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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II TYPES, SETTING AND PROVISION OF ADMINISTRATIVE PUNISHMENT CHAPTER III IMPLEMENTATION ORGANS AND ENFORCEMENT PERSONNEL OF ADMINISTRATIVE PUNISHMENT CHAPTER IV JURISDICTION AND APPLICATION OF ADMINISTRATIVE PUNISHMENT CHAPTER V SUMMARY PROCEDURES CHAPTER VI GENERAL PROCEDURES Section 1 Investigation Section 2 Hearing Procedures Section 3 Decision CHAPTER VII EXECUTION, CASE CONCLUSION AND FILING CHAPTER VIII SUPERVISION OVER PUNISHMENT CHAPTER IX SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to regulate the acts of civil aviation administrative punishment, to ensure and supervise the civil aviation administrative organs to effectively carry out the administration, and to protect the legitimate rights and interests of the citizens, corporations and other organizations, these Measures are enacted in accordance with the Law of the People's Republic of China on Administrative Punishment and the Law of the People's Republic of China on Civil Aviation. Article 2. The setting and implementation of civil aviation administrative punishment shall be in compliance with the Law of the People's Republic of China on Administrative Punishment (hereinafter referred to Administrative Punishment Law), and the relevant administrative regulations and these Measures. Article 3. The General Administration of Civil Aviation of China (hereinafter referred to GACAC) shall implement the administrative punishment pursuant to the laws, administrative regulations and rules; the local bureaus of civil aviation administration shall implement the administrative punishment pursuant to the laws, administrative regulations and rules within their respective jurisdictions. Authorized or entrusted organizations shall implement the administrative punishment within the authorized or entrusted scope of the acts subject to administrative punishment, and the types and range of the administrative punishment. CHAPTER II TYPES, SETTING AND PROVISION OF ADMINISTRATIVE PUNISHMENT Article 4. The types of administrative punishment implemented by civil aviation administrative departments include: (1) Warning; (2) Fine; (3) Confiscation of illegal gains or wrongful property; (4) Ordering stop of production and business; (5) Temporary withdrawal or revocation of permit or business license; and (6) Other administrative punishment provided for by laws and administrative regulations. Article 5. In the making of provision of administrative punishment in civil aviation rules, specific provisions shall be set forth within the scope of the acts subject to administrative punishment, and the types and range of administrative punishment provided for by laws and administrative regulations. Where laws and administrative regulations provide no provision or no administrative punishment for an act violating the civil aviation administrative order, civil aviation rules may set forth warning and the fine in the amount provided for in Article 6 of these Measures. Any document other than laws, administrative regulations and rules may not set forth or provide for any administrative punishment; any clause setting forth or providing for administrative punishment will be void. Article 6. The fine set forth by civil aviation rules against the illegal act in non-business activities may not exceed 1,000 Yuan; with respect to the illegal act in business activities, if there are any illegal gains, the fine set forth may not exceed 3 times of such illegal gains, however, it may not exceed 30,000 Yuan at the most, if there is no illegal gain, the fine set forth may not exceed 10,000 Yuan. Article 7. Local bureaus of civil aviation administration may formulate the concrete procedures for administrative punishment in light of the actual circumstances of their respective localities, however, those procedures may not contravene these Measures. CHAPTER III IMPLEMENTATION ORGANS AND ENFORCEMENT PERSONNEL OF ADMINISTRATIVE PUNISHMENT Article 8. The following civil aviation administrative organs shall, pursuant to the laws, administrative regulations, and rules, exercise the corresponding administrative punishment powers in their own names: (1) GACAC; (2) Local bureaus of civil aviation administration. An agency set up by a local bureau of civil aviation administration may, pursuant to laws, administrative regulations and rules, and to the authorization by the bureau, exercise the corresponding administrative punishment powers in the name of the bureau. Article 9. The internal functional departments of the civil aviation administrative organs provided in Article 8 of these Measures may undertake concrete punishment matters, however, they may not implement the administrative punishment in the department's name. Article 10. No organization other than those legally authorized or entrusted may implement the administrative punishment; any punishment act conducted by such an organization in the name of administrative punishment shall be void, and the relevant party shall have the right to refuse and to petition or report to the relevant departments. No individual may implement any administrative punishment in his/her own name. Article 11. Where any other organization authorized by laws and administrative regulations implements administrative punishment, the authorized organization shall be liable for the legal consequences of its administrative punishment act. Article 12. A civil aviation administrative organ may entrust administrative punishment to other organizations for implementation, however, the