Provisional Rules on Administrative Penalty Procedures Relating to Radio，Film and Television
(Promulgated on December 19，1996 by the Ministry of Radio，Film and Television as Decree No.20 and effective as of the date of promulgation)
Chapter Ⅰ General Provisions
Article 1 These rules are enacted in accordancewith the Administrative Penalty Law in order to maintain order in the administration of radio，film and television; to regulate administrative penalties for radio，film and television;and to protect the legitimate rights and interests of citizens，legal persons，and other organizations.
Article 2 These rules and the Administrative Penalty Law apply to the administrative penalties imposed by the administrative authorities for radio，film and television at or above the county level，aswell as by the administrative departments for radio，film and television at or above the county level thatare empowered to impose administrative penalties in accordance with the relevant laws and regulations.
The administrative departments for radio，film and television may，depending upon their operational requirements，delegate the task of imposing administrative penalties to any organization as authorized under Article 19 of the Administrative Penalty Law; these rules and the Administrative Penalty Law shall apply when the delegated organization imposes administrative penalties.
Article 3 Administrative penalties relating to radio，film and television must be imposed on the basis of the facts，and must correspond to the nature，circumstances and harm caused to the society as a result of the illegal conduct.
Article 4 Administrative penalties relating to radio，film and television must be imposed in accordance with the relevant laws，regulations，rules and normative documents.
Article 5 The law enforcement personnel imposing administrative penalties relating to radio，film or televisionmust perform their notification obligations and protect the legitimate rights and interests of the party concerned in accordance with the law.
Article 6 When investigating and dealing with any case of administrative violation relating to radio，film or television，the party concerned shall be ordered to rectify its unlawful conduct immediately or within a specific period，and the principle of compiling evidence beforemaking a rulingmust be observed.
Investigations and the compiling of evidencemust be comprehensive，impartial and fair.Investigative proceduresmust comply with the law.
Article 7 The administrative departments at or above the county level empowered to impose administrative penalties in the location ofwhere the unlawful conduct has been committed shall have jurisdiction over administrative penalties for radio，film and television，unless otherwise provided for by other laws，regulations and rules.
Article 8 Any dispute over jurisdiction shall be submitted to the administrative authority for radio，film and television at the next-higher level of the designated jurisdiction.
If deemed necessary，the higher-level administrative authority for radio，film and television may directly assume jurisdiction.
Article 9 For purposes of conducting an investigation，the law enforcement personnel involved must hold administrative law enforcement certificates uniformly issued by the Ministry of Radio，Film and Television，and the number of such personnel shall be no fewer than two.
In any of the following circumstances，the investigating law enforcement personnelmust withdraw from the case.Similarly，the party concerned may also request their withdrawal:
(1)where they are the party concerned or are a close relative of the party concerned or of a representative of the party concerned;
(2)where they have an interest in the case;or
(3)where they have any other relationship with the party concerned thatmay affect the administration of justice in the case.
The decision on their withdrawal shall be made by the person in charge of their department.
Article 10 An administrative penalty relating to radio，film or television shall not be imposed more than once on the same party for the same instance of unlawful conduct.
Article 11 Where a radio，film or television administrative violation constitutes a crime，the case shall be transferred to the judicial authorities.
Article 12 Unless the law provides otherwise，an administrative violation relating to radio，film or television that is not discovered within two years of its occurrence will not be punished.
The period provided in the paragraph above is calculated from the date on which the unlawful conduct occurred.Where the unlawful conductwas progressive or continuous，itwill be calculated from the date on which the conduct ceases.
Chapter Ⅱ Summary Procedures
Article 13 Where the facts of a legal violation are clear，the circumstances are relatively insignificant，and awarning or a fine of nomore than RMB 50 for a citizen or RMB 1，000 for a legal person shall be imposed，the law enforcement personnelmay decide tomake an administrative penalty ruling on the spot and hand a written penalty ruling to the party concerned.
Article 14 Where law enforcement personnel decide to issue a penalty ruling on the spot，they shall fulfill the following duties:
(1)present their law enforcement identification documents;
(2)state the fact that the party concerned has violated the law，and the reasons and grounds for the administrative penalty;
(3)listen and respond to the defense and queries of the party concerned，and inform the party concerned of its legal right to request administrative reconsideration or bring an administrative lawsuit;and
(4)announce the applicable administrative penalty and complete a written administrative penalty ruling.
Article 15 Law enforcement personnelmay collect fines of nomore than RMB 20 on the spot，and must issue a standard fine receipt from the provincial-level department of finance.
Law enforcement personnel shall hand over the fines collected under the preceding paragraph to their departmentwithin two days of the date of receipt.These fines shall then be centrally transferred by the department to a designated bank.
Article 16 A fine ofmore than RMB 20 and less than RMB 1，000 resulting from a summary proceduremust be paid by the party concerned to the designated bank within 15 days after receipt of the written penalty ruling.
Article 17 A written administrative penalty ruling issued on the spotmust be filed for recording.
