Police Law of the PRC (Draft Revisions)

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Source: http://www.MPs.gov.CN/n2254536/n4904355/c5561673/content.html

Since 2014, the Ministry of Public Security has made revising the "Police Law" a key project in deepening public security reform, striving to promote amendment effortsn the basis of the Center's decision and deployment for the comprehensive deepening of public security reforms, and so as to regulate and ensure the lawful performance of duties and exercise of powers by public security organs and their people's police, to strengthen the oversight of people's police, and to build a high-quality police corps.

So as to ensure the public's rights to know and participate, to broadly pool social consensus and wisdom, to make legislation more scientific, and to increase the quality of legislation, the "People's Republic of China Police Law" (Draft Revisions) are hereby released to the public to solicit comments.

The public may log on to the Ministry of Public Security website (URL: http://www.MPs.gov.CN) to review the revision, and comments and suggestions may be sent by e-mail before December 31, 2016 to: gabggb@126.com, jingchafa@126.com。

Ministry of Public Security

December 1, 2016

People's Police Law of the People's Republic of China

(Draft Revisions)

Chapter I: General Provisions

Article 1: (Legislative Purpose)

This law is formulated on the basis of the Constitution, so as to regulate and ensure the lawful performance of duties and exercise of powers by public security organs and their people's police, to strengthen the oversight of people's police, and to build a high-quality police corps.

Article 2: (the concept of public security organs and people's police)

“Public security organs” as used in this law, refers to administrative organs of people's governments at the county level or above with authority over public safety work and people's police.

"People's police" as used in this law, refers to personnel performing administrative public security law enforcement and criminal justice duties in public security organs, who have been awarded the police rank of people's police.

Article 3: (the mission of public security organs)

The mission of public security organs is to preserve national security and public safety; to maintain public order and social stability; to protect the lawful rights and interests of citizens, legal persons, and other organizations; to protect public property; and to prevent, stop, investigate, and punish unlawful and criminal activities.

Article 4: (Division of public security powers)

The division of public security powers is into Central public security powers, local public security powers, and public security powers shared between the center and localities.

The State establishes a public security organ management system corresponding to their powers, and system for ensuring people's police.

Article 5: (Basic principles of establishing a police corps)

The establishment of a people's police corps shall persist in political establishment of police, police of high caliber, strictly governing police, and giving preferential treatment to police.

People's police must be loyal to the Communist Party, loyal to the State, loyal to the people, and loyal to the Constitution and laws.

Article 6: (The principle of combining specialization with the masses)

Public security organs must persist in bringing specialized work together with the mass line, completing mechanisms for public order mobilization, bringing about a public order where the masses carry out prevention and governance, and promote the socialized public order governance.

People's police must maintain close contact with the people, listen closely to the people's opinions and recommendations, accept supervision by the people, and wholeheartedly serve the people.

Article 7: (The Rule of Law Principle)

People's police must have the Constitution and laws as their code of conduct, respect and protect human rights, and strictly prohibit abuses of power and exceeding authority.

People's police implementing compulsory procedures that restrict physical liberty shall strictly comply with the requirements and procedures provided by law.

Article 8: (the Principle of balanced exercise of powers)

People's police exercise of powers shall be appropriate for the type, degree, and scope of harm that has already occurred or might be caused; where there are a variety of measures that might be chosen, the measure that causes the smallest harm to citizens, legal persons or other organizations lawful rights and interests should be selected to the extent possible.

Article 9: (Protection in the performance of duties)

People's police lawfully carrying out their duties receive the protection of law, and all organizations and individuals shall support and cooperate with them, and must not interfere with, refuse, or obstruct them.

Article 10: ( State protection of the rights and interests of people's police)

The State protects and preserves the lawful rights and interests of people's police.

Article 11: (Government Safeguard Responsibilities)

All levels of people's government shall provide guarantees for public security organs and their people's police's lawful performance of their duties.

 

Chapter II: Duties and Powers

 

Article 12: (Scope of Duties)

Public security organs lawfully perform the following duties:

(1) Prevent, stop, and investigate criminal activity;

(2) detain, supervise, and manage criminal suspects and defendants, enforce criminal punishment, and enforce compulsory treatment;

(3) Preserving national security and social stability; preventing and combating terrorism;

(4) Preventing, stopping and investigating conduct in violations of the administration of public security;

(5) supervising persons given administrative detention or who are subject to compulsory measures restricting physical liberty, and implement isolated compulsory drug treatment;

(6) Implementation traffic safety and management;

(7) Supervision and management of fire fighting efforts;

(8) Management of firearms and munitions, controlled instruments, flammable and explosive items, radioactive materials, and other such dangerous items or materials; management of precursor chemicals;

(9) Manage industries and venues as provided by laws, regulations, and rules;

(10) Manage assembly, procession, and demonstration activity;

(11) Mediate and handle disputes among the people;

(12) Guide and supervise internal security work at units;

(13) Guide the public security preparedness efforts of mass organizations such as the Public Security Committee;

(14) be responsible for safety management efforts at large-scale mass activities;

(15) Supervise and manage security service activities;

(16) be responsible for the operation, safety and management of police-use aviation;

(17) Administration of residency, citizenship, refugees, and border crossings; administration of matters relating to foreigners residing in China, and administration of foreign NGOs active in China.

