Research Directorate, Immigration and Refugee Board of Canada

CHN200754 replaces CHN200326 of October 2020.

1. Documents
1.1 APD

In correspondence with the Research Directorate, a foreign law specialist with the US Law Library of Congress, speaking on their own behalf, explained that

[p]ublic security organs (police) in China can punish minor offenses that have disrupted public order but are not serious enough to be punished by the Criminal Law, without going through court trials. The power of the police to impose administrative penalties on such unlawful acts is primarily governed by the Law on Penalties for Administration of Public Security. (Foreign Law Specialist 16 Sept. 2020)

The Law of the People's Republic of China on Penalties for Administration of Public Security provides the following:

[translation]

Article 100. For cases where the facts of a violation of public security administration are explicit and the evidence is conclusive, a decision concerning a public security administrative penalty may be issued on the spot if it is to impose a warning or a maximum fine of 200 RMB [CNY] [C$39].

Article 101. When a decision concerning a public security administrative penalty is issued on the spot, the officer of the People’s Police shall show his or her police credentials to the person who is in violation of public security administration and prepare a written decision concerning the penalty. The written decision concerning the penalty shall be issued on the spot to the person subject to the penalty. If there is a victim, the officer shall also deliver a copy of the written decision to the victim.

The written decision concerning the penalty stipulated in the previous paragraph shall explicitly include the full name of the person subject to the penalty, illegal acts committed by this person, legal basis, amount of the fine, date, time, location, and name of the public security authority; in addition, the written decision shall be signed or stamped by the officer of the People’s Police who is handling the case.

When a decision concerning a public security administrative penalty is issued on the spot, the officer of the People’s Police who is handling the case shall have the decision put on record by reporting it to the administrative authority to which the officer is subordinate within twenty-four hours. (China 2005)

1.1.1 Application of APDs

China's Administrative Penalty Law, adopted in 1996 and amended in 2021 (effective 15 July 2021), provides the following:

[translation]

Article 44. Prior to the issue of a decision concerning an administrative penalty, the administrative authority shall notify the party involved of the content, facts, justification and basis concerning the administrative penalty that is proposed to be issued.

It shall also inform the party involved that this party may exercise the right, in accordance with the law, to provide a statement, make a plea and request a hearing.

Article 45. The party involved has the right to provide a statement and make a plea. The administrative authority must adequately listen to the comments provided by the party involved and shall conduct a review of the facts, justification and evidence provided by the party involved. If the facts, justification and evidence provided by the party involved are credible, [this information] shall be accepted by the administrative authority.

The administrative authority must not increase the severity of the penalty on the account of the statement or plea of the party involved.

…

Article 48. Decisions concerning administrative penalties that possess a certain level of social impact shall be made public in accordance with the law.

If a decision concerning an administrative penalty that has been made public is changed, cancelled, confirmed to be illegal or confirmed to be invalid in accordance with the law, the administrative authority shall, within three days, recall the information of the decision concerning the administrative penalty and issue a public statement on the reasons for doing so.

…

Article 61. After an Administrative Penalty Decision has been announced, it shall be provided on-scene to the party involved. If the party involved is not on the scene, the administrative authority shall, within seven days and in accordance with the relevant provisions of the Code of Civil Procedure of the People’s Republic of China, serve the Administrative Penalty Decision on the party involved.

If the party involved agrees and signs a letter of confirmation, the administrative authority may serve the Administrative Penalty Decision on the party involved via fax or e-mail.

Article 62. Prior to the issue of a decision concerning an administrative penalty, the administrative authority and law-enforcement officers must not issue a decision concerning an administrative penalty in accordance with the provisions of Article 44 and Article 45 of this Law if they have not notified the party involved of the content, facts, justification and basis concerning the administrative penalty that is proposed to be issued, or if they refused to listen to the statement or plea of the party involved.

This shall not apply if the party involved explicitly surrenders the right to provide a statement or make a plea. (China 1996)

Article 97 of the Law on Penalties for Administration of Public Security provides the following:

[translation]

The public security authority shall announce the written decision concerning a public security administrative penalty to the person subject to the penalty and then issue it to this person on the spot. If the written decision cannot be announced on the spot to the person subject to the penalty, it shall be delivered to this person within two days. If it is determined that the penalty shall result in administrative detention, a family member of the person subject to the penalty shall be notified in a timely manner.

