Administrative Law

Regulations Governing Reconsideration of Administrative Measures
(This is the text of original law, now no longer in effect)

Table of Content
Chapter I General Principles 

Chapter II Scope of Application for Consideration 

Chapter III Jurisdiction over Reconsiderations 

Chapter IV Reconsideration Agencies 

Chapter V Participants in Reconsiderations 

Chapter VI Request and Acceptance 

Chapter VII Hearing and Decision 

Chapter VIII Period of Time and Delivery 

Chapter IX Legal Responsibilities 

Chapter X Appendix 


Chapter I General Principles 

Article 1. These regulations are formulated on the basis of the Constitution and other relevant laws for the purpose of safeguarding and supervising administrative organs to exercise their powers and functions according to the law, preventing and rectifying specific illegal or inappropriate administrative measures, and protecting the legitimate rights and interests of citizens and legal persons. 

Article 2. Citizens, legal persons and other organizations who regard specific administrative measures taken by administrative departments as violating their legitimate rights and interests may apply to administrative authorities for reconsideration according to these regulations. 

Article 3. Organs handling the reconsideration should exercise their powers and functions according to the law; and other organs, social organizations and individuals should not interfere in violation of the law. 

Article 4. Reconsideration organs referred to in these regulations are administrative authorities which accept and re-examine the application for reconsideration and pass out a ruling on a specific administrative measure. Reconsideration agencies referred to in these regulations are agencies in charge of the work of reconsideration within the establishment of reconsideration organs. 

Article 5. A one-level reconsideration system is implemented in the reconsideration of administrative measures, unless otherwise specified by the laws and administrative statutes. 

Article 6. Reconsideration of administrative measures should be lawful, timely, accurate and convenient to the people. 

Article 7. Reconsideration organs should examine the legality and appropriateness of specific administrative measures according to the law. 

Article 8. Reconsideration organs should not apply mediation when examining cases of reconsideration. 


Chapter II Scope of Application for Consideration 

Article 9. A citizen, legal person or organization may apply to administrative authorities for reconsideration of specific administrative measures, which the citizen, legal person or organization refuses to accept, under the following circumstances 

(1) When administrative penalty involves detention, imposition of a fine, revoking a permit or license, an order to stop production or business and confiscation of property; 
(2) When a compulsory administrative measure restricts personal freedom, or confiscates, detains or freezes one's property; 

(3) When it is believed that the administrative department violates the right of self-management as prescribed in the laws and statutes; 

(4) When it is believed that the administrative department refuses to issue or does not respond to a legitimate application for a permit or license; 

(5) When the administrative department refuses to fulfil its legal responsibility of protecting the personal and property rights of individuals or does not respond to a request for doing so; 

(6) When it is believed that the administrative department fails to issue a lawful pension; 

(7) When it is believed that the administrative department's demand for fulfilling a duty is against the law; 

(8) When it is believed that the administrative department encroaches upon other personal and property rights of individuals; and 

(9) Other specific administrative measures, which the concerned may file an administrative lawsuit or request for reconsideration according to the provisions of laws and statutes. 

Article 10. No citizen, legal person or organization can use these regulations as grounds for requesting reconsideration of the following measures 

(1) Decision or orders with universal binding force on administrative laws, statutes, regulations and rules; 
(2) Decisions on reward and penalty or appointment and removal of government functionaries; 

(3) Arbitration, mediation and handling of civil disputes; and 

(4) Measures related to national defense and foreign affairs. 


Chapter III Jurisdiction over Reconsiderations 

Article 11. Reconsiderations requested due to disagreement with specific administrative acts performed by county or higher-level local people's government departments fall under the jurisdiction of people's governments at the next highest level. But they remain under the jurisdiction of people's governments of the same level when one of the following applies 

(1) When there is not a corresponding responsible department at the next highest level; or 
(2) When laws and regulations provide that they are under the jurisdiction of the people's government. 

Reconsiderations requested due to disagreement with specific administrative acts performed by State Council departments fall under the jurisdiction of departments which perform the acts. 
Article 12. Reconsiderations requested due to disagreement with specific administrative acts performed by people's governments at various levels fall under the jurisdiction of people's governments at the next highest level. 

Reconsiderations requested due to disagreement with specific administrative acts performed by people's governments in provinces, autonomous regions and municipalities directly under the central government fall under the jurisdiction of people's governments in provinces, autonomous regions and municipalities directly under the central government which perform the specific administrative acts. 

Article 13. Reconsiderations requested due to disagreement with specific administrative acts performed in the name of two or more administrative organs fall under the jurisdiction of the next highest administrative organ. 

Article 14. Reconsiderations requested due to disagreement with specific administrative acts performed by representative organs of county or higher-level local people's governments fall under the jurisdiction of people's governments which set up the representative organs. 

Reconsiderations requested due to disagreement with specific administrative acts performed by representative organs established by people's government departments and which perform those acts in their own names according to laws, regulations and rules fall under the jurisdiction of departments which set up the representative organs. 

Article 15. Reconsiderations requested due to disagreement with specific administrative acts performed by organizations authorized by laws, regulations and rules fall under the jurisdiction of administrative organs directly in charge of the organizations. 

Reconsiderations requested due to disagreement with specific administrative acts performed by commissioned organizations fall under the jurisdiction of administrative organs one level higher than administrative organs which authorize the commission. 

Article 16. Reconsiderations requested due to disagreement with specific administrative acts which require higher authorities' approval according to laws and regulations fall under the jurisdiction of administrative organs which authorize the final approval, except those which are prescribed otherwise by laws and regulations. 

Article 17. Reconsiderations requested due to disagreement with specific administrative acts performed by closed administrative organs prior to their closure fall under the jurisdiction of the administrative organ one level higher than organs which continue to exercise functions of the closed organs. 

Article 18. When a reconsideration organ finds that a case which it has accepted does not fall under its jurisdiction, it shall refer the case to the organ which has jurisdiction over the reconsideration. The organ which accepts the referral shall not refer the case to another organ again of its own accord. 

Article 19. When administrative organs dispute reconsideration jurisdiction, parties concerned shall settle the dispute through negotiations. When consultations fail, their upper administrative organ shall assign jurisdiction. Article 20. When an applicant requests reconsideration by two or more administrative organs invested with jurisdiction authority, the administrative organ which receives the written request for reconsideration first has jurisdiction. 

Article 21. When citizens, legal persons or other organizations submit complaints to petition departments within the legal period for submission of requests, petition departments shall inform petitioners to submit reconsideration requests to administrative organs with jurisdiction. 

Article 22. Other reconsideration jurisdictions shall be prescribed according to law and regulations. 


Chapter IV Reconsideration Agencies 

Article 23. In order to carry out operations, reconsideration organs should set up reconsideration agencies or full-time reconsideration staff within their own establishment. 

Article 24. Reconsideration agencies of local people's governments at and above the county level should be housed inside, or should share the office with government legal affairs agencies. 

