Order of the President of the People’s Republic of China
No. 18
The Decision of the Standing Committee of the National People’s Congress on Revising Certain Laws, adopted at the 10th Meeting of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on August 27, 2009, is hereby promulgated and shall come into effect as of the date of promulgation.
Hu Jintao
President of the People’s Republic of China
August 27, 2009
Decision of the Standing Committee of the National People’s Congress on Revising Certain Laws
(adopted at the 10th Meeting of the Standing Committee of the Eleventh National People’s Congress on August 27, 2009)
At its 10th Meeting, the Standing Committee of the Eleventh National People’s Congress made the following decisions:
I. Provisions of the following laws shall be revised that are clearly inadaptable to the socialist market economy and the requirements for social development.
1. Article 7 of the General Rules of the Civil Law of the People’s Republic of China shall be revised to read, “In civil activities, social morality shall be respected, the interest of the public shall not be harmed and socio-economic order shall not be disrupted.”
Subparagraph (6) of the first paragraph of Article 58 shall be deleted.
2. The fourth paragraph of Article 2, Article 23, the First Paragraph of Article 35 and Article 55 of the Law of the People’s Republic of China on Industrial Enterprises Owned by the Whole People shall be deleted.
3. Article 47 of the Law of the People’s Republic of China on Physical Culture and Sports shall be deleted.
4. The third paragraph of Article 57 and Article 59 of the Education Law of the People’s Republic of China shall be deleted.
5. Article 52 of the Flood Control Law of the People’s Republic of China shall be deleted.
II. Provisions on “expropriation” in the following laws and interpretation of the laws shall be revised.
(A) “Expropriation” in the following laws and interpretation of the laws shall be revised as “levy and expropriation.
6. Article 18 of the Forestry Law of the People’s Republic of China
7. Article 12 of the Law of the People’s Republic of China on the Protection of Military Installations
8. Article 48 of the Law of the People’s Republic of China on National Defense
9. Article 13 of the Law of the People’s Republic of China on the Protection of the Rights and Interests of Returned Overseas Chinese and the Family Members of Overseas Chinese
10. Articles 16 and 59 of the Law of the People’s Republic of China on Land Contract in Rural Areas
11. Articles 38, 39 and 63 of the Grassland Law of the People’s Republic of China
12. Articles 381 and 410 of the Criminal Law of the People’s Republic of China
13. The interpretation by the Standing Committee of the National People’s Congress on the Second Paragraph of Article 93 of the Criminal Law of the People’s Republic of China
14. The interpretation by the Standing Committee of the National People’s Congress on Articles 228, 342, 410 of the Criminal Law of the People’s Republic of China
(B) “Expropriation” in the following laws shall be revised as “levy” 15. Article 14 of the Fisheries Law of the People’s Republic of China
16. Article 36 of the Railway Law of the People’s Republic of China
17. Article 9 of the Law of the People’s Republic of China on the Administration of Urban Real Estate
18. Article 16 of the Electric Power Law of the People’s Republic of China
19. Article 20 of the Law of the People’s Republic of China on the Coal Industry
20. Article 30 of the Administrative Reconsideration Law of the People’s Republic of China
21. Article 71 of the Agriculture Law of the People’s Republic of China III. Provisions on criminal responsibility of the following laws shall be revised.
(A) Phrases with “in accordance with(or according to) the provisions of Article X of the Criminal Law” or “In the light of the provisions of Article X of the Criminal Law” in the following laws shall be revised as “in accordance with the relevant provisions of the Criminal Law”.
