Translation: Provisions on Procedures for Administrative Law Enforcement by Cyberspace Departments (Draft for Comment)


November 20, 2022

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November 20, 2022

This translation is by Jamie P. Horsley. It is based on but substantially revised from the English translation of the 2017 Regulations for Internet Content Management Administration Law Enforcement Procedures, available here

Editor’s note: The translation has not been edited to conform to DigiChina style, and it deviates from house conventions in one prominent respect. DigiChina usually translates the term 网信 wǎngxìn as “cybersecurity and informatization,” treating it as a short form of 网络安全和信息化 wǎngluò ānquán hé xìnxīhuà. This translation renders it as “cyberspace,” following the official but non-literal translation used by the Cyberspace Administration of China’s Communist Party parent entity, the “Central Cyberspace Affairs Commission” (as the organization calls itself in English) or, as DigiChina has called it using a literal translation, the “Central Commission for Cybersecurity and Informatization” (中央网络安全和信息化委员会).

Chinese-language original:

Archived copy:

Provisions on Procedures for Administrative Law Enforcement by Cyberspace Departments (Draft for Comment)

Chapter I: General Provisions

Article 1. These Provisions are formulated to standardize responsibilities of cyberspace departments and ensure that they are carried out in accordance with the law, they protect the legitimate rights and interests of citizens, legal persons, and other organizations, they uphold national security and the public interest, and they are in accordance with such laws and administrative regulations as the Administrative Punishment Law of the People’s Republic of China, the Cybersecurity Law of the People’s Republic of China, the Data Security Law of the People’s Republic of China, and the Personal Information Protection Law of the People’s Republic of China.

Article 2. When cyberspace departments carry out administrative law enforcement in accordance with the law, and impose administrative punishments for violations of the law, these Provisions shall apply.

The term “cyberspace departments” as used in these Provisions refers to the Cyberspace Administration of China and local cyberspace administrations.

Article 3. Administrative punishment implemented by cyberspace departments should follow the principles of fairness and openness, and persist in combining punishment and education; the facts shall be clear, the evidence conclusive, the basis applied correct, the procedures lawful, and the punishments appropriate; and the law enforcement documents used shall be standardized.

Article 4. Cyberspace departments shall establish an administrative law enforcement supervision system.

Higher-level cyberspace departments shall supervise lower-level cyberspace departments’ implementation of administrative law enforcement.

Article 5. Cyberspace departments should strengthen the building of law enforcement teams and law enforcement capabilities, and establish and improve the training, examination and assessment, qualification management, and employment certification systems for law enforcement personnel.

Law enforcement personnel should participate in the cyberspace departments’ organized legal and operational knowledge training, undergo administrative law enforcement qualification examination and assessment certification, and have received law enforcement credentials before engaging in law enforcement work.

Law enforcement credentials shall be uniformly made and issued jointly by the national cyberspace department, or issued by cyberspace departments of authorized provinces, autonomous regions, or directly administered municipalities.

Article 6. Cyberspace departments and their law enforcement personnel should keep confidential the state secrets, commercial secrets, and personal private information they learn in the course of law enforcement.

Article 7. Law enforcement personnel should recuse themselves under any of the following circumstances; the parties also have the right to request recusal of law enforcement personnel:

(1) If they are a party or close relative of a party in the case;

(2) If they have a direct interest in the case;

(3) If they have other relationships with the case that might influence the fairness of the law enforcement.

The responsible persons of cyberspace departments shall decide if law enforcement personnel should be recused. Prior to the recusal decision, the personnel whose recusal has been requested shall not halt their investigation of the case.

Chapter II: Jurisdiction

Article 8. Administrative punishments shall fall under the jurisdiction of the cyberspace department in the place where the violation occurs. If laws, administrative regulations, or departmental rules provide otherwise, such provisions shall be followed.

The place where the violation occurs includes the relevant location of the service license or record filing of the network operator that committed the violation, the principal place of business, place of commercial registration (if the place of commercial registration is inconsistent with principal place of business, use the principal place of business), the legal person domicile, the location of the website platform founder, manager or user, where the network was accessed, and the location of computer and other terminals and equipment.

