Order of the President of the People's Republic of China
(No. 49)
The Law of the People's Republic of China on Public Security Administration Punishments, as revised and adopted at the 16th Session of the Standing Committee of the Fourteenth National People's Congress of the People's Republic of China on June 27, 2025, is hereby issued with effect from January 1, 2026.
Xi Jinping, President of the People's Republic of China
June 27, 2025
Law of the People's Republic of China on Public Security Administration Punishments
(Adopted at the 17th Session of the Standing Committee of the Tenth National People's Congress on August 28, 2005, amended in accordance with the Decision to Amend the Law of the People's Republic of China on Public Security Administration Punishments adopted at the 29th Session of the Standing Committee of the Eleventh National People's Congress on October 26, 2012, and revised at the 16th Session of the Standing Committee of the Fourteenth National People's Congress on June 27, 2025)
Table of Contents
Chapter I General Provisions
Chapter II Types and Application of Punishments
Chapter III Violations of Public Security Administration and Punishments
Section 1 Acts Disrupting Public Order and Punishments
Section 2 Acts Endangering Public Security and Punishments
Section 3 Acts Infringing upon Personal Rights or Property Rights and Punishments
Section 4 Acts Impeding Social Administration and Punishments
Chapter IV Punishment Procedures
Section 1 Investigation
Section 2 Decision
Section 3 Execution
Chapter V Law Enforcement Supervision
Chapter VI Supplemental Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution for the purposes of maintaining the order of public security, safeguarding public security, protecting the lawful rights and interests of citizens, legal persons, and other organizations, and regulating and guaranteeing the performance of public security administration duties by public security authorities and their police officers in accordance with the law.
Article 2 The administration of public security shall uphold the leadership of the Communist Party of China and adhere to comprehensive governance.
People's governments at all levels shall strengthen the comprehensive governance of public security and take effective measures to prevent and resolve social conflicts and disputes, enhance social harmony, and maintain social stability.
Article 3 Whoever disrupts the public order, endangers public security, infringes upon personal rights or property rights, or impedes social administration shall be held criminally liable if the violation is harmful to the society and constitutes a crime in accordance with the provisions of the Criminal Law of the People's Republic of China; and shall be punished by the public security authority in public security administration in accordance with this Law if the violation is not serious enough for a criminal punishment.
Article 4 The procedures for imposing public security administration punishments shall be governed by this Law. For any matters not prescribed by this Law, the relevant provisions of the Administrative Sanctioning Law of the People's Republic of China and the Administrative Compulsion Law of the People's Republic of China shall apply.
Article 5 This Law shall apply to the violations of public security administration committed within the territory of the People's Republic of China, except as otherwise specially provided for by any law.
This Law shall apply to the violations of public security administration committed on vessels and aircraft of the People's Republic of China, except as otherwise specially provided for by any law.
This Law shall apply to the violations of public security administration that are committed on foreign vessels and aircraft and over which the People's Republic of China exercises jurisdiction in accordance with international treaties concluded or acceded to by the People's Republic of China.
Article 6 Public security administration punishments shall be based on facts and be commensurate with the facts, nature, and circumstances of, and degree of social harm caused by, the violations of public security administration.
Public security administration punishments shall be imposed in an open and impartial manner, human rights shall be respected and safeguarded, and the personal dignity of citizens shall be protected.
Public security cases shall be handled under the principle of combining education with punishment, laws and reasons shall be fully interpreted, and citizens, legal persons, or other organizations shall be educated to voluntarily abide by laws.
Article 7 The public security department of the State Council shall be responsible for public security administration throughout the country. The public security authorities of local people's governments at or above the county level shall be responsible for public security administration within their respective administrative regions.
The jurisdiction over public security cases shall be prescribed by the public security department of the State Council.
Article 8 Where any violation of public security administration causes damage to any other person, the violator or his or her guardian shall, in addition to being subject to public security administration punishment in accordance with this Law, bear civil liability in accordance with the law.
If any violation of public security administration constitutes a crime and the offender shall be held criminally liable in accordance with the law, public security administration punishment may not be imposed in lieu of criminal punishment.
Article 9 With regard to the violations of public security administration, such as fighting and damaging or destroying the property of any other person caused by civil disputes, if the circumstances are relatively minor, the public security authority may handle the matter through mediation.
When handling public security cases through mediation, the facts shall be ascertained, the principles of legality, impartiality, voluntariness, and timeliness shall be followed, and attention shall be paid to education and persuasion, to promote the resolution of conflicts and disputes.
If the parties reach an agreement through mediation by the public security authority, no punishment shall be imposed. If no agreement is reached through mediation or an agreement has been reached but not been performed, the public security authority shall handle the violation of public security administration in accordance with the provisions of this Law and inform the parties that they may legally file a civil lawsuit with the people's court regarding the civil dispute.
For a public security case falling within the scope of mediation specified in paragraph 1, no punishment shall be imposed on the violator if the parties reach a settlement on their own or reach an agreement through mediation by the people's mediation committee and have it performed before the public security authority makes a handling decision, and the written application has been recognized by the public security authority.
Chapter II Types and Application of Punishments
Article 10 The public security administration punishments are classified into:
(1) warning;
(2) fine;
(3) administrative detention; and
(4) revocation of the license issued by the public security authority.
For a foreigner who commits any violation of public security administration, ordering the violator to leave the country within a prescribed time limit or deportation may additionally apply.
Article 11 The drugs, pornographic items, and other illegal items, gambling devices, gambling stakes, devices used for taking or injecting drugs, and all the instruments owned and directly used by the person for committing any violation of public security administration that are seized in handling a public security case shall be confiscated and disposed of in accordance with relevant provisions.
The property obtained from the commission of the violation of public security administration shall be recovered and returned to the victim; and if there is no victim, shall be registered in archives and sold by open auction or disposed of in accordance with the relevant provisions issued by the state, and the proceeds therefrom shall be turned over to the state treasury.
Article 12 Where a person who has attained the age of 14 but under the age of 18 commits any violation of public security administration, the person shall be given a lighter or mitigated punishment. If a person who is under the age of 14 commits any violation of public security administration, no punishment shall be imposed on him or her, but his or her guardian shall be ordered to subject him or her to strict discipline.
Article 13 Where a person with mental illness or a person with intellectual disability commits any violation of public security administration when he or she is unable to recognize or control his or her behavior, no punishment shall be imposed on him or her, but his or her guardian shall be ordered to strengthen custody and management and give him or her medical treatment. A person with intermittent psychotic episodes shall be punished if he or she commits any violation of public security administration when he or she is in a normal mental state. If a person with mental illness or a person with intellectual disability who has not completely lost his or her ability to recognize or control his or her behavior commits any violation of public security administration, the person shall be punished, but a lighter or mitigated punishment may be given.
Article 14 A blind or a deaf and mute person who commits any violation of public security administration may be given a lighter or mitigated punishment or may be exempted from punishment.
Article 15 An intoxicated person who commits any violation of public security administration shall be punished.
If any intoxicated person in a state of intoxication may cause danger to himself or herself or threaten any other person's personal or property safety or public security, protective measures shall be taken to restrain him or her until he or she sobers up.
Article 16 Where a person commits two or more violations of public security administration, decisions shall be made separately, but punishments shall be executed concurrently. The maximum time period for the concurrently executed punishments of administrative detention shall not exceed 20 days.
Article 17 Where two or more persons jointly commit a violation of public security administration, they shall be punished respectively based on their respective roles in the violation.
Whoever instigates, coerces, or induces any other person to commit any violation of public security administration shall be punished according to the act committed as a result of his or her instigation, coercion, or inducement.
Article 18 Where an entity commits any violation of public security administration, the directly liable person in charge of the entity and other directly liable persons shall be punished in accordance with the provisions of this Law. If any other law or administrative regulation prescribes that the punishment shall be imposed on an entity for the same violation, the entity shall be punished in accordance with the provisions of such a law or administrative regulation.
Article 19 The act of stopping an ongoing illegal infringement which causes damage does not constitute a violation of public security administration and shall not be punished. If the act of stopping evidently exceeds the limits of necessity and causes considerable damage, a punishment shall be imposed on the violator in accordance with the law, but a mitigated punishment shall be given. If the circumstances are relatively minor, no punishment shall be imposed on the violator.
Article 20 Where the violation of public security administration falls under any of the following circumstances, the violator shall be given a lighter or mitigated punishment or be exempted from punishment:
(1) The circumstances are minor.
(2) The violator has taken the initiative to eliminate or mitigate the consequences of the violation.
(3) The violator has obtained the forgiveness of the victim.
(4) The violator is forced or induced by any other person to commit the violation.
(5) The violator voluntarily surrenders and truthfully makes a statement on his or her illegal conduct to the public security authority.
(6) The violator has performed meritorious service.
Article 21 A violator of public security administration may be given a lenient punishment in accordance with the law if he or she voluntarily and truthfully states his or her illegal conduct to the public security authority, admits the facts of his or her illegal conduct, and is willing to accept the punishment.
