Law of the People's Republic of China on Public Security Administration Punishments (2025 Revision)
Order
of the President of the People's Republic of China
(No. 49)
The Law of the People's Republic of China on Public Security Administration
Punishments, as revised and adopted at the 16th Session of the Standing
Committee of the Fourteenth National People's Congress of the People's Republic
of China on June 27, 2025, is hereby issued with effect from January 1, 2026.
Xi Jinping, President of the People's Republic of China
June 27, 2025
Law of the People's Republic of China on Public Security Administration
Punishments
(Adopted at the 17th Session of the Standing Committee of the Tenth National
People's Congress on August 28, 2005, amended in accordance with the Decision
to Amend the Law of the People's Republic of China on Public Security
Administration Punishments adopted at the 29th Session of the Standing
Committee of the Eleventh National People's Congress on October 26, 2012, and
revised at the 16th Session of the Standing Committee of the Fourteenth
National People's Congress on June 27, 2025)
Table of Contents
Chapter I General Provisions
Chapter II Types and Application of Punishments
Chapter III Violations of Public Security Administration and Punishments
Section 1 Acts Disrupting Public Order and Punishments
Section 2 Acts Endangering Public Security and Punishments
Section 3 Acts Infringing upon Personal Rights or Property Rights and
Punishments
Section 4 Acts Impeding Social Administration and Punishments
Chapter IV Punishment Procedures
Section 1 Investigation
Section 2 Decision
Section 3 Execution
Chapter V Law Enforcement Supervision
Chapter VI Supplemental Provisions
Chapter I General Provisions
Article 1 This Law is enacted in
accordance with the Constitution for the purposes of maintaining the order of
public security, safeguarding public security, protecting the lawful rights and
interests of citizens, legal persons, and other organizations, and regulating
and guaranteeing the performance of public security administration duties by
public security authorities and their police officers in accordance with the
law.
Article 2 The administration of
public security shall uphold the leadership of the Communist Party of China and
adhere to comprehensive governance.
People's governments at all levels shall strengthen the comprehensive
governance of public security and take effective measures to prevent and
resolve social conflicts and disputes, enhance social harmony, and maintain
social stability.
Article 3 Whoever disrupts the
public order, endangers public security, infringes upon personal rights or property
rights, or impedes social administration shall be held criminally liable if the
violation is harmful to the society and constitutes a crime in accordance with
the provisions of the Criminal Law of the People's Republic of China; and
shall be punished by the public security authority in public security
administration in accordance with this Law if the violation is not serious
enough for a criminal punishment.
Article 4 The procedures for
imposing public security administration punishments shall be governed by this
Law. For any matters not prescribed by this Law, the relevant provisions of the Administrative Sanctioning Law of the People's Republic of China and the Administrative Compulsion Law of the People's Republic of China shall apply.
Article 5 This Law shall apply to
the violations of public security administration committed within the territory
of the People's Republic of China, except as otherwise specially provided for
by any law.
This Law shall apply to the violations of public security administration
committed on vessels and aircraft of the People's Republic of China, except as
otherwise specially provided for by any law.
This Law shall apply to the violations of public security administration that
are committed on foreign vessels and aircraft and over which 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 Public security
administration punishments shall be based on facts and be commensurate with the
facts, nature, and circumstances of, and degree of social harm caused by, the
violations of public security administration.
Public security administration punishments shall be imposed in an open and
impartial manner, human rights shall be respected and safeguarded, and the
personal dignity of citizens shall be protected.
Public security cases shall be handled under the principle of combining
education with punishment, laws and reasons shall be fully interpreted, and
citizens, legal persons, or other organizations shall be educated to
voluntarily abide by laws.
Article 7 The public security
department of the State Council shall be responsible for public security
administration throughout the country. The public security authorities of local
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 department of the State Council.
Article 8 Where any violation of
public security administration causes damage to any other person, the violator
or his or her guardian shall, in addition to being subject to public security
administration punishment in accordance with this Law, bear civil liability in
accordance with the law.
If any violation of public security administration constitutes a crime and the
offender shall be held criminally liable in accordance with the law, public
security administration punishment may not be imposed in lieu of criminal
punishment.
