Law of the People's Republic of China on Penalties for Violations of Public Security Administration (Revised in 2025)
Law of the People's Republic of China on Penalties for Violations of Public Security Administration (Revised in 2025)
Law of the People's Republic of China on Penalties for Violations of Public Security Administration (Revised in 2025)
Order of the President of the People's Republic of China No. 49
June 27, 2025
The Law of the People's Republic of China on Penalties for Violations of Public Security Administration, revised and adopted at the 16th Session of the Standing Committee of the 14th National People's Congress of the People's Republic of China on June 27, 2025, is hereby issued and shall come into force on January 1, 2026.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on Penalties for Violations of Public Security Administration (Revised in 2025)
(Adopted at the 17th Session of the Standing Committee of the 10th National People's Congress on August 28, 2005; amended in accordance with the Decision on Revising the Law of the People's Republic of China on Penalties for Violations of Public Security Administration at the 29th Session of the Standing Committee of the 11th National People's Congress on October 26, 2012; and revised at the 16th Session of the Standing Committee of the 14th National People's Congress on June 27, 2025)
Contents
Chapter I General Provisions
Chapter II Types of Penalties and Their Application
Chapter III Acts Violating Public Security Administration and Their Penalties
Section 1 Acts Disturbing Public Order and Their Penalties
Section 2 Acts Endangering Public Security and Their Penalties
Section 3 Acts Infringing upon Personal Rights and Property Rights and Their Penalties
Section 4 Acts Obstructing Social Administration and Their Penalties
Chapter IV Procedures of Penalties
Section 1 Investigation
Section 2 Decision
Section 3 Enforcement
Chapter V Law Enforcement Supervision
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution, to maintain the order of public security, safeguard public safety, protect the lawful rights and interests of citizens, legal persons, and other organizations, and regulate and ensure the performance of the duties for public security administration by public security authorities and people's police in accordance with law.
Article 2 Public security administration shall adhere to the leadership of the Communist Party of China and uphold a comprehensive approach to governance.
People's governments at all levels shall strengthen the comprehensive administration of public security, adopt effective measures to prevent and resolve social conflicts and disputes, promote social harmony, and maintain social stability.
Article 2 Anyone who disturbs public order, endangers public safety, infringes upon personal rights or property rights, or obstructs social administration, and whose act is harmful to the society and constitutes a crime under the Criminal Law of the People's Republic of China, shall be pursued for criminal liability in accordance with law; and if such an act is not serious enough for criminal punishment, the public security authority shall impose penalties for violations of public security administration in accordance with this Law.
Article 4 The procedures for imposing penalties for violations of public security administration shall be governed by the provisions of this Law. Where this Law contains no such provisions, the relevant provisions of the Law of the People's Republic of China on Administrative Penalties and the Administrative Coercion Law of the People's Republic of China shall apply.
Article 5 This Law shall apply to acts violating public security administration that occur within the territory of the People's Republic of China, unless otherwise provided by law.
This Law shall also apply to acts violating public security administration that occur on board ships or aircraft of the People's Republic of China, unless otherwise provided by law.
For acts violating public security administration that occur on board foreign ships or aircraft, this Law shall apply where the People's Republic of China exercises jurisdiction in accordance with international treaties concluded or acceded to by the People's Republic of China.
Article 6 Penalties for violations of public security administration must be based on facts and shall be proportionate to the facts, nature, and circumstances of violating public security administration, as well as the degree of social harm of the violations.
The imposition of penalties for violation of public security administration shall be open and impartial, respect and protect human rights, and safeguard the personal dignity of citizens.
In handling public security cases, the principle of combining education with punishment shall be upheld. The law shall be fully interpreted to educate citizens, legal persons, or other organizations to voluntarily comply with the law.
Article 7 The public security authority under the State Council shall be responsible for public security administration nationwide. Public security authorities of the people's governments at or above the county level shall be responsible for public security administration within their respective administrative regions.
The jurisdiction over public security cases shall be prescribed by the public security authority under the State Council.
Article 8 Where an act violating public security administration causes damage to another person, in addition to being subject to penalties for violations of public security administration under this Law, the actor or their guardian shall also bear civil liability in accordance with the law.
Where an act violating public security administration constitutes a crime, criminal liability shall be pursued in accordance with the law, and penalties for violations of public security administration may not be imposed in lieu of criminal penalties.
Article 9 For acts violating public security administration, such as fighting or damaging the property of others, arising from civil disputes and where the circumstances are relatively minor, the public security authority may resolve the matter through mediation.
When mediating public security cases, facts shall be ascertained, and the principles of lawfulness, impartiality, voluntariness, and timeliness shall be observed, with emphasis on education and guidance to help resolve conflicts and disputes.
Where the parties reach an agreement through mediation by the public security authority, no penalty shall be imposed. Where the parties fail to reach an agreement through mediation, or where an agreement is reached but not performed, the public security authority shall handle the act in violation of public security administration in accordance with this Law and inform the parties that they may bring a civil lawsuit before the people’s court with respect to the civil dispute.
For public security cases falling within the scope of mediation prescribed in the first paragraph, where the parties reach a settlement on their own or reach and perform an agreement through mediation by a people’s mediation committee before the public security authority makes a decision, and a written application is submitted and approved by the public security authority, no penalty shall be imposed.
Chapter II Types of Penalties and Their Application
Article 10 The types of penalties for violations of public security administration shall include:
(1) Warning;
(2) Fine;
(3) Administrative detention; and
(4) Revocation of permits or licenses issued by public security authorities.
A foreigner who commits an act in violation of public security administration shall be subject to additional penalties, such as an order to leave the country within a specified time or deportation.
Article 11 Contraband such as narcotics and obscene materials, gambling devices and funds, drug-taking or injection equipment, and tools personally owned and directly used for committing acts in violation of public security administration shall be confiscated and disposed of in accordance with relevant regulations.
