The State Cyber Information Office publicly solicited opinions on the "Regulations on the Administrative Law Enforcement Procedure of the Internet Information Department (Draft for Opinions)"

CCTV News: In order to regulate and protect the network information departments fulfilling their duties in accordance with the law, protect the legitimate rights and interests of citizens, legal persons and other organizations, and safeguard national security and public interests, our office revised the "Provisions on the Administrative Law Enforcement Procedure of Internet Information Content Management" to form a revision to form and form formed The "Regulations on the Administrative Law Enforcement Procedure of the Internet Information Department (Draft for Soliciting Opinions)" is now publicly soliciting opinions from the society. The public can make feedback through the following channels and methods:

1. Log in to the Chinese Government Legal Information Network of the Ministry of Justice of the People's Republic of China (www.moj.gov.cn, www.chinalaw.gov.cn), and enter the "Legislative Opinion Collection" column of the main menu of the homepage.

2. Send the opinion to: [email protected] through an email.

3. Send the opinion through a letter to: the Internet Law Enforcement and Supervision Bureau of the National Internet Information Office No. 11, Chegongzhuang Street, Xicheng District, Beijing, postcode: 100044, and please indicate "the administrative law enforcement procedure of the online information department for soliciting opinions" Words.

The deadline for feedback is October 8, 2022.

National Internet Information Office

September 8, 2022

Administrative law enforcement procedures for the online information department

(Draft for comments)

Chapter 1 General Principles

Article 1 In order to regulate and protect the network information departments to perform their duties in accordance with the law, protect the legitimate rights and interests of citizens, legal persons and other organizations, and safeguard national security and public interests, in accordance with the "Administrative Penalty Law of the People's Republic of China" and "The Cyber ​​Security Law of the People's Republic of China" , "The People's Republic of China Data Security Law" and "Personal Information Protection Law of the People's Republic of China" and other laws and administrative regulations, and formulate these regulations.

Article 2 The online information department shall implement administrative law enforcement in accordance with the law, shall implement administrative penalties for illegal acts, and apply these regulations.

The online information department referred to in these regulations refers to the National Internet Information Office and local Internet information office.

Article 3 The implementation of administrative penalties for the online information department shall follow the principles of fairness and publicity, and adhere to the combination of punishment and education to achieve clear facts, accurate evidence, accurate application, legal procedures, appropriate punishment, and standard law enforcement documents.

Article 4 The online information department establishes a system of administrative law enforcement and supervision.

Supervisory law enforcement shall supervise the administrative law enforcement implemented by the lower -level online information departments.

Article 5 The online information department shall strengthen the construction of law enforcement teams and law enforcement capabilities, and establish and improve the training system for training, examination assessment, qualification management, and certification of law enforcement personnel.

Law enforcement officers shall participate in the legal knowledge and business knowledge training organized by the Internet information department, and pass the administrative law enforcement qualification examination or pass the assessment.

The law enforcement certificate shall be issued, issued, or authorized the province, autonomous region, and municipality to be issued by the national network information department.

Article 6 The online information departments and their law enforcement officers shall keep confidentiality in accordance with the law to the state secrets, business secrets, or personal privacy that they know in the process of law enforcement.

Article 7 If law enforcement officers have one of the following circumstances, they should avoid themselves; the parties also have the right to apply for law enforcement officers to avoid:

(1) It is the close relative of the parties or parties in this case;

(2) There is a direct interest with this case;

(3) It has other relationships with this case and may affect fair law enforcement.

The avoidance of law enforcement officers is determined by the person in charge of the online information department. Before the decision is made, the applicant of the applicants can not stop investigating the case.

Chapter II Jurisdiction and Application

Article 8 Administrative penalties are under the jurisdiction of the online information department where illegal acts occur. If laws, administrative regulations, and departmental regulations have other provisions, it is stipulated.

The place where the occurrence of illegal acts includes the implementation of a network operator -related service place or the place of filing of the network operator who implements illegal acts. The location of the platform, the place of the manager, the user, the network access place, and the terminal equipment of the computer.

Article 9 The network information departments below the municipal level of the district are administrative punishment cases such as network information content, network security, data security, and personal information protection in the administrative area according to their authority.

