Public Security Organs Provisions on Preserving the Authoritativeness of Law Enforcement Work by the People's Police (Draft)

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Article 1: These Provisions are drafted on the basis of the "People's Police Law of the P.R.C.", the "Public Security Organ Inspection Regulations" and other relevant laws and regulations, so as to ensure the public security people's police's lawful performance of their duties, exercise of rights, and to preserve the dignity of the nation's laws and the authority of law enforcement by the people's police.

Article 2: Public security police lawfully performing their duties or exercising their authority receive the protection of law, and law enforcement activities are not to be impeded or obstructed; The security of people's police, and their immediate families, in their persons and property is not to be threatened of infringed upon as a result of people's police performance of their duties or exercise of their authority; the personal of dignity of people's police and their immediate families is not to be insulted or degraded as a result of people's police performance of their duties or exercise of their authority.

Article 3: Public security organs and their people's police shall perform their duties and exercise their authority strictly in accordance with law, establishing a strict, regular, just, and civilized image of law enforcement, and increasing the credibility and authoritativeness of law enforcement.

Article 4: Public security organs at the county level or above shall establish a Committee for the Preservation of the Authoritativeness of Law Enforcement by the People's Police with the Inspector General presiding, and members from departments such as for policing policing oversight inspections and law, policing safeguards, Government human resources, news and publicity, and law enforcement and case handling.

The office of the Committee for the Preservation of the Authoritativeness of Law Enforcement by the People's Police is to be established in the policing oversight inspections department, and is specifically responsible for coordinating oversight of cases of infringement on the authoritativeness of law enforcement by the people's police, accepting and investigating related applications and collateral appeals by people's police, and providing remedies, restoration of reputation, loss recovery for people's police that have suffered an infringement.

Article 5: The public security organs, with the judicial organs and publicity departments and so forth, shall establish coordination and connectivity mechanisms for efforts to preserve the authoritativeness of law enforcement by people's police, and strengthen communication and coordination in work.

Article 6: Public security organs may use methods such as hiring legal consultants or full-time lawyers, to provide legal services to people's police in the lawful performance of their duties and exercise of their authority, and to strengthen legal safeguards for efforts to preserve the authoritativeness of law enforcement by people's police.

Article 7: Public security organs shall establish and improve mechanisms for publishing news to preserve the authoritativeness of law enforcement by people's police, with the policing oversight inspections department, together with the departments for publicity, law, and so forth, promptly releasing relevant information and responding to social concern and strengthening popular legal education.

Article 8: Where people's police suffer and of the following situations in the course of lawfully performing their duties or exercising authority, or as a result of doing so, the public security organs shall actively preserve the authoritativeness of law enforcement by the people's police:

(1) was violently attacked;

(2) was struck, rolled, dragged, or hit by a car;

(3) was heckled or harassed by a crowd, surrounded and contained, charged or obstructed;

(4) had property seized, was torn at, pulled, pushed, or otherwise infringed upon;

(5) they or their immediate family was threatened, intimidated, insulted, defamed, or harassed;

(6) they or their immediate family was falsely accused or attacked in revenge;

(7) was subject of malicious complaints, or stirring up trouble;

(8) they or their immediate family's privacy was encroached upon;

(9) was erroneously pursued for liability or suffered an unfair disposition;

(10) other situations where the authoritativeness of law enforcement was encroached upon.

Article 9: Where the perpetrator's conduct encroaching on the authoritativeness of law enforcement by the people's police constitutes a crime, criminal responsibility is pursued in accordance with law; where a crime is not constituted, but a violation of the administration of public security is constituted, a public security administrative sanction is to be given in accordance with law.

Where people's police suffer harms to their persons or property from the perpetrator's conduct, the public security organs shall support the people's police in preserving their lawful rights and interests through channels such as initiating an civil suit attached to criminal proceedings or a[separate] civil proceeding.

Public security organs handling criminal or public security administration cases infringing on the authoritativeness of the law enforcement by people's police, are to apply provisions on recusal in the "Criminal Procedure Law", "Public Security Administrative Punishments Law" and the "Peoples Police Law"

Article 10: Where people's police themselves, or their immediate families, suffer intimidation and threats, provocation and harassment, being followed, or infringements of their person or property due to their lawful performance of their duties or exercise of their authority, the public security organs where they are located and that have jurisdiction shall promptly employ protective measures and lawfully pursue the legal responsibility of the perpetrator.

