GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE'S REPUBLIC OF CHINA ——附加英文版
The National People's Congress
GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Fourth Session of the Sixth National People's
Congress, promulgated by Order No. 37 of the President of the People's
Republic of China on April 12, 1986, and effective as of January 1, 1987)
Contents
Chapter I Basic Principles
Chapter II Citizen (Natural Person)
Section 1 Capacity for Civil Rights and Capacity for Civil
Conduct
Section 2 Guardianship
Section 3 Declarations of Missing Persons and Death
Section 4 Individual Businesses and Leaseholding Farm
Households
Section 5 Individual Partnership
Chapter III Legal Persons
Section 1 General Stipulations
Section 2 Enterprise as Legal Person
Section 3 Official Organ, Institution and Social
Organization as Legal Persons
Section 4 Economic Association
Chapter IV Civil Juristic Acts and Agency
Section 1 Civil Juristic Acts
Section 2 Agency
Chapter V Civil Rights
Section 1 Property Ownership and Related Property Rights
Section 2 Creditors' Rights
Section 3 Intellectual Property Rights
Section 4 Personal Rights
Chapter VI Civil Liability
Section 1 General Stipulations
Section 2 Civil Liability for Breach of Contract
Section 3 Civil Liability for Infringement of Rights
Section 4 Methods of Bearing Civil Liability
Chapter VII Limitation of Action
Chapter VIII Application of Law in Civil Relations with Foreigners
Chapter IX Supplementary Provisions
Chapter I Basic Principles
Article 1
This Law is formulated in accordance with the Constitution and the actual
situation in our country, drawing upon our practical experience in civil
activities, for the purpose of protecting the lawful civil rights and
interests of citizens and legal persons and correctly adjusting civil
relations, so as to meet the needs of the developing socialist
modernization.
Article 2
The Civil Law of the People's Republic of China shall adjust property
relationships and personal relationships between civil subjects with equal
status, that is, between citizens, between legal persons and between
citizens and legal persons.
Article 3
Parties to a civil activity shall have equal status.
Article 4
In civil activities, the principles of voluntariness, fairness, making
compensation for equal value, honesty and credibility shall be observed.
Article 5
The lawful civil rights and interests of citizens and legal persons shall
be protected by law; no organization or individual may infringe upon them.
Article 6
Civil activities must be in compliance with the law; where there are no
relevant provisions in the law, they shall be in compliance with state
policies.
Article 7
Civil activities shall have respect for social ethics and shall not harm
the public interest, undermine state economic plans or disrupt social
economic order.
Article 8
The law of the People's Republic of China shall apply to civil activities
within the People's Republic of China, except as otherwise stipulated by
law.
The stipulations of this Law as regards citizens shall apply to foreigners
and stateless persons within the People's Republic of China, except as
otherwise stipulated by law.
Chapter II Citizen (Natural Person)
Section 1 Capacity for Civil Rights and Capacity for Civil Conduct.
Article 9
A citizen shall have the capacity for civil rights from birth to death and
shall enjoy civil rights and assume civil obligations in accordance with
the law.
Article 10
All citizens are equal as regards their capacity for civil rights.
Article 11
A citizen aged 18 or over shall be an adult. He shall have full capacity
for civil conduct, may independently engage in civil activities and shall
be called a person with full capacity for civil conduct.
A citizen who has reached the age of 16 but not the age of 18 and whose
main source of income is his own labour shall be regarded as a person with
full capacity for civil conduct.
Article 12
A minor aged 10 or over shall be a person with limited capacity for civil
conduct and may engage in civil activities appropriate to his age and
intellect; in other civil activities, he shall be represented by his agent
ad litem or participate with the consent of his agent ad litem.
A minor under the age of 10 shall be a person having no capacity for civil
conduct and shall be represented in civil activities by his agent ad
litem.
Article 13
A mentally ill person who is unable to account for his own conduct shall
be a person having no capacity for civil conduct and shall be represented
in civil activities by his agent ad litem.