The network information departments of the province, autonomous regions, and municipalities directly under the Central Government under their administrative regions under the administrative region of major and complex network information content, network security, data security, personal information protection and other administrative penalties.

The national network information department's administrative penalties shall be under the jurisdiction of authority and administrative penalties shall be implemented by the department and administrative punishment cases such as major and complicated network information content, network security, data security, and personal information protection.

Article 10 For the same illegal acts of the parties, if two or more online information departments have jurisdiction, the first information department for the first case is under the jurisdiction.

If two or more online information departments are controversial about jurisdiction, if they shall be negotiated and resolved, if the negotiation is not possible, report to the joint jurisdiction of the joint -level online information department; it can also be directly assigned the jurisdiction by the common upper -level online information department.

Article 11 The higher -level online information department believes that if necessary, it may directly handle the cases under the jurisdiction of the lower online information department, or the cases they have jurisdiction can be handled by the lower online information department. If the laws, regulations, and rules are clearly stipulated that the case shall be under the jurisdiction of the higher -level online information department.

If the lower -level online information department cannot exercise its jurisdiction due to special reasons, it may report to the higher -level online information department to jurisdiction or designated jurisdiction.

Article 12 If the network information department finds that the case does not belong to its jurisdiction, it shall be transferred to the online information department with jurisdiction in a timely manner. The transferred online information department shall transfer the case investigation and punishment results in a timely manner to transfer the case of the network information department; if it is not properly transferred, it shall be reported to the joint jurisdiction of the joint online information department, and shall not be transferred by itself.

Article 13 After the higher -level online information department receives a dispute over jurisdiction or reports to the designated jurisdiction, it shall make a decision to specify the jurisdiction within ten working days, and inform the lower online information department in writing.

Article 14 If the network information department finds that the case is under the jurisdiction of other administrative agencies, it shall be transferred to the relevant administrative organs in accordance with the law.

If the online information department finds that illegal acts are suspected of crime, the case shall be transferred to the judicial organs in a timely manner. If the judicial organs have decided to file the case, the online information department shall transfer the materials related to the case to the judicial organs within three working days from the date of receiving the notice of the judicial authority for the notice of the judicial organs, and go through the handover procedures.

The online information department shall strengthen coordination and coordination with the judicial organs, establish and improve the transfer system of case transfer, strengthen the transfer of evidence materials, receive and connect, and improve the case processing information notification mechanism.

Article 15 If an online information department shall make administrative penalties such as revoking permits and approved departments in accordance with the law and approved departments shall send the obtained evidence and related materials to the original license and approval department, it shall be sent to the original license. Certificate and other decisions.

Article 16 The same illegal act of the parties shall not give administrative penalties for more than two fines. If the same illegal act violates multiple legal norms, a fine shall be given, and a fine shall be given shall be punished in accordance with the high amount of fine.

Chapter 3 Ordinary Program for Administrative Penalty

Section 1

Article 17 The online information department shall investigate and deal with the following matters in a timely manner, and fill in the source registration form of the case:

(1) The case clues were found in the supervision and inspection;

(2) Natural persons, legal persons, or other organization complaints, appeals, reports;

(3) Those who are assigned or submitted by higher levels or subordinates are reported to be investigated;

(4) Transferred by relevant agencies;

(5) Discovered through other methods and channels.

Article 18 Administrative penalties shall meet the following conditions:

(1) Acts suspected of violating laws, regulations and rules;

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

(3) It belongs to the head of the headquarters;

(4) During the statutory period for administrative penalties.

Those who meet the requirements of the case shall be filled in the approval form of the case, and the relevant materials shall be attached to the person in charge of the online information department within seven working days to approve the case, and specify two or more law enforcement officers as the case organizer. In special cases, the case can be extended to 15 working days.

For complaints, complaints, and reports that are not given a case, after approval by the person in charge of the online information department, the results of the complaints, complaints, and reporters shall be informed of the results, and the relevant situation of the unspecified case shall be reserved in writing.

For cases transferred by other agencies, if they decide not to be paid, they shall notify the transfer authority in writing.

Those who do not establish a case or revoke the case, the organizer shall produce the approval form of the non -provisioning case or the cancellation of the approved form, and the person in charge of the online information department shall be approved.

