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 forces are 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 are 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 forces 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 forces are 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.

Central state organs and local people's governments at the county level or above that require the assistance of the people's armed police forces for security at major activities, handling emergency societal security incidents, preventing and handling terrorist activities, emergency rescue, and so forth, shall make demands in accordance with relevant state regulations.

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

Article 12: The mobilization of the people’s armed police forces to perform missions is to adhere to the principles of deploying troops in accordance with law and strict review and approval, and organize implementation in accordance with command relationships, duties, and operating mechanisms. The Central Military Commission is to make provisions on the scope of authority and procedures.

In the event of emergency situations that seriously threaten public safety or the security of citizens’ in their persons and property, such as major disasters, threats, or violent terrorist incidents, the people’s armed police forces shall take action in accordance with the relevant provisions of the Central Military Commission and report at the same time.

Article 13: As needed to carry out their missions, people's armed police forces participating in command bodies set up by central government organs or local people's governments at the county level or above are to carry out organization and command under the leadership of the command body and in accordance with the relevant provisions of the Central Military Commission.

Article 14: Central state organs and local people's governments at the county level and above are to conduct operational guidance over people's armed police forces' duty, handling of emergency public safety situations, prevention and resolution of terrorist activities, and rescue and aid efforts.

The unit that is the subject of the mission may conduct operational guidance of people's armed police forces responsible for carrying out missions such as armed security, armed guarding, armed protection, and armed sentinel duty, escort and transport.

  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;

(3) Armed guarding at the core and vital parts of targets such as important public facilities, nuclear facilities, enterprises, warehouses, water sources, water conservancy projects, power facilities, and communication hubs;

(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);

(7) Assisting public security organs and state security organs in carrying out arrest and pursuit missions; assisting prisons, detention centers, and other target units in carrying out escort or pursuit missions; and assisting the Bank of China, national defense units, and so forth in carrying out transport missions.

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

Article 16: People's armed police forces participating in handling unrest, insurgency, riots, illegal gatherings, mass incidents, and other emergencies, are primarily responsible for the following tasks:

(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 forces participate 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.

(2) During armed patrols, and with the consent of the field commander and upon presenting armed police force identification, conducting onsite interrogation of persons suspected of violations or crimes, and inspecting their identification documents, or conducting inspections of suspicious objects or vehicles;

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

(4) Employing necessary measures to stop, remove, or disperse groups disrupting the order of public security administration, endangering citizens' security in their persons and property, threatening public safety, or for the safety of mission targets.

(5) Learning about situations from relevant units and individuals as needed for carrying out operations, or carrying out necessary investigations on-site or of locations related to carrying out the mission.

Article 20: When people's armed police are carrying out missions and discover persons in the following situations, then with the consent of the field commander they shall promptly control them and transport them to be handled by the public security organs, state security organs, or other organs with jurisdiction:

(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: People's police assisting public security organs or state security organs, prisons, and the like in carrying out arrest or capture missions, are to assist in searches of criminal suspects, defendants, or convicts' persons and residences, as well venues or vehicles where it is suspected that criminal suspects, defendants, convicts, or illegal goods are hidden.

Article 22: People's armed police's use of police implements and weapons in carrying out duties, handling emergency public security incidents, preventing and handling terrorist activities, and other such missions are to do so in accordance with the relevant provisions on people's police use of policing implements and weapons and other relevant laws and regulations.

Article 23: Where people's police performing their duties encounter obstructions or interference, they may employ necessary measures to remove the obstacles and compel implementation.

Where the people's armed police forces need to employ measures in carrying out missions, they shall strictly control the necessary degree, and where there are multiple options that can be selected, the measure that protects the rights and interests of individuals and organizations to the greatest extent.

Article 24: When necessary to carry our urgent missions, people's armed police may have priority seating on public transportation after presenting their identification as people's armed police; and when encountering traffic obstructions have priority passage.

Article 25: As needed to carry out missions, people's armed police in emergency situations may have priority use or lawfully requisition individual equipment, facilities, locations, buildings, vehicles, and other goods and materials upon the presentation of their people's armed police identification, and after the mission is complete shall promptly return them or restore them to their original state and follow relevant state provisions to give compensation; where losses are incurred, compensation is to be given in accordance with relevant state provisions.

Article 26: People's armed police forces dispatching officers for missions such as preventing and handling terrorist activities are to due so in accordance with laws, regulations, and provisions of the Central Military Commission.

  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:In order to ensure that people's armed police missions are carried out, central state organs, people's governments at the county level or above, and their relevant departments shall promptly report the following intelligence information to the people's armed police based on their duties:

(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.

Central state organs and local people's governments at the county level and above shall establish mechanisms for sharing intelligence information with the people's armed police forces and may intelligence information and data resources related to carrying out missions by means of linked secure information networks or the intelligence information system and database.

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: The units that are the subject of duties and the regulatory department above them shall follow the relevant state provisions to provide work and living facilities to the people's armed police forces carrying out the mission as well as other necessasary assurances.

Article 35: People's armed police who carry out missions in units that have severe pollution such as toxicity, dust, radiation, and noise, or have harsh environments such as high temperatures, low temperatures, or low oxygen, are to enjoy the same protections and welfare subsidies as the staff of those units, with the unit that is the subject of the duty, or the regulatory department above it, is to provide assurances.

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.

People's armed police forces carrying out missions such as being on duty, handling emergency public safety incidents, preventing and controlling terrorist activities, enforcing law to protect rights at sea, and rescue and aid are to accept oversight from people's governments and their relevant departments, citizens, legal persons, and other organizations.

Article 42: After the supervision committee of the Central Military Commission or any level of supervision commission for people's armed police forces receives a report or accusation from a citizen, legal person, or other organization, or receives a report from a people's government at the county level or above or its relevant departments regarding conduct in violation of discipline by people's armed police, they shall promptly address it in accordance with laws, and give feedback on the outcome to the informant or accuser, or report it to the people's government and relevant departments at the county level or above.

  Chapter VII: Legal Liability

Article 43: Where people's police performing a mission do not perform their duties or exhibit any of the conduct in article 29 of this law, punishment is to be given in accordance with the relevant provisions of the Central Military Commission.

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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