Administrative Compulsion Law of China 

· Document Number：Order No. 49 of the President of the People’s Republic of China

· Area of Law： Administrative Litigation

· Level of Authority： Laws

· Date issued：06-30-2011

· Effective Date：01-01-2012

· Status： Effective

· Issuing Authority： Standing Committee of the National People's Congress

compulsionOrder of the President of China
(No. 49)
The Administrative Compulsion Law of the People's Republic of China, as adopted at the 21st meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on June 30, 2011, is hereby promulgated and shall come into force on January 1, 2012.
Hu Jintao, President of the People's Republic of China
June 30, 2011

Administrative Compulsion Law of China
(Adopted at the 21st meeting of the Standing Committee of the 11th National People's Congress on June 30, 2011)
Contents
Chapter I General Principles 
Chapter II Types and Setting of Administrative Compulsion 
Chapter III Procedures for the Implementation of Administrative Compulsory Measures 
Section 1 General Provisions
Section 2 Seizure and Impoundment
Section 3 Freezing
Chapter IV Procedures for Enforcement by Administrative Organs 
Section 1 General Provisions
Section 2 Enforcement of Pecuniary Payment Obligations 
Section 3 Performance on Behalf of the Party Concerned 
Chapter V Application to the People's Court for Enforcement 
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Principles
Article 1 This Law is formulated in accordance with the Constitution for the purposes of regulating the setting and implementation of administrative compulsion, guaranteeing and supervising administrative organs' performance of duties according to law, maintaining public interests and social order and protecting the legitimate rights and interests of citizens, legal persons and other organizations.
Article 2 The term “administrative compulsion” as mentioned in this Law shall include administrativecompulsory measures and administrative enforcement.
Administrativecompulsory measures refer to the temporary restriction of the personal freedom of citizens or temporary control of the property of citizens, legal persons or other organizations according to law by administrative organs in the process of administration for such purposes as stopping illegal acts, preventing destruction of evidence, avoiding damage and containing expansion of danger.
Administrative enforcement refers to the performance of obligations as legally enforced by administrative organs or by the people's courts upon applications of administrative organs against citizens, legal persons or other organizations which do not perform administrative decisions.
Article 3 This Law shall apply to the setting and implementation of administrative compulsion.
In case of occurrence or impending occurrence of any natural disaster, accidental disaster, public health incident, social security incident or other emergency, the emergency response measures or temporary measures taken by administrative organs shall be governed by the relevant laws and administrative regulations.
The prudential supervision measures for the financial sector and the mandatory technical monitoring measures for imported and exported goods taken by administrative organs shall be governed by the relevant laws and administrative regulations.
Article 4 Administrativecompulsion shall be set and implemented according to the statutory authority, extent, conditions and procedures.
Article 5 The setting and implementation of administrativecompulsion shall be appropriate. If the purposes of administration may be achieved by non-compulsory means, no administrativecompulsion shall be set or implemented.
Article 6 The implementation of administrativecompulsion shall adhere to the combination of education and compulsion.
Article 7 Administrative organs and their staff members shall not seek benefits for entities or individuals by taking advantage of administrativecompulsory powers.
Article 8 A citizen, a legal person or any other organization shall be entitled to make statements or arguments against administrativecompulsion implemented by an administrative organ, be entitled to apply for administrative reconsideration or lodge an administrative lawsuit according to law, and be entitled to compensation for damage suffered from an administrative organ's illegal administrative compulsion.
A citizen, a legal person or any other organization which has suffered damage from any illegal act of or expansion of extent of enforcement by the people's court in the process of enforcement shall be entitled to compensation according to law.
Chapter II Types and Setting of Administrative Compulsion
Article 9 Types of administrativecompulsory measures:
(1) Restricting the personal freedom of a citizen;
(2) Seizing premises, facilities or properties;
(3) Impounding properties;
(4) Freezing deposits or remittances; and
(5) Other administrativecompulsory measures.
Article 10 Administrativecompulsory measures shall be set by law.
