Chapter VI    Legal Liability

Article 36 Anyone who, in violation of the provisions of this Law, commits one of the following acts shall be instructed to make rectification and be given a disciplinary warning, and his unlawful gains shall be confiscated by the administrative department for family planning or public health; if the unlawful gains exceed RMB 10,000 yuan, he shall be fined not less than two times but not more than six times the amount of the unlawful gains; if there are no unlawful gains or the said gains are less than 10,000 yuan, he shall be fined not less than 10,000 yuan but not more than 30,000 yuan; if the circumstances are serious, his license shall be revoked by the authority that issued it; if a crime is constituted, he shall be investigated for criminal liability in accordance with law:

(1) illegally performing an operation related to family planning on another person;

(2) Using ultrasonography or other techniques to identify fetal gender for non-medical purposes or to bring about sex-selective pregnancy termination for non-medical purposes for another person; or

(3) performing a fake birth-control operation, providing a false medical report, or issuing a counterfeit certificate of family planning.

Article 37 If anyone forges, alters or trades in certificates of family planning, his unlawful gains shall be confiscated by the administrative department for family planning; if the said gains exceed 5,000 yuan, he shall be fined not less than two times but not more than ten times the amount of the said gains; if there are no such gains or the gains are less than 5,000 yuan, he shall be fined not less than 5,000 yuan but not more than 20,000 yuan. If the offence constitutes a crime, he shall be investigated for criminal liability in accordance with law.

A certificate of family planning that is obtained by illegitimate means shall be revoked by the administrative department for family planning; if the fault lies with the unit that issues such a certificate, the persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions in accordance with law.

Article 38 Persons providing technical services for family planning who serve against rules and regulations or delay rescue measures, diagnosis or treatment, if the consequences are serious, shall, in accordance with relevant laws and administrative regulations, bear appropriate legal liability.

Article 39 Any functionary of a State organ who commits one of the following acts in the work of family planning, if the act constitutes a crime, shall be investigated for criminal liability in accordance with law; if it does not constitute a crime, he shall be given an administrative sanction in accordance with law; his unlawful gains, if any, shall be confiscated:

(1) infringing on a citizen's personal rights, property rights or other legitimate rights and interests;

(2) abusing his power, neglecting his duty or engaging in malpractices for personal gain;

(3) demanding or accepting bribes;

(4) withholding, reducing, misappropriating or embezzling funds for family planning or social maintenance fees; or

(5) making false or deceptive statistic data on population or family planning, or fabricating, tampering with, or refusing to provide such data.

Article 40 Any unit that, in violation of the provisions of this Law, fails to perform its obligation of assisting in the administration of family planning shall be instructed to make rectification and be criticized in a circular by the local people's government concerned; the persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions in accordance with law.

Article 41 Citizens who give birth to babies not in compliance with the provisions of Article 18 of this Law shall pay a social maintenance fee prescribed by law.

Citizens who fails to pay the full amount of the said fees payable within the specified time limit shall have to pay an additional surcharge each in accordance with relevant State regulations, counting from the date each fails to pay the fees; with regard to ones who still fail to make the payment, the administrative department for family planning that makes the decision on collection of the fees shall, in accordance with law, apply to the People's Court for enforcement.

Article 42 Where the person who should pay the social maintenance fees in accordance with the provisions prescribed in Article 41 of this Law is a State functionary, he shall, in addition, be given an administrative sanction in accordance with law; with regard to a person other than the State functionary, a disciplinary measure shall, in addition, be taken against him by the unit or organization where he belongs.

Article 43 Anyone who resists or hinders the administrative department for family planning or its staff members in their performance of their official duties in accordance with law shall be subject to criticism and be stopped by the administrative department for family planning. If his act constitutes a violation of the administrative regulations for public security, he shall, in accordance with law, be given a penalty for the violation; if it constitutes a crime, he shall be investigated for criminal liability.

Article 44 Citizens, legal persons or other organizations that believe an administrative department infringes upon their legitimate rights and interests while administering the family planning program may, in accordance with law, appeal for administrative review or initiate administrative proceedings.