P.R.C. People's Armed Police Law

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Promulgation Date: 2020-6-20
Title: P.R.C. People's Armed Police Law
Document Number:
Expiration date: 
Promulgating Entities:Standing Committee of the National People's Congress
Source of text: http://www.xinhuanet.com/politics/2020-06/20/c_1126140137.htm

Contents

Chapter I: General Provisions

Chapter II: Organization and Command

Chapter III: Mission and Authority

Chapter IV: Obligations and Discipline

Chapter V: Safeguard Measures

Chapter VII: Legal Liability

Chapter VIII: Supplementary Provisions

 

P.R.C. People's Armed Police Law

  Chapter I: General Provisions

Article 1: This Law is formulated so as to regulate and ensure the People's Armed Police Force's performance of its duties, to establish a strong and modernized People's Armed Police Force, and to preserve national security and social stability, and protect the lawful rights and interests of citizens, legal persons, and other organizations.

Article 2: The people's armed police forces are an important component of the People's Republic of China's armed forces and are under the centralized and unified leadership of the Party Central Committee and the Central Military Commission.

Article 3: The people's Armed Police Force is to adhere to the absolute leadership of the Chinese Communist Party, implement Xi Jinping thought on strengthening the military and the directives on a new military strategy for the new era, and in accordance with the strategic requirements of integrating multiple capabilities, maintain stability and protecting rights, strengthens military training and preparation, strictly follow the laws, accelerate establishment and development, and effectively performs its duties.

Article 4: The People's Armed Police Force is to be on duty to address sudden social security incidents, prevent and deal with terrorist activities, protect rights and enforce laws at sea, provide emergency rescue and defense operations, as well as other tasks entrusted by the Central Military Commission.

Article 5: The People's Armed Police Force shall abide by the Constitution and laws, be devoted to their duties, and perform their duties in accordance with the relevant provisions of this Law and other laws.

People's Armed Police Forces performing their duties in accordance with law are to receive the protection of law.

Article 6: People's Armed Police that make outstanding contributions during the performance of their tasks are to be given commendations and awards in accordance with relevant laws and provisions of the Central Military Commission.

Individuals and organizations that make outstanding contributions in assisting the people's armed police in the performance of their mission are to be given commendations and awards in accordance with relevant laws and regulations.

Article 7: The People's Armed Police Force is to implement a system of ranks with the specific content of the rank system separately provided for by law.

Article 8: The People's Armed Police enjoy the rights and interests of servicemen as provided by laws and regulations.

  Chapter II: Organization and Command

Article 9:The People's Armed Police Force is composed of internal security forces, mobile forces, maritime police forces, schools, research institutions, and so forth.

Internal security forces are organized according to administrative divisions, mobile forces are organized according to missions, and coast guard forces are organized according to administrative divisions and mission areas in coastal regions. The Central Military Commission is to determine the specific arrangements.

Article 10: The people's armed police forces' regular implementation of their mission are to be organized and commanded by the Central Military Commission or armed police forces authorized by the Central Military Commission.

The People's Armed Police Force and the People's Liberation Army usually participate jointly in non-combat military operations such as emergency rescue, maintaining stability and handling emergencies, and conducting joint training exercises, with the Central Military Commission authorizing field command.

Wartime missions of the People's Armed Police Force are to be organized and commanded by the Central Military Commission or its authorized field command.

Specific measures for organization and command are to be provided by the Central Military Commission.

Article 11: Central state organs and local people's governments at the county-level or above shall establish mechanisms for mission demands and work coordination with the people's armed police.

中央国家机关、县级以上地方人民政府因重大活动安全保卫、处置突发社会安全事件、防范和处置恐怖活动、抢险救援等需要人民武装警察部队协助的,应当按照国家有关规定提出需求。

The unit that is the target of a mission may make demands of the people's armed police responsible for the mission.