A mentally ill person who is unable to fully account for his own conduct
shall be a person with limited capacity for civil conduct and may engage
in civil activities appropriate to his mental health; in other civil
activities, he shall be represented by his agent ad litem or participate
with the consent of his agent ad litem.
Article 14
The guardian of a person without or with limited capacity for civil
conduct shall be his agent ad litem.
Article 15
The domicile of a citizen shall be the place where his residence is
registered; if his habitual residence is not the same as his domicile, his
habitual residence shall be regarded as his domicile.
Section 2 Guardianship
Article 16
The parents of a minor shall be his guardians.
If the parents of a minor are dead or lack the competence to be his
guardian, a person from the following categories who has the competence to
be a guardian shall act as his guardian:
(1) paternal or maternal grandparent;
(2) elder brother or sister; or
(3) any other closely connected relative or friend willing to bear the
responsibility of guardianship and having approval from the units of the
minor's parents or from the neighbourhood or village committee in the
place of the minor's residence. In case of a dispute over guardianship,
the units of the minor's parents or the neighbourhood or village committee
in the place of his residence shall appoint a guardian from among the
minor's near relatives. If disagreement over the appointment leads to a
lawsuit, the people's court shall make a ruling.
If none of the persons listed in the first two paragraphs of this article
is available to be the guardian, the units of the minor's parents, the
neighbourhood or village committee in the place of the minor's residence
or the civil affairs department shall act as his guardian.
Article 17
A person from the following categories shall act as guardian for a
mentally ill person without or with limited capacity for civil conduct:
(1) spouse;
(2) parent;
(3) adult child;
(4) any other near relative;
(5) any other closely connected relative or friend willing to bear the
responsibility of guardianship and having approval from the unit to which
the mentally ill person belongs or from the neighbourhood or village
committee in the place of his residence. In case of a dispute over
guardianship, the unit to which the mentally ill person belongs or the
neighbourhood or village committee in the place of his residence shall
appoint a guardian from among his near relatives. If disagreement over the
appointment leads to a lawsuit, the people's court shall make a ruling.
If none of the persons listed in the first paragraph of this article is
available to be the guardian, the unit to which the mentally ill person
belongs, the neighbourhood or village committee in the place of his
residence or the civil affairs department shall act as his guardian.
Article 18
A guardian shall fulfil his duty of guardianship and protect the person,
property and other lawful rights and interests of his ward. A guardian
shall not handle the property of his ward unless it is in the ward's
interests.
A guardian's rights to fulfil his guardianship in accordance with the law
shall be protected by law.
If a guardian does not fulfil his duties as guardian or infringes upon the
lawful rights and interests of his ward, he shall be held responsible; if
a guardian causes any property loss for his ward, he shall compensate for
such loss. The people's court may disqualify a guardian based on the
application of a concerned party or unit.
Article 19
A person who shares interests with a mental patient may apply to a
people's court for a declaration that the mental patient is a person
without or with limited capacity for civil conduct.
With the recovery of the health of a person who has been declared by a
people's court to be without or with limited capacity for civil conduct,
and upon his own application or that of an interested person, the people's
court may declare him to be a person with limited or full capacity for
civil conduct.
Section 3 Declarations of Missing Persons and Death
Article 20
If a citizen's whereabouts have been unknown for two years, an interested
person may apply to a people's court for a declaration of the citizen as
missing.
If a person's whereabouts become unknown during a war, the calculation of
the time period in which his whereabouts are unknown shall begin on the
final day of the war.
Article 21
A missing person's property shall be placed in the custody of his spouse,
parents, adult children or other closely connected relatives or friends.
In case of a dispute over custody, if the persons stipulated above are
unavailable or are incapable of taking such custody, the property shall be
placed in the custody of a person appointed by the people's court. Any
taxes, debts and other unpaid expenses owed by a missing person shall
defrayed by the custodian out of the missing person's property.