Article 22 Where the violation of public security administration falls under any of the following circumstances, the violator shall be given a heavier punishment:
(1) Any relatively serious consequence has been caused.
(2) The violator instigates, coerces, or induces any other person to commit the violation of public security administration.
(3) The violator retaliates against the reporting party, accuser, informant, or witness.
(4) The violator has been subject to any public security administration punishment within one year.
Article 23 Where a violator of public security administration falls under any of the following circumstances, although he or she shall be given a punishment of administrative detention in accordance with this Law, the punishment of administrative detention shall not be executed:
(1) The violator has attained the age of 14 but is under the age of 16.
(2) The violator has attained the age of 16 but is under the age of 18, and the violation of public security administration is committed for the first time.
(3) The violator is over 70 years old.
(4) The violator is pregnant or breastfeeding her baby who is under one year old.
If the circumstances of the violation of public security administration committed by the violator specified in subparagraph (1), (2), or (3) of the preceding paragraph are serious and the effects are adverse, or if the violator specified in subparagraph (1) or (3) commits any violation of public security administration twice or more within one year, it shall not be subject to the restriction specified in the preceding paragraph.
Article 24 Where a minor is exempt from punishment in accordance with the provisions of Article 12 of this Law or is exempt from the punishment of administrative detention in accordance with the provisions of Article 23 of this Law, the public security authority shall take corresponding correction and education and other measures in accordance with the provisions of the Law of the People's Republic of China on the Prevention of Juvenile Delinquency.
Article 25 Where any violation of public security administration has not been found by the public security authority within six months, no punishment shall be imposed on the violator.
The time period specified in the preceding paragraph shall be calculated from the date when the violation of public security administration is committed; and if the violation of public security administration is in a consecutive or continuous state, the time period shall be calculated from the date when the violation ends.
Chapter III Violations of Public Security Administration and Punishments
Section 1 Acts Disrupting Public Order and Punishments
Article 26 Whoever commits any of the following conduct shall be warned or fined not more than 500 yuan; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than 10 days and may be fined not more than 1,000 yuan:
(1) Disrupting the order of any authority, group, enterprise, or public institution, thus making it impossible for the work, production, business operation, medical services, teaching, or scientific research to proceed normally without causing any serious loss.
(2) Disrupting the order of any station, port, dock, airport, shopping mall, park, exhibition hall, or any other public place.
(3) Disrupting the order on any public bus, trolleybus, urban rail transit vehicle, train, ship, aircraft, or other means of public transport.
(4) Illegally intercepting or forcibly boarding or holding on to any motor vehicle, ship, aircraft, or other means of transport, thus affecting the normal operation of the means of transport.
(5) Disrupting the order of any election conducted in accordance with the law.
If a crowd is gathered to commit any of the conduct as mentioned in the preceding paragraph, the ringleader shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 2,000 yuan.
Article 27 Where a person commits any of the following conduct during a national examination prescribed by laws and administrative regulations, thus disrupting the order of the examination, the person shall be fined not less than one time nor more than five times the amount of illegal proceeds, and if there are no illegal proceeds therefrom or the illegal proceeds are less than 1,000 yuan, shall be fined not less than 1,000 yuan nor more than 3,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than 15 days.
(1) Organizing cheating.
(2) Providing any cheating device or other assistance for any other person to organize cheating.
(3) Illegally selling or providing examination questions or answers to any other person in order to cheat in the examination.
(4) Taking the examination on behalf of any other person or having any other person take the examination on his or her behalf.
Article 28 Whoever commits any of the following conduct to disrupt the order of any sports, cultural, or any other large-scale public activity shall be warned or fined not more than 500 yuan; and if the circumstances are serious, shall be detained for not less than five days nor more than 10 days and may be fined not more than 1,000 yuan:
(1) Forcibly entering the venue.
(2) Setting off fireworks, firecrackers, or other items in the venue in violation of relevant provisions.
(3) Displaying any insulting slogan, banner, or other item.
(4) Besieging any referee, athlete, or other staff member.
(5) Throwing debris into the venue and refusing to be stopped.
(6) Other acts that disrupt the order of large-scale public activities.
A person who is subject to the punishment of detention for disrupting the order of a sports competition or cultural performance may, at the same time, be ordered not to enter a sports venue or performance venue to watch the same type of competitions or performances for six months to one year. A person who enters a sports venue or performance venue in violation of the provisions shall be forcibly removed from the scene and may be detained for not more than five days or be fined not more than 1,000 yuan.
Article 29 Whoever commits any of the following conduct shall be detained for not less than five days nor more than 10 days and may be fined not more than 1,000 yuan; and if the circumstances are relatively minor, shall be detained for not more than five days or be fined not more than 1,000 yuan:
(1) Intentionally disrupting the public order by intentionally spreading any rumor, falsely reporting any dangerous situation, epidemic disease, disaster, or police situation, or by other means.
(2) Disrupting the public order by throwing any false explosive, toxic, radioactive, or corrosive substance, infectious disease pathogen, or other hazardous substance.
(3) Disrupting the public order by threatening to set fire, set off explosions, throw hazardous substances, or commit any other criminal act that endangers public security.
Article 30 Whoever commits any of the following conduct shall be detained for not less than five days nor more than 10 days or be fined not more than 1,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than ten days nor more than 15 days and may be fined not more than 2,000 yuan:
(1) Gang fighting or assaulting any other person at will.
(2) Chasing or intercepting any other person.
(3) Taking or demanding forcibly, or destroying, damaging, or occupying at will public or private property.
(4) Other acts of picking fights and troubles that disturb any other person without any cause or disrupt the social order.
Article 31 Whoever commits any of the following conduct shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 2,000 yuan; and if the circumstances are relatively minor, shall be detained for not less than five days nor more than 10 days and may be fined not more than 1,000 yuan:
(1) Arranging for, instigating, coercing, inducing, or inciting any other person to carry out activities of any cult or superstitious sect or secret society, illegal religious activities, or disrupting the social order or impairing the physical health of any other person by using any cult organization, superstitious sect, or secret society, or superstitious activity.
(2) Engaging in activities that disrupt the social order or impairing the physical health of any other person under the guise of any religion or Qigong.
(3) Making or spreading items, information, or materials with the content of any cult organization, superstitious sect, or secret society.
Article 32 Whoever commits any of the following conduct in violation of the provisions issued by the state shall be detained for not less than five days nor more than 10 days; and if the circumstances are serious, shall be detained for not less than 10 days nor more than 15 days.
(1) Intentionally interfering with the normal operation of radio services.
(2) Causing harmful interference to any normally operating radio station, and refusing to take effective measures to eliminate the interference after being reminded by the appropriate authority.
(3) Setting up any radio broadcasting station, communication base station, or any other radio station without approval, or illegally using or occupying radio frequencies to engage in illegal activities.
Article 33 Whoever commits any of the following conduct shall be detained for not more than five days if any damage has been caused; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than 15 days:
(1) In violation of the provisions issued by the state, intruding into a computer information system or obtaining the data stored, processed, or transmitted in a computer information system, or exercising illegal control over a computer information system by other technical means.
(2) In violation of the provisions issued by the state, deleting, altering, adding, or interfering with the functions of a computer information system.
(3) In violation of the provisions issued by the state, deleting, altering, or adding the data and applications stored, processed, or transmitted in a computer information system.
(4) Internationally producing or spreading any computer virus or other destructive programs.
(5) Providing programs or tools specially used for intruding into or illegally controlling a computer information system, or providing programs or tools to any other person, although knowing that such a person is committing the illegal or criminal conduct of intruding into or illegally controlling a computer information system.
Article 34 Whoever organizes or leads pyramid sale activities shall be detained for not less than 10 days nor more than 15 days; and if the circumstances are relatively minor, shall be detained for not less than five days nor more than 10 days.
Whoever coerces or induces others to participate in pyramid sale activities shall be detained for not less than five days nor more than 10 days; and if the circumstances are relatively serious, shall be detained for not less than 10 days nor more than 15 days.
Article 35 Whoever commits any of the following conduct shall be detained for not less than five days nor more than 10 days or be fined not less than 1,000 yuan nor more than 3,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 5,000 yuan:
(1) Intentionally engaging in any activities contrary to the theme and atmosphere of celebration, commemoration, memorial, public memorial, or other important activities held by the state in the venues where such important activities are held and the surrounding controlled areas and disregarding dissuasion, causing an adverse social impact.
(2) Engaging in activities that damage the environment and atmosphere for commemorating heroes and martyrs within the protected area of memorial facilities for heroes and martyrs, disregarding persuasion, or occupying, damaging, or defiling the memorial facilities for heroes and martyrs.
(3) Infringing upon the name, portrait, reputation, or honor of any hero or martyr by insulting, defaming, or other means, causing damage to the public interest.
(4) Desecrating or denying the deeds and spirit of any hero or martyr, or producing, disseminating, or spreading speeches, pictures, audio and video recordings, or other items that advocate or glorify wars of aggression or acts of aggression, thereby disrupting the public order.
(5) Wearing or forcing others to wear in public places clothes or signs that advocate or glorify wars of aggression or acts of aggression, and disregarding dissuasion, causing an adverse social impact.
