Legal basis: Administrative Punishment Law of the People's Republic of China.
Article 2 Anyone who disturbs public order, endangers public safety, infringes on personal rights and property rights, and hinders social management, which is harmful to society and constitutes a crime in accordance with the provisions of the Criminal Law of People's Republic of China (PRC), shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security in accordance with this law.
Article 3 The provisions of this Law shall apply to the procedure of administrative punishment for public security; Where there are no provisions in this law, the relevant provisions of the Administrative Punishment Law of the People's Republic of China shall apply.
Article 4. This Law shall apply to acts violating the administration of public security within the territory of People's Republic of China (PRC), except as otherwise provided by law. This Law shall apply to acts that violate the administration of public security on ships and aircraft in People's Republic of China (PRC), unless there are special provisions in the law.
Fifth public security management punishment must be based on facts, and the nature, circumstances and social harm of violations of public security management are equivalent. The implementation of public security management punishment should be open and fair, respect and protect human rights, and protect the personal dignity of citizens.