If there is a victim, the public security authority shall deliver a copy of the written decision to the victim. (China 2005)

In correspondence with the Research Directorate, a senior research fellow at the Paul Tsai China Center of Yale Law School reported that a copy of an APD is "supposed to be provided to the offender" (Senior Research Fellow 19 Aug. 2021). In follow-up correspondence, the Foreign Law Specialist, however, stated that "in practice," a copy "might not always be provided to the person being punished" (Foreign Law Specialist 10 Sept. 2021). According to a July 2020 case reported on by Voice of America (VOA) [1], a "former Chinese law professor" at Tsinghua university in Beijing was "detained for a week" on "charges of soliciting prostitutes" in July 2020, and, according to the man's lawyers, he did not receive a copy of "'the administrative penalty statement issued by the Chendu police'" and that "'the Beijing police would not let him go unless they could keep the document'" (VOA 30 July 2020).

1.1.2 Appearance and Security Features

The Administrative Penalty Law provides the following:

[translation]

Article 59. In accordance with the provisions of Article 57 of this Law, the administrative authority shall produce an Administrative Penalty Decision when issuing an administrative penalty. The Administrative Penalty Decision shall explicitly indicate the following items:

1. Name and address of the party involved;
2. Facts and evidence concerning the laws, rules and regulations that were violated;
3. Category and basis of the administrative penalty;
4. Means of fulfilling, and time limits of, the administrative penalty;
5. Avenues and time limits for applying for an administrative review and for initiating administrative legal proceedings;
6. Name of the administrative authority that is issuing the decision concerning an administrative penalty and the date that the decision is issued.

The stamp of the administrative authority that is issuing the decision concerning an administrative penalty must be affixed to the Administrative Penalty Decision. (China 1996)

Article 96 of the Law on Penalties for Administration of Public Security provides the following:

[translation]

When a public security authority issues a decision concerning a public security administrative penalty, it shall create a written decision concerning a public security administrative penalty. The written decision shall explicitly include the following content:

1. Full name, sex, age, identity document name and number, and place of residence of the person subject to the penalty;
2. Facts and evidence concerning the legal violation;
3. Type of penalty and basis for the penalty;
4. Means of execution and time limits concerning the penalty;
5. Avenues and time limits for applications for administrative review or for initiating legal proceedings if there is any disagreement with the penalty;
6. Name of the public security authority that is issuing the decision concerning the penalty and the date that the decision is issued.

The stamp of the public security authority that is issuing the written decision shall be affixed to the written decision. (China 2005)

Similarly, the Editor-in-Chief of Bitter Winter, "an online magazine on religious liberty and human rights in China published daily in eight languages by CESNUR, the Center for Studies on New Religions, headquartered in Torino, Italy" (Bitter Winter n.d.), stated that APDs are "legally binding documents aimed at sanctioning illegal acts, and are created on the basis of the relevant evidence that the administrative organs have obtained through their investigations" and that APDs "include the facts of the defendant's violations of law, the grounds and basis according to which the penalties are to be decided, and the specific decision. The document shall be sealed with the administrative organ's official seal by the law-enforcing officer in charge" (Editor-in-Chief 24 Aug. 2020). According to instructions accompanying a 2019 blank template collection of legal documents produced by the Ministry of Public Security (MPS), APDs are to appear on "international standard A4 paper" (China [2019], 5).

The same source provides the following [translation] "instructions" of APDs by local PSBs:

The public security authorities in each region may, according to the requirements of the actual circumstances, choose to create a new document for the written decision or use the fill-in-the-blanks template for the written decision.

...

Either option for the written decision may be used for a single case involving multiple offenders or for multiple cases involving a single offender.

The public security authorities in each region may determine on their own [which option to use] according to the specific circumstances.

...

