Revised Law on Administrative Penalties Adopted to Regulate Delegation of Power to Impose Administrative Penalties to Townships and Sub-districts
The Law of the People's Republic of China on Administrative Penalties (Revised in 2021) (the "Law"), deliberated at the 25th Session of the Standing Committee of the 13th National People's Congress ("NPC"), was recently issued, with effect from July 15, 2021.
The Law consists of eight chapters, including types and creation of administrative penalties, organs imposing administrative penalties, jurisdiction and application of administrative penalties, decisions on administrative penalty, enforcement of administrative penalties, and legal liability. Among others, the Law requires that the decision of a province, an autonomous region or a municipality directly under the Central Government on delegating the power to impose administrative penalties to its townships and sub-districts shall be announced; people's governments of the townships and sub-district offices that take over the power to impose administrative penalties shall improve their law enforcement capabilities, and impose administrative penalties in accordance with the prescribed scope and legal procedures. The Law also specifies that, unlawful gains refer to the money obtained from the implementation of illegal acts, unless otherwise stipulated by laws, administrative regulations and departmental rules; if illegal acts involve citizens' life and health security or financial security and cause harmful consequences, the time limit for the pursuit of liability will be extended to five years; and the imposition of administrative penalties by administrative organs shall be subject to social supervision.
(Source: www.npc.gov.cn)