Section 2 Investigation

Article 19 When investigating and obtaining evidence for case investigation and evidence from the online information department shall be implemented by law enforcement officers with administrative law enforcement. Law enforcement officers shall not be less than two, and they shall take the initiative to present law enforcement documents to the parties or relevant personnel. If necessary, you can also hire professionals for assistance.

For the first time to collect and retrieve evidence to the parties to the case, it shall inform them that they have the right to avoid the evasion of law enforcement officers.

When collecting and obtaining evidence from relevant units and individuals, it shall inform them of the obligation to provide truth from providing evidence. Objects or relevant personnel investigations shall truthfully answer inquiries and assistance, and cooperate with the investigation, and provide timely provision of information published by the network operator that should be preserved in accordance with the law, information, and log information posted by users shall not obstruct or interfere with the investigation of the case.

Article 20 If the online information department needs to assist in the investigation and evidence collection during the law enforcement process, an entrusted investigation letter shall be issued. The entrusted online information department shall actively assist in to complete the relevant work within fifteen working days from the date of receiving the entrusted investigation letter; if it needs to be extended to complete or cannot be assisted, it shall promptly let the online information department entrusted.

Article 21 Law enforcement officers shall collect evidence related to cases in accordance with the law, including documentary evidence, physical evidence, audiovisual data, electronic data, witness testimony, the statement of the parties, appraisal opinions, transcripts of inspection, and on -site transcripts.

Electronic data refers to the data that is formed in the process of the case and stored, processed, and transmitted in the form of digitalization. Electronic information or files carried by email, network background and other methods. Electronic data mainly exists in electronic devices or storage media such as computer equipment, mobile communication devices, Internet servers, mobile storage equipment, cloud storage systems.

Visual data include recording materials and video materials.

The recording data and image data stored in the electronic media are applicable to the regulations of electronic data.

Article 22 The evidence materials obtained in accordance with the law before the investigation or supervision and inspection process may be used as evidence of the case.

For the transfer case, the evidence materials collected by the transfer organs can be used as evidence of the case according to their authority.

Evidence shall comply with the provisions of laws, regulations, and rules on evidence, and be verified that it can be used as a basis for identifying the facts of the case. The evidence obtained by illegal means shall not be used as the basis for identifying the facts of the case. Article 23 Before filed the case, the online information department may take measures such as inquiry, inspection, inspection, appraisal, and evidence materials, and shall not limit the personal and property rights of the initial investigation.

After the network information department is filed, measures can be taken for the preservation of items, facilities, and venues.

Article 24 In the process of law enforcement, the online information department asked the parties or relevant personnel, and should produce an inquiry transcript to stimulate the time, place, related facts, and passing. Inquiry transcripts shall be submitted to the object or the relevant personnel check and confirm.

Article 25 The online information department shall conduct inspections and inspections on places, items, and networks involving the Internet illegal, and timely collect, fixed document evidence, physical evidence, audiovisual data and electronic data.

Article 26 The online information department may entrust the judicial appraisal agency to issue an appraisal opinion on the specialty issues in the case; if it does not belong to the scope of judicial appraisal, it may entrust a capable or conditional institution to issue a test report or inspection report.

Article 27 The online information department may retrieve evidence materials that can prove the facts of the case from the relevant units and individuals, and may take pictures, videos, copies, and replication as needed.

The evidence and physical evidence should be original and original. If the original and the original and the original are difficult, the relevant units and individuals submitted by the evidence can sign or seal on the replica. It indicates that "this piece is provided by ×××, and the verification is no different from the original (thing)." The words or text descriptions, and indicate the date of the certificate, the source of the evidence, and the signature or stamp.

The retrieved audiovisual data and electronic data should be the original carrier or backup medium. If it is difficult to get the original carrier or the backup medium, you can collect copying pieces and indicate the production method, production time, producer, etc. The text record of the sound information shall be accompanied by the text record of the sound content.

Article 28 When the evidence may be lost or it is difficult to obtain in the future, with the approval of the person in charge of the network information department, law enforcement officers may follow the law of the computers, servers, hard disks, mobile storage equipment, memory cards, etc. Register for preservation, make a list of registrations to save items, and issue a notice of registration and preservation items to the parties. During the preservation of the first registration, the parties or relevant personnel shall not be damaged, destroyed or transferred.

