assist
the criminal suspects or the accused to conceal, destroy, frame up evidence
or act to collude with each other’s confessions, and shall not threaten,
entice witnesses to make alterations in testimony or give false testimony, and
shall not commit any acts which may cause interference in prosecution
activities conducted by judicial organs.
Legal responsibility shall be investigated into for violating the
provisions of the preceding paragraph.
Article 39 During a trial, the accused may refuse to have his/her
defender continue to defend him/her and may entrust his/her defense to
another defender.
Article 40 The victim and his/her legal representative or near relatives
in public prosecution, the parties and their legal representatives in an
incidental civil action, have the right to entrust agents ad litem from the
day when the case is submitted for examination and prosecution. The
prosecutor and his/her legal representative in private prosecution, the
parties and their legal representatives in an incidental civil action have
the right to entrust agents ad litem at any time.
The people’s procuratorates shall, within three days from the day of
receiving the file of the case submitted for examination and prosecution,
inform the victim and his/her legal representative or near relatives, the
parties and their legal representatives in an incidental civil action of the
right to entrust agents ad litem. The people’s courts shall, within three
days from the day of accepting a private prosecution, inform the prosecutor
and his/her legal representative, the parties and their legal representatives
in an incidental civil action of the right to entrust agents ad litem.
Article 41 Agents ad litem shall be entrusted by reference to the
stipulations of Article 32 of this Law.
Chapter V Evidence
Article 42 All facts that prove the true circumstances of a case shall
be evidence.
There shall be the following six categories of evidences:
(1) material evidence and documentary evidence;
(2) testimony of witnesses;
(3) statements of victims;
(4) statements and exculpation of criminal suspects or the accused;
(5) expert conclusions;
(6) records of inquests and examination; and
(7) video and audio materials.
Any of the above evidence must be verified before it can be used as the
basis for deciding cases.
Article 43 Judicial, procuratorial and investigatory personnel must, in
accordance with the legally prescribed process, collect various kinds of
evidence that can prove the guilt or innocence of the criminal suspect or the
accused and the gravity of his/her crime. It shall be strictly forbidden to
extort confessions by torture and to collect evidence by threat, enticement,
deceit or other unlawful means. Conditions must be guaranteed for all
citizens who are involved in a case or who have information about the
circumstances of a case to objectively and fully furnish evidence and, except
in special circumstances, they may be brought in to help the investigation.
Article 44 The public security organ’s request for approval of arrest,
the people’s procuratorate’s bills of prosecution and the people’s court’s
written judgments must be faithful to the facts. The responsibility of anyone
who intentionally conceals the facts shall be investigated.
Article 45 The people’s courts, the people’s procuratorates and the
public security organs are empowered to collect, obtain by order evidence
from relevant units and individuals. The relevant units and individuals shall
furnish the true evidence.
Evidence involving state secrets shall be kept confidential.
Anyone that falsifies, conceals or destroys evidence, regardless of which
side of a case he/she belongs to, must be investigated under the law.
Article 46 In the decision of all cases, stress shall be laid on
evidence, investigation and study; credence shall not be readily given to
oral statements. The accused cannot be found guilty and sentenced to a
criminal punishment if there is only his/her statement but no evidence; the
accused may be found guilty and sentenced to a criminal punishment if
evidence is sufficient and reliable, even without his/her statement.
Article 47 The testimony of a witness may be used as a basis in deciding
a case only after the witness has been questioned and cross-examined in the
courtroom by both sides, that is, the public prosecutor and victim as well as
the accused and defenders, and after the testimonies of the witnesses on
all sides have been heard and verified. If a court discovers through
investigation that a witness has intentionally given false testimony or
concealed criminal evidence, it shall handle the matter in accordance with
the law.
Article 48 All those who have information about a case shall have the
duty to testify.
Physically or mentally handicapped persons or minors who cannot
distinguish right from wrong or cannot properly express themselves shall not
be qualified as witnesses.
Article 49 The people’s courts, people’s procuratorates and public
security organs shall guarantee the safety of witnesses and their near
relatives.
Criminal responsibility shall be investigated according to law for
menace, humiliation, beating, retaliation done to witnesses and their near
relatives in case of a crime established; and if the seriousness is not
enough for criminal punishments, an administrative penalty for public
security shall be imposed according to law.