Article 22
In the event that a person who has been declared missing reappears or his
whereabouts are ascertained, the people's court shall, upon his own
application or that of an interested person, revoke the declaration of his
missing-person status.
Article 23
Under either of the following circumstances, an interested person may
apply to the people's court for a declaration of a citizen's death:
(1) if the citizen's whereabouts have been unknown for four years or
(2) if the citizen's whereabouts have been unknown for two years after the
date of an accident in which he was involved.
If a person's whereabouts become unknown during a war, the calculation of
the time period in which his whereabouts are unknown shall begin on the
final day of the war.
Article 24
In the event that a person who has been declared dead reappears or it is
ascertained that he is alive, the people's court shall, upon his own
application or that of an interested person, revoke the declaration of his
death.
Any civil juristic acts performed by a person with capacity for civil
conduct during the period in which he has been declared dead shall be
valid.
Article 25
A person shall have the right to request the return of his property, if
the declaration of his death has been revoked. Any citizen or organization
that has obtained such property in accordance with the Law of Succession
shall return the original items or make appropriate compensation if the
original items no longer exist.
Section 4 Individual Businesses and Leaseholding Farm Households
Article 26
"Individual businesses" refers to business run by individual citizens who
have been lawfully registered and approved to engage in industrial or
commercial operation within the sphere permitted by law. An individual
business may adopt a shop name.
Article 27
"Leaseholding farm households" refers to members of a rural collective
economic organization who engage in commodity production under a contract
and within the spheres permitted by law.
Article 28
The legitimate rights and interests of individual businesses and
leaseholding farm households shall be protected by law.
Article 29
The debts of an individual business or a leaseholding farm household shall
be secured with the individual's property if the business is operated by
an individual and with the family's property if the business is operated
by a family.
Section 5 Individual Partnership
Article 30
"Individual partnership" refers to two or more citizens associated in a
business and working together, with each providing funds, material
objects, techniques and so on according to an agreement.
Article 31
Partners shall make a written agreement covering the funds each is to
provide, the distribution of profits, the responsibility for debts, the
entering into and withdrawal from partnership, the ending of partnership
and other such matters.
Article 32
The property provided by the partners shall be under their unified
management and use. The property accumulated in a partnership operation
shall belong to all the partners.
Article 33
An individual partnership may adopt a shop name; it shall be approved and
registered in accordance with the law and conduct business operations
within the range as approved and registered.
Article 34
The operational activities of an individual partnership shall be decided
jointly by the partners, who each shall have the right to carry out and
supervise those activities. The partners may elect a responsible person.
All partners shall bear civil liability for the operational activities of
the responsible person and other personnel.
Article 35
A partnership's debts shall be secured with the partners' property in
proportion to their respective contributions to the investment or
according to the agreement made. Partners shall undertake joint liability
for their partnership's debts, except as otherwise stipulated by law. Any
partner who overpays his share of the partnership's debts shall have the
right to claim compensation from the other partners.
Chapter III Legal Persons
Section 1 General Stipulations
Article 36
A legal person shall be an organization that has capacity for civil rights
and capacity for civil conduct and independently enjoys civil rights and
assumes civil obligations in accordance with the law.
A legal person's capacity for civil rights and capacity for civil conduct
shall begin when the legal person is established and shall end when the
legal person terminates.
Article 37
A legal person shall have the following qualifications:
(1) establishment in accordance with the law;
(2) possession of the necessary property or funds;
(3) possession of its own name, organization and premises; and
(4) ability to independently bear civil liability.
Article 38
In accordance with the law or the articles of association of the legal
person, the responsible person who acts on behalf of the legal person in
exercising its functions and powers shall be its legal representative.
Article 39
A legal person's domicile shall be the place where its main administrative
office is located.
Article 40
When a legal person terminates, it shall go into liquidation in accordance
with the law and discontinue all other activities.