Article 9 With regard to the
violations of public security administration, such as fighting and damaging or
destroying the property of any other person caused by civil disputes, if the
circumstances are relatively minor, the public security authority may handle
the matter through mediation.
When handling public security cases through mediation, the facts shall be
ascertained, the principles of legality, impartiality, voluntariness, and
timeliness shall be followed, and attention shall be paid to education and
persuasion, to promote the resolution of conflicts and disputes.
If the parties reach an agreement through mediation by the public security
authority, no punishment shall be imposed. If no agreement is reached through
mediation or an agreement has been reached but not been performed, the public
security authority shall handle the violation of public security administration
in accordance with the provisions of this Law and inform the parties that they
may legally file a civil lawsuit with the people's court regarding the civil
dispute.
For a public security case falling within the scope of mediation specified in
paragraph 1, no punishment shall be imposed on the violator if the parties
reach a settlement on their own or reach an agreement through mediation by the
people's mediation committee and have it performed before the public security
authority makes a handling decision, and the written application has been
recognized by the public security authority.
Chapter II Types and Application of Punishments
Article 10 The public security
administration punishments are classified into:
(1) warning;
(2) fine;
(3) administrative detention; and
(4) revocation of the license issued by the public security authority.
For a foreigner who commits any violation of public security administration,
ordering the violator to leave the country within a prescribed time limit or
deportation may additionally apply.
Article 11 The drugs, pornographic
items, and other illegal items, gambling devices, gambling stakes, devices used
for taking or injecting drugs, and all the instruments owned and directly used
by the person for committing any violation of public security administration
that are seized in handling a public security case shall be confiscated and
disposed of in accordance with relevant provisions.
The property obtained from the commission of the violation of public security
administration shall be recovered and returned to the victim; and if there is
no victim, shall be registered in archives and sold by open auction or disposed
of in accordance with the relevant provisions issued by the state, and the
proceeds therefrom shall be turned over to the state treasury.
Article 12 Where a person who has
attained the age of 14 but under the age of 18 commits any violation of public
security administration, the person shall be given a lighter or mitigated
punishment. If a person who is under the age of 14 commits any violation of public
security administration, no punishment shall be imposed on him or her, but his
or her guardian shall be ordered to subject him or her to strict discipline.
Article 13 Where a person with mental
illness or a person with intellectual disability commits any violation of
public security administration when he or she is unable to recognize or control
his or her behavior, no punishment shall be imposed on him or her, but his or
her guardian shall be ordered to strengthen custody and management and give him
or her medical treatment. A person with intermittent psychotic episodes shall
be punished if he or she commits any violation of public security
administration when he or she is in a normal mental state. If a person with mental
illness or a person with intellectual disability who has not completely lost
his or her ability to recognize or control his or her behavior commits any
violation of public security administration, the person shall be punished, but
a lighter or mitigated punishment may be given.
Article 14 A blind or a deaf and mute
person who commits any violation of public security administration may be given
a lighter or mitigated punishment or may be exempted from punishment.
Article 15 An intoxicated person who
commits any violation of public security administration shall be punished.
If any intoxicated person in a state of intoxication may cause danger to
himself or herself or threaten any other person's personal or property safety
or public security, protective measures shall be taken to restrain him or her
until he or she sobers up.
Article 16 Where a person commits two
or more violations of public security administration, decisions shall be made
separately, but punishments shall be executed concurrently. The maximum time
period for the concurrently executed punishments of administrative detention
shall not exceed 20 days.
Article 17 Where two or more persons
jointly commit a violation of public security administration, they shall be
punished respectively based on their respective roles in the violation.
Whoever instigates, coerces, or induces any other person to commit any
violation of public security administration shall be punished according to the
act committed as a result of his or her instigation, coercion, or inducement.
Article 18 Where an entity commits
any violation of public security administration, the directly liable person in
charge of the entity and other directly liable persons shall be punished in
accordance with the provisions of this Law. If any other law or administrative
regulation prescribes that the punishment shall be imposed on an entity for the
same violation, the entity shall be punished in accordance with the provisions
of such a law or administrative regulation.