When using the fill-in-the-blanks template for the written decision, the legal basis shall be written in the blank space following "pursuant to", which shall include the penalty that was issued, the seizure or recovery [of objects] and the legal basis for any other administrative measures. The content concerning the decision shall be written in the blank space following "it is hereby determined that", which shall include the type and extent of the penalty, the seizure or recovery [of objects], corrections to any prohibitions and time limits, and the content concerning any other measures taken. If there are multiple persons who are in violation of the law, the name of each offender along with the type and extent of his or her penalty shall be clearly indicated; the type and extent of the penalties for the multiple legal violations committed by a single person shall be specified separately. The specific means [of execution] and time limits shall be noted in the blank space following "means of execution and time limits", which shall include the circumstances concerning the execution of concurrent penalties or the non-execution [of a penalty]. In addition, for the confiscation, seizure or recovery of property, the appropriate lists shall be included as an attachment, and the name and number of the lists shall be indicated in the Administrative Penalty Decision.

The written decision that is kept on record shall be signed or stamped by the person subject to the penalty, include the text "I hereby acknowledge that the Administrative Penalty Decision has been announced and delivered to me", and cease to be used as a receipt of service. If the [person subject to the penalty] refuses to affix his or her signature or stamp [to the document], the officer of the People’s Police handling the case shall indicate this on the document. (China [2019], 42)

A copy of a blank APD form published in the 2019 template collection by China's MPS for use by the [translation] "various public security departments and bureaus at the provincial level, within autonomous regions and within directly controlled municipalities" (China [2019], 5), is available on the website of the Beijing Public Security Bureau (PSB) and is attached to this Response (Attachment 1). A copy of a different type of blank APD form is available on the official website of the People's Government of Nanpi county in Hebei province (Nanpi n.d., 39-41). A copy of a completed APD from Hefei City Public Security Bureau and a copy of a blank APD form, issued in 2012 by the MPS, that were provided to the Research Directorate by the Editor-in-Chief and Foreign Law Specialist, respectively, are attached to this Response (Attachments 2 and 3).

According to instructions accompanying a blank List of Seized / Recovered Items (shoujiao/zhuijiao wupin qingdan 收缴/追缴物品清单) form published in the 2019 MPS template collection, which is available on the website of the Beijing PSB and is attached to this Response (Attachment 4), the document [translation] "may either be used in conjunction with the [APD] or used independently" (China [2019], 44). Another style of blank List of Seized / Recovered Items form is available on the official website of the People's Government of Qian'an city in Hebei province (Qian'an 3 June 2020). Another type of blank List of Seized / Recovered Items form is available on the official website of the People's Government of Nanpi county in Hebei province (Nanpi n.d., 47-48).

In correspondence with the Research Directorate, a visiting lecturer in law at Yale University, who is also a senior fellow at the Paul Tsai China Center of Yale Law School, reported that "the national law does not prescribe a set format" for APDs, "although it does regulate their content" (Visiting Lecturer 19 Aug. 2021). The same source stated that "each administrative agency formulates its own implementing procedures, including regulating the format and content of such decisions" (Visiting Lecturer 19 Aug. 2021). The Foreign Law Specialist noted that in regards to APDs issued by the PSB, it is "unclear" if, "in practice," the appearance of the documents issued "by the police is uniform or varies" (Foreign Law Specialist 10 Sept. 2021). The Senior Research Fellow indicated that, compared with "other forms" of Chinese legal documents, they "have seen a larger variation" in APDs issued by the PSB, "depending on [the] type of offense and region" (Senior Research Fellow 19 Aug. 2021). The same source stated that the "content is generally fairly standardized, but some regions have more routine 'tickets' for certain mild offenses especially where only a fine is given" (Senior Research Fellow 19 Aug. 2021).

The Senior Research Fellow indicated that they are not aware of any updates to the APD document since October 2020 (Senior Research Fellow 19 Aug. 2021).

1.1.3 On-Site Punishment [On-the-Spot Penalty] Decision (dangchang chufa juedingshu 当场处罚决定书)

The Administrative Penalty Law provides the following:

[translation]

Article 51. For cases where the facts concerning the violation of the law are conclusive and there is legal basis, a decision concerning an administrative penalty may be issued on the spot if the administrative penalty is to impose a maximum fine of 200 RMB [CNY] [C$39] or a warning on a citizen, or if it is to impose a maximum fine of 3,000 RMB [CNY] [C$589] or a warning on a legal entity or another organization. Additional legal provisions shall be followed where appropriate.