Section 2 Acts Endangering Public Security and Punishments
Article 36 Whoever, in violation of the provisions issued by the state, produces, trades in, stores, transports, mails, carries, uses, provides, or disposes of any explosive, toxic, radioactive, or corrosive substance, infectious disease pathogen, or other hazardous substance shall be detained for not less than 10 days nor more than 15 days; and if the circumstances are relatively minor, shall be detained for not less than five days nor more than 10 days.
Article 37 Where any explosive, toxic, radioactive, or corrosive substance, infectious disease pathogen, or other hazardous substance is stolen, robbed, or lost and no report is filed as required, the violator shall be detained for not more than five days; and if the violator intentionally conceals the relevant information, the violator shall be detained for not less than five days nor more than 10 days.
Article 38 Whoever illegally carries any gun, ammunition, crossbow, dagger, or other controlled device prescribed by the state shall be detained for not more than five days and may be fined not more than 1,000 yuan; and if the circumstances are relatively minor, shall be warned or fined not more than 500 yuan.
Whoever illegally carries any gun, ammunition, crossbow, dagger, or other controlled device prescribed by the state into a public place or means of public transport shall be detained for not less than five days nor more than 10 days and may be fined not more than 1,000 yuan.
Article 39 Whoever commits any of the following conduct shall be detained for not less than ten days nor more than 15 days; and if the circumstances are relatively minor, shall be detained for not more than five days:
(1) Stealing, damaging, or destroying oil and gas pipeline facilities, electric power and telecommunications facilities, radio and television facilities, water conservancy engineering facilities, public water supply facilities, highways and their affiliated facilities, or hydrological monitoring, measurement, meteorological forecasting, ecological and environmental monitoring, geological monitoring, earthquake monitoring, or other public facilities, thereby endangering public security.
(2) Moving, damaging, or destroying any boundary marker or boundary post along the national border or any other border marker or border facilities, or benchmark marking facilities for territorial land or territorial sea.
(3) Illicitly conducting any activity that may affect the direction of the national border (boundary) line or building any facilities that may obstruct national border (border area) administration.
Article 40 Whoever steals, damages, or moves without authorization any aviation facilities in use, or forcibly enters the cockpit of any aircraft shall be detained for not less than 10 days nor more than 15 days.
Whoever uses any device or tool that may affect the normal functions of the navigation system on an aircraft in use and disregards persuasion shall be detained for not more than five days or fined not more than 1,000 yuan.
Whoever steals, damages, or moves without authorization the facilities or equipment of other means of public transport in use, or interferes with the normal operation of the means of public transport by forcibly controlling the driving control device, pulling or assaulting the driver, or other methods shall be detained for not more than five days or fined not more than 1,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than 10 days.
Article 41 Whoever commits any of the following conduct shall be detained for not less than five days nor more than ten days, and may be fined not more than 1,000 yuan; and if the circumstances are relatively minor, shall be detained for not more than five days or be fined not more than 1,000 yuan:
(1) Stealing, damaging, destroying, or moving without authorization any railway or urban rail transit facilities, equipment, locomotive fittings, or safety signs.
(2) Placing obstacles on railway or urban rail transit lines or intentionally throwing items at trains.
(3) Digging pits, quarrying stones and extracting sand along railway lines, urban rail transit lines, bridges, tunnels, or culverts.
(4) Privately setting up road junctions or level crossings on railway or urban rail transit lines.
Article 42 Whoever enters the railway or urban rail transit protective net without authorization, or walks, sits, or lies down on a railway or urban rail transit line when a train or urban rail transit train is approaching, rushes across the railway or urban rail transit line, thereby endangering traffic safety, shall be warned or fined not more than 500 yuan.
Article 43 Whoever commits any of the following conduct shall be detained for not more than five days or be fined not more than 1,000 yuan; and if the circumstances are serious, shall be detained for not less than ten days nor more than 15 days and may be fined not more than 1,000 yuan:
(1) Installing or using any power grid without approval, or installing or using any power grid in noncompliance with safety requirements.
(2) Failing to place any cover, fence, or warning sign for a pit, well, ridge, or hole in a construction site where vehicles and pedestrians pass, or intentionally damaging, destroying, or moving the cover, fence, or warning sign.
(3) Stealing, damaging, or destroying public facilities, such as well lids and lighting devices on a road.
(4) Releasing ascending items carrying open flames in violation of the provisions of relevant laws and regulations, posing a risk of fire accidents, and disregarding persuasion.
(5) Throwing items from buildings or other heights, posing a danger to the personal safety of any other person, the safety of public or private property, or public security.
Article 44 Whoever holds any sports, cultural, or large-scale mass activities in violation of relevant provisions, posing a risk of safety accidents, and refuses to take corrective action or is unable to take corrective action after being ordered by the public security authority to do so shall be ordered to stop such activities and evacuate immediately. The directly liable person in charge and other directly liable persons shall be detained for not less than five days nor more than ten days and fined not less than 1,000 yuan nor more than 3,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than 10 days nor more than 15 days and be fined not less than 3,000 yuan nor more than 5,000 yuan, and may, at the same time, be ordered not to hold large-scale public activities within six months to one year.
Article 45 Where a hotel, restaurant, cinema, theater, entertainment venue, sports venue, exhibition hall, or any other place for holding public activities causes any safety incident risk at the place in violation of safety provisions, if the violator refuses to take corrective action after being ordered to do so by the public security authority, the directly liable person in charge and other directly liable persons shall be detained for not more than five days; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than 10 days.
Article 46 Whoever flies a civil unmanned aircraft or aviation sports equipment, or releases unmanned free balloons, tethered balloons, or other ascending items in violation of the provisions of relevant laws and regulations on the management of flight airspace shall be detained for not less than five days nor more than 10 days if the circumstances are relatively serious.
Whoever illegally crosses the national border (border area) by flying or releasing the items specified in the preceding paragraph shall be detained for not less than 10 days nor more than 15 days.
Section 3 Acts Infringing upon Personal Rights or Property Rights and Punishments
Article 47 Whoever commits any of the following conduct shall be detained for not less than 10 days nor more than 15 days and be fined not less than 1,000 yuan nor more than 2,000 yuan; and if the circumstances are relatively minor, shall be detained for not less than five days nor more than 10 days and be fined not more than 1,000 yuan:
(1) Arranging for, coercing, or inducing any minor under the age of 16 or any disabled person to make terrific or cruel performances.
(2) Forcing any other person to work by violence, threat, or other means.
(3) Illegally restricting the personal freedom of any other person, illegally trespassing into the residence of any other person, or illegally searching the body of any other person.
Article 48 Whoever arranges for or coerces the minors to engage in paid companion services such as drinking and singing at business premises that are inappropriate for the minors shall be detained for not less than 10 days nor more than 15 days and be fined not more than 5,000 yuan; and if the circumstances are relatively minor, shall be detained for not more than five days or fined not more than 5,000 yuan.
Article 49 Whoever coerces, induces, or takes advantage of any other person to beg shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 2,000 yuan.
Whoever begs by repeatedly pestering, forcefully demanding, or other means of harassing others shall be detained for not more than five days or be warned.
Article 50 Whoever commits any of the following conduct shall be detained for not more than five days or be fined not more than 1,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than 10 days, and may be fined not more than 1,000 yuan:
(1) Threatening the personal safety of any other person by writing threatening letters or other methods.
(2) Publicly insulting any other person or fabricating facts to defame any other person.
(3) Fabricating facts to falsely accuse and frame any other person, with the intention of subjecting him or her to criminal punishment or public security administration punishment.
(4) Threatening, insulting, assaulting, or retaliating against the witness or any of his or her close relatives.
(5) Disrupting the normal life of any other person by repeatedly sending pornographic, insulting, threatening, or other information many times, or by harassing, pestering, stalking, or other methods.
(6) Peeping at, secretly taking photos of, eavesdropping, or spreading the privacy of any other person.
Whoever commits the conduct of harassing, pestering, or stalking specified in subparagraph (5) of the preceding paragraph may, in addition to being punished in accordance with the provisions of the preceding paragraph, be ordered to refrain from contacting the victim for a certain period of time with the approval of the person in charge of the public security authority. Whoever violates the provisions on prohibiting contact shall be detained for not less than five days nor more than 10 days and may be fined not more than 1,000 yuan.
Article 51 Whoever assaults any other person or intentionally injures the body of any other person shall be detained for not less than five days nor more than 10 days and be fined not less than 500 yuan nor more than 1,000 yuan; and if the circumstances are relatively minor, shall be detained for not more than five days or be fined not more than 1,000 yuan.
Whoever falls under any of the following circumstances shall be detained for not less than 10 days nor more than 15 days and be fined not less than 1,000 yuan nor more than 2,000 yuan:
(1) Ganging up to assault or injure any other person.
(2) Assaulting or injuring any person who is disabled, pregnant, under the age of 14, or over 70 years old.
(3) Assaulting or injuring any other person many times, or assaulting or injuring multiple people at one time.