Chapter VI Compulsory Measures
Article 50 The people’s courts, the people’s procuratorates and the
public security organs may, according to the circumstances of a case, summon
by warrant the criminal suspect or the accused, or order him/her to be bailed
out for summons or reside under surveillance.
Article 51 The people’s courts, people’s procuratorates and public
security organs may allow a criminal suspect or the accused to be bailed out
for summons or reside under surveillance, who is subjected to one of the
following conditions:
(1) Being possibly sentenced to surveillance, criminal detention or
incidental punishment independently applicable; or
(2) Being possibly sentenced to a punishment not less than fixed-term
imprisonment, but allowing him/her to be out on bail or reside under
surveillance may not possibly cause danger to the society.
Bail out for summons and reside under surveillance
CIRCULAR OF THE STATE ADMINISTRATION OF FOREIGN EXCHANGE ON SOME ISSUES CONCERNING FOREIGN EXCHANGE MARKET AFTER ENTERPRISES WITH FOREIGN INVESTMENT IMPLEMENTED BANKING FOREIGN EXCHANGE SETTLEMENT AND SALE
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The State Administration of Foreign Exchange Circular of the State Administration of Foreign Exchange on Some Issues Concerning Foreign Exchange Market After Enterprises with HuiGuoHanZi [1996] No.183 June 28, 1996 Branches of the State Administration of Foreign Exchange (SAFE) in all provinces, autonomous regions, municipalities directly under In order to ensure the smooth operation of the settlement and sale of foreign exchange of enterprises with foreign investment with 1. The issues concerning the foreign exchange swap business: (1) Enterprises with foreign investment can buy or sell foreign exchange through the designated foreign exchange banks or through local (2) All levels of foreign exchange swap centers or the financial institutions as the members of China Foreign Exchange Trading System a. For the foreign exchange sale application, it should be differentiated between the foreign exchange settlement account and the foreign b. For the foreign exchange purchase application, it should be conducted according to the following rules: For the current account foreign exchange demand, the enterprises should hold corresponding valid documents and commercial invoices For the capital account foreign exchange demand, the enterprises should hold corresponding documents and approval of the SAFE respectively c. When the swap centers or entrusted financial institutions conduct foreign exchange transactions, they should indicate the trade volume 2. The settlement time of the foreign exchange market The settlement time of foreign exchange transactions on the national inter-bank foreign exchange market adopts the T+1 matter. According 3. The band of the inter-bank foreign exchange market and the bank quoted rate The People’s Bank of China shall continue to announce the daily middle exchange rate for the Renminbi against the U.S. dollar, the (1) The movement of the exchange rate of the Renminbi against the U.S. dollar in the inter-bank foreign exchange market is limited to (2) When the designated foreign exchange banks formulate the quoted exchange rate of the Renminbi against the U.S. dollar, the buying 4. The circular shall entr into force as of the issuing date. |
The State Administration of Foreign Exchange
1996-06-28
DECISION OF THE NATIONAL PEOPLE’S CONGRESS ON VESTING THE PEOPLE’S CONGRESSES AND THEIR STANDING COMMITTEES AND THE PEOPLE’S GOVERNMENTS OF SHANTOU CITY AND ZHUHAI CITY THE POWER TO MAKE REGULATIONS AND RULES RESPECTIVELY FOR IMPLEMENTATION WITHIN THEIR SPECIAL ECONOMIC ZONES
| Category | SPECIAL ECONOMIC ZONES AND COASTAL ECONOMIC DEVELOPMENT ZONES | Organ of Promulgation | The National People’s Congress | Status of Effect | In Force |
| Date of Promulgation | 1996-03-17 | Effective Date | 1996-03-17 |
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Decision of the National People’s Congress on Vesting the People’s Congresses and Their Standing Committees and the People’s Governments |
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(Adopted at the Fourth Session of the Eighth National People’s Congress on
March 17, 1996)
The Fourth Session of the Eighth National People’s Congress hereby decides
that the people’s congresses and their standing committees of Shantou City and
Zhuhai City be vested with the power to, in light of the individual
circumstances and practical needs of their special economic zones and in
accordance with stipulations of the Constitution and the basic principles of
the laws and regulations, make regulations which are to be implemented within
the respective special economic zones of Shantou City and Zhuhai City and
submitted to the Standing Committee of the National People’s Congress, the
State Council and the Standing Committee of the People’s Congress of Guangdong
Province for the record; that the people’s governments of Shantou City and
Zhuhai City be vested with the power to make rules for implementation within
the special economic zones of Shantou City and Zhuhai City respectively.
LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON ADMINISTRATIVE PUNISHMENTS
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The National People’s Congress Order of the President of the People’s Republic of China No.63 The Law of the People’s Republic of China on Administrative Punishments, adopted at the Fourth Session of the Eighth National People’s President of the People’s Republic of China: Jiang Zemin March 17, 1996 Law of the People’s Republic of China on Administrative Punishments ContentsChapter I General Provisions Chapter II Classification and Establishment of Administrative Punishments Chapter III Organs for Implementing Administrative Punishments Chapter IV Jurisdiction and Application of Administrative Punishments Chapter V Decision on Administrative Punishments Section 1 Summary Procedure Section 2 General Procedure Section 3 Hearing Procedure Chapter VI Execution of Administrative Punishments Chapter VII Legal Responsibility Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted in pursuance of the Constitution to regulate the establishment and implementation of administrative punishments, Article 2 This Law applies to the establishment and implementation of administrative punishments. Article 3 Administrative punishments which shall be imposed on citizens, legal persons or other organizations for the acts committed in violation Administrative punishments shall be null and void, if they are inflicted without legal basis or without the observation of the legal Article 4 Administrative punishments shall abide by the principles of being fair and just and open to the public. The establishment and implementation of administrative punishments must take facts as the base and correspond to the facts, nature Stipulations on imposing administrative punishments for illegal acts must be promulgated and if not, shall not serve as the legal Article 5 Implementing administrative punishments and checking illegal acts shall adhere to the combination of punishments and education, in Article 6 Citizens, legal persons or other organizations have the right to state their cases and defend themselves in respect of the administrative Citizens, legal persons or other organizations who have sustained damage on account of administrative punishments imposed on them Article 7 Citizens, legal persons or other organizations, being imposed on administrative punishments for illegal acts, who have thereby caused In case illegal act has constituted a crime, criminal responsibility shall be investigated according to law, and criminal punishment Chapter II Classification and Establishment of Administrative Punishments Article 8 Classification of Administrative Punishments: (1) Warning; (2) Fine; (3) Forfeiture of illegal earnings, forfeiture of illegal property; (4) Order to stop production and business; (5) Suspension or withdrawal of permits, suspension or withdrawal of licenses; (6) Administrative detention; and (7) Other administrative punishments as stipulated by law or administrative regulations. Article 9 Various administrative punishments can be established by law. Administrative punishment which restrains personal liberty can only be established by law. Article 10 Administrative regulations can establish whatever administrative punishments except those restraining personal liberty. Where stipulations are already formulated by law on administrative punishments for illegal acts, specific stipulations to be formulated Article 11 Local regulations can establish administrative punishments except those restraining personal liberty and withdrawing enterprises’ Where stipulations are already formulated by law or administrative regulations on administrative punishments for illegal acts, specific Article 12 Rules formulated by Ministries and Commissions under the State Council may incorporate specific stipulations on administrative punishments Where law and administrative regulations have not been formulated, the rules formulated by the Ministries and Commissions under the The State Council may authorize the organs directly under the State Council charged with the right to inflict administrative punishments Article 13 Rules formulated by the people’s governments of provinces, autonomous regions and municipalities directly under the central government, Where law and regulations have not been formulated, the rules formulated by the people’s governments referred to in the preceding Article 14 Any other documents of a regulative character other than those provided in Articles 9, 10, 11, 12 and 13 shall not establish administrative Chapter III The Organs for Implementing Administrative Punishments Article 15 Administrative punishments shall be implemented by the authorized administrative organs within the scope of their functions and powers. Article 16 The State Council or the people’s governments of provinces, autonomous regions and municipalities directly under the central government Article 17 Functional organizations empowered by law or regulations in charge of the administration over public affairs may implement administrative Article 18 Administrative organs may, according to law, regulations and rules and within their lawful authorization, entrust the organizations The entrusting administrative organ shall be responsible for the supervision over the acts of the entrusted organization to implement The entrusted organization shall, within its authorization, implement administrative punishments in the name of the entrusting administrative Article 19 The entrusted organization must be qualified for the following conditions: (1) Organizations formed according to law and in charge of public affairs; (2) Manned with personnels well-informed