Article 12:  调动人民武装警察部队执行任务,坚持依法用兵、严格审批的原则,按照指挥关系、职责权限和运行机制组织实施。 批准权限和程序由中央军事委员会规定。

遇有重大灾情、险情或者暴力恐怖事件等严重威胁公共安全或者公民人身财产安全的紧急情况,人民武装警察部队应当依照中央军事委员会有关规定采取行动并同时报告。

Article 13:  人民武装警察部队根据执行任务需要,参加中央国家机关、县级以上地方人民政府设立的指挥机构,在指挥机构领导下,依照中央军事委员会有关规定实施组织指挥。

Article 14:  中央国家机关、县级以上地方人民政府对人民武装警察部队执勤、处置突发社会安全事件、防范和处置恐怖活动、抢险救援工作进行业务指导。

人民武装警察部队执行武装警卫、武装守卫、武装守护、武装警戒、押解、押运等任务,执勤目标单位可以对在本单位担负执勤任务的人民武装警察部队进行执勤业务指导。

  Chapter III: Mission and Authority

Article 15:The People's Police Force primarily performs the following missions:

(1) Armed guarding of protected subjects and important protected targets;

(2) The security for major events;

(三)重要的公共设施、核设施、企业、仓库、水源地、水利工程、电力设施、通信枢纽等目标的核心要害部位的武装守卫;

(4) Armed guarding of important bridges and tunnels;

(5) Armed security at the periphery of places such as prisons and detention centers;

(6) Armed patrols in key areas, during special periods, and of designated inland borders of municipalities fir directly-governed municipalities, cities in which the people's governments of provinces and autonomous regions are located, and other important cities (towns);

(七)协助公安机关、国家安全机关依法执行逮捕、追捕任务,协助监狱、看守所等执勤目标单位执行押解、追捕任务,协助中国人民银行、国防军工单位等执勤目标单位执行押运任务。

The specific scope of the tasks provided for in the preceding paragraph is to be implemented in accordance with the relevant state provisions.

Article 16:  人民武装警察部队参与处置动乱、暴乱、骚乱、非法聚集事件、群体性事件等突发事件,主要担负下列任务:

(1) Securing important targets;

(2) Barricading and controlling the relevant premises and roads;

(3) Implementing isolation, counseling, removal, and dispersal actions, to stop illegal and criminal acts;

(4) Rescue and emergency operations;

(5) Armed patrols, assisting in carrying out crowd work, and restoring social order.

Article 17: The People’s Armed Police Force participates in the prevention and handling of terrorist activities and is primarily responsible for the following tasks:

(1) Carrying out on-site control, rescue, and first aid for terrorist incidents, as well as armed patrols and protection of key targets;

(2) Assisting public security organs in arresting and capturing terrorist personnel;

(3) Rescuing hostages and removing explosives;

(4) Participating in handling incidents of hijacking aircraft and other vehicles.

Article 18: People's armed police forces participating in rescue operations in natural disasters, accidents, and public health emergencies, are primarily responsible for the following tasks:

(1) Participating in search, rescue, transfer, and evacuation of trapped people;

(2) Guarding the periphery of dangerous regions, dangerous places, and protected areas;

(3) Participating in the elimination and control of disasters and dangerous situations, to prevent secondary and derivative disasters;

(4) Participating in nuclear, chemical, and biological rescue, medical rescue, epidemic prevention and control, traffic facilities construction and repair, and other professional rescues;

(5) Participating in the rescue, transportation, and transfer of important materials.

Article 19: When people's armed police carry out missions, they may lawfully employ the following measures:

(1) To inspect persons, items, vehicles, and so forth that enter or leave cordoned-off areas or pass through guard posts; to prevent those who are not allowed to enter or leave or pass through; to take the necessary measures to obstruct those who are not permitted to enter, exit, or pass; and employ necessary measures to obstruct those who force their way.

(二)在武装巡逻中,经现场指挥员同意并出示人民武装警察证件,对有违法犯罪嫌疑的人员当场进行盘问并查验其证件,对可疑物品和交通工具进行检查;

(3) Assisting in carrying out traffic or site controls;

(四)对聚众扰乱社会治安秩序、危及公民人身财产安全、危害公共安全或者执勤目标安全的,采取必要措施予以制止、带离、驱散;

(五)根据执行任务的需要,向相关单位和人员了解有关情况或者在现场以及与执行任务相关的场所实施必要的侦察。

Article 20:  人民武装警察执行任务时,发现有下列情形的人员,经现场指挥员同意,应当及时予以控制并移交公安机关、国家安全机关或者其他有管辖权的机关处理:

(1) is currently committing a crime;

(2) is a wanted criminal;

(3) Is illegally in possession of items that threaten public safety;

(4) Is currently carrying out conduct that endangers the safety of mission targets;

(5) Uses violence, threats, or other such measures to obstruct the people's armed police's performance of their mission.