Chapter Ⅲ General Procedures
Article 18 In administrative caseswhere a penalty ruling is not issued on the spot，a case filing report shall be formulated for approval in a timelymanner.
Article 19 When a case has been approved for filing and investigation，law enforcement personnel shall conduct an investigation and produce investigation records and scene notes.
Article 20 When law enforcement personnel conduct an investigation and compile evidence，they shall fulfill the following duties:
(1)present their law enforcement identification documents;
(2)produce investigation records or scene notes;and
(3)produce notes of any othermatters requiring investigation.
Article 21 After checking the investigation records or scene notes，the party concerned or person present at the scene shall sign and seal them.
Where there is a refusal to sign and seal the investigation records or scene notes，the law enforcement personnel present may sign and seal them，and provide an explanation of the circumstances.
Article 22 Law enforcement personnel shall eliminate the unlawful conduct of the party concerned in a timelymanner so as to avoid serious consequences.
Article 23 Law enforcement personnel may compile evidence by means of questioning，examining specimens and taking photographs.
If evidence is likely to be destroyed，lost，or difficult to collect later，then，with the approval of the person in charge of the department，itmay be preserved by registration，and a preservation registration list or scene notes shall be completed.
Article 24 Evidence preserved by registration shall be stored in a manner appropriate to the situation or the scene，and a decision on how to dealwith it shall bemade within seven days.During this period，the evidencemay not be used，destroyed or transferred by any person without authorization.
Article 25 When taking enforcement action in accordance with the laws and regulations，law enforcement personnelmust obtain approval from the person in charge of the department.
Article 26 When law enforcement personnel deem that the basic facts of a case have been ascertained，they shall draw up a case resolution opinion，a copy of which shall be served to the concerned party within three days together with an acknowledgement of receipt for the party concerned to return.
The person serving the case resolution opinion may collect the acknowledgement of receipt signed by the party concerned on the spot or within a specified period.
Where the party concerned fails to return the acknowledgement of receipt within the specified period withouta valid reason，the party concerned will be deemed to havewaived its right to a defense or hearing.
Article 27 Once the law enforcement personnel have received an acknowledgement of receipt，they shall advise whether or not to revise the case resolution opinion，and shall report to the person in charge of their department for examination.
Article 28 The person in charge of the department in question shall examine the case resolution opinion and elect to do one of the following depending upon the specific circumstances:
(1)render an administrative penalty ruling appropriate to the seriousness of the facts and the specific circumstances of the case，where the unlawful conduct merits an administrative penalty;
(2)impose no administrative penalty where the unlawful conduct is minor and may lawfully be exempted from an administrative penalty;
(3)impose no administrative penalty where the facts of the unlawful conduct cannot be established;or
(4)transfer the case to the judicial authoritieswhere the unlawful conduct constitutes a crime.
Where the nature of the unlawful conduct is complicated and requires the imposition of a comparatively severe administrative penalty，the persons in charge of the department shall decide the same pursuant to collective discussions.
The chief executive shall be responsible for cases where an administrative penalty is subject to a ruling by collective discussion.
Article 29 Where a decision has been made to impose an administrative penalty，a written administrative penalty ruling shall be produced in accordance with Article 39 of the Administrative Penalty Law，which shall be directly served to the party concerned within seven days.
Article 30 A written administrative penalty ruling shall be served in accordancewith the procedures stipulated in the Civil Procedure Law.
The party concerned shall sign an acknowledgement of receipt of the written administrative penalty ruling，exceptwhere the ruling is served by registeredmail or by public announcement.
Where the party concerned refuses to sign so as to confirm receipt of the written administrative penalty ruling，the person serving the rulingmay leave it at the place of service and provide a written explanation as to why no signature was obtained.
Article 31 Once an administrative penalty ruling has been rendered，the party concerned shall perform itwithin the period specified therein.
Unless the law provides otherwise，the performance of the administrative penalty ruling will not be suspended where the party concerned requests administrative reconsideration or initiates an administrative lawsuit against it.
Article 32 Where general procedures are applied and a fine is imposed，the party concerned shall make payment to the designated bank，with regard to the written administrative penalty ruling，within 15 days of receipt.
Notwithstanding the foregoing，where the later collection of a fine would be difficult，it may be collected on the spot.
Article 33 Where the party concerned fails to pay a fine within the stipulated period，a penalty of 3% of the amount of the fine shall be added to it daily.
Where the party concerned fails to perform a written administrative penalty ruling within the stipulated period，an application may bemade to the people's court for enforcement.
Article 34 Confiscated unlawful goods or equipment shall be auctioned by an entity with the power to hold auctions or disposed of in accordance with the standard rules of the people's government at the level of the province，autonomous region or directly administered municipality regarding the confiscation of unlawful goods.
Article 35 Fines，confiscated unlawful revenue and proceeds from the auction of confiscated goods or equipmentmust be turned over to the state treasury in accordance with the law.
Article 36 Once an administrative penalty has been enforced，a case resolution report shall be completed.
