法律法规Law of the People's Republic of China on Administrative Penalties
Order of the President of the People's Republic of China [1996] No. 63
March 17, 1996
Contents
Chapter I General Provisions
Chapter II Types and Creation of Administrative Penalties
Chapter III Organs Imposing Administrative Penalties
Chapter IV Jurisdiction and Application of Administrative Penalties
Chapter V Decisions on Administrative Penalty
Section 1 Summary Procedure
Section 2 Ordinary Procedure
Section 3 Procedure of Hearings
Chapter VI Enforcement of Administrative Penalties
Chapter VII Legal Responsibilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 Pursuant to the Constitution, this Law is enacted forthe purpose of standardizing the creation and imposition of administrativepenalties, ensuring and supervising the effective exercise of administration byadministrative organs, safeguarding public interests and the public order, andprotecting the lawful rights and interests of citizens, legal persons and otherorganizations. Article 2 The creation and imposition of administrativepenalties shall be governed by this Law. Article 3 Where anadministrative penalty needs to be imposed on a citizen, legal person or otherorganization in relation to a violation of an administrative regulation, itshall be prescribed by the laws, rules or regulations pursuant to this Law, andimposed by administrative organs in compliance with the procedure prescribed bythis Law.
Administrative penalties that are not imposed in accordance with the law or incompliance with legal procedures shall be invalid. Article 4 Administrativepenalties shall be imposed in adherence to the principles of fairness andopenness.
The creation and imposition of administrative penalties shall be based on thefacts of the case and shall correspond to the facts, nature and gravity of thelegal violation and damage done to society.
Regulations on administrative penalties to be imposed for violations of the lawmust be published; those which are not published shall not be effective as thebasis for an administrative penalty. Article 5 In imposing administrativepenalties, penalties shall also be educational in nature, so that citizens,legal persons and other organizations can become aware of and understand theimportance of observing the law.
Article 6 Citizens, legal persons and other organizations on whomadministrative penalties are imposed by administrative organs shall have theright to state their case and the right to defend themselves; those who refuseto accept administrative penalties shall have the right to apply foradministrative reconsideration, or bring an administrative lawsuit inaccordance with the law.
Citizens, legal persons and other organizations that have suffered damagecaused by an administrative penalty imposed by an administrative organ inviolation of the law shall have the right to demand compensation in accordancewith law. Article 7 Citizens, legal persons and otherorganizations that are subject to administrative penalties because of a legalviolation shall, in accordance with the law, bear the civil liability for thedamage done to others by their unlawful act.
Where an unlawful act constitutes a crime, potential criminal responsibilityshall be investigated in accordance with the law; no administrative penaltyshall be imposed in the place of a criminal penalty. Chapter II Types and Creation of Administrative Penalties
Article 8 Types of administrative penalties shall include:
1. disciplinary warnings;
2. fines;
3. the confiscation of unlawfully obtained financial gains or the confiscationof unlawfully obtained property or objects of value;
4. orders for the suspension of production or business;
5. the temporary suspension or rescission of a permit or the temporarysuspension
or rescission of a license;
6. administrative detention; and
7. other penalties as prescribed by law and administrative rules andregulations.
Article 9 Different types of administrative penalties may be created bylaw.
Administrative penalties involving restrictions on the freedom of person shallonly be created through laws. Article 10 Administrative penalties,with the exception of those restricting the freedom of the person, may becreated through administrative rules and regulations.
Where it is necessary to formulate specific provisions, in administrative rulesand regulations, regarding the violation of laws for which administrativepenalties have been formulated, they must be formulated within the limits ofthe acts dealing with administrative penalties and in accordance with the typesand range of the penalties that have been prescribed by law. Article11 Administrative penalties, with the exception of restrictions on the freedomof the person and the rescission of business licenses of enterprises, may becreated by local regulations.
Where it is necessary for local regulations to formulate specific provisionsregarding violations of law for which administrative penalties have beenformulated in laws and administrative rules and regulations, they must beformulated within the limits of the applicable laws dealing with administrativepenalties and in accordance with the types and range of the penalties that havebeen prescribed by laws and administrative rules and regulations. Article12 The ministries and commissions under the State Council may, in the rulesthey enact, formulate specific provisions that are within the limits of theapplicable laws dealing with administrative penalties and in accordance withthe types and range of the penalties that have been prescribed by laws andadministrative rules and regulations.