Article 52 Whoever molests any other person shall be detained for not less than five days nor more than ten days. Whoever molests a person with mental illness or a person with intellectual disability or a minor under the age of 14, or falls under any other serious circumstance shall be detained for not less than ten days nor more than 15 days.
Whoever deliberately exposes his or her private body parts at a public place shall be warned or fined not more than 500 yuan; and if the circumstances are execrable, shall be detained for not less than five days nor more than 10 days.
Article 53 Whoever commits any of the following conduct shall be detained for not more than five days or warned; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than ten days and may be fined not more than 1,000 yuan:
(1) The violator abuses any family member, and the abused person or his or her guardian requests handling.
(2) A person who has the duty of guardianship or care for the minors, the elderly, the sick, or the disabled, among others, abuses a person under his or her guardianship or care.
(3) The violator abandons any person who has no ability to live independently and shall be supported by him or her.
Article 54 Whoever forcibly trades in any goods or forces any other person to provide or accept services shall be detained for not less than five days nor more than 10 days and be fined not less than 3,000 yuan nor more than 5,000 yuan; and if the circumstances are relatively minor, shall be detained for not more than five days or be fined not more than 1,000 yuan.
Article 55 Whoever incites hatred or discrimination among ethnic groups, or publishes any content discriminating or insulting any minority ethnic group in publications or information networks shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 3,000 yuan; and if the circumstances are relatively minor, shall be detained for not more than five days or be fined not more than 3,000 yuan.
Article 56 Whoever sells or provides personal information to others in violation of the relevant provisions issued by the state shall be detained for not less than ten days nor more than 15 days; and if the circumstances are relatively minor, shall be detained for not more than five days.
Whoever steals or illegally obtains personal information by other means shall be punished in accordance with the provisions of the preceding paragraph.
Article 57 Whoever falsely claims, conceals, destroys, discards, resells, opens without authorization, or illegally inspects the mail or express mail of any other person shall be warned or fined not more than 1,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than 10 days.
Article 58 Whoever commits theft, fraud, pillaging, robbery, or extortion shall be detained for not less than five days nor more than 10 days or be fined not more than 2,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 3,000 yuan.
Article 59 Whoever intentionally damages public or private property shall be detained for not more than five days or be fined not more than 1,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than ten days and may be fined not more than 3,000 yuan.
Article 60 Where anyone bullies a student by assaulting, insulting, intimidating, or other methods in violation of public security administration, the public security authority shall, in accordance with the provisions of this Law and the Law of the People's Republic of China on the Prevention of Juvenile Delinquency, impose a public security administration punishment and take corresponding correction and education and other measures against him or her.
If a school, in violation of the provisions of relevant laws and regulations, fails to report or handle serious student bullying or any other crime harming minor students in accordance with the applicable provisions although it knows such fact, it shall be ordered to take corrective action, and the relevant department shall be proposed to take disciplinary actions against the directly liable person in charge and other directly liable persons of the school in accordance with the law.
Section 4 Acts Impeding Social Administration and Punishments
Article 61 Whoever commits any of the following conduct shall be warned or fined not more than 500 yuan; and if the circumstances are serious, shall be detained for not less than five days nor more than 10 days and may be fined not more than 1,000 yuan:
(1) Refusing to execute the decision or order lawfully issued by the people's government in a state of emergency.
(2) Obstructing any staff member of the state authority from performing his or her duties in accordance with the law.
(3) Obstructing the passage of any fire engine, ambulance, engineering rescue vehicle, or police car executing the aforesaid emergency tasks, or any special vessel executing the aforesaid emergency tasks.
(4) Forcibly rushing into the warning area, warning zone, or checkpoint delimited by the public security authority.
Whoever obstructs any police officer from performing his or her duties in accordance with the law shall be given a heavier punishment.
Article 62 Whoever practices fraud by impersonating any staff member of the state authority shall be detained for not less than ten days nor more than 15 days and may be fined not more than 1,000 yuan; and if the circumstances are relatively minor, shall be detained for not less than five days nor more than ten days.
Whoever practices fraud by impersonating any serviceman or police officer shall be given a heavier punishment.
Whoever practices fraud by stealing and using or by falsely using the identity or name of an individual or an organization or by using any other false identity shall be detained for not more than five days or be fined not more than 1,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than 10 days and may be fined not more than 1,000 yuan.
Article 63 Whoever commits any of the following conduct shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 5,000 yuan; and if the circumstances are relatively minor, shall be detained for not less than five days nor more than 10 days, and may be fined not more than 3,000 yuan:
(1) Forging, altering, or trading in any official document, certificate, certification document, or seal of any state authority, people's organization, enterprise, public institution, or any other organization.
(2) Leasing or lending any official document, certificate, certification document, or seal of any state authority, people's organization, enterprise, public institution, or any other organization for illegal use by any other person.
(3) Trading in or using any forged or altered official document, certificate, certification document, or seal of any state authority, people's organization, enterprise, public institution, or any other organization.
(4) Forging, altering, or reselling train tickets, ship tickets, air tickets, tickets for cultural and artistic performances, tickets for sports competitions, or other valuable tickets or vouchers.
(5) Forging or altering ship registration plates, trading in or using any forged or altered ship registration plates, or altering the engine numbers of ships.
Article 64 Where a vessel enters or docks at waters or islands prohibited or restricted from entry by the state without authorization, the person in charge of the vessel and other relevant liable persons shall be fined not less than 1,000 yuan nor more than 2,000 yuan; and if the circumstances are serious, shall be detained for not more than five days and may be fined not more than 2,000 yuan.
Article 65 Whoever commits any of the following conduct shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 5,000 yuan; and if the circumstances are relatively minor, shall be detained for not less than five days nor more than 10 days or be fined not less than 1,000 yuan nor more than 3,000 yuan:
(1) Carrying out activities in the name of an unregistered social organization, such as a social group, foundation, or social service institution, in violation of the relevant provisions issued by the state, and continuing to carry out activities after the activities are banned.
(2) Carrying out activities in the name of a social organization, such as a social group, foundation, or social service institution, that has been lawfully deregistered or of which the registration certificate has been revoked in accordance with the law.
(3) Engaging in any industry that shall be subject to the licensing of the public security authority in accordance with relevant provisions issued by the state without licensing.
The conduct specified in subparagraph (3) of the preceding paragraph shall be banned. If the conduct is committed again within one year after a ban is imposed, the violator shall be detained for not less than ten days nor more than 15 days and be fined not less than 3,000 yuan nor more than 5,000 yuan.
If a business that has obtained a license from the public security authority violates the relevant administrative regulations of the state, and the circumstances are serious, the public security authority may revoke the license.
Article 66 Whoever incites or plans any illegal assembly, parade, or demonstration and disregards persuasion shall be detained for not less than 10 days nor more than 15 days.
Article 67 Where anyone fails to register the name, type or number of the valid identity certificate or other information of any guest as required in hotel business operations, or provides accommodation services to any person whose identity is unknown or who refuses to register his or her identity information, the directly liable person in charge and other directly liable persons shall be fined not less than 500 yuan nor more than 1,000 yuan; and if the circumstances are relatively minor, shall be warned or fined not more than 500 yuan.
Whoever commits the conduct specified in the preceding paragraph, thereby hindering the progress of the counterterrorism work and violating the provisions of the Counterterrorism Law of the People's Republic of China, shall be punished in accordance with such provisions.
If any of the following conduct is committed in the operations of the hotel industry, the directly liable person in charge and other directly liable persons shall each be fined not less than 1,000 yuan nor more than 3,000 yuan; and if the circumstances are serious, shall be detained for not more than five days and may be fined not less than 3,000 yuan nor more than 5,000 yuan:
(1) Failing to stop the guest from bringing hazardous substances into the accommodation area in violation of any provisions, although knowing such fact.
(2) Failing to report to the public security authority, although knowing that the guest is a criminal suspect or is wanted by the public security authority.
(3) Failing to report to the public security authority, although knowing that a guest is using the hotel to commit criminal activities.
Article 68 A lessor of a house who leases the house to a person whose identity is unknown or who refuses to register his or her identity information, or fails to register the name, type, and number of the valid identity certificate or any other information of the lessee according to the relevant provisions shall be fined not less than 500 yuan nor more than 1,000 yuan; and if the circumstances are relatively minor, shall be warned or fined not more than 500 yuan.
A lessor of a house who knows that the lessee is committing any crime by using the rented house but fails to report it to the public security authority shall be fined not less than 1,000 yuan nor more than 3,000 yuan; and if the circumstances are serious, shall be detained for not more than five days and may be fined not less than 3,000 yuan nor more than 5,000 yuan.
Article 69 Any business of an entertainment venue or official seal engraving, motor vehicle repair, or the scrapped motor vehicle recycling industry that fails to register relevant information in accordance with relevant laws and regulations shall be warned. If the violator refuses to take corrective action or causes consequences, the directly liable person in charge and other directly liable persons shall be detained for not more than five days or be fined not more than 3,000 yuan.