(18) Maintain public order along in border (frontier) regions, and in coastal and maritime regions;

(19) Guard persons, targets, and activities designated by the State;

(20) Guard important places and facilities;

(21) Supervise and manage information network security efforts.

(22) Carry out international law enforcement cooperation, and participate in U.N. peacekeeping actions;

(23) other duties provided by laws and administrative regulations.

Article 13: (Crisis Rescue)

Public security organs receiving emergency aid calls that endanger public safety, personal safety, or property safety, such as drownings, falls from buildings, suicides,or missing persons; shall immediately conuduct initial disposition, and concurrently report to the relevant departments, and actively participate in the rescue.

Off-duty people's police that encounter the situations provided for in the preceding paragraph or emergency circumstances within the scope of their duties, shall employ initial disposition measures based on the situation at the scene, and when necessary, promptly report or request support.

Article 14: (internal assistance obligations)

Public security organs of local people's governments shall lawfully perform their duties within that administrative region.

Public security organs have an obligation of mutual assistance, and where it is necessary for the performance of duties to request the assistance or cooperation of another region's public security organs, the relevant public security organs shall follow provisions to give the support or cooperation.

Article 15: (External policing assistance)

Where other State organs encounter circumstances impeding their lawful performance of duties that they cannot eliminate themselves, and they request assistance from the public security organs, the public security organs shall provide support within the scope of their legally prescribed duties. Except in emergency circumstances, the organ requesting assistance should submit a written application. Where they do not provide assistance, they shall explain the reason.

Article 16: (ID checks)

As necessary for the performance of duties, people's police may lawfully inspect resident identity cards or other identity documents.

Article 17: (administrative compulsion and administrative punishment)

Public security organs may lawfully implement administrative compulsory measures, administrative punishments, or other measures provided for by laws and administrative regulations, against citizens, legal persons, and other organizations, that violate public security administration management laws.

Where after public security organs lawfully make an administrative decision, citizens, legal persons or other organizations do not perform their obligations during the time set forth in the decision, the public security organs may compel performance by adding additional fines or late fees, auction or lawfull dispose of sealed or seized venues, facilities or property; and eliminate obstacles, restore original conditions, as well as performing on their behalf.

Article 18: (summons)

When the people's police need to summon for investigation a person who has breach of public security administrative laws or administrative regulations, it requires approval by the responsible person of the public security organ handling the case, and shall be done by subpoena. People's police can summon verbally persons found at the scene who have violated public security administration laws and administrative regulation by showing their work certificate, but it should be noted in the inquiry transcripts. When making summons, the person being summoned shall be informed of the reason, basis, and location for the summons. For persons who refuse to receive the summons without legitimate reasons or who try to avoid summons, summons may be compulsory.

After people's police summon a violator, they shall promptly question them for verification, and the period for questioning must not exceed 8 hours; where the situation is complex, and administrative detention might be used or it is suspected of constituting a crime, the period questioning for verification must not exceed 24 hours.

Article 19: (On-scene disposition)

People's police may give warnings or stop those who disrupt social order or harm public safety; and may compel dispersal or departure from the scene, or employ other methods provided by law, where a serious harm or threat might be caused.

Article 20: (questioning and inspections)

After presenting their identification, people's police may make on scene inquiries of persons suspected of breaking the law or committing crimes, and inspect their person, items they are carrying, and vehicles they are using; where they refuse to cooperate, inspections may be compulsory.

Article 21: (continuing questioning)

Where after police question and inspect a person suspected of unlawful or criminal acts with any of the following circumstances, they cannot exclude the suspicion that they broke the law or committed a crime, they may bring them to a public security organ and continue questioning and upon approval of the responsible person at a police substation or county-level of higher public security organ:

(1) they have been accused of criminal conduct;
(2) they are suspected of having broken the law at the scene;

(3) the are suspected of breaking the law and their identity is unclear;

(4) Items they carried or used might be contraband or stolen goods.

The period for continued questioning is not to exceed 24 hours from when the person subject to questioning is brought to the public security organ, but this may be extended to 48 hours in special situations upon the approval of the responsible person at a public security organs at the county level or above, and a record shall be kept of the questioning. Continued questioning must not exceed four hours from when the person subject to questioning is brought to the public security organ, where they are a pregnant woman, a woman currently nursing her own child who is under 1 year old, a juvenile who is not yet 16 years old, or a senior who is already 70 years old.

Where continued questioning is approved, their close relatives or workplace shall be promptly informed , unless there is no way to inform them. Where continued questioning is not approved, the person being questioned shall be released immediately.

Article 22: (inspections and searches)

As needed to perform their duties, and upon presentation of their professional identification and inspection or search documents, people's police may conduct inspections or searches of places, items, or people related to the suspected violations or crimes; where there is a true need to immediately conduct an inspection or search, an on-scene inspection or search may be done upon presentation of their professional identification; where the person being inspected or search refuses to cooperate, the inspection or search may be compelled.

Inpsections or searches shall be upon approval by the responsible person for a public security organ at the county level or above, except where there is true need to immediately carry them out.

When stopping unlawful and criminal acts, capturing persons suspected of breaking the law, or other emergency, circumstances of protecting the safety of persons or property, people's police may enter citizens' residences for inspections and searches, or carry out rescues after presentation of their professional identification, but shall promptly report to the responsible person for a public security organ at the county level or above after the incident.