With regard to violations of administrative orders to which there are nogoverning laws or administrative rules and regulations, the ministries andcommissions under the State Council may create administrative penalties thatserve as disciplinary warnings, or institute fines, as stipulated in thepreceding paragraph. The specific amounts that can be fined shall be set out bythe State Council.
The State Council may authorize the departments directly under it that have thepower to administer administrative penalties to formulate provisions regardingadministrative penalties in accordance with the first and second paragraphs ofthis Article. Article 13 The people's governments of all provinces,autonomous regions, and municipalities directly under the Central Government,cities where the governments of provinces and autonomous regions are located,and the large cities approved by the State Council may, within the limits ofthe applicable laws dealing with administrative penalties and in accordancewith the types and range of the penalties that have been prescribed by laws andadministrative rules and regulations, formulate specific provisions and rulesregarding administrative penalties.
With regard to violations of an administration order, which is not proscribedby written laws or regulations, people's governments may create administrativepenalties that serve as disciplinary warnings or administer fines, asstipulated in the preceding paragraph. The specific amounts that can be finedshall be laid set out by the standing committees of the people's congresses ofprovinces, autonomous regions, and municipalities directly under the CentralGovernment. Article 14 No administrative penalties shall becreated in any other regulatory document with the exception of the onesstipulated in Articles 9, 10, 11, 12 and 13 of this statute. Chapter III Organs Imposing Administrative Penalties
Article 15 Administrative penalties shall be imposed byadministrative organs that have the power to impose administrative penaltieswithin the scope of their statutory functions and powers.
Article 16 The State Council or the people's government of a province,autonomous region or municipality directly under the Central Government that isempowered by the State Council may decide to have an administrative organexercise another administrative organs' power to impose administrativepenalties. However, the power to impose administrative penalties involvingrestrictions on the freedom of the person shall only be exercised by publicsecurity organs. Article 17 Organizations that are authorized by lawsand regulations to deal with the administration of public affairs may imposeadministrative penalties within the scope of their powers as authorized by law.Article 18 In accordance with the provisions relevant laws, regulations orrules, an administrative organ may, within the scope of its powers asprescribed by law, entrust an organization that meets the conditions stipulatedin Article 19 of this Law with the power to impose administrative penalties. Anadministrative organ may not entrust another organization or individual withthe power to impose administrative penalties.
An administrative organ entrusting its power to another organization shall beresponsible for supervising the imposition of administrative penalties by theentrusted organization, and shall bear legal responsibility for theconsequences of the imposition.
The entrusted organization shall, within the scope of the authorization, imposeadministrative penalties in the name of the entrusting administrative organ,and may not entrust the powers to impose administrative penalties entrusted toit to any other organization or individual.
Article 19 The organization to be entrusted shall meet the followingconditions:
1. it will be an institution in charge of public affairs, and established inaccordance with the law;
2. it will be staffed with personnel who are familiar with the relevant laws,regulations and rules and who are experienced in relevant work; and
3. it will have the ability to organize and conduct the technical tests ortechnical appraisals that are needed for testing or appraising
unlawful acts.
Chapter IV Jurisdiction and Application ofAdministrative Penalties
Article 20 Administrative penalties shall come under thejurisdiction of an administrative organ having the power to administerpenalties by a local people's government at or above the county level, in theplace where the unlawful act was committed, except as otherwise prescribed byany laws or administrative rules and regulations. Article 21 If a disputearises over jurisdiction between two or more administrative organs, the mattershall be reported to the higher-ranking supervising administrative organ whowill designate the jurisdiction. Article 22 If an unlawful actconstitutes a crime, the administrative organ must transfer the case to ajudicial organ for investigation of criminal responsibility according to thelaw. Article 23 When enforcing an administrative penalty,the administrative organ shall order the party to remedy his or her unlawfulact or to do so within a specified time limit.
Article 24 Parties who commit the same unlawful act more than once, shallonly receive a fine as an administrative penalty more than once. Article25 If a person under the age of 14 commits an unlawful act, no administrativepenalty shall be imposed on him, but his guardian shall be ordered to disciplineand educate him; if a person who has reached the age of 14, but is not yet 18years of age, commits an unlawful act, a lighter or mitigated administrativepenalty shall be imposed on him.