Property obtained through acts violating public security administration shall be recovered and returned to the victim; where there is no victim, it shall be registered, publicly auctioned, or otherwise disposed of in accordance with relevant national regulations, and the proceeds shall be turned over to the state treasury.
Article 12 A person who has reached the age of 14 but is under the age of 18 and commits an act violating public security administration shall be given a lighter or mitigated penalty. A person under the age of 14 who commits such an act shall not be penalized, but their guardian shall be ordered to exercise strict discipline.
Article 13 A mentally ill person or a person with intellectual disabilities who commits an act violating public security administration when unable to recognize or control their own conduct shall not be penalized, but their guardian shall be ordered to strengthen supervision and provide treatment. A person with intermittent mental illness who commits an act violating public security administration when in a normal mental state shall be penalized. A mentally ill person or a person with intellectual disabilities who has not completely lost the ability to recognize or control their own conduct and commits such an act shall be penalized, but a lighter or mitigated penalty may be imposed.
Article 14 A blind person or a person who is both deaf and mute who commits an act violating public security administration may be given a lighter or mitigated penalty, or no penalty.
Article 15 A person who commits an act violating public security administration while intoxicated shall be imposed penalties.
Where an intoxicated person, in a state of intoxication, poses a danger to themselves or a threat to the personal or property safety of others or to public safety, protective measures shall be taken to restrain them until they become sober.
Article 16 Where two or more acts violating public security administration are committed, penalties shall be separately decided and executed in combination. Where administrative detention penalties are combined for execution, the total period shall not exceed 20 days.
Article 17 Where two or more persons jointly commit an act violating public security administration, penalties shall be imposed separately according to the role played by each person in the violation.
Any person who instigates, coerces, or deceives another person into committing an act violating public security administration shall be penalized on the basis of such instigation, coercion, or deception.
Article 18 Where an entity commits an act violating public security administration, the persons directly in charge and other persons directly responsible shall be penalized in accordance with this Law. Where other laws or administrative regulations provide that penalties shall be imposed on the entity for the same act, such provisions shall apply.
Article 19 An act taken to stop an ongoing unlawful infringement in order to protect oneself from harm, which causes damage, shall not constitute an act violating public security administration and shall not be penalized. Where the act of restraint clearly exceeds the necessary limits and causes significant damage, a penalty shall be imposed in accordance with the law, but a lighter penalty shall be imposed; where the circumstances are relatively minor, no penalty shall be imposed.
Article 20 Where any person who violates the public security administration and falls under any of the following circumstances, a lighter, mitigated, or no penalty shall be given:
(1) The circumstances are minor;
(2) The person has voluntarily eliminated or mitigated the consequences of the violation;
(3) The person has obtained the forgiveness of the victim;
(4) The act was committed under coercion or deception by others;
(5) The person has voluntarily surrendered and truthfully confessed their illegal acts to the public security authority; or
(6) The person has rendered meritorious service.
Article 21 Where any person who violates the public security administration voluntarily makes a truthful statement of their illegal act to the public security authority, admits the facts of the violation, and is willing to accept punishment, a more lenient punishment may be imposed in accordance with the law.
Article 22 Where any person who violates the public security administration and falls under any of the following circumstances, a heavier penalty shall be imposed:
(1) Causing relatively serious consequences;
(2) Instigating, coercing, or deceiving others to violate the public security administration;
(3) Retaliating against informants, complainants, accusers, or witnesses; or
(4) Having been subjected to a penalty for violation of public security administration within the past one year.
Article 23 Where a violator of public security administration falls under any of the following circumstances, although administrative detention shall be imposed in accordance with this Law, such penalty shall not be enforced:
(1) Having reached the age of 14 but under 16;
(2) Having reached the age of 16 but under 18, and committing a violation of public security administration for the first time;
(3) Being 70 years of age or above; or
(4) Being pregnant or breastfeeding her infant under one year of age.
Where the violator as prescribed in subparagraphs (1), (2), and (3) of the preceding paragraph commits a violation of public security administration with serious circumstances or egregious impact, or where the violator as prescribed in subparagraphs (1) and (3) of the preceding paragraph commits two or more violations of public security administration within one year, the preceding paragraph shall not apply.
Article 24 With respect to minors who, in accordance with Article 12 of this Law, shall not be penalized, or who, in accordance with Article 23 of this Law, shall not be subjected to administrative detention, the public security authorities shall, in accordance with the Law of the People's Republic of China on the Prevention of Juvenile Delinquency, take appropriate corrective and educational measures.
Article 25 Where a violation of public security administration has not been discovered by the public security authorities within six months, no penalty shall be imposed.
The period prescribed in the preceding paragraph shall be calculated from the date on which the violation of public security administration is committed; where the violation is of a continuous or ongoing nature, the calculation shall be made from the date on which the act is terminated.
Chapter III Acts Violating Public Security Administration and Their Penalties
Section 1 Acts Disturbing Public Order and Their Penalties
Article 26 Any person who commits any of the following acts shall be given a warning or fined not more than CNY 500; where the circumstances are relatively serious, the person shall be detained for not less than five days but not more than ten days, and may also be fined not more than CNY 1,000:
(1) Disturbing the order of government agencies, organizations, enterprises, or public institutions, thereby preventing work, production, business, medical treatment, teaching, or scientific research from proceeding normally, without causing serious losses;
(2) Disturbing order at railway stations, ports, wharves, airports, shopping malls, parks, exhibition halls, or other public places;
(3) Disturbing order on public buses, trolleys, urban rail transit vehicles, trains, ships, aircraft, or other public transportation vehicles;
(4) Unlawfully intercepting or forcibly boarding or clinging to motor vehicles, ships, aircraft, or other means of transport, thereby affecting their normal operation; or
(5) Disrupting the order of elections conducted in accordance with law.
