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Provisions on the Procedures of Public Security Organs in Handling Administrative Cases (revised 20 18)
Chap I general provisions article 1 these provision are formulated in accordance with that administrative punishment Law of the people's republic of China, the administrative compulsory Law of the people's republic of China, the People's Republic of China (PRC) public security administration punishment Law and other relevant laws and administrative regulations in ord to standardize the procedures for public security organs to handle administrative cases, ensure the public security organs to correctly perform their duties in handling administrative cases and protect the legitimate rights and interests of citizens, legal persons and other organizations. Article 2 The term "administrative cases" as mentioned in these Provisions refers to cases in which the public security organs make decisions on administrative punishment, compulsory isolation, drug rehabilitation, education and other treatment measures against offenders in accordance with the provisions of laws, regulations and rules.

The term "public security organs" as mentioned in these Provisions refers to public security organs at or above the county level, police stations, business departments of public security organs with independent law enforcement qualifications and entry-exit frontier inspection stations. Article 3 The handling of administrative cases shall be based on facts and take the law as the criterion. Article 4 In handling administrative cases, the principles of legality, fairness, openness and timeliness shall be followed, human rights shall be respected and guaranteed, and the personal dignity of citizens shall be protected. Article 5 In handling administrative cases, we should adhere to the principle of combining education with punishment, and educate citizens, legal persons and other organizations to consciously abide by the law. Article 6 When trying administrative cases of minors, their legitimate rights and interests shall be protected according to their physical and mental characteristics. Article 7 When handling administrative cases in areas where ethnic minorities live in compact communities or where many ethnic groups live together, inquiries should be made in the local common language. Translation should be provided for parties who are not familiar with the local language and writing. Article 8 When handling administrative cases, public security organs and their people's policemen shall keep the state secrets, business secrets or personal privacy involved. Article 9 If the people's police of public security organs neglect their duties, engage in malpractices for selfish ends, abuse their powers and ask for or accept other people's property, they shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Chapter II Jurisdiction Article 10 An administrative case shall be under the jurisdiction of the public security organ in the place where the illegal act occurred. If it is more appropriate to be under the jurisdiction of the public security organ in the criminal's residence, it may be under the jurisdiction of the public security organ in the criminal's residence, except for prostitution, whoring, gambling and drug cases.

The place where the illegal act occurred includes the place where the illegal act occurred and the place where the illegal result occurred. The place where the illegal act occurred, including the place where the illegal act was committed and the starting and ending places related to the illegal act; If the illegal act is continuous, continuous or continuous, the place where the illegal act is continuous, continuous or continuous belongs to the place where the illegal act occurred. The place where the illegal result occurs includes the place where the illegal object is infringed, the place where the illegal income is actually obtained, the place where it is hidden, the place where it is transferred, the place where it is used and the place where it is sold.

Domicile includes domicile and habitual residence. The habitual residence refers to the place where citizens have lived continuously for more than 1 year, except for hospitalization.

When transferring an administrative case under the jurisdiction of the public security organ in the criminal's residence, the public security organ in the criminal's residence shall collect evidence in time before the transfer, and cooperate with the public security organ in the criminal's residence to investigate and collect evidence. Article 11 An illegal act committed against or using the Internet may be under the jurisdiction of the public security organ at the location of the website server where the illegal act is committed, the location of the website builder or manager, the location of the infringed network and its operator, the location of the network used by the violator and the infringed and its operator during the illegal act, the location of the infringer when the infringement occurs, and the location where the property of the infringed suffers losses. Article 12 An administrative case on a moving bus shall be under the jurisdiction of the public security organ at the place where the bus stops first after the incident. When necessary, the public security organs at the place of origin, transit and arrival may also have jurisdiction. Article 13 Administrative cases shall be handled by county-level public security organs and their police stations, business departments of public security organs with independent law enforcement qualifications according to law, and entry-exit frontier inspection stations in accordance with the authorization and division of jurisdiction of laws, administrative regulations and rules, except that the laws, administrative regulations and rules stipulate that public security organs at or above the municipal level shall handle them. Article 14 Administrative cases over which several public security organs have jurisdiction shall be under the jurisdiction of the public security organ that accepts them first. When necessary, it may be under the jurisdiction of the public security organ in the place where the main illegal act is committed. Article 15 Any dispute over jurisdiction shall be reported to the common public security organ at the next higher level for designation of jurisdiction.

For major and complicated cases, public security organs at higher levels can directly handle or designate jurisdiction.

If the public security organ at a higher level directly handles or designates jurisdiction, it shall notify the designated public security organ and other relevant public security organs in writing.

The public security organ that originally accepted the case will no longer exercise jurisdiction from the date of receiving the written notice from the public security organ at a higher level, and immediately transfer the case file materials to the public security organ under the designated jurisdiction or the public security organ at a higher level, and notify the parties in writing in time. Article 16 railway police authorities shall have jurisdiction over administrative cases that occur in trains, station operation areas, railway system organs, factories, sections, stations, teams and other units, as well as administrative cases that may affect the safety of railway transportation and steal railway facilities, such as setting obstacles on railway lines, damaging or moving railway facilities. Cases of reselling, forging or altering train tickets shall be under the jurisdiction of the railway or local public security organ that originally accepted them. When necessary, it may be transferred to the railway or local public security organ where the main illegal act occurred.

Traffic public security organs have jurisdiction over administrative cases that occur in ships, ports, docks, port and shipping system organs, factories, research institutes, teams and other units managed by port and shipping management institutions.

The civil aviation public security organs shall be in charge of administrative cases in airport work areas managed by civil aviation administrative agencies, civil aviation institutions, factories, research institutes, teams and other units and civil aviation aircraft.

The forest public security organs in state-owned forest areas have jurisdiction over administrative cases that occur in forest areas.

The customs anti-smuggling agency has jurisdiction over public security cases that hinder the customs anti-smuggling police from performing their duties according to law.