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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 Revision of Some Laws has been passed at the 10th session of the Standing Committee of the 11th National People’s Congress of the People’s Republic of China on August 27, 2009, which is hereby promulgated. It enters into force on the date of promulgation.
President of the People’s Republic of China Hu Jintao
August 27, 2009
Decision of the Standing Committee of the National People’s Congress on Revision of Some Laws
(Adopted at the 10th session of the Standing Committee of the 11th National People’s Congress on Aug. 27, 2009)
The 10th session of the Standing Committee of the 11th National People’s Congress decides:
I. Revisions shall be made to the provisions of the following laws, which are obviously inadaptable to the development of the socialistic market economy and society.
1. Article 7 of the General Principles of Civil Law shall be revised as: “In civil activities, everyone shall respect social morality and shall not impair public interests or disturb social and economic order.”
Article 58.1.6 shall be repealed.
2. Paragraph 4 of Article 2, Article 23, Paragraph 1 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Article 55 of the Law of the People’s Republic of China on Industrial Enterprises Owned by the Whole People shall be repealed.
3. Article 47 of the Law of the People’s Republic of China on Physical Culture and Sports shall be repealed.
4. Paragraph 3 of Article 57 and Article 59 of the Education Law of the People’s Republic of China shall be repealed.
5. Article 52 of the Flood Control Law of the People’s Republic of China shall be repealed.
II. Revisions shall be made to the provisions concerning “requisition” in the following laws and interpretations to laws.
(I) The “requisition” in the following laws and interpretations to laws shall be revised as “expropriation and requisition”
6. Article 18 of the Forest Law of the People’s Republic of China
7. Article 12 of the Law of the People’s Republic of China on Protection of Military Installations
8. Article 48 of the National Defense Law of the People’s Republic of China
9. Article 13 of the Law of the People’s Republic of China on Protection of the Rights and Interests of Returned Overseas Chinese and Their Family Members
10. Article 16 and Article 59 of the Law of the People’s Republic of China on Land Contract in Rural Areas
11. Article 38, Article 39 and Article 63 of the Grassland Law of the People’s Republic of China
12. Article 381 and Article 410 of the Criminal Law of the People’s Republic of China
13. Interpretations of the Standing Committee of the National People’s Congress to Paragraph 2 of Article 93 of the Criminal Law of the People’s Republic of China
14. Interpretations of the Standing Committee of the National People’s Congress to Article 228, Article 342 and Article 410 of the Criminal Law of the People’s Republic of China
(II) The “expropriation” in the following laws shall be revised as “requisition”
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 Urban Real Estate Administration
18. Article 16 of the Electric Power Law of the People’s Republic of China
19. Article 20 of the Coal Law of the People’s Republic of China
20. Article 30 of the Administrative Reconsideration Law of the People’s Republic of China
21. Article 71 of the Agricultural Law of the People’s Republic of China
III. Revisions shall be made to the provisions concerning criminal responsibilities in the following laws
(I) The provisions of “in accordance with Article X of the Criminal Law” and “by reference to Article X of the Criminal Law” shall be revised as “in accordance with the relevant provisions of the Criminal Law”
22. Article 29 of the Metrological Law of the People’s Republic of China
23. Article 39, Article 40, Article 43, Article 44 and Article 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. Article 62 and Article 63 of the Law of the People’s Republic of China on Industrial Enterprises Owned by the Whole People
26. Article 32 and Article 37 of the Wildlife Conservation Law of the People’s Republic of China
27. Article 29 of the Law of the People’s Republic of China on Assemblies, Processions and Demonstrations
28. Article 33 and Article 34 of the Law of the People’s Republic of China on Protection of Military Installations
29. Article 60, Article 64 and Article 65 of the Railway Law of the People’s Republic of China
30. Article 42 and Article 43 of the Law of the People’s Republic of China on Entry and Exit Animal and Plant Quarantine
31. Article 39 of the Law of the People’s Republic of China on Representatives of the National People’s Congress and Local People’s Congress
32. Article 46 and Article 47 of the Mine Safety Law of the People’s Republic of China
33. Article 26, Article 27 and Article 32 of the National 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 Health Care
38. Article 194, Article 196, Article 198 and Article 199 of the Civil Aviation Law of the People’s Republic of China
39. Article 71, Article 72 and Article 74 of the Electric Power Law of the People’s Republic of China
40. Article 61 of the Administrative Penalties Law of the Peoples’ Republic of China
41. Article 40, Article 42 and Article 43 of the Law of the People’s Republic of China on the Control of Firearms
42. Article 78 and Article 79 of the Coal Law of the People’s Republic of China
(II) The provisions of the decisions concerning punishment of crimes which are incorporated into the criminal law yet repealed that are quoted in the following laws shall be revised as “in accordance with the relevant provisions of the criminal law”.
