第四条行政处罚遵循公正、公开的原则。
Article 4 Administrative penalty shall be imposed in adherence to the principles of fairness and openness.
设定和实施行政处罚必须以事实为依据,与违法行为的事实、性质、情节以及社会危害程度相当。
Creation and imposition of administrative penalty shall be based on facts and shall be in correspondence with the facts, nature and seriousness of the violations of law and damage done to society.
对违法行为给予行政处罚的规定必须公布;未经公布的,不得作为行政处罚的依据。
Regulations on administrative penalty to be imposed for violations of law must be published; those which are not published shall not be taken as the basis for administrative penalty.
第五条实施行政处罚,纠正违法行为,应当坚持处罚与教育相结合,教育公民、法人或者其他组织自觉守法。
Article 5 In imposing administrative penalty and setting to rights illegal acts, penalty shall be combined with education, so that citizens, legal persons and other organizations shall become aware of the importance of observing law.
公民、法人或者其他组织因行政机关违法给予行政处罚受到损害的,有权依法提出赔偿要求。
Citizens, legal persons and other organizations that have suffered damage due to administrative penalty imposed by administrative organs in violation of law shall have the right to demand compensation in accordance with law.
第七条公民、法人或者其他组织因违法受到行政处罚,其违法行为对他人造成损害的,应当依法承担民事责任。
Article 7 Citizens, legal persons and other organizations that are subjected to administrative penalty because of their violations of law shall, in accordance with law, bear civil liability for damage done to others by their illegal acts.
(七)法律、行政法规规定的其他行政处罚。
(7) others as prescribed by laws and administrative rules and regulations.
第十条行政法规可以设定除限制人身自由以外的行政处罚。
Article 10 Administrative penalties, with the exception of restricting freedom of person, may be created by administrative rules and regulations.
第十一条地方性法规可以设定除限制人身自由、吊销企业营业执照以外的行政处罚。
Article 11 Administrative penalties, with the exception of restriction of freedom of person and rescission of business license of an enterprise, may be created in local regulations.
国务院可以授权具有行政处罚权的直属机构依照本条第一款、第二款的规定,规定行政处罚。
The State Council may authorize the departments directly under it that have the power of administrative penalty to formulate provisions on administrative penalty in accordance with the first and second paragraph of this Article.
第十四条除本法第九条、第十条、第十一条、第十二条以及第十三条的规定外,其他规范性文件不得设定行政处罚。
Article 14 No administrative penalties shall be created in any other regulatory documents in addition to the ones as stipulated in Articles 9, 10, 11, 12 and 13 of this Law.
第十五条行政处罚由具有行政处罚权的行政机关在法定职权范围内实施。
Article 15 Administrative penalty shall be imposed by administrative organs that have the power of administrative penalty within the scope of their statutory functions and powers.
第十七条法律、法规授权的具有管理公共事务职能的组织可以在法定授权范围内实施行政处罚。
Article 17 Organizations that are authorized by laws and regulations to exercise the power of administering public affairs may impose administrative penalty within the scope of their powers as authorized by law.
委托行政机关对受委托的组织实施行政处罚的行为应当负责监督,并对该行为的后果承担法律责任。
The entrusting administrative organ shall be responsible for supervising the imposition of administrative penalty by the entrusted organization and shall bear legal responsibility for the consequences of the imposition.
第十九条受委托组织必须符合以下条件:
Article 19 The organization to be entrusted shall meet the following conditions:
(二)具有熟悉有关法律、法规、规章和业务的工作人员;
(2) to be staffed with personnel who are familiar with relevant laws, regulations and rules and are experienced in the work; and
(三)对违法行为需要进行技术检查或者技术鉴定的,应当有条件组织进行相应的技术检查或者技术鉴定。
(3) to have the conditions for organizing and conducting the technical tests or technical appraisal that are needed for testing or appraising illegal acts.
第二十一条对管辖发生争议的,报请共同的上一级行政机关指定管辖。
Article 21 If a dispute arises over jurisdiction between administrative organs, the matter shall be reported to their common administrative organ at the next higher level for designation of jurisdiction.
第二十二条违法行为构成犯罪的,行政机关必须将案件移送司法机关,依法追究刑事责任。
Article 22 If an illegal act constitutes a crime, the administrative organ must transfer the case to a judicial organ for investigation of criminal responsibility according to law.
第二十三条行政机关实施行政处罚时,应当责令当事人改正或者限期改正违法行为。
Article 23 When enforcing an administrative penalty, the administrative organ shall order the party to put right his illegal acts or to do so within a time limit.
第二十四条对当事人的同一个违法行为,不得给予两次以上罚款的行政处罚。
Article 24 For the same illegal act committed by a party, the party shall not be given an administrative penalty of fine for more than once.
(一)主动消除或者减轻违法行为危害后果的;
(1) he has taken the initiative to eliminate or lessen the harmful consequences occasioned by his illegal act;
(二)受他人胁迫有违法行为的;
(2) he has been coerced by another to commit the illegal act;
(四)其他依法从轻或者减轻行政处罚的。
(4) he is under other circumstances for which he shall be given a lighter or mitigated administrative penalty in accordance with law.