Article 23: (Stopping vehicles for inspections)

People's police have the authority to stop vehicles that endanger public safety, physical safety,or that they think are involved with violations or crimes; drug or alcohol testing may be conducted of drivers suspected of using drugs or drinking. Drivers and passengers shall comply with people's police's instructions.

Article 24: (bodily inspections and collection of biological information)

People's police may inspect the bodies of those suspected of breaking the law and collect personal identification information such as facial images, fingerprints, voice-prints, and iris images; and biological samples such as blood, saliva, urine and hair samples. Where the persons suspected of breaking the law refuses inspections, or collections it may be compelled.

Article 25: (Reading and collection of gathered information)

As necessary for performance of duties, people's police may follow the relevant state provisions read or collect information related to citizens, legal persons, and other organizations, as well as use technological surveillance measures to gather information on public venues, roads, and public network spaces. The relevant information obtained shall be prudently kept and used, and must not be used for matters unrelated to the performance of duties.

Article 26: (adopting criminal measures)

As required for the investigation criminal activity, people's police may lawfully employ investigatory and compulsory measures.

The adoption of technological investigatory measures shall be on the basis of relevant national provisions, and on performance of strict approval formalities.

Article 27: (Priority in performance of duties)

As urgently required for performing duties and upon presentation of professional identification, people's police may have priority use of public transportation when encountering traffic obstructions.

As required for the performance of duties, people's police may have priority in use or exprapriation citizens, legal persons, and other organizations' vehicles, communication devices, venues, buildings, and other such goods and facilities, and shall promptly return them or restore them to original condition after use, and follow relevant national provisions to make appropriate payments; where harms are caused, they shall be compensated in accordance with law.

Article 28: (protective restraining measures)

The people's police may employ protective restraining measures against people who are carrying out unlawful or illegal conduct endangering public safety, the safety of others' persons or property, or persons under the influence or alcohol or drugs, persons with mental disorders, and other persons who have lost the ability to recognize or control their conduct; send them to medical establishments, aid establishments, or notify their guardians or immediate family members to take them.

Where it is necessary to send someone to a designated medical establishment or aid establishment, approval shall be requested from the public security organ at the county level or above. Unless there is no way to do so, their guardians or close family members shall be promptly contacted.

Article 29: (on-site traffic and network controls)

In the event of natural disasters, accidents, public health incidents, public security incidents, or imminent risk of the occurrence of these disasters, public security organs of people's governments at the county level or above may, within a designated area and time, set up roadblocks or designate prohibited areas, restricting or prohibiting people and vehicles from travelling, stopping, exiting or entering, or employ other traffic or site controls. When necessary, network controls may be implemented upon the approval of the public security organ at the provincial level or above.

The measures in the preceding paragraph may be employed when holding big activities or large-scale public events or when protecting persons or targets designated by the State, and may also implement security checks, personal inspections and electronic seals.

Article 30: (use of police implements)

When encountering threats to national security, public safety, public order, physical safety, or property safety, that must be stopped at the scene, as well as violent resistance or obstruction of the people's police's lawful performance of their duties, or attacks on people's police ; the people's police may use police removal or control devices.

When encountering persons suspected of breaking the law or persons in custody who might escape, act violently, commit suicide, injure themselves, or commit other dangerous conduct, people's police may use restraint devices.

Article 31: (Use of weapons)

In any of the following circumstances, people's police may use weapons, after warnings are ineffective:

(1) Where they resist arrest or flee while or after perpetrating acts that seriously endanger national security or public safety;

(2) Where they resist arrest or flee while or after perpetrating acts that seriously endangering others lives;

(3) Where a detained criminal suspect, defendant, or convict causes disturbances, riots, is violent, escapes, or robs those described here, or assists in perpetrating the conduct described here;

(4) Where subjects and targets designated by the State for guarding, escort, or protection are violently attacked or destroyed, or where there is imminent harm of their being attacked or destroyed.

(5) Where violence or dangerous means are used to resist or obstruct the people's police in the lawful performance of their duties or violent attack on people's police, endangering police lives.

Where weapons are used in accordance with the preceding paragraph, and there is not time to give warnings or where giving warnings could result in more serious harmful consequences, weapons may be used directly.

Weapons may be used directly to intercept vehicles that endanger public safety or people's physical safety that do not heed people's police's orders to stop, or to eliminate the threat to physical safety from attacking animals.

When people's police who are carrying weapons encounter a perpetrator of unlawful or criminal conduct who refuses to heed those officers' order to maintain a safe distance, or make contact with their weapon, they have the right to use weapons in accordance with item (5) of the first paragraph.

Article 32: (Situations where weapons must not be used)

In any of the following circumstances, people's police must not use weapons, except where not using weapons to stop it would cause the occurrence of an even greater harm:

(1) The person perpetrating the crimes is a clearly pregnant women or a child;

(2) The person with criminal conduct is in a location with many people, or in a place where there are large quantities of flammable, explosive, poisonous, radioactive, or other dangerous materials.

Article 33: (Situations where the use of weapons is to stop)

In any of the following circumstances, people's police shall immediately stop using removal or control devices or weapons:

(1) The person with unlawful or criminal conduct stops perpetrating the unlawful or criminal conduct and obeys the people's police's orders;

(2) The person with unlawful or criminal conduct loses the ability to continue attacking, resisting arrest, or fleeing.