of related law, regulations, rules and business; and (3) Where technical tests or technical appraisal are required, shall have the means to conduct such tests and appraisal. Chapter IV Jurisdiction and Application of Administrative Punishments Article 20 Administrative punishments come under the jurisdiction of the administrative organs with the right to make administrative punishments Article 21 Dispute over jurisdiction shall be referred to an administrative organ common to the disputing organs at a higher level which will Article 22 Where the illegal acts constitute crimes, the administrative organs must transfer the case to judicial organs for investigation of Article 23 Administrative organs, when implementing administrative punishments, shall order the parties to make, or within a specified period Article 24 A party shall be subjected to no more than one fine for the same illegal act as administrative punishment. Article 25 Persons under the age of 14, having committed illegal acts, shall not be imposed on administrative punishments, but their guardians Article 26 Mental patients committing illegal acts when unable to determine or control their acts, shall not be imposed on administrative punishments, Article 27 Parties shall be imposed on administrative punishments, either light or mitigated, subject to one of the following instances: (1) Take initiative in removing or minimizing the consequential damage; (2) Commit illegal acts on account of being coerced by others; (3) Contribute in cooperation with administrative organs to investigation into and handling with illegal acts; or (4) Any other instances for which administrative punishments can be light or mitigated according to law. No administrative punishment shall be imposed for trifle illegal acts which have been timely checked without causing consequent damage. Article 28 Where the illegal acts constitute an offense for which criminal detention or fixed-term imprisonment has been rendered by the people’s Where the illegal acts constitute an offense for which fine is imposed by the people’s court, the fine inflicted on the party by the Article 29 No administrative punishment shall be given for illegal acts which have not been discovered within two years, unless otherwise provided The time limit in the preceding paragraph shall be computed from the day of the occurrence of the illegal acts, or from the day of Chapter V Decision on Administrative Punishments Article 30 Where citizens, legal persons or other organizations shall according to law be given administrative punishments for acts violating Article 31 Administrative organs, before making a decision on administrative punishments, shall inform the party of the facts, causes and legal Article 32 The party has the right to state the case and defend himself. The administrative organ must hear in full the party’s opinions, and The administrative organ shall not aggravate punishments on account of the party’s statements or defense. Section 1 Summary Procedure Article 33 A decision on administrative punishments of a fine less than fifty renminbi yuan on citizens or less than a thousand renminbi yuan Article 34 Law administering personnels making a decision on administrative punishments on the spot, shall show to the party the identification The statement of decision on administrative punishment in the preceding paragraph shall carry the illegal acts done by the party, The decision on administrative punishment, made by the law administering personnels on the spot, must be filed with their administrative Article 35 The party who refuses to accept the decision on administrative punishment made on the spot, may according to law apply for administrative Section 2 General Procedure Article 36 Except the case, stipulated in Article 33 , where the administrative punishment may be given on spot, the administrative organ, finding Article 37 No less than two law administering personnels shall be present on the scene when the administrative organ conducts investigation or The administrative organ, when collecting evidence, may take evidence by random sampling and, when evidence may possibly be lost or Law administering personnels, having direct concern therein with the party concerned, shall withdraw. Article 38 Following the conclusion of the investigation, responsible persons of the administrative organ shall examine the findings of the investigation (1) Decision on administrative punishment shall be made according to the seriousness and particulars of the case if there are illegal (2) Administrative punishment shall not be inflicted if illegal acts are minor ones for which administrative punishments may not be inflicted (3) No administrative punishment shall be imposed if illegal acts are not sustainable; and (4) Illegal acts which constitute a crime shall be transferred to the judicial organ. Where serious administrative punishment shall be imposed for complicated or major illegal acts, the decision shall be made through Article 39 The administrative organ, inflicting administrative punishment according to Article 38 of this Law, shall draw up a statement of (1) The name or post_title of the party and address; (2) The facts and evidence concerning the violation of law, regulations or rules; (3) Classification and legal basis of the administrative punishment; (4) Method and time limit for executing the administrative punishment; (5) Avenue and time limit for application for administrative reconsideration and for the institution of an administrative law suit, if (6) The name of the administrative organ making such punishment and the date of the decision. Decision on administrative punishment must carry the official stamp of the