22. Article 29 of the Metrology Law of the People’s Republic of China
23. Articles 39 40, 43, 44 and 48 of the Mineral Resources Law of the People’s Republic of China
24. Article 22 of the Frontier Health and Quarantine Law of the People’s Republic of China
25. Articles 62 and 63 of the Law of the People’s Republic of China on Industrial Enterprises Owned by the Whole People
26. Articles 32 and 37 of the Law of the People’s Republic of China on the Protection of Wildlife
27. Article 29 of the Law of the People’s Republic of China on Assemblies, Processions and Demonstrations
28. Articles 33 and 34 of the Law of the People’s Republic of China on the Protection of Military Installations
29. Articles 60, 64 and 65 of the Railway Law of the People’s Republic of China
30. Articles 42 and 43 of the Law of the People’s Republic of China on the Quarantine of Animals and Plants on Entry and Exit
31. Article 39 of the Law of the People’s Republic of China on Deputies to the National People’s Congress and to the Local People’s Congresses at Various Levels 32. Articles 46 and 47 of the Law of the People’s Republic of China on Safety in Mines
33. Articles 26, 27 and 32 of the State Security Law of the People’s Republic of China
34. Article 36 of the Teachers Law of the People’s Republic of China
35. Article 15 of the Law of the People’s Republic of China on the Red Cross Society
36. Article 92 of the Labor Law of the People’s Republic of China
37. Article 36 of the Law of the People’s Republic of China on Maternal and Infant Healthcare
38. Articles 194, 196, 198 and 199 of the Civil Aviation Law of the People’s Republic of China
39. Articles 71, 72 and 74 of the Electric Power Law of the People’s Republic of China
40. Article 61 of the Law of the People’s Republic of China on Administrative Penalty
41. Articles 40, 42 and 43 of the Law of the People’s Republic of China on Control of Guns
42. Articles 78 and 79 of the Law of the People’s Republic of China on the Coal Industry
(B) Provisions of the following laws that cite decisions on the punishment of crimes which had been incorporated into the Criminal Law and which had been abolished shall be revised as “in accordance with relevant provisions of the Criminal Law”
43. Article 31 of the Law of the People’s Republic of China on the Protection of Wildlife
44. Article 35 of the Law of the People’s Republic of China on the Protection of Military Installations
45. Article 69 of the Railway Law of the People’s Republic of China
46. Articles 40 and 42 of the Law of the People’s Republic of China on Tobacco Monopoly
47. Article 191 of the Civil Aviation Law of the People’s Republic of China
(C) Provisions on “(illicit) speculation” and “crime of (illicit) speculation” in the following laws shall be deleted and revised.
48. Article 28 of the Metrology Law of the People’s Republic of China shall be revised to read, “Whoever manufactures, sells or uses measuring instruments for the purpose of deceiving consumers shall have his measuring instruments and unlawful income confiscated and he shall concurrently be punished by a fine. If the circumstances are serious, the individual or the person in the entity who is directly responsible shall be subject to criminal responsibility pursuant to the relevant provisions of the Criminal Law.”
49. The second paragraph of Article 35 of the Law of the People’s Republic of China on the Protection of Wildlife shall be revised to read, “If a party sells or purchases wildlife under special State protection or the products thereof in violation of the provisions of this Law, and where the circumstances are so serious as to constitute a crime, he shall be subject to criminal responsibility pursuant to relevant provisions of the Criminal Law.”
50. Article 70 of the Railway Law of the People’s Republic of China shall be revised to read, “A railway worker who takes advantage of his office to engage in smuggling, or colludes with another in smuggling shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.”
51. The first paragraph of Article 38 of the Law of the People’s Republic of China on Tobacco Monopoly shall be revised to read, “A party who profiteers in tobacco monopoly goods such that it constitutes a crime shall be subject to criminal responsibility in accordance with the law; where the circumstances are minor and do not constitute a crime, the administrative department for industry and commerce shall confiscate the profiteered tobacco monopoly goods and the illegal income derived therefrom and may impose a fine concurrently.”
(D) Specific provisions on the imposition of criminal responsibility in the following laws shall be revised.
52. Article 16 of the Law of the People’s Republic of China on the Control of the Exit and Entry of Citizens shall be revised to read, “If a state functionary who is responsible for implementing this Law, takes advantage of the power and authority invested in his office to extort and accept bribes, or engages in other acts that are illegal or that neglects his duties, where circumstances are so serious as to constitute a crime, he shall be subject to criminal responsibility pursuant to the law.”
53. Article 61 of the Railway Law of the People’s Republic of China shall be revised to read, “A party who intentionally damages or moves a railway signaling installation, or places some obstacles on the railway track that would cause a train to overturn shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.”
Article 62 shall be revised to read, “A party who steals some part or component of a train operating facility on a railway line or an equipment on the railway line thus endangering the safe operation of the train shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.”
Article 63 shall be revised to read, “The main instigator and the core members who assemble a crowd to intercept or block a train, or attack a railway traffic control office without paying heed to the order to stop shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.”
Article 66 shall be revised to read, “A party who resells a passenger train ticket illegally such that it constitutes a crime shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law. A railway employee who resells passenger train tickets illegally or colludes with another to resell passenger train tickets illegally shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.”
54. Article 39 of the Law of the People’s Republic of China on Tobacco Monopoly shall be revised to read, “A party who forges, alters, or buys or sells the licenses provided by this Law such as that for a tobacco monopoly production enterprise, or a tobacco monopoly business as well as transportation permits shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.
“Employees of a tobacco monopoly administration department and those of a tobacco company who take advantage of their office to commit crimes specified in the preceding paragraph shall be subject to a heavier punishment in accordance with the law.”
55. The second paragraph of Article 71 of the Law of the People’s Republic of China on the Administration of Urban Real Estate shall be revised to read, “Employees of a real estate administration department or land administration department who take advantage of their office to extort the property of another or to illegally accept the property of another to seek gains for the said other such that it constitutes a crime shall be subject to criminal responsibility in accordance with the law; that which does not constitute a crime shall be subject to administrative sanctions.”