following conditions shall be met: (1) The civil aviation administrative organ making the entrustment (hereinafter referred to entrusting organ) shall have the power to implement that administrative punishment according to law; (2) The entrusted organization meets the conditions provided for in Article 13 of these Measures; and (3) The trusting organ does have difficulty in implementing the administrative punishment in terms of personnel, equipment, technology and space; or the entrusted matter of administrative punishment has the nature of universality, generality and regularity in terms of time, space and administrative objects. Article 13. An entrusted organization shall meet the following conditions: (1) It is a public institution established according to law and managing civil aviation public affairs; (2) It has no interest relation with the entrusted matter of administrative punishment; (3) It has the formal staff members who are familiar with the Law of the People's Republic of China on Civil Aviation and the relevant civil aviation administrative regulations and rules, as well as other necessary laws and regulations, and who are familiar with the relevant civil aviation business and technology; and (4) Where it is needed to make technical inspection or testing over the illegal act, the organization shall have the capacity needed for the corresponding technical inspection or testing. Article 14. Civil aviation rules may expressly provide that an entrusted organization shall implement the administrative punishment. In absence of express provision of entrustment in the civil aviation rules, the civil aviation administrative organ may entrust the entrusted organization to implement the administrative punishment. Formal trust deed shall be issued in the event that an entrusted organization is entrusted to implement the administrative punishment. The trust deed shall indicate the following matters: (1) Names and addresses of the entrusting organ and the entrusted organization; (2) Scope of the administrative punishment entrusted for implementation, and the conditions, methods, reasons, procedures and time limits for application of the punishment; (3) Liabilities for breach of the entrusted matters; and (4) Other matters that need to be indicated. Article 15. Where an entrusting organ finds that the entrusted organization loses the conditions for entrustment, implements the administrative punishment against the law, or is in any other situations unfit for the entrustment, it may rescind the entrustment and take back the trust deed. Article 16. An entrusted organization shall implement the administrative punishment in the name of the entrusting organ. The entrusted organization shall implement the administrative punishment in accordance with the conditions, methods and procedures for administrative punishment provided for by laws, administrative regulations and civil aviation rules. An entrusted organization may not go beyond the entrusted powers in implementation of administrative punishment. An entrusted organization may not re-entrust the entrusted matters to others. Article 17. An entrusting organ shall supervise the implementation of administrative punishment by the entrusted organization, and shall be liable for the consequences of such implementation. The supervision mentioned in the preceding paragraph shall cover whether the administrative punishment implemented by the entrusted organization is legal and reasonable, whether the scope of entrustment is exceeded, whether the entrusted organization fails to punish the act that should be punished or punishes without authorization the act that should not be punished, and whether the statutory procedures are complied with. Article 18. Where a punished party refuses to comply with the decision of administrative punishment of an entrusted organization, that party may apply for reconsideration with the civil aviation administrative organ at the next higher level of the entrusting organ, except that there are otherwise provisions in laws, administrative regulations and civil aviation rules. Where a citizen, corporation or other organization finds any punishable illegal act and wants to report or petition, the report or petition may be filed either with the entrusting organ or the entrusted organization. The entrusting organ and entrusted organization shall accept the cases that should be handled according to law. Article 19. The enforcement personnel concretely handling administrative punishment in the civil aviation administrative organs and the entrusted organizations shall be qualified as supervisors. Other staff members or professionals without the qualification of supervisor may, under the guidance of the supervisors, assist in the inspection, investigation and evidence collection. CHAPTER IV JURISDICTION AND APPLICATION OF ADMINISTRATIVE PUNISHMENT Article 20. Local bureaus of civil aviation administration shall, pursuant to laws, administrative regulations and civil aviation rules, implement administrative punishment against the illegal acts occurring within their respective jurisdictions. An illegal act occurring in the air shall be under the jurisdiction of the bureau of civil aviation administration of the place of landing after the illegal act has been found out for the first time. In case of any dispute over jurisdiction among the bureaus of civil aviation administration, the jurisdiction shall be designated by the GACAC. Article 21. GACAC may handle the cases under the jurisdiction of the local bureaus of civil aviation administration