Article 21:  人民武装警察部队协助公安机关、国家安全机关和监狱等执行逮捕、追捕任务,根据所协助机关的决定,协助搜查犯罪嫌疑人、被告人、罪犯的人身和住所以及涉嫌藏匿犯罪嫌疑人、被告人、罪犯或者违法物品的场所、交通工具等。

Article 22:  人民武装警察执行执勤、处置突发社会安全事件、防范和处置恐怖活动任务使用警械和武器,依照人民警察使用警械和武器的规定以及其他有关法律、法规的规定执行。

Article 23:  人民武装警察执行任务,遇有妨碍、干扰的,可以采取必要措施排除阻碍、强制实施。

人民武装警察执行任务需要采取措施的,应当严格控制在必要限度内,有多种措施可供选择的,应当选择有利于最大程度地保护个人和组织权益的措施。

Article 24:  人民武装警察因执行任务的紧急需要,经出示人民武装警察证件,可以优先乘坐公共交通工具;遇交通阻碍时,优先通行。

Article 25:  人民武装警察因执行任务的需要,在紧急情况下,经现场指挥员出示人民武装警察证件,可以优先使用或者依法征用个人和组织的设备、设施、场地、建筑物、交通工具以及其他物资、器材,任务完成后应当及时归还或者恢复原状,并按照国家有关规定支付费用;造成损失的,按照国家有关规定给予补偿。

Article 26:  人民武装警察部队出境执行防范和处置恐怖活动等任务,依照有关法律、法规和中央军事委员会的规定执行。

  Chapter IV: Obligations and Discipline

Article 27:People's armed police shall obey orders, follow commands, lawfully perform their duties, and resolutely complete their missions.

Article 28: People's armed police encountering situations of citizens whose safety in their persons or property has been infringed or are otherwise endangered, shall immediately aid them.

Article 29: People's armed police must not exhibit the following conduct:

(1) Defying the decisions and orders of superiors, failures to act, desertion;

(2) Using policing instruments or weapons in violation of provisions;

(3) Illegally depriving others of, or limiting others' physical liberty; illegally inspecting or searching persons, items, vehicles, residence, locations, and so forth;

(4) Corporal punishment, abuse, or beating those in custodial detention or control;

(5) Abusing power, twisting the law for personal gain, absence without leave, or dereliction of duty;

(6) Harboring or sheltering illegal or criminal activities;

(7) Leaking State or military secrets;

(8) Other conduct in violation of law or discipline.

Article 30: The People's Armed Police shall dress in accordance with the regulations, carry people's armed police identification, and use video recording equipment in accordance with the regulations to record the collection of evidence and presentation of identification.

Article 31: The People's Armed Police shall behave civilly, treat others politely, observe social mores, and respect citizens' religious beliefs and ethnic customs.

  Chapter V: Safeguard Measures

Article 32: 为了保障人民武装警察部队执行任务,中央国家机关、县级以上地方人民政府及其有关部门应当依据职责及时向人民武装警察部队通报下列情报信息:

(1) Information on Public Safety;

(2) Intelligence information on terrorist incidents and emergencies;

(3) Meteorological, hydrological, marine environment, geospatial, disaster alerts, and other such information;

(4) Other intelligence information related to the performance of duties.

中央国家机关、县级以上地方人民政府应当与人民武装警察部队建立情报信息共享机制,可以采取联通安全信息网络和情报信息系统以及数据库等方式,提供与执行任务相关的情报信息及数据资源。

People's armed police forces shall strictly protect the confidentiality of information they obtain and use it in accordance with law.

Article 33: The state is to establish a system of financial safeguards suited to the level of economic and social development and corresponding to the missions undertaken by the people's armed police, their establishment, and development. All necessary expenses are to be included in the budget in accordance with relevant state provisions.