Section 2 Enterprise as Legal Person
Article 41
An enterprise owned by the whole people or under collective ownership
shall be qualified as a legal person when it has sufficient funds as
stipulated by the state; has articles of association, an organization and
premises; has the ability to independently bear civil liability; and has
been approved and registered by the competent authority. A Chinese-
foreign equity joint venture, Chinese-foreign contractual joint venture or
foreign-capital enterprise established within the People's Republic of
China shall be qualified as a legal person in China if it has the
qualifications of a legal person and has been approved and registered by
the administrative agency for industry and commerce in according with the
law.
Article 42
An enterprise as legal person shall conduct operations within the range
approved and registered.
Article 43
An enterprise as legal person shall bear civil liability for the
operational activities of its legal representatives and other personnel.
Article 44
If an enterprise as legal person is divided or merged or undergoes any
other important change, it shall register the change with the registration
authority and publicly announce it.
When an enterprise as legal person is divided or merged, its rights and
obligations shall be enjoyed and assumed by the new legal person that
results from the change.
Article 45
An enterprise as legal person shall terminate for any of the following
reasons:
(1) if it is dissolved by law;
(2) if it is disbanded;
(3) if it is declared bankrupt in accordance with the law; or
(4) for other reasons.
Article 46
When an enterprise as legal person terminates, it shall cancel its
registration with the registration authority and publicly announce the
termination.
Article 47
When an enterprise as legal person is disbanded, it shall establish a
liquidation organization and go into liquidation. When an enterprise as
legal person is dissolved or is declared bankrupt, the competent authority
or a people's court shall organize the organs and personnel concerned to
establish a liquidation organization to liquidate the enterprise.
Article 48
An enterprise owned by the whole people, as legal person, shall bear civil
liability with the property that the state authorizes it to manage. An
enterprise under collective ownership, as legal person, shall bear civil
liability with the property it owns. A Chinese-foreign equity joint
venture, Chinese-foreign contractual joint venture or foreign-capital
enterprise as legal person shall bear civil liability with the property it
owns, except as stipulated otherwise by law.
Article 49
Under any of the following circumstances, an enterprise as legal person
shall bear liability, its legal representative may additionally be given
administrative sanctions and fined and, if the offence constitutes a
crime, criminal responsibility shall be investigated in accordance with
the law:
(1) conducting illegal operations beyond the range approved and registered
by the registration authority;
(2) concealing facts from the registration and tax authorities and
practising fraud;
(3) secretly withdrawing funds or hiding property to evade repayment of
debts;
(4) disposing of property without authorization after the enterprise is
dissolved, disbanded or declared bankrupt;
(5) failing to apply for registration and make a public announcement
promptly when the enterprise undergoes a change or terminates, thus
causing interested persons to suffer heavy losses;
(6) engaging in other activities prohibited by law, damaging the interests
of the state or the public interest.
Section 3 Official Organ, Institution and Social Organization as Legal
Person
Article 50
An independently funded official organ shall be qualified as a legal
person on the day it is established.
If according to law an institution or social organization having the
qualifications of a legal person needs not go through the procedures for
registering as a legal person, it shall be qualified as a legal person on
the day it is established; if according to law it does need to go through
the registration procedures, it shall be qualified as a legal person after
being approved and registered.
Section 4 Economic Association
Article 51
If a new economic entity is formed by enterprises or an enterprise and an
institution that engage in economic association and it independently bears
civil liability and has the qualifications of a legal person, the new
entity shall be qualified as a legal person after being approved and
registered by the competent authority.
Article 52
If the enterprises or an enterprise and an institution that engage in
economic association conduct joint operation but do not have the
qualifications of a legal person, each party to the association shall, in
proportion to its respective contribution to the investment or according
to the agreement made, bear civil liability with the property each party
owns or manages. If joint liability is specified by law or by agreement,
the parties shall assume joint liability.