56. Article 192 of the Civil Aviation Law of the People’s Republic of China shall be revised to read, “A party who uses violence towards the personnel on board a civil aircraft during flight thus endangering flight safety shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.”
The first paragraph of Article 193 shall be revised to read, “A party who, in violation of the provisions of this Law, carries concealed explosives, detonator or other dangerous articles while flying on a civil aircraft or uses the name of non-dangerous articles to check in dangerous articles for shipment shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.”
The third paragraph shall be revised to read, “A party who carries concealed firearms and bullet as well as knives under control while flying on a civil aircraft shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.”
Article 195 shall be revised to read, “A party who intentionally places dangerous articles in a civil aircraft in operation or abets another to place dangerous articles, sufficient to damage the said civil aircraft and thus endangering flight safety shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.”
Article 197 shall be revised to read, “A party who steals or intentionally damages, or moves the navigation facilities in operation thus endangering flight safety such that the civil aircraft in operation is in danger of falling or damage shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.”
57. Article 39 of the Law of the People’s Republic of China on Control of Guns shall be revised to read, “In violation of the provisions of this Law, a party who manufactures, buys and sells or transport guns without authorization shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.
“Entities with conduct as specified in the preceding paragraph shall be fined and the person in charge who is directly responsible thereof and other directly responsible personnel shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.”
Article 41 shall be revised to read, “A party who, in violation of the provisions of this Law, illegally possesses or conceals guns, or illegally transports or carries guns into or out of the territory of China shall be subject to criminal responsibility in accordance with relevant provisions of the Criminal Law.”
58. The first paragraph of Article 62 of the Military Service Law of the People’s Republic of China shall be revised to read, “An active serviceman who refuses to perform his duties or deserts the armed forces for the purpose of evading military service shall be sanctioned in accordance with the provisions of the Central Military Commission, and if it constitutes a crime, he shall be subject to criminal responsibility in accordance with the law.”
IV. Provisions on administrative penalties for public security in the following laws and in relevant decisions on legal issues shall be revised.
(A) The following laws and relevant decisions on legal issues that cite the Regulations on Administrative Penalties for Public Security shall be revised as the Law on Administrative Penalties for Public Security.
59. Article 64 of the Military Service Law of the People’s Republic of China
60. Articles 41 and 48 of the Mineral Resources Law of the People’s Republic of China
61. Article 39 of the Law of the People’s Republic of China on the Protection of Wildlife
62. Articles 28 and 32 of the Law of the People’s Republic of China on Assemblies, Processions and Demonstrations
63. Article 67 of the Railway Law of the People’s Republic of China
64. Article 37 of the Law of the People’s Republic of China on Water and Soil Conservation
65. Article 41 of the Law of the People’s Republic of China on Tobacco Monopoly
66. Article 51 of the Trade Union Law of the People’s Republic of China
67. Article 69 of the Law of the People’s Republic of China on Product Quality
68. Article 52 of the Law of the People’s Republic of China on the Protection of Consumer Rights and Interests
69. Articles 51 to 53 of the Law of the People’s Republic of China on Physical Culture and Sports
70. Article 200 of the Civil Aviation Law of the People’s Republic of China
71. Article 70 of the Electric Power Law of the People’s Republic of China
72. Article 42 of the Law of the People’s Republic of China on Administrative Penalty
73. Article 76 of the Law of the People’s Republic of China on the Coal Industry
74. Articles 46 and 48 of the Law of the People’s Republic of China on Protection of the Rights and Interests of the Elderly 75. Article 50 of the Civil Air Defense Law of the People’s Republic of China
76. Articles 61, 62 and 64 of the Flood Control Law of the People’s Republic of China
77. Article 40 of the Law on Licensed Doctors of the People’s Republic of China
78. Article 94 of the Law of the People’s Republic of China on Work Safety
79. Article 72 of the Water Law of the People’s Republic of China
80. Articles 2 and 3 of the Decision of the Standing Committee of the National People’s Congress on Punishment of Criminals for the Smuggling, Manufacture, Sale and Distribution of Pornographic Materials
81. Article 4 of the Decision of the Standing Committee of the National People’s Congress on Severe Punishment of Criminals for the Abduction and Sale and Kidnapping of Women and Children
82. Article 6 of the Decision of the Standing Committee of the National People’s Congress on Preserving Computer Network Security
(B) Specific provisions on administrative penalties for public security in the following laws and relevant decisions on legal issues shall be revised.
83. The first paragraph of Article 64 of the Law of the People’s Republic of China on Industrial Enterprises Owned by the Whole People shall be deleted.