For matters which are not included in any law and are subject to the administrative authority of the State Council, administrativecompulsory measures other than those as prescribed in Article 9 (1) and (4) of this Law and those as must be set by law may be set by administrative regulation.
For matters which are not included in any law or administrative regulation and are local affairs, administrativecompulsory measures as prescribed in Article 9 (2) and (3) of this Law may be set by local regulation.
No regulatory documents other than laws and regulations may set administrativecompulsory measures.
Article 11 Where a law has provided for the objects, conditions for adoption and types of administrativecompulsory measures, no administrative or local regulation shall provide beyond the extent thereof.
Where no administrativecompulsory measures are set in a law, no administrativecompulsory measures shall be set by administrative or local regulation. However, if a law provides that the specific administrative measures for certain matters shall be provided for by administrative regulation, the administrative regulation may set administrativecompulsory measures other than those as prescribed in Article 9 (1) and (4) of this Law and those that must be set by law.
Article 12 Manners of administrative enforcement:
(1) Fines or late fees;
(2) Transfer of deposits or remittances;
(3) Auction or legal disposition of premises, facilities or properties that are seized or impounded;
(4) Removal of obstructions or restitution;
(5) Performance on behalf of the party concerned; and
(6) Other manners of enforcement.
Article 13 Administrative enforcement shall be set by law.
Where enforcement by administrative organs is not provided for by law, the administrative organ making the relevant administrative decision shall apply to the people's court for enforcement.
Article 14 In drafting a law or regulation, if administrativecompulsion is to be set, the drafting entity shall hear opinions in such forms as a hearing and a demonstration meeting, and explain the necessity of such administrative compulsion, the possible impacts and the solicitation and adoption of opinions to the organ making the law or regulation.
Article 15 The organ setting administrativecompulsion shall regularly review the administrativecompulsion set by it, and timely amend or abolish any inappropriate administrative compulsion.
The organ implementing administrativecompulsion may review the implementation of the set administrativecompulsion and the necessity of existence thereof in good time, and report its opinion to the organ setting such administrative compulsion.
Citizens, legal persons and other organizations may submit opinions and suggestions on the setting and implementation of administrativecompulsion to the organs setting or implementing administrative compulsion. The relevant organs shall conduct research and demonstration in earnest, and give feedback in proper manners.
Chapter III Procedures for the Implementation of AdministrativeCompulsory Measures
Section 1 General Provisions
Article 16 Administrative organs shall, in performing their administrative functions, implement administrativecompulsory measures in accordance with laws and regulations.
For illegal acts with obviously minor circumstances or without obvious harm to the society, administrative organs may decide not to take administrativecompulsory measures.
Article 17 Administrativecompulsory measures shall be implemented by administrative organs prescribed by laws and regulations within their statutory authority. The power to implement administrativecompulsory measures shall not be delegated.
Administrative organs which exercise relatively centralized powers of administrative punishment in accordance with the Law of the People's Republic of China on Administrative Punishment may implement administrativecompulsory measures related to their powers of administrative punishment as prescribed by laws and regulations.
Administrativecompulsory measures shall be implemented by the qualified law enforcement personnel of administrative organs only.
Article 18 In implementing administrativecompulsory measures, an administrative organ shall comply with the following provisions:
(1) Before implementation, a report on implementation shall be submitted to the person in charge of the administrative organ and an approval of implementation shall be obtained.
(2) An administrativecompulsory measure shall be implemented by two or more law enforcement personnel of the administrative organ.
(3) Law enforcement identity certificates shall be produced.
(4) The party concerned shall be notified to be present.
(5) The party concerned shall be notified on the spot of the reasons and basis for taking the administrativecompulsory measure and the rights of and remedies available to the party concerned according to law.
(6) The statements and arguments of the party concerned shall be heard.
(7) On-site transcripts shall be made.
(8) The on-site transcripts shall be singed or sealed by the party concerned and the law enforcement personnel of the administrative organ, and if the party concerned refuses to do so, it shall be noted in the transcripts.
