NPC (Finally) Responds to Controversy over Sealing Drug-Use Records

Photo by Colin Davis (Unsplash)

It has been a month since the revised Public Security Administration Punishments Law (PSPAL) [治安管理处罚法] returned to the spotlight—this time because of Article 136, a new provision that generally requires the police to seal the records of all PSAPL violations.1 We explained and commented on the controversy in this piece for The Diplomat (summarized for our newsletter here). Here is the gist: Several official social-media accounts, in promoting the law ahead of its taking effect on New Year’s Day, focused public attention on Article 136’s application to drug offenses specifically. Netizens criticized both the substance of the record-sealing requirement—worried that it signals a softened official stance on drugs—and the process whereby the provision was adopted.

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China’s Revised Law of Public Order Offenses (Part 2): Key Changes in General Principles, Offenses, and Procedures

Photo by Michael Gellner (stock.adobe.com)

This post is the second and final part of our coverage of China’s revised Public Security Administration Punishments Law (PSAPL) [治安管理处罚法], approved by the Standing Committee of the National People’s Congress (NPCSC) on June 27 and set to go into effect on New Year’s Day. As introduced in Part 1 in more detail, the PSAPL authorizes the police to punish what are deemed minor offenses against the public order through administrative processes outside the criminal justice system. Part 1 focuses on several broader issues that arose during the revision process: the use of administrative detention, the availability of detention hearings, and the vagueness of certain offenses. This part will more comprehensively survey the changes in the revision, though it is still not intended to be exhaustive.

The PSAPL can be roughly divided into three parts: general rules on liability and punishment; offenses and penalties; and procedures for investigating and penalizing public security violations. This post will proceed in the same order. We will draw on Jeremy Daum’s overview of the revision’s first draft as well as a recent explainer by the NPCSC Legislative Affairs Commission (LAC).1 For additional information on the revised PSAPL, please see this English translation by China Law Translate or this Chinese-language comparison chart we have prepared. Inline page citations are to the LAC article, while inline statutory references are to the revised PSAPL unless context indicates otherwise.

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China’s Revised Law of Public Order Offenses (Part 1): Physical Liberty, Due Process, and Speech vs. Public Security Administration

Chinese traffic police officer stands on duty on the street in Beijing. Photo by Phuong (stock.adobe.com).

On June 27, 2025, China’s national legislature, the Standing Committee of the National People’s Congress (NPCSC), approved an overhaul of the 2005 Public Security Administration Punishments Law (PSAPL) [治安管理处罚法], bringing a 12-year legislative marathon to a close. The revised PSAPL will enter into force on January 1, 2026.

The PSAPL sits at the intersection of Chinese criminal law and administrative law. On the one hand, it is a penal statute that defines “violations of public security administration”: relatively minor public order offenses that generally correspond to more serious “crimes” in the Criminal Law [刑法]. These violations are punishable with warnings, fines, license revocations, and even detention of up to 15 days (or up to 20 days for multiple offenses). The PSAPL also lays down the procedures for investigating and punishing the violations, so it is like the Criminal Law and the Criminal Procedure Law [刑事诉讼法] rolled into one. On the other hand, the PSAPL skirts the normal criminal justice process, authorizing the police to penalize public security violations by themselves through nominally administrative proceedings. It incorporates most of the procedures under the Administrative Punishments Law [行政处罚法] and the Administrative Coercion Law [行政强制法]—which regulate, respectively, administrative punishments (e.g., fines and detention) and coercive administrative measures (e.g., investigative restraints on physical liberty and property seizures)—while adapting them to the public security context.

As the first meaningful update of the PSAPL in 20 years, the revision has introduced too many changes to recount individually. To summarize, it has tweaked the general rules of liability and punishments; added around 30 new offenses to the original 152 and modified about 20 others; increased fines across the board; and refined investigatory and decisionmaking procedures.

We will cover the revision in two parts. In this first part, we will delve into a few major changes (or sets of changes), drawing on a recent explainer by Zhang Yijian, a division head in the Office for Criminal Law within the NPCSC Legislative Affairs Commission (LAC).1 Though necessarily biased and self-congratulatory—the article portrays a legislature that tempered the more aggressive draft prepared by the Ministry of Public Security (MPS)—it explains in detail why certain changes were or weren’t made, offers glimpses of behind-the-scenes debates, and candidly acknowledges some flaws in the PSAPL regime. In the next part, we will take a more comprehensive look at the changes but without detailed analysis.

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NPCSC Session Watch: Public-Order Offenses, Unfair Competition, Community Governance, Social Welfare, Food Safety & Law Propaganda

UPDATE (June 27, 2025): On June 27, the NPCSC approved revisions to the Public Security Administration Punishments Law (effective Jan. 1, 2026) and to the Anti–Unfair Competition Law (effective Oct. 15, 2025). It also removed Miao Hua as a member of the PRC Central Military Commission and ratified the Convention on the Establishment of the International Organization for Mediation, among the other actions taken.

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China’s top legislature, the 14th NPC Standing Committee (NPCSC), will convene for its sixteenth session from June 24 to 27, the Council of Chairpersons decided on Monday, June 16. According to the Council’s proposed agenda, the session will consider twelve legislative bills, hear three oversight reports, and ratify the Convention on the Establishment of the International Organization for Mediation—which China signed on May 30 as a founding member. As usual, we preview the session’s legislative agenda in detail below.

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NPCSC Session Watch: Public Security Offenses, Border Health, Financial Stability, Mineral Resources & Report on Promoting Development of Private Economy

UPDATE (June 29, 2024): On June 28, the NPC Standing Committee (NPCSC) revised the Emergency Response Law (effective Nov. 1, 2024) and the Border Health and Quarantine Law (effective Jan. 1, 2025); passed the Rural Collective Economic Organizations Law (effective May 1, 2025) and an amendment to the Accounting Law (effective July 1, 2024); and approved a decision authorizing the State Council to suspend certain provisions of the Food Safety Law in the Hainan Free Trade Port (effective Oct. 1, 2024).

Close-up on the belt of a Chinese police officer in Beijing displaying the coat of arms of China.
Photo by Gwengoat. iStock.com standard license.

China’s top legislature, the 14th NPC Standing Committee (NPCSC), will convene for its tenth session from June 25 to 28, the Council of Chairpersons decided on Monday, June 17. The Council proposed an agenda with ten legislative bills, all of which are pending bills that return for further review. The agenda also includes a report by the State Council that might be of wider interest. We briefly discuss these items below.

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NPCSC Session Watch: Administrative Reconsideration, Foreign-Related Litigation, Public Security Offenses & Education

UPDATE (Aug. 28, 2023): The NPCSC is expected to approve the draft revision to the Administrative Reconsideration Law, draft Foreign State Immunity Law, and draft amendment to the Civil Procedure Law on Friday, September 1. The draft revision to the Company Law will be subject to a fourth (and mostly likely final) review.

China’s top legislature, the 14th NPC Standing Committee (NPCSC), will convene for its fifth session from August 28 to September 1, the Council of Chairpersons decided on Monday, August 21. In addition to proposing an agenda that includes nine legislative bills, the Council also discussed a few other interesting matters at Monday’s meeting. We briefly discuss all those developments below. 

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