Article 25. Reconsideration agencies or staff should perform the following duties under the leadership of reconsideration organs 

(1) Examine the legality of application for reconsideration; 
(2) Inquire into the parties in dispute and departments and personnel concerned to obtain proof and looking up documents and reference materials; 

(3) Organize the hearing of reconsideration cases; 

(4) Draft reconsideration decisions 

(5) Appear at the court to answer questions on behalf of the legal representatives of reconsideration organs; and 

(6) Other duties as prescribed in the laws and statutes. 


Chapter V Participants in Reconsiderations 

Article 26. Citizens, legal persons and other organizations who apply for reconsiderations in accordance with these regulations are applicants. 

A close relative may request reconsideration on behalf of a deceased citizen, who is entitled to apply for reconsideration. The legal representative may request reconsideration on behalf of a citizen, who is entitled to apply for reconsideration, but is declared as having no or limited self- conduct capability. 

When a legal person or organization entitled to apply for reconsideration ceases to exist another legal person or organization inheriting its rights may apply for reconsideration. 

Article 27. Other citizens, legal persons and organizations having conflicts of interest with specific administrative measures under reconsideration may, with the approval of reconsideration organs, participate in the reconsideration as third parties. 

Article 28. When a citizen, legal person or organization refuses to accept and requests reconsideration of a specific administrative measure taken by an administrative department, the administrative department is the addressee of reconsideration. 

When a specific administrative measure is jointly taken by and issued in the names of two or more administrative organs, they are the joint addressee of reconsideration. When a specific administrative measure is taken by an organization authorized by laws, statutes or rules and regulations, the organization is the addressee of reconsideration. When an organization takes a specific administrative measure on behalf of an administrative organ, the administrative organ is the addressee of reconsideration. 

When an organization making a specific administrative measure is abolished, the administrative organ which continues to perform the functions is the addressee of reconsideration. 


Chapter VI Request and Acceptance 

Article 29. Reconsiderations requested by citizens, legal persons and other organizations to competent administrative authorities should be submitted within 15 days after a specific administrative measure is taken, unless otherwise specified by laws and statutes. 

When a request fails to meet the legal deadline because of irresistible or other special factors, an application for extension can be made. However, approval for the extension application will be decided by competent administrative authorities. 

Article 30. Citizens, legal persons and other organizations, who have already filed lawsuits to and have been accepted by the people's courts, cannot request reconsideration. 

Citizens, legal persons and other organizations, who have already applied for reconsiderations to reconsideration organs, cannot file lawsuits to the people's courts within the legal time limit for reconsideration. 

Article 31. Application for reconsiderations should meet the following conditions 

(1) That the applicant believes that a specific administrative measure directly encroaches upon the legitimate rights and interests of citizens, legal persons or other organizations; 
(2) That there is a clearly defined applicant; 

(3) That there is a concrete request and proof for reconsideration; 

(4) That the request is within the scope of application for reconsideration; 

(5) That the request is under the jurisdiction of the reconsideration organ which accepts application; and 

(6) Other conditions stipulated in the laws and statutes. 

Article 32. When requesting reconsideration of specific administrative measures to administrative authorities, applicants should submit a statement of application for reconsideration. 
Article 33. A statement of application for reconsideration should include the following items 

(1) Name, sex, age, occupation and address of the applicant (title, address and the name of legal representative of a corporation or organization) ; 
(2) Title and address of the addressee of reconsideration; 

(3) Measures and reasons for requesting reconsideration; and 

(4) Date of reconsideration application filed. 

Article 34. Reconsideration organs should within 10 days after the receipt of reconsideration application 

(1) Accept the application when reconsideration requests meet the conditions prescribed in these regulations; 
(2) Reject and explain the reasons to the applicant when reconsideration requests fail to meet one of the conditions prescribed in Article 31; or 

(3) Return the application and set a time limit for making up any of the items listed in Article 33, which are missing from the application statement. An applicant, who fails to complete the statement within the time limit, can consider the application null and void. 

Article 35. When reconsideration organs refuse to accept or fail to reply to reconsiderations requested by citizens, legal persons and other organizations according to the law, administrative organs at the next higher level or administrative authorities designated by the laws and statutes should order the reconsideration organs to accept or reply to the requests. 
Article 36. Where a law or statute stipulates that a request for reconsideration should first be made to administrative authorities and then a lawsuit can be filed to the people's court, an applicant, who refuses to obey the reconsideration organ's decision to reject the request, may file a lawsuit to the people's court within 15 after the receipt of the decision, unless otherwise specified by laws and statutes. 


Chapter VII Hearing and Decision 

Article 37. Reconsideration of administrative measures should be handled in the form of written statements. However, reconsideration organs may hear cases of reconsideration in other forms when deemed necessary. 

Article 38. Reconsideration organs should send a copy of the reconsideration application to the addressee of reconsideration within seven days after the application is received. The addressee of reconsideration should submit to the reconsideration organs a statement of defense and relevant materials and proof of specific administrative measures within 10 days after the copy of reconsideration application is received. Failure to submit statements of defense will not affect reconsideration. 

Article 39. Enforcement of specific administrative measures should be continued during the reconsideration period, except under one of the following circumstances 

(1) That the addressee of reconsideration deems it necessary to stop the enforcement; 
(2) That the reconsideration organ deems it necessary to stop the enforcement; 

(3) That the reconsideration organ regards the applicant's request as reasonable and decides to stop the enforcement; or 

(4) That laws, statutes or rules and regulations stipulate that enforcement can be stopped. 

Article 40. Before a reconsideration decision is made, application for reconsideration may be withdrawn, provided the applicant withdraws the request and consents to the addressee's change in the specific administrative measure, with the approval of the reconsideration organ recorded on file. 
After a reconsideration request is withdrawn, application for reconsideration of the same administrative measure cannot be resubmitted under the same reasons. 

Article 41. When hearing reconsideration cases, reconsideration organs should be guided by the laws, administrative statutes, local statutes, rules and regulations and decisions and orders, which are formulated and promulgated by higher administrative authorities in accordance with the legal system and which have universal binding force. 

When hearing reconsideration cases in autonomous regions of minority nationalities, reconsideration organs should be guided by the regulations and specific regulations for autonomous regions. 

Article 42. After hearing a case, the reconsideration organ should make one of the following decisions 

(1) That the specific administrative measure is correct and should be upheld, because it is in line with the laws, statutes, rules, regulations, decisions and orders with universal binding force, is substantiated by facts, falls within the limits of authority as prescribed by law and is taken according to the legal procedures; 
(2) that there is a deficiency in the procedures of taking the specific administrative measure, which should be made up by the addressee; 

(3) that the addressee of reconsideration fails to perform the duties as prescribed by the laws, statutes, rules or regulations, and should fulfil the duties within a time limit; or 

(4) that the specific administrative measure should be revoked or changed and the addressee should take another administrative measure, because the specific measure has been taken under one of the following circumstances 

(a) that the main facts are not clear; 

(b) that the application of laws, statutes, rules, regulations, decisions or orders with universal binding force is incorrect; 

(c) that the specific administrative measure violates the legal procedures and affects the legitimate rights and interests of the applicant for reconsideration; 

(d) that the addressee has overstepped their authority and abused powers in taking the specific administrative measure; or 

(e) that the specific administrative measure is obviously improper. 