if necessary; where a local bureau of civil aviation administration regards that a case of administrative punishment is important and complicated and shall be decided by GACAC, that bureau may submit the case to GACAC for implementation of administrative punishment. Article 22. Where a civil aviation administrative organ applies summary procedures in the implementation of administrative punishment, the relevant supervisor shall make the punishment decision on the spot. With respect to a case of administrative punishment under the jurisdiction of GACAC or of which the jurisdiction is decided by GACAC, where the general procedures are applied, the relevant functional departments of GACAC shall be responsible for the investigation, evidence collection, and proposing of suggestions on administrative punishment, and shall submit the case to the director of GACAC for decision. In case of application of general procedures in the implementation of administrative punishment by a local bureau of civil aviation administration, the relevant functional departments shall be responsible for the investigation, evidence collection, and proposing of suggestions on administrative punishment, and shall transfer the case to the department of legal affairs. Upon receiving the case, the department of legal affairs shall make the preliminary examination of the transferred case, hold the hearing if the case meets the required conditions, present the opinions on administrative punishment, and submit the case to the principal of the bureau for the decision of administrative punishment. After the principal makes the decision, the department of legal affairs shall, in conjunction with other relevant functional departments, execute the administrative punishment. In case of implementation of administrative punishment by the agency of a local bureau of civil aviation administration, if no hearing is held pursuant to Article 41 of these Measures, the relevant functional departments of the agency shall be responsible for the investigation, evidence collection, and proposing of suggestions on administrative punishment, after the department of legal affairs of the agency makes the preliminary examination, the principal of the agency shall make the decision of administrative punishment in the name of the local bureau of civil aviation administration; if a hearing shall be held, the case shall be transferred to the local bureau for decision of administrative punishment. Article 23. The administrative punishment imposed on the person committing the illegal act shall be fit for the seriousness of circumstances, the nature and the consequences of the illegal act. Where the illegal acts of different parties are the same or similar, the administrative punishment imposed on them shall be equal. Article 24. An act, once only, in violation of a specific provision of laws, administrative regulations or civil aviation rules shall not be given the administrative punishment of the same type for two or more times, however, administrative punishment of other types may be concurrently imposed pursuant to law. Article 25. Where two or more parties jointly commit the illegal act, they shall be give respective punishment according to the seriousness of their circumstances. CHAPTER V SUMMARY PROCEDURES Article 26. For the illegal acts that meet all the following conditions, the summary procedures provided for in Section 1 of Chapter 5 of the Administrative Punishment Law may be applied: (1) The illegal facts are clear, the circumstances are simple, and the consequences are relatively minor; (2) The evidence is conclusive or the illegal act is found out on the spot; and (3) The administrative punishment imposed is, in case of citizen, a fine of less than 50 Yuan, or in case of corporation or other organization, a fine of less than 1,000 Yuan, or a warning. Article 27. Where the supervisor of a local bureau of civil aviation administration makes the decision of punishment on the spot, the following procedures shall be observed: (1) Showing the certificate of enforcement personnel; (2) Informing the party of the facts of illegal act and presenting the evidence, and explaining the clauses of law the party has violated; (3) Asking the party whether he/she has any disagreement with the illegal facts or legal basis, and hearing the statements and defenses of the party; (4) Making, pursuant to Attachment 1 of these Measures, the On-Spot Decision of Punishment of Civil Aviation (hereinafter referred to on-spot decision), which shall be signed by the party or the representative thereof, and informing the party or the representative thereof of the right to apply for administrative reconsideration or to bring administrative action according to law. The on-spot decision shall be in triplication, one of which shall be given to the party on the spot. (5) Where the punishment may be executed on the spot according to law, giving the warning or taking the fine on the spot and issuing legal receipt of the fine; and (6) With respect to the other two on-spot decisions, one shall be put on record with the functional department of the administrative organ to which the supervisor belongs, and the other shall be put on record with the department of legal affaires of the administrative organ, and the fine shall be turned in pursuant to the provisions. Article 28. The on-spot decision shall indicate the following matters: (1) Entity or personal name of the party; (2) Major illegal facts and circumstances; (3) Legal clauses based on which the decision of punishment is made; (4) Form and amount