中国银行业监督管理委员会行政处罚办法.docx

1、中国银行业监督管理委员会行政处罚办法中国银行业监督管理委员会行政处罚办法（2007修正）Administrative Punishment Measures of China Banking Regulatory Commission（Promulgated and implemented according to Order No. 7 2004 of China Banking Regulatory Commission and revised according to the Decision of China Banking Regulatory Commission on Revis

2、ing the Administrative Punishment Measures of China Banking Regulatory Commission as adopted at the 54th chairmens utive meeting of China Banking Regulatory Commission on December 8, 2006）Chapter I General ProvisionsArticle 1 For the purposes of regulating the imposition of administrative punishment

3、s by China Banking Regulatory Commission （hereinafter referred to as the CBRC） and its dispatched institutions, maintaining the order of the banking industry and protecting the legitimate rights and interests of the financial institutions in the banking industry, other entities and individuals, the

4、present Measures are formulated in accordance with the Administrative Punishment Law of the Peoples Republic of China, Banking Supervision Law of the Peoples Republic of China, Law of the Peoples Republic of China on Commercial Banks and other relevant laws and administrative regulations.Article 2 T

5、he CBRC and its dispatched institutions shall comply with the present Measures in giving an administrative punishment to a financial institution, any other entity or individual who violates any law, administrative regulation or rule.Article 3 The CBRC and its dispatched institutions shall base their

6、 imposition of administrative punishments on the laws, administrative regulations as well as rules and regulations. The regulatory documents at a lower level than rules and regulations shall not establish any administrative punishment, nor may they be the basis for any administrative punishment.Arti

7、cle 4 An administrative punishment shall comply with the principle of lawfulness, impartiality and openness.The imposition of an administrative punishment shall be based on facts, and shall be in match with the facts, nature and circumstances of an illicit act as well as the extent of harm of the il

8、licit act to the society.An administrative punishment without statutory basis or without following the statutory proceedings shall be invalidated.Article 5 The imposition of administrative punishments by the CBRC and its dispatched institutions shall comply with the principle of separating investiga

9、tion from punishment.The supervision and inspection departments of the CBRC and its dispatched institutions shall be responsible for accepting and investigating into the administrative punishment cases, put forward punishment opinions; the legal departments shall be responsible for reviewing the law

10、fulness and appropriateness of the punishment opinions and organizing hearings. The person-in-charge or chairmens meeting （directors meeting） of the CBRC and its dispatched institutions shall be responsible for deciding the administrative punishment.Without being subject to the review of the corresp

11、onding legal department, no administrative punishment may be imposed.Article 6 When the CBRC or any of its dispatched institutions imposes an administrative punishment upon a banking financial institution, it shall order this banking financial institution to impose a disciplinary sanction upon the d

12、irectly liable director, senior managerial personnel and other directly liable persons. If any crime is constituted, it shall transfer them to the judicial organ for criminal liabilities.Article 7 The administrative punishments consist of:（1）warning;（2）monetary penalty;（3）confiscating illegal gains;

13、（4）ordering the banking financial institution involved to suspend business for rectification;（5）revoking the financial business operation permit of the banking financial institution involved;（6）disqualifying the directors or senior managerial personnel from their current positions;（7）other administr

14、ative punishments as provided for by the laws and administrative regulations.Article 8 A banking financial institution, any other entity or individual shall have the right to statement and the right to defense when it （he） is given an administrative punishment by the CBRC or any of its dispatched in

15、stitution. If it （he） refuses to accept the administrative punishment, it （he） shall be entitled to apply for administrative reconsideration or lodge an administrative lawsuit.Where a banking financial institution, any other entity or individual suffers any damage from an administrative punishment u

16、nlawfully imposed upon it （him） by the CBRC or by any of its dispatched institutions, it （he） shall be entitled to claim compensations pursuant to law.Chapter II Jurisdiction and ApplicationArticle 9 The CBRC shall impose administrative punishments on the following illicit acts:（1） The illicit acts

