Promulgation Date: 2020-2-24 Title: Opinion on Promoting Strictly Regulated, Just, and Civilized Law Enforcement to Provide Forceful Legal Safeguards for Epidemic Prevention and Control Work Document Number: Expiration date: Promulgating Entities: Ministry of Justice Source of text: http://www.moj.gov.cn/government_public/content/2020-02/24/tzwj_3242342.html
These opinions are drafted so as to thoroughly implement the spirit of General Secretary Xi Jinping's important speeches and important directives on efforts to prevent and control the novel coronavirus pneumonia epidemic, to implement the Party Central Commission and State Council's decisions and deployments on epidemic prevention and control efforts, to give full play to the role of law enforcement coordination and oversight, to vigorously promote strictly regulated law enforcement that is just and civilized, to preserve the order of economic and social development, to protect the public's security in their lives and physical health, and to ensure that epidemic prevention and control efforts are carried out smoothly.
I. Increase Political Positions. All levels of judicial administrative organ should earnestly study the spirit of General Secretary Xi Jinping's important speeches and directives on efforts to prevent and control the novel coronavirus pneumonia epidemic, unifying their thoughts and actions with the spirit of General Secretary Xi Jingping's important speeches and directives, bringing up the Party Central Commission and State Council's decisions and deployments for prevention and control of the epidemic; truly strengthening the 'four awareness', 'solidifying the 'four self-confidences' and achieving the 'two preservations', to make epidemic prevention and control work the most important of today's important works, taking a firm grip, making good use of laws and regulations, persisting in enforcing the law for the people, persisting in strictly regulated law enforcement that is just and civilized, and strengthening oversight of administrative law enforcement, so as to provide strong legal safeguards for resolutely winning the war of epidemic prevention and control.
II. Persist in Strict Law Enforcement. Organize and promote administrative law enforcement organs' lawful punishment of all kinds of illegal conduct such as refusing epidemic prevention and control measures, violence against doctors, illegal trade in wild animals, and disruptions of market and social order, so that where there is law it must be followed, enforcement must be strict, and any violations must be investigated. Persist in using strict punishment to stop disorder: For illegal conduct that obstructs or undermines compulsory isolation, the sealing of venues, transportation quarantine inspections and other such measures for prevention and control; the striking or harming medical personnel and disruption of the order of emergency medical care; the intentionally spreading of the novel coronavirus by one who is already infected; the exploitation of the epidemic for hoarding, price hiking, profiteering, or defrauding consumers; the illegal hunting, purchase, transport, or sale of wild animals and products made from them; the production or sale of counterfeit or shoddy medical goods, masks, gloves, disinfectant, and other products or materials for treatment and prevention; the causing of chaos by creating or spreading rumors; the illegal collection of donations using the epidemic as a pretext, or illegal misappropriation, withholding, or taking possession of donated assets; or the changing of the use of donated assets without authorization; the extent of administrative law enforcement should be increased on the basis of the special needs of epidemic prevention and control, to strictly combat it, being strict, serious, and fact as appropriate; and where it is suspected that a crime has been committed, it should be promptly transferred to the judical organs for handling; truly preserving the normal order of economic and social development, and provicing forceful legal support for epidemic prevention and control efforts.