Article 70 Whoever illegally installs, uses, or provides special equipment for eavesdropping or secret photographing shall be detained for not more than five days or be fined not less than 1,000 yuan nor more than 3,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than ten days and be fined not less than 3,000 yuan nor more than 5,000 yuan.
Article 71 Whoever commits any of the following conduct shall be fined not less than 1,000 yuan nor more than 3,000 yuan; and if the circumstances are serious, shall be detained for not less than five days nor more than 10 days and be fined not less than 1,000 yuan nor more than 3,000 yuan:
(1) A pawnbroking industry worker fails to check the relevant certificate or undergo registration formalities for any pawn accepted by him or her, or in violation of the provisions issued by the state, fails to report it to the public security authority although knowing that the pawner is a criminal suspect or the pawn is a booty.
(2) Purchasing any waste and old equipment specifically used for railways, oil fields, power supply, telecommunications, mines, water conservancy, survey, or urban public utilities, among others, in violation of the provisions issued by the state.
(3) Purchasing any booty or item suspected of being booties that are being searched by the public security authority.
(4) Purchasing other items prohibited by the state.
Article 72 Whoever commits any of the following conduct shall be detained for not less than five days nor more than 10 days and may be fined not more than 1,000 yuan; and if the circumstances are relatively minor, shall be warned or fined not more than 1,000 yuan:
(1) Concealing, transferring, selling, using without authorization, or damaging or destroying the property that has been impounded, placed under seal, frozen, retained, or first registered and preserved by the administrative agency of law enforcement in accordance with the law.
(2) Forging, concealing, or destroying evidence, or providing false testimony or giving false information on a case, thereby affecting the handling of a case by the administrative agency of law enforcement in accordance with the law.
(3) Knowingly harboring, transferring, or selling on behalf of any other person any booties.
(4) A criminal who is lawfully subject to the execution of surveillance or deprivation of political rights, is on probation, or is temporarily serving a sentence outside an incarceration facility or a person who is subject to compulsory criminal measures in accordance with the law violates any law, administrative regulation, or the provisions of a relevant department of the State Council on supervision and administration.
Article 73 Whoever commits any of the following conduct shall be warned or fined not more than 1,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than 10 days, and may be fined not more than 1,000 yuan:
(1) Violating the injunction or the decision on occupational prohibition in the criminal judgment of the people's court.
(2) Refusing to comply with the warning letter against domestic violence or sexual harassment issued by the public security authority in accordance with the Anti-domestic Violence Law of the People's Republic of China and the Law of the People's Republic of China on the Protection of the Rights and Interests of Women.
(3) Violating any protection measure legally taken by the oversight authority in the oversight work or by a judicial authority in criminal proceedings, which prohibits contact with witnesses, the identification or evaluation expert, and the victim and his or her close relatives.
Article 74 Where a person who has been lawfully detained for any illegal conduct escapes, he or she shall be detained for not less than 10 days nor more than 15 days; and if the circumstances are relatively minor, shall be detained for not less than five days nor more than 10 days.
Article 75 Whoever commits any of the following conduct shall be warned or fined not more than 500 yuan; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than 10 days and be fined not less than 500 yuan nor more than 1,000 yuan:
(1) Carving, defacing, or otherwise intentionally damaging cultural relics, scenic spots or historic sites protected by the state.
(2) Carrying out activities such as blasting, drilling, and excavation near any cultural relic protection entity in violation of the provisions issued by the state, thereby endangering the safety of cultural relics.
Article 76 Whoever commits any of the following conduct shall be fined not less than 1,000 yuan nor more than 2,000 yuan; and if the circumstances are serious, shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 2,000 yuan:
(1) Driving the motor vehicle of any other person without permission.
(2) Driving any aircraft or motor vessel without a driving license or driving the aircraft or motor vessel of any other person without permission.
Article 77 Whoever commits any of the following conduct shall be detained for not less than five days nor more than 10 days; and if the circumstances are serious, shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 2,000 yuan:
(1) Intentionally destroying or defiling the grave of any other person or damaging or discarding the remains or bone ashes of any other person.
(2) Placing a corpse at a public place or disrupting the order of normal life or work of any other person for parking a corpse, and disregarding persuasion.
Article 78 Whoever engages in prostitution or solicits prostitutes shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 5,000 yuan; and if the circumstances are relatively minor, shall be detained for not more than five days or be fined not more than 1,000 yuan.
Whoever solicits customers for any prostitute at a public place shall be detained for not more than five days or be fined not more than 1,000 yuan.
Article 79 Whoever induces or introduces any other person into prostitution or harbors prostitution shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 5,000 yuan; and if the circumstances are relatively minor, shall be detained for not more than five days or be fined not less than 1,000 yuan nor more than 2,000 yuan.
Article 80 Whoever produces, transports, duplicates, sells, or leases any pornographic book or periodical, picture, film, or audio and video recording, among others, or spreads any pornographic information through information networks, telephone, or other communication tools shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 5,000 yuan; and if the circumstances are relatively minor, shall be detained for not more than five days or be fined not less than 1,000 yuan nor more than 3,000 yuan.
If the minors are involved in the pornographic items or pornographic information specified in the preceding paragraph, a heavier punishment shall be imposed.
Article 81 Whoever commits any of the following conduct shall be detained for not less than 10 days nor more than 15 days and be fined not less than 1,000 yuan nor more than 2,000 yuan:
(1) Organizing the broadcasting of any pornographic audio and video recording.
(2) Organizing or making any pornographic performance.
(3) Participating in gang orgies.
Whoever provides conditions to any other person, although knowing that he or she engages in any of the activities specified in the preceding paragraph, shall be punished in accordance with the provisions of the preceding paragraph.
Whoever arranges for the minors to engage in the activities specified in paragraph 1 shall be given a heavier punishment.
Article 82 Whoever, for the purpose of making profits, provides conditions for gambling or participates in gambling with a relatively large amount of gambling stakes shall be detained for not more than five days or be fined not more than 1,000 yuan; and if the circumstances are serious, shall be detained for not less than 10 days nor more than 15 days and be fined not less than 1,000 yuan nor more than 5,000 yuan.
Article 83 Whoever commits any of the following conduct shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 5,000 yuan; and if the circumstances are relatively minor, shall be detained for not more than five days or be fined not more than 1,000 yuan:
(1) Illegally cultivating less than 500 opium poppy plants or a small number of other drug plants.
(2) Illegally trading in, transporting, carrying, or holding a small number of seeds or seedlings of opium poppy or other drug plants, which have not been inactivated.
(3) Illegally transporting, trading in, storing, or using a small number of poppy capsules.
Whoever commits the conduct specified in subparagraph (1) of the preceding paragraph but uproots the plants on his or her initiative before they are ripe shall not be punished.
Article 84 Whoever commits any of the following conduct shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 3,000 yuan; and if the circumstances are relatively minor, shall be detained for not more than five days or be fined not more than 1,000 yuan:
(1) Illegally holding less than 200 grams of opium or less than 10 grams of heroin or methyl amphetamine, or a small quantity of other drugs.
(2) Providing drugs to any other person.
(3) Taking or injecting drugs.
(4) Coercing or deceiving medical staff into prescribing any narcotic or psychotropic drug.
If people are gathered or organized to take or inject drugs, the ringleader and the organizer shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.
Whoever takes or injects drugs may, at the same time, be ordered not to enter entertainment venues and not to contact persons involved in drug-related violations of law and crimes without authorization for a period of six months to one year. Whoever violates the provisions shall be detained for not more than five days or be fined not more than 1,000 yuan.
Article 85 Whoever induces, instigates, or forces any other person to take or inject drugs or deceives any other person into taking or injecting drugs shall be detained for not less than ten days nor more than 15 days and be fined not less than 1,000 yuan nor more than 5,000 yuan.
Whoever allows any other person to take or inject drugs, or introduces the trade of drugs shall be detained for not less than 10 days nor more than 15 days and may be fined not more than 3,000 yuan; and if the circumstances are relatively minor, shall be detained for not more than five days or be fined not more than 1,000 yuan.
Article 86 Whoever, in violation of the provisions issued by the state, illegally produces, distributes, purchases, or transports raw materials or auxiliary materials for manufacturing drugs shall be detained for not less than 10 days nor more than 15 days; and if the circumstances are relatively minor, shall be detained for not less than five days nor more than 10 days.
Article 87 Where any employee of an entity of the hotel industry, catering service industry, culture and entertainment industry, or taxi industry secretly informs a person who commits the violation of law or crime when the public security authority investigates into or punishes any activity such as drug abuse, gambling, prostitution, or solicitation of prostitutes, or provides conditions for the aforesaid activities by other means shall be detained for not less than 10 days nor more than 15 days; and if the circumstances are relatively minor, shall be detained for not more than five days or be fined not less than 1,000 yuan nor more than 2,000 yuan.
Article 88 Whoever, in violation of the provisions of any law or regulation on the prevention and control of pollution by the noise emitted in the course of social activities, produces noise in the course of social activities, and fails to curb such noise after dissuasion, mediation, and handling by the primary self-governing mass organization, the owners' committee, the property service provider, or the relevant department in accordance with the law and continues to disrupt the normal life, work, and study of any other person shall be detained for not more than five days or be fined not more than 1,000 yuan; and if the circumstances are serious, shall be detained for not less than five days nor more than 10 days and may be fined not more than 1,000 yuan.