17、conducted by the banking financial institutions and their working personnel that are subject to the direct supervision of the CBRC;（2） The illicit acts that have nationwide bad consequences; and（3） Other illicit acts that the CBRC deems should be directly investigated and punished by it.Article 10 A

18、n institution dispatched by the CBRC shall be responsible for imposing an administrative punishment upon the following illicit acts occur within its jurisdiction:（1） The illicit acts conducted by the banking financial institutions that are subject to its supervision; and（2） The illicit acts conducte

19、d by other entities and individuals.Article 11 The administrative punishment as revoking a financial business operation permit shall be imposed by the banking supervisory institution, which issued this permit.The administrative punishment of ordering a banking financial institution to suspend busine

20、ss for rectification shall be imposed by the banking supervisory institution, which ratified the establishment of this banking financial institution.Article 12 Where there is any jurisdictional dispute between the institutions dispatched by the CBRC, it shall be reported to their common organ at the

21、 next higher level for designating jurisdiction.Article 13 The superordinate banking supervisory institution may directly investigate into and punish an illicit act that occurs within the jurisdiction of a subordinate banking supervisory institution and that has caused severe consequences. It may au

22、thorize a subordinate banking supervisory institution to investigate into and punish an illicit act that should be investigated and punished by the superior organ.Where a subordinate banking supervisory institution considers that an illicit act, which should be investigated and punished by it, is of

23、 gross violation and severe consequences, it may request the superordinate banking supervisory institution to investigate into and punish it.Article 14 When the CBRC or any of its dispatched institutions imposes an administrative punishment, it shall order the party concerned to correct the illicit

24、act immediately or within a time limit.Article 15 Where a party concerned is under any of the following circumstances, it （he） shall be given a lighter or mitigated administrative punishment:（1）Voluntarily eliminating or lessening the severity of the harm resulted from it （his） illicit act;（2）Conduc

25、ting the illicit act under coercion;（3） Demonstrating meritorious service in helping the CBRC and its dispatched institution to investigate into and punish the illicit act;（4） An illicit act conducted by a person aged 14-18 years old; or（5） Other circumstances which allow it （him） to be given a ligh

26、ter or mitigated administrative punishment.Article 16 If an illicit act fails to be discovered within 2 years, no administrative punishment may be given unless it is otherwise provided for by the law.The time limit as prescribed in the preceding Paragraph shall be computed from the day when the illi

27、cit act is conducted. If the illicit act is consecutive or continuous, the time limit shall be computed from the day when it ends.Chapter III Acceptance, Investigation, Obtaining Evidence and ExaminationArticle 17 If the CBRC or any of its dispatched institutions discovers a suspect illicit act afte

28、r it receives any exposure or delatio materials in the process of supervision and administration, and if it considers that it shall impose an administrative punishment upon preliminary examination, the supervision and inspection department shall fill out the case acceptance examination and approval

29、form and accept the case.Where a case is accepted, a case acceptance examination and approval form shall be filled out. Under the provisions in the present Measures regarding the jurisdiction, it shall be subject to approval of the person-in-charge of the supervision and inspection department of the

30、 CBRC, the banking supervisory bureau or a branch of the banking supervisory bureau.If the CBRC or any of its dispatched institutions discovers a suspect committing any illicit act during the course of an on-site inspection, its supervision and inspection department may conduct an investigation for

31、collecting the evidence in advance, then establish it as a case.Article 18 The supervision and inspection department of the CBRC or any of its dispatched institutions shall comprehensively, objectively and impartially investigate into the suspect illicit act involved in a case, which has been accept

32、ed by it, so as to gather relevant evidences. Where necessary, it may conduct an on-the-spot inspection.Article 19 When conducting an investigation or inspection, there shall not be less than 2 supervisors. They shall show the party concerned or relevant persons the valid certificates issued by the CBRC or its dispatched institution. The party concerned or relevant persons shall honestly answer their inquiries, help them in their investigation and inspection, and shall not obstruct or