Article 26 If an individual with a mental illness commits an unlawful actat a time when he or she is unable to appreciate or cannot control his or herconduct, no administrative penalty shall be imposed on him or her, but his orher guardian shall be ordered to keep him or her under close surveillance andarrange for his or her medical treatment. Administrative penalties shall beimposed on a person whose mental illness is of an intermittent nature and whocommits an unlawful act when he or she is able to appreciate the nature ofconsequences of their act.
Article 27 A party shall be given a lighter or mitigated administrativepenalty, in accordance with law, if:
1. he or she has taken the initiative to eliminate or lessen the harmful
consequences brought about by his or her unlawful act;
2. he or she was coerced by another to commit the unlawful act;
3. he or she has performed meritorious deeds while working in coordination with
administrative organs to investigate violations of the law; or
4. there are other circumstances that give rise to a lighter or mitigatedadministrative penalty in accordance with the law.
Where a person commits a minor unlawful act, and promptly remedies theiractions and the act has not caused harmful consequences, no administrativepenalty shall be imposed.
Article 28 If an unlawful act constitutes a crime, for which a People'sCourt sentences him to criminal detention or fixed-term imprisonment, and if anadministrative organ has already imposed administrative detention on the party,the length of the detention shall be the same as the term of imprisonment inaccordance with law.
If an unlawful act constitutes a crime, for which a People's Court imposes afine on the party, and if an administrative organ has already done so, theamount of the fine imposed by the latter shall be the same as that by theformer. Article 29 Where an unlawful act is not discoveredwithin two years of its commission, an administrative penalty will not beimposed, except as otherwise prescribed by law.
The period of time prescribed in the preceding paragraph shall be counted fromthe date the unlawful act is committed; if the act is of ongoing or continuous,the date shall be counted from the date on which the act ends.
Chapter V Decisions on Administrative Penalty
Article 30 Where citizens, legal persons or otherorganizations violate administrative orders, and are liable to administrativepenalties according to law, administrative organs must determine the factssurrounding the violation; if the facts surrounding the violation are notclear, no administrative penalty shall be imposed. Article 31 Beforedeciding to impose administrative penalties, administrative organs shall notifythe parties of the facts, grounds and basis upon which the decision is decisionis based and shall notify the parties of their rights enjoyed under the law.
Article 32 A party shall have the right to state it's case and to defenditself. Administrative organs shall give due consideration to the opinions ofthe parties, and shall reexamine the facts, claims and evidence put forward bythe parties; if the facts, claims and evidence put forward by the parties havebeen proven, the administrative organs shall accept them as true.
Administrative organs shall not impose heavier penalties on a party because ithas tried to defend itself. Section 1 SummaryProcedure
Article 33 If the facts surrounding a violation of lawhave been proven and there is a legal basis for a finding of guilt, and if thecitizen involved is not to be fined more than 50 RMB or the legal person, oranother organization involved is not to be fined more than 1,000 RMB, or adisciplinary warning is to be given, such administrative penalties may bedecided immediately. The party shall abide by the decision regarding theadministrative penalty in accordance with the provisions of Articles 46, 47 and48 of this Law.
Article 34 If a law-enforcement officer decides to impose administrativepenalties on the spot, he shall show the party his law enforcementidentification papers and fill out an administrative penalty decision form. Theadministrative penalty decision form shall be immediately given to the party.
The administrative penalty decision form shall clearly state the unlawful actcommitted by the party, the basis for the administrative penalty, the amount ofthe fine, the time and place of the unlawful act, and the title of theadministrative organ imposing the penalty. Such forms shall also be signed orsealed by the law-enforcement officer.
Law-enforcement officers must submit their decisions on administrativepenalties made on the spot to the administrative organs to which they are apart to be recorded. Article 35 If a party refuses to accept the decisionregarding an administrative penalty made on the spot, he may apply foradministrative reconsideration or bring an administrative lawsuit in accordancewith the law. Section 2 Ordinary Procedure
Article 36 With the exception of administrative penaltieswhich may be imposed on the spot as provided by Article 33 of this Law,administrative organs, when discovering that citizens, legal persons or otherorganizations have committed acts for which administrative penalties should beimposed according to the law, shall conduct a comprehensive, objective and fairinvestigation and collect relevant evidence; when necessary, they may conductinspections in accordance with laws and regulations. Article 37 Whenadministrative organs conduct investigations or inspections, there shall not beless than two law-enforcement officers, who shall show their identificationpapers to the party or other persons concerned. The party and any other personsconcerned shall truthfully answer questions and assist in the investigation orinspection; they may not obstruct such investigations or inspections. Writtenrecord shall be made to document the inquiry or inspection.