Article 19 The act of stopping an
ongoing illegal infringement which causes damage does not constitute a
violation of public security administration and shall not be punished. If the
act of stopping evidently exceeds the limits of necessity and causes
considerable damage, a punishment shall be imposed on the violator in
accordance with the law, but a mitigated punishment shall be given. If the
circumstances are relatively minor, no punishment shall be imposed on the
violator.
Article 20 Where the violation of
public security administration falls under any of the following circumstances,
the violator shall be given a lighter or mitigated punishment or be exempted
from punishment:
(1) The circumstances are minor.
(2) The violator has taken the initiative to eliminate or mitigate the
consequences of the violation.
(3) The violator has obtained the forgiveness of the victim.
(4) The violator is forced or induced by any other person to commit the
violation.
(5) The violator voluntarily surrenders and truthfully makes a statement on his
or her illegal conduct to the public security authority.
(6) The violator has performed meritorious service.
Article 21 A violator of public
security administration may be given a lenient punishment in accordance with
the law if he or she voluntarily and truthfully states his or her illegal
conduct to the public security authority, admits the facts of his or her
illegal conduct, and is willing to accept the punishment.
Article 22 Where the violation of
public security administration falls under any of the following circumstances,
the violator shall be given a heavier punishment:
(1) Any relatively serious consequence has been caused.
(2) The violator instigates, coerces, or induces any other person to commit the
violation of public security administration.
(3) The violator retaliates against the reporting party, accuser, informant, or
witness.
(4) The violator has been subject to any public security administration
punishment within one year.
Article 23 Where a violator of public
security administration falls under any of the following circumstances,
although he or she shall be given a punishment of administrative detention in
accordance with this Law, the punishment of administrative detention shall not
be executed:
(1) The violator has attained the age of 14 but is under the age of 16.
(2) The violator has attained the age of 16 but is under the age of 18, and the
violation of public security administration is committed for the first time.
(3) The violator is over 70 years old.
(4) The violator is pregnant or breastfeeding her baby who is under one year
old.
If the circumstances of the violation of public security administration
committed by the violator specified in subparagraph (1), (2), or (3) of the
preceding paragraph are serious and the effects are adverse, or if the violator
specified in subparagraph (1) or (3) commits any violation of public security
administration twice or more within one year, it shall not be subject to the
restriction specified in the preceding paragraph.
Article 24 Where a minor is exempt
from punishment in accordance with the provisions of Article 12 of this Law or
is exempt from the punishment of administrative detention in accordance with
the provisions of Article 23 of this Law, the public security authority shall
take corresponding correction and education and other measures in accordance
with the provisions of the Law of the People's Republic of China on the Prevention of Juvenile
Delinquency.
Article 25 Where any violation of
public security administration has not been found by the public security
authority within six months, no punishment shall be imposed on the violator.
The time period specified in the preceding paragraph shall be calculated from
the date when the violation of public security administration is committed; and
if the violation of public security administration is in a consecutive or
continuous state, the time period shall be calculated from the date when the
violation ends.
Chapter III Violations of Public Security
Administration and Punishments
Section 1 Acts Disrupting Public Order and
Punishments
Article 26 Whoever commits any of the
following conduct shall be warned or fined not more than 500 yuan; and if the
circumstances are relatively serious, shall be detained for not less than five
days nor more than 10 days and may be fined not more than 1,000 yuan:
(1) Disrupting the order of any authority, group, enterprise, or public
institution, thus making it impossible for the work, production, business
operation, medical services, teaching, or scientific research to proceed
normally without causing any serious loss.
(2) Disrupting the order of any station, port, dock, airport, shopping mall,
park, exhibition hall, or any other public place.
(3) Disrupting the order on any public bus, trolleybus, urban rail transit
vehicle, train, ship, aircraft, or other means of public transport.
(4) Illegally intercepting or forcibly boarding or holding on to any motor
vehicle, ship, aircraft, or other means of transport, thus affecting the normal
operation of the means of transport.
(5) Disrupting the order of any election conducted in accordance with the law.
