Provisions on Law Enforcement Disclosures by Public Security Organs

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS --THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS.

Promulgation Date: 2018-8-23
Title:公安部关于印发《公安机关执法公开规定》的通知
[Document Number]公通字〔2018〕26号
Expiration date: 
Promulgating Entities:Ministry of Public Security
Source of text: http://www.mps.gov.cn/n2254314/n2254457/n2254466/c6238002/content.html

 

Chapter I: General Provisions

Chapter II: Public Disclosure

Chapter III: Disclosure to Specified Targets

Chapter IV: Online Public Disclosure Work

Chapter V: Oversight and Safeguards

Chapter VI: Supplementary Provisions

 

Chapter I: General Provisions

Article 1: These provisions are formulated so as to standardize law enforcement disclosures by the public security organs, to promote strict regulation of just and civil law enforcement, to ensure that citizens, legal persons, and other organizations obtain law enforcement information in accordance swith law, and to to be convenient and beneficial to the people.

Article 2: These Provisions apply to the public security organs proactive disclosure of law enforcement information, as well as open online handling of matters.

Where citizens, legal persons, or other organizations apply to obtain law enforcement information, the public security organs shall handle it in accordance with the 'People's Republic of China Open Government Information Regulations'.

Article 3: Law enforcement disclosures are to obey the principles of being lawful and orderly, prompt and accurate, and convenient and beneficial for the people.

Article 4: public security organs shall employ measures to make the scope, time, and channels for law enforcement disclosures widely know to the public, to facilitating citizens, legal persons, and other organizations' obtaining law enforcement information in accordance with law.

Article 5: Law enforcement information that involves the public interest, that the public is broadly concerned about, or that the public needs to know of, shall be proactively disclosed to the public; where law enforcement information is not suitable for public release, but that involves the rights and obligations of certain targets and needs to be know by those targets, the targets shall be informed proactively or provided with inquiry services.

Article 6: Public security organs must not disclose law enforcement information that involve state secrets or police work secrets, as well as that which might impact national security, public safety, economic security, and social stability, or obstruct law enforcement activities.

Public security organs must not disclose law enforcement information involving commercial secrets or personal privacy to any citizens, legal persons, or other organizations other than the rights-holder. However, it may be disclosed upon the consent of the rights-holder or where the public security organs find that nondisclosure might create a major impact on the public interest.

Article 7: Where law enforcement information disclosed by the public security organs involves other departments, they shall confirm with the relevant departments before disclosure; and where disclosure of law enforcement information requires approval by relevant departments in accordance with relevant provisions, it shall be disclosed after approval.

Article 8: Public security organs shall conduct reviews and assessments of the law enforcement disclosures. Where law enforcement information should not be disclosed, it shall be immediately withdrawn; where law enforcement information disclosed was incorrect or has changed, it shall be immediately corrected or updated; and where after law enforcement information is disclosed it might cause, or has already caused, serious consequences, emergency response shall be taken immediately in accordance with law.

Chapter II: Public Disclosure

Article 9: Public security organs organs shall disclose the following information to the public:

(1) The public security organs' scope of authority, people's police rights and obligations, discipline requirements and professional ethics standards;

(2) Normative documents involving rights and obligations of citizens, legal persons, and other organizations;

(3) The scope of acceptance for criminal, administrative, administrative reconsideration, state compensation, and other cases, the contact information for the accepting department, the requirements for applications, the procedures and time limits for handling, legal document templates for the public, as well as the rights and obligations of parties, and channels for oversight and remedies;

(4) The right and obligations of subjects of administrative management, and channels for oversight and remedies;

(5) Facilitation and service measures related to law enforcement;

(6) The methods and ways of making reports or complaints;

(7) The names of internal and remote bodies undertaking external law enforcement tasks, as well as their duties and authority;

(8) The office address, work hours, contact methods, and contact methods for [contact] window units, as well as officer's names and numbers;

(9) Information on the set up of fixed transportation technical surveillance equipment;

(10) Information such as employment of temporary traffic measures, and the methods, location, start and finish times for traffic or venue controls.

(11) Other law enforcement information required to be publicly disclosed in accordance with laws, regulations, rules and other normative documents;

Law enforcement information listed in the in items 1-5 of the preceding paragraph may made widely known to the public by lower level public security organs through appropriate channels following its disclosure by higher level public security organs.

Article 10: Public security organs shall publicly disclose developments in the investigation or outcomes and dispositions for major cases involving the public interest or that the public is paying a high degree of attention to, as well as major policies and actions to combat illegal and criminal activities. Except, however, where disclosure might impact national security, public safety, economic security, and social stability, or impede normal law enforcement activities.

Article 11: Public security organs may publicly disclose the public security conditions in their district, traffic safety trends, safety warnings and precautions, and other such information.