III. Persist in Regulated Law Enforcement. Fully increase capacity for lawful prevention and control and for lawful governance, promote all levels of administrative law enforcement organs' enforcement of laws strictly in accordance with their legally-prescribed authority and procedures, responding to all types of conflict arising during epidemic prevention and control in accordance with law and handling them appropriately, and ensuring that every piece of epidemic prevention and control efforts is planned and carried out on the legal track. Guidance in law enforcement should be strengthened, guiding each relevant department to earnestly sort the laws and regulations on administrative law enforcement involved in epidemic prevention and control work and every type of system and measure formulated for responding to the epidemic, to provide correct legal basis, standards, and procedures for administrative law enforcement organs' strict enforcement of law, so that duties are performed in accordance with law and law enforcement always has a basis. Uphold the bottom line of the law, when employing prevention and control measures and emergency response measures such as compulsory isolation, sealing venues, and transportation quarantines, the Law on Prevention and Control of Infectious Diseases and its implementation measures, the Emergency Incident Response Law, The Wildlife Protection Law, the Public Health Emergency Regulations, and other relevant laws and regulations should be strictly followed, as well as the needs and requirements of local and departmental provisions, rules, and administrative normative documents focused on the needs of epidemic prevention and control, with major decisions made lawfully and cautiously. Epidemic prevention and control methods should correspond to the nature, degree, and scope of the harm that might be caused to society, to avoid excessive law enforcement, with the rights and interests of citizens, legal persons and other organizations being limited as little as possible. Without permission, acts such as the establishment of cards, cutting off roads, or obstructing transportation must not be employed, and 'single stroke' extreme measures must not be employed such as blanket sealing up or compelling travellers' return. Lawfully and orderly promote enterprises returning to work and production, and where the requirements for returning to work and production are met, enterprises' normal production and operations must not be restricted or impacted. When carrying out administrative requisitions, the principles of legality, necessity, and reasonableness should be followed in performing legally-prescribed approval procedures and promptly compensating the subjects of the requisitions in accordance with law; venues, equipment, and items that are requisitioned should be registered and logged, with obligations to protect them fulfilled as much as possible, and then promptly returned after use. Make law enforcement procedures more strict, earnestly implementing systems for law enforcement disclosures, for recording the entire procedure, and for reviewing the legality of major law enforcement decisions, to ensure that law enforcement has a legal basis that can be checked and that administrative law enforcement decisions are lawful and effective.
IV. Persist in Just Law Enforcement. Have the idea of just law enforcement penetrate the entire course of administrative law enforcement, so that law enforcement is regulated, discretion is just, and punishments are fair; letting the people feel fairness and justice in every law enforcement case. Persist in the unity of law, strictly follow administrative penalty types and range of discretion provided for by laws, regulations and rules, to eliminate arbitrary law enforcement and unfair law enforcement. Persist in the punishment meeting the crime, comprehensively considering the nature, circumstances, degree of social harm as well as the demonstrations of repentance by the target of the administrative law enforcement, and give proportionate punishment in accordance with the law to prevent and avoid the same matter receiving different punishments, uneven punishment, obvious unfairness or injustice, excessive law enforcement and other such circumstances; and enterprises and citizens from other areas must not be treated differently in the course of administrative law enforcement. Uphold the principle of combining education and punishment; during the period of epidemic prevention and control, for violations that are clearly minor and for which the degree of harm to society is not large, not giving punishments or giving suspended sentences may be considered, with education and persuasion as the focus.
V. Persist in Civilized Law Enforcement. Promote and oversee all levels of administrative law enforcement organs' active practice of the idea of law enforcement for the people, respect the basic rights and lawful interests of the targets of law enforcement and ensure the unification of the legal and social efficacy of administrative law enforcement. Further advance means and methods of case-handling, emphasizing standardizing language and conduct, rejecting violent and gruff law enforcement, avoiding intensifying conflicts and triggering adversarial clashes. Strictly prohibit using the name of law enforcement to take revenge against the subjects of administration, strictly prohibit arbitrary fines, punishments, and arbitrary apportionment. Explanation and elucidation of the law should be improved so that with law as the basis, reason is used to persuade, emotion is used to move people, reducing resistance to law enforcement, and winning the public's understanding and support for law enforcement efforts. The feelings of the public during the period of epidemic prevention and control should be full considered, to avoid give rise public sentiment. Serve the big picture; carry out administrative law enforcement activities starting from the perspectives of the benefits to epidemic prevention and control and to social and economic development, cases must absolutely not be handled mechanically just to have handled cases, seriously impacting and undermining the order of epidemic prevention and control efforts and the big picture of social and economic development.