Article 9. Cyberspace departments at the level of districted city and below shall according to their authority have jurisdiction over internet information content, cybersecurity, data security and personal information protection administrative punishment cases in the administrative area in which they are located.

Provincial, autonomous regional, and directly administered municipal cyberspace departments shall, according to their authority, have jurisdiction over major and complex internet information content, cybersecurity, data security, and personal information protection administrative punishment cases in the administrative area in which they are located.

The national cyberspace department shall, according to its authority, have jurisdiction over its own administrative punishment cases and major and complex internet information content, cybersecurity, data security, and personal information protection administrative punishment cases of national scope.

Article 10. In instances where two or more cyberspace departments have jurisdiction over the same violation of the party (parties), the first cyberspace department to file the case will have jurisdiction. 

In instances where jurisdiction between two or more cyberspace departments is disputed, the matter should be resolved through consultation. If consultation fails, the matter should be reported to the higher-level cyberspace department common to both to designate jurisdiction; jurisdiction can also be directly designated by the common higher-level cyberspace department.

Article 11. When a higher-level cyberspace department deems it necessary, it may directly handle a case under the jurisdiction of a lower-level cyberspace department, and may also transfer a case under their jurisdiction to lower-level cyberspace departments’ jurisdiction. If laws, regulations, and rules clearly provide that the case should be under the jurisdiction of the higher-level cyberspace department, the higher-level cyberspace department may not hand over the case to the lower-level cyberspace department.

If a lower-level cyberspace department cannot exercise jurisdiction due to special reasons, it may report the matter to a higher-level cyberspace department to take jurisdiction or to designate jurisdiction.

Article 12. If a cyberspace department finds that a case does not belong under its jurisdiction, it should promptly transfer the case to the cyberspace department with jurisdiction.

The cyberspace department to which the case has been transferred should in a timely manner report the results of the investigation and handling of the case to the transferring cyberspace department; if the transfer is not considered to be appropriate, the matter should be reported to the higher-level cyberspace department common to both to designate jurisdiction, and may not be transferred again on one’s own accord.

Article 13. After a higher-level cyberspace department receives a jurisdictional dispute or report requesting designation of jurisdiction, it should make a decision on the designated jurisdiction within 10 working days and notify the lower-level cyberspace department in writing.

Article 14. If a cyberspace department discovers that a case belongs to the jurisdiction of another administrative organ, it should be transferred to the relevant organ in accordance with the law.

If a cyberspace department discovers violations and suspects a crime, the matter should be promptly transferred to the judicial organs. If the judicial organ decides to file a case, the cyberspace department should, within three working days from the date of receipt of the notice of filing the case by the judicial organ, transfer the case-related materials to the judicial organ and handle transfer procedures.

Cyberspace department should strengthen coordination and cooperation with judicial organs, establish and improve the case transfer system, strengthen the transfer and receipt of evidentiary materials, and improve the case handling information notification mechanism.

Article 15. Where the original licensing or approved department in accordance with law should make an administrative punishment decision such as license revocation, a cyberspace department should send evidence and relevant materials it obtained to the original licensing and approval department, which shall in accordance with law make a decision whether to revoke the license, etc.

Article 16. An administrative punishment consisting of a fine may not be imposed more than once for the same violation of law by a party. If the same violation contravenes several legal provisions, with each of them imposing afine on such act, the provision that imposes the heaviest fine shall apply.

Chapter III: Ordinary Administrative Punishment Procedures

Section 1. Filing the case

Article 17. Cyberspace departments shall promptly investigate and handle the following matters and fill in a case source registration form: 

(1) Leads for the case found in the course of supervision and inspection;

(2) Complaints, appeals, and reports from natural persons, legal persons, and other organizations; 

(3) Cases assigned by higher level organs or reported by lower level organs for investigation;

(4) Cases transferred from relevant organs;

(5) Cases found through other means or channels.