The second paragraph shall be revised to read, “A party who disrupts the order of an enterprise such that production, business operations or work fails to proceed normally, if such action does not result in severe loss, shall be punished in accordance with the provisions of the Law of the People’s Republic of China on Administrative Penalties for Public Security by the local public security organ at the place where the enterprise is domiciled.”
84. The second paragraph of Article 33 of the Law of the People’s Republic of China on the Protection of Wildlife shall be revised to read, “A party who, in violation of the provisions of this Law, hunts wildlife with a gun without a license for the gun shall be punished in accordance with the provisions of Article 32 of the Law on Administrative Penalties for Public Security by the public security organ.”
85. “Shall be punished in the light of the provisions of Article 19 of the Regulations on Administrative Penalties for Public Security” in Articles 32, 33 and 34 of the Law of the People’s Republic of China on the Protection of Military Installations shall be revised to read “Provisions on punishment in Article 23 of the Law of the People’s Republic of China on Administrative Penalties for Public Security shall be applicable”.
86. Article 19 of the Law of the People’s Republic of China on the National Flag shall be revised to read, “A party who desecrates the National Flag of the People’s Republic of China by intentionally burning, damaging, scrawling on, defiling or trampling in a public place shall be subject to criminal responsibility in accordance with the law; where the circumstances are relatively minor, the offender shall be detained for a maximum of 15 days by the public security organ.”
87. Article 13 of the Law of the People’s Republic of China on the National Emblem shall be revised to read, “A party who desecrates the National Emblem of the People’s Republic of China by intentionally burning, damaging, scrawling on, defiling or trampling in a public place shall be subject to criminal responsibility in accordance with the law; where the circumstances are relatively minor, the offender shall be detained for a maximum of 15 days by the public security organ.” 88. “Shall be punished in accordance with the provisions of Article 19 of the Regulations of Administrative Penalties for Public Security” in the third paragraph of Article 39 of Law of the People’s Republic of China on Deputies to the National People’s Congress and to the Local People’s Congresses at Various Levels shall be revised to read “Provisions on punishment in Article 50 of the Law of the People’s Republic of China on Administrative Penalties for Public Security shall be applicable”.
89. “Shall be punished in the light of the provisions of Article 19 of the Regulations on Administrative Penalties for Public Security” in the second paragraph of Article 15 of the Law of the People’s Republic of China on the Red Cross Society shall be revised to read “Provisions on punishment in Article 50 of the Law of the People’s Republic of China on Administrative Penalties for Public Security shall be applicable”.
90. Article 83 of the Highway Law of the People’s Republic of China shall be revised to read, “A party who obstructs road construction or urgent repair to roads such that the road construction or urgent repair fails to proceed normally, if severe damage has not ensued, shall be punished in accordance with the provisions of the Law of the People’s Republic of China on Administrative Penalties for Public Security.
“A party who damages roads or moves without authorization, road signs such that traffic safety may be affected but not enough to be subjected to criminal punishment shall be punished in accordance with Article 99 of the Law of the People’s Republic of China on Road Traffic Safety.
“A party who rejects or obstructs road supervisory and inspection personnel from carrying out their duties in accordance with the law but who has not resolved to use of violence or intimidation shall be punished in accordance with the provisions of the Law of the People’s Republic of China on Administrative Penalties for Public Security.”
91. “Shall be punished in accordance with the provisions of Article 30 of the Regulations on Administrative Penalties for Public Security” in Articles 3 and 4 of the Decision of the Standing Committee of the National People’s Congress on the Strict Prohibition of Prostitution and Whoring” shall be revised to read “Shall be punished in accordance with the provisions of the Law of the People’s Republic of China on Administrative Penalties for Public Security”.
V. The following laws that cite other names of the laws or where provisions of articles do no correspond shall be revised.
92. The “Regulations for the Military Service of Officers of the People’s Liberation Army of China” in Article 27 of the Military Service Law of the People’s Republic of China shall be revised as “Law of the People’s Republic of China on Officers in Active Service and Reserve Officers Law of the People’s Republic of China”.
93. The “City Planning Law of the People’s Republic of China” in the second paragraph of Article 35 of the Meteorology Law of the People’s Republic of China shall be revised as “Law of the People’s Republic of China on Urban and Rural Planning”.
94. Article 2 of Regulations of the People’s Republic of China on the Police Ranks of the People’s Police shall be revised to read, “A system of police ranks shall be practiced for the people’s police.” 95. “The second paragraph of Article 217 of the Civil Procedure Law” in Article 63 of the Arbitration Law of the People’s Republic of China shall be revised as “The second paragraph of Article 213 of the Civil Procedure Law”; “The first paragraph of Article 260 of the Civil Procedure Law” in Articles 70 and 71 shall be revised as “The first paragraph of Article 258 of the Civil Procedure Law”.
This Decision shall come into effect as of the date of promulgation.