Where a crowd is assembled to commit any of the acts specified in the preceding paragraph, the ringleaders shall be detained for not less than ten days but not more than 15 days, and may also be fined not more than CNY 2,000.
Article 27 Any person who commits any of the following acts during national examinations prescribed by laws or administrative regulations, thereby disturbing the order of the examination, shall be imposed a fine of between one time but not more than five times the illegal gains; where there are no illegal gains or the illegal gains are less than CNY 1,000, a fine of between CNY 1,000 and CNY 3,000 shall be imposed; where the circumstances are relatively serious, the person shall be detained for not less than five days but not more than 15 days:
(1) Organizing cheating;
(2) Providing cheating equipment or other assistance for others to organize cheating;
(3) Illegally selling or providing examination questions or answers to others for the purpose of cheating in examinations; or
(4) Taking an examination in place of another person or allowing another person to take an examination in one's place.
Article 28 Any person who commits any of the following acts, thereby disturbing the order of sports, cultural, or other large-scale public events, shall be given a warning or fined not more than CNY 500; where the circumstances are serious, the person shall be detained for not less than five days but not more than ten days, and may also be fined not more than CNY 1,000:
(1) Forcibly entering the venue;
(2) Igniting fireworks, firecrackers, or other items inside the venue in violation of regulations;
(3) Displaying insulting slogans, banners, or other items;
(4) Surrounding or attacking referees, athletes, or other staff members;
(5) Throwing objects into the venue and refusing to comply with orders to stop; or
(6) Engaging in other acts that disturb the order of large-scale public events.
Where any person is detained for disturbing the order of sports competitions or artistic performances, the person may also be prohibited from entering sports or performance venues to watch similar competitions or performances for a period of six months to one year; where the person violates this prohibition, they may be forcibly removed from the venue and may be subjected to detention of not more than five days or a fine of not more than CNY 1,000.
Article 29 Any person who commits any of the following acts shall be detained for not less than five days but not more than ten days, and may also be fined not more than CNY 1,000; where the circumstances are relatively minor, the person shall be detained for not more than five days or fined not more than CNY 1,000:
(1) Deliberately spreading rumors, falsely reporting dangers, epidemics, disasters, or police emergencies, or otherwise intentionally disturbing public order;
(2) Releasing false explosive, toxic, radioactive, corrosive substances, or pathogenic microorganisms and other hazardous materials to disturb public order; or
(3) Threatening to commit arson, explosion, release of hazardous materials, or other criminal acts endangering public safety, thereby disturbing public order.
Article 30 Any person who commits any of the following acts shall be detained for not less than five days but not more than ten days or fined not more than CNY 1,000; where the circumstances are relatively serious, the person shall be detained for not less than ten days but not more than 15 days, and may also be fined not more than CNY 2,000:
(1) Engaging in group fighting or willfully assaulting another person;
(2) Chasing after or forcibly intercepting another person;
(3) Seizing by force or demanding property, or arbitrarily damaging or occupying public or private property; or
(4) Other acts of picking quarrels and provoking trouble without cause, thereby disturbing social order.
Article 31 Any person who commits any of the following acts shall be detained for not less than ten days but not more than 15 days, and may also be fined not more than CNY 2,000; where the circumstances are relatively minor, the person shall be detained for not less than five days but not more than ten days, and may also be fined not more than CNY 1,000:
(1) Organizing, instigating, coercing, deceiving, or inciting others to engage in cult activities, secret society activities, or illegal religious activities, or making use of cult organizations, secret societies, or superstitious activities to disturb social order or harm the health of others;
(2) Engaging in activities under the pretense of religion or qigong that disturb social order or harm the health of others; or
(3) Producing or disseminating articles, information, or materials that propagate cults or secret societies.
Article 32 Any person who violates national regulations by committing any of the following acts shall be detained for not less than five days but not more than ten days; where the circumstances are serious, the person shall be detained for not less than ten days but not more than 15 days:
(1) Deliberately interfering with the normal operation of radio services;
(2) Causing harmful interference to a normally operating radio station, and refusing to take effective measures to eliminate it after being notified by the competent authority; or
(3) Establishing a radio broadcasting station, communication base station, or other radio station without approval, or illegally using or occupying radio frequencies to engage in unlawful activities.
Article 33 Any person who commits any of the following acts and causes harm shall be detained for not more than five days; where the circumstances are relatively serious, the person shall be detained for not less than five days but not more than 15 days:
(1) In violation of national regulations, intruding into a computer information system or using other technical means to obtain data stored, processed, or transmitted in the system, or unlawfully taking control of a computer information system;
(2) In violation of national regulations, deleting, modifying, adding to, or interfering with the functions of a computer information system;
(3) In violation of national regulations, deleting, modifying, or adding to the data or application programs stored, processed, or transmitted in a computer information system;
(4) Intentionally creating or disseminating computer viruses or other destructive programs; or
(5) Providing programs or tools specifically for intruding into or unlawfully controlling a computer information system, or knowingly providing such programs or tools to others who engage in unlawful intrusions or control of computer information systems.
Article 34 Any person who organizes or leads pyramid selling activities shall be detained for not less than ten days but not more than 15 days; where the circumstances are relatively minor, the person shall be detained for not less than five days but not more than ten days.
Any person who coerces or deceives others into participating in pyramid selling activities shall be detained for not less than five days but not more than ten days; where the circumstances are relatively serious, the person shall be detained for not less than ten days but not more than 15 days.