Article 52. When a law enforcement officer issues a decision concerning an administrative penalty on the spot, the officer shall show the party involved his or her law enforcement credentials, fill out the document according to the prescribed format, prepare the serialized Administrative Penalty Decision, and deliver it immediately to the party involved. If the party involved refuses to sign the document, the law enforcement officer shall indicate this on the Administrative Penalty Decision.

The Administrative Penalty Decision stipulated in the previous paragraph shall explicitly indicate the illegal conduct of the party involved; the type of, and basis for, administrative penalty; the amount of the fine; the date, time and location; the avenues and time limits for applying for administrative review or initiating administrative legal proceedings; and the name of the administrative authority. In addition, the Administrative Penalty Decision shall be signed or stamped by the law enforcement officer.

The law enforcement officer shall have the decision concerning an administrative penalty that was issued on the spot put on record by reporting it to the administrative authority to which the officer is subordinate. (China 1996)

The Procedural Provisions Concerning the Handling of Administrative Cases by Public Security Authorities, issued by the MPS in 2012 and amended in 2020, provide the following:

[translation]

Article 37. For cases where the facts concerning the violation of the law are conclusive and one of the circumstances indicated below apply, [an officer of] the People’s Police may issue a decision concerning a penalty on the spot; if there are contraband goods, they may be seized on the spot.

1. If a maximum fine of 200 RMB [CNY] [C$39] or a warning may be imposed on persons who are in violation of public security administration or who commit an offence against road traffic [regulations];
2. If a maximum fine of 500 RMB [CNY] [C$98] or a warning may be imposed by an immigration inspection authority to persons who are in violation of immigration administration;
3. If a maximum fine of 50 RMB [CNY] [C$9.85] or a warning may be imposed on persons who perform other illegal acts, or if a maximum fine of 1,000 RMB [CNY] [C$196] or a warning may be issued to an organization;
4. Other circumstances where the legal provisions allow for an on-the-spot penalty to be imposed.

On-the-spot penalties are not applicable to cases that involve prostitution, soliciting prostitutes, gambling and narcotics. (China 2012a)

The Senior Research Fellow indicated that "in the police context," the on-site "version is supposed to be issued for minor violations of public security where the facts are clear, under 'simplified' or 'summary' procedures per article 37 of the [Procedural Provisions]" (Senior Research Fellow 8 Sept. 2021). The same source stated that "the key distinction is that less investigation and process is required" for on-site punishments, "as the offense is right there like traffic offenses and other minor fines" (Senior Research Fellow 8 Sept. 2021). According to the same source, "minor fines can sometimes be collected on-site as well" (Senior Research Fellow 8 Sept. 2021).

According to instructions accompanying the 2019 MPS template collection, unlike the [translation] "other documents," which are printed on A4 paper, the "On-the-Spot Penalty Decision" document is "printed on a page type that measures 130mm by 160mm" (China [2019], 5). According to the same instructions, [translation] "carbon copies may be created for … On-the-Spot Penalty Decision, List of Seized / Recovered Items" and other "documents that are issued on the spot" (China 2019, 5). A sample of a blank On-the-Spot Penalty Decision form published in the 2019 MPS template collection is available on the website of the Beijing PSB and is attached to this Response (Attachment 5). Another style of blank On-the-Spot Penalty Decision form is available on the official website of the People's Government of Qian'an city in Hebei province (Qian'an 3 June 2020). Another style of blank On-the-Spot Penalty Decision form is available on the official website of the People's Government of Nanpi county in Hebei province (Nanpi n.d., 42).

1.2 Certificate of Release [Confirmation of Release] (jiechu juliu zhengmingshu 解除拘留证明书)

Article 30 of the Order of the State Council of the People's Republic of China No. 614 or "Regulations on Detention Centers" provides the following: [translation] "Upon expiration of the detention period of a detainee, the detention center shall release the detainee on time, issue a certificate of release from detention, and return the property kept in custody" (China 2012b).