43. Article 31 of the Wildlife Conservation Law of the People’s Republic of China
44. Article 35 of the Law of the People’s Republic of China on Protection of Military Installations
45. Article 69 of the Railway Law of the People’s Republic of China
46. Article 40 and Article 42 of the Tobacco Monopoly Law of the People’s Republic of China
47. Article 191 of the Civil Aviation Law of the People’s Republic of China
(III) The provisions concerning “speculation” and “crime of speculation” shall be repealed and revisions shall be made accordingly.
48. Article 28 of the Metrological Law of the People’s Republic of China shall be revised as “Where any individual or entity manufactures, sells or uses measuring instruments for the purpose of deceiving consumers, his/its measuring instruments and illegal gains shall be confiscated and fines shall be imposed on him/it; in case of any serious circumstances, the individual or the person directly liable of the entity shall be prosecuted for his/its criminal responsibilities in accordance with the relevant provisions of the criminal law.”
49. Paragraph 2 of Article 35 of the Wildlife Conservation Law of the People’s Republic of China shall be revised as: “Where any individual or entity sells or purchases of any wildlife under major protection of the State or products thereof in violation of the provisions herein, in case of any serious circumstances where any crime is constituted, he/it shall be prosecuted for his/its criminal responsibilities in accordance with the relevant provisions of the criminal law.”
50. Article 70 of the Railway Law of the People’s Republic of China shall be revised as: “Where any railway worker takes advantage of his or her office to engage in smuggling or collaborate with any other person in smuggling, he/she shall be prosecuted for his/her criminal responsibilities in accordance with the relevant provisions of the criminal law.”
51. Paragraph 1 of Article 38 of the Tobacco Monopoly Law of the People’s Republic of China shall be revised as: “Where any individual or entity speculates in tobacco monopoly commodities, if any crime is constituted, he/it shall be prosecuted for his/its criminal responsibilities; if the circumstance is not so serious as to constitute any crime, the administration for industry and commerce shall confiscate his/its tobacco monopoly commodities and illegal gains and impose fines on him/it.”
(IV) Revisions shall be made to the specific provisions on prosecution for criminal responsibilities in the following laws.
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 as: “Where any state functionary charged with implementing this Law takes advantage of his/her position and power to extort and accept bribes, or has any other illegal practice or neglects his/her duty, if the circumstances are serious enough to constitute any crime, he/she shall be prosecuted for his/her criminal responsibilities according to law.”
53. Article 61 of the Railway Law of the People’s Republic of China shall be revised as: “Any individual who intentionally damages or destroys or causes to move or shift any railway signaling installations, or places on the railway track obstacles that might lead to the overturning of a train shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law.”
Article 62 shall be revised as: “Any individual who steals parts or components of a train operation facility installed on a railway line or equipment or materials attached to a railway line and hence endanger safe operation of trains shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law.”
Article 63 shall be revised as: “The major culprit and the core members of a group who gather to intercept or block the way of a train or strike the railway operation dispatching organs and pay no heed to the order to stop shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law.”
Article 66 shall be revised as: “Any individual who resells railway passenger ticket for profit and constitutes any crime shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law. Any railway worker who resells passenger tickets for profit or collaborates with other persons in reselling passenger tickets for profit shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law.”
54. Article 39 of the Tobacco Monopoly Law of the People’s Republic of China shall be revised as: “Any individual or entity forges, alters or sells any of the licenses and transport permits including the tobacco monopoly production enterprise license and tobacco monopoly business license as prescribed in this Law shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law.
“Any staff or employee of the competent tobacco monopoly administrations and tobacco companies take advantage of his/her position and power to constitute any of the aforesaid crimes shall be subject to more severe punishments.”
55. Paragraph 2 of Article 71 of the Law of the People’s Republic of China on Urban Real Estate Administration shall be revised as: “Any employee of the real estate administration or the land administration who takes advantage of his/her position and power to extort other’s property or illegally accept other’s property to seek profits for the person and constitutes any crime shall be prosecuted for criminal responsibilities. If no crime has been constituted, administrative punishment shall be imposed on him/her.”