Article 53
If the contract for economic association of enterprises or of an
enterprise and an institution specifies that each party shall conduct
operations independently, it shall stipulate the rights and obligations of
each party, and each party shall bear civil liability separately.
Chapter IV Civil Juristic Acts and Agency
Section 1 Civil Juristic Acts
Article 54
A civil juristic act shall be the lawful act of a citizen or legal person
to establish, change or terminate civil rights and obligations.
Article 55
A civil juristic act shall meet the following requirements:
(1) the actor has relevant capacity for civil conduct;
(2) the intention expressed is genuine; and
(3) the act does not violate the law or the public interest.
Article 56
A civil juristic act may be in written, oral or other form. If the law
stipulates that a particular form be adopted, such stipulation shall be
observed.
Article 57
A civil juristic act shall be legally binding once it is instituted. The
actor shall not alter or rescind his act except in accordance with the law
or with the other party's consent.
Article 58
Civil acts in the following categories shall be null and void:
(1) those performed by a person without capacity for civil conduct;
(2) those that according to law may not be independently performed by a
person with limited capacity for civil conduct;
(3) those performed by a person against his true intentions as a result of
cheating, coercion or exploitation of his unfavourable position by the
other party;
(4) those that performed through malicious collusion are detrimental to
the interest of the state, a collective or a third party;
(5) those that violate the law or the public interest;
(6) economic contracts that violate the state's mandatory plans; and
(7) those that performed under the guise of legitimate acts conceal
illegitimate purposes. Civil acts that are null and void shall not be
legally binding from the very beginning.
Article 59
A party shall have the right to request a people's court or an arbitration
agency to alter or rescind the following civil acts:
(1) those performed by an actor who seriously misunderstood the contents
of the acts;
(2) those that are obviously unfair.
Rescinded civil acts shall be null and void from the very beginning.
Article 60
If part of a civil act is null and void, it shall not affect the validity
of other parts.
Article 61
After a civil act has been determined to be null and void or has been
rescinded, the party who acquired property as a result of the act shall
return it to the party who suffered a loss. The erring party shall
compensate the other party for the losses it suffered as a result of the
act; if both sides are in error, they shall each bear their proper share
of the responsibility.
If the two sides have conspired maliciously and performed a civil act that
is detrimental to the interests of the state, a collective or a third
party, the property that they thus obtained shall be recovered and turned
over to the state or the collective, or returned to the third party.
Article 62
A civil juristic act may have conditions attached to it. Conditional civil
juristic acts shall take effect when the relevant conditions are met.
Section 2 Agency
Article 63
Citizens and legal persons may perform civil juristic acts through agents
An agent shall perform civil juristic acts in the principal's name within
the scope of the power of agency. The principal shall bear civil liability
for the agent's acts of agency. Civil juristic acts that should be
performed by the principal himself, pursuant to legal provisions or the
agreement between the two parties, shall not be entrusted to an agent.
Article 64
Agency shall include entrusted agency, statutory agency and appointed
agency. An entrusted agent shall exercise the power of agency as
entrusted by the principal; a statutory agent shall exercise the power of
agency as prescribed by law; and an appointed agent shall exercise the
power of agency as designated by a people's court or the appointing unit.
Article 65
A civil juristic act may be entrusted to an agent in writing or orally. If
legal provisions require the entrustment to be written, it shall be
effected in writing. Where the entrustment of agency is in writing, the
power of attorney shall clearly state the agent's name, the entrusted
tasks and the scope and duration of the power of agency, and it shall be
signed or sealed by the principal.
If the power of attorney is not clear as to the authority conferred, the
principal shall bear civil liability towards the third party, and the
agent shall be held jointly liable.
Article 66
The principal shall bear civil liability for an act performed by an actor
with no power of agency, beyond the scope of his power of agency or after
his power of agency has expired, only if he recognizes the act
retroactively. If the act is not so recognized, the performer shall bear
civil liability for it. If a principal is aware that a civil act is being
executed in his name but fails to repudiate it, his consent shall be
deemed to have been given.