Article 43. When reviewing a case and discovering that the rules, regulations, decisions or orders with universal binding force, on which the specific administrative measure has been based, contravene the laws, statutes or other rules, regulations, decisions or orders with binding force, the reconsideration organ should revoke or change the specific measures according to the law and within the limits of authority. 
When the reconsideration organ believes that the rules, regulations, decisions or orders with universal binding force, on which a specific administrative measure has been based, contravene the laws, statutes or other rules, regulations, decisions or orders with binding force, but has no authority to handle the case, the reconsideration organ should report the case to a higher administrative department. When the higher administrative department still has no authority to handle the case, it should be submitted to the competent authorities for handling. During the period of handling, the reconsideration organ should stop reviewing the case. 

Article 44. When an applicant requests compensation for the damage caused by a specific administration measure to his or her legitimate rights and interests, the reconsideration organ may order the addressee to pay damages in accordance with the provisions of relevant laws and statutes. 

After paying damages, the addressee should instruct the office personnel, who have made a deliberate or grave error, to assume partial or whole payment of the damages. 

Article 45. In deciding a case, the reconsideration organ should work out a statement of decision on reconsideration, which includes the following items 

(1) Name, sex, age, occupation and address of the applicant for reconsideration (title, address and name of the legal representative of a corporation or other organization) ; 
(2) title, address and name and job title of the legal representative of the addressee of reconsideration; 

(3) main contents and reasons for the application for reconsideration; 

(4) facts and reasons verified and the laws, statutes, rules, regulations, decisions or orders with universal binding force used by the reconsideration organ; 

(5) conclusion of the reconsideration; (6) time limit to file a lawsuit to the people's court when the party concerned refuses to accept the decision on reconsideration, or time limit for the party concerned to comply with a specific administrative measure when a final decision on reconsideration is made; and 

(7) the day, month and year the reconsideration decision was made. 

A statement of decision on reconsideration should be signed by the legal representative and stamped with the seal of the reconsideration organ. 

Article 46. The reconsideration organ should make a decision within two months of receipt of a reconsideration request, except otherwise specified by laws and statutes. 

A decision on reconsideration shall have a legal effect upon delivery to parties concerned. 

Article 47. Except for reconsideration decisions declared by the laws as final, an applicant, who refuses to accept the reconsideration decision, may file a lawsuit to the people's court within 15 days of receipt of the reconsideration statement or within other time limits prescribed by laws and statutes. 

An applicant, who does not file a lawsuit within the time limit and fails to comply with the reconsideration decision, will be handled in the following manner, depending on the differences in each case 

(1) When the reconsideration decision upholds the original administrative measure, the administrative organ which has made the specific measure will enforce or request the people's court to enforce the decision according to law; 

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Administrative Punishment Law of the People's Republic of China
(Adopted at the fourth session of the Eighth National People's Congress on March 17, 1996) 

Table of Contents
Chapter I. General Provisions 

Chapter II. Types and Establishment of Administrative Punishments 

Chapter III. Organs Administering Administrative Punishments 

Chapter IV. Jurisdiction and Application of Administrative Punishments 

Chapter V. Decisions on Administrative Punishments 

Section 1. Simple Procedures 

Section 2. General Procedures 

Section 3. Procedure of Hearing 

Chapter VI. Execution of administrative punishments 

Chapter VII. Legal liability 

Chapter VIII. Supplementary provisions 

Chapter I. General Provisions 

Article 1. This law is enacted pursuant to the constitution, with a view to standardizing the establishment and administration of administrative punishments, guaranteeing and supervising the effective enforcement of executive commands by administrative organs, safeguarding public interests and social order, and protecting the legitimate rights and interests of citizens, legal persons or other organizations. 

Article 2. This law is applicable to the establishment and administration of administrative punishments. 

Article 3. The violations of the order of executive commands by citizens, legal persons or other organizations that merit administrative punishments shall be stipulated by laws, regulations or rules according to this law and the punishments are to be administered by administrative organs according to procedures stipulated in this law. 

Administrative punishments are invalid without legal basis or without following legal proceedings. 

Article 4. Administrative punishments follow the principle of fairness and openness. 

The establishment and administration of an administrative punishment must be based on facts and be corresponding to the facts, nature and circumstances of the offence against the law as well as the degree of its harm to society. 

The rules governing the meting out of administrative punishments for offences against the law must be promulgated; rules not promulgated shall not become the basis for administrative punishments. 

Article 5. The combination of punishments and education shall be upheld in administering administrative punishments and correcting offences against the law, so as to teach citizens, legal persons or other organizations to abide by the law consciously. 

Article 6. Citizens, legal persons or other organizations to which administrative organs have given administrative punishments enjoy the rights of statement and defense. If they do not agree with the administrative punishments, they have the right to apply for administrative reconsideration or to initiate administrative proceedings. 

Where citizens, legal persons or other organizations suffer losses from administrative punishments, which are illegally meted out by administrative organizations, they have the right to demand compensation. 

Article 7. Where citizens, legal persons or other organizations, which receive administrative punishments for violations of the law, cause losses to others with their offences against the law, they shall bear civil liability. 

Where offences against the law constitute crime, investigation shall be conducted to determine criminal responsibility; administrative punishments are not to replace criminal punishments. 


Chapter II. Types and Establishment of Administrative Punishments 

Article 8. Types of administrative punishments: 

(1) warning; 
(2) fines; 

(3) confiscating illegally-gained income and property; 

(4) ordering the suspension of production and operations; 

(5) provisionally suspending or revoking permits or licences; 

(6) administrative detention; 

(7) other administrative punishments stipulated in laws and administrative regulations. 

Article 9. Various types of administrative punishments can be established by laws. 
Administrative punishments that restrict personal freedom can only be established by laws. 

Article 10. Administrative regulations may establish administrative punishments exclusive of those restricting personal freedom. 

Where the law has stipulated administrative punishments for offences against law, but specific stipulations are necessary in administrative regulations, stipulations on the behavior that should receive administrative punishments and the types and extent of punishments must be formulated within the limits provided by law. 

Article 11. Local laws and regulations may establish administrative punishments exclusive of those restricting personal freedom and revoking operation licences of enterprises. 

Where the law and administrative regulations have stipulated administrative punishments on the offences against law, but specific stipulations are necessary in local laws and regulations, stipulations on the behaviour that should receive administrative punishments and the types and extent of punishments must be formulated within the limits provided by law and administrative regulations. 

Article 12. Rules and regulations formulated by ministries and commissions under the State Council may, within the limits provided by law and administrative regulations, make specific stipulations on the behaviour that should receive administrative punishments and on types and extent of the punishments. 