Chapter Ⅳ Hearing Procedures
Article 37 At the request of the party concerned，a hearing shall be held before imposing an administrative penalty that involves ordering the cessation of production or business，the revocation of a permit or license，or the imposition of a comparatively heavy fine.
The party concerned shall request a hearing within three days of being notified of its right to do so.
Article 38 The standards applied in a hearing on a comparatively heavy fine shall be in accordance with the standards set by the Standing Committee of the People's Congress or the people's government at the level of the province，autonomous region，or directly administered municipality.
The party concerned may request a hearing where the Ministry of Radio，Film and Television imposes a fine of RMB 100，000 or above.
Article 39 Where a hearing is to be held，the presiding chairman，clerk，and time and place thereof shall be determined，and the party concerned and relevant personnel shall be informed seven days prior to the hearing.
The hearing shall be chaired by personnel from the department's legal department or from an organization with no connection to the case.
Article 40 Hearings shall be held openly，exceptwhere state secrets，trade secrets or private personalmatters are involved.
Article 41 The subjectmatter of a hearing shall be determined and directed by the presiding chairman，and the hearing shall abide by the following rules:
(1)the presiding chairman will announce the opening of the hearing and the procedures for the hearing，and inform the party concerned of its rights and obligations during the hearing;
(2)the presiding chairman will question the party concerned，the case investigators，witnesses and other relevant persons，and request the relevant evidence to be produced;
(3)the party concerned or its representative shall respond to the case investigatorswith regard to the facts and the law，and shall cross-examine the evidence;
(4)the presiding chairman is empowered to halt any argument about issues during the hearing that cannot be resolved between the parties;
(5)following the end of arguments，the party concerned shallmake a closing statement;
(6)the presiding chairman shall announce the conclusion of the hearing;and
(7)a record of the hearing shall bemade，and shall be signed or sealed by all parties in attendance，once the record has been checked for errors.
The provisions of the second paragraph of Article 9 hereof shall apply to the withdrawal of the presiding chairman of a hearing.
The withdrawal of the presiding chairman of a hearing shall be determined by the department's chief executive.
Article 42 Where the party concerned requests a new witness to appear at the hearing or for new evidence to be admitted，the hearing proceedingsmay be suspended and/ or adjourned to a later date.
A separate noticemay be issued to specify the time of an adjourned hearing.
Article 43 The records of a hearing，along with the documents stipulated in Article 27 hereof，shall be reported to the superior authority.
Chapter Ⅴ Adm inistrative Penalty Filing Procedures
Article 44 All legal documents and relevantmaterials relating to an administrative penalty case shall be filed in the following order in a timelymanner:
(1)the cover of the case file;
(2)the table of contents;
(3)the case filing approval;
(4)the written penalty ruling(or other written ruling);
(5)the case closure report;
(6)the investigation notes;
(7)the administrative penalty opinion(original);
(8)the acknowledgement of receipt from the party concerned;
(9)the records of the hearing;
(10)the records of other discussions;
(11)the preservation registration forms;
(12)the records of enforcement action;
(13)the property disposal documents;
(14)the other relevantmaterials;and
(15)the back cover of the case file.
The relevant materials for a case shall be filed in accordance with the immediately preceding paragraph even where no administrative penalty ruling has been rendered or where the investigation was inconclusive for the time being and thus no ruling could be rendered.
Article 45 Theremust be a separate file for each administrative penalty case，which shall be signed and sealed by the person preparing it.
Without authorization，no person may add or removematerials from a file.A filemay not be accessed without permission.
Article 46 An“Administrative Penalty Report”shall be completed for administrative penalty cases relating to radio，film and television，which shall be filed with the administrative authorities at the next-higher level at the end of each quarter.
Chapter Ⅵ Legal Liabilities
Article 47 Where an administrative penalty has been imposed in violation of these rules，the higher-level administrative authority shall order rectification.Serious cases shall be resolved in accordance with the relevant provisions of the Administrative Penalty Law.
Article 48 Where an administrative penalty has been imposed in violation of the laws，regulations and these rules resulting in the awarding of administrative compensation，the person directly responsible and the person in charge shall be subject to administrative punishment or shall bear all or part of the cost of compensation，depending on the gravity of the circumstances.
Article 49 Where，due to a dereliction of duty on the part of law enforcement personnel，unlawful conduct that should have been halted and penalized was not halted or penalized，and this disrupted the administration of radio，film and television or caused the legitimate rights and interests of citizens，legal persons and other organizations to be exposed to harm then，depending on the gravity of the circumstances，such personnel shall be subject to administrative punishment.Where the circumstances are so severe as to constitute a crime，criminal liability shall be imposed in accordance with the law.
Chapter Ⅶ Supplementary Provisions
Article 50 Legal documents under these rules，such as the acknowledgement of receipt and the written penalty ruling and the“Administrative Penalty Report”，shall be produced uniform ly in the form stipulated by the Ministry of Radio，Film and Television.
Article 51 These rules shall take effect as of the date of their promulgation.