Article 12: Public security organs shall incrementally disclose the effective legal documents from administrative punishment decisions, administrative reconsideration outcomes to the public. Effective legal documents from administrative punishment decisions applying the simplified procedures might not be disclosed to the public.

Article 13: In any of the following circumstances, legal documents must not be disclosed to the public:

(1) where the facts of the case involve state secrets or police work secrets;

(2) where the person given an administrative punishment or the applicant for administrative reconsideration is a juvenile;

(3) other situations where the responsible person for the organ gives permission not to disclose.

Article 14: The names of natural persons indicated in legal documents disclosed to the public shall be processed to conceal the name, preserving the family name but replacing given names with 'X' [某].

Article 15: Legal the following information in documents disclosed to the public shall be deleted:

(1) The complete residential address, work unit, family members, contact methods, citizen ID numbers, health status, vehicle license plate numbers, as well as other information of natural persons from which one could determine their identity or specific property;

(2) Information involving specific property of legal persons or other organizations;

(3) Information involving citizens' personal privacy or commercial secrets;

(4) Content in the cases facts that is harmful to public morality, as well as detailed description that might lead to commission of violations or crimes;

(5) public security organ seals or other special use work seals;

(6) Other information that public security organs find inappropriate to release.

Where deleting information in the preceding paragraph of this Article interferes with correctly understanding the document, use the symbol 'x' as a partial substitute.

Article 16: Legal documents released to the public, other than the information that should be concealed or deleted in accordance with the provisions of articles 14 and 15, shall be maintain consistency with the original documents.

Article 17: Public disclosure of law enforcement information shall be conducted within 20 business days from the date on which the information was produced or changed. Information on traffic restriction measures, traffic controls, and venue controls, that the public needs to immediately know of, shall be immediately disclosed; the jurisdictional regions' security situation, traffic safety trends, and safety alerts or precautions may be disclosed periodically. Where laws, regulations, and other normative documents have different provisions on the time period for disclosure, follow those provisions.

Article 18: Public disclosure of law enforcement information shall be conducted through Internet government disclosure platforms, and may simultaneously be disclosed through methods such as publicly announcement, publication events, official microblogs, mobile client terminals, and self-service terminals, as well as through periodicals, radio, and television, to facilitate the public's learning of it.

Article 19: Disclosure of law enforcement information to the public is the responsibility of the internal or remote body that drafted or received that information. When necessary, solicit the opinions of departments for government affairs disclosures, law, and secrecy, and get the approval of the responsible party for the organ.

Article 20: Where public security organs discover false or incomplete information that might impact, social stability or disrupt social management order, they shall, within the scope of their duties, and promptly publish accurate information to clarify it.

Chapter III: Disclosure to Specified Targets

Article 21: Where public security organs are handling criminal, administrative, administrative reconsideration, state compensation, or other such cases, or carrying out administrative management activities, and laws, regulations, rules, or other normative documents provide for specified targets to be informed of law enforcement information, it shall be implemented in accordance with relevant provisions.

Article 22: In addition to law enforcement information that specified targets are to be informed of in accordance with article 21, public security organs shall disclose the following law enforcement information through methods to provide for inquiries by victims or persons whose rights were violated that reported the case or made the accusations, or their guardians or close relatives:

(1) The name, address, and contact method of the unit handling the case;

(2) Situations such as opening a criminal case, transfer for review for prosecution, ending investigation, and withdrawal of the case; and the type of compulsory measures employed against the criminal suspects;

(3) The acceptance and handling outcomes for administrative cases.

When public security organs receive reports of a case, they shall inform the victims or persons whose rights were violated that reported the case or make accusations, or their guardians or close relatives, of the methods and channels for making inquiries into the law enforcement information provided for in the preceding paragraph.

Article 23: Provision of inquiry services for law enforcement information to specified targets shall be conducted within 5 working days of the information being produced or modified. Where laws, regulations, and normative documents have different provisions on the time period, follow those provisions.

Article 24: Provision of inquiry services for law enforcement information to specified targets shall be conducted through Internet government disclosures platforms and simultaneously conducted through means such as mobile client terminals and self-service terminals.

Article 25: Disclosure of law enforcement information to specified targets is the responsibility of the internal or remote body that drafted or obtained that information.

Chapter IV: Online Public Disclosure Work

Article 26: Public security organs shall carry out online handling of administrative management matters such as administrative permitting, registrations, and filings.

Except for matters or steps that laws, regulations, or rules provide that applicants shall go and handle matters onsite, public security organs must not request that applicants go handle matters on site.