When the online information department is implemented in advance, the parties or holders shall be notified to the scene and record the relevant measures taken in the on -site transcript.

Article 29 The evidence of the online information department shall make the following processing decisions within seven working days:

(1) For evidence preservation measures, it is necessary to return the preservation measures such as recording, replication, camera, video and other evidence;

(2) If the inspection, testing, and appraisal need to be inspected, and the institution of institutions with corresponding qualifications is sent to the inspection, testing, and appraisal of the corresponding qualifications;

(3) If the facts of illegal facts are established, it shall be confiscated in accordance with the law, and the administrative penalty decision shall be made in accordance with the legal procedures.

(4) If the facts illegal facts are not established, or the facts of illegal facts are established, but if it should not be confiscated according to law, the first registration and preservation should be lifted.

If the decision is not made after the deadline, the first registration and preservation shall be lifted.

Article 30 In order to collect and preserve electronic data, the online information department may adopt on -site evidence collection and remote evidence collection, and order measures such as fixed and submission of relevant units and individuals.

Electronic evidence collection work records should be produced after on -site evidence collection and remote evidence collection.

Article 31 During the investigation and evidence collection process, law enforcement personnel shall require the parties to sign, seal, seal or be confirmed in the transcript or other materials. If the parties refuse to be present, refuse to sign, seal, seal, or confirm it in other ways, or cannot find the parties, two law enforcement officers shall indicate the reason for the transcript or other materials, and invite relevant personnel to sign or build as witnesses as witnesses. The chapter can also be recorded in recording, video and other methods.

Article 32 The online information department can take administrative compulsory measures such as seizure and seizure. Take or lift the sealing and seizure measures shall report the written report in writing to the main person in charge of the online information department and be approved.

If the situation is urgent and the seizure and seizure measures need to be taken on the spot, law enforcement officers shall report to the main person in charge of the online information department within 24 hours and make up for approval procedures. If the main person in charge of the online information department believes that it shall not take seizure or seizure measures, it shall be canceled immediately.

Article 33 After the investigation of the case is ended, the organizer shall write the report of the case handling of the case.

If the facts of illegal facts are established, administrative penalties shall be given, and reports of case handling of case shall be written, and a proposal for administrative penalties shall be drafted.

If there is one of the following situations, the report on the handling of case handling is reported to explain the reason for the proposed processing.

(1) It is believed that the facts of illegal facts cannot be established and will not be punished by administrative penalties;

(2) The plot of the violation of the law is slightly and corrected in time, without causing the consequences of harm, not administrative penalties;

(3) The initial illegal and harmful consequences are slight and corrected in time.

(4) If the parties have evidence enough to prove that there is no subjective fault, they will not be punished by administrative penalties. If laws and administrative regulations have other provisions, it is stipulated in it;

(5) The case does not belong to the jurisdiction of the headquarters and shall be transferred to the jurisdiction of other administrative agencies; (6) If a crime is suspected, it shall be transferred to the judicial organs.

Article 34 When an online information department conducts a case investigation, if the existing evidence proves that the facts of illegal facts are established, the parties shall be ordered to correct or correct the illegal act within a time limit.

Section 3 Hearing, Interview

Article 35 Before the online information department makes the following administrative penalty decisions, the parties shall inform the parties that they have the right to hold a hearing. If the parties ask the hearing, they shall be proposed within five working days after being informed that the online information department shall organize hearing. If the parties do not require the hearing within the time limit, they are deemed to have given up their rights.

(1) A large amount of fine;

(2) Confession of large amounts of illegal income, confiscated large value illegal property;

(3) Reduce qualification levels and revoke licenses;

(4) Ordering production and suspension, ordering, and restrictions;

(5) Other heavier administrative penalties;

(6) Other circumstances stipulated in laws, regulations, and rules.

Article 36 The online information department shall send the hearing notice to the parties on the seven working days of the hearing to inform the parties and the relevant personnel of the time and place of the hearing.

