Ministry of Culture of the People’s Republic of China Decree
The “Cultural Market Administrative Law Enforcement Management Rules” were passed at the ministerial affairs meeting of the Ministry of Culture on 16 June 2005, are hereby promulgated, and take effect on 1 July 2006.
Minister: Sun Jiazheng
16 March 2006
Cultural Market Administrative Law Enforcement Management Rules
Chapter I: General Provisions
Article 1: In order to standardize administrative cultural market law enforcement activities, strengthen cultural market management, safeguard cultural market management order, protect the lawful rights and interests of citizens, legal persons and other organizations, stimulate the healthy development of the cultural market, according to relevant State laws and regulations, these Rules are formulated.
Article 2: Administrative cultural market law enforcement as named in these Rules refers to concrete administrative acts of all levels’ People’s Government culture entities or other law enforcement entities empowered through laws or regulations (hereafter simply named law enforcement organs), according to the provisions of relevant State laws, regulations and rules, conducting supervision and examination over citizens’, legal persons’ or other organizations’ culture business activities, and imposing punishments against unlawful activities.
Article 3: The scope of administrative cultural market law enforcement as named in these Rules is:
(1) commercial performance activities;
(2) audiovisual product import, wholesale, retail, rental and screening;
(3) entertainment venue business activities;
(4) artwork business activities;
(5) film distribution and screening business activities;
(6) Internet surfing service business venues and Internet culture business activities;
(7) other culture business activities managed by administrative culture entities.
Article 4: Administrative cultural market law enforcement abides by the principles of fairness, justice and openness, an administrative law enforcement system with clear rights and obligations, standardized activities, effective supervision and strong guarantees is established.
Article 5: The Ministry of Culture guides administrative cultural market law enforcement work nationwide according to the division of responsibilities, formulates regulatory systems for administrative cultural market law enforcement and training plans for administrative cultural market law enforcement personnel, guides and coordinates local law enforcement organs’ investigating and prosecuting of large and major cases, supervises local law enforcement organs’ administrative law enforcement.
All county-level or higher levels’ law enforcement organs are responsible for administrative cultural market law enforcement work in their administrative regions according to the division of responsibilities.
Article 6: Law enforcement organ and administrative cultural market law enforcement personnel (hereafter simply named law enforcement personnel) shall enforce the law according to the provisions of State laws and regulations and the procedures provided in these Rules, and accept law enforcement supervision from relevant entities.
Article 7: Administrative culture entities grant awards and rewards to law enforcement organs and law enforcement personnel having remarkable work achievements.
Chapter II: Law enforcement organs and law enforcement personnel
Article 8: Administrative culture entities shall strengthen law enforcement team construction, complete all regulatory systems and perfect law enforcement mechanisms.
Article 9: Law enforcement organs duties:
(1) propagating and implementing cultural market management policies, laws and regulations;
(2) conducting supervision and examination over citizens’, legal persons’ and other organizations’ culture business activities in their jurisdiction according to the law, and imposing punishment against their unlawful activities;
(3) organizing law enforcement personnel training and assessment;
(4) supervising and guiding lower-level law enforcement organ work;
(5) putting forward proposals relating to perfecting cultural market management laws, regulations and rules to legislative organs and administrative organs.
Article 10: law enforcement organs shall perfect cultural market reporting systems, and announce reporting telephones and e-mail addresses to society, complete reporting networks, and timely accept and handle reports according to the law.
Article 11: Law enforcement organs shall establish and perfect daily cultural market examination and regular examination systems.
Article 12: For administrative cultural market law enforcement, large and major punishment decision filing systems and communication systems are implemented.
Where law enforcement organs impose administrative punishments such as ordering cessation of business for rectification, cancelling permits or relatively high fines, they shall report this within 15 days of making the administrative punishment decision to the permit organ and the higher-level administrative culture law enforcement organ for filing.
Where law enforcement organs impose administrative punishments such as cessation of business for rectification, cancelling permits, etc. they shall timely communicate the punishment decision to corresponding entities such as public security, industry and commerce, etc.
Article 13: For administrative cultural market law enforcement, a major and large case reporting system is implemented.