Article 11: Where people's police are unlawfully infringed on the scene of their law enforcement duty, the people's police and their department, shall lawfully employ measures to stop the infringement and immediately report to the command departments for their public security organs. The public security organs' command departments shall quickly organize forces to handle it, and simultaneously report to the policing oversight inspections departments. The policing oversight inspections departments are to dispatch personnel to the scene to preliminary investigate the situation, assist in controlling the situation, and oversee disposition in accordance with law.

Article 12: Public security organs shall coordinate with medical and health establishments to establish mechanisms for emergency care clear channels for people's police that are injured in the line of duty, providing prompt and effective medical treatment to injured people's police.

Article 13: When public security organs handle criminal or public security administration cases infringing on the authoritativeness of law enforcement by the people's police, based on the complexity of the situation and the seriousness of the consequences cause, the law department shall, in light of the circumstances, enter the case earlier, strengthen audits and reviews, and conduct guidance on the characterization fo the case, the collection of evidence, and the disposition, to ensure that the facts of the case handling are clear, the evidence is conclusive, the procedures are lawful, and the law is correctly applied.

Article 14: Where people's police performance of their duties or exercise of their authority in accordance with legally-prescribed requirements and procedures, causes harm to the lawful rights and interests of citizens, legal persons, or other organizations, the people's police do not personally bear lawful responsibility; and the public security organs they belong two are to subsidize the harms caused in accordance with relevant state provisions.

Article 15: Public security organs shall strictly follow laws and regulations to pursue responsibility for fault in law enforcement People's police must not be given dispositions or punishments such as being relieved from duty or confined,, or dismissed, demoted, removed or sanctioned, for reasons other than those legally prescribed and in accordance with legal procedures.

Public security organs organs must not be impacted by stirring up public opinion, petitioning and complaints, or other human factors, inappropriately or covertly pursuing people's police's responsibility, to make the disposition more severe.

Article 16: Based on the facts, circumstances, and consequences of the conduct, comprehensively considered with objective factors and an objective assessment of the nature of people's police's conduct, the public security organs shall distinguish between fault, flaws, and accidents, and make determination of responsibility in accordance with laws and regulations.

对于民警依法履职尽责,受主观认知、客观条件、外来因素影响造成一定损失和负面影响的行为或者出现的失误,以及民警违法违规履职造成危害后果后,及时发现并主动纠正错误,积极采取措施避免或者减轻危害后果与影响的,公安机关应当从轻、减轻或免于追究民警的责任,或者向司法机关提出从轻、减轻或者免于追究民警刑事责任的建议。

Article 17: Where there is controversy as to issues such as whether people's police's conduct was lawful performance of duties or exercise of authority, or whether there was fault in law enforcement, the Committee for the Preservation of the Authoritativeness of Law Enforcement by the People's Police shall organize professional personnel to form an experts group to conduct a review, and issue written opinions on the debate that will be a major basis for consideration in the public security organs' internal determination of responsibility. Where disciplinary inspection organs or judicial organs enter an investigation, the public security organs shall promptly provide them with the opinions on the debate, and strengthen communication.

Article 18: Where people's police receiving a major demerit or higher sanction due or are dismissed due the lawful performance of their duties or exercise of authority, have objections and submit a collateral appeal, the Committee for the Preservation of the Authoratativeness of Law Enforcement by the People's Police for the public security organs where the people's police are located shall hear the party police officers' statements and defenses, and conduct a comprehensive review of the facts, grounds, basis, and procedures, and where finding that the disposition decision is improper, shall provide a review comment to the department that made the decision. The disposition of people's police must not be increased, or revenge covertly taken, due to their making a collateral appeal.

Article 19: When people's police are investigated by disciplinary inspection organs or judicial organs due to their performance of duties or exercise of authority, or when otherwise necessary, public security law department and the legal consultants or full-time lawyers hired by public security organs shall provide necessary legal cooperation in the investigation and handling of the matter.