of the punishment; (5) Method for execution of the punishment; (6) Right to reconsideration, the reconsideration organ, reconsideration period, litigation right and period; (7) Name of the civil aviation administrative organ making the on-spot decision of punishment, as well as the administrative principal of the organ; (8) Signature or stamp of the supervisor; (9) Place of punishment; (10) Date of filling in the on-spot decision; and (11) Signature of the party or the representative thereof. The on-spot decision of punishment shall order the party to correct the illegal act, and the order to correct the illegal act may be included in the on-spot decision. Article 29. Except when there are otherwise provisions in laws and administrative regulations, in the event of on-spot punishment, if the punishment is a fine of less than 20 Yuan or a warning, or if it will be difficult to execute the punishment without taking the fine on the spot, or if the party does have difficulty in paying the fine and upon the request of the party, the punishment may be executed on the spot. Fines not falling within the above kinds shall be paid pursuant to the relevant provisions. Article 30. Where a party raises any objection or defense against the on-spot decision of punishment, the supervisor shall hear the objection or defense and make the reexamination. The punishment shall not be aggravated by reason of the party's objection or defense. The on-spot execution shall not be stopped where a party raises objection or defense, except that there are otherwise provisions in laws and administrative regulations. CHAPTER VI GENERAL PROCEDURES Section 1 Investigation Article 31. Prosecution of civil aviation illegal case may be filed either in written or oral form. The civil aviation administrative organs and entrusted organizations shall, when accepting oral prosecutions, take detailed records, which shall be signed and stamped by the prosecutor if no mistake has been found out upon verification, with the exception of prosecution by telephone. If the prosecutor is unwilling to use the real name, the civil aviation administrative organ and the entrusted organization shall keep confidential for the prosecutor. Article 32. Where a civil aviation administrative organ or an entrusted organization finds that the case prosecuted by the citizen, corporation or other organization does not fall within its jurisdiction, it shall explain the situation to the prosecutor in a timely manner, and shall transfer the case to the organ with jurisdiction within 10 days from the day of acceptance. Article 33. A supervisor shall show his/her enforcement certificate when performing duties. There shall be no less than 2 supervisors participating in the inspection, investigation and evidence collection of illegal cases. A supervisor who has interest relations with the present case shall withdraw; the party may also file the application for withdrawal of that supervisor with the administrative organ. Article 34. In the investigation of a case, the supervisor shall collect various kinds of evidence that are relevant to the case and that can prove the nature and circumstances of the illegal act. Evidence shall include the following types: (1) Physical evidence and documentary evidence; (2) Audiovisuals; (3) Witness' testimony; (4) Statements of the parties; (5) Investigation records and on-spot records; and (6) Expert's conclusions and investigation conclusions. Evidence not verified and confirmed may not be taken as the basis for the ascertaining of facts. Article 35. A supervisor may require the party to provide materials related to the case, and may ask the party or other persons under investigation questions related to the case. The party or other person under investigation shall faithfully answer the questions of the supervisor, but shall have the right to refuse to answer any question irrelevant to the present case. The Investigation Records of Civil Aviation Administrative Case shall be made according to Attachment 2 of these Measures in the investigation and enquiry. The investigation records shall include the following matters: (1) Time and place of investigation; (2) Name, gender, age, employer and other basic information of the party as well as other persons under investigation; (3) Where any aircraft is involved, the model, nationality registration number, owner, lessee and other basic information of the aircraft; (4) Circumstances and consequences of the illegal act; (5) Evidence; and (6) Other information. The investigation records shall be clear and faithful, and shall be signed or stamped by the person under investigation page by page if no mistake has been found out thereby upon verification. Where the person under investigation refuses to sign or stamp, the supervisor shall indicate the situation on the records. The records shall bear the signatures of no less than two supervisors present at the scene, with the time indicated. The investigation records shall be included in the case files of the civil aviation administrative organ. Article 36. A supervisor may require the party and other persons under investigation to accept the investigation, and to provide the relevant materials and evidence, the relevant individuals or entities shall actively render support and assistance. The relevant materials and documentary evidence shall be original materials or proofs, duplication is allowed where it is really difficult to collect the original evidence. The duplicated copy shall be indicated with the words "consistent with the original upon verification". The