Article 35 Any person who commits any of the following acts shall be detained for not less than five days but not more than ten days or fined not less than CNY 1,000 but not more than CNY 3,000; where the circumstances are relatively serious, the person shall be detained for not less than ten days but not more than 15 days, and may also be fined not more than CNY 5,000:
(1) Deliberately engaging, at venues or in the surrounding control areas of major state events for celebration, commemoration, mourning, or public memorial, in conduct contrary to the theme and atmosphere of the event, refusing to desist when dissuaded, and thereby causing an adverse social impact;
(2) Engaging, within the protection scope of facilities commemorating heroes and martyrs, in activities detrimental to the environment and atmosphere of commemoration, refusing to desist when dissuaded, or encroaching upon, damaging, or defacing facilities commemorating heroes and martyrs;
(3) Insulting, slandering, or otherwise infringing upon the name, portrait, reputation, or honor of heroes and martyrs, thereby harming the public interest;
(4) Desecrating or denying the deeds and spirit of heroes and martyrs, or producing, disseminating, or spreading speech, images, audio-visual products, or other materials that propagate or glorify wars of aggression or acts of aggression, thereby disturbing public order; or
(5) Wearing or compelling others to wear in public places clothing or symbols that propagate or glorify wars of aggression or acts of aggression, refusing to desist when dissuaded, and thereby causing an adverse social impact.
Section 2 Acts Endangering Public Security and Their Penalties
Article 36 Any person who, in violation of national regulations, manufactures, buys or sells, stores, transports, posts, carries, uses, provides, or disposes of explosive, toxic, radioactive, corrosive substances, pathogenic microorganisms, or other hazardous materials shall be detained for not less than ten days but not more than 15 days; where the circumstances are relatively minor, the person shall be detained for not less than five days but not more than 10 days.
Article 37 Any person who fails to report, as required by regulations, explosive, toxic, radioactive, or corrosive substances, pathogenic microorganisms, or other hazardous materials that are stolen, robbed, or lost, shall be detained for not more than five days; where the person deliberately conceals and fails to report, the person shall be detained for not less than five days but not more than ten days.
Article 38 Any person who illegally carries firearms, ammunition, or controlled items as specified by national regulations, such as crossbows or daggers, shall be detained for not more than five days, and may also be fined not more than CNY 1,000; where the circumstances are relatively minor, the person shall be given a warning or fined not more than CNY 500.
Any person who illegally carries firearms, ammunition, or controlled items as specified by national regulations, such as crossbows or daggers, into public places or on public transportation shall be detained for not less than five days but not more than ten days, and may also be fined not more than CNY 1,000.
Article 39 Any person who commits any of the following acts shall be detained for not less than ten days but not more than 15 days; where the circumstances are relatively minor, the person shall be detained for not more than five days:
(1) Stealing or damaging oil and gas pipeline facilities, power or telecommunications facilities, radio or television facilities, water conservancy project facilities, public water supply facilities, highway facilities and their appurtenances, or public facilities for hydrological monitoring, surveying, meteorological observation, ecological and environmental monitoring, geological monitoring, or seismic monitoring, thereby endangering public safety;
(2) Removing or damaging national boundary markers, boundary stakes, or other boundary signs or facilities, or facilities marking territorial or maritime base points; or
(3) Illegally engaging in activities that affect the direction of national boundary lines or border lines, or constructing facilities that impede frontier (border) administration.
Article 40 Any person who steals, damages, or without authorization removes aviation facilities in use, or forcibly enters the cockpit of an aircraft, shall be detained for not less than ten days but not more than 15 days.
Any person who, on an aircraft in use, uses instruments or tools that may affect the normal functioning of the navigation system, and refuses to desist when dissuaded, shall be detained for not more than five days or fined not more than CNY 1,000.
Any person who steals, damages, or without authorization removes facilities or equipment of other public transportation vehicles in use, or interferes with the normal operation of a public transportation vehicle by seizing control of driving devices, pulling at, or assaulting the driver, shall be detained for not more than five days or fined not more than CNY 1,000; where the circumstances are relatively serious, the person shall be detained for not less than five days but not more than ten days.
Article 41 Any person who commits any of the following acts shall be detained for not less than five days but not more than ten days, and may also be fined not more than CNY 1,000; where the circumstances are relatively minor, the person shall be detained for not more than five days or fined not more than CNY 1,000:
(1) Stealing, damaging, or without authorization removing railway or urban rail transit facilities, equipment, locomotive or vehicle parts, or safety signs;
(2) Placing obstacles on railway or urban rail transit lines, or deliberately throwing objects at trains;
(3) Excavating pits, quarrying, or extracting sand on railway or urban rail transit lines, bridges, tunnels, or culverts; or
(4) Illegally setting up level crossings or pedestrian passages on railway or urban rail transit lines.
Article 42 Any person who, without authorization, enters a railway or urban rail transit protective enclosure, or who walks, sits, or lies on a railway or urban rail transit line when a train or urban rail transit vehicle is approaching, or who rushes across a railway or urban rail transit line and thereby affects traffic safety, shall be given a warning or fined not more than CNY 500.
Article 43 Any person who commits any of the following acts shall be detained for not more than five days or fined not more than CNY 1,000; where the circumstances are serious, the person shall be detained for not less than ten days but not more than 15 days, and may also be fined not more than CNY 1,000:
(1) Installing or using an electric fence without approval, or installing or using an electric fence in violation of safety regulations;
(2) Carrying out construction at locations used by vehicles or pedestrians without providing covers, barriers, or warning signs for pits, manholes, or ditches, or deliberately damaging or removing such covers, barriers, or warning signs;
(3) Stealing or damaging manhole covers, lighting, or other public facilities on roads;
(4) Violating relevant laws or regulations by releasing airborne objects carrying open flames, creating a fire hazard, and refusing to desist when dissuaded; or
(5) Throwing objects from buildings or other high places, thereby endangering the personal safety of others, the safety of public or private property, or public safety.