Article 89 Whoever raises any animal, which disrupts the normal life of any other person, shall be warned; and if he or she fails to take corrective action after being warned, or allows his or her animal to intimidate any other person, he or she shall be fined not more than 1,000 yuan.
Whoever, in violation of the provisions of any relevant law, regulation, or rule, sells or raises any dangerous animal such as a fierce dog shall be warned; and if he or she fails to take corrective action after being warned, or causes his or her animal to injure any other person, he or she shall be detained for not more than five days or be fined not more than 1,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than 10 days.
Whoever fails to take safety measures for an animal, causing the animal to injure any other person, shall be fined not more than 1,000 yuan; and if the circumstances are relatively serious, shall be detained for not less than five days nor more than 10 days.
Whoever drives an animal to injure any other person shall be punished in accordance with the provisions of Article 51 of this Law.
Chapter IV Punishment Procedures
Section 1 Investigation
Article 90 The public security authority shall immediately open a case and conduct an investigation into any of the cases of violations of public security administration reported by the reporting party, accuser, or informant, or cases where the violators of public security administration voluntarily surrender, as well as cases transferred by other state authorities. If it deems that the conduct does not constitute a violation of public security administration, it shall inform the reporting party, accuser, or informant, or the person who surrenders himself or herself, and explain the reason therefor.
Article 91 The public security authority and its police officers shall investigate public security cases in accordance with the law. Extorting confessions by torture or collecting evidence by intimidation, enticement, deception, or other illegal means is prohibited.
Evidence collected by illegal means shall not be taken as the basis for imposing punishments.
Article 92 A public security authority handling public security cases shall have the right to collect and obtain evidence from the relevant entities and individuals. Relevant entities and individuals shall truthfully provide evidence.
A public security authority shall, when collecting or requiring the submission of evidence from relevant entities and individuals, inform them that they shall truthfully provide evidence, and inform them of the legal liability that they shall assume for forging, concealing, or destroying evidence, or providing false testimony.
Article 93 The physical evidence, documentary evidence, audio and video recordings, electronic data, and other evidentiary materials collected in accordance with the law during the handling of a criminal case or before the law enforcement and case handling authority transfers a case may be used as evidence in a public security case.
Article 94 In handling public security cases, the public security authority and its police officers shall keep confidential the state secrets, trade secrets, individual privacy, or personal information involved.
Article 95 When a police officer falls under any of the following circumstances when handling a public security case, he or she shall be disqualified. The violator of public security administration, the victim, or his or her legal representative also has the right to request the police officer's disqualification:
(1) He or she is a party to the case or a close relative thereof.
(2) He or she or a close relative thereof is an interested party to the case.
(3) He or she has any other relationship with a party to the case, which may affect the impartial handling of the case.
The disqualification of the police officer shall be decided by the public security authority to which he or she belongs. The disqualification of the person in charge of a public security authority shall be decided by the public security authority at the next higher level.
Article 96 Where it is necessary to summon the violator of public security administration to accept investigation, a summons shall be used to summon him or her with the approval of the person in charge of the case handling department of the public security authority. With regard to a violator of public security administration found at the scene, the police officer may, after producing his or her police officer certificate, orally summon him or her, but shall indicate it in the interview transcripts.
The public security authority shall inform the summoned of the reasons and grounds for the summons. Whoever refuses to accept a summons or evades a summons without any justifiable reason may be forcibly summoned with the approval of the person in charge of the case handling department of the public security authority.
Article 97 The public security authority shall promptly conduct an interview and investigation after summoning a violator of public security administration and the time for the interview and investigation shall not exceed eight hours. If a large number of people are involved in the case and the identity of the violator of public security administration is unknown, the time for interview and investigation shall not exceed 12 hours. If the circumstances are complicated and the punishment of administrative detention may apply in accordance with the provisions of this Law, the time for interview and investigation shall not exceed 24 hours. When interviewing a violator of public security administration in law enforcement and case handling places, an audio and video recording of the entire process shall be made.
The public security authority shall inform family members of the summoned of the reason for and place of the summons in a timely manner.
During the period of interview and investigation, the public security authority shall ensure the food, necessary rest time, and other legitimate needs of the violator of public security administration.
Article 98 Interview transcripts shall be presented to the interviewed person for verification or read out to illiterate persons. If there is any omission or error in the transcripts, the interviewed person may request supplements or corrections. When the interviewed person confirms that there is no error in the transcripts, he or she shall affix his or her signature, seal, or fingerprint to the transcripts, to which the police officer who conducts the interview shall also affix his or her signature.
If the interviewed person requests the provision of written materials by himself or herself regarding the matters interviewed, such a request shall be permitted. When necessary, the police officer may also require the interviewed person to write by himself or herself.
To interview a violator of public security administration who is under the age of 18, his or her parents or any other guardian shall be notified to be present. If his or her parents or any other guardian is unable to be present, any other adult relative of the minor or a representative of his or her school or employer, a primary-level organization or a minor protection organization at the place of his or her residence, or any other appropriate adult may be notified to be present, and relevant information shall be recorded. If notification is impossible or the aforesaid party fails to be present after notification, it shall be indicated in the interview transcripts.
Article 99 The police officer may interview a victim or any other witness on the spot or at the entity where the victim or witness works, his or her residence, or any place proposed by him or her; and when necessary, the victim or the witness may also be notified to provide testimony at the public security authority.
To interview the victim or any other witness at any place other than the public security authority, the police officer shall produce his or her police officer certificate.
The provisions of Article 98 of this Law shall also apply to the interview of the victim or other witnesses.
Article 100 Where the violator of public security administration, the victim, or any other witness is in a different place, the public security authority may commission the public security authority at that place to interview the person on its behalf, or conduct the interview remotely through the video system of the public security authority.
If an interview is conducted through remote video, interview transcripts shall be read out to the interviewed person, and after the interviewed person confirms that there is no error in the transcripts, the police officer conducting the interview shall indicate it in the transcripts. An audio and video recording of the entire interview and reading process shall be made.
Article 101 In the interview of a violator of public security administration, a victim, or any other witness who is deaf or dumb, a person who has a command of the sign language or other means of communication shall be present to provide assistance, and it shall be indicated in the transcripts.
In the interview of a violator of public security administration, a victim, or any other witness who does not have a command of the language which is commonly used in the local area, an interpreter shall be assigned, and it shall be indicated in the transcripts.
Article 102 Where, for the purposes of ascertaining the facts of a case and determining certain characteristics, injuries, or physiological conditions of the violator of public security administration or the victim, it is necessary to conduct physical examination of the violator of public security administration or the victim or to extract or collect his or her portrait, fingerprint information, blood, urine, or any other biological sample, the examination shall be conducted after approval by the person in charge of the case handling department of the public security authority. The information or samples that have been extracted and collected shall not be extracted or collected again. The extraction or collection of information or samples of the victim shall be subject to the consent of the victim or his or her guardian.
Article 103 The public security authority may inspect the place related to the violation of public security administration or the body and items of the violator of public security administration. Not less than two police officers shall be assigned for the inspection, and they shall produce their police officer certificates.
If a place is inspected, the inspection shall be conducted with an inspection certificate with the approval of the person in charge of the public security authority of the people's government at or above the county level. If it is indeed necessary to conduct an immediate inspection, a police officer may conduct inspection on the spot by producing his or her police officer certificate, and an audio and video recording of the entire process shall be made. When inspecting a citizen's residence, an inspection certificate issued by the public security authority of the people's government at or above the county level shall be produced.
The body of a woman shall be checked by a female staff member or physician.
Article 104 Inspection transcripts shall be made, to which the inspector, the inspectee, and the witnesses shall affix their signatures, seals, or fingerprints; and if the inspectee is not present or the inspectee or the witness refuses to affix his or her signature, the police officer shall indicate it in the transcripts.
Article 105 When handling a public security case, the public security authority may impound the items that are related to the case and need to be taken as evidence; the property lawfully possessed by the victim or a bona fide third party shall not be impounded but shall be registered. However, the items that are related to the case and must be authenticated may be impounded, and the impoundment shall be released immediately after authentication. The items that are irrelevant to the case shall not be impounded.
For the impounded items, the police officer shall, jointly with the witnesses on the spot and the holder of impounded items, carefully check the impounded items and shall produce a checklist in duplicate on the spot, which shall bear the signatures or seals of the investigator, the witnesses, and the holder, with one copy kept by the holder and the other attached to case files for future reference.
The matter shall be reported to the person in charge of the public security authority for approval before the items are impounded. If the items are impounded on the spot due to any emergency or the low value of the items, the police officer shall promptly report to the person in charge of the public security authority to which he or she belongs and undergo approval formalities retroactively. If the person in charge of the public security authority deems it inappropriate to impound the items, the impoundment shall be removed immediately. If the impoundment is conducted on the spot, audio and video recordings of the entire process shall be made.
