1、烟台大学法学院 法律硕士张川方 中华人民共和国治安管理处罚法( 英文版) Law of the PRC on Penalties for Administration of Public Security (Adopted at the 17th Meeting of the Standing Committee of the Tenth National Peoples Congress on August 28, 2005) No. 38 Order of the President of the PRC The Law of the Peoples Republic of China o
2、n Penalties for Administration of Public Security, adopted at the 17th Meeting of the Standing Committee of the Tenth National Peoples Congress of the Peoples Republic of China on August 28, 2005, is hereby promulgated and shall go into effect as of March 1, 2006. Hu Jintao, President of the Peoples
3、 Republic of China August 25 th , 2005 C-I General Provisions Article 1 This Law is formulated to maintain public order ( 社会治安秩序), safeguard public safety( 保障公共 安全), protect the lawful rights and interests of citizens, legal persons and other organizations, and regularize and guarantee performance o
4、f the duties for administration of public security( 治安管 理职 责) by the public security organ and the peoples police according to law. 2012-7-28 11:34:10 Article 2 A person who disturbs public order, endangers( 妨害) public safety, infringes on the rights of person and property or hampers( 妨害) social adm
5、inistration, which is harmful to the society and which, according to the provisions of the Criminal Law of the Peoples Republic of China, constitutes a crime, shall be investigated for criminal responsibility according to the law. If such an act is not serious enough for criminal punishment, the pub
6、lic security organ shall impose on him a penalty for administration of public security( 治安 管理处罚) according to this Law. Article 3 The provisions of this Law are applicable to the procedure of penalties for administration of public security; if there are no such provisions in this Law, the relevant p
7、rovisions of the Law of the Peoples Republic of China on Administrative Penalty( 行政处 罚) shall be applicable. Article 4 (1) This Law shall be applicable to acts committed against the administration of public security within the territory of the Peoples Republic of China, except where specially provid
8、ed for by other laws( 除法律 有特别规定的外). (2) This Law shall be applicable to acts against the administration of public security committed aboard ships or aircrafts( 在船舶和航空器内) of the Peoples Republic of China, except where specially provided for by other laws. Article 5 (1) A penalty for administration of
9、 public security shall be based on facts and fit the nature and circumstances of the act committed against the administration of public security and the extent of harm done to the society( 社会危害程度). (2) Penalties for administration of public security shall be imposed openly and impartially, in which
10、human rights(人权) shall be respected and safeguarded, and the human dignity( 人格尊严) of citizens shall be protected. (3) In dealing with cases of public security, the principle of combining education with penalty( 教 育与处罚相结合) shall be upheld. Article 6 The peoples government at various levels shall make
11、 comprehensive improvement( 加强综合治 理)of public security and take effective measures to dissolve social contradictions, enhance social harmony and maintain social stability. Article 7 (1) The department of public security under the state Council shall be responsible for administration of public securi
12、ty throughout the country. The public security organ of the local peoples government at or above the county level shall be responsible for administration of public security within their respective jurisdictional area. (2) Jurisdiction over cases of public security shall be determined by the departme
13、nt of public security under the state Council( 国 务院公安部门). Article 8 Where an act against the administration of public security causes harm to another person, the person committing such act( 行为人) or his guardian( 其监护 人)shall bear civil liability according to law. Article 9 In respect of acts against
14、the administration of public security, such as brawling( 打 架斗殴) and damaging or destroying( 损毁) another persons property, which are caused by civil disputes( 民间 纠 纷), if the circumstances are relatively minor( 较轻), the public security organ may handle them through mediation. Where the parties concer
15、ned reach an agreement through mediation by the public security organ, no penalties shall be imposed. Where no agreement is reached through mediation or the agreement, although reached, is not executed, the public security organ shall, in accordance with the provisions of this Law, impose penalties
16、upon the persons committing the acts against the administration of public security and notify the parties concerned that they may, according to law, bring a civil action to the peoples court in respect of the civil disputes( 就民事 争 议). C-II Types of Penalties and Their Application Article 10 (1) Pena