Article 34: (Use of on-site tools)

Where people's police encounter situations where they may use police gear and police weapons, but they are not carrying them on them or they have no means to effectively use their police gear or police weapons, they may use articles/objects at the scene that are sufficient to stop the criminal from breaking the law.

Article 35: (necessity limitation principle for the use of police gear and police weapons)

People's police shall rationally determine the necessary limitations for the use of police gear and police weapons based on the conduct of the criminal who is violating the law, and the nature, degree and urgency of the risk posed by the criminal who is violating the law, and to the greatest extent possible shall avoid or reduce personal injuries and damage to property.

Article 36: (procedures for investigating and reporting on the use of police gear and police weapons)

Where people's police use police gear, or police weapons, and it causes personal bodily injury, they shall promptly provide urgent treatment, and shall immediately provide a report to the public security organs in the area or the organ to which they belong.

Once a public security organ receives a report of the use of a police weapon causing injury, it shall promptly undertake an investigation, and shall promptly notify the local people's procuratorate.

 

Chapter III: Organizational Management

Section 1: Organizational Management

Article 37: (fundamental principles and requirements)

The State follows the principles of unified leadership, stratified management, integrated power and responsibility, and distinct powers; to establish a management system for public security organs that is unified and efficient, has scientific functions, is rationally structured and can ensure force.

Article 38: (The division of public security powers between central and local government)

Public security organs' national security defense, foreign NGO administration, antiterrorism, border management, entry and exit administration, handling of major criminal cases that cross international or provincial borders, enforcement of criminal punishments, international law enforcement cooperation, as well as security for specified state personnel, objectives, and activities, are central public security powers.

The division of public security powers into local public security powers, Central public security powers, and public security powers shared between the center and localities, is to be determined by the public security departments under the State Council, together with other relevant departments.

Article 39: (institutions, personnel deployment, and human resource management)

Organizations, deployment, and human resources management measures related to the division of public security organs' powers,are to be separately drafted by the State.

Article 40: (Special Forces for Emergency Response)

The State establishes Special People's Police forces for emergency response that are under the uniform management of the State Council's Ministry of Public Security.

Article 41: (Function Positioning)

The public security departments under the State Council have primary responsibility for nation's public security efforts, and are the leadership and command organ for the nation's public security efforts, and the organ for enforcement of the Central Authority's Public Security Powers.

the public security organs of local people's governments at the county level or above are responsible for the public security efforts of that administrative region, under the leadership of the the public security organ at the level above and the people's governments of that level, and are the leadership, command, and enforcement organ for that administrative region's public security efforts.

Article 42: (Institutional Set-up)

The public security organs of people's governments at the county level or above are set up in accordance with the authority and procedures provided by laws and administrative regulations.

The public security organs of people's governments at the county level or above may base a special body in relevant units as provided by laws and administrative regulations.

Article 43:(set up of public security sub-bureaus and police substations)

The public security bureaus of districted cities set up public security sub-bureaus as needed for their work. Municipal, county, and autonomous county's public security bureaus establish public security police substations as needed for their work.
Public security sub-bureaus and public security police substations are directly managed by the public security organs that set them up.

The establishment and disbandment of public security sub-bureaus and public security police substations is to be reviewed and approved in accordance with provided authority and procedures.

Article 44:(Institutional Setup)

The internal institutional setup of public security organs of local people's governments at the county level or above shall comply with the principles of streamlining, effectiveness, and legality.

Article 45:(Leadership appointment and removal)

Nominations for leadership positions at public security organs of local people's governments at the county level or above, shall first obtain the consent of the public security organs at the level above; the appointment and removal of deputy leadership, shall first seek the views of the public security organs at a higher level.

Leadership of the public security organs of local people's governments at the county level or above practice a system of communication with other areas.

Article 46:(Appointment and removal of internal institutional personnel)

The appointment and removal of police officers, police personnel, and policing technology posts in the internal institutions of public security organs is decided on by or reported for approval from that public security organ in accordance with provisions on the scope of authority for cadre management.

The appointment and removal of leadership members at public security sub-bureaus and of police officers or policing technology perssonnel positions at police substation, is decided on by or reported for approval from the public security organ creating the sub-bureau or police substation in accordance with provisions on the scope of authority for cadre management.

Article 47: (Mobilization and Use of Police)

Public security organs shall persist in lawful, standardized, and rational use of police.

The mobilization and use of police forces shall strictly comply with the provided scope of authority and procedures.

 

Section 2: Personnel Management

Article 48: (Categorical Management)

The State carries out categorized management of the people's police on the basis of the police's characteristics and management needs, and establishes a management system different than that for other officials.

The State is to establish specialized systems for the sequence of professional titles and for promotion through ranks for people's police.

Article 49: (Ranking Systems)

People's police implement a system of ranks.

The Ministry of Public Security under the State Council is in charge of work on rankings of people's police, determining the range and requirements for review of ranks.

Article 50: (dress code)

The people's police shall dress in accordance with provisions, wear police insignia, and maintain dignified and tidy appearance and conduct.