Article 44 Where a large-scale mass activity such as a sports or cultural event is held in violation of relevant regulations, creating a danger of a safety accident, and the organizers refuse or are unable to make corrections after being ordered to do so by the public security authority, the activity shall be ordered to stop immediately and participants shall be evacuated.
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Order of the President of the People's Republic of China No. 49
June 27, 2025
The Law of the People's Republic of China on Penalties for Violations of Public Security Administration, revised and adopted at the 16th Session of the Standing Committee of the 14th National People's Congress of the People's Republic of China on June 27, 2025, is hereby issued and shall come into force on January 1, 2026.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on Penalties for Violations of Public Security Administration (Revised in 2025)
(Adopted at the 17th Session of the Standing Committee of the 10th National People's Congress on August 28, 2005; amended in accordance with the Decision on Revising the Law of the People's Republic of China on Penalties for Violations of Public Security Administration at the 29th Session of the Standing Committee of the 11th National People's Congress on October 26, 2012; and revised at the 16th Session of the Standing Committee of the 14th National People's Congress on June 27, 2025)
Contents
Chapter I General Provisions
Chapter II Types of Penalties and Their Application
Chapter III Acts Violating Public Security Administration and Their Penalties
Section 1 Acts Disturbing Public Order and Their Penalties
Section 2 Acts Endangering Public Security and Their Penalties
Section 3 Acts Infringing upon Personal Rights and Property Rights and Their Penalties
Section 4 Acts Obstructing Social Administration and Their Penalties
Chapter IV Procedures of Penalties
Section 1 Investigation
Section 2 Decision
Section 3 Enforcement
Chapter V Law Enforcement Supervision
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution, to maintain the order of public security, safeguard public safety, protect the lawful rights and interests of citizens, legal persons, and other organizations, and regulate and ensure the performance of the duties for public security administration by public security authorities and people's police in accordance with law.
Article 2 Public security administration shall adhere to the leadership of the Communist Party of China and uphold a comprehensive approach to governance.
People's governments at all levels shall strengthen the comprehensive administration of public security, adopt effective measures to prevent and resolve social conflicts and disputes, promote social harmony, and maintain social stability.
Article 2 Anyone who disturbs public order, endangers public safety, infringes upon personal rights or property rights, or obstructs social administration, and whose act is harmful to the society and constitutes a crime under the Criminal Law of the People's Republic of China, shall be pursued for criminal liability in accordance with law; and if such an act is not serious enough for criminal punishment, the public security authority shall impose penalties for violations of public security administration in accordance with this Law.
Article 4 The procedures for imposing penalties for violations of public security administration shall be governed by the provisions of this Law. Where this Law contains no such provisions, the relevant provisions of the Law of the People's Republic of China on Administrative Penalties and the Administrative Coercion Law of the People's Republic of China shall apply.
Article 5 This Law shall apply to acts violating public security administration that occur within the territory of the People's Republic of China, unless otherwise provided by law.
This Law shall also apply to acts violating public security administration that occur on board ships or aircraft of the People's Republic of China, unless otherwise provided by law.
For acts violating public security administration that occur on board foreign ships or aircraft, this Law shall apply where the People's Republic of China exercises jurisdiction in accordance with international treaties concluded or acceded to by the People's Republic of China.
Article 6 Penalties for violations of public security administration must be based on facts and shall be proportionate to the facts, nature, and circumstances of violating public security administration, as well as the degree of social harm of the violations.
The imposition of penalties for violation of public security administration shall be open and impartial, respect and protect human rights, and safeguard the personal dignity of citizens.
In handling public security cases, the principle of combining education with punishment shall be upheld. The law shall be fully interpreted to educate citizens, legal persons, or other organizations to voluntarily comply with the law.
Article 7 The public security authority under the State Council shall be responsible for public security administration nationwide. Public security authorities of the people's governments at or above the county level shall be responsible for public security administration within their respective administrative regions.
The jurisdiction over public security cases shall be prescribed by the public security authority under the State Council.
Article 8 Where an act violating public security administration causes damage to another person, in addition to being subject to penalties for violations of public security administration under this Law, the actor or their guardian shall also bear civil liability in accordance with the law.
Where an act violating public security administration constitutes a crime, criminal liability shall be pursued in accordance with the law, and penalties for violations of public security administration may not be imposed in lieu of criminal penalties.
Article 9 For acts violating public security administration, such as fighting or damaging the property of others, arising from civil disputes and where the circumstances are relatively minor, the public security authority may resolve the matter through mediation.
When mediating public security cases, facts shall be ascertained, and the principles of lawfulness, impartiality, voluntariness, and timeliness shall be observed, with emphasis on education and guidance to help resolve conflicts and disputes.
Where the parties reach an agreement through mediation by the public security authority, no penalty shall be imposed. Where the parties fail to reach an agreement through mediation, or where an agreement is reached but not performed, the public security authority shall handle the act in violation of public security administration in accordance with this Law and inform the parties that they may bring a civil lawsuit before the people’s court with respect to the civil dispute.
For public security cases falling within the scope of mediation prescribed in the first paragraph, where the parties reach a settlement on their own or reach and perform an agreement through mediation by a people’s mediation committee before the public security authority makes a decision, and a written application is submitted and approved by the public security authority, no penalty shall be imposed.
Chapter II Types of Penalties and Their Application
Article 10 The types of penalties for violations of public security administration shall include:
(1) Warning;
(2) Fine;
(3) Administrative detention; and
(4) Revocation of permits or licenses issued by public security authorities.
A foreigner who commits an act in violation of public security administration shall be subject to additional penalties, such as an order to leave the country within a specified time or deportation.
Article 11 Contraband such as narcotics and obscene materials, gambling devices and funds, drug-taking or injection equipment, and tools personally owned and directly used for committing acts in violation of public security administration shall be confiscated and disposed of in accordance with relevant regulations.
