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.
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