Article 30 Where a minor under the age of 14 commits a violation of law, no administrative penalty shall be imposed on him, but his guardian shall be ordered to discipline and educate him; and where a minor who has reached the age of 14 but not the age of 18 commits a violation of law, a lighter or mitigated administrative penalty shall be imposed on him.

Article 31 Where a mental patient or an intellectually handicapped person commits a violation of law at a time when he is unable to recognize or control his own conduct, no administrative penalty shall be imposed on him, but his guardian shall be ordered to keep him under close surveillance and arrange for his medical treatment. Where an intermittent mental patient commits a violation of law when he is in a normal mental state, an administrative penalty shall be imposed on him. Where a mental patient or intellectually handicapped person who has not yet completely lost his capacity for recognizing or controlling his own conduct commits a violation of law, he may be given a lighter or mitigated administrative penalty.

Article 32 A party shall be given a lighter or mitigated administrative penalty under one of following circumstances:

1.He has taken the initiative to eliminate or reduce the harmful consequences of his violation of law;

2. He is coerced or induced by others into committing a violation of law;

3. He has taken the initiative to confess his violation of law that has not been known to an administrative organ;

4. He has performed a meritorious service in cooperation with an administrative organ in investigating violations of law; or

5. Other circumstances under which a lighter or mitigated administrative penalty shall be given according to laws, administrative regulations or government rules.

Article 33 Where a person commits a minor violation of law, rectifies it in a timely manner, and causes no harmful consequences, he shall be exempted from an administrative penalty. Where a person commits a violation of law for the first time causing slight harm, and he makes correction in a timely manner, he may be exempted from an administrative penalty.

No administrative penalty shall be imposed on a party who has sufficient evidence to prove that he has no subjective fault. Where there are other provisions in laws or administrative regulations, those provisions shall apply.

Administrative organs shall educate parties who commit violations of law, but are exempted from administrative penalties according to law.

Article 34 Administrative organs may develop the discretion benchmark for administrative penalties in accordance with law, and standardize the exercise of discretion for administrative penalties. The discretion benchmark for administrative penalties shall be made public.

Article 35 Where a person commits a violation of law that constitutes a crime and is sentenced to criminal detention or fixed-term imprisonment by a people's court, if he has already been given the penalty of administrative detention for the same violation by an administrative organ, the term of the administrative detention shall be deducted from the term of the criminal detention or imprisonment in accordance with law.

Where a person commits a violation of law that constitutes a crime and is sentenced to a criminal fine by a people's court, if an administrative fine has already been imposed on him by an administrative organ for the same violation, the amount of the criminal fine shall be offset by the administrative fine already imposed; if an administrative fine has not yet been imposed on the person by an administrative organ, it shall no longer be imposed.

Article 36 The administrative penalty shall not be imposed for a violation of law that has not been discovered within two years; where such violation involves the security of a citizen's life or health, or financial security, and has harmful consequences, the aforesaid time period shall be extended to five years, except as otherwise prescribed by law.

The time period prescribed in the preceding paragraph shall be counted from the date on which the violation of law is committed; and if the violation is of a continual or continuous nature, it shall be counted from the date on which the violation is terminated.

Article 37 The enforcement of an administrative penalty shall be governed by the provisions of the laws, administrative regulations or government rules effective at the time when a violation of law occurs. However, if the laws, administrative regulations or government rules have been amended or repealed when a decision on the administrative penalty is made, and the new provisions impose a lighter penalty on the violation or no longer regard it as violation of law, the new provisions shall apply.

Article 38 An administrative penalty shall be invalid if it has no basis or if the subject enforcing it does not qualify as an administrative subject.

An administrative penalty shall be invalid if it is imposed in violation of legal procedures and constitutes a major and obvious violation of law.

Chapter V Decision on Administrative Penalties

Section 1 General Rules

Article 39 Information about an administrative penalty such as the enforcement organ, case-filing basis, enforcement procedure, and relief channels shall be made public.

Article 40 Where a citizen, legal person or another organization violates administrative order and should be given an administrative penalty according to law, the relevant administrative organ must ascertain the fact; and where the fact of violation is unclear and the evidence is insufficient, no administrative penalty shall be imposed.

Article 41 An administrative organ that uses electronic monitoring equipment to collect and fix facts of violation of law in accordance with laws and administrative regulations shall undergo legal and technical reviews to ensure that the electronic monitoring equipment meets the relevant standards and is reasonably set and clearly marked, and that the locations of electronic monitoring equipment are made public.