Within 24 hours of large and major cases happening, local law enforcement organs shall report the situation of that case to higher-level law enforcement organs.
Article 14: For administrative cultural market law enforcement, a law enforcement periodical data report system is implemented.
Article 15: Law enforcement organs shall allocate equipment and facilities required for administrative law enforcement such as communication, transportation, examination, evidence gathering, etc.
Article 16: Law enforcement organs employing law enforcement personnel, shall openly hire by examination according to State regulations, and enrol only those who are outstanding.
Article 17: Law enforcement personnel shall meet the following conditions:
(1) being firm politically, have good work style, observing discipline, being in good health;
(2) not having a record of committing crimes before engaging administrative cultural market law enforcement work;
(3) knowing cultural market management laws, regulations and rules well, grasping knowledge and skills required for cultural market management work.
Article 18: Law enforcement personnel, after on-the-job training and passing examinations, obtain administrative cultural market law enforcement credentials. Law enforcement personnel training content and assessment standards are uniformly determined by the Ministry of Culture, and provincial-level administrative culture entities organize implementation.
Article 19: Law enforcement organs shall annually conduct professional assessment of law enforcement personnel, law enforcement personnel assessed as not meeting standards may not continue to engage in administrative law enforcement work.
Article 20: The annual participation time of law enforcement personnel in professional knowledge and skills training may not be less than 40 hours. Law enforcement organs shall encourage and support law enforcement personnel to participate in all sorts of on-the-job continuous education activities.
Article 21: Law enforcement organs implement a regular law enforcement personnel post rotation system, the same post may in principle not be held for more than five years.
Chapter III: Law enforcement procedures
Article 22: Jurisdiction over cultural market administrative unlawful cases is with the county-level or higher law enforcement organ of the locality where the unlawful act takes place. Where laws or administrative regulations provide otherwise, those provisions shall be followed.
Where law enforcement organ’s discover that cases they investigate and prosecute do not fall under their jurisdiction, they shall transfer the case timely to the administrative culture entity or other organ that has jurisdiction; where the unlawful act constitutes a crime, it shall be transferred to judiciary authorities to investigate criminal liability according to the law.
Article 23: Law enforcement organs launching administrative law enforcement activities, shall strictly conduct these according to the provisions of laws, regulations and these Rules, and produce law enforcement documents according to the law.
Article 24: Law enforcement personnel carry out their duties according to the law, and shall show their law enforcement credentials to parties concerned or relevant personnel.
Article 25: Activities of citizens, legal persons or other economic groups violating cultural market management regulations, shall be subject to administrative punishment according to the law, law enforcement organs must ascertain the facts; where the unlawful facts are not clear, administrative punishment may not be imposed.
Article 26: Before imposing administrative punishment, law enforcement organs shall notify the parties about the facts, reasons and basis for making a decision of administrative punishment, and notify the parties of the rights they enjoy according to the law.
Article 27: Parties have the right to give their accounts and to plead their case. Law enforcement personnel must fully listen to the parties’ opinions and produce notes, and shall conduct review of the facts, reasons and basis put forward by the parties, and where these are established after checking, they are to be accepted.
Article 28: Where the unlawful facts are conclusive and there is a legal basis to impose the administrative punishment of a fine of 50 Yuan or less for citizens, or a fine of 1.000 Yuan or less for legal persons or other organizations, or a warning, a decision may be made on the sport, law enforcement personnel shall fill out a predetermined form, draft a numbered “Administrative Culture (On the Spot) Punishment Decision Note”, and submit it to the parties.
Law enforcement personnel report and file these within three days of making the on-the-spot punishment decision to the law enforcement organ they are subordinate to.
Article 29: Apart from administrative punishments that may be made on the spot according to the law, where law enforcement organ’s discover activities by citizens, legal persons or other organizations that should be subject to administrative punishment according to the law, it shall register and file these, and timely, completely, objectively and fairly conduct investigation, collect relevant evidence, and when necessary, conduct examinations according to relevant provisions of laws and regulations.
Evidence includes documental evidence, material evidence, witness testimonies, audiovisual material, statements of the parties, appraisal conclusions, inquest notes and on-the spot notes or other relevant evidence. Evidence must be verified, before it can act as a basis for establishing facts.