17、lties for acts against the administration of public security are divided into the following types: (a) warning; (b) fine; (c) administrative detention( 行政拘留); and (d) revocation of licenses issued by the public security organ. (2) To a foreigner who acts against the administration of public security
18、, leaving the country within a time limit( 限期 出境) or deportation( 限 期出境)attached to a penalty( 附加) may be applicable. Article 11 (1) Contraband seized( 查获的违禁品) in dealing with cases of public security such as drugs and pornographic objects, gambling devices, money for gambling, devices used for inge
19、sting or injecting drugs( 吸食、 注 射毒品), and the instruments owned and directly used by the persons in their acts against the administration of public security shall be taken over( 收缴) and disposed of according to relevant regulations. (2) The money and things of value obtained through acts against the
20、 administration of public security shall be recovered and returned to the victim. Where there is no victim involved, they shall be registered and sold by auction or disposed of according to the relevant regulations of the state, and all the proceeds therefrom( 所得款项)shall be handed over to the state
21、Treasury. Article 12 If a person who has attained to(达到, 已满) the age of 14 but not to the age of 18 commits an act against the administration of public security, he shall be given a relatively light or mitigated( 从轻 或 者减轻)penalty. If a person who has not attained to the age of 14 commits such an act
22、, he shall not be penalized, but his guardian shall be instructed to subject him to strict discipline( 严 加管教). Article 13 Where a mentally disordered person( 精神病人) commits an act against the administration of public security at the time when he is unable to recognize or control his own conduct, he s
23、hall not be penalized, but his guardian shall be instructed to keep a strict guard on him and subject him to medical treatment( 严加看管和治疗). Where an intermittently insane person( 间歇性的精神病 人)commits an act against the administration of public security while in normal mental condition, he shall be penali
24、zed. Article 14 Where a blind or deaf-mute( 又聋又 哑的) person commits an act against the administration of public security, he may be given a relatively light or mitigated penalty, or shall not be penalized( 可 以不予处罚). Article 15 (1) Where an intoxicated person( 醉 酒的人) commits an act against the adminis
25、tration of public security, he shall be penalized. (2) Where an intoxicated person in a drunken state may cause danger to himself( 对本人有危险)or threatens another persons personal safety or property or public safety, protective measures shall be taken to restrain him until he sobers up( 约束至酒醒). Article
26、16 Where a person commits two or more acts against the administration of public security, decisions shall be made separately( 分别决定) but executed concurrently( 合并执行). Where penalties of administrative detention( 行政拘留处罚) are concurrently executed, the maximum term of such detention shall not exceed 20
27、 days. Article 17 (1) Where an act is committed jointly against the administration of public security, the persons committing such act shall be penalized separately, depending on the role played by each of them in the act. (2) Where a person instigates, coerces or lures( 教唆、 胁迫、 诱骗) another person t
28、o act against the administration of public security, he shall be penalized according to the seriousness of the act committed as a result of his instigation, coercion or luring. Article 18 Where a unit commits an act against the administration of public security, the persons directly in charge( 直接负责的
29、主管人员) and other persons directly responsible( 其他直接责任人员) shall be penalized in accordance with the provisions of this Law. Where other laws or administrative regulations( 行政法规) provide that penalty shall be imposed on a unit for the same act, the unit shall be penalized in accordance with the provisi
30、ons thereof. Article 19 The penalty to be imposed on a person who commits an act against the administration of public security shall be mitigated, or no penalty shall be imposed on him, under any of the following circumstances: (1) the adverse effects are extremely minor( 特别轻微); (2) the person takes
31、 the initiative to( 主动) remove or lessen the adverse effects( 违 法后果), and gains the victims forgiveness; (3) the act is committed under( 出于) the coercion or luring by another person; (4) the person surrenders himself to the police( 主 动投案) and truthfully states his illegal act to the public security
32、organ; or (5) the person has performed meritorious service( 有立功表现). Article 20 Under any of the following circumstances, a heavier penalty shall be imposed( 从重处罚) on a person who commits an act against the administration of public security: (1) the adverse effects are relatively serious( 较严 重的); (2)
33、 the person instigates, coerces or lures another person to commit an act against the administration of public security; (3) the person retaliates against( 打击 报复) the reporter, accuser, informant( 报案人、 控告人、 举报人) or witness; or (4) the person has been subjected to penalty( 曾 受过处罚) for his act against