56. Article 192 of the Civil Aviation Law of the People’s Republic of China shall be revised as: “Any individual who uses force on the persons aboard a civil aircraft in flight which imperils air safety shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law.”
Paragraph 1 of Article 193 shall be revised as: “Any individual who carries explosives, detonators or hazardous substances in a concealed way boarding on a civil aircraft, or consigns transport of dangerous cargoes in the name of non-dangerous items in violation of provisions herein shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law.”
Paragraph 3 shall be revised as: “Any individual who carries firearms, ammunition and controlled knives in a concealed way in boarding on a civil aircraft shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law.”
Article 195 shall be revised as: “Any individual who intentionally places or instigates others to place hazardous articles on civil aircraft in use enough to destroy the aircraft and imperil air safety shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law.”
Article 197 shall be revised as: “Any individual who steals or intentionally damages or destroys or moves aviation equipment in use which endangers air safety and is enough to cause falling or wrecking of the civil aircraft shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law.
57. Article 39 of the Law of the People’s Republic of China on the Control of Firearms shall be revised as: “Any individual that, in violation of the provisions herein, manufactures, trades in or transports guns without license shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law.
“Any entity that has any of the aforesaid practices shall be fined and the persons who are directly in charge of entity and others directly liable shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law.
Article 41 shall be revised as: “Any individual who, in violation of the provisions herein, illegally possesses or conceals guns or illegally transports or carries guns to exit or entry of China shall be prosecuted for criminal responsibilities in accordance with the relevant provisions of the criminal law.”
58. Paragraph 1 of Article 62 of the Conscription Law shall be revised as: “Any soldier in active service who refuses to perform his duties or gets away from his army for the purpose of escaping performance of military service shall be punished in accordance with the provisions of the Military Commission of the Central Committee; and those who constitute any crime shall be prosecuted for criminal responsibilities.”
IV. Revisions shall be made to the provisions concerning security administration punishment in the following laws and decisions on the relevant legal issues
(I) The “regulations on security administration punishments” quoted in the following laws and decisions concerning the relevant legal issues shall be revised as “law on security administration punishments”
59. Article 64 of the Conscription Law of the People’s Republic of China
60. Article 41 and Article 48 of the Mineral Resources Law of the People’s Republic of China
61. Article 39 of the Wildlife Conservation Law of the People’s Republic of China
62. Article 28 and Article 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 Soil and Water Conservation
65. Article 41 of the Tobacco Monopoly Law of the People’s Republic of China
66. Article 51 of the Trade Union Law of the People’s Republic of China
67. Article 69 of the Product Quality Law of the People’s Republic of China
68. Article 52 of the Consumer Protection Law of the People’s Republic of China
69. Article 51 to Article 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 Administrative Penalties Law of the People’s Republic of China
73. Article 76 of the Coal Law of the People’s Republic of China
74. Article 46 and Article 48 of the Law of the People’s Republic of China on Protection of the Rights and Interests of the Aged
75. Article 50 of the Civil Air Defense Law of the People’s Republic of China
76. Article 61, Article 62 and Article 64 of the Flood Control Law of the People’s Republic of China
77. Article 40 of the Practicing Physicians Law of the People’s Republic of China
78. Article 94 of the Law of the People’s Republic of China on Safety in Production
79. Article 72 of the Water Law of the People’s Republic of China
80. Article 2 and Article 3 of the Decision of the Standing Committee of the National People’s Congress on Punishment of Criminals Who Smuggle, Produce, Sell and Disseminate Pornographic Articles
81. Article 4 of the Decision of the Standing Committee of the National People’s Congress on Severe Punishment of Criminals who Abduct and Traffic in or Kidnap Women or Children
82. Article 6 of the Decision of the Standing Committee of the National People’s Congress on Protection of Internet Security
(II) Revisions shall be made to the specific provisions concerning security administration punishments in the following laws and decisions on the relevant legal issues.
83. Paragraph 1 of Article 64 of the Law of the People’s Republic of China on Industrial Enterprises Owned by the Whole People shall be repealed.
Paragraph 2 shall be revised as: “Any individual who disturbs the order of the enterprise, thereby making it impossible for production, business operation and work to go on smoothly, but has not caused serious losses shall be punished by the public security organ in the place where the enterprise is located in accordance with the provisions of the Law of the People’s Republic of China on Security Administration Punishments.”
