Regulations of Shenzhen Special Economic Zone on the Promotion of Civilized behavior

Chapter V Legal Liability

Article 41 The relevant administrative law-enforcement department shall order anyone, who commits any one of the following behaviors, to correct, and impose a fine of the maximum amount prescribed in relevant laws and regulations:

(1)spitting or throwing residue of gum, residue of sugarcane , peel, kernel, scraps of paper, cigarette butt or other wastes;

(2) spitting, urinating in public places;

(3) throwing debris into the urban green space, or tread on urban green space with prohibiting signs;

(4) damaging urban green space;

(5)unwarranted random posting, smearing scrawling, carving, or drawing on the outside walls of buildings, structures, public facilities, pipelines, other outdoor facilities ,or trees;

(6)throwing garbage and other waste out of the buildings or vehicles;

(7)placing, dumping and burning garbage or other wastes in a non-designated place;

(8)failing to remove pet feces on roads, both sides of roads or other public places by pet takers;

(9)illegally occupying, damaging or dismantling any environmental sanitation facility, or changing it′s function;

(10)smoking in public places with no-smoking signs and disregarding the dissuasion;

(11)committing other illegal uncivilized behaviors that shall be given severer punishment by laws and regulations.

Article 42 Anyone, who has committed any one of same behavior listed in the Article 41 for more than three times within a year, shall be imposed a fine of double maximum amount from the fourth violation.

Article 43 For anyone who has committed any one of the behaviors listed in the Article 41 and refused to fulfill the punishment decision, the relevant administrative law-enforcement department may inform his/her employer or community about the punishment decision.

Article 44 Anyone, who has been given fine punishment for any illegal uncivilized behavior, may apply to participate in social services arranged by the administrative law-enforcement departments.

Hours of participation in social service may be offset against the fine with a limit of half amount in total of the fine. Participation in social service shall be taken by the offender himself/herself. If the social service is given by another person, or other fraud is found, the relevant administrative law-enforcement department shall resume implementation of the original fine punishment decision and inform credit agency of the falsifications as individual credit information.

Specific measures for implementation of social services will be separately formulated by the Municipal People's Government of Shenzhen.

Article 45 Anyone, who fails to fulfill the dissuading obligation in violation of the Article 28 or the Article 29, shall bear the corresponding legal responsibility.

Article 46 Any relevant administrative law-enforcement department, that gives administrative punishment of fine in accordance with laws and regulations, shall follow the separation of fine punishment decision and fine collection in accordance with relevant laws and administrative regulations, except for collecting fine on site. The fine shall be turned?over?to?the state treasury.

A fine of less than 50 Yuan shall be decided and collected by the administrative law enforcement officials on site, while a receipt uniformly printed by the finance department shall be issued.

Article 47 Any relevant department or official failing to perform duty and function, or abusing power, engaging in malpractice for personal gains, neglecting duty shall be given administrative sanction by the relevant department or the administrative supervision department. Where a crime is constituted, the case shall be transferred to the judicial organ according to law.

Chapter VI Supplementary Provisions

Article 48 Where these Regulations stipulate that specific implementation measures or specific provisions are to be formulated by the municipal government or relevant departments, they shall be formulated within 6 months from the date of implementation of these Regulations.

Article 49 The new administrative district of Guangming, Pingshan, Longhua or Dapeng shall be regarded as the district referred to in these Regulations

Article 50 These Regulations shall take effect as of March 1 , 2013.

(This English version is only for reference. To learn more, please refer to the authoritative Chinese version.)