Provisional Radio, Film and Television Administrative Punishment Procedure Regulations
Ministry of Radio, Film and Television Decree
Chapter 1: General Principles
Article 1: In order to safeguard radio, film and television administrative management order, standardize radio, film and television administrative punishment acts, protect the lawful rights and interests of citizens, legal persons and other organizations, on the basis of the “Administrative Punishment Law”, these Regulations are formulated.
Article 2: Where county level or higher (including county-level) administrative radio, film and television entities and county-level or higher radio, film and television management entities authorized to have administrative punishment rights through laws or regulations implement administrative punishment, the “Administrative Punishment Law” and these Regulations apply. Administrative radio, film and television entities may according to work needs, entrust implementation of administrative punishment to organizations conforming to the provisions of Article 19 of the “Administrative Punishment Law”, where entrusted organizations implement administrative punishment, the “Administrative Punishment Law” and these Regulations apply.
Article 3: Implementation of administrative radio, film and television punishment, must take the facts as basis, and correspond to the nature and circumstances of the unlawful act and the level of social harm.
Article 4: Implementation of administrative radio, film and television punishment, must take laws, regulations, rules and standardizing documents as basis.
Article 5: Law enforcement personnel implementing administrative radio, film and television punishment, must conduct notification duties according to the law, safeguarding the lawful rights and interests of the parties.
Article 6: When investigating cases violating administrative radio, film and television management, the parties must be instructed to immediately rectify or rectify within a fixed time limit their unlawful acts, and the principles of first obtaining evidence and then adjudicating must be followed. Investigations and evidence must be complete, objective and fair; the investigation procedure must be lawful.
Article 7: Implementation of administrative radio, film and television , will be within the jurisdiction of the county-level or higher (including county-level) radio, film and television management entity having administrative punishment power in the locality where the unlawful act takes place.
Article 8: Where there is dispute over jurisdiction, it shall be reported to the administrative radio, film and television entity of one level higher, which assigns jurisdiction. Where the higher-level administrative radio, film and television entity deems it necessary, it may directly assume jurisdiction.
Article 9: Law enforcement personnel, when investigating and prosecuting cases, must have administrative law enforcement credentials uniformly issued by the Ministry of Radio, Film and Television, and may not be with less than two people. Where one of the following circumstances is present, law enforcement personnel shall withdraw of their own accord. The parties may also request their withdrawal.
(1) Being a party or a relative of a party or agent in this case;
(2) having a relation of interest with this case;
(3) having other relations with the parties in this case, which possibly influence the fair handling of this case.
The withdrawal decision will be made by the responsible person in charge of that work unit.
Article 10: When implementing administrative radio, film and television punishment, two or more fines or punishments may not be imposed against the same unlawful act of the parties
Article 11: Where violation of administrative radio, film and television management constitutes a crime, it shall be transferred to the judicial organs.
Article 12: If acts violating administrative radio, film and television management are not discovered within two years, they shall not be punished. Except where laws provide otherwise. The time limit provided in the previous line, is to be counted from the day on which the unlawful act occurred; where the unlawful act as a running or continuous nature, it will be counted from end date of the act.
Chapter II, The simple procedure
Article 13: Where unlawful facts are clear, and the circumstances relatively light, a warning or a fine of 50 Yuan or less for citizens and 1000 Yuan or less for legal persons shall be imposed, law enforcement personnel may make an administrative punishment decision on the spot, and hand over the punishment decision letter to the parties.
Article 14: Where law enforcement personnel make an administrative punishment decision on the spot, they shall fulfil the following duties:
(1) showing their law enforcement credentials;
(2) pointing out the unlawful facts of the parties and the reasons and grounds for receiving punishment;
(3) listening to and answering to the parties’ defence and inquiries, and notifying the parties that they have rights such as applying for administrative redress, administrative lawsuits, etc., according to the law;
(4) announcing the administrative punishment that shall be imposed, and filling out the administrative punishment decision letter.
Article 15: Law enforcement personnel may on the spot collect fines of 20 Yuan or lower, and provide the party with a provincial-level financial administration entity uniform fine receipt. Fines collected according to the previous line, shall be handed over by the law enforcement staff within two days of the day of receipt to their work unit, and will be transferred to a uniformly appointed bank by that work unit.
Article 16: Where in application of the simple procedure, a fine between 20 Yuan and 1000 Yuan is decided, the parties shall go to an appointed bank to hand it over within 15 days of receiving the punishment decision letter.
Article 17: Punishment decision letters made for administrative punishment on the spot, shall be filed.
Chapter III: The standard procedure
Article 18: Of administrative cases apart from those where punishment is imposed on the spot, a file shall be timely made and reported for approval.
Article 19: Where a case is established, investigated and prosecuted after an approval decision, law enforcement personnel shall conduct investigation, and produce investigation notes, on-the spot-notes, etc.