Sources indicated that a certificate of release from administrative detention is issued by the detention centre in question (Foreign Law Specialist 16 Sept. 2020; Associate Professor 27 Sept. 2021; Vistiting Professor 24 Sept. 2021). The Foreign Law Specialist stated that "after serving administrative detention, a detainee may receive a confirmation of release issued by the detention house, but not the public security organ that imposed the administrative penalty"; consequently, "the confirmation of release from administrative detention is therefore likely to bear the official seal of a detention house rather than that of a Public Security Bureau" (Foreign Law Specialist 16 Sept. 2020). In correspondence with the Research Directorate, an associate professor at the Peter A. Allard School of Law of the University of British Columbia (UBC), who specializes in Chinese administrative law, added that the detention centre issues the certificate "upon the request of police authority or the court" (Associate Professor 27 Sept. 2021).

2. Payment of Fines

The Law on Penalties for Administration of Public Security provides the following: [translation]

Article 91. Public security administrative penalties shall be determined by a public security authority of the people’s government at the county level or above. Warnings and fines under 500 RMB [CNY] [C$98] may be determined by the [authorities] at the police station.

…

Article 104. Persons who are subject to a penalty resulting in a fine shall visit the designated bank to complete payment of the fine within fifteen days on which the written decision concerning the penalty was received; however, an officer of the People’s Police may collect the fine on the spot if one of the circumstances indicated below apply:

1. If a maximum fine of 50 RMB [CNY] [C$9.85] is imposed and the person subject to the penalty does not object with the imposed fine;
2. In remote regions, aquatic areas or inaccessible areas, after the public security authority and the officers of the People’s Police representing the authority issue a decision for a fine in accordance with the provisions of this [l]aw, if the person subject to the penalty indicates that it would be significantly difficult for him or her to complete payment of the fine at the designated bank;
3. If the person subject to the penalty does not have a fixed residence in the local area, which would create difficulties for executing the penalty at a later time if the fine were not collected on the spot.

Article 105. A fine that was collected on the spot by an officer of the People’s Police shall be submitted to the public security authority to which the officer is subordinate within two days of which the fine was collected. A fine that was collected on the spot while in an aquatic area or on a passenger train shall be submitted to the public security authority to which the officer is subordinate within two days upon the officer reaching land or arriving at a train station. The public security authority shall provide the payment of the fine to the designated bank within two days of which the amount for the fine was received.

Article 106. When an officer of the People’s Police collects a fine on the spot, the person subject to the penalty shall be issued a standardized receipt of fine that is produced by the department of finance of the people’s government of the province, autonomous region or directly controlled municipality. The person subject to the penalty shall have the right to refuse to pay the fine if a standardized receipt of fine is not issued. (China 2005)

The Editor-in-Chief indicated that "[i]n case of … fines, authorities other than the public security organs may also be designated [to exercise the 'powers of administrative penalty']. … The designated organization selected in accordance with the law also has the right to sign and issue the receipt for the fine" (Editor-in-Chief 24 Aug. 2020).

A copy of a fine receipt, provided to the Research Directorate by the Editor-in-Chief, is attached to this Response (Attachment 6).

3. Payment of Bail

According to the Foreign Law Specialist, "bail under Chinese law usually refers to qubaohoushen (取保候审) in the criminal proceedings, which allows a suspect or defendant to be released by providing an individual guarantor or cash security" (Foreign Law Specialist 16 Sept. 2020). In addition, the same source also noted that baozhengjin (保证金) is the "closest concept to 'bail'" in the administrative proceedings under the law on penalties (Foreign Law Specialist 16 Sept. 2020). The source stated that according to article 107 of the law on penalties,

a person on whom the administrative detention is imposed may challenge the decision through administrative reconsiderations or lawsuits and in the meantime file a petition with the public security organ to postpone the detention. If the public security organ approves the petition, it will require the petitioner to provide an individual guarantor or cash security. (Foreign Law Specialist 16 Sept. 2020)

According to the Foreign Law Specialist, the cost of a baozhengjin security "is fixed to 200 Chinese yuan (about US$29) per day of the administrative detention imposed" (Foreign Law Specialist 16 Sept. 2020).