The hearing should be produced by the hearing, and the parties or their agents check the signature or stamping after correctness. If the parties or their agents refuse to sign or stamp, the hearing host indicates in the transcript.

Except for the confidentiality of state secrets, business secrets, or personal privacy in accordance with the law, the hearing is held publicly.

After the hearing, the online information department shall make a decision in accordance with the provisions of Article 41 of these regulations.

Article 37 Before the online information department makes an administrative penalty decision on the parties, it may be interviewed in accordance with relevant regulations, and the transcript of law enforcement interviews will be produced after the conversation.

Section 4 Administrative Penalty Decision and Delivery

Article 38 Before the online information department makes an administrative penalty decision, it shall fill out the notice of administrative penalties to inform the parties 'content, facts, and basis for the content of administrative penalties planned by the parties, and inform the parties' rights and defense in accordance with the law.

Article 39 The parties have the right to state and argue. The online information department shall fully listen to the opinions of the parties, and shall review the facts, reasons and evidence proposed by the parties; if the facts, reasons or evidence proposed by the parties shall be established, the online information department shall adopt it. If the parties fail to file a statement or defense within three working days from the date of receiving the notice, they shall be deemed to have given up their rights.

The online information department shall not be punished by the party's statement and argument.

Before the online information department and their law enforcement officers, before making the administrative penalty decision, they failed to inform the parties to the parties to inform the parties the content, facts, reasons, basis, or refusing to listen to the parties' statement and defense. Except for the abandonment of statements or defense rights.

Article 40 There is one of the following situations. Before the person in charge of the Internet information department makes an administrative penalty decision, personnel who are engaged in the legal system of administrative penalties shall be reviewed by the legal system. The

(1) Involved in major public interests;

(2) The major rights and interests of the parties or third parties are directly related to the hearing procedures;

(3) The case is difficult to be complicated and involved in multiple legal relationships;

(4) Other circumstances of legal and regulations shall be conducted by law and regulations.

The legal system review is implemented by the network information department that is clearly responsible for the legal review of the legal system. The first person in the online information department who engaged in administrative punishment decision -making legal review shall obtain legal professional qualifications through the national unified legal professional qualification examination.

Article 41 The administrative penalty decision proposed shall be reported to the person in charge of the online information department for review. The person in charge of the online information department made the following decisions according to different situations:

(1) If there is an illegal act that should be punished by administrative penalties, the decision of administrative penalties according to the weight and specific circumstances of the circumstances;

(2) If illegal acts are mild, they may not be punished by administrative penalties according to law;

(3) If the facts cannot be established, administrative penalties shall not be established;

(4) If illegal acts are suspected of crime, they are transferred to judicial organs.

Article 42 The administrative penalties for the complicated or major illegal acts of the circumstances shall collectively discuss and decide the person in charge of the online information department. The process of collective discussions should be written in writing.

Article 43 The online information department shall make a decision on administrative penalties and shall make a uniform administrative penalty decision.

The administrative penalty decision should be stated in the following matters:

(1) Basic situations, names, and address of the parties;

(2) Facts and evidence of violation of laws, regulations, and rules;

(3) The type and basis of administrative penalties;

(4) Performance of administrative penalties;

(5) Application for administrative reconsideration, the way and period of the administrative lawsuit;

(6) The name of the online information department and the date of making a decision made by the administrative penalty decision.

If the relevant items are involved in the administrative penalty decision, a confiscation certificate shall also be attached.

The administrative penalty decision must be stamped with the seal of the online information department where the administrative penalty decision is made.

Article 44 The administrative punishment case applied for ordinary procedures shall be made within ninety days from the date of establishing an administrative penalty case for ordinary procedures. If the case is complicated or other reasons, if the decision cannot be made within the prescribed period, it can be extended for 60 days with the approval of the person in charge of the network information department. If the case is particularly complicated or there are other special circumstances, if the processing decision cannot be made after the extension, the person in charge of the online information department shall collectively discuss whether to continue to delay and decide to continue to extend, and the reasonable period of extended extension shall be determined at the same time. During the processing process of the case, the time of hearing, testing, inspection, appraisal, and administrative assistance is not included in the period specified in the preceding paragraph.

