Chinanews.com, March 3 According to the WeChat public account of "Cyberspace China", on March 23, the Cyberspace Administration of China promulgated the "Provisions on Administrative Law Enforcement Procedures of Cyberspace Departments" (hereinafter referred to as the "Provisions"), which will come into force on June 3, 23. The relevant person in charge of the Cyberspace Administration of China said that the purpose of issuing the Provisions is to further regulate and ensure that internet information departments perform their duties in accordance with law, protect the lawful rights and interests of citizens, legal persons, and other organizations, and safeguard national security and public interests.

The Provisions comprehensively revise the Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management promulgated on May 2017, 5. It is stipulated that internet information departments carrying out administrative law enforcement shall persist in combining punishment with education, so that the facts are clear, the evidence is conclusive, and the basis is accurate. The Provisions stipulate systems such as regional jurisdiction, hierarchical jurisdiction, designated jurisdiction, and transfer jurisdiction for administrative law enforcement by internet information departments, and clarify the principle of "no punishment in one case".

The Provisions regulate the administrative law enforcement procedures of internet information departments. First, it clarifies the specific procedural requirements for multiple links such as case filing, investigation and evidence collection, review, decision, service, and enforcement, and stipulates that internet information departments shall lawfully record and archive the entire process in the form of text, audio-visual and other forms. The second is to improve the recusal system, the hearing system, and the parties' statement and defense system, and truly protect the rights of the parties. The third is to clarify the legal review procedures, stipulating the scope of cases, review bodies, and review personnel that should conduct legal review, and clarifying that administrative punishment decisions must not be made without legal review or if the review is not passed. Fourth, clarify the system for collective discussion and decision of major punishment cases, and give administrative punishments for complex circumstances or major violations, and the responsible persons of the internet information departments shall collectively discuss and decide. Fifth, clearly stipulate the time limit for internet information departments to handle administrative punishment cases and the specific circumstances for closing cases.

The Provisions provide for the enforcement and supervision of administrative punishments. Clarify the parties' rights to make statements and defenses in accordance with law, as well as the rights to apply for administrative reconsideration and initiate administrative litigation. Stipulate that the state internet information departments are to establish their own administrative law enforcement supervision systems in accordance with law, and that the internet information departments at the higher level shall supervise the administrative law enforcement carried out by the lower-level internet information departments. Internet information departments carrying out administrative punishments shall accept social oversight. Citizens, legal persons, or other organizations have the right to appeal or report on the conduct of carrying out administrative punishments against internet information departments; Internet information departments shall carefully review and where errors are discovered, they shall take the initiative to correct them.

The promulgation of the Provisions is of great significance to standardizing the administrative law enforcement behavior of internet information departments. All levels of internet information departments shall strictly implement the Provisions, comprehensively advancing the strict regulation of fair and civilized law enforcement, so that the facts are clear, the evidence is conclusive, the basis is accurate, and the procedures are lawful.