Article 51: (Recruitment Requirements)

People's police shall have the following requirements to be recruited:

(1) Be citizens who are at least 18 years-old;

(2) Uphold the Constitution of the People's Republic of China;

(3) Have good political and professional character, and moral fiber;

(4) Have psychological character and physical capacity to perform duties;

(5) Have received a high-school diploma or higher;

(6) Voluntarily engage in people's police work;

(7) Have received training and passed examination at a people's police institute or school, or at a specialized training establishment.

Those with any of the following circumstances, must not be recruited as people's police:

(1) those who have previously received criminal penalties for having committed a crime;

(2) Those who have dismissed, relieved, or temporarily removed from public employment;

(3) Other circumstance that the State has provided must not be recruited as people's police.

Article 52: (Requirements for Serving in Leadership Posts)

Personnel serving in leadership positions for the people's police, shall also meet the following conditions, except where they meet the requirements of article 51 of this Law.

(1) Have specialized knowledge related to the position;

(2) Have experience in political-legal work, and stronger organizational, management, and command abilities;

(3) Have an associates level degree or higher;

(4) Complete and pass police school in-job trainings;

Article 53: (recruiting and training)

The State is to establish systems for recruitment and training that suited to the characteristics of police forces.

The hiring of people's police shall carry out uniform recruitment, open registration, classified recruitment, strict evaluation, and merit based recruiting. Specialized talent required for work may be recruited by special methods.

The hiring organ shall strictly investigate potential hires, and when necessary may conduct investigations of their family members and primary social relations.

Article 54: (Set up of Police Schools and Academies)

The State develops the education of people's police, strengthening the establishment of police schools and academies.

People's police schools and academies undertake training of reserve personnel, in-job training of people's police, and research on policing.

Article 55: (probationary officers)

Public security majors in people's police schools and academies carry out a probationary police officer system.

Public security majors in people's police schools and academies carry out police-style administration, and the state bears all their necessary expenses during school, such as for studies, training, livelihood, and medical care.

Where public security majors in people's police schools and academies, who are participating in policing internship activities, are injured, disabled or give their lives on duty, they enjoy the pension and other benefits of the people's police.

Where public security majors of people's police schools and academies are hired as people's police after graduation, they shall sign an agreement on the minimum years of service with the hiring organ, in accordance with provisions. Where public security majors of people's police schools and academies are hired as people's police after graduation, they shall sign an agreement on the minimum years of service with the hiring organ, in accordance with provisions. Where they are not hired as people's police or do not complete their years of service, the fees in the preceding paragraph shall be returned.

The specific measures for this article are to be drafted by the relevant departments of the public security departments under the State Council.

Article 56: (education and training)

The public security organs have responsibility for education and training of people's police, and shall strengthen the establishment of career development plans for people's police, conduct professional education and training in a planned way, and ensure that people's police have the knowledge, skills, and character to perform their legally prescribed duties.

People's police have a right and a duty to education and training in knowledge and skills necessary to perform their duties.

The public security organs establish a testing system for law enforcement qualification levels and special skills assessments.

Article 57: (Training in the use of police implements and weapons)

The Ministry of Public Security under the state council, together with relevant departments, is to formulate training and evaluation criteria for people's police use of police implements and weapons. Police use of weapons shall be upon an appropriate competency test, and qualifying through specialized training.

People's police that cause injuries or deaths through the use of police implements or weapons shall promptly go through psychological counseling to relieve stress.

Article 58: (Oath)

An oath shall be taken to serve as people's police.

Article 59: (professional ethics)

People's police shall abide by the professional ethics of being loyal and dependable, dedicated to the people, impartial in enforcing the law, honest and upright; to bravely act, willing to give, fearless in the face of danger, and showing solidarity and collaboration.

Article 60: (professional honors system)

The State establishes a system of professional honors for people's police.

Article 61: (commendations and awards)

Where groups or individual people's police have outstanding work performance, significant accomplishments, or special contributions, they shall be given commendations and awards. People's police that receive awards may given early promotions in rank, and given a set material reward.

Article 62: (professional discipline)

People's police must not exhibit the following conduct in violation of discipline:

(1) Spreading speech that is harmful to the reputation of the Party or State;

(2) Participating in unlawful organizations; participating in activities such unlawful gatherings, protests, demonstrations; or participating in strikes;

(3) Leaking state secrets, police work secrets, commercial secrets, or individuals' private information;

(4) Playing with the truth or concealing case facts, harboring or permitting unlawful or criminal activity;

(5) using police devices or weapons in violation of rules;

(6) extorting confessions by torture or using corporal punishment, abusing those suspected of breaking the law or those in detention;

(7) unlawfully depriving or restricting personal freedom, unlawfully inspecting or searching persons, items, or places;

(8) Blackmail, soliciting or receiving the hospitality or gifts of parties and their representatives;

(9) Unlawfully implementing sanctions, employing compulsory measures, processing licenses, or accepting fees;

(10) dereliction of duty or not performing legally prescribed obligations;

(11) accept the employment of any individual or organization;

(12) engage in for-profit business activities;

(13) other actions in violation of discipline or law.

Article 63: (working hours and vacation systems)

The State establishes a system of work hours and vacations appropriate to the professional characteristics of the people's police.

Where people's police work overtime beyond the legally prescribed work hours, they shall be given appropriate compensation time; where compensation time is not possible, they shall be given overtime compensation pay.