The impounded items shall be properly preserved and may not be used for any other purpose. The items that are not suitable for long-term preservation shall be disposed of according to relevant provisions. If it is ascertained that the impounded items are irrelevant to the case, or if it is verified that they are the lawful property of the victim or any other person, they shall be returned immediately after registration. If no person claims the right to the said property or the right holder cannot be identified within six months, the property shall be sold by open auction or be disposed of in accordance with the relevant provisions issued by the state, and the proceeds arising therefrom shall be turned over to the state treasury.
Article 106 Where it is necessary to resolve any disputed specialized issue in a case for the purpose of ascertaining case facts, a person with expertise shall be assigned or retained to conduct an authentication. After conducting the authentication, the person who conducts the authentication shall produce his or her authentication opinion, to which his or her signature shall be affixed.
Article 107 To ascertain case facts, the police officer may have the violator of public security administration, the victim, and other witnesses identify the places and items related to the violation of public security administration, may have the victim and other witnesses identify the violator of public security administration, or may have the violator of public security administration identify other violators of public security administration.
Identification transcripts shall be prepared for the identification, to which the signatures, seals, or fingerprints of the police officer and the identifier shall be affixed.
Article 108 When a public security authority conducts an interview, identification, or survey, takes administrative compulsory measures, and conducts other investigation and evidence collection work, there shall be not less than two police officers.
If a public security authority conducts an interview, impoundment, or identification at a law enforcement and case handling place that is properly set up and strictly managed, or conducts mediation, it may be conducted by a police officer.
If a police officer conducts an interview, impoundment, identification, or mediation in accordance with the provisions of the preceding paragraph, an audio and video recording of the entire process shall be made. If the synchronous audio and video recording of the entire process is not made as required or is damaged or lost, the relevant evidence cannot be taken as the basis for punishment.
Section 2 Decision
Article 109 A decision on imposing a public security administration punishment shall be made by the public security authority of the local people's government at or above the county level; in particular, a decision on giving a warning or imposing a fine of not more than 1,000 yuan may be made by a police station.
Article 110 For a person subject to the punishment of administrative detention upon decision, the time for restricting his or her personal freedom by compulsory measures taken before the imposition of punishment shall be counted into the period of administrative detention, with one day of personal freedom restriction counting as one day of administrative detention.
Article 111 The public security authority may, in the investigation and handling of a public security case, make a public security administration punishment decision if the violator makes no statement but the facts of the case can be proved by other evidence. However, if the violator makes statements without the support of other evidence, no public security administration punishment decision may be made.
Article 112 The public security authority shall, before making a public security administration punishment decision, inform the violator of public security administration of the content, facts, grounds, and basis for such punishment, and shall inform the violator of the rights that he or she enjoys in accordance with the law.
The violator of public security administration shall have the right to make statements and arguments. The public security authority must fully listen to the opinions of the violator of public security administration and review the facts, grounds, and evidence presented by the violator; and if the facts, grounds, or evidence presented by the violator of public security administration is tenable, the public security authority shall adopt them.
If the violator of public security administration is under the age of 18, the public security authority shall also inform his or her parents or any other guardian according to the provisions of the preceding two paragraphs and fully listen to their opinions.
The public security authority shall not impose an aggravated punishment on the violator of public security administration because the person has made his or her statements or arguments.
Article 113 The public security authority shall, after completing the investigation of a public security case, handle the case as follows according to different circumstances:
(1) If the illegal conduct that shall be subject to a public security punishment in accordance with the law has been committed, a punishment decision shall be made in light of the seriousness of circumstances and the specific circumstances of the case.
(2) If no punishment shall be imposed in accordance with the law or the facts of the violation of law are untenable, a decision not to impose a punishment shall be made.
(3) If the illegal conduct is suspected of constituting a crime, the case shall be transferred to the appropriate authority to hold the offender criminally liable in accordance with the law.
(4) If it is found that the violator of public security administration has committed any other illegal conduct, the public security authority shall notify or transfer the case to the appropriate authority for handling when it makes the punishment decision against the violation of public security administration.
To impose a public security administration punishment against a violation with complicated circumstances or major illegal conduct, the person in charge of the public security authority shall make a decision through group discussion.
Article 114 Under any of the following circumstances, before the public security authority makes a public security administration punishment decision, the person engaged in the legal review of the public security administration punishment decision shall conduct a legal review; and no decision shall be made without a legal review or if the legal review is not passed.
(1) Major public interest is involved.
(2) It is directly related to the major rights and interests of a party or a third party and has undergone the hearing procedure.
(3) The case is difficult and complicated and involves multiple legal relationships.
A person engaging in the legal review of a public security administration punishment decision for the first time in a public security authority shall pass the national uniform legal profession qualification examination and obtain the legal profession qualification.
Article 115 Where the public security authority makes a public security administration punishment decision, it shall make a written public security administration punishment decision. The written decision shall indicate:
(1) the name, gender, and age, the name and number of the identity certificate, and the address of the person subject to punishment;
(2) the facts and evidence of the violation;
(3) the type of punishment and the basis thereof;
(4) the method and time limit for the execution of punishment;
(5) the channels and time limit for applying for administrative reconsideration or filing an administrative lawsuit against the punishment decision; and
(6) the name of the public security authority that makes the punishment decision and the date when the decision is made.
The written decision shall bear the seal of the public security authority that makes the punishment decision.
Article 116 The public security authority shall announce the written public security administration punishment decision to the person subject to punishment and deliver it to him or her on the spot; and if it is impossible to announce the written decision to the person subject to punishment on the spot, the written decision shall be served on the person within two days. If an administrative detention punishment decision is made, the family members of the person subject to punishment shall be notified in a timely manner.
If there is any victim, the public security authority shall serve the written decision on the victim.
Article 117 The public security authority shall, before making a public security administration punishment decision of revoking the license or imposing a fine of not more than 4,000 yuan, or taking the measure of ordering the violator to cease operations for an overhaul, inform the violator of public security administration of the right to request a hearing. If the violator of public security administration requests a hearing, the public security authority shall promptly hold a hearing in accordance with the law.
When a minor may be subject to administrative detention in accordance with the provisions of paragraph 2 of Article 23 of this Law, the public security authority shall inform the minor and his or her guardian that they have the right to request a hearing; and when the minor and his or her guardian request a hearing, the public security authority shall promptly hold a hearing in accordance with the law. Hearings on cases involving the minors shall not be held in public.
For a case with complicated circumstances or a major social impact other than those specified in the preceding two paragraphs, if the violator of public security administration requests a hearing, the public security authority shall, when it deems necessary, promptly hold a hearing in accordance with the law.
The public security authority may not aggravate the punishment since the violator of public security administration requests a hearing.
Article 118 The time period for a public security authority to handle a public security case shall not exceed 30 days from the date when it opens the case; and if the case circumstances are significant and complicated, an extension of 30 days may be made with the approval of the public security authority at the next higher level. The extension may be made twice at the maximum. If an extension is required for the handling of a case by a police station, it shall be subject to approval by the public security authority to which the police station belongs.
The time period required for authentication for the purposes of ascertaining case facts and for a hearing shall not be included in the time period for handling the public security case.
Article 119 Where the facts of a violation of public security administration are clear and the evidence is conclusive, for which a warning shall be given or a fine of not more than 500 yuan shall be imposed, a public security punishment decision may be made on the spot.
Article 120 Where a public security administration punishment decision is made on the spot, the police officer shall produce his or her police officer certificate to the violator of public security administration and shall complete a written punishment decision. The written punishment decision shall be delivered to the person subject to punishment on the spot; and if there is any victim, the written decision shall be served on the victim.
The written punishment decision as mentioned in the preceding paragraph shall indicate the name of and violation committed by the person subject to punishment, the basis for imposing the punishment, the amount of the fine, time, place, and the name of the public security authority, and shall bear the signature or seal of the police officer handling the case.
If an on-the-spot punishment applies, and the person subject to punishment has no objection to the content, facts, grounds, and basis of the public security administration punishment to be given, a police officer may make a public security administration punishment decision, and an audio and video recording of the entire process shall be made.
If a public security administration punishment decision is made on the spot, the police officer handling the case shall, within 24 hours, report the matter to the public security authority to which he or she belongs for recordation.
Article 121 The person subject to punishment or the victim may legally apply for administrative reconsideration or file an administrative lawsuit against the public security administration punishment decision or the decision on collecting or recovering the proceeds made by or the relevant restrictive or prohibitive measures taken by the public security authority in accordance with the provisions of this Law.
Section 3 Execution
Article 122 A person subject to the punishment of administrative detention upon decision shall be sent by the public security authority that made the decision to the detention house for the execution of the decision. Upon the expiration of the period for the execution of the punishment, the detention house shall remove the detention as scheduled and issue a certificate of removal of detention.
If a person subject to the punishment of administrative detention upon decision is seized in a different place or it is necessary to execute such punishment in a detention house of a different place, the punishment may be executed in a different place with the approval of the public security authority in charge of the detention house of a different place.