Article 18. Filing administrative punishments cases should meet the following conditions:

(1) There are acts suspected to violate laws, regulations, or rules;

(2) Administrative punishment shall be imposed in accordance with law;

(3) The matter falls within the department’s jurisdiction;

(4) It is within the statutory time period for the imposition of administrative penalties.

If these conditions are met, a case filing approval form should be filled out, relevant materials should be attached at the same time, and it should be reported within seven working days to the responsible person of the cyberspace department for approval to file the case, and two or more law enforcement personnel should be designated as persons undertaking the case. In special circumstances, the time for case filing may be extended to 15 working days.

If a case regarding a complaint, appeal, or report is not filed, after approval by the responsible person of the cyberspace department, the result should be notified to the named complainant, appellant, or reporting person, and a written record of the relevant circumstances for not filing the case shall be kept.

Where cases are transferred from other organs, if the decision is made not to file a case, the transferring organ should be notified in writing.

Where cases are not filed or the case filing is revoked, the persons undertaking the case should make an approval form for not filing a case or for revoking a case, and report it to responsible person of the cyberspace department for approval.

Section 2. Investigation and Evidence Collection

Article 19. Case investigation and evidence collection by cyberspace departments should be conducted by law enforcement personnel with law enforcement qualifications. The law enforcement personnel may not be less than two people, and they should proactively show their law enforcement credentials to the parties or relevant personnel. When necessary, professional personnel may be hired to assist.

The first time evidence is collected or acquired from the parties to the case, they should be informed of the right to request recusal of the law enforcement personnel.

In collecting or acquiring evidence from units and persons, they should be informed of their obligation to truthfully provide evidence. Those being investigated and other relevant persons should truthfully respond to questions as well as assist and cooperate with the investigation, and promptly provide relevant materials that should be retained in accordance with law such as network operator released information, user released information, and daily logs, and may not obstruct or interfere with the case investigation.

Article 20. Cyberspace departments that, in the course of the law enforcement, require assistance in investigating or evidence collection from another region’s cyberspace department should issue a letter of investigation entrustment. The entrusted cyberspace department should actively provide assistance and complete the relevant work within 15 working days from the date it received the letter of entrustment. If it is necessary to extend the period for completion or the department cannot assist, it should promptly notify the entrusting cyberspace department in writing.

Article 21. Law enforcement personnel should collect in accordance with the law evidence relating to the case, including documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, statements of the parties, expert opinions, inquiry transcripts and on-site disposition transcripts.

Electronic data refers to data that was formed during the course of the events related to the case and includes data that is stored, handled, or transmitted in digital form, and is able to prove the facts of the case, including but not limited to web pages, blogs, microblogs, instant messaging tools, forums, stickers, webs, email, network background, and other means of carrying electronic information or documents. Electronic data is mainly found in computer equipment, mobile communication equipment, Internet servers, mobile storage equipment, cloud storage systems, and other electronic equipment or storage media.

Audiovisual materials include recording materials and video materials.

Audio recordings or video materials stored in electronic media fall under the provisions for electronic evidence.

Article 22. Evidentiary materials obtained in accordance with the law in the course of investigation or supervision and inspection before filing a case may be used as evidence in the case. 

For a transferred case, the evidentiary materials collected through investigation by the transferring organ within its authority may be used as evidence of the case.

Evidence should comply with the provisions of laws, regulations, and rules on evidence, and only after verification can it be used as the basis for determining the facts of the case. Evidence obtained by illegal means may not be used as the basis for determining the facts of a case.

Article 23. Before filing a case, cyberspace departments may take measures such as questioning, inquiries, inspection, appraisal, and collecting evidence, but may not restrict the personal or property rights of the subject of the preliminary investigation.

After the case is filed, cyberspace departments may take measures to register and retain goods, facilities, and places in advance.

Article 24. When cyberspace departments question parties or relevant personnel, they should make a transcript of questioning, and indicate the time, place, relevant facts, events and other content. The transcript of questioning should be given to the object of questioning or relevant personnel for verification and confirmation.