When collecting evidence, administrative organs may obtain evidence throughsampling; under circumstances where there is a likelihood that the evidence maybe destroyed or lost, or difficult to obtain at a later date, administrativeorgans may, with the approval of the leading officer, first register theevidence for preservation and make a prompt decision regarding its dispositionwithin seven days. During this period of time, the party and any other personsconcerned may not destroy or transfer the evidence.
If a law-enforcement officer has a conflict of interest in the investigation,,he or she shall withdraw him or herself from the case.
Article 38 After an investigation has been concluded, leading officers ofan administrative organ shall examine the results of the investigation and makeone of the following decisions depending on the circumstances:
1. to impose an administrative penalty where an unlawful act has genuinly beencommitted, and for which an administrative penalty should be imposed, in lightof the gravity and specific circumstances of the case;
2. to not impose an administrative penalty where an unlawful act is minor andwhich, according to the law, may be exempt from an administrative penalty;
3. to not impose an administrative penalty where the facts regarding anunlawful act have not been proven; or
4. to transfer the case to a judicial organ where an unlaful act constitutes acrime.
Before imposing a heavier administrative penalty for an unlawful act which isof a complicated or grave nature, the leading officers of an administrativeorgan shall make a collective decision after reviewing the matter.
Article 39 To impose administrative penalties according to the provisionsof Article 38 of this Law, an administrative organ shall fill outadministrative penalty decision form. The following particulars shall beclearly recorded in the administrative penalty decision: form.
1. the name, or title, and address of the party;
2. the facts and evidence surrounding the violation of any laws, regulations orrules;
3. the type of and basis for an administrative penalty;
4. the manner of and time limit for enforcement of an administrative penalty;
5. the procedure and time limit for applying for administrative
reconsideration or for bringing an administrative lawsuit if the party refusesto accept the decision regarding the imposition of an administrative penalty;and
6. the title of the administrative organ that makes the decision regarding theimposition of an administrative penalty and the date on which the decision ismade.
The seal of the administrative organ that makes the decision on theadministrative penalty must be affixed to the administrative penalty decisionform.
Article 40 The administrative penalty decision form shall be given to theparty on the spot after announcement of the decision; if the party is notpresent, the administrative organ shall, within seven days, serve the partywith the administrative penalty decision form in accordance with the relevantprovisions of the Civil Procedure Law.
Article 41 If, before making a decision regarding the imposition of anadministrative penalty, an administrative organ or its law-enforcement officer,fails to notify, as stipulated in Articles 31 and 32 of this Law, the party ofthe facts surrounding the violation, the claims and the basis upon which theadministrative penalty is imposed, or refuses to heed the party's statement andthe party refuses to defend itself, the decision regarding the imposition of anadministrative penalty shall be invalid, unless the party waives the right tomake a statement or to defend itself. Section 3Procedure of Hearings
Article 42 An administrative organ, before making adecision regarding the imposition of an administrative penalty that involvesthe order of the suspension of production or of business, the rescission of abusiness permit or a license or the imposition of a relatively heavy fine,shall notify the party that he has the right to request a hearing; if the partyrequests a hearing, the administrative organ shall arrange for the hearing. Theparty shall not bear the expenses of the hearing arranged by the administrativeorgan. The hearing shall be arranged according to the following procedure:
1. the party shall request a hearing within three days after
being notified by the administrative organ;
2. the administrative organ shall, seven days before the hearing is held,notify the party of the time and place of the hearing;
3. the hearing shall be held openly, except where State secrets, businesssecrets or private affairs are involved;
4. the hearing shall be presided over by a person other than the investigatorof the case designated by the administrative organ; if the party believes thatthe person has a direct interest in the current case, he shall have the rightto apply for the person's withdrawal;
5. the party may participate in the hearing in person, or may entrust one ortwo persons to act on its behalf;
6. the investigator shall, when the hearing is conducted, put forward the factsregarding the violations of law committed by the party, the evidence andrecommendations for an administrative penalty; the party may defend itself andcross-examine witnesses; and
7. a written record shall be made of the hearing; the written record shall beshown to the party for review, and when the party acknowledges that the recordis free of error, it shall sign or affix its seal to it.