Article 20: Law enforcement personnel conducting investigation and collecting evidence, shall fulfil the following duties:
(1) showing their law enforcement credentials
(2) producing investigation notes or on-the-spot notes;
(3) produce other notes as required by investigation matters.
Article 21: Investigation notes or on-the-spot notes shall be signed and stamped by the parties or relevant personnel that is present after checking. Where signing or stamping is refused, the law enforcement personnel that are present may sign and stamp and clearly indicate the circumstances.
Article 22: Law enforcement personnel shall timely stop the parties’ unlawful acts, avoiding the creation of grave consequences.
Article 23: Law enforcement personnel may adopt methods such as inquiry, sample investigation, picture taking, etc., to collect evidence. Evidence that might be lost or is difficult to obtained afterwards, after approval of the responsible person in charge of that work unit, may be registered and preserved, and a registration and preservation list or on-the-spot notes shall be filled out.
Article 24: For registered and preserved evidence, a suitable location for appropriate preservation shall be chosen considering the situation, and a handling decision shall be made within seven days. In this period, no person may without authorization use, destroy or move the evidence.
Article 25: Law enforcement personnel adopting compulsory measures according to laws and regulations, must have approval from the responsible person in charge of that work unit.
Article 26: Law enforcement personnel believing that the basic case facts have been thoroughly investigated, shall draw up a case handling opinion letter, and shall deliver a copy of the case handling opinion letter together with the parties’ receipt notice within three days. The delivering person may collect the parties’ receipt notice on the spot, and may also receive it within a fixed time limit. Where the parties have without proper reason not handed over the receipt, they shall be considered as having renounced their right to defence and hearing.
Article 27: Law enforcement personnel, after receiving the parties’ receipt, shall make a proposition of amending or not amending the case handling opinion letter, and shall report it to the responsible person in charge of that work unit.
Article 28: That work unit’s responsible person in charge must conduct examination of the case handling opinion letter, and on the basis of the different circumstances make the following decisions:
(1) where there truly are unlawful acts that should receive administrative punishment, according to the gravity of the circumstances and the concrete situation, making an administrative punishment decision;
(2) where the unlawful acts are relatively small, it is permitted to not impose administrative punishment according to the law;
(3) where unlawful facts cannot be established, administrative punishment may not be imposed;
(4) where the unlawful facts constitute a crime, they shall be transferred to judicial organs. Where circumstances of the unlawful acts are complicated or major, and a relatively heavy administrative punishment needs to be imposed, the responsible persons of that work units shall discuss on a decision collectively. For administrative punishment cases collectively discussed, the leading cadre responsibility system applies.
Article 29: Where the decision is made to impose administrative punishment, an administrative punishment decision letter shall be made according to the provisions of Article 39 of the “Administrative Punishment Law”, and shall be delivered directly to the parties within seven days.
Article 30: The administrative punishment decision letter may be delivered according to the relevant procedure provided in the “Civil Procedure Law”. The parties shall sign for delivery of the administrative punishment decision letter. Except for registered mail and delivery through public announcement. Where it is refused to sign for delivery of the administrative punishment decision, the delivering person may detain delivery, and clearly write the reasons for non-signing.
Article 31: Once the administrative punishment decision is made, the parties shall within the time limit of the administrative punishment decision, fulfil their punishment. Where the parties raise administrative redress or administrative lawsuits against the administrative punishment decision, the administrative punishment shall be executed without halt. Except where laws provide otherwise.
Article 32: Where the standard procedure is used to impose fine punishment, the parties shall go to an appointed bank within 15 days of receiving the punishment decision to pay. But fines which if not collected on the spot, will be difficult to collect afterwards, may be collected on the spot.
Article 33: Where the parties have not paid the fine within the time limit, an additional punishment of 3% will be added to the value of the fine every day; where the parties have not fulfilled the administrative punishment decision within the time limit, it is permitted to apply for compulsory measures with the People’s Courts.
Article 34: Confiscated unlawful goods or facilities, shall be handed over to work units having auction operating power for auctioning according to the uniform regulations of provinces, autonomous region and municipalities people’s political comment over confiscated illegal goods
Article 35: Fines, confiscated unlawful income and auction monies from collected unlawful goods and facilities, must be handed up to the national treasury according to the law.
Article 36: After completion of administrative punishment case execution, a case conclusion report shall be made up.
Chapter IV, the hearing procedure
Article 37: Before imposing the administrative punishment of ordering cessation of production or business, revoking permits or licences, and relatively high fines, where the parties require conducting of a hearing, a hearing shall be organized. Where the parties require a hearing, they shall put this forward within three days after being informed of their right of hearing.
Article 38: Hearing standards for relatively high fine, shall be executed according to standards formulated by provincial, autonomous region and municipal People’s Congress Standing Committees. Where the Ministry of Radio, Film and Television decides to fine 100.000 Yuan or more (including 100.000 Yuan), the parties may require a hearing.