Article 25. Cyberspace departments shall conduct inquiries and inspection of places, goods, and networks involved in cyber violations, and promptly collect and fix documentary evidence, physical evidence, audio-visual materials, and electronic data.

Article 26. Cyberspace departments may entrust judicial appraisal institutions to issue appraisal opinions on specialized issues in the case; for issues that do not fall within the scope of judicial appraisal, they may entrust a competent or qualified institution to issue a test report or inspection report.

Article 27. Cyberspace departments may obtain evidentiary materials from relevant units and individuals that can prove the facts of the case, and may take pictures, make video recordings, photocopy and copy as necessary.

Documentary and physical evidence should be obtained from the original copy or article. If the original copy or article is difficult to obtain, the relevant units or individuals that provide the evidence may affix their signature or official seal to duplicates, marked with the words, “This item is provided by × × × and is verified to be no different from the original copy (article)” or text to this effect, and mark the date and the source of the evidence, and affix the signature or seal.

Audio-visual materials and electronic data obtained should be from the original medium or backup media. If it is difficult to obtain evidence from the original medium or backup media, it is permitted to collect copies and clearly mark the collection method, time, and persons, etc. Audio materials should be accompanied by a written record of the audio content.

Article 28. Where the evidence may be lost or might be difficult to obtain after-the-fact, on the approval of cyberspace departments, law enforcement personnel may, in accordance with the law, register and preserve in advance computers, servers, hard disks, mobile storage devices, memory cards, and other goods suspected to be involved with illegal activity, and make a list of goods being registered and preserved and issue a notice of goods registered and preserved to the parties. During the advance registration and preservation period, the parties and relevant persons may not damage, destroy, or transfer the evidence.

When cyberspace departments implement advance registration and preservation, they should notify the parties or those holding the goods to be present, and record on the spot the relevant measures taken.

Article 29. Cyberspace departments should, within seven working days, make the following decisions on advance evidence registration and preservation:

(1) Where evidence preservation measures need to be taken, the evidence shall be returned after taking recording, copying, photographic, video and other evidence preservation measures;

(2) Where inspection, testing or appraisal is required, the evidence shall be sent to an institution with corresponding qualifications for inspection, testing and appraisal;

(3) Where the facts of the violation are established and the evidence should be confiscated in accordance with the law, an administrative punishment decision shall be made in accordance with statutory procedures, and the illegal items shall be confiscated;

(4) If the facts of a violation are not established, or they are established but confiscation should not be conducted in accordance with the law, the advance registration and preservation shall be cancelled.

If no decision is made within the time limit, the advance registration and preservation should be cancelled.

Article 30. In order to collect and preserve electronic data, cyberspace departments may take measures such as on-site evidence collection and remote evidence collection, and order relevant units and individuals to fix and submit evidence.

After on-site and remote evidence collection are completed, an electronic evidence collection record should be made.

Article 31. Law enforcement personnel shall, during the investigation and evidence collection, require the parties to sign, leave a fingerprint, affix a seal or otherwise confirm records or other materials. If a party refuses to appear or refuses to sign, inscribe, seal, or otherwise confirm, or if the party cannot be found, the reason shall be marked by two law enforcement officers on the record or other materials, and relevant persons invited to sign as a witness or cover seal; it is also allowed to take recording, video, etc., as a record.

Article 32. Cyberspace departments handling personal information protection cases may utilize administrative compulsory measures such as sealing and seizure. To take or lift sealing or seizure measures, a written report should be made to the principal responsible person of the cyberspace department and approval shall be obtained.

If the situation is urgent and it is necessary to take sealing or seizure measures on the spot, law enforcement personnel should report to the principal responsible person of the cyberspace department within 24 hours, and go through makeup approval procedures. If the principal responsible person of the cyberspace department believes that sealing up or seizure measures should not have been taken, they should be lifted immediately. 

Article 33. After the case investigation is closed, the person responsible for handling the case should write a case handling opinions report:

If a violation is considered to have been established and should be subject to administrative punishment, they should write a case handling opinion report and draft a recommendation of the proposed administrative punishment.