If the party has an objection to an administrative penalty that involves therestriction of the freedom of the person, the relevant provisions ofRegulations on Administrative Penalties for Public Security shall apply.
Article 43 When a hearing is concluded, the administrative organ shallmake a decision in accordance with the provisions of Article 38 of this Law. Chapter VI Enforcement of Administrative Penalties
Article 44 After a decision regarding the imposition of anadministrative penalty has been made in accordance with law, the party shallcarry it out within the time limit set out in the decision. Article 45If a party refuses to accept the decision regarding the imposition of anadministrative penalty and applies for administrative reconsideration or bringsan administrative lawsuit, enforcement of the administrative penalty shall notbe suspended, except as otherwise prescribed by law. Article 46 Theadministrative organ that makes the decision regarding the imposition of a fineshall not be responsible for collecting the fine.
Except for circumstances under which fines are collected on the spot, accordingto the provisions of Articles 47 and 48 of this Law, no administrative organsthat makes a decision regarding the imposition of an administrative penalty, orthat organ's law enforcement officers, shall collect fines.
The parties shall, within 15 days from the date they receive the administrativepenalty decision forms, pay the fines to a designated bank. The banks shallaccept the fines and turn them over to the State Treasury. Article 47If a decision regarding the imposition of an administrative penalty is made onthe spot in accordance with the provisions of Article 33 of this Law, lawenforcement officers may collect the fine immediately under one of thefollowing circumstances:
1. he fine imposed is not more than 20 RMB; or
2. it would be difficult to enforce the decision if the fine is not collectedon the spot. Article 48 If, after a decision regarding theimposition of a fine is made by an administrative organ or its law enforcementofficers, in accordance with the provisions of Article 33 or Article 38 of thisLaw, it is difficult for a party located in a remote area, or on water or doesnot have easy access to a designated bank where it can pay the fine,, theadministrative organ or its law enforcement officers may, upon a party'srequest, collect the fine on the spot. Article 49 Where finesare collected on the spot by an administrative organ or its law enforcementofficers, the parties shall be given receipts for the fines collected, as areissued by finance departments of provinces, autonomous regions ormunicipalities directly under the Central Government; if such receipts are notgiven, the parties shall have the right to refuse payment of the fine. Article50 Fines collected by law enforcement officers on the spot shall be turned overto administrative organs within two days from the date of collection; finescollected on the spot at an marine location shall be turned over toadministrative organs within two days from the date of returning to land; theadministrative organs shall, within two days, deliver the fines to a designatedbank. Article 51 If the parties fail to enforce the decisionregarding the imposition of an administrative penalty within the time limit,the administrative organ that made the decision regarding the imposition of anadministrative penalty may adopt the following measures:
1. to impose an additional fine at the rate of 3% of the amount of the fine perday;
2. in accordance with law, to sell by auction the sealed up or seized propertyor objects of value or to transfer frozen assets; and
3. to apply to a People's Court for compulsory enforcement. Article 52If the parties have genuine financial difficulties and need to postpone paymentof the fine or pay them in installments, payment may be temporarily suspendedor made in installments after the parties have applied to, and obtained,approval from the administrative organs. Article 53 With theexception of confiscated articles or goods that should be destroyed inaccordance with law, the unlawful property or objects of value that have beenconfiscated shall be sold by public auction in accordance with the regulationsof the State, or shall be disposed of in accordance with the relevant Stateregulations.
Fines, confiscated unlawful gains or money obtained from sale by auction of theconfiscated unlawful property or objects of value shall be turned over to theState Treasury, and no administrative organs or individuals may, in any manner,withhold, or share these privately; no finance department shall, give back theunlawful gains that were confiscated, or the money obtained from the sale byauction of the confiscated unlawful property or objects of value to theadministrative organ that imposed the fine. Article 54 Administrativeorgans shall establish a thorough supervisory system for the imposition andenforcement of administrative penalties. People's governments at or above thecounty level shall exercise strict supervision and inspection of the impositionand enforcement of administrative penalties.