An agent shall bear civil liability if he fails to perform his duties and
thus causes damage to the principal.
If an agent and a third party in collusion harm the principal's interests,
the agent and the third party shall be held jointly liable.
If a third party is aware that an actor has no power of agency, is
overstepping his power of agency, or his power of agency has expired and
yet joins him in a civil act and thus brings damage to other people, the
third party and the actor shall be held jointly liable.
Article 67
If an agent is aware that the matters entrusted are illegal but still
carries them out, or if a principal is aware that his agent's acts are
illegal but fails to object to them, the principal and the agent shall be
held jointly liable.
Article 68
If in the principal's interests an entrusted agent needs to transfer the
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吉林市城市夜景灯饰建设管理办法
吉林省吉林市人民政府
吉林市城市夜景灯饰建设管理办法
（2004年3月30日吉林市人民政府第18次常务会议审议通过 2004年4月5日吉林市人民政府令第151号公布 自2004年5月10日起施行）
第一条 为加强城市夜景灯饰的建设和管理，促进城市现代化发展，营造优美的城市夜景灯饰环境，根据有关法律、法规的规定，结合本市实际，制定本办法。
第二条 本办法所称夜景灯饰是指独立设置和依附于建（构）筑物、山体、绿化带等用于装饰、宣传、广告等的户外光源设施、设备。
第三条 本办法适用于本市规划区内夜景灯饰的规划、建设及设施的维护、管理。
第四条 市市容管理行政主管部门是本市城市夜景灯饰的主管部门。其下设的市城市亮化管理办公室（以下简称市亮化办）负责夜景灯饰管理的日常工作。其主要职责是：
（一）根据城市总体规划制定夜景灯饰专项规划，并经批准后组织实施；
（二）组织夜景灯饰工程设计的招标与审核；
（三）组织夜景灯饰工程建设并进行监督、指导、管理；
（四）法律、法规、规章规定的其他职责。
市政公用、规划、国土、环保、交通、建设、工商、公安等部门根据各自职能，配合做好夜景灯饰的建设管理工作。
第五条 任何单位和个人均可参与夜景灯饰技术、艺术及文化的研究，推广新技术、新工艺、新材料、新光源，提倡绿色照明，营造先进的夜景灯饰文化。
第六条 下列范围必须设置夜景灯饰：
（一）位于主、次干道两侧、城市广场周边的建（构）筑物立面（住宅楼除外）和顶部；
（二）位于其它位置高度在30米以上的建（构）筑物的临街立面（住宅楼除外）和顶部；
（三）符合内透光形式设置灯光的建（构）筑物立面；
（四）城市广场、绿化带等；
（五）重要的行政区、商业街及旅游区内的广告、牌匾、橱窗、店面；
（六）城市标志性建（构）筑物；
（七）市政府指定的其他应亮化的场所。
