Provisions on Public Security Organs Use of Cases to Explain the Law

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To 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:

The Ministry of Public Security has drafted these Provisions on the Public Security Organs' Use of Cases to Explain the Law in order to fully implement the requirements of the Opinions on Implementing a Responsibility System for State Organs in which "All Who Enforce the Law, Teach the Law" (Zhongbanfa (2017) No. 31) issued by the General Office of the Party Central Commission and the General Office of the State Council for establishing a system of using cases to explain the law, to increase the focus and efficacy of the public security organs' popular legal education work, to increase the public's awareness of the rule of law, to increase the law enforcement capacity of the public security civil police, and to thoroughly advance the establishment of public security and rule of law. Please earnestly consult and implement them.

Please promptly report any issues in implementation to the Legal Bureau of this Ministry.

Ministry of Public Security

2018/11/30

Provisions on Public Security Organs Use of Cases to Explain the Law

Article 1: These Provisions are drafted in consideration of the actual conditions of public security law enforcement work in order to implement the system of responsibility for popular legal education in which "all who enforce the law teach the law", to enhance the focus and efficacy of public security organs' popular legal education work, to increase the public's awareness of the rule of law, to elevate the civil public security police's capacity for law enfocement, and to thoroughly advance the establishment of public security and rule of law.

Article 2: "Using cases to explain the law" as used in these Provisions refers to public security organs and police considering the cases they handle to carry out publicity and education activities on the rule of law for the cases' parties, the public, and within the public security organs, revolving around issues such as the case facts, evidence, procedures, and application of law.

Article 3:The use of cases to explain the law shall uphold the following principles:

(1) Legality. It is to be carried out in strict accordance with legal provisions, and fully elucidate the relevant legal basis.

(2) Regulated. Accurately explain the main facts related to the case with clear reasoning and standardized forms of expression.

(3) Timeliness. On the basis of the actual circumstances of case handling and the need for popular legal education, it is to be carried out in the course of handling a case or after the case has been handled.

Article 4: All levels of public security organs shall establish and complete work mechanisms for using cases to explain the law. The public security organs' case handling departments are responsible for efforts to use cases to explain the law, and the legal department is responsible for overall planning and coordination. Where cases are used to explain the law to the public, the news and publicity departments shall assist the case-handling departments in jointly completing efforts on news reports and public opinion guidance.

Article 5: Public security organs using cases to explain the law to case parties shall consider the progress of the case and do so through means such as the explanation of reasoning in legal documents and oral explanations.

Article 6: The following case types may be used to explain the law to the public:

(1) Cases that have positive legal and social effects, where using the case to explain the law, is conducive to promoting the implementation of the Constitution and laws, preserving their authority, and carrying forward a healthy social atmosphere.;

(2) Cases of higher public interest where using the case to explain the law is conducive to responding to societal concern;

(3) Cases that might lead to negative public opinion or mass incidents, where using the case to explain the law is conducive to resolving social conflicts, and promoting social harmony;

(4) Cases that have strong educational value as examples, where using the case to explain the law is conducive to enhancing public consciousness of studying and complying with the law, and to promoting the construction of a rule of law society;

(5) Where, after new legal provisions have been released, using cases to explain the law is conducive to spreading legal knowledge;

(6) Other cases suited to use in explaining the law to the public.

Article 7: The use of cases to explain the law to the public shall consider the cases' content, character, and traits, and give full play to the guidance, regulation, prevention, and education functions of using cases to explain the law and strengthening the efficacy of publicity on the rule of law.

Use of cases to explain the law to the public may be conducted through means such as window displays, billboards, newspapers, public announcements, radio, television, and press conferences, as well as by going to state organs, villages, communities, schools, enterprises, and units to conduct publicity, and may also be conducted through new media such as open government internet platforms, official Weibo accounts, mobile user clients, and automatic terminals.

The use of cases to explain the law to the public may be carried out in combination with popular legal education activities, and may also be in cooperation with a certain period of central work, or may be regularly or occasionally launched on the bases of case situations, social concern, and the like.

Article 8: The case-handling departments' use of cases to explain the law to the public shall be upon the approval of the person responsible for the case-handling department, and the use of major cases to explain the law shall be upon the approval of the person responsible for that level of public security organ; the use of cases that might bring on public interest to explain the law shall be reported to the public security organ at the level above for approval, and the use of major sensitive cases that might lead to the broad public interest to explain the law shall be reported to the provincial level public security organ for review and to the Ministry of Public Security.

The use of sensitive cases to explain the law to the public shall be completed in accordance with the requirements of the principles of "triple synchronization" of handling in accordance with law, public opinion guidance, and social management and control.

Article 9: State secrets, police work secrets, and commercial secrets must not be leaked in using cases to explain the law to the public. Where citizens' personal information is involved, it is to be addressed using necessary methods to avoid causing harm to the rights of the parties and their families in their persons and property.

Article 10: Public security organs may use methods such as commenting on routine cases, giving warnings and education in law enforcement, moot court hearings, or periodically or occasionally releasing guiding cases; to focus on explaining the following types of cases within public security organs:

(1) Cases that embody the requirements of strict, regular, just, and civil law enforcement in the course law enforcement handling of the case, or that realize the organic integration of legal and social efficacy;

(2) Cases of law enforcement inaction, slow action, or dereliction of duty, that cause serious consequences;

(3) Cases of abuse of power, disorder, interference with economic disputes, abuse of compulsory measures and discretion;

(4) Cases where law enforcement issues brought on negative public opinion or lead to mass incidents;

(5) Cases that were withdrawn, changed, or confirmed as illegal after administrative reconsideration or administrative litigation, or where an order to perform legally-prescribed duties in a set period of time was given;

(6) Cases where responsibility for state compensation was borne because of illegal exercise of authority;

(7) Cases where as a result of facts being unclear, evidence being insufficient, or a crime not being constituted the procuratorate make a decision to not prosecute or the people's court makes a not guilty decision.

(8) Other cases with a wide use for guidance or reference.

Guiding cases internally issued by the public security organs shall be cases in which a final handling decision has already been made. Guiding cases shall have clear facts and comments that are accurate, concise, and on point. For exceptional example cases, the experience and methods shall be considered in refining operational guidelines. For cases that have law enforcement issues, the existing issues should be clearly pointed out as well as the requirements for correct handling.

Article 11: 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 provisions rules based on these Provisions and in consideration of actual local conditions.

Article 12: These Provisions are to come into force on the date of printing and issue.

 

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