【2018年整理】行政处罚法.docVIP

Law of the Peoples Republic of China on Administrative Penalty (Adopted at the Fourth Session of the Eighth National Peoples Congress on March 17, 1996 and promulgated by Order No. 63 of the President of the Peoples Republic of China on March 17, 1996) Contents Chapter I General Provisions Chapter II Types and Creation of Administrative Penalty Chapter III Organs Imposing Administrative Penalty Chapter IV Jurisdiction and Application of Administrative Penalty Chapter V Decision on an Administrative Penalty Section 1 Summary Procedure Section 2 Ordinary Procedure Section 3 Procedure of Hearing Chapter VI Enforcement of Administrative Penalty Chapter VII Legal Responsibility Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 Pursuant to the Constitution, this Law is enacted for the purpose of standardizing creation and imposition of administrative penalty, ensuring and supervising the effective exercise of administration by administrative organs, safeguarding public interests and public order, and protecting the lawful rights and interests of citizens, legal persons and other organizations. Article 2 Creation and imposing of administrative penalty shall be governed by this Law. Article 3 Where administrative penalty needs to be imposed on citizens, legal persons or other organizations for their violations of the order of administration, it shall be prescribed by laws, rules or regulations pursuant to this Law and imposed by administrative organs in compliance with the procedure prescribed by this Law. Administrative penalty that is not imposed in accordance with law or in compliance with legal procedures shall be invalid. Article 4 Administrative penalty shall be imposed in adherence to the principles of fairness and openness. Creation and imposition of administrative penalty shall be based on facts and shall be in correspondence with the facts, nature and seriousness