(9) If the party concerned is not present, witnesses shall be invited to be present, and the witnesses and the law enforcement personnel of the administrative organ shall sign or seal the on-site transcripts.
(10) Other procedures as prescribed by laws and regulations.
Article 19 If any administrativecompulsory measure is implemented on the spot as needed in case of emergency, the law enforcement personnel of an administrative organ shall report it to the person in charge of the administrative organ and go through the approval formalities within 24 hours. If the person in charge of the administrative organ deems it improper to take the administrativecompulsory measure, the measure shall be lifted immediately.
Article 20 In implementing administrativecompulsory measures which restrict the personal freedom of citizens according to law, in addition to the procedures in Article 18 of this Law, an administrative organ shall comply with the following provisions:
(1) The law enforcement personnel of the administrative organ shall notify the family of the party concerned of the administrative organ implementing the administrativecompulsory measure and the location and term thereof, on the spot or immediately after implementing the administrativecompulsory measure.
(2) If the administrativecompulsory measure is implemented on the spot in case of emergency, the law enforcement personnel of the administrative organ shall report it to the person in charge of the administrative organ and go through the approval formalities immediately after returning to the administrative organ.
(3) Other procedures as prescribed by law.
Administrativecompulsory measures which restrict personal freedom shall not be implemented beyond the statutory term. If the purposes of implementing such an administrativecompulsory measure have been achieved or the conditions for implementing it have disappeared, the administrativecompulsory measure shall be lifted immediately.
Article 21 If an illegal act may constitute a crime and shall be transferred to the judicial organ, the administrative organ shall transfer the seized, impounded or frozen properties along with it, and inform the party concerned in writing.
Section 2 Seizure and Impoundment
Article 22 Seizure and impoundment shall be implemented by administrative organs as prescribed by laws and regulations, and no other administrative organs or organizations may implement them.
Article 23 Seizure and impoundment shall be limited to the case-related premises, facilities or properties, and no premises, facilities or properties irrelevant to the illegal acts shall be seized or impounded. The daily necessities of citizens and their dependents shall not be seized or impounded.
Premises, facilities or properties of the party concerned, which have been seized by any other state organ according to law, shall not be seized repeatedly.
Article 24 Where an administrative organ decides to implement seizure or impoundment, it shall go through the procedures in Article 18 of this Law, and make and delivery on the spot a written decision on seizure or impoundment and a list of seizure or impoundment.
The written decision on seizure or impoundment shall specify:
(1) Name and address of the party concerned;
(2) Reasons and basis for and term of seizure or impoundment;
(3) Names and amounts, among others, of the seized or impounded premises, facilities or properties;
(4) Ways and time limit for applying for administrative reconsideration or lodging an administrative lawsuit; and
(5) Name and seal of the administrative organ and date.
The list of seizure or impoundment shall be made in duplicate, as respectively held by the party concerned and the administrative organ.
Article 25 The term of seizure or impoundment shall not exceed 30 days. If the situation is complicated, the term may be extended with the approval of the person in charge of the administrative organ, but the extension shall not exceed 30 days, unless it is otherwise provided for by a law or administrative regulation.
The party concerned shall be timely notified in writing of a decision on extension of the term of seizure or impoundment as well as the reasons for the extension.
If any item needs to be tested, inspected, quarantined or technically appraised, the period of seizure or impoundment shall not include the period of testing, inspection, quarantine or technical appraisal. The period of testing, inspection, quarantine or technical appraisal shall be specified and be notified to the party concerned in writing. The fees for testing, inspection, quarantine or technical appraisal shall be borne by administrative organs.
Article 26 An administrative organ shall properly keep, and shall not use or damage, the seized or impounded premises, facilities or properties; and if any loss is caused, shall bear the compensatory liability.
An administrative organ may authorize a third party to keep the seized premises, facilities or properties, and the third party shall not damage or transfer or dispose them without authorization. For any loss caused by the third party, the administrative organ shall be entitled to reimbursement by the third party after making advance compensation for the loss.