Property obtained through acts violating public security administration shall be recovered and returned to the victim; where there is no victim, it shall be registered, publicly auctioned, or otherwise disposed of in accordance with relevant national regulations, and the proceeds shall be turned over to the state treasury.
Article 12 A person who has reached the age of 14 but is under the age of 18 and commits an act violating public security administration shall be given a lighter or mitigated penalty. A person under the age of 14 who commits such an act shall not be penalized, but their guardian shall be ordered to exercise strict discipline.
Article 13 A mentally ill person or a person with intellectual disabilities who commits an act violating public security administration when unable to recognize or control their own conduct shall not be penalized, but their guardian shall be ordered to strengthen supervision and provide treatment. A person with intermittent mental illness who commits an act violating public security administration when in a normal mental state shall be penalized. A mentally ill person or a person with intellectual disabilities who has not completely lost the ability to recognize or control their own conduct and commits such an act shall be penalized, but a lighter or mitigated penalty may be imposed.
Article 14 A blind person or a person who is both deaf and mute who commits an act violating public security administration may be given a lighter or mitigated penalty, or no penalty.
Article 15 A person who commits an act violating public security administration while intoxicated shall be imposed penalties.
Where an intoxicated person, in a state of intoxication, poses a danger to themselves or a threat to the personal or property safety of others or to public safety, protective measures shall be taken to restrain them until they become sober.
Article 16 Where two or more acts violating public security administration are committed, penalties shall be separately decided and executed in combination. Where administrative detention penalties are combined for execution, the total period shall not exceed 20 days.
Article 17 Where two or more persons jointly commit an act violating public security administration, penalties shall be imposed separately according to the role played by each person in the violation.
Any person who instigates, coerces, or deceives another person into committing an act violating public security administration shall be penalized on the basis of such instigation, coercion, or deception.
Article 18 Where an entity commits an act violating public security administration, the persons directly in charge and other persons directly responsible shall be penalized in accordance with this Law. Where other laws or administrative regulations provide that penalties shall be imposed on the entity for the same act, such provisions shall apply.
Article 19 An act taken to stop an ongoing unlawful infringement in order to protect oneself from harm, which causes damage, shall not constitute an act violating public security administration and shall not be penalized. Where the act of restraint clearly exceeds the necessary limits and causes significant damage, a penalty shall be imposed in accordance with the law, but a lighter penalty shall be imposed; where the circumstances are relatively minor, no penalty shall be imposed.
Article 20 Where any person who violates the public security administration and falls under any of the following circumstances, a lighter, mitigated, or no penalty shall be given:
(1) The circumstances are minor;
(2) The person has voluntarily eliminated or mitigated the consequences of the violation;
(3) The person has obtained the forgiveness of the victim;
(4) The act was committed under coercion or deception by others;
(5) The person has voluntarily surrendered and truthfully confessed their illegal acts to the public security authority; or
(6) The person has rendered meritorious service.
Article 21 Where any person who violates the public security administration voluntarily makes a truthful statement of their illegal act to the public security authority, admits the facts of the violation, and is willing to accept punishment, a more lenient punishment may be imposed in accordance with the law.
Article 22 Where any person who violates the public security administration and falls under any of the following circumstances, a heavier penalty shall be imposed:
(1) Causing relatively serious consequences;
(2) Instigating, coercing, or deceiving others to violate the public security administration;
(3) Retaliating against informants, complainants, accusers, or witnesses; or
(4) Having been subjected to a penalty for violation of public security administration within the past one year.
Article 23 Where a violator of public security administration falls under any of the following circumstances, although administrative detention shall be imposed in accordance with this Law, such penalty shall not be enforced:
(1) Having reached the age of 14 but under 16;
(2) Having reached the age of 16 but under 18, and committing a violation of public security administration for the first time;
(3) Being 70 years of age or above; or
(4) Being pregnant or breastfeeding her infant under one year of age.
Where the violator as prescribed in subparagraphs (1), (2), and (3) of the preceding paragraph commits a violation of public security administration with serious circumstances or egregious impact, or where the violator as prescribed in subparagraphs (1) and (3) of the preceding paragraph commits two or more violations of public security administration within one year, the preceding paragraph shall not apply.
Article 24 With respect to minors who, in accordance with Article 12 of this Law, shall not be penalized, or who, in accordance with Article 23 of this Law, shall not be subjected to administrative detention, the public security authorities shall, in accordance with the Law of the People's Republic of China on the Prevention of Juvenile Delinquency, take appropriate corrective and educational measures.
Article 25 Where a violation of public security administration has not been discovered by the public security authorities within six months, no penalty shall be imposed.
The period prescribed in the preceding paragraph shall be calculated from the date on which the violation of public security administration is committed; where the violation is of a continuous or ongoing nature, the calculation shall be made from the date on which the act is terminated.
Chapter III Acts Violating Public Security Administration and Their Penalties
Section 1 Acts Disturbing Public Order and Their Penalties
Article 26 Any person who commits any of the following acts shall be given a warning or fined not more than CNY 500; where the circumstances are relatively serious, the person shall be detained for not less than five days but not more than ten days, and may also be fined not more than CNY 1,000:
(1) Disturbing the order of government agencies, organizations, enterprises, or public institutions, thereby preventing work, production, business, medical treatment, teaching, or scientific research from proceeding normally, without causing serious losses;
(2) Disturbing order at railway stations, ports, wharves, airports, shopping malls, parks, exhibition halls, or other public places;
(3) Disturbing order on public buses, trolleys, urban rail transit vehicles, trains, ships, aircraft, or other public transportation vehicles;
(4) Unlawfully intercepting or forcibly boarding or clinging to motor vehicles, ships, aircraft, or other means of transport, thereby affecting their normal operation; or
(5) Disrupting the order of elections conducted in accordance with law.