relevant materials and documentary evidence shall be signed or stamped by the provider, and if the provider refuses to sign or stamp, the supervisor shall indicate this situation. Where the materials or evidence related to the case might be hidden, altered, destroyed, or would be difficult to obtain in the future, they shall be registered in advance and be kept by the supervisor. If it is difficult for the supervisor to keep, they may be kept by the party. Where the party hides, alters or destroys the evidence or falsifies the evidence, he/she shall bear legal liabilities. Article 37. In case of advance registration and keeping of relevant evidence, the evidence shall be sorted and counted on the spot, and the Notification on Evidence Registration and Keeping shall be made pursuant to Attachment 3 of these Measures, the list shall bear the signature or stamp of the party or the representative thereof and of the personnel handling the case. The notification shall be in two pieces, one shall be given to the party or the representative thereof, and the other shall be included in the case files of the civil aviation administrative organ. In case of the advance registration of evidence and the party's keeping of the evidence, the approval of the principal of the civil aviation administrative organ shall be obtained. The evidence shall be sealed with the seal of advance registration and keeping of the civil aviation administrative organ. Article 38. With respect to the evidence registered and kept in advance, one of the following decisions shall be made within 7 days: (1) Where the illegal act is tenable and the evidence shall be confiscated, the decision of administrative punishment shall be made to confiscate the evidence; (2) Where the illegal act is untenable, or the evidence shall not be confiscated pursuant to law, the registration and keeping shall be cancelled. Where it is decided to cancel the registration and keeping, the supervisor shall make the List of Returned Evidence Registered and Kept, which shall be signed or stamped by the party or the representative thereof. The list shall be in two pieces, one shall be given to the party or the representative thereof, the other shall be included in the case files of the civil aviation administrative organ. Article 39. A supervisor may make an on-spot inspection according to the needs. Where there is any special issue involved, such issue shall be appraised by the entity recognized by the state, which shall issue the expert's conclusion. The On-spot Records of Civil Aviation Administrative Case shall be made pursuant to Attachment 5 of these Measures, and the party shall be present on the spot; if the party refuses to come to the spot, the situation shall be indicated in the on-spot records. The on-spot records shall be clear and faithful, and shall be signed or stamped by the party if no mistake has been found out thereby upon verification. Where the person under investigation refuses to sign or stamp, the supervisor shall indicate the situation on the records. The on-spot records shall bear the signatures of no less than two supervisors present at the scene, with the time indicated. Article 40. The department of a civil aviation administrative organ responsible for the investigation and evidence collection (hereinafter referred to undertaking department) shall, after the end of the investigation and evidence collection, propose suggestions on administrative punishment if the case meets the following conditions: (1) There is the person committing the illegal act; (2) There are illegal facts; (3) The administrative liabilities shall be investigated for pursuant to laws, administrative regulations and civil aviation rules; (4) The case falls within the jurisdiction and scope of duty of the present organ or organization; and (5) The illegal act hasn't exceeded the limitation of two years. The undertaking department of the civil aviation administrative organ shall, after the investigation and evidence collection end, made the Investigation Report of Civil Aviation Administrative Case pursuant to the provisions of Attachment 6 of these Measures. The investigation report of civil aviation administrative case shall include the following matters in turn: (1) Time of investigation; (2) Undertaking department and the supervisor concretely handling the investigation and evidence collection (hereinafter referred to undertaking supervisor); (3) Information about the party; (4) Cause of the case; (5) Facts and evidence obtained through the investigation and inspection; and (6) Suggestions on administrative punishment. The investigation report shall be signed by the undertaking supervisor and the principal of the undertaking department. Section 2 Hearing Procedures Article 41. The department of legal affairs of a civil aviation administrative organ shall, after receiving the investigation report of civil aviation administrative case filed by the undertaking department, make the preliminary examination. Where the following administrative punishment is to be given upon approval, before the case is submitted to the civil aviation administrative organ for the decision of administrative punishment, the Informing Letter on Hearing of Civil Aviation Administrative Punishment shall be made pursuant to Attachment 7 of these Measures, to inform the party of the right to request for the hearing; the civil aviation administrative organ shall hold the hearing upon request of the party: (1) Fine of no less than 30,000 Yuan; (2) Revocation of business permit or business license; (3) Order