Sources indicated that while bail may be decided by several designated organizations, including courts, it is the public security organs that have the authority to implement it (Editor-in-Chief 24 Aug. 2020; Foreign Law Specialist 16 Sept. 2020).

The Foreign Law Specialist also stated that the Law on Penalties for Administration of Public Security "does not specify the authority that is responsible for issuing a receipt of payment of bail" and that the MPS "in its procedural requirements for public security organs in handling administrative cases, in general requires this bail to be paid to a bank, and allows public security organs to collect the money only during non-business hours of the bank" (Foreign Law Specialist 16 Sept. 2020).

4. Fujian and Guangdong Provinces

According to sources, a form template document issued [in 2012 (Foreign Law Specialist 16 Sept. 2020)] by China's MPS provides forms to be used by local authorities [2], including a form for APDs [Attachment 3] (Editor-in-Chief 24 Aug. 2020; Foreign Law Specialist 16 Sept. 2020). The Editor-in-Chief reports that there are "no special documents applicable to Fujian or Guangdong Provinces" and that

legal documents are based on nationally unified forms and are printed by the local authorities on their own accord based on the book "Form of Criminal Legal Documents of Public Security Organs," published by the Public Security Ministry. (Editor-in-Chief 24 Aug. 2020)

However, the Foreign Law Specialist stated that "Public Security Bureau of Guangdong Province … appears to be running an online law enforcement platform, which publishes digital versions of Administrative Penalty Decisions issued by public security organs throughout the province" (Foreign Law Specialist 16 Sept. 2020). A sample APD from Guangdong Province's online platform, provided to the Research Directorate by the Foreign Law Specialist, is attached to this Response (Attachment 7). A copy of a blank APD form is available on the website of the Guangdong Provincial People's Government (Guangdong n.d.a). A copy of a blank On-the-Spot APD form is available on the website of the Guangdong Provincial People's Government (Guangdong n.d.b). A copy of a blank On-the-Spot Penalty Decision form is available on the PSB website for Shenzhen city in Guangdong province (Shenzhen 7 Aug. 2018). A sample document issued by the Fujian PSB could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] Voice of America (VOA) is part of the US Agency for Global Media (USAGM), a US government agency that oversees civilian US international broadcasting and is funded by the US Congress (VOA n.d.).

[2] This 2012 document is referred to as the "Form of Criminal Legal Documents of Public Security Organs" (Editor-in-Chief 24 Aug. 2020) or "Templates of Public Security Administrative Documents" (Foreign Law Specialist 16 Sept. 2020). The 2019 blank template collection of legal documents produced by the Ministry of Public Security (MPS) is available on the website of the Beijing Public Security Bureau (China [2019]).

References

Associate Professor, The University of British Columbia (UBC), Peter A. Allard School of Law. 27 September 2021. Correspondence with the Research Directorate.

Bitter Winter. N.d. « About ». [Accessed date: 15 Oct. 2020]

China. [2019]. Ministry of Public Security (MPS). The 2019 Updated Comprehensive Collection of Legal Document Templates for Public Security Administration (I). Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 27 Aug. 2021]

China. 2012a (amended 2020). Procedural Provisions Concerning the Handling of Administrative Cases by Public Security Authorities (2018). Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 13 Sept. 2021]

China. 2012b. Order No. 614 of the State Council of the People's Republic of China. Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 24 Sept. 2020]

China. 2005. Law of the People's Republic of China on Penalties for Administration of Public Security. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 7 Sept. 2021]

China. 1996 (amended 2021). Administrative Penalty Law of the People's Republic of China. Excerpts translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 13 Sept. 2021]

Editor-in-Chief, Bitter Winter. 24 August 2020. Correspondence with the Research Directorate.

Foreign Law Specialist, US Law Library of Congress. 10 September 2021. Correspondence with the Research Directorate.

Foreign Law Specialist, US Law Library of Congress. 16 September 2020. Correspondence with the Research Directorate.