The keeping fees incurred for seizure or impoundment shall be borne by administrative organs.
Article 27 After taking a seizure or impoundment measure, an administrative organ shall timely ascertain the facts and make a handling decision within the time limit as prescribed in Article 25 of this Law. If there are clear facts of violation of law, the administrative organ shall confiscate illegal properties as required by law; destroy those as prescribed by laws and administrative regulations; or make a decision on lifting the seizure or impoundment as it should be.
Article 28 Under any of the following circumstances, an administrative organ shall timely make a decision on lifting a seizure or impoundment:
(1) The party concerned has not committed any illegal act;
(2) The seized or impounded premises, facilities or properties are irrelevant to the illegal act;
(3) The administrative organ has already made a handling decision on the illegal act, and a seizure or impoundment is no longer necessary;
(4) The term of seizure or impoundment has expired; or
(5) The measure of seizure or impoundment is otherwise no longer necessary.
Where a seizure or impoundment is lifted, the relevant properties shall be returned immediately. If the fresh goods or other perishable properties have been auctioned or sold, the proceeds from the auction or sale shall be refunded. If the selling price is obviously lower than the market price, causing any loss to the party concerned, compensation shall be made for the loss.
Section 3 Freezing
Article 29 The freezing of deposits or remittances shall be implemented by administrative organs as prescribed by law, and shall not be delegated to other administrative organs or organizations. No other administrative organs or organizations may freeze deposits or remittances.
The amount of deposits or remittances frozen shall be equivalent to the amount involved in the illegal acts. Deposits or remittances that have been frozen by any other state organ according to law shall not be frozen repeatedly.
Article 30 Where an administrative organ decides to freeze deposits or remittances according to law, it shall go through the procedures in Article 18 (1), (2), (3) and (7) of this Law, and deliver a notice of freezing to the relevant financial institution.
The financial institution shall freeze the deposits or remittances immediately after receiving the notice of freezing issued by the administrative organ according to law, and shall not disclose any information to the party concerned before the freezing.
Where an administrative organ or organization other than those as prescribed by law requests a financial institution to freeze any deposit or remittance of the party concerned, the financial institution shall reject it.
Article 31 To freeze deposits or remittances according to law, an administrative organ making the decision shall, within 3 days, deliver to the party concerned a written decision on freezing, which shall specify:
(1) Name and address of the party concerned;
(2) Reasons and basis for the freezing and the term thereof;
(3) Account number and amount frozen;
(4) Ways and time limit for applying for administrative reconsideration or lodging an administrative lawsuit; and
(5) Name and seal of the administrative organ and date.
Article 32 Within 30 days from the date of freezing deposits or remittances, an administrative organ shall make a handling decision or a decision on lifting the freezing measure. If the situation is complicated, the time limit may be extended with the approval of the person in charge of the administrative organ, but the extension shall not exceed 30 days, unless it is otherwise provided for by a law.
The party concerned shall be timely notified in writing of a decision on extension of freezing as well as the reasons for the extension.
Article 33 Under any of the following circumstances, an administrative organ shall timely make a decision on lifting the freezing measure:
(1) The party concerned has not committed any illegal act;
(2) The frozen deposits or remittances are irrelevant to the illegal act;
(3) The administrative organ has already made a decision on handling the illegal act, and freezing is no longer necessary;
(4) The term of freezing has expired; or
(5) The freezing measure is otherwise no longer necessary.
Where an administrative organ makes a decision on lifting the freezing measure, it shall timely notify the relevant financial institution and the party concerned. The financial institution shall lift the freezing measure immediately after receiving the notice.
Where an administrative organ fails to make a handling decision or a decision on lifting the freezing measure within the prescribed time limit, the relevant financial institution shall lift the freezing measure from the date of expiry of the term of freezing.
