The Public Security Administration Punishment Law (PSAPL): What Foreigners in China Must Know
The Public Security Administration Punishment Law [CN official] is the statute under which most minor offences by foreigners in China are handled. It governs police powers to impose fines, administrative detention, and other penalties without court involvement — and it touches daily life in ways many foreigners do not anticipate.
What Conduct Does the PSAPL Cover?
The PSAPL covers: disorderly conduct and affray; minor assault not reaching the criminal threshold; petty theft and fraud under the criminal monetary threshold; vandalism; disturbing public order; drug use (as distinct from trafficking); prostitution and gambling; immigration violations; and operating businesses without required permits. The key distinction from criminal law is degree of seriousness — conduct that would be criminal if more serious is handled administratively if minor.
Penalties Available
Police may impose: a warning; a fine of up to 500 RMB (5,000 RMB for drug and prostitution offences); administrative detention of 1–15 days (up to 20 days for multiple concurrent offences); and for foreign nationals, deportation and/or a ban on re-entry for 1–5 years or permanently. Notably, PSAPL penalties are imposed without procuratorate or court approval — the police decide and execute.
Procedural Rights
The penalised person has the right to be informed of the facts, grounds, and penalty; the right to make a statement and defend themselves; the right to apply for administrative reconsideration within 60 days; and the right to file an administrative lawsuit in court within 6 months. However, these challenges do not stay the execution of the penalty.
Primary legislation: Public Security Administration Punishment Law [CN official]
Related: Administrative vs. Criminal Detention → | Deportation →