第四十一条行政机关及其执法人员在作出行政处罚决定之前，不依照本法第三十一条、第三十二条的规定向当事人告知给予行政处罚的事实、理由和依据，或者拒绝听取当事人的陈述、申辩，行政处罚决定不能成立；当事人放弃陈述或者申辩权利的除外。

Article 41 If, before making a decision on administrative penalty, an administrative organ or its law-enforcing officer, fails to notify, as stipulated in Articles 31 and 32 of this Law, the party of the facts about the violation, grounds and basis on which the administrative penalty is imposed, or refuses to heed the party's statement and self- defense, the decision on administrative penalty shall be invalid, except that the party relinquishes the right to make a statement or to defend himself.

　　第四十二条行政机关作出责令停产停业、吊销许可证或者执照、较大数额罚款等行政处罚决定之前，应当告知当事人有要求举行听证的权利；当事人要求听证的，行政机关应当组织听证。当事人不承担行政机关组织听证的费用。听证依照以下程序组织：

Article 42 An administrative organ, before making a decision on administrative penalty that involves ordering for suspension of production or business, rescission of business permit or license or imposition of a comparatively large amount of fine, shall notify the party that he has the right to request a hearing; if the party requests a hearing, the administrative organ shall arrange for the hearing. The party shall not bear the expenses for the hearing arranged by the administrative organ. The hearing shall be arranged according to the following procedure:

　　（一）当事人要求听证的，应当在行政机关告知后三日内提出；

(1) To request a hearing, the party shall do it within three days after being notified by the administrative organ;

　　（二）行政机关应当在听证的七日前，通知当事人举行听证的时间、地点；

(2) The administrative organ shall, seven days before the hearing is held, notify the party of the time and place for the hearing;

　　（三）除涉及国家秘密、商业秘密或者个人隐私外，听证公开举行；

(3) The hearing shall be held openly, except where State secrets, business secrets or private affairs are involved;

　　（四）听证由行政机关指定的非本案调查人员主持；

(4) The hearing shall be presided over by a person other than the investigator of the case designated by the administrative organ;

当事人认为主持人与本案有直接利害关系的，有权申请回避；

if the party believes that the person has a direct interest in the current case, he shall have the right to apply for the person's withdrawal;

　　（五）当事人可以亲自参加听证，也可以委托一至二人代理；

(5) The party may participate in the hearing in person, or he may entrust one or two persons to act on his behalf;

　　（六）举行听证时，调查人员提出当事人违法的事实、证据和行政处罚建议；当事人进行申辩和质证；

(6) The investigator shall, when the hearing is conducted, put forward the facts about the violations of law committed by the party, the evidence and recommendation for administrative penalty; the party may defend himself and make cross-examination; and

　　（七）听证应当制作笔录；笔录应当交当事人审核无误后签字或者盖章。

(7) Written record shall be made for the hearing; the written record shall be shown to the party for checking, and when the party acknowledges that the record is free of error, he shall sign or affix his seal to it.

　　当事人对限制人身自由的行政处罚有异议的，依照治安管理处罚条例有关规定执行。

If the party has objection to the administrative penalty that involves restriction of freedom of person, the relevant provisions of Regulations on Administrative Penalties for Public Security shall apply.

　　第四十三条听证结束后，行政机关依照本法第三十八条的规定，作出决定。

Article 43 When a hearing is concluded, the administrative organ shall make a decision in accordance with the provisions of Article 38 of this Law.

　　第六章行政处罚的执行　　

CHAPTER VI ENFORCEMENT OF ADMINISTRATIVE PENALTY

第四十四条行政处罚决定依法作出后，当事人应当在行政处罚决定的期限内，予以履行。

Article 44 After a decision on administrative penalty has been made in accordance with law, the party shall carry it out within the time limit set by the decision on administrative penalty.

　　第四十五条当事人对行政处罚决定不服申请行政复议或者提起行政诉讼的，行政处罚不停止执行，法律另有规定的除外。

Article 45 If the party refuses to accept the decision on administrative penalty and applies for administrative reconsideration or brings an administrative lawsuit, enforcement of the administrative penalty shall not be suspended, except as otherwise prescribed by law.

　　第四十六条作出罚款决定的行政机关应当与收缴罚款的机构分离。

Article 46 The administrative organ that makes the decision on a fine shall be separated from the organ that collects the fine.

　　除依照本法第四十七条、第四十八条的规定当场收缴的罚款外，作出行政处罚决定的行政机关及其执法人员不得自行收缴罚款。

Except for circumstances under which fines shall be collected on the spot according to the provisions of Articles 47 and 48 of this Law, no administrative organs that make the decision on administrative penalty or their law-enforcing officers shall collect fines themselves.

　　当事人应当自收到行政处罚决定书之日起十五日内，到指定的银行缴纳罚款。银行应当收受罚款，并将罚款直接上缴国库。

The parties shall, within 15 days from the date they receive the forms of decision for administrative penalty, pay the fines to the banks as designated. The banks shall accept the fines and turn them over directly to the State Treasury.

　　第四十七条依照本法第三十三条的规定当场作出行政处罚决定，有下列情形之一的，执法人员可以当场收缴罚款：

Article 47 If a decision on administrative penalty is made on the spot in accordance with the provisions of Article 33 of this Law, lawenforcing officers may collect fines on the spot under one of the following circumstances:

　　（一）依法给予二十元以下的罚款的；

(1) The fines imposed according to law is not more than 20 yuan; or

　　（二）不当场收缴事后难以执行的。

(2) It is difficult to carry out the decision if the fine is not collected on the spot.

　　第四十八条在边远、水上、交通不便地区，行政机关及其执法人员依照本法第三十三条、第三十八条的规定作出罚款决定后，当事人向指定的银行缴纳罚款确有困难，经当事人提出，行政机关及其执法人员可以当场收缴罚款。

Article 48 If, after a decision on fine is made by an administrative organ or its law-enforcing officers in accordance with the provisions of Article 33 or Article 38 of this Law, it is really difficult for the party in the area which is outlying, on water or not easily accessible to pay the fine to the bank as designated, the administrative organ or its law-enforcing officers may, upon the request of the party, collect the fine on the spot.

　　第四十九条行政机关及其执法人员当场收缴罚款的，必须向当事人出具省、自治区、直辖市财政部门统一制发的罚款收据；不出具财政部门统一制发的罚款收据的，当事人有权拒绝缴纳罚款。

Article 49 Where fines are collected on the spot by an administrative organ or its law-enforcing officers, the parties shall be given receipts for the fines as are uniformly made and issued by finance departments of provinces, autonomous regions or municipalities directly under the Central Government; if such receipts are not given, the parties shall have the right to refuse to pay the fines.

　　第五十条执法人员当场收缴的罚款，应当自收缴罚款之日起二日内，交至行政机关；在水上当场收缴的罚款，应当自抵岸之日起二日内交至行政机关；行政机关应当在二日内将罚款缴付指定的银行。

Article 50 Fines collected by law-enforcing officers on the spot shall

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