For behaviour that has not yet been subject to any laws or administrative regulations and behaviour violating the order of executive commands as stated in the aforementioned rules and regulations formulated by ministries and commissions under the State Council, administrative punishments, such as warnings and a certain amount of fine, may be established. The amounts of the fines are to be stipulated by the State Council. 

The State Council may authorize its directly subordinate organs that have the right of administrative punishment to make stipulations on administrative punishments according to the first and second paragraphs of this article. 

Rules and regulations formulated by provincial, autonomous regional and municipal people's governments; people's governments of cities where provincial and autonomous regional people's governments are located; and people's governments of larger cities, with the State Council's approval, may provide specific stipulations on the behaviour that should receive administrative punishments and types and extent of the punishments within the limits provided by law, rules and regulations. 

For behaviour which has not been subject to any laws or regulations yet and behaviour violating the order of executive commands as stated in the aforementioned rules and regulations formulated by people's governments, administrative punishments, such as warnings and a certain amount of fine, may be established. The amounts of the fines are to be stipulated by standing committees of provincial, autonomous regional, or municipal people's congresses. 

Article 14. Except for the stipulations in Articles 9, 10, 11, 12 and 13 of this law, other regulatory documents are not to establish administrative punishments. 


Chapter III. Organs Administering Administrative Punishments 

Article 15. Administrative punishments are administered by administrative organs with the right of administrative punishment within the limits of their legal powers. 

Article 16. The State Council or provincial, autonomous regional and municipal people's governments authorized by the State Council may designate an administrative organ to exercise the right of administrative punishment of relevant administrative organs, but the right of administrative punishment that restricts personal freedom can be exercised only by public security organs. 

Article 17. Organizations authorized by laws and regulations to manage public affairs may administer administrative punishments within the limits of their legal authority. 

Article 18. According to the stipulations in laws, rules or regulations, administrative organs may, within the limits of their legal powers, entrust organizations that meet the stipulations in Article 19 of this law to administer administrative punishments. Administrative organs shall not entrust other organizations or individuals to administer administrative punishments. 

The entrusting administrative organs shall be responsible for the entrusted organizations' behavior of administering administrative punishments and bear legal responsibility for the consequences of the behavior. 

Within the scope of what they are entrusted, the entrusted organizations shall administer administrative punishments in the name of the entrusting administrative organs, and shall not re-entrust any other organizations or individuals to administer the administrative punishments. 

Article 19. The entrusted organizations shall meet the following requirements: 

(1) they shall be the institutions established according to law and managing public affairs; 
(2) they shall have staff who are familiar with relevant laws, rules, regulations and operations; 

(3) they shall be able to organize and conduct corresponding technical inspection or evaluation on offences against the law when necessary. 



Chapter IV. Jurisdiction and Application of Administrative Punishments 
Article 20. Administrative punishments are under the jurisdiction of an administrative organ with administrative punishment authority under the local people's government at or above the county level in the place where the unlawful acts take place, unless otherwise specified by law or administrative regulations. 

Article 21. When the jurisdiction over a case is in dispute, the disputing parties shall refer the case for a decision to an administrative organ at a higher level which has jurisdiction over them . 

Article 22. When unlawful acts amount to crimes, the administrative organ in charge must refer the case to a judicial organ for investigation of criminal liability according to the law. 

Article 23. In carrying out administrative punishments, administrative organs should order parties concerned to correct their unlawful acts or to correct them within a specified period. 

Article 24. Parties concerned must not be given the administrative punishment of paying fine two or more times for one unlawful act. 

Article 25. Persons under 14 years of age are not to be given administrative punishments for their unlawful acts; instead, their custodians are to be ordered to discipline them. Persons over 14 but under 18 years of age are to be given lenient or reduced administrative punishments for their unlawful acts. 

Article 26. Mentally sick persons are not to be given administrative punishments for their unlawful acts if these acts are committed when they are unable to judge or control themselves; instead, their custodians are to be ordered to keep them under close watch and to send them for medical treatment. Persons suffering from intermittent insanity shall be given administrative punishments for their unlawful acts if these acts are committed when they are mentally normal. 

Article 27. Parties concerned who meet one of the following conditions shall be given lenient or reduced administrative punishments according to the law: 

(1) who voluntarily eliminate or reduce the damaging consequences resulting from their unlawful acts; 
(2) who commit unlawful acts under other people's coercion; 

(3) who have won credit in helping administrative organs investigate unlawful acts; 

(4) other people who are given lenient or reduced administrative punishments. 

Those whose unlawful acts are minor and have not resulted in damaging consequences and who promptly correct their mistakes are not to be given administrative punishments. 

Article 28. If those whose unlawful acts amount to crimes have been put under administrative detention by an administrative organ and also have been sentenced to criminal detention or prison terms by a people's court, their criminal detention or prison terms shall be reduced accordingly. 
If those whose unlawful acts amount to crimes have been fined by an administrative organ and are again ordered by a people's court to pay a fine, the amount of fine shall be reduced accordingly. 

Article 29. Unless otherwise specified by law, those whose unlawful acts are not discovered within two years are not to be given administrative punishments. 

The aforementioned time limit is computed from the date when the unlawful acts take place; if the unlawful acts continue or of a continuous nature, the time limit is computed from the date when the unlawful acts terminate. 


Chapter V. Decisions on Administrative Punishments 

Article 30. If citizens, legal persons or other organizations shall be given administrative punishments according to the law for violating administrative management order, administrative organs must find out the facts; those whose unlawful acts are not clearly proved are not to be given administrative punishments. 

Article 31. Before making the decision to impose administrative punishments, administrative organs shall notify the parties concerned the facts, reasons and grounds on which the decision is made, as well as the rights that the parties concerned enjoy according to the law. 

Article 32. Parties concerned have the right to make a statement and to defend themselves. Administrative organs must fully hear the opinion of the parties concerned and shall verify the facts, reasons and evidence presented by the parties concerned. Administrative organs shall accept the facts, reasons and evidence presented by the parties concerned if these facts, reasons and evidence are valid. 

Administrative organs must not increase punishments for the parties concerned because they have defended themselves. 

Section 1. Simple Procedures 

Article 33. If, in a violation of the law where irrefutable facts can be produced and a legal basis provided for its handling, a civilian is liable to a fine of under 50 yuan and a legal person and other organizations are liable to a fine under 1,000 yuan or are liable to such administrative punishment as a warning, a decision on administrative punishment can be made on the spot. The relevant party should execute the decision on administrative punishment in accordance with Articles 46, 47 and 48 of this law. 

Article 34. When making an on-the-spot decision on administrative punishment, a law enforcement person should show his law enforcement identity card to the relevant party, fill out a numbered administrative punishment form, and give it to the relevant party on the spot. 

The administrative punishment form should explicitly contain the details of the relevant party's violation of the law; the basis for the administrative punishment; the amount, time and location of the fine; and the name of the administrative department. The law enforcement person should sign or seal the completed form. 

The law enforcement person should report this decision on administrative punishment to his administrative department for filing purposes. 

