Provisions of the Standing Committee of Shanghai Municipal People's Congress on the Municipal People's Government Setting Penalty Quota for Administrative Punishment in Regulations

(Adopted at the 30th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on September 26, 1996; amended for the first time in accordance with the Decision of the Standing Committee of Shanghai Municipal People's Congress on the Amendment of the Provisions of the Standing Committee of Shanghai Municipal People's Congress on the Municipal People's Government Setting Penalty Quota for Administrative Punishment in Regulations adopted at the 29th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on August 11, 2006; amended for the second time in accordance with the Decision of the Standing Committee of Shanghai Municipal People's Congress on the Amendment of the Provisions of the Standing Committee of Shanghai Municipal People's Congress on the Municipal People's Government Setting Penalty Quota for Administrative Punishment in Regulations adopted at the 12th Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on April 23, 2014; amended for the third time according to the Decision on Amending Five Local Rules Including the Provisions of the Standing Committee of Shanghai Municipal People's Congress on the Work of District, County Town and Township People's Congresses and Repealing the Several Provisions of Shanghai Municipality on Prevention of Duty Crimes adopted at the 9th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on December 28, 2023)

According to the provision in Article 14 of the Law of the People's Republic of China on Administrative Punishment, under the condition that there are no relevant laws or rules, the Municipal People's Government may make regulations to impose a certain amount of fines for acts in violation of administrative order, and the maximum fine shall be set by the Standing Committee of the Municipal People's Congress. Hereby, the following provisions shall be made with regard to the maximum fine set in the said regulations and the matters concerned in this Municipality:

I. The maximum fine set for a behavior in violation of administrative order shall be 300,000 yuan.

II. Regarding a certain regulation that has to set a fine beyond the above maximum for a behavior in violation of administrative order, the Municipal People's Government shall refer the case to the Standing Committee of the Municipal People’s Congress for deliberation.

III. In making regulations, the Municipal People's Government may, in accordance with the principle of penalty equivalent, set different fines of not more than the set maximum for citizens, legal persons and/or other organizations; and a measure for appropriate fines shall be prescribed depending on different cases in violation of administrative order in operating activities.

IV. These Provisions shall be effective as of October 1, 1996.