Chapter IV Procedures for Enforcement by Administrative Organs
Section 1 General Provisions
Article 34 Where, after an administrative organ makes an administrative decision according to law, the party concerned fails to perform obligations within the time limit as determined by the administrative organ, the administrative organ with the administrative enforcement power shall conduct enforcement according to the provisions of this Chapter.
Article 35 An administrative organ shall prompt the party concerned to perform obligations before making a decision on enforcement. The prompting shall be made in writing, and specify:
(1) The time limit for performing obligations;
(2) Manners of performance of obligations;
(3) Specific amount and payment methods if any pecuniary payment is involved; and
(4) The right of the party concerned to make statements and arguments according to law.
Article 36 The party concerned shall be entitled to make statements and arguments after receiving a letter of prompting. An administrative organ shall fully hear the opinions of the party concerned, and record and review the facts, reasons and evidence provided by the party concerned. If any fact, reason or evidence provided by the party concerned is tenable, the administrative organ shall adopt it.
Article 37 Where, after being prompted, the party concerned still fails to perform an administrative decision within the prescribed time limit without any justifiable reason, the administrative organ may make a decision on enforcement.
A decision on enforcement shall be made in writing, and specify:
(1) Name and address of the party concerned;
(2) Reasons and basis for enforcement;
(3) Manners and time of enforcement;
(4) Ways and time limit for applying for administrative reconsideration or lodging an administrative lawsuit; and
(5) Name and seal of the administrative organ and date.
During the period of prompting, if there is evidence on any sign of transfer or concealment of properties, the administrative organ may make a decision on immediate enforcement.
Article 38 A letter of prompting or a written decision on administrative enforcement shall be directly served on the party concerned. If the party concerned refuses to accept it or it cannot be directly served on the party concerned, it shall be served according to the relevant provisions of the Civil Procedure Law of the People's Republic of China.
Article 39 Under any of the following circumstances, enforcement shall be suspended:
(1) The party concerned has real difficulty in performing, or temporarily has no ability to perform, the administrative decision;
(2) A third party claims right to the subject matter of enforcement with a justifiable reason;
(3) The enforcement may cause any irreparable loss, and a suspension of enforcement does not damage the public interests; or
(4) The administrative organ otherwise deems a suspension of enforcement necessary.
After the situation causing the suspension of enforcement disappears, the administrative organ shall resume enforcement. Where the party concerned really has no ability to perform the decision and the enforcement is not resumed 3 years after being suspended, if no obvious harm is caused to the society, the administrative organ shall no longer conduct the enforcement.
Article 40 Under any of the following circumstances, enforcement shall be terminated:
(1) A citizen dies, leaving no inheritance available for enforcement and no successor to his or her obligations;
(2) A legal person or any other organization is terminated, leaving no property available for enforcement and no successor to its obligations;
(3) The subject matter of enforcement is extinguished;
(4) The administrative decision on which the enforcement is based has been revoked; or
(5) The administrative organ otherwise deems a termination of enforcement necessary.
Article 41 Where, in the process of enforcement or after completion of enforcement, the administrative decision on which the enforcement is based has been cancelled or modified or the enforcement is found to be wrong, restoration shall be made or properties shall be returned; and if restoration or return of properties is not possible, compensation shall be made according to law.
Article 42 In conducting administrative enforcement, an administrative organ may reach an enforcement agreement with the party considered, provided that no harm is caused to the public interests and the legitimate rights and interests of others. The enforcement agreement may be performed by stages; and if the party considered has taken remedial measures, the imposed fine or late fee may be reduced or waived.
An enforcement agreement shall be performed. If the party concerned fails to perform the enforcement agreement, the administrative organ shall resume enforcement.
Article 43 Administrative organs shall not conduct administrative enforcement at night or on a statutory public holiday, except for emergency.
Administrative organs shall not force the parties concerned to perform the relevant administrative decisions by such means as cutting off the supply of water, electricity, heating or gas for the living of residents.