In any of the following situations, they should write a case handling opinion report explaining the reasons for the proposed handling, report to the responsible person of the cyberspace department for approval, and handle the matter according to the different circumstances:

(1) Facts of a violation have not been established, in which case administrative punishment should not be imposed;

(2) The circumstances of the violation were minor and were promptly rectified, without causing negative consequences, in which case administrative punishment shall not be imposed;

(3) It is a first-time violation of the law and the harmful consequences were minor and promptly rectified, in which case administrative punishment shall not be imposed;

(4) The parties have sufficient evidence to prove there was no subjective fault, in which case administrative punishment shall not be imposed. If laws and administrative regulations provide otherwise, such provisions shall be followed;

(5) The case is not under the jurisdiction of that organ and should be transferred to the jurisdiction of other administrative organs;

(6) A crime is suspected, and the case should be transferred to the judicial organs.

Article 34. While cyberspace departments are conducting a case investigation, if the facts already proving a violation have been established, they should order rectification or rectification within a time period of the violation.

Section 3. Hearings and Interviews

Article 35. Before making the following administrative punishment decisions, the cyberspace department should inform the parties that they have the right to request a hearing. If a party requests a hearing, it should submit it within five working days after being informed, and the cyberspace department should organize a hearing. A party shall be deemed to have waived the right if it fails to request a hearing within the time period:

(1) To impose a relatively large fine;

(2) To confiscate a relatively large amount of illegal gains or confiscate illegal property of relatively large value;

(3) To lower qualification levels or revoke licenses;

(4) To order suspension of production and business, order to close down, or order restrictions on employment;

(5) Other relatively major administrative punishments;

(6) Other circumstances prescribed by laws, regulations and rules.

Article 36. The cyberspace department should, within seven working days before the hearing, serve a notice of hearing to inform the parties and relevant personnel of the time and place of holding the hearing.

The hearing should produce a hearing record, and give it to the parties or their representatives to sign or affix a seal after parties it has been checked for correctness. If the parties or their representatives refuse to sign or affix a seal, the chairperson of the hearing shall so note on the record. 

Hearings will be held in public unless they involve state secrets, business secrets, or personal privacy that shall be kept confidential in accordance with the law.

After the hearing is over, the cyberspace department shall make a decision based on the hearing record and in accordance with the stipulations of Article 41 of these Provisions.

Article 37. Before a cyberspace department makes an administrative punishment decision concerning a party, it may in accordance with relevant provisions conduct an interview, and make a transcript of the law enforcement interview after the conversation.

Section 4. Administrative Punishment Decision, Serving Notice

Article 38. Before making an administrative punishment decision, cyberspace departments should fill out a notice of administrative punishment opinion, informing the parties of the content and the facts, reasons and basis, as well as the rights of the parties in accordance with law such as to make a statement and defense.

Article 39. The parties have the right to make statements and a defense. Cyberspace departments should fully consider the opinions of the parties and should review the facts, reasons and evidence submitted by the parties; if the facts, reasons or evidence submitted by the parties are found to have merit, the cyberspace departments should adopt them. If a party fails to make a statement or defense within three working days from the date of receipt of the notice, the party shall be deemed to have waived their right.

Cyberspace departments may not increase the severity of the punishment because of a party’s statement or defense.

Cyberspace departments and their law enforcement personnel that before making an administrative punishment decision fail to, in accordance with these Provisions, inform the parties of the content, as well as the facts, reasons, and basis for, an intended administrative punishment or refuse to consider the statements and defenses of the parties may not make the administrative punishment decision; unless the parties expressly waive the right to make a statement or defense.

Article 40. Under any one of the following circumstances, before the responsible person of the cyberspace department makes an administrative punishment decision, a person responsible for conducting legal reviews of administrative punishment decisions should carry out a legal review; no decision may be made without undergoing and passing a legal review:

1. A major public interest is involved;

2. The case is directly related to the major rights and interests of a party or a third personand has undergone a hearing procedure;

3. The case is difficult and complicated and involves multiple legal relationships; or

4. Other circumstances under which legal review should be conducted as prescribed in laws or administrative regulations. 

Legal review shall be carried out by the office specified by the cyberspace departments to be responsible for legal review. The personnel of the cyberspace department conducting legal review of an administrative punishment decision for the first time should have passed the National UnifiedLegal Professional Qualification Examination and obtained the legal professional qualification.