34、the administration of public security within the past six months( 六个 月内). Article 21 Under any of the following circumstances, the penalty of administrative detention shall not be executed against the person who has committed an act against the administration of public security( 违 反治安管理行为人), althoug
35、h such a penalty should be imposed on him according to the provisions of this Law: (1) the person has attained to the age of 14 but not to the age of 16; (2) the person has attained to the age of 16 but not to the age of 18, and such act is committed for the first time; (3) the person is over 70 yea
36、rs old; or (4) the person is pregnant or breast-feeding her own baby who is not one year old( 不 满一周岁的). Article 22 (1) Where an act committed against the administration of public security is not discovered by the public security organ within six months, the person committing such act shall no longer
37、 be penalized. (2) The period of time specified in the preceding paragraph shall be counted from the date the act against the administration of public security is committed. If such act is continual or continuing( 有 连续或者继续状态), the period of time shall be counted from the date the act ends. C-III Act
38、s Against the Administration of Public Security and Penalties Section 1 Acts Disturbing Public Order and Penalties Article 23 (1) A person who commits any of the following acts shall be given a warning or be fined not more than ￥200; if the circumstances are relatively serious, he shall be detained
39、for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ￥500: (a) disturbing the order of government organs( 机关), public organizations, enterprises or institutions, thus making it impossible for work, production, business operation, medical care, teaching or s
40、cientific research to go on the rails( 正常进行), but not having caused serious losses; (b) disturbing the public order at stations, ports, wharves(码头), airports, department stores( 商场), parks, exhibition halls( 展览馆) or other public places( 公共场 所); (c) disturbing the public order on board of buses, trol
41、leybuses( 无轨电车), trains, ships, aircrafts and other means of public transportation( 公共交 通工具); (d) illegally intercepting( 非法拦截) or forcibly boarding( 强登)or holding on( 扒乘) to motor vehicles(机动 车), ships, aircrafts and other means of transportation, thus hampering the normal operation( 正 常行驶) of the
42、means of transportation; or (e) disrupting the order of elections( 选举秩序) conducted according to law. (2) Where any act mentioned in the preceding paragraph is committed by a crowd( 聚众实施), the ringleader( 首要分子) shall be detained for not less than 10 days but not more than 15 days and may, in addition
43、, be fined not more than ￥1,000. Article 24 (1) A person who commits any of the following acts, thus disturbing the order of such large-scale activities for the mass( 大型群众性活动) as cultural or sports activities( 文体活动), shall be given a warning or be fined not more than ￥200; if the circumstances are s
44、erious, he shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ￥500: (a) forcibly entering the arena( 进入 场内); (b) setting off fireworks, firecrackers( 燃放烟花爆竹) or other articles in the arena in violation of regulations; (c) displaying such
45、 articles as humiliating slogans or streamers( 标语、条 幅); (d) joining with other persons in attacking( 围攻) a referee, player or any other worker; (e) throwing odds and ends( 投掷杂物) into the arena and turning a deaf ear to the order to stop( 不 听制止); or (f) other acts disturbing the order of large-scale
46、activities for the mass. (2) A person on whom the penalty of detention is imposed because he disturbs the order of a sports competition( 体育比赛) may, at the same time, be ordered not to enter a stadium or gymnasium to watch a competition of similar sports( 同类 比赛) within 12 months; if he enters a stadi
47、um or gymnasium in violation of the order, he shall be forcibly brought out of the spot( 强行 带 离现场). Article 25 A person who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ￥500; if the circumstances a
48、re relatively minor, he shall be detained for not more than 5 days or be fined not more than ￥500: (1) intentionally disturbing public order by spreading rumors( 散布谣言), making false reports of dangerous situations or epidemic situations, raising false alarms( 谎报警情) or by other means; (2) disturbing
49、public order by putting in( 投放) fake hazardous substances such as explosive, toxic, radioactive and corrosive substances( 腐蚀性物质) or pathogens of infectious diseases( 传染病病原体); or (3) disturbing public order by threatening to set fire( 扬言实 施放火), set off explosions, or put in hazardous substances. Article 26 A person who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days and may, in addition, be fined not more than ￥500; if the circumstances are relatively serious, he shall be detained for not less 10 than days but not more than