Article 44 For an illegal building, structure or facility, among others, which needs to be dismantled by force, an administrative organ shall make an announcement to set a time limit for the party concerned to dismantle it. If the party concerned fails to apply for administrative reconsideration or lodge an administrative lawsuit within the statutory time limit, and does not dismantle it, the administrative organ may forcibly dismantle it according to law.
Section 2 Enforcement of Pecuniary Payment Obligations
Article 45 Where an administrative organ makes an administrative decision on an obligation of pecuniary payment according to law, and the party concerned fails to perform it within the prescribed time limit, the administrative organ may impose a fine or late fee according to law. The party concerned shall be notified of the standards for the imposed fine or late fee.
The amount of the imposed fine or late fee shall not exceed the amount of the pecuniary payment obligation.
Article 46 Where, 30 days after an administrative organ imposes a fine or late fee according to the provisions of Article 45 of this Law, the party concerned still fails to perform the relevant decision after being prompted, the administrative organ with the administrative enforcement power may conduct enforcement.
If, before conducting enforcement, the administrative organ needs to take the measure of seizure, impoundment or freezing, it shall be governed by the provisions of Chapter III of this Law.
An administrative organ without the administrative enforcement power shall apply to the people's court for enforcement. However, if the party concerned fails to apply for administrative reconsideration or lodge an administrative lawsuit within the statutory time limit, and still does not perform the relevant decision after being prompted, the administrative organ which has taken the measure of seizure or impoundment in the process of administration may auction the seized or impounded properties according to law for offsetting the fine.
Article 47 The transfer of deposits or remittances shall be decided by administrative organs as prescribed by law, and the related financial institutions shall be notified in writing. A financial institution shall transfer the deposits or remittances immediately after receiving a decision on transfer of deposits or remittances made by an administrative organ according to law.
Where any administrative organ or organization other than those as prescribed by law requests a transfer of deposits or remittances of the party concerned, the relevant financial institution shall reject it.
Article 48 For properties that need to be auctioned according to law, an administrative organ shall authorize an auction institution to auction such properties according to the Auction Law of the People's Republic of China.
Article 49 The transferred deposits or remittances and the proceeds from auction or legal disposition shall be turned over to the state treasury or transferred into the designated financial accounts. No administrative organ or individual may withhold them in any way, privately divide them, or privately divide them in disguise.
Section 3 Performance on Behalf of the Party Concerned
Article 50 Where an administrative organ makes an administrative decision to require the party concerned to perform an obligation such as removal of obstruction or restitution, if the party concerned fails to perform it within the prescribed time limit, still fails to do so after being prompted and the consequences of it have endangered or will endanger the traffic safety, have caused or will cause environmental pollution or have damaged or will damage natural resources, the administrative organ may perform the obligation on behalf of the party concerned or authorize a third party which is not a party of interest to perform the obligation on behalf of the party concerned.
Article 51 In the performance on behalf of the party concerned, the following provisions shall be complied with:
(1) A written decision shall be served before performance on behalf of the party concerned, which shall state the name and address of the party concerned, the reasons and basis for, the manner and time of, and the subject matter and expense budget of the performance on behalf of the party, and the party which performs on behalf of the party concerned.
(2) The party concerned shall be prompted to perform 3 days before performance on behalf of the party concerned, and if the party concerned performs, performance on behalf of the party concerned shall cease.
(3) During performance on behalf of the party concerned, the administrative organ making the relevant decision shall send personnel to conduct supervision on the spot.
(4) After the completion of performance on behalf of the party concerned, the personnel of the administrative organ conducting supervision on the spot, the party which performs on behalf of the party concerned and the party concerned or witnesses shall affix their signatures or seals to the enforcement documents.
The fees for performance on behalf of the party concerned shall be reasonably determined on the basis of cost, and be borne by the party concerned, unless it is otherwise provided for by law.
Performance on behalf of the party concerned shall not be conducted by violence,compulsion or any other illegal means.
Article 52 Where it is necessary to immediately remove the objects littered, obstructions or pollutants on a road or in a watercourse, navigation route or public place, and the party concerned is unable to do so, the relevant administrative organ may decide to immediately initiate performance on behalf of the party concerned. If the party concerned is not on the spot, the administrative organ shall notify the party concerned immediately after the performance, and handle it according to law.