Article 35. If the relevant party does not agree with the on-the-spot decision on administrative punishment, he may apply for an administrative review or file an administrative lawsuit. 

Section 2. General Procedures 

Article 36. Apart from meting out an on-the-spot administrative punishment in accordance with Article 33 of this law, if an administrative department discovers any behavior by a civilian, a legal person or other organizations is liable to administrative punishment, it must completely, objectively and justly investigate the case and collect the relevant evidence; if necessary, it should conduct an inspection in accordance with law and regulations. 

Article 37. When an administrative department conducts an investigation or inspection, there must be present at least two law enforcement personnel, who must produce their identity cards to the relevant party. The relevant party should truthfully answer questions and cooperate in the investigation or inspection; no obstruction is allowed. Notes must be taken during questioning or inspection. 

An administrative department may conduct a sample survey in the course of collecting evidence. To prevent possible loss of evidence, and because it may be hard to obtain such evidence, it may be stored with registration on the approval of the person in charge of the administrative department. A decision should be made within seven days on how to handle it. During this period, the relevant party or other personnel are not allowed to destroy or transfer the evidence. 

If the law enforcement person and the relevant party have direct common interests, avoidance is necessary. 

Article 38. After the investigation, the person in charge of the administrative department should examine the investigation results and make one of the following decisions according to the merit of each case: 

(1) A decision on meting out administrative punishment to violations of law liable to administrative punishment, taking account of the seriousness of each case and its specific conditions. 

(2) A decision on not meting out administrative punishment to slight violations of law that are not liable to administrative punishment. 

(3) A decision on not applying administrative punishment to a case in which the facts cannot prove a violation of law. 

(4) A decision on submitting to a judicial department a case in which violations of law constitute criminal offences. 

The person in charge of the administrative department should conduct a collective discussion to decide a major administrative punishment on a complicated case or a major violation of the law. 

Article 39. When administrative organs impose administrative punishments according to Article 38 of this law, they shall prepare an administrative punishments decision letter. The letter shall contain the following: 

(1) the names and addresses of the parties concerned; 
(2) the facts and evidence of violation of the law, regulations or rules; 

(3) the type of administrative punishments to be imposed and the grounds for imposing these punishments; 

(4) the manner and period of carrying out the administrative punishments; 

(5) if the parties concerned do not agree with the administrative punishments decision, the channels and deadline for application for administrative reconsideration or for filing an administrative lawsuit; 

(6) the name of the administrative organ that makes the administrative punishments decision and the date the decision is made . 

The administrative punishments decision letter must be stamped with the seal of the administrative organ that makes the decision. 

Article 40. The administrative punishments decision letter shall be handed to the parties concerned on the spot after the decision is announced. If the parties concerned are not present, the administrative organ shall send the letter to the parties concerned within seven days, according to relevant stipulations of the civil procedure law. 
Article 41. Before making the decision of imposing administrative punishments, if the administrative organ in charge and its law enforcement personnel failed to tell the parties concerned according to Articles 31 and 32 the facts, reasons, and grounds on which the administrative punishments are imposed, or refused to hear the statement and argument of the parties concerned, the administrative punishments decision is not valid, unless the parties concerned waive their right to make a statement or defend themselves. 

Section 3. Procedure of Hearing 

Article 42. Before making an administrative punishment decision for suspending production and business operations, revoking certificates or business licences, imposing relatively large fines or imposing other administrative punishments, administrative organs shall notify the parties concerned of their right to a public hearing. If the parties concerned ask for a public hearing, the administrative organ shall organize one. The parties concerned shall not bear the expenses of public hearings organized by administrative organs. Public hearings are to be organized according to the following procedure: 

(1) If a public hearing is requested by the parties concerned, the request shall be submitted within three days after the parties concerned are notified by the administrative organ in charge. 
(2) The administrative organ shall notify the parties concerned of the time and location of the public hearing, seven days before it is held. 

(3) With the exception of cases involving state secrets, business secrets or individual privacy, hearings shall be held in public. 

(4) Public hearings are to be presided over by a person appointed by the administrative organ in charge and who is not one of the investigators of the case in question. If the parties concerned deem that the person presiding over the public hearing has a direct connection to the case, they have the right to ask the person to withdraw. 

(5) The parties concerned may personally attend the public hearing or may ask one to two persons to represent them. 

(6) At public hearings, investigators present the facts and evidence of violations of law by the parties concerned, as well as suggest administrative punishments; the parties concerned defend themselves and confront the investigators. 

(7) A transcript on the public hearing shall be made, checked by the parties concerned, and signed by them or affixed with their seals. 

If the parties concerned do not agree with the imposed administrative punishments that restrict physical freedom, the punishments shall be enforced according to relevant articles of the regulations on public security management and punishment. 

Article 43. After a case hearing, the administrative department should make a decision in accordance with Article 38 of this law. 

Chapter VI. Execution of Administrative Punishments 

Article 44. After a decision on administrative punishment is made, the relevant party should execute the decision within the prescribed time limit. 

Article 45. If the relevant party applies for an administrative review or files an administrative lawsuit because he does not agree with the decision on administrative punishment, this administrative punishment still remains valid, except when there are other legal provisions. 

Article 46. The administrative department that decides on a fine should be separated from the institution that collects the fine. 

Apart from the fine collected on the spot in accordance with Articles 47 and 48 of this law, neither the administrative department that decided on the fine nor its law enforcement personnel are not allowed to collect any other fines of their own accord. 

The relevant party should, within 15 days after receipt of the notice on administrative punishment, pay the fine at a designated bank, which should accept the payment and directly deposit it in state treasury. 

Article 47. In cases where an on-the-spot decision is made on administrative punishment in accordance with Article 33 of this law, a law enforcement person may collect a fine on the spot if one of the following circumstances applies: 

(1) A fine under 20 yuan lawfully imposed; 

(2) A fine difficult to collect in the future. 

Article 48. In remote regions, in rivers and seas and in regions with poor transport facilities, if the relevant party really finds it hard to pay the fine at a designated bank after an administrative department or its law enforcement personnel make a decision on administrative punishment in accordance with Articles 33 and 38 of this law, the administrative department or its law enforcement personnel may collect the fine on the spot at the relevant party's request. 

Article 49. When an administrative department or its law enforcement personnel collect a fine on the spot, they should use a standardized receipt of a provincial, autonomous regional or municipal financial department for the fine; if they do not produce a standardized receipt of the financial department, the relevant party has the right not to pay the fine. 

Article 50. A law enforcement person should, within two days after collection of the fine on the spot, submit the fine to his administrative department; the fine collected on a river or at sea should be submitted to the administrative department within two days from the date the law enforcement person comes ashore, and the administrative department should deliver the fine to a designated bank within two days. 

Article 51. If the relevant person does not execute the decision on administrative punishment in due time, the administrative department that made the decision on administrative punishment may take the following measures: 

(1) In a case of nonpayment of a fine due, a daily surcharge of 3 per cent will be imposed on the fine; 

(2) In accordance with law, the property sealed up and detained will be auctioned, or the deposit frozen will be allotted for payment of the fine; 

(3) A request will be made to a people's court for compulsory implementation. 