Article 39: For organizing a hearing activity, a hearing chairperson and secretary, as well as a hearing time and place shall be determined, and the parties and relevant persons shall be notified seven days in advance of the hearing. The hearing shall be chaired by that work unit’s legal system organ or an organ having nothing to do with that case.
Article 40: Hearing activities shall be organized publicly. Except where they involve State secrets, business secrets or individual privacy.
Article 41: The debate of a hearing shall be determined and guided by the hearing chair, hearing activities shall abide by the following rules:
(1) the chair proclaims the start of the hearing, disciplines of the hearing and notifies the parties of their right and duties in the hearing;
(2) the chair inquires the parties, the case investigating personnel, witnesses and other relevant persons, and requires the display of corresponding evidence material;
(3) the parties or their representative and the investigating personnel of that case conduct debate on the facts and the law, and conduct confrontation of the evidence;
(4) in questions to which both parties stick to their guns, the hearing chairperson has the power to end the hearing debate;
(5) after conclusion of the debate, the parties make a final account;
(6) the hearing chairperson proclaims the end of the hearing;
(7) of the hearing, notes shall be taken, and these, after the persons attending check and verify the, shall be signed or stamped. As for the withdrawal of the hearing chairperson, the provisions of the second item of Article 9 of these Regulations apply. Whether or not the hearing chairperson is withdrawn, is decided by the head of that work unit.
Article 42: When the parties request new witnesses to be present at the hearing or cite new evidence that needs to be authenticated, the hearing procedure may be suspended, and postponed. The concrete time of postponement shall be notified elsewhere.
Article 43: The hearing notes shall be reported together with the documents listed in Article 27 of these Regulations.
Chapter V, Administrative Punishment Filing Procedure
Article 44: Administrative punishment cases’ legal documents and case-related materials, shall be files timely according to the following sequence:
(1) dossier title page;
(2) dossier material catalogue;
(3) case establishment approval document;
(4) punishment decision letter (or other decision letters);
(5) case conclusion report;
(6) investigation notes;
(7) administrative punishment opinion letter (original copy);
(8) the parties’ receipt notice;
(9) hearing notes;
(10) other discussion notes;
(11) registration and preservation form;
(12) compulsory measure notes;
(13) property handling document;
(14) other relevant materials;
(15) dossier back cover.
Case materials that although a case was established, no punishment decision was taken or temporarily are not clear and no decision can be taken, shall also be filed according to the provisions of the previous clause.
Article 45: Administrative punishment dossiers must be one dossier per case, signed and stamped by the record keeper. No person may secretly add materials to or remove from the dossiers. Without permission, it is prohibited to borrow or read them unauthorized.
Article 46: For administrative radio, film and television punishment cases, a “Case Handling Report Form” shall be filled out, and shall be reported at the end of every quarter to the competent authority of one level higher for filing.
Chapter VI: Legal liability
Article 47: Higher-level administrative competent authorities, where administrative punishments are implemented in violation of these Regulations, shall order rectification. Where circumstances are grave, it shall be dealt with according to the relevant provisions of the “Administrative Punishment Law”.
Article 48: Responsible persons or responsible person in charge, in violations of laws, regulations and these Regulations, implementing administrative punishment, creating administrative compensation, shall be subject to administrative sanctions or bear complete or partial compensation of fees with regard to the gravity of the circumstances.
Article 49: Law enforcement personnel derelicting their duties, and not stopping or punishing unlawful activities that should be stopped or punished, resulting in harm to radio, film and television management order or the lawful rights and interests citizens, legal persons or other organizations, shall be subject to administrative punishment with regard to the gravity of the circumstances; where circumstances are grave, constituting a crime, criminal liability shall be prosecuted according to the law.
Chapter VII, supplementary provisions
Article 50: Legal documents such as the ”party receipt notice”, “punishment decision letter”, etc., in these documents as well as the “Case Punishment Report Form” shall be produced according to uniform Ministry of Radio, Film and Television specimens.
Article 51: These Regulations take effect on the day of promulgation.
第一章 总 则
第二条 县级以上(含县级)广播电影电视行政机关和经法律、法规授权具有行政处罚权的县级以上广播电影电视管理部门实施行政处罚，适用《行政处罚法》和本规定 。
第五条 实施广播电影电视行政处罚的执法人员，必须依法履行告知义务， 维护当事人合法权益。
第十二条 违反广播电影电视行政管理的行为在二年内未被发现的，不再予 以处罚。法律另有规定的除外。
第十三条 对违法事实清楚，情节较轻，应给予警告或对公民处以五十元以下、对法人处以一千元以下罚款的，执法人员可以当场作出行政处罚决定，并将处罚决定书交付当事 人。
第十六条 适用简易程序决定处罚二十元以上一千元以下罚款的，由当事人 自收到决定书后十五日内到指定银行缴纳。
第十九条 经批准决定立案查处的，执法人员应当进行调查，并制作调查笔 录、现场笔录等。
第七章 附 则