administrative organ making the administrative punishment. Article 40 The statement of decision on administrative punishment shall be delivered to the party on spot after pronouncement, and in absence Article 41 In case the administrative organ and its law administering personnels fail, before making the decision on administrative punishment, Section 3 Hearing Procedure Article 42 The administrative organ before making a decision on the administrative punishment such as ordering to stop production and business, (1) The party shall, within 3 days after being informed by the administrative organ, notify them of the party’s request for hearing; (2) The administrative organ shall notify the party of the time and place of the hearing seven days before it; (3) Hearing shall be held in public, with the exception that the state’s or commercial secret or personal privacy is involved; (4) Hearing shall be presided over by the personnel appointed by the administrative organ other than the investigators of the case and (5) The party may attend in person or appoint one or two agents to the hearing; (6) At hearing the investigators state the facts of the illegal acts done by the party, present the evidence and make suggestion on administrative (7) Written records on the hearing shall be made which shall be examined to see no error with it, and signed or stamped by the party. The party who takes objection to administrative punishment on restraint of personal liberty, shall act according to the Regulations Article 43 Following the hearing, the administrative organ shall make the decision in accordance with the provisions of Article 38 of this Law. Chapter VI Execution of Administrative Punishment Article 44 After the decision on administrative punishment is made in accordance with law, the party shall execute the decision within the time Article 45 The execution of the administrative punishment shall not be suspended when the party refuses to accept the decision and applies for Article 46 The administrative organ making the decision on fine shall be separated from the collecting agency of the fine. The administrative organ making the decision on administrative punishments and its law administering personnels shall not collect The party shall, within fifteen days from the day of receiving the statement of decision on administrative punishment, pay the fines Article 47 In case a decision is made on administrative punishment on spot in accordance with the provisions of Article 33 of this Law, the (1) A fine less than twenty renminbi yuan imposed according to law; or (2) Fines, if not collected on spot, shall be hardly executed. Article 48 Administrative organs and their law administering personnels, having made the decisions on fines in accordance with Articles 33 and Article 49 Administrative organs and their law administering personnels collecting fines on spot, must issue to the parties the uniform receipt Article 50 Law administering personnels collecting fines on spot shall, within two days from the day of fine, hand the fines over to the administrative Article 51 In case of failure by the party to execute the decision on administrative punishment within the prescribed time limit, the administrative (1) In case of failure to pay the fine in time, an additional fine shall be imposed amounting to three per cent of the original fine on (2) In accordance with law, the sealed up or seized property can be put to auction to pay, or appropriation of the frozen bank deposit (3) Apply to the people’s court for enforcement. Article 52 At the request of the party assuredly in economic difficulty, payment of fine may be postponed or made in installments, subject to Article 53 Illegal property which has been confiscated with the exception of those to be destroyed according to law, must be auctioned publicly Fines, confiscated illegal earnings or proceeds of the illegal property by auction must be handed over in its entirety to the state Article 54 Administrative organs shall establish and complete the system of supervision over administrative punishments. And people’s governments Citizens, legal persons and other organizations have the right to lodge their complaints or make report on the punishments imposed Chapter VII Legal Responsibility Article 55 Where administrative organs implement administrative punishments in one of the following instances, superior administrative organs (1) No legal basis for imposing administrative punishments; (2) Alterations made on one’s own authority in classification and extent of administrative punishments; (3) Violations of the legal procedure for administrative punishments; or (4) Violations of Article 18 of this Law on entrustment of implementing punishments. Article 56 If administrative organs implementing punishments on parties do not use documents and receipts specially designed for, or use those Article 57 Where administrative organs collect fines on their own authority in violation of Article 46 of this Law or financial departments Article 58 Fines, confiscated illegal earnings or property which have been withheld or shared privately or secretly in any manner by the administrative Law administering personnels abusing their authority to demand or accept and take into their possession other’s property or collected Article 59 Administrative organs using or damaging the property held in custody, thereby causing loss or damage to the party, shall make compensation Article 60 Administrative organs implementing inspective or executive measures in violation of law, thereby causing personal or property damage Article 61 Where administrative organs seek private interest for the units themselves by withholding cases which should be transferred to judicial Article 62 Where law administering personnels who have neglected their duties resulting in failure to check or punish illegal acts which should Chapter VIII Supplementary Provisions Ar DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE REVISION OF THE THE PREVENTION AND CONTROL OF WATER POLLUTION