Electronic monitoring equipment shall record facts of violation of law in an authentic, clear, complete and accurate manner. Administrative organs shall review the recorded content to see whether it satisfies the requirements; and those that are not reviewed or fail to satisfy the requirements upon review shall not be used as the evidence for an administrative penalty.

An administrative organ shall notify the party concerned of the facts of violation of law in a timely manner, and use information technology or take other measures to facilitate the party's inquiry, statement and defense. It shall not restrict a party's right of statement or right of defense or do so in a disguised form.

Article 42 Administrative penalties shall be enforced by law enforcement officers with the qualifications for administrative law enforcement. Except as otherwise prescribed by law, the enforcement of an administrative penalty shall be carried out by no less than two law enforcement officers.

Law enforcement officers shall enforce law in a civilized manner, and respect and protect the lawful rights and interests of the parties concerned.

Article 43 A law enforcement officer with direct interest relation or other relations to a case that may affect the impartial enforcement of law shall withdraw from the handling of the case.

A party to a case believing that a law enforcement officer has direct interest relation or other relations to the case that may affect the impartial enforcement of law shall have the right to apply for the withdrawal of the law enforcement officer from the handling of the case.

Where a party to a case applies for the withdrawal of a law enforcement officer from handling the case, the relevant administrative organ shall review the application in accordance with law, and the person in charge of the administrative organ shall make a decision thereon. Before a decision is made, the investigation of the case shall not be suspended.

Article 44 Before making a decision on an administrative penalty, an administrative organ shall notify the party concerned of the content of the administrative penalty to be imposed, and the facts, reasons, and basis thereof, as well as his rights to make a statement, defend himself, and request a hearing and other rights he enjoys according to law.

Article 45 A party to a case shall have the rights to make a statement and defend himself. An administrative organ must fully hear the party's opinions and review the facts, reasons and evidence put forward by the party; and it shall adopt the facts, reasons and evidence put forward by the party if they are established.

An administrative organ shall not impose a heavier penalty on a party for making a statement or defending himself.

Article 46 Evidence shall include:

1. Documentary evidence;

2. Physical evidence;

3. Audio-visual materials;

4. Electronic data;

5. Witness testimony;

6. Statements of the parties;

7. Expert opinions; and

8. Survey transcripts and on-site disposition transcripts.

Evidence must be verified to be true before it can be used as the basis for determining the case facts.

Evidence obtained by illegal means shall not be used as the basis for determining case facts.

Article 47 Administrative organs shall record the whole process of an administrative penalty, including initiation, investigation and evidence collection, review, decision making, service of decision and enforcement in such forms as text, audio and video in accordance with law, and keep such records as archives.

Article 48 Decisions on administrative penalties that have certain social influence shall be made public in accordance with law.

Where a publicly announced decision on an administrative penalty is changed, revoked, or confirmed to be illegal or invalid in accordance with law, the administrative organ that has announced the decision shall withdraw the information on the decision and publicly explain the reasons for the withdrawal within three days.

Article 49 In the event of emergencies such as the outbreak of a major infectious disease, in order to control, reduce and eliminate the social harm caused by the emergencies, administrative organs shall swiftly impose a heavier punishment on those who violate the emergency response measures in accordance with law.

Article 50 An administrative organ and its staff members shall keep confidential in accordance with law the state secrets, trade secrets or personal privacy which they come to know in the enforcement of an administrative penalty.

Section 2 Summary Procedure

Article 51 A decision on an administrative penalty may be made on the spot if it involves the imposition of a fine of not more than RMB 200 yuan on a citizen or not more than RMB 3,000 yuan on a legal person or another organization, or a warning, and if the fact of violation of law is irrefutable and there is a legal basis for the decision. Where there are other provisions in laws, those provisions shall apply.

Article 52 A law enforcement officer who makes a decision on an administrative penalty on the spot shall show his law enforcement ID card to the party concerned, fill out a written decision on the administrative penalty with predetermined format and a serial number, and deliver it to the party on the spot. If the party refuses to sign his name for the receipt of the written decision on the administrative penalty, this fact shall be indicated in the written decision.

A written decision on an administrative penalty as prescribed in the preceding paragraph shall specify the violation of law committed by the party, the type of and basis for the administrative penalty, the amount of fine, the time and place of the administrative penalty, the channels and time limits for applying for administrative reconsideration or bringing an administrative lawsuit, and the name of the administrative organ imposing the penalty, and be signed by or affixed with the seal of the law enforcement officers.

A decision on an administrative penalty made by a law enforcement officer on the spot shall be reported to the administrative organ to which the law enforcement officer belongs for record.