Article 20: Where people's police feel that they have been infringed upon due to their lawful performance of duties and exercise of authority, the people's police, as well as their immediate families or their units, may submit an application for preservation of the authoritativess of law enforcement to the public security organs' departments for policing oversight inspections; in ordinary situations, the application shall be submitted in written form, but may be submitted orally in emergencies.

Policing oversight inspection departments that, in the course of work, discover situations or leads on infringements on the authoritativeness of law enforcement by the people's police, shall proactively initiate the relevant working procedures.

Article 21: Where in the course of handling infringement on the authoritativeness of people's police's law enforcement, the policing oversight inspections departments find that handling shall be coordinated with the policing oversight inspections department of the public security organs at the level above, they may request that the policing oversight inspections department of the public security organs at the level above coordinate the handling.

The policing oversight inspections department of the public security organs at the level above may order a lower level public security organs department for policing oversight inspections to conduct an investigation of specific matters, or when necessary may directly carry out an investigation.

Article 22: Where people's police receive an unfair internal disposition in the public security organs due to the lawful performance of their duties or exercise of their authority, the policing oversight inspections departments are to urge the relevant department to make corrections in a set period of time.

Article 23: Where as a result of their lawful performance of duties or exercise of authority, people's police receive complaints, are framed or defamed, insulted, maliciously 'stirred up' or incorrectly reviewed and investigated or pursued for responsibility, the relevant departments are to make corrections, and the department for policing oversight inspections shall issue a rights protection legitimation certificate to the party people's police in a public fashion, and clear up the facts and dispel impact in a certain range. Where people's police are given internal sanctions or dismissed, public security organs shall promptly revoke the relevant decision and resotre the people's police's professional status, and original title and rank.

Article 24: public security organs shall establish a system of bereavement payments for preservation of the authoritativeness of people's police law enforcement, standardizing approvals and managing its use. The public security organs to which people's police belong, and their departments for government employee affairs, and for policing oversight inspections' responsible persons shall present bereavement payments to people's police who are infringed upon as a result of lawfully performing their duties or exercising their authority.

Article 25: Public security organs shall recruit specialized personnel to carry out psychological intervention and therapy, relieving and easing psychological stress and burdens when necessary, for people's police that have been infringed upon due to the lawful performance of their duties or exercise of their authority, and their immediate families.

Article 26: Public security organs shall frequently carry out training on commonly used laws and regulations, and education on safety prevention concepts; strengthen training on the police use of personal and armed defense techniques, as well as on handling common policing situations, regulating police on scene conduct, and increasing defense and handling capacity.

Article 27: public security organs shall strengthen analysis and research on rules and characteristics of conduct infringing on the authoritativeness of law enforcement by people's police, assessing law enforcement risks, and strengthening security guidance, precautions and prevention.

Article 28: In any of the following circumstances, pursue the responsibility of relevant leadership and responsible parties in accordance with law:

(1) where not implementing systems, not giving sufficient safeguards, or command errors, causes infringement of the authoritativeness of law enforcement by people's police;

(2) Where relative situations aren't reported to the public security organs at the level above as required;

(3) Where redress and remedial measures are not promptly employed;

(4) Where handling of cases of infringement on the authoritativeness of law enforcement by the people's police is obstructed or disrupted;

(5) Where serious impact is caused by sluggish work or stalling, to the handling of cases of infringement on the authoritativeness of law enforcement by the people's police;

(6) where perpetrators of conduct infringing on the authoritativeness of law enforcement by the people's police is not address, in violation of laws and regulations;

Article 29: Where public security people's police encounter emergency situations within the scope of their duties during work hours, and suffer unlawful infringements while carrying out preliminary disposition based on the on-scene circumstances, the public security organs are to follow these measures to preserve the authoritativeness of law enforcement.

Article 30: 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.

Article 31: Where auxiliary police personnel suffer unlawful infringement while assisting people's police in the lawful performance of their duties or exercise of their authority, apply these provisions by reference in carrying out relevant work.

Article 32: These Provisions are to take effect on 2018/x/x. Where Provisions formulated by the Ministry of Public Security prior to the promulgation of these Provisions are inconsistent with these Provisions, these Provisions are to prevail.

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