Where a crowd is assembled to commit any of the acts specified in the preceding paragraph, the ringleaders shall be detained for not less than ten days but not more than 15 days, and may also be fined not more than CNY 2,000.
Article 27 Any person who commits any of the following acts during national examinations prescribed by laws or administrative regulations, thereby disturbing the order of the examination, shall be imposed a fine of between one time but not more than five times the illegal gains; where there are no illegal gains or the illegal gains are less than CNY 1,000, a fine of between CNY 1,000 and CNY 3,000 shall be imposed; where the circumstances are relatively serious, the person shall be detained for not less than five days but not more than 15 days:
(1) Organizing cheating;
(2) Providing cheating equipment or other assistance for others to organize cheating;
(3) Illegally selling or providing examination questions or answers to others for the purpose of cheating in examinations; or
(4) Taking an examination in place of another person or allowing another person to take an examination in one's place.
Article 28 Any person who commits any of the following acts, thereby disturbing the order of sports, cultural, or other large-scale public events, shall be given a warning or fined not more than CNY 500; where the circumstances are serious, the person shall be detained for not less than five days but not more than ten days, and may also be fined not more than CNY 1,000:
(1) Forcibly entering the venue;
(2) Igniting fireworks, firecrackers, or other items inside the venue in violation of regulations;
(3) Displaying insulting slogans, banners, or other items;
(4) Surrounding or attacking referees, athletes, or other staff members;
(5) Throwing objects into the venue and refusing to comply with orders to stop; or
(6) Engaging in other acts that disturb the order of large-scale public events.
Where any person is detained for disturbing the order of sports competitions or artistic performances, the person may also be prohibited from entering sports or performance venues to watch similar competitions or performances for a period of six months to one year; where the person violates this prohibition, they may be forcibly removed from the venue and may be subjected to detention of not more than five days or a fine of not more than CNY 1,000.
Article 29 Any person who commits any of the following acts shall be detained for not less than five days but not more than ten days, and may also be fined not more than CNY 1,000; where the circumstances are relatively minor, the person shall be detained for not more than five days or fined not more than CNY 1,000:
(1) Deliberately spreading rumors, falsely reporting dangers, epidemics, disasters, or police emergencies, or otherwise intentionally disturbing public order;
(2) Releasing false explosive, toxic, radioactive, corrosive substances, or pathogenic microorganisms and other hazardous materials to disturb public order; or
(3) Threatening to commit arson, explosion, release of hazardous materials, or other criminal acts endangering public safety, thereby disturbing public order.
Article 30 Any person who commits any of the following acts shall be detained for not less than five days but not more than ten days or fined not more than CNY 1,000; where the circumstances are relatively serious, the person shall be detained for not less than ten days but not more than 15 days, and may also be fined not more than CNY 2,000:
(1) Engaging in group fighting or willfully assaulting another person;
(2) Chasing after or forcibly intercepting another person;
(3) Seizing by force or demanding property, or arbitrarily damaging or occupying public or private property; or
(4) Other acts of picking quarrels and provoking trouble without cause, thereby disturbing social order.
Article 31 Any person who commits any of the following acts shall be detained for not less than ten days but not more than 15 days, and may also be fined not more than CNY 2,000; where the circumstances are relatively minor, the person shall be detained for not less than five days but not more than ten days, and may also be fined not more than CNY 1,000:
(1) Organizing, instigating, coercing, deceiving, or inciting others to engage in cult activities, secret society activities, or illegal religious activities, or making use of cult organizations, secret societies, or superstitious activities to disturb social order or harm the health of others;
(2) Engaging in activities under the pretense of religion or qigong that disturb social order or harm the health of others; or
(3) Producing or disseminating articles, information, or materials that propagate cults or secret societies.
Article 32 Any person who violates national regulations by committing any of the following acts shall be detained for not less than five days but not more than ten days; where the circumstances are serious, the person shall be detained for not less than ten days but not more than 15 days:
(1) Deliberately interfering with the normal operation of radio services;
(2) Causing harmful interference to a normally operating radio station, and refusing to take effective measures to eliminate it after being notified by the competent authority; or
(3) Establishing a radio broadcasting station, communication base station, or other radio station without approval, or illegally using or occupying radio frequencies to engage in unlawful activities.
Article 33 Any person who commits any of the following acts and causes harm shall be detained for not more than five days; where the circumstances are relatively serious, the person shall be detained for not less than five days but not more than 15 days:
(1) In violation of national regulations, intruding into a computer information system or using other technical means to obtain data stored, processed, or transmitted in the system, or unlawfully taking control of a computer information system;
(2) In violation of national regulations, deleting, modifying, adding to, or interfering with the functions of a computer information system;
(3) In violation of national regulations, deleting, modifying, or adding to the data or application programs stored, processed, or transmitted in a computer information system;
(4) Intentionally creating or disseminating computer viruses or other destructive programs; or
(5) Providing programs or tools specifically for intruding into or unlawfully controlling a computer information system, or knowingly providing such programs or tools to others who engage in unlawful intrusions or control of computer information systems.
Article 34 Any person who organizes or leads pyramid selling activities shall be detained for not less than ten days but not more than 15 days; where the circumstances are relatively minor, the person shall be detained for not less than five days but not more than ten days.
Any person who coerces or deceives others into participating in pyramid selling activities shall be detained for not less than five days but not more than ten days; where the circumstances are relatively serious, the person shall be detained for not less than ten days but not more than 15 days.