Article 123 A person subject to a fine punishment shall pay the fine to the designated bank or through the electronic payment system within 15 days of receiving the written punishment decision. However, the police officer may collect the fine on the spot under any of the following circumstances:
(1) The person subject to punishment is fined not more than 200 yuan and raises no objection to the fine.
(2) In a remote area, on the water, in an area with inconvenient transportation, on a passenger train or at a port, after the public security authority and its police officer make a fine decision in accordance with the provisions of this Law, it is indeed difficult for the person subject to punishment to pay the fine to the designated bank or through the electronic payment system and the person subject to punishment states his or her difficulty.
(3) The person subject to punishment has no fixed residence in the local area, and it is difficult to collect the fine afterwards if the fine is not collected on the spot.
Article 124 A fine collected on the spot by a police officer shall be turned over to the public security authority to which the police officer belongs within two days from the date of collection. A fine collected on the spot on the water or a passenger train shall be turned over to the public security authority to which the police officer belongs within two days after the arrival at the port or station. The public security authority shall pay the fine to the designated bank within two days of receiving the fine.
Article 125 When a police officer collects a fine on the spot, he or she shall issue to the person subject to punishment a special receipt uniformly produced and issued by the finance department of the people's government at or above the provincial level; and if no such receipt is issued, the person subject to punishment shall have the right to refuse to pay the fine.
Article 126 Where the person subject to punishment who is dissatisfied with the administrative detention punishment decision files an application for administrative reconsideration or files an administrative lawsuit, he or she may file an application with the public security authority for suspending the execution of the administrative detention if he or she takes an entrance examination, his or her child is born, or his or her close relative has a critical illness or dies, among others. If the public security authority deems that the suspension of the execution of administrative detention will not cause danger to the society, after the person subject to punishment or his or her close relative proposes a guarantor who meets the conditions specified in Article 127 of this Law or pays a surety of 200 yuan per day for the administrative detention, the execution of the administrative detention punishment decision shall be suspended.
If a person who is currently under the punishment of administrative detention is involved in circumstances such as taking an entrance examination, the birth of his or her child, or the critical illness or death of his or her close relative, among others, and the detainee or his or her close relative applies for temporary release from the detention house, the public security authority shall handle the matter in accordance with the provisions of the preceding paragraph. The time period during which a detainee is temporarily released from the detention house shall not be included in the detention period.
Article 127 A guarantor shall meet the following conditions:
(1) The guarantor is not involved in this case.
(2) The guarantor enjoys political rights and his or her personal freedom is not restricted.
(3) The guarantor has a registered permanent residence and a fixed residence in the local area.
(4) The guarantor is able to fulfill the guarantee obligation.
Article 128 The guarantor shall guarantee that the guaranteed party will not evade the execution of the punishment of administrative detention.
If the guarantor fails to fulfill the guarantee obligation, which leads to the guaranteed party's evasion of the execution of the punishment of administrative detention, the public security authority shall impose a fine of not more than 3,000 yuan on the guarantor.
Article 129 Where a person subject to the punishment of administrative detention upon decision evades the execution of the punishment after the payment of the surety, and the suspension of the execution of administrative detention or his or her temporary release from the detention house, the surety shall be confiscated and turned over to the state treasury and the administrative detention decision that has been made shall still be executed.
Article 130 After an administrative detention punishment decision is revoked or after an administrative detention punishment begins to be executed or continues to be executed after the violator is temporarily released from the detention house, the surety collected by the public security authority shall be returned to the payer in a timely manner.
Chapter V Law Enforcement Supervision
Article 131 The public security authority and its police officers shall handle public security cases in a legal, impartial, strict, and efficient manner, enforce laws in a civilized manner, and shall not engage in malpractices for personal gain, neglect duty, or abuse power.
Article 132 In handling a public security case, the public security authority and its police officers shall not abuse, maltreat, or insult any violator of public security administration.
Article 133 In handling a public security case, the public security authority and its police officers shall voluntarily accept the supervision of the public and citizens.
If a public security authority or its police officer fails to strictly enforce the law or commits any violation of law or discipline when handling a public security case, any entity or individual shall have the right to file a report or accusation with the public security authority or the people's procuratorate or oversight authority, and the authority that receives the report or accusation shall promptly handle the case according to its duties.
Article 134 When making a public security administration punishment decision, if the public security authority discovers that the person subject to punishment is a public official and shall be subject to administrative disciplinary actions in accordance with the Law of the People's Republic of China on Administrative Disciplinary Actions against Public Officials, it shall promptly notify the oversight authority and other relevant entities in accordance with relevant provisions.
Article 135 When executing the fine punishment in accordance with the law, the public security authority shall, in accordance with the provisions of relevant laws or administrative regulations, separate the fine decision from the collection of the fine. All fines collected shall be turned over to the state treasury, shall not be returned or returned in disguise, and shall not be linked to funding guarantee.
Article 136 The records of violations of public security administration shall be sealed up for safekeeping and shall not be provided to any entity or individual or made public, except as required for handling a case by a state authority or inquiry by the relevant entity according to the relevant provisions issued by the state. Entities that make inquiries in accordance with the law shall keep confidential the circumstances of the sealed illegal records.
Article 137 A public security authority shall perform its duties of safety administration of the operation of synchronous audio and video recordings, improve technical measures, and maintain facilities and equipment on a periodical basis to ensure the continuous, stable, and safe operation of audio and video recording equipment.
Article 138 A public security authority and its police officers shall not use the personal information obtained in the course of handling public security cases or the relevant information and samples legally extracted or collected for purposes unrelated to public security administration or crime investigation and handling, or sell or provide such information and samples to any other entity or individual.
Article 139 Where a police officer commits any of the following conduct when handling a public security case, disciplinary actions shall be taken against him or her in accordance with the law; and if it is criminally punishable, the offender shall be held criminally liable in accordance with the law:
(1) Extorting a confession by torture, or physically punishing, abusing, maltreating, or insulting any other person.
(2) Restricting personal freedom by exceeding the time limit for the interview and investigation.
(3) Failing to carry out the system of separating the fine decision from the collection of a fine, failing to turn any confiscated property over to the state treasury according to relevant provisions, or failing to dispose of such property in accordance with the law.
(4) Privately dividing, embezzling, misappropriating, or intentionally damaging or destroying any collected, recovered, or impounded property.
(5) Using the property of a victim in violation of the relevant provisions or failing to return the property of a victim in a timely manner.
(6) Failing to return the surety in a timely manner in violation of relevant provisions.
(7) Taking advantage of his or her position to accept property from any other person or seeking other benefits.
(8) Failing to issue a special receipt for a fine collected on the spot or failing to truthfully enter the amount of a fine.
(9) Failing to dispatch the police to the scene in a timely manner after being requested to stop a violation of public security administration.
(10) Secretly informing the person who commits the violation of law or crime when investigating and handling a violation of public security administration.
(11) Divulging any work secret or other information that should be kept confidential in accordance with the law during the handling of a public security case.
(12) Using the personal information obtained in the course of handling a public security case, and relevant information and samples extracted and collected in accordance with the law for purposes unrelated to public security administration or crime investigation and handling, or selling or providing them to any other entity or individual.
(13) Editing, deleting, modifying, damaging, or losing synchronous audio and video recordings made in the handling of a public security case.
(14) Falling under other circumstances of engaging in malpractices for personal gain, neglecting duty, or abusing power, or failing to perform statutory duties in accordance with the law.
If the public security authority handling a public security case commits any of the conduct specified in the preceding paragraph, disciplinary actions shall be taken against the liable leader and directly liable persons in accordance with the law.
Article 140 Where a public security authority or its police officer infringes upon the lawful rights and interests of any citizen, legal person, or any other organization due to its or his exercise of power in violation of the law, the violator shall make an apology; and shall be liable for compensation if the violator causes any damage.
Chapter VI Supplemental Provisions
Article 141 Where it is prescribed in other laws that the punishment of administrative detention shall be imposed by the public security authority, the provisions of this Law shall apply to the punishment procedures thereof.
If the public security authority imposes punishments in accordance with laws and administrative regulations directly related to public security and the order of public security, such as the Gun Control Law of the People's Republic of China and the Regulation on the Safety Administration of Explosives for Civilian Use, the provisions of this Law shall apply to the punishment procedures thereof.
Any conduct that shall be subject to the punishment of administrative detention in accordance with the provisions of Article 32, 34, 46, or 56 of this Law and shall be subject to any other administrative sanction such as fine, confiscation of illegal proceeds, and confiscation of illegal property in accordance with the provisions of any other law or administrative regulation shall be punished by the appropriate authority in accordance with the corresponding provisions; and if the punishment of administrative detention shall be imposed, the public security authority shall handle the matter in accordance with the provisions of this Law.
Article 142 Coast guard agencies shall perform the duties of maritime security administration and exercise the functions and powers of public security authorities as prescribed by this Law, except as otherwise provided for by any law.
Article 143 The terms “not less than”, “not more than,” and “within” as referred to in this Law include the figure itself.
Article 144 This Law takes effect on January 1, 2026.