VI. Innovate Law Enforcement Methods. Promote administrative law enforcement organs firm establishment of a sense of service; based on the needs of epidemic and prevention and the needs of advancing resumption of work and production, innovate work methods, promptly adjust methods of government services for units and individuals, so that matters can be handled online, without meeting, and ensuring safety, to ensure that efforts are uniformly efficient and legal. Those with the capacity for handling matters online should persist in working online, using methods such as government websites, public Wechat accounts, and handheld government affairs terminals to publish guides for the period of prevention and control and the contact methods for all government affairs information portals, and leading enterprises and the public to employ online methods for making reports and not going to on-site government service centers where possible. For conduct involved in administrative permitting such as declarations, acceptance, and service, it is encouraged that 'offsite no contact' methods be used such as online declarations, online reviews and approvals, and courier delivery of licences. Accelerate and promotion the establishment of information technology in administrative law enforcement; from the initiation of law enforcement procedures through the delivery of law enforcement decisions, anything that can be handled electronically is to be handled electronically; if there are pressing special matters that truly require on-site handling, appointments may be made by calling the relevant numbers or through relevant webpages, and the matters are to be handled at the designated time and place, quickly handling them and then departing, to reduce the duration of the stay to the greatest extent possible and striving for 'no contact'. Workflows should be simplified; for urgent matters related to efforts on epidemic prevention and control and the orderly return to work and production the legally prescribed procedure for emergency handling should be followed; where due to epidemic prevention and control, administrative permitting matters cannot be done in the legally prescribed time, the period for handling may be lawfully extended. Where administrative permits expire and are reapplied for, based on a review or eligibility, an extension may be given first and the formalities supplemented after the epidemic ends. Where there is no way to directly submit relevant samples or reports, a written pledge on the matters may be submitted first, and after the epidemic is over, the samples and reports may be supplemented. Where it is discovered after the fact that false materials were submitted, related permits are to be revoked. Where administrative decisions cannot be made or delivered within the legally prescribed time period, the time for the decision or delivery may be lawfully extended. Comments and Suggestions may be submitted related to administrative matters that may be further abolished or administrative procedures that may be further optimized, which are discovered during the period of epidemic prevention and control, The above principles shall also be referenced for matters requiring enterprises and the public to issue relevant materials.
VII. Strengthen Coordination in Law Enforcement. Establish and complete mechanisms for the coordination of administrative law enforcement, organize and promote each relevant administrative law enforcement organ's earnest performance, mutual cooperation, and close coordination, forming a joint workforce to prevent lackluster enforcement, buck-passing, or delays in the smooth implementation of efforts to prevent and control the epidemic. During the period of epidemic prevention and control, local people's governments at the county-level and above, and their departments, are responsible for the administrative law enforcement efforts related to epidemic prevention and control in that administrative region; and where two or more administrative regions are involved the people's government at the common level above the two regions is to be responsible, or the people's governments at the level above each relevant administrative region are to take joint responsibility. Basic level law enforcement forces should be integrated, and when necessary may be used across regions, across departments, and across levels; and each law enforcement department should follow uniform command, doing a good job of joint response, information sharing, and coordinated oversight efforts; so that there is mutual reporting of leads on crimes, coordination of law enforcement and oversight, and exchange of law enforcement results. Organize and promote the strengthening of joint law enforcement by departments such as for public security, health and hygiene, agriculture, market regulation, forestry and grasslands, and transport, increasing the efficiency of law enforcement and avoiding duplicative law enforcement. Further improve work mechanisms for transferring cases of suspected crimes uncovered in administrative law enforcement to the judicial organs for handling; where there are suspected crimes provisions such as the "Provisions on Administrative Law Enforcement Organs Transfer of Suspected Criminal Cases” should be followed to transfer them to the public security organs to open a case and investigate, resolutely preventing phenomenon such as the use of administrative punishments in place of criminal penalties, the failure to pursue crimes, lowering the standard of handling.