Article 45 The administrative penalty decision shall be delivered to the parties on the spot after the announcement; if the parties are not present, they shall send the administrative penalty decision 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. Essence

If the parties agree and sign the confirmation, the online information department may use fax, email and other methods to send administrative penalties to the parties.

Chapter 4 Execution and Case

Article 46 After the administrative penalty decision is delivered, the parties shall be fulfilled within the period of the administrative penalty decision.

The parties do have economic difficulties. They can submit an application for extension or payment of fines and submit written materials. After review by the organizer of the case, the deadline and amount of the extension or the fines paid in installments may be suspended or paid in installments after the person in charge of the online information department is approved.

Article 47 Cyber ​​operators violate relevant laws, regulations, and rules, and shall be transferred to the competent telecommunications authority to handle the website of the telecommunications authority to close the website and revoke the value -added telecommunications business license or cancel the filing of the Internet information service.

Article 48 If the parties do not accept the administrative penalty decision, they shall have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

If the parties do not accept the administrative penalty decision, apply for administrative reconsideration or file an administrative lawsuit, the administrative punishment does not stop the implementation, except for the law.

If the parties apply for administrative reconsideration or file an administrative lawsuit, the amount of fines shall not be calculated during administrative reconsideration or administrative litigation.

Article 49 If the parties do not perform the decision of administrative penalties overdue, the online information department that makes a decision on administrative penalties may take the following measures:

(1) If the fines are not paid, a fine of three percent of the fines per day shall be fined, and the amount of fine shall not exceed the amount of the fine;

(2) Apply for the enforcement of the people's court in accordance with the provisions of the "Administrative Mandatory Law of the People's Republic of China".

If the online information department approves the extension and pay the fine in installments, the period of compulsory enforcement of the people's court shall be applied for the period from the date of the end of the suspension or the end of the fined fine.

Before applying for the people's court for compulsory enforcement, it shall fill in the referral of the administrative penalty decision, and the written urging parties to perform their obligations and inform the duration and method of fulfilling their obligations, the statement and defense of the statement enjoyed in accordance with the law. The amount and payment method.

If the parties make a statement and defense, the online information department shall record and review the facts, reasons, and evidence proposed by the parties, and produce a statement of statement, and the statement of the statement and review. If the facts, reasons or evidence proposed by the parties shall be established, the online information department shall adopt it.

After the implementation of the administrative penalty decision, if the parties have not fulfilled the penalty decision, the online information department may apply for the people's court for mandatory implementation and fill in the application for administrative penalties for compulsory enforcement.

Article 50 After the administrative penalty decision is performed or implemented, if there is one of the following cases that apply ordinary procedures, law enforcement officers shall fill in the administrative penalty report report and organize the relevant case materials to be booked and archive.

(1) Administrative penalties decide to be fulfilled or implemented;

(2) The people's court ruled to end the execution;

(3) Investigation of the case;

(4) Make a decision of Article 41 (1) (1) of Article 41;

(5) Other circumstances that should be concluded.

After the case is closed, law enforcement officers should file the case materials in accordance with the relevant provisions of the archives management. The archives of the case should be the case, the materials are complete, and the specifications should be complete.

Article 51 The online information department shall record the full process of the launch, investigation, review, decision, delivery, and implementation of administrative penalties in the form of text, audiovisual and other forms in accordance with the law, and the archives.

Article 52 The online information department shall establish and improve the supervision system for administrative punishment, and the implementation of administrative penalties shall accept social supervision. Citizens, legal persons, or other organizations have the right to complain or report on the administrative penalties of the network information department; the online information department shall carefully review it and find that there are errors, and they should take the initiative to correct them.

Chapter 5 Attachment

Article 53 The deadline in these regulations is calculated in time and daily, and the time and day are not calculated. The last day of the expiration of the period is a legal holiday, and the first day of the legal holiday is the date of the expiration of the session. Except for other provisions of laws and regulations.

Article 54 The "above", "below", and "inside" of these regulations include the number.

Article 55 The national network information department is responsible for formulating a format format for the formulation of administrative law enforcement. The online information departments of all provinces, autonomous regions, and municipalities may refer to the format of the document format to formulate the document format applied to the administrative punishment of their own administrative region and print themselves.

- END -