Chapter V Application to the People's Court for Enforcement
Article 53 If the party concerned fails to apply for administrative reconsideration or lodge an administrative lawsuit within the statutory time limit, and does not perform an administrative decision, the relevant administrative organ without the administrative enforcement power may, within 3 months after the expiry of the time limit, apply to the people's court for enforcement according to the provisions of this Chapter.
Article 54 An administrative organ shall, before applying to the people's court for enforcement, prompt the party concerned to perform obligations. If the party concerned still fails to perform obligations 10 days after the letter of prompting is served, the administrative organ may apply for enforcement to the local people's court having jurisdiction. If the object of enforcement is immovable, the administrative organ shall apply for enforcement to the people's court having jurisdiction at the place where the immovable property is located.
Article 55 An administrative organ which applies to the people's court for enforcement shall provide the following materials:
(1) A written application for enforcement;
(2) A written administrative decision, and the facts, reasons and basis for making the decision;
(3) Opinions of the party concerned and information on prompting by the administrative organ;
(4) Information on the subject matter of enforcement upon application; and
(5) Other materials as prescribed by laws and administrative regulations.
The written application for enforcement shall be signed by the person in charge of the administrative organ, bear the seal of the administrative organ, and be dated.
Article 56 The people's court shall accept an application of an administrative organ for enforcement within 5 days after receiving it.
If the administrative organ raises any objection to the ruling of the people's court on rejecting its application for enforcement, it may apply to the people's court at the next higher level for reconsideration within 15 days, and the latter shall, within 15 days after receiving the application for reconsideration, make a ruling on whether to accept the application for enforcement.
Article 57 The people's court shall conduct documentary examination of the application of an administrative organ for enforcement, and if the application meets the provisions of Article 55 of this Law and the administrative decision has the statutory enforceability, the people's court shall make a ruling on enforcement within 7 days after acceptance, except under the circumstances as prescribed in Article 58 of this Law.
Article 58 If the people's court finds any of the following circumstances, it may hear the opinions of the party against whom enforcement is sought and the administrative organ before making a ruling.
(1) Apparent lack of basis in fact;
(2) Apparent lack of basis in law or regulation; or
(3) Other obvious violation of law, damaging the legitimate rights and interests of the party against whom enforcement is sought.
The people's court shall, within 30 days after acceptance, make a ruling on whether to conduct enforcement. If it rules against enforcement, it shall give reasons for such a ruling, and serve the non-enforcement ruling on the administrative organ within 5 days.
If the administrative organ raises any objection to the ruling of the people's court on non-enforcement, it may, within 15 days after receiving the ruling, apply to the people's court at the next higher level for reconsideration, and the latter shall, within 30 days after receiving the application for reconsideration, make a ruling on whether to conduct enforcement.
Article 59 In case of emergency, to guarantee public security, an administrative organ may apply to the people's court for immediate enforcement. The people' court shall, with the approval of the president of the people's court, conduct enforcement within 5 days from the date on which the enforcement ruling is made.
Article 60 An administrative organ applying to the people's court for enforcement need not pay any application fee. The enforcement fees shall be borne by the party against whom enforcement is sought.
Where the people's court conducts enforcement by transfer or auction, it may deduct the enforcement fees after transfer or auction.
For properties that shall be auctioned according to law, the people's court shall authorize an auction institution to auction such properties according to the provisions of the Auction Law of the People's Republic of China.
The transferred deposits or remittances or the proceeds from auction or legal disposition shall be turned over to the state treasury or transferred into the designated financial accounts, and shall not be withheld in any form, privately divided, or privately divided in disguise.