A citizen, a legal person or any organization shall have the right to appeal anadministrative penalty imposed by an administrative organ. The administrativeorgan shall carefully examine the appeal, and where it finds that theadministrative penalty is wrong, it shall undertake to correct it. Chapter VII Legal Responsibilities
Article 55 If an administrative organ imposes anadministrative penalty in any of the following manners, it shall be ordered bythe administrative organ at the higher level or a relevant department to remedyits actions, and administrative sanctions may, in accordance with law, beimposed upon the persons who are directly in charge and any other persons whoare directly responsible for the offense:
1. without a statutory basis for imposing the administrative penalty;
2. by altering the types and range of available administrative penaltieswithout
authorization;
3. in violation of the legal procedures for imposing an administrative penalty;or
4. in violation of Article 18 of this Law, concerning entrusting anorganization with the imposition of administrative penalties. Article 56If administrative organs, when imposing penalties on the parties, do not usethe appropriate documents necessary to be completed when imposing fines andconfiscating property or objects of value, or complete documents necessary tobe completed when imposing fines and confiscating property or objects of value,that are prepared and issued by non-statutory departments, the parties have theright to refuse to accept the penalties, and the right to appeal the decision.The administrative organs at higher levels or the relevant departments shallconfiscate and destroy the illegal documents in use, and shall, in accordancewith the law, impose administrative sanctions upon the persons who are directlyin charge and any other persons who are directly responsible for the offense. Article57 If administrative organs, in violation of Article 46 of this Law, collectfines themselves, if finance departments, in violation of Article 53 of thisLaw, return to administrative organs fines collected or money obtained from thesale by auction of confiscated unlawful property or objects of value, theadministrative organs at higher levels or relevant departments shall order themto remedy their actions and shall, in accordance with the law, imposeadministrative sanctions upon the persons who are directly in charge and anyother person who is directly responsible for the offense. Article 58The fines, confiscated unlawful gains, property or objects of value that arewithheld, shared privately or embezzled by administrative organs shall berecovered by finance departments or relevant departments, and the persons whoare directly in charge and any other persons who are directly responsible forthe offense shall be given administrative sanctions according to the law; ifthe offense is serious enough to constitute a crime, criminal liability shallbe investigated in accordance with the law.
If law-enforcement officers, taking advantage of their powers and duties, askfor or accept other person's property or objects of value, or take into theirown possession fines they have collected and, if the offense constitutes acrime, they shall be investigated for criminal liability in accordance with thelaw; if the offense is of a non-serious nature and does not constitute a crime,administrative sanctions shall be imposed upon them in accordance with the law.Article 59 If administrative organs use or destroy the property or objectsof value they have seized, and thus cause losses to the parties, they shallprovide compensation to the parties, and administrative sanctions shall beimposed upon the persons who are directly in charge and any other persons whoare directly responsible for the offense. Article 60 Ifadministrative organs violate the law when conducting inspections or executingan administrative order, and consequently inflict damage on the person orproperty of citizens, or cause losses to legal persons or other organizations,they shall be responsible for compensating the parties for their losses, andthe persons who are directly in charge and any other persons who are directlyresponsible for the offense shall be subject to administrative sanctions inaccordance with the law; if the offence is serious enough to constitute acrime, criminal liability shall be investigated. Article 61 Ifadministrative organs, for the purpose of profiting their department, do nottransfer cases to judicial organs for investigation of criminal responsibilityas they are required to do in accordance with law, and impose administrativepenalties in place of criminal sanctions, the administrative organs at higherlevels or relevant departments shall order them to remedy their actions; ifthey refuse to do so, administrative sanctions shall be imposed upon thepersons who are directly in charge; persons who, in the course of their duties,commit acts for personal gain, or cover up violations of law, shall beinvestigated for criminal liability by applying mutatis mutandis Article 188 ofthe Criminal Law.
Article 62 If unlawful acts that should be investigated and punished arenot investigated and punished due to a dereliction of duty by a law enforcementofficer, thus damaging the lawful rights and interests of citizens, legalpersons and other organizations, as well as the public interest and the publicorder, the persons who are directly in charge and any other persons who aredirectly responsible for the offense shall be subject to administrativesanctions; if the violation is serious enough to constitute a crime, criminalliability shall be investigated. Chapter VIIISupplementary Provisions
Article 63 Specific measures for implementing theprovisions of Article 46 of this Law concerning the separation of the organsthat make decisions regarding whether to impose fines, from the organs thatcollect fines, shall be formulated by the State Council. Article 64 This Law willcome into effect as of October 1, 1996. Provisionsregarding administrative penalties in the regulations and rules enacted beforethe promulgation of this Law that do not comply with the provisions of this Lawshall be amended in accordance with the provisions of this Law from the date ofpromulgation of this Law, and such amendments shall be finished before December31, 1997.