Article 52. If the relevant party incurs economic difficulties and wishes to postpone the payment of a fine or pay it by instalments, postponement or instalment can be permitted upon application by the relevant party with the approval of the administrative department. 

Article 53. Property confiscated according to law, other than that which should be destroyed according to law, must be put up for public auction according to state provisions or handled according to relevant state provisions. 

Fines, confiscated illicit earnings or revenue gained by auctioning off unlawful property must be turned over to the state treasury, and under no circumstances can any administrative organs or individuals retain the money or share it in secret, or partake of it in disguised form; under no circumstances can financial departments return fines, confiscated illicit earnings or revenue gained by auctioning off unlawful property to the administrative organs that have made decisions on administrative punishments. 

Article 54. Administrative organs should establish a sound system of supervision over administrative punishments. The people's governments at and above the county level should oversee and check administrative punishments with greater intensity. 

Citizens, legal persons or other organizations are entitled to petition against or impeach administrative punishments meted out by administrative organs; administrative organs should conduct investigations seriously and take the initiative in rectifying any erroneous administrative punishments found. 


Chapter VII. Legal Liability 

Article 55. Administrative organs administering administrative punishments under any of the following situations are to be ordered by superior administrative organs or the departments concerned to make corrections; and administrative punishments can be meted out to persons directly in charge and other personnel held directly responsible for these matters: 

(1) meting out administrative punishments without a legal basis; 
(2) arbitrarily changing the types and extent of administrative punishments; 

(3) violating the statutory procedure on administrative punishment; 

(4) violating the provisions in Article 18 of this law on administering administrative punishments by proxy. 

Article 56. Relevant parties punished by administrative organs are entitled to reject and impeach the punishments if there are no receipts confirming the payment of fines or the confiscation of property or receipts used for confirming the payment of fines or the confiscation of property are made and issued by non- statutory departments. Superior administrative organs or the departments concerned are to seize and destroy any unlawful receipts used and mete out administrative punishments to persons directly in charge and other personnel held directly responsible for the matters. 
Article 57. Administrative organs collecting fines by themselves in violation of the provisions in Article 46 of this law and financial departments returning fines or auction revenue to administrative organs in violation of the provisions in Article 53 of this law are to be ordered by superior administrative organs or the departments concerned to make corrections; and administrative punishments are to be meted out according to law to persons directly in charge and other personnel held directly responsible for the matters. 

Article 58. Administrative organs retaining fines or confiscated illicit earnings or property, sharing them in secret or partaking of them in disguised form are to be ordered by financial departments or the departments concerned for reimbursement, and administrative punishments are to be meted out according to law to persons directly in charge and other personnel held directly responsible for the matters; those whose cases are so serious as to constitute a crime are liable to criminal charges according to law. 

Law enforcement officers abusing their powers to ask for or accept bribes or embezzle fines, which constitutes a crime, are liable to criminal charges according to law; and administrative punishments are to be meted out according to law to those whose cases are too light to constitute a crime. 

Article 59. Administrative organs that inflict losses on the parties concerned by using or damaging property seized should make compensation according to law, and administrative punishments are to be meted out according to law to persons directly in charge and other personnel held directly responsible for the matters. 

Article 60. Administrative organs doing damage to citizens or their property or inflicting losses on legal persons or other organizations by unlawfully conducting checks or enforcing measures should make compensation according to law, and administrative punishments are to be meted out to persons directly in charge and other personnel held directly responsible for the matters; those whose cases are so serious as to constitute crimes are liable to criminal charges according to law. 

Article 61. Administrative organs which, for the sake of their own selfish interests, do not turn over to judicial organs persons liable to criminal charges and mete out administrative punishments to those concerned in lieu of criminal punishments are to be ordered by superior administrative organs or departments concerned to make corrections; administrative punishments are to be meted out to persons directly in charge of organs which refuse to make corrections ; those who engage in self-seeking misconduct and shield and wink at illegal acts are liable to criminal charges in accordance with the provisions of Article 188 of the Criminal Law. 

Article 62. In cases where the legitimate rights and interests of citizens, legal persons or other organizations, public interests and social order are jeopardized because law enforcement officers are so negligent in their duties that illegal acts have gone unchecked and unpunished, administrative punishments are to be meted out to persons directly in charge and other personnel held directly responsible for the matters; those whose cases are so serious as to constitute a crime are liable to criminal charges according to the law. 


Chapter VIII. Supplementary Provisions 

Article 63. The concrete method of implementation of the provisions in Article 46 of this law on the distinction between making decisions on fines and collecting fines is to be formulated by the State Council. 

Article 64. This law is to come into force as of October 1, 1996. 

The provisions of laws and regulations on administrative punishments enacted before the promulgation of this law that are incongruous with this law should be revised according to the provisions of this law from the day of its promulgation, and the revisions are to be completed by December 31, 1997. 

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Administrative Supervision Law of the People's Republic of China
(Adopted on May 9, 1997 at the 25th session of the eighth National People's Congress standing committee, promulgated by President Jiang Zemin on May 9, 1997)

Table of Contents 
Chapter I. General Provisions 

Chapter II. Supervisory Organs and Supervisory Personnel 

Chapter III. Supervisory Organs' Duties 

Chapter IV. Supervisory Organs' Jurisdiction 

Chapter V. Supervisory Procedures 

Chapter VI. Legal Liabilities 

Chapter VII. Supplementary Provisions 


Chapter I. General Provisions 

Article 1. This law is formulated in line with the constitution to enhance supervisory work, ensure the smooth implementation of government decrees, maintain administrative discipline, promote clean and honest administration building, improve administrative management, and raise administrative efficiency. 

Article 2. Supervisory organs are organs of the people's government organs which exercise supervisory functions. In line with this law, they exercise supervision over state administrative organs, government functionaries, and other personnel appointed by state administrative organs. 

Article 3. Supervisory organs exercise their functions and powers according to law, and are not subject to interference by other administrative organs, social groups, and individuals. 

Article 4. In engaging in supervisory work, supervisory organs shall adhere to the principle of seeking truth from facts, rely on evidence, stress study and investigation, and emphasize equality when applying laws and administrative discipline. 

Article 5. Supervisory work should integrate education with punishment and supervisory inspection with improvement work. 

Article 6. It is necessary to rely on the masses to carry out supervisory work. Supervisory organs should set up a report system. Citizens have the right to report on or file charges against acts of law-breaking and of dereliction of duty by any state administrative organs, government functionaries and other personnel appointed by state administrative organs to supervisory organs. 


Chapter II. Supervisory Organs and Supervisory Personnel 

Article 7. State Council supervisory organs have jurisdiction over the nation's supervisory work. 