If a crowd is gathered to commit any of the conduct as mentioned in the
preceding paragraph, the ringleader shall be detained for not less than 10 days
nor more than 15 days and may be fined not more than 2,000 yuan.
Article 27 Where a person commits any
of the following conduct during a national examination prescribed by laws and
administrative regulations, thus disrupting the order of the examination, the
person shall be fined not less than one time nor more than five times the
amount of illegal proceeds, and if there are no illegal proceeds therefrom or
the illegal proceeds are less than 1,000 yuan, shall be fined not less than
1,000 yuan nor more than 3,000 yuan; and if the circumstances are relatively
serious, shall be detained for not less than five days nor more than 15 days.
(1) Organizing cheating.
(2) Providing any cheating device or other assistance for any other person to
organize cheating.
(3) Illegally selling or providing examination questions or answers to any
other person in order to cheat in the examination.
(4) Taking the examination on behalf of any other person or having any other
person take the examination on his or her behalf.
Article 28 Whoever commits any of the
following conduct to disrupt the order of any sports, cultural, or any other large-scale
public activity shall be warned or fined not more than 500 yuan; and if the
circumstances are serious, shall be detained for not less than five days nor
more than 10 days and may be fined not more than 1,000 yuan:
(1) Forcibly entering the venue.
(2) Setting off fireworks, firecrackers, or other items in the venue in
violation of relevant provisions.
(3) Displaying any insulting slogan, banner, or other item.
(4) Besieging any referee, athlete, or other staff member.
(5) Throwing debris into the venue and refusing to be stopped.
(6) Other acts that disrupt the order of large-scale public activities.
A person who is subject to the punishment of detention for disrupting the order
of a sports competition or cultural performance may, at the same time, be
ordered not to enter a sports venue or performance venue to watch the same type
of competitions or performances for six months to one year. A person who enters
a sports venue or performance venue in violation of the provisions shall be
forcibly removed from the scene and may be detained for not more than five days
or be fined not more than 1,000 yuan.
Article 29 Whoever commits any of the
following conduct shall be detained for not less than five days nor more than
10 days and may be fined not more than 1,000 yuan; and if the circumstances are
relatively minor, shall be detained for not more than five days or be fined not
more than 1,000 yuan:
(1) Intentionally disrupting the public order by intentionally spreading any
rumor, falsely reporting any dangerous situation, epidemic disease, disaster,
or police situation, or by other means.
(2) Disrupting the public order by throwing any false explosive, toxic,
radioactive, or corrosive substance, infectious disease pathogen, or other
hazardous substance.
(3) Disrupting the public order by threatening to set fire, set off explosions,
throw hazardous substances, or commit any other criminal act that endangers
public security.
Article 30 Whoever commits any of the
following conduct shall be detained for not less than five days nor more than
10 days or be fined not more than 1,000 yuan; and if the circumstances are
relatively serious, shall be detained for not less than ten days nor more than
15 days and may be fined not more than 2,000 yuan:
(1) Gang fighting or assaulting any other person at will.
(2) Chasing or intercepting any other person.
(3) Taking or demanding forcibly, or destroying, damaging, or occupying at will
public or private property.
(4) Other acts of picking fights and troubles that disturb any other person
without any cause or disrupt the social order.
Article 31 Whoever commits any of the
following conduct shall be detained for not less than 10 days nor more than 15
days and may be fined not more than 2,000 yuan; and if the circumstances are
relatively minor, shall be detained for not less than five days nor more than
10 days and may be fined not more than 1,000 yuan:
(1) Arranging for, instigating, coercing, inducing, or inciting any other
person to carry out activities of any cult or superstitious sect or secret
society, illegal religious activities, or disrupting the social order or
impairing the physical health of any other person by using any cult
organization, superstitious sect, or secret society, or superstitious activity.
(2) Engaging in activities that disrupt the social order or impairing the
physical health of any other person under the guise of any religion or Qigong.
(3) Making or spreading items, information, or materials with the content of
any cult organization, superstitious sect, or secret society.
Article 32 Whoever commits any of the
following conduct in violation of the provisions issued by the state shall be
detained for not less than five days nor more than 10 days; and if the
circumstances are serious, shall be detained for not less than 10 days nor more
than 15 days.