to stop production and business. The informing letter on hearing of civil aviation administration punishment shall be signed or stamped by the party or the representative thereof. Such informing letter shall be in duplication, one copy shall be served to the party, and the other shall be included in the case files of the civil aviation administrative organ. In situations other than those provided for in the first paragraph of this Article, the department of legal affairs shall present the opinions on administrative punishment, and submit the case to the civil aviation administrative organ for the decision of administrative punishment. Article 42. To request for a hearing, the party of a case shall file the request within 3 days from receiving the informing letter on hearing of administrative punishment, and shall submit the written application for hearing and the relevant evidence to the department of legal affairs of the civil aviation administrative organ. The department of legal affairs of the civil aviation administrative organ shall, after receiving the written application, examine whether the application meets the conditions provided for in Article 41 of these Measures, and shall make the decision on whether to hold the hearing within 10 days after receiving the application. Where the department of legal affairs of the civil aviation administrative organ decides to hold the hearing, it shall make the Notification on Hearing of Civil Aviation Administrative Punishment pursuant to Attachment 8 of these Measures. The notification shall be in duplication, one copy shall be served to the party 7 days prior to the hearing to inform the party of the date and venue of the hearing, and at the same time the undertaking department of the case shall be notified, and the other copy shall be included in the case files of the civil aviation administrative organ. Article 43. The party of a case may participate in the hearing in person, either may the party entrust one or two agents who enjoy the right to be entrusted. The agent may be a lawyer, or the next-of-kin of the party, or any other person approved by the chairperson of the hearing. The agent shall show the trust deed. The act of an agent within the scope of entrusted authority shall be regarded as the act of the party, provided that the party does not raise any objection immediately. Where more than one party are in the case, the parties may entrust a joint agent, either may they respectively entrust one or two agents. Where the party of the case not only fails to participate in the hearing without justified reasons, but also fails to entrust any agent to participate, the party shall be regarded as waiving the hearing. Where the party voluntarily requests for termination of the hearing during the course of the hearing, such request shall be permitted. Article 44. The major purpose of a hearing shall be to verify the facts. The hearing shall be presided over by the principal of the department of legal affairs of the civil aviation administrative organ or a person appointed thereby, and the undertaking supervisor shall participate in the hearing. A hearing shall proceed pursuant to the following procedures: (1) The chairperson of the hearing announces the commence of the hearing and the purpose of the hearing; (2) The undertaking supervisor presents the relevant evidence, basis for punishment and suggestions on administrative punishment to the hearing chairperson with respect to the illegal facts of the party; (3) The party of the case shows the evidence and makes defenses; (4) The parties to the hearing enquire and make cross-examination with the witnesses; (5) The parties to the hearing debate over the facts and laws related to the present case; (6) The parties to the hearing make final statements after the debate ends; and (7) The Hearing Records of Civil Aviation Administrative Punishment is made pursuant to Attachment 9 of these Measures, and the records shall be signed or stamped by the parties to the hearing if no mistake is found upon verification. After the hearing ends, the chairperson shall present the opinions on administrative punishment pursuant to Article 38 of the Law of the People's Republic of China on Administrative Punishment. And the hearing records shall be included in the case files of the civil aviation administrative organ. Section 3 Decision Article 45. Before the decision of administrative punishment is made with respect to a case of civil aviation administrative punishment to which the hearing procedures are not applied, the department of legal affairs of the civil aviation administrative organ shall make the Advance Informing Letter on Civil Aviation Administrative Punishment pursuant to Attachment 10 of these Measures, to inform the party of the right to make statements and defenses, and the informing letters shall be signed or stamped by the party or the representative thereof. Such informing letter shall be in duplication, one copy shall be served to the party, and the other shall be included in the case files of the civil aviation administrative organ. The party of the case shall make statements and pleadings within 5 days from receiving the advance informing letter on civil aviation administrative punishment. If the party waives the statements and pleadings, the department of legal affaires of the civil aviation administrative organ shall submit the case to the principal of the civil aviation administrative organ for decision of administrative punishment; where the party requests to make statements and pleadings, the department