84. Paragraph 2 of Article 33 of the Wildlife Conservation Law of the People’s Republic of China shall be revised as: “Any individual who hunts wildlife with guns without gun license in violation of provisions herein shall be punished in accordance with Article 32 of the Law of the People’s Republic of China on Security Administration Punishments.”
85. The provision of “by reference to the provisions of Article 19 of the Regulations on Security Administration Punishments” as prescribed in Article 32, Article 33 and Article 34 of the Law of the People’s Republic of China on Protection of Military Installations shall be revised as “subject to the provisions on punishments as prescribed in Article 23 of the Law of the People’s Republic of China on Security Administration Punishments”.
86. Article 19 of the Law of the People’s Republic of China on National Flag shall be revised as: “Any individual who desecrates the national flag of the People’s Republic of China by publicly and willfully burning, mutilating, scrawling on, defiling or trampling upon it shall be prosecuted for criminal responsibilities; if the offence is relatively minor, he shall be detained for no more than 15 days by the public security organ.”
87. Article 13 of the Law of the People’s Republic of China on National Emblem shall be revised as: “Any individual who desecrates the national emblem of the People’s Republic of China by publicly and willfully burning, mutilating, scrawling on, defiling or trampling upon it shall be prosecuted for criminal responsibilities; if the offence is relatively minor, he shall be detained for no more than 15 days by the public security organ.”
88. The provision of “in accordance with the provisions of Article 19 of the Regulations on Security Administration Punishments” as prescribed in Paragraph 3 of Article 39 of the Law of the People’s Republic of China on Representatives of the National People’s Congress and Local People’s Congress shall be revised as “subject to the provisions on punishment as prescribed in Article 50 of the Law of the People’s Republic of China on Security Administration Punishments”.
89. The provision of “by reference to the provisions of Article 19 of the Regulations on Security Administration Punishments” as prescribed in Paragraph 2 of Article 15 of the Law of the People’s Republic of China on the Red Cross Society shall be revised as “subject to the provisions on punishment as prescribed in Article 50 of the Law of the People’s Republic of China on Security Administration Punishments”.
90. Article 83 of the Highway Law of the People’s Republic of China shall be revised as: “Where any individual obstruct road construction or rush repairs to roads, causing road construction or rush repair cannot proceed normally, but does not cause serious losses, he may be punished in accordance with the Law of the People’s Republic of China on Security Administration Punishments.
“Where any individual damages roads or moves road signs without authorization which may affect traffic safety, but insufficient to merit criminal sanctions, he shall be punished in accordance with Article 99 of the Law of the People’s Republic of China on Road Traffic Safety.
“Where any individual rejects or obstructs road monitoring and investigation personnel to carry out their duties, which does not involve use of force or threats, he shall be punished in accordance with the Law of the People’s Republic of China on Security Administration Punishments.
91. The provision of “in accordance with provisions of Article 30 of the Regulations on Security Administration Punishments” as prescribed in Article 3 and Article 4 of the Decision of the Standing Committee of the National People’s Congress on Strict Prohibition against Prostitution and Whoring shall be revised as “in accordance with the provisions of the Law of the People’s Republic of China on Security Administration Punishments”.
V. Revisions shall be made to the provisions of the following laws which quote laws with wrong names or provisions with wrong articles
92. The “regulations on military service of the PLA military officers” in Article 27 of the Conscription Law of the People’s Republic of China shall be revised as “Law of the People’s Republic of China on Officers on the Active List and the Law of the People’s Republic of China on Reserve Officers”.
93. The “City Planning Law of the People’s Republic of China” in Paragraph 2 of Article 35 of the Law of the People’s Republic of China on Meteorological Services shall be revised as the City and Country Planning Law of the People’s Republic of China”.
94. Article 2 of the Regulations of the People’s Republic of China on the Police Ranks of the People’s Police shall be revised as “People’s police are subject to the police rank system”.
95. The “Paragraph 2 of Article 217 of the Civil Procedural Law” in Article 63 of the Arbitration Law of the People’s Republic of China shall be revised as the “Paragraph 2 of Article 213 of the Civil Procedural Law”; and “Paragraph 1 of Article 260 of the Civil Procedural Law” in Article 70 and Article 71 shall be revised as “Paragraph 1 of Article 258 of the Civil Procedural Law”.
This Decision enters into force on the date of promulgation.
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