Article 41. The proposed administrative punishment decision should be reported to the responsible person of the cyberspace department. The responsible person of the cyberspace department shall, based on different circumstances, respectively make the following decisions:

(1) If there is a violation that truly should receive an administrative punishment, the administrative punishment decision shall be made based on the seriousness and specific circumstances of the case;

(2) If the violation is minor and the administrative punishment may in accordance with law be not imposed, administrative punishment shall not be imposed;

(3) If the facts of a violation cannot be established, administrative punishment shall not be imposed;

(4) If a crime is suspected, the case should be transferred to the judicial organs.

Article 42. In cases of complex or major violations, the responsible persons of the cyberspace departments should collectively discuss and decision the matter. The process of collective discussion and decision should be documented.

Article 43. When cyberspace departments make administrative punishment decisions, they should make uniformly numbered administrative punishment decision documents. 

Administrative punishment decision documents should set forth the following matters:

(1) The name of the party, address, and other basic information;

(2) The facts and evidence of violation of laws, regulations, or rules;

(3) The type and basis of the administrative punishment;

(4) The manner and time period for the execution of administrative punishments;

(5) The channels and time period to request administrative reconsideration and administrative litigation;

(6) The name of the cyberspace department making the administrative punishment decision and the date of the decision.

It the administrative punishment decision involves the confiscation of relevant articles, a certificate of confiscated articles should also be attached.

The administrative punishment decision document must be stamped with the seal of the cyberspace department making the administrative punishment decision.

Article 44. Administrative punishment cases handled by the cyberspace departments using ordinary procedures should make an administrative punishment decision within 90 days from the date of filing the case. If a decision cannot be made within the prescribed time period due to the complexity of the case or other reasons, it can be extended for 60 days with the approval of the responsible person of the cyberspace department. If the case is particularly complicated or there are other special circumstances, and a decision still cannot be made after an extension, the responsible person of the cyberspace department should collectively discuss and decide whether to continue the extension. If it is decided to continue the extension, a reasonable period of extension should be determined at the same time.

During the case handling process, the time for hearing, testing, inspection, appraisal, administrative assistance, etc., shall not be calculated in the time periods specified in the preceding paragraph.

Article 45. The administrative punishment decision should be delivered to the parties on the spot after the announcement; if the parties are not present, the administrative punishment decision should be served to the parties within seven working days in accordance with the relevant provisions of the Civil Procedure Law of the People’s Republic of China.

If the parties agree and sign a confirmation, the cyberspace department may use fax, e-mail, etc. to deliver the administrative punishment decision to the parties.

Chapter IV: Implementation and Closing the Case

Article 46. After the administrative punishment decision is served, the parties should carry it out within the time period designated by the administrative punishment decision document.

If the parties truly have financial difficulties, they may submit an application for extension or installments to pay fines and submit written materials. After verification of the case, the persons undertaking the case may designate the time for extension or installment amounts for paying the fine and, after reporting to the responsible person of the cyberspace department for approval, the parties may postpone or pay the fine in instalments. 

Article 47. If a network operator violates relevant laws, regulations and rules requiring the department in charge of telecommunications to close the website, revoke the internet information service value-added telecommunictions operating license or cancel the record filing, the matter shall be transferred to the department in charge of telecommunications for handling.

Article 48. If parties are dissatisfied with an administrative punishment, they have the right to request administrative reconsideration or file an administrative lawsuit according to law.

If a party is dissatisfied with the administrative punishment decision, and requests administrative reconsideration or files an administrative lawsuit, the administrative punishment shall not stop being executed, unless otherwise provided by law.

If a party requests administrative reconsideration or files an administrative lawsuit, the amount of the additional fine shall not be calculated during the period of administrative reconsideration or administrative litigation.