VIII. Strengthen Law Enforcement Oversight. All judicial administrative organs should earnestly carry out administrative law enforcement oversight duties given by the people's government at that level, establishing and improving mechanisms for coordination on administrative law enforcement controversies and coordinated handling of illegal law enforcement conduct, to strengthen the efficacy of administrative law enforcement oversight. Oversight and guidance of the local epidemic prevention and control efforts should be strengthened, urging and guiding administrative law enforcement organs in completing each item of epidemic prevention and control work, and promptly coordinating, researching, and resolving legal contention and issues created during law enforcement. Greatly emphasize public opinion, complete mechanisms for complaints and reports fully utilizing the current administrative law enforcement oversight platform for issues that the public and enterprises have had a strong reaction to such as failures to enforce, simplistic or crude enforcement, or excessive enforcement, and after reports are received, they should be promptly transferred to be addressed by the relevant law enforcement organs, making it so that administrative law enforcement activities can be complained about, tracked, and overseen. Every administrative law enforcement unit should publish administrative law enforcement oversight channels and contact methods, and make dedicated personnel responsible, and complaints and reports involving administrative law enforcement activities related to epidemic prevention and control activities should be promptly reviewed and responded to. Guidance, training, and oversight should be strengthened for mass autonomous organizations, enterprises, public institutions, and other entities that aren't administrative law enforcement organs and their personnel for epidemic prevention and control, to prevent their implementation of excessive measures for epidemic prevention and control. Where in the course of law enforcement oversight, it is discovered that cases have errors or clear improprieties in areas such as determination of facts, application of law, or punishment, an oversight opinion should be promptly issued urging the relevant administrative law enforcement organs to promptly correct it. Explore the establishment of a case guidance system for administrative law enforcement.
IX. Strict Responsibility in Law Enforcement. All levels of administrative law enforcement organs' strict implementation of law enforcement responsibility systems should be promoted, to ensure the success of epidemic prevention and control measures drafted by the Party Central Committee, State Council, and each local department. Law enforcement authority should be strictly delineated, with corresponding responsibility indicated, to promote the establishment and completion of an administrative law enforcement responsibility system in which 'law enforcement has a basis, behavior is regulated, power is restrained, processes have oversight, and there is accountability for violations. Establish and complete mechanisms for investigating and pursuing responsibility, strictly pursue responsibility for all issues in epidemic prevention and control law enforcement for which responsibility should be pursued, such as lackluster or unjust law enforcement, or even corruption. The responsibility of those whose derelict their duties should be strictly pursued, such as having perfunctory workstyles, lackluster implementation, concealing the truth, misrepresentations, and even obstructing or resisting epidemic prevention and control work. Where it is necessary to pursue Party and government discipline, it should be transferred to the discipline and supervision organs for handling in accordance with law. Where crimes are involved, it should be transferred to the judicial organs for handling in accordance with law.
X. Increase Safeguards for Law Enforcement. Strictly follow the requirements related to administrative law enforcement work to coordinate relevant departments serving and ensuring the needs of frontline epidemic prevention and control work, fully allotting administrative law enforcement equipment and gear, increasing the allocation of masks, thermometers, disinfectant, and other items, as well as assurances for joint prevention and control logistics work such as meals, night shifts, and transportation, to ensure the normal and regular implementation of administrative law enforcement activities. Frontline epidemic prevention and control forces should be reasonably managed, strengthening health inspections, operational guidance, induction training, and safety protections for law enforcement personnel; and resolutely prevent working while ill. The personal safety of administrative law enforcement personnel should be ensured, and all interference with official duties, resistance of law enforcement, and other illegal and criminal acts should be cracked down on to truly preserve the authority of law enforcement. Law enforcement personnel should be shown concern and care, full safeguards should be given for the lawful rights and interests of law enforcement personnel, and commendations and awards should be given to those with outstanding performance in epidemic prevention and control efforts.
All levels of judicial administrative organ should give full play their functions of organization and mobilization, law enforcement coordination and oversight, and advice and assistance in the administrative region's epidemic prevention and control legal work, strengthen research of common administrative law enforcement legal issues arising in epidemic prevention and control efforts, and do a good job of legality review for major administrative decisions and administrative law enforcement decisions involved in epidemic prevention and control, to ensure the legal validity of major decisions put forward.