Various levels of local people's government supervisory organs at county level or higher are responsible for supervision work in their administrative regions. They are held responsible by the same level of the people's government and by superior supervisory organs and they report work to them. Superior supervisory organs take the main lead in supervisory operation. 

Article 8. Various levels of supervisory organs under the people's government at county level or higher may, after approval by the same level of people's government, set up supervisory organizations at government departments or dispatch supervisory personnel to government departments according to work requirements. 

Supervisory organizations or supervisory personnel set up or dispatched by supervisory organs are held responsible by and report to supervisory organs which set up the supervisory organizations and dispatch the personnel. 

Article 9. Supervisory personnel should abide by law and discipline, be devoted to their duties, enforce law with impartiality, be upright in performing their official duties, and maintain confidentiality. 

Article 10. Supervisory personnel should be familiar with supervisory operation and possess a corresponding educational level and professional knowledge. 

Article 11. Approval of superior supervisory organs is needed before proposing and deciding on the appointment and removal of chiefs and deputy chiefs of supervisory organs under various levels of people's government at county level or higher. 

Article 12. Supervisory organs practice a supervisory system over supervisory personnel in performing duties and in abiding by discipline. 

Article 13. Supervisory personnel perform official duties according to law and are protected by law. Organizations and individuals shall not obstruct the lawful performance of official duties by supervisory personnel; they are forbidden to retaliate against supervisory personnel. 

Article 14. Supervisory personnel should avoid handling supervisory matters which conflict with their interests or the interests of their relatives. 


Chapter III. Responsibilities of Supervisory Organs 

Article 15. State Council supervisory organs exercise supervision over the following organs and personnel: 

(1) The State Council's various departments and its government functionaries; 
(2) Other personnel appointed by the State Council and by the State Council's various departments; 

(3) Provincial, autonomous regional, and municipal people's governments and their leading personnel. 

Article 16. People's government supervisory organs at county level or higher exercise supervision over the following organs and personnel: 

(1) The same level of various people's government departments and their government functionaries; 
(2) The same level of people's government and other personnel appointed by same level of various departments under the people's government; 

(3) The lower level of people's governments and their leading personnel. 

People's government supervisory organs in counties, autonomous counties, cities without a district organization and districts directly under city administration, also exercise supervision over government functionaries of villages, ethnic villages, people's township governments under their jurisdiction as well as over other personnel appointed by villages, ethnic villages, and people's township governments. 

Article 17. Superior supervisory organs may handle supervisory matters which are under the jurisdiction of lower level supervisory organs; they may also handle, when necessary, supervisory matters that are within the scope of various levels of supervisory organs that are under their jurisdiction. 

When disputes arise between supervisory organs over the scope of jurisdiction, their common superior supervisory organs shall decide the dispute. 

Article 18. To exercise supervisory functions, supervisory organs fulfil the following functions: 

(1) Check on problems in the state administrative organs' adherence to and enforcement of laws, regulations, and decisions and orders of the people's government; 
(2) Accept the handling of charges and reports leveled against acts of administrative discipline violations by state administrative organs, government functionaries, and by other personnel appointed by state administrative organs; 

(3) Investigate and handle acts of administrative discipline violations by state administrative organs, government functionaries, and by other personnel appointed by state administrative organs; 

(4) Accept appeals against decisions of administrative punishments imposed by competent administrative organs submitted by government functionaries and other personnel appointed by state administrative organs as well as other appeals handled by supervisory organs as stipulated by laws and administrative rules; 

(5) Fulfil other functions required of supervisory organs as stipulated by laws and administrative rules. 


Chapter IV. Supervisory Organs?Jurisdiction 
Article 19. Supervisory organs have the right to adopt the following measures to fulfil their functions: 


(1) Request departments and personnel under supervision to provide documents, materials, financial accounts, and other materials related to the suspension of matters for inspection or for duplication purposes; 
(2) Request departments and personnel under supervision to offer explanations related to supervisory matters; 

(3) Order departments and personnel under supervision to cease acts that violate laws, regulations, and breach of administrative discipline. 

Article 20. Supervisory organs, when investigating acts that violate administrative discipline, may take the following measures in line with the actual situation and requirements: 

(1) Temporarily remove and seal for safekeeping documents, materials, financial accounts, and other relevant materials that could prove acts of discipline violation; 
(2) Order units and personnel under investigation not to sell and transfer related fund and articles during investigation period; 

(3) Order personnel under investigation for suspicion of violating administrative disciplines to make explanations of the matters under investigation at an appointed time and place; however, personnel under investigation shall not be detained in any manner; 

(4) Suggest to relevant organs to temporarily bar those who are suspected of having seriously breached administrative discipline from performing official duties. 

Article 21. When investigating acts of administrative discipline violation involving corruption, bribery, and fund diversion, supervisory organs may, upon approval of leading personnel of supervisory organs at county level or higher, check into bank deposits of those units and personnel in question; when necessary, supervisory organs may request people's courts to take preventive measures to freeze, according to law, deposits of suspected personnel at banks or at other financial institutions. 
Article 22. When handling cases involving breach of administrative discipline, supervisory organs may ask public security, auditing, taxation, customs, industry and trade administrative management organs, for assistance 

Article 23. Supervisory organs may recommend supervision, if they find one of the following circumstances in the results of inspection and investigation: 

(1) Refusal to enforce laws and regulations, or violation of laws and regulations as well as decisions and orders of people's governments, which should be corrected; 
(2) Decisions, orders, and directions issued by departments of the people's governments at their corresponding levels and people's governments at lower levels, which should be corrected or withdrawn for contradicting laws, regulations, or state policies; 

(3) Infringements upon state and collective interests and legitimate interests of citizens that require remedial measures; 

(4) Employment, appointments, removals, awards, and punishments which are obviously inappropriate and should be corrected; 

(5) An action that should receive administrative punishment according to relevant laws and regulations; 

(6) Other circumstances in which supervision should be recommended. 

Article 24. Supervisory organs may make a decision or recommendation for supervision, if they find out one of the following circumstances in the results of inspection and investigation: 

(1) Violation of administrative discipline which should be given the administrative punishment of warning, record of a demerit, record of a major demerit, demotion, dismissal from post, or discharge from employment according to laws; 
(2) Money and goods obtained through the violation of administrative discipline, which should be confiscated, recovered, or ordered to return or compensate according to laws. 

Where a decision or recommendation of supervision is made according to the first circumstance of the previous paragraph, the state stipulations concerning the limits of one's authority in personnel management and handling procedure should be observed. 

Article 25. Departments and personnel concerned should execute the decisions of supervision made by supervisory organs according to law. Departments concerned, if they do not have any justifiable reason, should accept the recommendations of supervision made by supervisory organs according to laws. 

Article 26. Supervisory organs have the rights to conduct an investigation on units and individuals involved in the supervised matters. 

Article 27. Leading personnel of a supervisory organ may attend relevant meetings of people's government at the corresponding level as observers, whereas supervisory personnel may attend meetings of departments being supervised concerning the supervised matters. 