Chapter VI Legal Liability
Article 61 Where an administrative organ implementing administrativecompulsion falls under any of the following circumstances, the administrative organ at the higher level or the relevant department shall order it to make correction, and the directly liable person in charge and other directly liable persons shall be subject to disciplinary actions according to law:
(1) Implementing administrativecompulsion without any basis in law or regulation;
(2) Altering the object, conditions and manner of administrative compulsion;
(3) Implementing administrativecompulsion in violation of statutory procedures;
(4) Implementing administrative enforcement at night or on a statutory holiday in violation of this Law;
(5) Forcing the party concerned to perform the relevant administrative decision by such means as cutting off the supply of water, electricity, heating and gas for the living of residents; or
(6) Otherwise implementing administrativecompulsion in violation of law.
Article 62 Where an administrative organ falls under any of the following circumstances in violation of this Law, the administrative organ at the higher level or the relevant department shall order it to make correction, and the directly liable person in charge and other directly liable persons shall be subject to disciplinary actions according to law:
(1) Expanding the extent of seizure, impoundment or freezing;
(2) Using or damaging the premises, facilities or properties seized or impounded;
(3) Failing to make a handling decision within the statutory term of seizure or impoundment or failing to timely lift seizure or impoundment according to law; or
(4) Failing to make a handling decision within the statutory term of the freezing of deposits or remittances or failing to timely lift the freezing according to law.
Article 63 Where an administrative organ withholds, privately divides, or privately divides in disguise the properties seized or impounded, the deposits or remittances transferred, or the proceeds from auction or legal disposition, the public finance department or the relevant department shall recover them; and the directly liable person in charge and other directly liable persons shall be subject to disciplinary actions according to law, including major demerit, demotion, removal or dismissal.
If any staff member of an administrative organ takes advantage of his/her position to appropriate the seized or impounded premises, facilities or properties, the administrative organ at the higher level or the relevant department shall order him/her to make correction, and subject him/her to disciplinary actions according to law, including major demerit, demotion, removal or dismissal.
Article 64 Where an administrative organ or any of its staff members seeks any benefit for any entity or individual by taking advantage of the administrativecompulsory power, the administrative organ at the higher level and the relevant department shall order it or him/her to make correction, and the directly liable person in charge and other directly liable persons shall be subject to disciplinary actions according to law.
Article 65 Where a financial institution commits any of the following acts in violation of this Law, the financial regulatory institution shall order it to make correction, and the directly liable person in charge and other directly liable persons shall be subject to disciplinary actions according to law:
(1) Leaking information to the party concerned before freezing;
(2) Failing to freeze or transfer the deposits or remittances that shall be immediately frozen or transferred, which results in the displacement of the deposits or remittances;
(3) Freezing or transferring the deposits or remittances that shall not be frozen or transferred; or
(4) Failing to timely lift the freezing of deposits or remittances.
Article 66 Where a financial institution transfers funds into any account other than the state treasury or designated financial accounts in violation of this Law, the financial regulatory institution shall order it to make correction, and impose a fine twice the amount of funds illegally transferred. The directly liable person in charge and other directly liable persons shall be subject to disciplinary actions according to law.
Where an administrative organ or people's court instructs a financial institution to transfer funds into any account other than the state treasury or designated financial accounts in violation of this Law, the directly liable person in charge and other directly liable persons shall be subject to disciplinary actions according to law.
Article 67 Where a people's court or any of its staff members commits any illegal act or expands the extent of enforcement during enforcement, the directly liable person in charge and other directly liable persons shall be subject to disciplinary actions according to law.
Article 68 Whoever violates this Law, causing any loss to any citizen, legal person or other organization, shall make compensation for the loss according to law.
Whoever violates this Law shall be subject to criminal liability if the violation constitutes a crime.
Chapter VII Supplementary Provisions
Article 69 A time limit of not more than 10 days as mentioned in this Law refers to work days, excluding statutory public holidays.
Article 70 Where an organization with the function of administering public affairs as authorized by a law or administrative regulation conducts administrativecompulsion in its own name within the statutory authority, the relevant provisions on administrative organs in this Law shall apply.
Article 71 This Law shall come into force on January 1, 2012.