Article 35 Any person who commits any of the following acts shall be detained for not less than five days but not more than ten days or fined not less than CNY 1,000 but not more than CNY 3,000; where the circumstances are relatively serious, the person shall be detained for not less than ten days but not more than 15 days, and may also be fined not more than CNY 5,000:
(1) Deliberately engaging, at venues or in the surrounding control areas of major state events for celebration, commemoration, mourning, or public memorial, in conduct contrary to the theme and atmosphere of the event, refusing to desist when dissuaded, and thereby causing an adverse social impact;
(2) Engaging, within the protection scope of facilities commemorating heroes and martyrs, in activities detrimental to the environment and atmosphere of commemoration, refusing to desist when dissuaded, or encroaching upon, damaging, or defacing facilities commemorating heroes and martyrs;
(3) Insulting, slandering, or otherwise infringing upon the name, portrait, reputation, or honor of heroes and martyrs, thereby harming the public interest;
(4) Desecrating or denying the deeds and spirit of heroes and martyrs, or producing, disseminating, or spreading speech, images, audio-visual products, or other materials that propagate or glorify wars of aggression or acts of aggression, thereby disturbing public order; or
(5) Wearing or compelling others to wear in public places clothing or symbols that propagate or glorify wars of aggression or acts of aggression, refusing to desist when dissuaded, and thereby causing an adverse social impact.
Section 2 Acts Endangering Public Security and Their Penalties
Article 36 Any person who, in violation of national regulations, manufactures, buys or sells, stores, transports, posts, carries, uses, provides, or disposes of explosive, toxic, radioactive, corrosive substances, pathogenic microorganisms, or other hazardous materials shall be detained for not less than ten days but not more than 15 days; where the circumstances are relatively minor, the person shall be detained for not less than five days but not more than 10 days.
Article 37 Any person who fails to report, as required by regulations, explosive, toxic, radioactive, or corrosive substances, pathogenic microorganisms, or other hazardous materials that are stolen, robbed, or lost, shall be detained for not more than five days; where the person deliberately conceals and fails to report, the person shall be detained for not less than five days but not more than ten days.
Article 38 Any person who illegally carries firearms, ammunition, or controlled items as specified by national regulations, such as crossbows or daggers, shall be detained for not more than five days, and may also be fined not more than CNY 1,000; where the circumstances are relatively minor, the person shall be given a warning or fined not more than CNY 500.
Any person who illegally carries firearms, ammunition, or controlled items as specified by national regulations, such as crossbows or daggers, into public places or on public transportation shall be detained for not less than five days but not more than ten days, and may also be fined not more than CNY 1,000.
Article 39 Any person who commits any of the following acts shall be detained for not less than ten days but not more than 15 days; where the circumstances are relatively minor, the person shall be detained for not more than five days:
(1) Stealing or damaging oil and gas pipeline facilities, power or telecommunications facilities, radio or television facilities, water conservancy project facilities, public water supply facilities, highway facilities and their appurtenances, or public facilities for hydrological monitoring, surveying, meteorological observation, ecological and environmental monitoring, geological monitoring, or seismic monitoring, thereby endangering public safety;
(2) Removing or damaging national boundary markers, boundary stakes, or other boundary signs or facilities, or facilities marking territorial or maritime base points; or
(3) Illegally engaging in activities that affect the direction of national boundary lines or border lines, or constructing facilities that impede frontier (border) administration.
Article 40 Any person who steals, damages, or without authorization removes aviation facilities in use, or forcibly enters the cockpit of an aircraft, shall be detained for not less than ten days but not more than 15 days.
Any person who, on an aircraft in use, uses instruments or tools that may affect the normal functioning of the navigation system, and refuses to desist when dissuaded, shall be detained for not more than five days or fined not more than CNY 1,000.
Any person who steals, damages, or without authorization removes facilities or equipment of other public transportation vehicles in use, or interferes with the normal operation of a public transportation vehicle by seizing control of driving devices, pulling at, or assaulting the driver, shall be detained for not more than five days or fined not more than CNY 1,000; where the circumstances are relatively serious, the person shall be detained for not less than five days but not more than ten days.
Article 41 Any person who commits any of the following acts shall be detained for not less than five days but not more than ten days, and may also be fined not more than CNY 1,000; where the circumstances are relatively minor, the person shall be detained for not more than five days or fined not more than CNY 1,000:
(1) Stealing, damaging, or without authorization removing railway or urban rail transit facilities, equipment, locomotive or vehicle parts, or safety signs;
(2) Placing obstacles on railway or urban rail transit lines, or deliberately throwing objects at trains;
(3) Excavating pits, quarrying, or extracting sand on railway or urban rail transit lines, bridges, tunnels, or culverts; or
(4) Illegally setting up level crossings or pedestrian passages on railway or urban rail transit lines.
Article 42 Any person who, without authorization, enters a railway or urban rail transit protective enclosure, or who walks, sits, or lies on a railway or urban rail transit line when a train or urban rail transit vehicle is approaching, or who rushes across a railway or urban rail transit line and thereby affects traffic safety, shall be given a warning or fined not more than CNY 500.
Article 43 Any person who commits any of the following acts shall be detained for not more than five days or fined not more than CNY 1,000; where the circumstances are serious, the person shall be detained for not less than ten days but not more than 15 days, and may also be fined not more than CNY 1,000:
(1) Installing or using an electric fence without approval, or installing or using an electric fence in violation of safety regulations;
(2) Carrying out construction at locations used by vehicles or pedestrians without providing covers, barriers, or warning signs for pits, manholes, or ditches, or deliberately damaging or removing such covers, barriers, or warning signs;
(3) Stealing or damaging manhole covers, lighting, or other public facilities on roads;
(4) Violating relevant laws or regulations by releasing airborne objects carrying open flames, creating a fire hazard, and refusing to desist when dissuaded; or
(5) Throwing objects from buildings or other high places, thereby endangering the personal safety of others, the safety of public or private property, or public safety.
Article 44 Where a large-scale mass activity such as a sports or cultural event is held in violation of relevant regulations, creating a danger of a safety accident, and the organizers refuse or are unable to make corrections after being ordered to do so by the public security authority, the activity shall be ordered to stop immediately and participants shall be evacuated.
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