Article 64: (service year limits and retirement)

The State separately provides for different limits on years of service and maximum ages based on different posts and functions in the people's police.

people's police engaged in front-line on-duty law enforcement work for 25 years, or in special posts or in remote hardship regions for 20 years, may retire early and enjoy normal retirement benefits, where they personally submit submit an application that is approved by the hiring and termination organ.

 

Chapter IV: Guarantees

Section 1: Guarantees for Police Work

Article 65: (Enforcement of Decisions and Orders from Higher Levels)

People's police must enforce higher level decisions and orders when performing duties.

People's police may submit an opinion regarding decisions or orders that they find violate laws or relevant national provisions to organs, to the relevant organs and their responsible persons, but must not suspend or modify the implementation of the decision or order; and when the opinion is not accepted, they must obey the decision or order, but the consequences of the decision or order are to be borne by the superior that made it.

People's police shall refuse to enforce decisions and orders that clearly violate or exceed the scope of police authority provided for in laws and administrative regulations, and report to the superior that issued the decision or order. The higher level shall promptly give a response.

Where people's police enforcing a decision or order as in paragraph 3 create a harmful outcome, but fail to report, the superior that made the original decision or order, and the people's police enforcing the decision or order, bear corresponding responsibility, where it has been reported, the superior that made the decision or order bears responsibility.

Article 66: (eliminating interference in law enforcement)

Organizations and individuals must not interfere with the people's police's routine law enforcement activity, and must not request the people's police carry out conduct other than legally prescribed duties.

Public security organs shall establish systems for recording, reporting and pursuing responsibility for interference with law activities or meddling with the handling of specific cases.

Article 67: (citizens, legal persons and other organizations' assistance in performance of duties)

citizens, legal persons, and other organizations assisting the people's police in lawfully performing their duties recieve legal protection.

Where citizens, legal persons, and other organizations have conspicuous success in assisting the people's police in lawfully performing their duties, they are to be given commendations and rewards; where personal injury or asset losses are caused b follow relevant national provisions to give bereavement benefits or compensation.

Where citizens, legal persons or other organizations refuse to assist people's police in lawfully performing their duties, without legitimate cause, they may be given a warning, a fine of up to 500 RMB, or 10 days of administrative detention, in light of the circumstances and consequences.

Article 68: (punishment for impeding [police] in the execution of their professional duties)

Any of the following conduct refusing or impeding people's police's lawful performance of their duties, is to be given a heavier public security administrative sanction; where a crime is constituted, criminal responsibility is pursued in accordance with law.

(1) insulting, verbally abusing, threatening, containing, or blocking people's police that are currently carrying out their duties;

(2) Impeding the people's police's investigation and collection of evidence, refusing to provide evidence, or giving false evidence;

(3) Refusing or impeding people's police conducting pursuits, inspections, searches, rescues, security or other such tasks;

(4) deliberately impeding the progress of police cars or security convoys used to lawfully perform duties.

(5) other conduct refusing or impeding the people's police performance of duties.

People's police have the power to give warnings and stop the carrying out of acts in the preceding paragraph against people's police actively performing duties.

Article 69: (Handling Attacks on Police)

Where violently attacking people's police who are performing their duties; or organizing, assisting, or inciting such a violent attack; constitutes a crime, they are to be prosecuted for heavy responsibility in accordance with law.

Where people's police or their close relatives are threatened, intimidates, intentionally harmed or killed or other acts violating rights in their persons or property are perpetrated with the the goal of seeking revenge or venting one's frustrations, it will be given a heavier public security administrative sanction where it constitutes conduct in violation the administration of public security; where a crime is constituted, heavy criminal responsibility is pursued in accordance with law.

Article 70: (management of police symbols and insignia and equipment)

The people's police's police symbols and insignia, uniforms, police implements,and police equipment are to be uniformly overseen and created by the State Council Ministry of Public Security, and managed together with other relevant national organs, and other organizations and individuals must not illegally create, buy, or sell them.

The people's police, police insignia, uniforms, police implements, police equipment, and identifications, are for exclusive use of people's police, other organizations and individuals must not fabricate, possess, or use them.

Where the provisions of the preceding two paragraphs are violated, confiscate the police-use symbols and insignia, uniforms, police implements, police equipment, or identification, that was illegally produced, bought, sold, possessed or used, the public security organs are to give them up to 15 days detention or a warning, and may give a concurrent fine of up to five times the unlawfail gains; where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Article 71: (Costs Assurances)

The state is to establish stable mechanisms for increasing guarantees of people's police expenses that are ties to economic and social development. Expenses of people's police are included in either the central and local budgets on the basis of their authority over the matter, so that all are ensured; and the central and provincial level people's governments are to provide necessary subsidies for the expenses of policing efforts in impoverished areas.

Article 72: (Fees for infrastructure construction and education and training)

People's governments at all levels shall include infrastructure necessary for the work of the people's police in their basic construction planning and urban-rural construction planning, in accordance with their authority, and shall include necessary expenses for infrastructure construction and supporting facilities in their financial budgets, providing assurances for the entire amount.

Expenses for education and training of people's police shall be individually included in the budgets of all levels of people's government in accordance with the their authority of the matters.