Article 27: Disclosure for online handling shall provide the following services:

(1) Disclosing the name, basis, application requirements, application channels or methods, list of materials that must be submitted in applications, and procedures and time limits for handling of matters handled online, and providing samples and templates of application documents;

(2) Disclosing the name, basis, fee collection standards, and procedures and time limits for handling matters in administrative operational fees;

(3) Online inquiries, explanations of relevant laws and policies and matters for attention, and other commonly see issues;

(4) Online appointment making;

(5) Downloading and online completing of application documents, to bring about online applications;

(6) Online inquiries into acceptance, developments in handling, outcomes of handling, and other such law enforcement information. Where laws, regulations, rules and other normative documents provide that applicants are to be informed of law enforcement information, they shall also be so informed in accordance with the relevant provisions.

When public security organs accept an application to handle matters either online or at a reception window unit, they shall inform the applicants of the means and methods for inquiring into law enforcement information.

Article 28: Provision of inquiry services for law enforcement information on the handling of matters to applicants shall be conducted within 5 working days of the information being produced or modified. Where laws, regulations, and other normative documents provide differently, follow those provisions.

Article 29: Disclosure of online handling shall be carried out through Internet government disclosures platforms and simultaneously conducted through means such as mobile client terminals and self-service terminals.

In addition to the methods provided for in laws, regulations, rules, and other normative documents, informing applicants of law enforcement information on handling of matters may be simultaneously done through mobile client devices, phone, e-mail, and other such methods.

Chapter V: Oversight and Safeguards

Article 30: In addition to the methods provided for in laws, regulations, rules, and other normative documents, informing applicants of law enforcement information on handling of matters may be simultaneously done through mobile client devices, phone, e-mail, and other such methods.

Article 31: Public security organs shall establish procedures and mechanisms for reviews to verify and approve law enforcement disclosures, confidentiality reviews, and coordination of publication, to standardize law enforcement disclosures.

Article 32: Public security organs shall establish Internet government disclosure platforms for the uniform disclosure of that's organs' law enforcement information. Where higher level public security organs or people's governments at the same level provide uniform Internet disclosure platforms, disclosures may be through that platform.

Public security organs shall improve service functions for handling matters on Internet government websites, uniformly providing online service for handling matters. Where higher level public security organs or people's governments at the same level provide uniform Internet service vectors for handling matters, they may use that vector to provide services.

Article 33: public security organs shall promote the development of secure information interaction technology, to effectively and rapidly develop provide technological support for law enforcement disclosures.

Article 34: Public security organs shall evaluate satisfaction with law enforcement disclosures, and may use the internet disclosure platforms or government websites, mobile client terminals, self-help terminals, phone or other methods to do so, and may also do so in-person at reception window units.

Article 35: Public security organs may retain third-party establishments to conduct assessments of law enforcement disclosure conditions and improve work based on the evaluation results.

Article 36: Public security organs shall include law enforcement disclosure in the scope of law enforcement quality assessments and performance appraisals, and establish and improve mechanisms for rewards and punishments.

Article 37: Where citizens, legal persons, or other organizations feel that public security organs have not performed law enforcement disclosure obligations in accordance with provisions, they may make a complaint to that public security organ or to the public security organs as the level above.

Article 38: In any of the following circumstances, corrections shall be made immediately, and where the circumstances are serious, follow relevant provisions to address the mangers and other responsible persons:

(1) Where law enforcement disclosures were not performed in accordance with these Provisions;

(2) Where disclosed information is incorrect, inaccurately or untimely corrected, misleading or false;

(3) Where information that is not to be disclosed is disclosed and not promptly corrected;

(4) Other conduct violating these Provisions.

Chapter VI: Supplementary Provisions

Article 39:the public security offices and bureaus of all provinces, autonomous regions, and directly governed municipalities, and the public security bureau for the Xinjiang Production and Construction Corps may draft detailed implementation rules based on these Provisions together with actual local conditions.

Article 40:Disclosure of matters not touched upon in these Provisions is to be carried out in accordance with the provisions of relevant laws, regulations, rules, and normative documents.

Article 41: These Provisions are to take effect on December 1, 2018, and the "Provisions on Law Enforcement Disclosures by Public Security Organs" issues on August 18, 2012 are simultaneously abolished.

 

About China Law Translate 654 Articles
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

1 Comment

  1. Interesting changes from prior versions include additional requirement for non-disclosure where information “involves police work secrets” or “MIGHT impact national security, public safety, or economic security”. article 6. A broad range that will discourage disclosures.

    Complaint mechanisms have also lost response time requirements (article 37 vs. old 32), and oversight by higher level public security arguable reduced (article 38/32).
    More positively, rules for redaction might increase disclosures where only part of document is confidential

    Very prominent is the increased reliance on internet platforms, now requiring electronic disclosures in several places where it was previously just a possibility.
    Also encouraging is the addition of allowing 3rd party evaluation of disclosures.

Leave a Reply

Your email address will not be published.


*