Article 34:  执勤目标单位及其上级主管部门应当按照国家有关规定,为担负执勤任务的人民武装警察部队提供执勤设施、生活设施等必要的保障。

Article 35:  在有毒、粉尘、辐射、噪声等严重污染或者高温、低温、缺氧以及其他恶劣环境下的执勤目标单位执行任务的人民武装警察,享有与执勤目标单位工作人员同等的保护条件和福利补助,由执勤目标单位或者其上级主管部门给予保障。

Article 36: The people's armed police forces' special insignia, uniforms, policing equipment, identification, and seals, are to be overseen and issued by the Central Military Commission in accordance with provisions.

Article 37: As needed to carry out their missions, the people's armed police forces shall strengthen education and training of their people's armed police to increase their ability to carry out their mission in accordance with law.

Article 38: People's armed police who die or are disabled as a result of performing their tasks are to be given preferential treatment in accordance with the state's regulations on preferential treatment for military personnel.

Article 39:Citizens, legal persons, and other organizations shall give necessary support and assistance to People's Armed Police Forces lawfully performing missions.

Citizens, legal persons, and other organizations' actions in assisting the people's armed police to perform their duties are protected by law.

Where citizens, legal persons, or other organizations die, are injured, or suffer property losses as a result of their assisting people's armed police in the performance of their mission, they are to be given bereavement benefits or corresponding compensation in accordance with relevant state provisions.

Chapter VI: Oversight and Inspections

Article 40:The People’s Armed Police Force shall oversee and inspect the implementation of laws and regulations and compliance with discipline rules, by its subordinate units and personnel.

Article 41: The People's Armed Police are under the oversight of the Central Military Commission Supervision Committee and all levels of People's Armed Police Force Supervision Committees.

人民武装警察执行执勤、处置突发社会安全事件、防范和处置恐怖活动、海上维权执法、抢险救援任务,接受人民政府及其有关部门、公民、法人和其他组织的监督。

Article 42:  中央军事委员会监察委员会、人民武装警察部队各级监察委员会接到公民、法人和其他组织的检举、控告,或者接到县级以上人民政府及其有关部门对人民武装警察违法违纪行为的情况通报后,应当依法及时查处,按照有关规定将处理结果反馈检举人、控告人或者通报县级以上人民政府及其有关部门。

  Chapter VII: Legal Liability

Article 43:  人民武装警察在执行任务中不履行职责,或者有本法第二十九条所列行为之一的,按照中央军事委员会的有关规定给予处分。

Article 44:Anyone who obstructs the people’s armed police from lawfully performing their missions and has any of the following conduct is to be punished by the public security organs according to law:

(1) Insults, threatens, besieges, blocks, or attacks people's armed police while they are carrying out their mission;

(2) Forcibly breaking through police tape or protected areas set up by the people's armed police;

(3) Resisting or obstructing people's armed police's performance of missions such as pursuit, investigation, searches, rescue, or guarding;

(4) Obstructing the passage of people's armed police forces' vehicles or personnel as they are performing their mission;

(5) Other conduct that seriously obstructs the people's armed police's performance of their mission.

Article 45:Where the people's armed police's insignia, uniforms, identification, or seals are illegally produced, sold, possessed or used, the public security organs are to give detention of up to 15 days or a warning, and a concurrent fine of between 1 and 5 times the value of unlawful gains may be given.

Article 46:Where violations of this Law constitute a crime, criminal liability is to be pursued in accordance with law.

  Chapter VIII: Supplementary Provisions

Article 47:Law will separately provide for the People's Armed Police Force enforcement of rights protection missions at sea.

Article 48:The People's Armed Police Force's enforcement of defense and war missions are to be conducted in accordance with the ordered of the Central Military Commission.

Article 49: Martial law tasks implemented by the people's armed police force are to be implemented in accordance with the P.R.C. Law on Martial Law.

Article 50: When civilian personnel in the people's armed police forces are performing duties provided for in this law, they are to lawfully perform the relevant duties and obligations of the people's armed police forces and enjoy the corresponding rights.

Article 51:This Law is to take effect on June 21, 2020.

 

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