Article 73: (Science and Technology)

The State will strengthen the establishment of technologically strong police, spreading advanced technological success, establishing a system of standards for police equipment, and striving to raise the level of technical informatization in police work.

Article 74: (Allocation of Police Forces)

The State is to establish mechanisms for dynamic adjustment of police force allocation.

On the basis of factors such as the local population, the size of the jurisdictional area, and the social public order situation, people's governments at the provincial level or above may check and ratify allocations of police forces undertaking local public security authority.

Article 75: (Police Auxiliary Personnel)

As needed for work, public security organs may use police auxiliary personnel.

Conduct of police auxiliary personnel assisting people's police in the lawful performance of their duties is protected by law, the consequences of conduct in performance of duties is borne by the public security organ.

Costs necessary for police auxiliary personnel are to be entered into the local government budget with full assurances.

Police auxiliary personnel's duties, powers, obligations, and management will be provided for separately.

 

Section 2: Professional assurances

Article 76: (The right to maintain identity and appeal)

People's police must not be dismissed, demoted, removed or sanctioned for reasons other than those legally prescribed and in accordance with legal procedures.

Where people's police are disatisfied with the handling of a personnel matter involving themselves, they have the right to submit an appeal in accordance with the relevant provisions of law.

Article 77: (The right to accuse)

Where people's police feel that the organ they belong to or its leadership have violated their lawful rights and interests, they may lawfully submit an accusation to the organ at the level above or a relevant special organ. The organ receiving an accusation shall promptly handle it in accordance with provisions.

Article 78: (salary and benefits)

The state is to establish a system of safeguards for salary, supplements, bonuses, compensation, and so forth, suited to the characteristics of posts in the people's police.

Article 79: (Professional Security Safeguards)

The state emphasizes the physical and mental health of people's police and professional assurances for them; people's police working in toxic, harmful, dangerous, remote, hardship, and other special environments, are provided safety conditions appropriate to their work post.

Article 80: (medical treatment establishments obligation to provide care)

Where people's police are injured in the line of duty, medical establishment shall unconditionally provide prompt treatment, and must not refuse or delay treatment.

Article 81: (assurances of bereavement pensions, benefits and insurance)

Where people's police are disabled in the line of duty, bereavement pensions, benefits and insurance guarantees are to be given at the same standard as that enjoyed by active military personnel disabled in the line of duty.

Where people's police sacrifice their lives or die of an illness in the line of duty, their families or receive bereavement pensions, benefits, and insurance safeguards at the same standards as the families of active service military personnel who have sacrificed their lives or died of an illness in the line of duty. Where people's police are identified as martyrs, their heirs enjoy the national bereavement pensions, benefits, and insurance safeguards in accordance with relevant provisions.

Where the staff of people's police schools or auxilliary police personnel are disabled or sacrifice their lives in the line of duty, they enjoy national bereavement pensions, benefits and insurance safeguards in accordance with relevant provisions.

Article 82: (Pension, medical case, and poverty relief fund system)

The state is to establish fund systems for pension and disability benefits,medical care, and poverty support, on the basis of the characteristics of the policing profession, and in which the government takes the lead with volunteer public participation, and encouraging citizens, legal persons, and other organizations to provide donations.

Article 83: (Relatives right to receive special care and assistance)

Where people's police give their lives, are disabled, or die of illness as a result of service, the State is to provide special care and assistance for their close relatives in terms of housing, medical care, education, employment, and other such areas. The State Council will separately provide specific standards and implementation measures.

Article 84: (Immunity and indemnification in performance of duties)

Where people's police performing their duties or exercising their rights in accordance with legally prescribed requirements and procedures cause harm to the lawful rights and interests of citizens, legal persons, or other organizations, they do not bear legal responsibility, and the organ to which they belong is to follow relevant national provisions to compensate the losses caused.

 

Chapter V: Law Enforcement and Supervision

Article 85: (performance of duties in strict accordance with law)

People's police shall strictly follow the requirements and scope of authority provided by laws and regulations in performing duties and exercising authority; must not exceed or abuse their authority, must not refuse or delay the performance of legally prescribed duties, and must not violate the lawful rights and interests of citizens, legal persons, and other organizations.

Article 86: (collection of evidence)

In the handling of cases, the people's police shall emphasize evidence and procedure; establish a system to record and store the entire law enforcement process; comprehensively collect evidence that can prove whether or not the persons suspected of violating the laws or committing a crime have done so, and that can prove the seriousness of the circumstances of law violations and crimes; are prohibited from extracting confessions by torture, and from collecting evidence by means of coercion, enticement, deception, and other illegal means.

Article 87: (Respecting and safeguarding human rights)

In law enforcement activities, the people's police shall respect and protect individuals' personal dignity; respect ethnic customs and habits; and must not carry out humiliation, corporal punishment, torture, and such other conducts.

Article 88: (Case-handling areas)

The people's police's questioning, interrogation, continued questioning, and identifications of suspected violators or criminals, as well as security inspections and information collection, and other law enforcement activities against those suspected of unlawful or criminal acts, shall be carried out in special case handling areas, except as otherwise provided by law.

Article 89: (Law enforcement openness)

Public security organs shall respect and lawfully protect citizens, legal persons, and others organizations' rights to know, to participate, to express themselves, and to supervise; so as to increase the transparency and credibility of law enforcement.