第七条 已建成的建（构）筑物设置夜景灯饰的，必须填写《夜景灯饰设置申请表》，并提供设计方案（含工程效果图及概算）和场地使用许可证明。经市亮化办同意，依法办理土地等有关手续后，方可设置；并经验收合格后，方可交付使用。
第八条 新建建（构）筑物的夜景灯饰设置与建筑同时设计、同时施工、同时投入使用，并纳入建设工程审批及验收程序。
已建成建（构）筑物根据夜景灯饰整体规划分期组织设置。
第九条 城市夜景灯饰建设按照统一规划、专业设计、多方投资的原则进行。城市夜景灯饰工程须由具有相应资质的单位进行设计、安装和施工。
第十条 夜景灯饰建设的资金来源及建设责任：
（一）新建的建（构）筑物的夜景灯饰工程由建设单位出资建设；
（二）已建成的建（构）筑物的夜景灯饰设计、设置由业主出资。同一建（构）筑物属于多家业主的，可由业主委员会（无业主委员会的，由市亮化办负责）按照各自房屋产权确定出资额，并由市亮化办组织审查、建设；
（三）商业夜景灯饰由业主与经营使用单位协商出资建设。
政府出资建设的夜景灯饰工程根据有关规定，需要进行公开招标的，应当依法进行招标。
第十一条 夜景灯饰设施由出资建设单位维护管理。政府投资的，由市亮化办维护管理。
第十二条 夜景灯饰设施的设置单位必须采取相应的防雷、防火、防盗、防渗漏、防漏电、防光污染等安全措施，确保设施正常运行，亮灯率达到95％以上。
夜景灯饰设施的设置单位必须对其设置的夜景灯饰设施进行定期检查、踏查，排除事故隐患，确保安全。
第十三条 夜景灯饰设施的维护管理单位，应当确保灯饰功能良好，出现故障应当及时排除，出现残缺时，应当在48小时内修复。
废弃的夜景灯饰设施应当及时拆除。
任何单位和个人不得偷盗、破坏、擅自移动、拆卸夜景灯饰设施。
第十四条 夜景灯饰的开关按照市亮化办要求统一启闭。
夜景灯饰在法定节假日、大型活动期间、市政府规定的特别时间必须全部开启，开启时间为夏季19时，冬季17时，关闭时间为夏季23时，冬季22时。
商业夜景灯饰夏季应于18时开启，冬季应于16时开启，于23时关闭。
第十五条 违反本办法，有下列情形之一的，由市城市管理行政执法部门按照下列规定予以处罚。情节严重构成犯罪的，依法追究刑事责任。
（一）违反第六条规定，未设置夜景灯饰的，限期设置，逾期未设置的，处以2000元至5000元罚款，并由市亮化办组织设置，所需费用由责任单位承担；
（二）违反第七条规定，未经批准设置夜景灯饰或者验收不合格投入使用的，处以1000元至5000元罚款，经验收或复验仍不合格的，予以强制拆除；
（三）违反第八条第一款规定，新建建（构）筑物未建设夜景灯饰及未经验收而交付使用的，责令建设，并处以2000元至5000元罚款；
（四）违反第九条规定，不具有相应设计、安装、施工资质的单位建设夜景灯饰的，责令停工，限期改正，并处以灯饰工程造价5％至20％的罚款；
（五）违反第十二条规定，未采取相应措施，致使夜景灯饰无法正常运行的，责令整改，并处以1000元至5000元罚款，逾期未整改的，由市亮化办组织整改，所需费用由设置者承担；
（六）违反第十三条第一款规定，夜景灯饰设施出现故障及残缺，未在规定时间内修复的，处以100元至500元罚款，并由市亮化办组织修复，所需费用由设置者承担；
（七）违反第十三条第二款规定，对已废弃的夜景灯饰设施，责令自行拆除，逾期不拆除的，处以500元至1000元罚款，并予以强制拆除，有关费用由责任单位承担；
（八）违反第十三条第三款规定，损坏、擅自移动、拆卸夜景灯饰设施的，责令赔偿，并可处200元至2000元罚款；
（九）违反第十四条规定，夜景灯饰设施未按规定时间启闭的，责令改正，逾期不改正的，处以每次500元至1000元罚款。
第十六条 当事人对行政处罚不服的，可依法申请行政复议或提起行政诉讼。
第十七条 阻挠、妨碍、围攻、殴打执法人员依法执行公务的，由公安机关依据治安管理的有关规定予以处罚，构成犯罪的，依法追究刑事责任。
第十八条 行政执法人员滥用职权、玩忽职守、徇私舞弊的，由其所在单位或者上级主管部门给予行政处分，构成犯罪的，依法追究刑事责任。
第十九条 本办法自2004年5月10日起施行。《吉林市城市夜景灯饰和道路照明设施管理办法》同时废止。