The 19th Meeting of the Standing Committee of the Eighth National People’s 1. The second paragraph of Article 7 is amended as: “The people’s 2. Add a new article as Article 10: “The prevention and control of water “Water pollution prevention and control plans for other river basins “The approved plans shall serve as the bases for the prevention and “Local people’s governments at or above the county level shall, in 3. The third paragraph of Article 13 is amended as: “Facilities for the Add a new paragraph as the fourth paragraph: “The environmental impact 4. The second paragraph of Article 14 is amended as: “The pollutant 5. Delete the reading “and shall assume responsibility to eliminate and “Enterprises and institutions discharging pollutants in excess of the 6. Add a new article as Article 16: “Where the water pollutant discharge 7. Add a new article as Article 17: “The environmental protection 8. Add a new article as Article 18: “The working organs for water resource 9. Article 10 is changed into Article 19 and amended as: “Urban sewage “Competent departments under the State Council and local people’s “Urban sewage treatment facilities shall, according to the state “The State Council shall formulate specific measures for the collection of 10. Add a new article as Article 20: “People’s governments at or above the “The discharge of waste water into water bodies at the first class “Tours, swims and other activities which might cause pollution to domestic “Any new construction project or expansion unrelated to water supply “People’s governments at or above the county level shall, according to “The protection of domestic and drinking groundwater sources shall be “The State Council shall formulate specific measures for the protection of Delete the phrase “domestic and drinking water sources” in Article 12. 11. Add a new article as Article 22: “Enterprises shall adopt clean “The state establishes a system for eliminating those backward production “The competent comprehensive administrative department of economy under “Producers, marketers, importers or users must, within the time limit “Equipment already eliminated according to the provisions in two preceding 12. Add a new article as Article 23: “The state prohibits the 13. Add a new article as Article 26: “Water pollution disputes involving 14. Article 20 is changed into Article 28 and a new paragraph added as the 15. Add a new article as Article 39: “The agricultural administration 16. Add a new article as Article 47: “If, in violation of the provisions Delete Item (2) in Article 37. 17. Add a new article as Article 48: “If a pollutant discharging unit, in 18. Add a new article as Article 49: “If anyone, in violation of the 19. Add a new article as Article 50: “If anyone, in violation of the 20. Add a new article as Article 51: “If anyone, in violation of the 21. Article 39 is changed into Article 53 and amended as: “A pollutant “In the case of a pollution accident caused to fisheries or caused by “If the circumstances are serious in a water pollution accident, the 22. Add a new article as Article 58: “Personnel conducting supervision and 23. Add a new article as Article 59: “With regard to individual businesses This Decision comes into force on the date of the promulgation. The Law of the People’s Republic of China on the Prevention and Control of Chapter I General Provisions Chapter II Establishment of Water Environment Quality Standards and Pollutant Discharge Standards Chapter III Supervision and Management of the Prevention and Control of Water Pollution Chapter IV Prevention of Surface Water Pollution Chapter V Prevention of Groundwater Pollution Chapter VI Legal Liability Chapter VII Supplementary Provisions Article 1 This Law is formulated for the purpose of preventing and Article 2 This Law shall apply to the prevention and control of pollution This Law is not applicable to the prevention and control of marine Article 3 Competent departments under the State Council and local Article 4 The environmental protection departments of the people’s Navigation administrative offices of transportation departments at various Water conservancy administration departments, public health administration Article 5 All units and individuals shall have the duty to protect the Any unit or individual that has suffered losses directly from a water Article 6 The environmental protection department of the State Council The people’s governments of provinces, autonomous regions, and Article 7 The environmental protection department of the State Council The people’s governments of provinces, autonomous regions and Those who discharge pollutants into any water body where local pollutant Article 8 The environmental protection department of the State Council Article 9 Competent departments under the State Council and local Article 10 The prevention and control of water pollution shall be planned Water pollution prevention and control plans for other river basins The approved plans shall serve as the bases for the prevention and control Local people’s governments at or above the county level shall, in Article 11 Competent departments under the State Council and local Article 12 For water bodies at scenic or historic sites, important Article 13 New construction projects, extensions, or reconstruction &nb MINERAL RESOURCES LAW
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