Guangdong. N.d.a. Administrative Penalty Decision. [Accessed 7 Sept. 2021]

Guangdong. N.d.b. On-the-Spot Administrative Penalty Decision. [Accessed 7 Sept. 2021]

Nanpi. N.d. Public Security Administrative Legal Instruments (Model) (For Trial Implementation). [Accessed 28 Sept. 2021]

Qian'an. 3 June 2020. Styles of Legal Instruments for Administrative Cases. [Accessed 28 Sept. 2021]

Senior Research Fellow, Yale Law School, Paul Tsai China Center. 8 September 2021. Correspondence with the Research Directorate.

Senior Research Fellow, Yale Law School, Paul Tsai China Center. 19 August 2021. Correspondence with the Research Directorate.

Shenzhen. 7 August 2018. Shenzhen Public Security Bureau. On-the-Spot Penalty Decision. [Accessed 28 Sept. 2021]

Visiting Lecturer, Yale Law School, Paul Tsai China Center. 19 August 2021. Correspondence with the Research Directorate.

Visiting Professor, University of Chicago. 24 September 2021. Correspondence with the Research Directorate.

Voice of America (VOA). 30 July 2020. "Fired Chinese Law Professor Hires Legal Team to Fight Charge of Soliciting Prostitution." [Accessed 13 Sept. 2021]

Voice of America (VOA). N.d. "Mission and Values." [Accessed 13 Sept. 2021]

Additional Sources Consulted

Oral sources: Assistant professor at an American university who conducts research on Chinese politics; China – Embassy of the People's Republic of China in Canada, Guangdong Province Public Security Department, State Council; ChinaAid; China-based international law firm; Chinese criminal law specialist at a university in Italy; China Human Rights Lawyers Concern Group; Chinese human rights monitoring website (2); Chinese law firm (12); Chinese law specialist at a university in Australia (3); Chinese law specialist at a university in North Carolina; Chinese law specialist at a university in Washington, DC; Chinese legal specialist at a university in New York (4); Dui Hua Foundation; human rights activist and lawyer in China; Human Rights in China – New York and Hong Kong offices; Jiuwenlaw.com; Lawyers' Rights Watch Canada; lecturer on modern China studies at a Dutch university; New York-based immigration law firm; professor at the University of Melbourne's Asian Law Centre; professor of Chinese law at a university in Canada; professor of Chinese law at a university in Hong Kong; professor of Chinese studies at an Australian university; professor of law at a university in Beijing; professor of law with a focus on China and Taiwan at an American university; professor of politics at a UK university with a focus on Chinese policing and punishment; professor who specializes in Chinese law at an American University.

Internet sites, including: Amnesty International; Asian Association of Police Studies; ChinaAid; China Daily; China – China Internet Information Center, Fujian Province Public Security Department, Guangdong Province Public Security Department, State Council; China Law & Policy; China Law Translate; ecoi.net; EU – European Asylum Support Office; Factiva; Human Rights Watch; NPC Observer; South China Morning Post; US – Congressional-Executive Commission on China, Department of State.

Attachments

1. China. [2019]. Template of an Administrative Penalty Decision. Ministry of Public Security (MPS). Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 27 Aug. 2021]
2. China. N.d. Sample of an Administrative Penalty Decision. Sent to the Research Directorate by the Editor-in-Chief of Bitter Winter, 24 August 2020. Translated by the Translation Bureau, Public Services and Procurement Canada.
3. China. 2012. Template of an Administrative Penalty Decision form. Sent to the Research Directorate by a Foreign Law Specialist at the US Law Library of Congress, 16 September 2020. Translated by the Translation Bureau, Public Services and Procurement Canada.
4. China. [2019]. Template of a List of Seized / Recovered Items. Ministry of Public Security (MPS). Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 27 Aug. 2021]
5. China. [2019]. Template of an On-the-Spot Penalty Decision. Ministry of Public Security (MPS). Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 27 Aug. 2021]
6. China. N.d. Sample of a receipt for a fine. Sent to the Research Directorate by the Editor-in-Chief of Bitter Winter, 24 August 2020. Translated by the Translation Bureau, Public Services and Procurement Canada.
7. China. N.d. Sample of a Written Decision Concerning Administrative Penalty. Sent to the Research Directorate by a Foreign Law Specialist at the US Law Library of Congress, 16 September 2020. Translated by the Translation Bureau, Public Services and Procurement Canada.