Article 30: When law enforcement organs investigate or examine, there may not be less than two people, the parties and relevant personnel shall respond to questions according to the facts, and assist in investigations or examinations, and may not obstruct them. Law enforcement personnel shall produce questioning or examination notes, and submit them to the parties or relevant personnel for review, and after checking that there are no errors, they are signed or stamped by the parties. Where the parties or relevant personnel refuse, two or more law enforcement personnel indicate the situation on the notes and sign them.
Article 31: When law enforcement personnel collects evidence, they may use the method of collecting samples; under circumstances where evidence may be lost or is hard to obtain afterwards, with the approval of the law enforcement organ’s person in charge, they may adopt steps such as advance registered storage, etc.
When conducting sample collecting of evidence or registered storage, the parties shall be present; where the parties are not present or refuse to be present, it is permitted to request other personnel present to testify and indicate this. A detailed list of collected samples or objects put in registered storage shall be compiled, and according to the situation, a “Sampling Evidence Voucher” or a “Evidence Registered Storage List” is made respectively, indicating matters such as the goods’ name, quantity, unit price, etc., which is stamped or signed by the law enforcement personnel and the parties, and handed over to the parties. Where the parties refuse to sign, stamp or accept it, two or more law enforcement personnel shall indicate this on the voucher or list and sign it.
When putting objects into registered storage, where storage in the original location may impair public order or public security, it may be moved to another location for storage.
Article 32: For evidence put in advanced registered storage, within 7 days, the following handling decisions shall be made according to the law:
(1) where technological examination or appraisal is required according to the law, submitting for examination or appraisal;
(2) objects not required to be confiscated according to the law, returning to the parties;
(3) where it shall be handed over to relevant entities for handling according to the law, handing over to relevant entities;
where laws or regulations provide otherwise, these regulations are followed.
Article 33: At the end of the examination, law enforcement organ’s personnel in charge shall conduct examination of the investigation results, and according to the situation, make a decision respectively of imposing administrative punishment, not imposing administrative punishment or transferring it to the judiciary for handling.
Before making an administrative punishment decision, law enforcement organs shall produce a “Culture Market Administrative Punishment Notice” and send it to the parties, notify the content and facts, reasons and basis for the drafted administrative punishment. Where law enforcement organs draft administrative punishment decisions such as cessation of business for rectification, cancelling permits, or relatively high fines, the “Culture Market Administrative Punishment Notice” shall indicate that the parties have the right to require the organization of a hearing within three days of organizing the notification; where the parties require a hearing, the law enforcement organ that drafted the administrative punishment decision shall organize a hearing.
Article 34: Hearings shall be conducted according to the following procedure:
(1) the haring chairman proclaims the hearing opened, proclaims a case brief, and hearing disciplines, the rights and obligations of the parties, proclaims and checks the name list of the personnel attending the hearing;
(2) investigating personnel put forward the facts of the parties’ unlawful activities, evidence, punishment basis and administrative punishment reasons;
(3) the parties may put forward evidence, conduct statements and pleadings, and conduct confrontation of the evidence put forward by the investigating personnel;
(4) the hearing chairmen questions relevant persons such as the parties, investigation personnel, witnesses, etc;
(5) the parties make a last statement;
(6) the hearing chairman proclaims the hearing closed.
Article 35: Notes shall be produced of hearings, submitted to the parties and after checking for errors, signed or stamped.
The hearing chairman shall according to the hearing situation make a written report, and report it to the law enforcement organ together with the notes.
The main content of the report is: the case brief, hearing time and location, the name of people attending the hearing, matters concerning pleading and confronting, and the evidence distinguishing and fact appraisal situation.
Article 36: The administrative punishment decision letter shall be handed over to the parties after proclamation, the parties note the day of receipt on the receipt slip, and sign or stamp it.
Where parties are not present, law enforcement organs shall within 7 days according to the relevant provisions of the civil procedure law, send the administrative punishment decision letter to the parties.
Article 37: Property confiscated according to the law, must be openly auctioned according to State regulations or handled according to relevant State regulations.