Article 53 A decision on an administrative penalty made on the spot shall be carried out by the party in accordance with the provisions of Articles 67 to 69 of this Law.

Section 3 Ordinary Procedure

Article 54 Except for the administrative penalties that may be imposed on the spot as prescribed in Article 51 of this Law, if an administrative organ finds that a citizen, a legal person or another organization has committed an act for which an administrative penalty shall be imposed in accordance with law, it must conduct investigation in a comprehensive, objective and impartial manner and collect relevant evidence; and where necessary, it may conduct inspection in accordance with the provisions of laws and administrative regulations.

Where the standards for case-filing are met, the administrative organ shall file a case in a timely manner.

Article 55 When conducting investigation or inspection, a law enforcement officer shall show the parties or persons concerned his law enforcement ID card. A party or a person concerned shall have the right to request law enforcement officers to produce law enforcement ID cards. Where a law enforcement officer fails to produce it, a party or a person concerned shall have the right to refuse to accept the investigation or inspection.

A party or a person concerned shall truthfully answer questions and assist in the investigation or inspection, and shall not refuse or obstruct the investigation or inspection. Transcripts shall be made for the questioning or inspection.

Article 56 When collecting evidence, an administrative organ may obtain evidence through sampling; and under circumstances where the evidence may be destroyed or lost or become difficult to obtain later, the administrative organ may, with approval of the person in charge of it, first register the evidence for preservation, and make a timely decision on the disposition of the evidence within seven days, during which period the parties or persons concerned shall not destroy or transfer the evidence.

Article 57 After the conclusion of an investigation, the person in charge of an administrative organ shall examine the investigation results and make one of the following decisions in light of different circumstances:

1. To impose an administrative penalty in light of the seriousness and the specific circumstances of the case where a violation of law has indeed been committed and for which an administrative penalty should be imposed;

2. Not to impose an administrative penalty where a violation of law is minor and the administrative penalty can be exempted according to law;

3. Not to impose an administrative penalty where the facts of violation of law are not established; or

4. To transfer the case to a judicial organ where a violation of law is suspected of constituting a crime.

Before imposing an administrative penalty for a violation of law which is of a complicated or grave nature, the leading members of an administrative organ shall make a collective decision through discussion.

Article 58 Under one of the following circumstances, a decision on an administrative penalty must undergo a legal review by a person responsible for legal review of decisions on administrative penalties before it is made by the person in charge of an administrative organ; and no decision shall be made without undergoing or passing a legal review:

1. A major public interest is involved;

2. The case is directly related to the major rights and interests of a party or a third person and has undergone a hearing procedure;

3. The case is complicated and involves multiple legal relations; or

4. Other circumstances under which legal review shall be conducted as prescribed in laws and administrative regulations.

The staff member of an administrative organ that conducts the legal review of a decision on an administrative penalty for the first time shall pass the National Unified Legal Professional Qualification Examination and obtain the legal professional qualification.

Article 59 To impose an administrative penalty according to the provisions of Article 57 of this Law, an administrative organ shall prepare a written decision on the administrative penalty. A written decision on the administrative penalty shall specify the following particulars:

1. The name or title, and address of the party concerned;

2. The facts and evidence of the violation of law, administrative regulations or government rules;

3. The type and basis of the administrative penalty;

4. The manner of and time limit for carrying out the administrative penalty;

5. The channels and time limits for applying for administrative reconsideration or bringing an administrative lawsuit; and

6. The title of the administrative organ that makes the decision on the administrative penalty and the date on which the decision is made.

A written decision on an administrative penalty must be affixed with the seal of the administrative organ that makes the decision.

Article 60 An administrative organ shall make a decision on an administrative penalty within 90 days of the date of filing a case of the administrative penalty. Where there are other provisions in laws, administrative regulations or government rules, those provisions shall apply.

Article 61 A written decision on an administrative penalty shall be delivered to a party on the spot after announcement; and where the party is absent, the administrative organ shall, within seven days, serve the written decision on the administrative penalty on the party in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China.

Where a party agrees and signs a confirmation letter, an administrative organ may serve the written decision on the administrative penalty on the party by fax, e-mail, or other means.

Article 62 A decision on an administrative penalty shall not be made where an administrative organ and its law enforcement officers fail to notify the party of the content of the administrative penalty to be imposed, and the facts, reasons, and basis thereof in accordance with the provisions of Articles 44 and 45 of this Law, or refuse to hear the statement or defense of the party before making the decision, except where the party explicitly waives the right to make a statement or defend himself.