Article 38 Any staff member of a department of wildlife administration who neglects his or her duty, abuses his or her power or engages in malpractice for personal gains shall be subject to administrative penalties by the department to which he or she belongs or by the competent authorities at a higher level; if the circumstances are serious enough to constitute a crime, he or she shall be investigated for criminal liability according to law.
Article 39 Any party who is dissatisfied with the decision on an administrative penalty may, within 15 days of receiving the notification on the penalty, apply for reconsideration to the authorities at the level next higher to the one that made the decision on the penalty; if he or she is dissatisfied with the reconsideration decision made by the authorities at the next higher level, he or she may, within 15 days of receiving the notification on the reconsideration decision, institute legal proceedings in a people's court.
The party may also directly institute legal proceedings in a people's court within 15 days of receiving the notification on the penalty. If the party neither applies for reconsideration, nor institutes legal proceedings in a people's court, nor complies with the decision on the penalty, the authorities that made the decision on the penalty shall request a people's court to effect a compulsory enforcement of the decision.
If the party is dissatisfied with a customs penalty or a penalty for violation of public security, the matter shall be dealt with in accordance with the provisions of the Customs Law or the Regulations on Administrative Penalties for Public Security.
Chapter V Supplementary Provisions
Article 40 If any international treaty concerning the protection of wildlife, concluded or acceded to by the People's Republic of China, contains provisions differing from those of this Law, the provisions of the international treaty shall apply, unless the provisions are ones on which the People's Republic of China has made reservations.
Article 41 The department of wildlife administration under the State Council shall, in accordance with this Law, formulate rules for its implementation which shall go into effect after being submitted to and approved by the State Council.
The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law, formulate measures for its implementation.
Article 42 This Law shall come into force onMarch 1, 1989.
Email to Friends
Print
Save