Where public security organs formulate provisions relating to the rights and obligations of citizens, legal persons, and other organizations, they shall hear opinions publicly, and disclose the situations of hearing opinions.

Public security organs shall, according to regulations, disclose relevant law enforcement information proactively or upon application.

Article 90: (Disposition of case reports, accusations, and information)

Public security organs shall handle citizens, legal persons, and other organizations' reports, accusations, and information that are within the scope of their authority in strict accordance with provisions; those not within the scope of authority, shall be transfered to the responsible authority for disposition in accordance with provisions, or information given on making the report, accusation, or information to the relevant organ.

Article 91: (Revealing identity and Informing)

In the course of law enforcement, the people's police shall wear standard uniforms or present working documents to show identity, inform the parties of the basis of and reasons for law enforcement in accordance with law, and hear the parties' statements and defense, except otherwishe provided by law.

During law enforcement, where the people's police fails to reveal identity in accordance with regulations, the parties have the right to refuse.

Article 92: (recusals)

People's police encountering situations that might impact their ability to fairly perform their duties shall follow provisions to recuse themselves, and parties or their legally-designated representatives also have the right to apply for a recusal.

Article 93: (Law Enforcement Responsibilities)

Public security organs shall establish accountability systems for negligence and fault, implementing a system of lifetime responsibility for the quality of case-handling and a system for investigation and accountability for wrongful cases.

Public security organs implement a principle investigator system among investigators with criminal judicial attributes.

Article 94: (Oversight by higher levels)

Higher level public security organs shall conduct oversight of the law enforcement activities of lower level organs, and where they discover error in disposition measures or decisions, they have the right to withdraw or modify it, or to order the lower level organ to withdraw or modify it; where it is found to be outside the scope of authority, they have have the right to order performance within a set period of time.

Article 95: (External Oversight)

People's police carrying out duties receive oversight from the administrative supervisory organs and the people's procuratorate.

All citizens, legal persons, and other organizations have the right to lawfully report or make accusations to the administrative supervisory organs or the people's procuratorate on people's police conduct in violation of discipline or law. Organs receiving reports or accusations shall promptly investigate and inform the informant or accuser of the results of the inspection.

Organs or individuals must not suppress or take revenge against citizens, legal persons, and other organizations that lawfully report or make accusations in accordance with law.

Article 96: (Superintendent System and Complaints Committee)

Public security organs are to establish a superintendent system to conduct oversight of the public security organs and their people's police's performance of duties, exercise of authority, and compliance with discipline.

Public security organs are to setup Complaints Committees to accept and review complaints by citizens, legal persons, and other organizations, and to protect the lawful rights and interests of the complainant and the people's police in accordance with law.

 

Chapter VI: Legal Responsibility

Article 97: (administrative sanctions and criminal liability)

Where people's police have any of the circumstances in article 62, they shall be given administrative sanctions; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 98: (Disposition of Personnel)

People's police who receive administrative sanctions may have promotions delayed, be demoted, or be expelled from the police force in accordance with relevant national provisions; those that are unfit to continue serving as people's police may be temporarily transferred or dismissed.

Article 99: (Stopping the performance of duties and confinement)

When necessary, people's police who violate discipline may be made to stop performance of their duties or implement confinement of between 1-7 days.

Article 100: (education, training, protection of rights and interests, and responsibility for policing safeguards)

Where this Law is not followed to perform the responsibilities of education and training, rights protection, and policing safeguards for people's police; impacting people's police's lawful performance of their duties or exercise of powers, or harming people's police lawful rights and interests, the principle responsible person and persons who are directly in charge are to be given administrative sanctions.

Article 101: (responsibility for exceeding authority)

Where public security organs exercise authority beyond the scope provided by laws or administrative regulations, the responsible party for the unit, directly responsible management personnel, and other responsible personnel are to be given administrative sanctions as warranted; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 102: (administrative reconsiderations, administrative litigation)

Where citizens, legal persons or other organizations find that the conduct of people's police violates their lawful rights and interests, they may apply for an administrative reconsideration or raise an administrative suit in accordance with law.

Article 103: (National Compensation)

Where in the course of performing their duties, people's police violate the lawful rights and interests of citizens, legal persons or other organizations and cause harms, compensation shall be given in accordance with the "People's Republic of China Law on State Compensation" and other relevant laws and regulations.

 

Chapter VII: Supplementary Provisions

 

Article 104: (Application to employees of state security organs, prisons, people's courts, and people's procuratorates)

Except as otherwise provided by law, provisions of this Law concerning the people's police apply to the workers in state security organs, prisons, people's courts, and people's procuratorates on whom police ranks are conferred.

Article 105: (Numeric Designations)

"Above" and "Below" as used in this law include the number itself.

Article 106: (People's Police Day)

July 6 of each year is People's Police Day.

Article 107: (Police Flags, Badges, Songs)

The Ministry of Public Security under the State Council creates people's police's flags, badges, and song.

Article 108: (tasks of the armed police forces)

The Chinese People's armed police forces lawfully carry out security and defense missions bestowed by the State.

Article 109: (Enforcement and abolition)

This law takes effect on the date of promulgation. The "People's Republic of China Police Law" passed on February 28, 1995 at the 23rd meeting of the Standing Committee of the 8th National People's Congress, is simultaneously revoked.

 

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