Objects that shall be destroyed according to the law, with the approval of the law enforcement organ’s person in charge, are destroyed under the supervision of two or more law enforcement personnel, and destruction notes are produced.
Article 38: Law enforcement documents and relevant materials shall be according to the provisions of relevant laws and regulations, be classified, bound together, and filed.
Chapter V, Law enforcement supervision and responsibility investigation
Article 39 Higher-level law enforcement organs conduct law enforcement supervision over lower-level law enforcement organs and law enforcement personnel’s law enforcement activities.
Article 40: Law enforcement supervision content includes:
(1) law enforcement subjects;
(2) law enforcement procedures;
(3) application of laws, regulations and rules;
(4) the situation of implementing statutory duties;
(5) law enforcement organs’ internal management systems;
(6) dealing with confiscated material;
(7) other content that needs to be supervised.
Article 41: Law enforcement supervision methods:
(1) accepting complaints, accusations and reports against unlawful administrative activities, and directly or enjoining other relevant entities to deal with it;
(2) conducting examination over law enforcement work;
(3) consulting administrative law enforcement records and other materials;
(4) within the scope of duties, adopting other methods.
Article 42: Where higher-level law enforcement organs discover that lower-level law enforcement organs and law enforcement personnel has one of the following circumstances in the process of law enforcement, they shall impose the administrative punishment of imposing rectification or cancellation, where the parties’ lawful rights and interests are harmed, they shall be given compensation according to the law;
(1) where law enforcement subjects are not lawful;
(2) where law enforcement procedures are unlawful;
(3) where laws, regulations or rules are applied in error in concrete administrative activities;
(4) where confiscated products are illegally disposed of.
Article 43: Where the administrative punishments because of the matters listed have the following effects, the responsibility of the directly responsible persons or the main persons in charge will be investigated, and on the basis of the gravity of the circumstances, may be suspended or their law enforcement credentials may be recalled:
(1) where People’s Courts cancel or change cultural administrative law enforcement punishment decisions;
(2) where reconsideration organs cancel or change cultural administrative law enforcement decisions.
Article 44: Where law enforcement personnel have one of the following circumstances, but is does not constitute a crime, they shall be subject to administrative punishment according to the law, and their law enforcement credentials shall be recalled; where circumstances are grave, and it constitutes a crime, criminal liability shall be investigated according to the law:
(1) where abusing powers, violating the lawful rights and interests of citizens, legal persons and other organizations;
(2) where using powers or work conveniences to demand or receive assets from other persons, or to support, connive or shield unlawful cultural market business activities;
(3) where not accepting or dealing with reports by the public, or delaying and shifting responsibility;
(4) where divulging report content or law enforcement activity arrangements;
(5) where forging, distorting or hiding and destroying evidence;
(6) where derelicting duties leading to grave consequences;
(7) where participating in cultural business activities in any way;
(8) other activities gravely violating laws, regulations and rules.
Article 45: When law enforcement personnel’s law enforcement credentials are suspended, they may not engage in administrative law enforcement activities; where law enforcement personnel’s law enforcement credentials are recalled, they shall leave administrative law enforcement posts, and may not engage in administrative law enforcement work again.
Chapter V: Supplementary provisions
Article 46: The “People’s Republic of China Culture Market Inspection Card” is the lawful credential for law enforcement personnel to perform their duties, is produced uniformly by the Ministry of Culture, and approved and issued by provincial-level or higher administrative culture entities.
Law enforcement documents are designed uniformly by the Ministry of Culture, and produced under the supervision of provincial-level administrative culture entities.
Article 47: The Ministry of Culture is responsible for interpretation of these Rules.
Article 48: These Rules take effect on 1 July 2006. The “Provisional Culture Market Inspection Rules” promulgated on 14 November 1994 by the Ministry of Culture, the “Ministry of Culture Administrative Culture Punishment Procedure Regulations” promulgated on 31 December 1997 by the Ministry of Culture, and the “Provisional Culture Market Administrative Law Enforcement Misjudged Case Responsibility Investigation Rules”, promulgated on 15 May 2000 by the Ministry of Culture are abolished at the same time.
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部 长 孙家正
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