Article 49. If s party fails to perform the administrative punishment decision within the time period, the cyberspace department that made the administrative punishment decision may take the following measures:

(1) If the fine is not paid by the due date, impose an additional fine at the rate of 3% of the fine amount per day, but the amount of the additional fine shall not exceed the amount of the fine;

(2) Apply to the people's court for compulsory execution in accordance with the Administrative Compulsion Law of the People's Republic of China.

If the cyberspace department approves the extension or instalment payment of the fine, the time period for applying to the people's court for compulsory enforcement shall be calculated from the end of the time period for the suspension or instalment payment of the fine.

Before a cyberspace department applies to the people’s court for compulsory enforcement, it should prepare a written reminder concerning implementation of the administrative punishment decision, to remind parties in writing of their obligations, and inform them of the time period, method, and rights to make a statement and defense in accordance with the law regarding their obligations, and for those involving a fine, the document should clearly set out the amount owed and payment method.

If the parties make statements and provide a defense, the cyberspace department should record and review the facts, reasons, and evidence presented by the parties, and prepare a record of the statement and defense and a written statement of opinion of the review. If the facts, reasons or evidence put forward by the parties are established, the cyberspace department should adopt them. 

If the parties have still not yet complied with the administrative punishment more than ten working days after the written reminder to fulfill the administrative punishment decision has been delivered, the cyberspace department may request the people’s court for enforcement, and fill out an administrative punishment enforcement request.

Article 50. After the administrative punishment decision is fulfilled or enforced, if a case applying the ordinary procedure falls under any of the following circumstances, the law enforcement personnel should fill in a report on the closure of administrative punishment, arrange and order the materials of the case, and archive them.

(1) The administrative punishment decision has been fulfilled or the enforcement has been completed;

(2) The people's court has ruled to terminate the enforcement;

(3) The investigation of the case is terminated;

(4) A decision is made pursuant to Article 41 (2)-(4) of these Provisions;

(5) Other circumstances under which the case should be closed.

After the case is closed, the law enforcement personnel shall archive the case materials in accordance with the relevant provisions on archives management. The archiving of case files should be one case per file, with complete materials, standardized, and orderly.

Article 51. Cyberspace departments should, in accordance with the law, record the entire process of initiation, investigation, and evidence collection, review, decision, delivery, and enforcement of administrative punishment, in the form of text, audio and video, and archive it for preservation.

Article 52. The cyberspace department should establish and improve the supervision system for administrative punishment, and the implementation of administrative punishment should be subject to social supervision. Citizens, legal persons, or other organizations have the right to appeal or report against cyberspace departments concerning their administrative punishment actions; cyberspace departments should conduct serious reviews and proactively correct errors when they are found.

Chapter V: Supplementary Provisions

Article 53. The time periods in these Provisions are calculated in hours and days, excluding the hours and days when they begin. If the expiration date of a time period is a statutory holiday, the first day after the statutory holiday shall be the expiration date, except as otherwise provided by laws and regulations.

Article 54. The terms “above,” “below,” and “within” shall include the number.

Article 55. The national cyberspace department shall be responsible for formulating all document format templates applicable to administrative law enforcement. The cyberspace departments of provinces, autonomous regions and directly-administered municipalities may reference the document format templates, to formulate document formats applicable to administrative punishments in their own administrative region and print them on their own.

Article 55. These Provisions shall enter into force as of [day, month and year]. The Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (Order No. 2 of the Cyberspace Administration of China) promulgated on May 2, 2017, shall be repealed at the same time.

Chinese-language original



1.登录中华人民共和国司法部 中国政府法制信息网(、,进入首页主菜单的“立法意见征集”栏目提出意见。








第一章 总则
















第二章 管辖和适用


















第三章 行政处罚的普通程序

第一节 立案
















第二节 调查取证











































第三节 听证、约谈













第四节 行政处罚决定、送达































第四章 执行与结案























第五章 附则




第五十六条本规定自 年 月 日起施行。2017年5月2日公布的《互联网信息内容管理行政执法程序规定》(国家互联网信息办公室令第2号)同时废止。