(1) Intentionally interfering with the normal operation of radio services.
(2) Causing harmful interference to any normally operating radio station, and
refusing to take effective measures to eliminate the interference after being
reminded by the appropriate authority.
(3) Setting up any radio broadcasting station, communication base station, or
any other radio station without approval, or illegally using or occupying radio
frequencies to engage in illegal activities.
Article 33 Whoever commits any of the
following conduct shall be detained for not more than five days if any damage
has been caused; and if the circumstances are relatively serious, shall be
detained for not less than five days nor more than 15 days:
(1) In violation of the provisions issued by the state, intruding into a
computer information system or obtaining the data stored, processed, or
transmitted in a computer information system, or exercising illegal control
over a computer information system by other technical means.
(2) In violation of the provisions issued by the state, deleting, altering,
adding, or interfering with the functions of a computer information system.
(3) In violation of the provisions issued by the state, deleting, altering, or
adding the data and applications stored, processed, or transmitted in a
computer information system.
(4) Internationally producing or spreading any computer virus or other
destructive programs.
(5) Providing programs or tools specially used for intruding into or illegally
controlling a computer information system, or providing programs or tools to
any other person, although knowing that such a person is committing the illegal
or criminal conduct of intruding into or illegally controlling a computer
information system.
Article 34 Whoever organizes or leads
pyramid sale activities shall be detained for not less than 10 days nor more
than 15 days; and if the circumstances are relatively minor, shall be detained
for not less than five days nor more than 10 days.
Whoever coerces or induces others to participate in pyramid sale activities
shall be detained for not less than five days nor more than 10 days; and if the
circumstances are relatively serious, shall be detained for not less than 10
days nor more than 15 days.
Article 35 Whoever commits any of the
following conduct shall be detained for not less than five days nor more than
10 days or be fined not less than 1,000 yuan nor more than 3,000 yuan; and if
the circumstances are relatively serious, shall be detained for not less than
10 days nor more than 15 days and may be fined not more than 5,000 yuan:
(1) Intentionally engaging in any activities contrary to the theme and
atmosphere of celebration, commemoration, memorial, public memorial, or other
important activities held by the state in the venues where such important
activities are held and the surrounding controlled areas and disregarding
dissuasion, causing an adverse social impact.
(2) Engaging in activities that damage the environment and atmosphere for
commemorating heroes and martyrs within the protected area of memorial
facilities for heroes and martyrs, disregarding persuasion, or occupying,
damaging, or defiling the memorial facilities for heroes and martyrs.
(3) Infringing upon the name, portrait, reputation, or honor of any hero or
martyr by insulting, defaming, or other means, causing damage to the public
interest.
(4) Desecrating or denying the deeds and spirit of any hero or martyr, or
producing, disseminating, or spreading speeches, pictures, audio and video
recordings, or other items that advocate or glorify wars of aggression or acts
of aggression, thereby disrupting the public order.
(5) Wearing or forcing others to wear in public places clothes or signs that
advocate or glorify wars of aggression or acts of aggression, and disregarding
dissuasion, causing an adverse social impact.
Section 2 Acts Endangering Public Security and
Punishments
Article 36 Whoever, in violation of
the provisions issued by the state, produces, trades in, stores, transports,
mails, carries, uses, provides, or disposes of any explosive, toxic,
radioactive, or corrosive substance, infectious disease pathogen, or other
hazardous substance shall be detained for not less than 10 days nor more than
15 days; and if the circumstances are relatively minor, shall be detained for
not less than five days nor more than 10 days.
Article 37 Where any explosive,
toxic, radioactive, or corrosive substance, infectious disease pathogen, or
other hazardous substance is stolen, robbed, or lost and no report is filed as
required, the violator shall be detained for not more than five days; and if the
violator intentionally conceals the relevant information, the violator shall be
detained for not less than five days nor more than 10 days.
Article 38 Whoever illegally carries
any gun, ammunition, crossbow, dagger, or other controlled device prescribed by
the state shall be detained for not more than five days and may be fined not
more than 1,000 yuan; and if the circumstances are relatively minor, shall be
warned or fined not more than 500 yuan.