Article 28. Supervisory organs may award meritorious persons who file charges or expose major violations of laws and discipline according to relevant stipulations. 


Chapter V. The Procedures of Supervision 

Article 29. Supervisory organs conduct an inspection according to the following procedure: 

(1) Set up a case for the matter that needs to be inspected; 
(2) Draft an inspection scheme and organize its implementation; 

(3) Submit a report on the inspection to people's governments at the corresponding levels or the supervisory organs at a higher level; 

(4) Make a decision or recommendation of supervision according to the results of the inspection. 

The set-up of cases on important matters for inspection should be reported to people's governments at the corresponding levels and supervisory organs at the higher level for the record. 

Article 30. Supervisory organs conduct investigations of and handle the behavior in violation of administrative discipline according to the following procedures: 

(1) Conduct a preliminary examination of the matter that requires investigation and action; set up a case for the matter if it is believed there is an violation of administrative discipline and there is a need to determine the administrative disciplinary responsibility ; 
(2) Organize and conduct an investigation to collect relevant evidence; 

(3) Examine the evidence proving the violation of administrative discipline, which deserves administrative punishments or other actions; 

(4) Make a decision or recommendation of supervision. 

The set-up of an important and complicated case should be reported to people's governments at the corresponding levels and supervisory organs at the higher level for the record. 

Article 31. Where a supervisory organ determines that the fact of a violation of administrative discipline does not exist in an established case after investigation, or there is no need to determine the administrative disciplinary responsibility, it should withdraw the case and inform the unit being investigated and its higher department, or the individuals being investigated and their units, of the withdrawal. 

The withdrawal of important and complicated cases should be reported to people's governments at the corresponding levels and supervisory organs at the higher level for the record 

Article 32. A case which is placed on file for investigation by supervisory organizations should be concluded in six months starting from the date the case was placed on file. Under special circumstances, if the case on file needs more time for investigation, the course of investigation and handling may be extended for a maximum period of one year and the extension of investigation and handing should be reported to the higher supervisory organization for record keeping. 

Article 33. In the course of inspection and investigation, the supervisory organization should hear statements and arguments by the unit or person under investigation. 

Article 34. When a supervisory organization makes important supervisory decision or puts forward important supervisory recommendations, it should be approved by the people's government at the same level and supervisory organization at the higher level. The important supervisory decision and important supervisory recommendations made by supervisory organizations under the State Council should be approved by the State Council. 

Article 35. The decisions and recommendations made by the supervisory organization should be sent to related units or personnel in written form. 

Article 36. After receiving a written notice on supervisory decisions or recommendations. the concerned units should inform the supervisory organization within 30 days on the situation of implementing the supervisory decisions or accepting the supervisory recommendations. 

Article 37. When government functionaries or staff members appointed by state administrative organs do not concur with the administrative punishment made by the organization in charge of personnel action, they may make appeals to the supervisory organization within 30 days from receiving the administrative decision. The supervisory organization should re-examine the decision with 30 days after receiving such a request. If the government functionaries or staff members appointed by the state administrative organs still not do concur with the decision, they may request the higher supervisory organization to further examine the case within 30 days after receiving the results of the re-examination. The higher supervisory organizations should make a decision on the final examination within 60 days after receiving the request. 

During the period of re-examination and final examination, the implementation of the original decision will not be stayed. 

Article 38. When handling appeals by units or individuals who do not agree with the administrative punishment made by their administrative units, the supervisory organizations may recommend changes or cancellation of the original decisions if the original decisions are found to be inappropriate after reinvestigation. The supervisory organization may also, within their powers, directly make a decision on changing or canceling the administrative decisions 

Other appeal cases prescribed by the law and administrative rules shall be handled in accordance with related laws and administrative regulations 

Article 39. Those who do not concur with the decision of a supervisory organization, may request the supervisory organization to re-examine the case with 30 days after receiving the notice of decision. The supervisory organization should examine the case within 30 days after receiving such requests and make a new decision. Those who do not concur with the decision of the re-examination may ask the higher supervisory organization to investigate and decide on the case within 30 days after receiving the decision of the re-examination. The higher supervisory organization should make its examination decision within 60 days after receiving the appeal for reinvestigation and decision. 

During the period of re-examination and reinvestigation, the implementation of the original decision will be not stayed. 

Article 40. If the higher supervisory organization considers the decision of its lower supervisory organization inappropriate, it may order the lower supervisory organization to change or cancel the decision, and if necessary the higher supervisory organization may directly make a decision changing or canceling the decision. 

Article 41. The decisions made by the higher supervisory organization after re-examination and the decisions of the State Council's supervisory department made after re-examination or retrial shall be final. 

Article 42. Where there is disagreement over a recommendation of supervision, the party concerned may raise it with the supervisory organ that has made the recommendation within 30 days of receipt of the recommendation; the supervisory organ shall make a reply within 30 days of receipt of the disagreement. If the party concerned still disagrees with the reply, the supervisory organ shall submit it to the people's government at the corresponding level or the supervisory organ at the next higher level for a ruling. 

Article 43. Where a supervisory organ finds the matter under its investigation falls outside its jurisdiction, it shall refer it to units that have jurisdiction over it. Where crime is involved, the matter shall be referred to judicial authorities for investigation in accordance with law. 

The unit or organ that has accepted the matter shall notify the supervisory organ of how the matter has been handled. 


Chapter VI. Legal Liabilities 

Article 44. A person under supervision who has been found to have committed one of the following acts shall be instructed to make amendments by competent authorities or the supervisory organ; where the violator is a department, it shall be criticized in a circular. The person in charge and other personnel directly responsible shall be given administrative punishment in accordance with law: 

(1) Attempt to cover up the truth, present false evidence, or to hide, remove, alter, and destroy evidence; 
(2) Intentional delay or refusal to produce documents relevant to the matter under supervision; 

(3) Selling off or transferring property under suspicion while investigation is being conducted; 

(4) Refusal to offer an explanation on the questions raised by the supervisory organ; 

(5) Refusal to implement the decision of supervision or to adopt the recommendation of supervision without a justifiable reason; and 

(6) Other gross violations of provisions of this law. 

Article 45. Whoever is found to have retaliated against the petitioner, complainant, accuser, or supervisory personnel shall be punished with administrative sanctions in accordance with law. Criminal liability shall be affixed through the process of law if there is breach of the criminal code. 
Article 46. Where the supervisory personnel are found to have abused powers or bend the law for personal gains or to be guilty of dereliction or leaking classified information, they should be punished with administrative sanctions; criminal liability shall be affixed through the process of law if there is breach of the criminal code. 

Article 47. Where there is infringement upon and damage to the legitimate interests of citizens, legal persons, or other organizations as a result of the supervisory organ or personnel illegally exercising their powers, compensations shall be made in accordance with law. 


Chapter VII. Supplementary Provisions 

Article 48. This law shall go into effect upon the day of its promulgation. The "Regulations on Administrative Supervision of the People's Republic of China" promulgated by the State Council on February 9, 1990 shall be annulled on the same day.

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