of legal affairs of the civil aviation administrative organ shall hear the statements and pleadings, and make the Records of the Statements and Pleadings of the Party pursuant to Attachment 11 of these Measures. The records of the statements and pleadings of the party shall be signed or stamped by the party or the representative thereof if no mistake is found upon verification, and shall be included in the case files of the civil aviation administrative organ. Article 46. After the hearing of a case ends or the party finishes the statements and pleadings, the department of legal affairs of the civil aviation administrative organ shall submit the report on administrative punishment for approval to the civil aviation administrative organ. The report on administrative punishment for approval shall include the following matters and shall attach all the case files: (1) Case cause; (2) Party; (3) Undertaking department and undertaking person; (4) Illegal facts; (5) Basis for punishment; (6) Execution of the administrative punishment procedures; (7) Suggestions of the undertaking department on the punishment; and (8) Opinions of the department of legal affairs on the punishment. The general administrative punishment implemented by a civil aviation administrative organ shall be decided by the major principal of the civil aviation administrative organ or the principal in charge of legal affairs. The administrative punishment, such as order to stop production and business, revocation of permit, imposition of fine in relatively large amount on a corporation or other organization, shall be decided by the major principal of the civil aviation administrative organ through executive meeting. Article 47. Where a civil aviation administrative organ decides to impose any administrative punishment, the department of legal affairs thereof shall make the Decision on Civil Aviation Administrative Punishment according to Article 39 of the Administrative Punishment Law and Attachment 12 of these Measures. The decision shall be in duplication, one copy shall be served to the party, and the other shall be included in the case files of the civil aviation administrative organ. The decision of administrative punishment must be affixed with the stamp of the civil aviation administrative organ that made the decision of punishment, and may not be affixed with the stamp of the undertaking department. The written decision on administrative punishment shall be pronounced or served to the party within 5 days after it is made. Article 48. The party shall be ordered to correct or to correct within a prescribed time limit the illegal act in the implementation of administrative punishment. The order to correct or to correct within a prescribed time limit the illegal act may be included in the written decision of administrative punishment. CHAPTER VII EXECUTION, CASE CONCLUSION AND FILING Article 49. The decision of administrative punishment shall, after being made, be executed pursuant to the provisions of Chapter 6 of the Administrative Punishment Law. Article 50. Except the fine that can be taken on the spot, the decision of fine and the taking of fine shall be separated in administrative punishment, the specific measures shall comply with the relevant provisions of the State Council. Article 51. A case may be concluded in any of the following situations: (1) The decision of administrative punishment is performed by the punished party voluntarily; (2) The decision of administrative punishment is enforced pursuant to law; (3) The decision of administrative punishment to be executed is cancelled pursuant to law; (4) The party is released from the administrative punishment; (5) The case is canceled for no administrative punishment is imposed; or (6) Other situations that the execution organ deems the case may be concluded. Article 52. After finishing handling a case, the department of legal affairs of the civil aviation administrative organ shall make the Conclusion Report of Civil Aviation Administrative Punishment Case pursuant to Attachment 13 of these Measures, and shall file all the materials obtained through the handling of the case. CHAPTER VIII SUPERVISION OVER PUNISHMENT Article 53. The general pubic is encouraged to supervise the administrative punishment activities of the civil aviation administrative organs and supervisors. Article 54. GACAC shall supervise the administrative punishment activities of the local bureaus of civil aviation administration. Article 55. GACAC may cancel pursuant to law the unlawful or improper decisions of administrative punishment made by the local bureaus of civil aviation administration. Article 56. Where any supervisor neglects the duties, seeks private benefits through wrongful means, misuses the law in adjudication, or imposes administrative punishment abusively, that supervisor shall be imposed on administrative sanctions; where the circumstances are serious, the legal liabilities shall be investigated for pursuant to law. CHAPTER IX SUPPLEMENTARY PROVISIONS Article 57. The periods provided for in these Measures shall be calculated on a workday basis. Article 58. The power to revise and promulgate the appendixes of these Measures shall remain with the department of legal affairs of GACAC. Article 59. These Measures shall come into force on June 1, 2003. The Measures for Implementation of Civil Aviation Administrative Punishment that were promulgated and came into force on January 14, 1997, shall be repealed at the same time. Attachments: omitted. |
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