Whoever illegally carries any gun, ammunition, crossbow, dagger, or other
controlled device prescribed by the state into a public place or means of
public transport shall be detained for not less than five days nor more than 10
days and may be fined not more than 1,000 yuan.
Article 39 Whoever commits any of the
following conduct shall be detained for not less than ten days nor more than 15
days; and if the circumstances are relatively minor, shall be detained for not
more than five days:
(1) Stealing, damaging, or destroying oil and gas pipeline facilities, electric
power and telecommunications facilities, radio and television facilities, water
conservancy engineering facilities, public water supply facilities, highways
and their affiliated facilities, or hydrological monitoring, measurement,
meteorological forecasting, ecological and environmental monitoring, geological
monitoring, earthquake monitoring, or other public facilities, thereby
endangering public security.
(2) Moving, damaging, or destroying any boundary marker or boundary post along
the national border or any other border marker or border facilities, or
benchmark marking facilities for territorial land or territorial sea.
(3) Illicitly conducting any activity that may affect the direction of the
national border (boundary) line or building any facilities that may obstruct
national border (border area) administration.
Article 40 Whoever steals, damages,
or moves without authorization any aviation facilities in use, or forcibly
enters the cockpit of any aircraft shall be detained for not less than 10 days
nor more than 15 days.
Whoever uses any device or tool that may affect the normal functions of the
navigation system on an aircraft in use and disregards persuasion shall be
detained for not more than five days or fined not more than 1,000 yuan.
Whoever steals, damages, or moves without authorization the facilities or
equipment of other means of public transport in use, or interferes with the
normal operation of the means of public transport by forcibly controlling the
driving control device, pulling or assaulting the driver, or other methods
shall be detained for not more than five days or fined not more than 1,000
yuan; and if the circumstances are relatively serious, shall be detained for
not less than five days nor more than 10 days.
Article 41 Whoever commits any of the
following conduct shall be detained for not less than five days nor more than
ten days, and may be fined not more than 1,000 yuan; and if the circumstances
are relatively minor, shall be detained for not more than five days or be fined
not more than 1,000 yuan:
(1) Stealing, damaging, destroying, or moving without authorization any railway
or urban rail transit facilities, equipment, locomotive fittings, or safety
signs.
(2) Placing obstacles on railway or urban rail transit lines or intentionally
throwing items at trains.
(3) Digging pits, quarrying stones and extracting sand along railway lines,
urban rail transit lines, bridges, tunnels, or culverts.
(4) Privately setting up road junctions or level crossings on railway or urban
rail transit lines.
Article 42 Whoever enters the railway
or urban rail transit protective net without authorization, or walks, sits, or
lies down on a railway or urban rail transit line when a train or urban rail
transit train is approaching, rushes across the railway or urban rail transit
line, thereby endangering traffic safety, shall be warned or fined not more
than 500 yuan.
Article 43 Whoever commits any of the
following conduct shall be detained for not more than five days or be fined not
more than 1,000 yuan; and if the circumstances are serious, shall be detained
for not less than ten days nor more than 15 days and may be fined not more than
1,000 yuan:
(1) Installing or using any power grid without approval, or installing or using
any power grid in noncompliance with safety requirements.
(2) Failing to place any cover, fence, or warning sign for a pit, well, ridge,
or hole in a construction site where vehicles and pedestrians pass, or
intentionally damaging, destroying, or moving the cover, fence, or warning
sign.
(3) Stealing, damaging, or destroying public facilities, such as well lids and
lighting devices on a road.
(4) Releasing ascending items carrying open flames in violation of the
provisions of relevant laws and regulations, posing a risk of fire accidents,
and disregarding persuasion.
(5) Throwing items from buildings or other heights, posing a danger to the
personal safety of any other person, the safety of public or private property,
or public security.
Article 44 Whoever holds any sports,
cultural, or large-scale mass activities in violation of relevant provisions,
posing a risk of safety accidents, and refuses to take corrective action or is
unable to take corrective action after being ordered by the public security
authority to do so shall be ordered to stop such activities and evacuate
immediately. The di......