Provisions on Public Security Organs' Efforts to Preserve the Authoritativeness of Police Law Enforcement

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Article 1: These Provisions are drafted on the basis of the "People's Police Law of the P.R.C.", the "Public Security Organ Inspection Regulations" and other relevant laws and regulations, so as to ensure the public security people's police's lawful performance of their duties, exercise of rights, and to preserve the dignity of the nation's laws and the authority of law enforcement by the people's police.

Article 2: Public security organs and their people's police shall perform their duties and exercise their authority strictly in accordance with law, establishing a strict, regular, just, and civilized image of law enforcement, and increasing the credibility and authoritativeness of law enforcement.

Article 3:  公安民警依法履行职责、行使职权受法律保护,不受妨害、阻碍,民警及其近亲属的人身财产安全不因民警依法履行职责、行使职权行为受到威胁、侵犯,民警及其近亲属的人格尊严不因民警依法履行职责、行使职权行为受到侮辱、贬损。

Article 4: Public security organs of people's governments at the county level or above shall establish a Committee for the Preservation of the Authoritativeness of Law Enforcement by the People's Police with the Inspector General presiding, and members from departments such as for policing oversight inspections and law, policing safeguards, Government human resources, education and training, news and publicity, and law enforcement and case handling.

The office of the Committee for the Preservation of the Authoritativeness of Law Enforcement by the People's Police is to be established in the policing oversight inspections department, and is specifically responsible for coordinating oversight of cases of infringement on the authoritativeness of law enforcement by the people's police, accepting and investigating related applications and collateral appeals by people's police, and providing remedies, restoration of reputation, loss recovery for people's police that have suffered an infringement.

Article 5: The public security organs, together with the procuratorates and trial organs and publicity departments and so forth, shall establish coordination and connectivity mechanisms for efforts to preserve the authoritativeness of law enforcement by people's police, and strengthen communication and coordination in work.

Article 6: Public security organs may use methods such as hiring legal consultants or full-time lawyers, to provide legal services to people's police in the lawful performance of their duties and exercise of their authority, and to strengthen legal safeguards for efforts to preserve the authoritativeness of law enforcement by people's police.

Article 7: Public security organs shall establish and improve mechanisms for publishing news to preserve the authoritativeness of law enforcement by people's police, with the policing oversight inspections department, together with the departments for publicity, law, and so forth, promptly releasing relevant information and responding to social concern and strengthening popular legal education.

Article 8: Where people's police suffer and of the following situations in the course of lawfully performing their duties or exercising authority, or as a result of doing so, the public security organs shall actively preserve the authoritativeness of law enforcement by the people's police:

(1) was violently attacked;

(2) was struck, run over, or dragged, or hit by a car;

(3) was heckled or harassed by a crowd, surrounded and contained, charged or obstructed;

(4) had property seized, was torn at, pulled, pushed, or otherwise infringed upon;

(5) they or their immediate family was threatened, intimidated, insulted, defamed, or harassed;

(6) they or their immediate family was falsely accused or attacked in revenge;

(7) was subject of malicious complaints, or stirring up trouble;

(8) they or their immediate family's privacy was encroached upon;

(9) was erroneously pursued for liability or received an unfair sanction or disposition;

(10) other situations where the authoritativeness of law enforcement was encroached upon.

Article 9: Where the perpetrator's conduct encroaching on the authoritativeness of law enforcement by the people's police constitutes a crime, criminal responsibility is pursued in accordance with law; where a crime is not constituted, but a violation of the administration of public security is constituted, a public security administrative sanction is to be given in accordance with law.

Where people's police suffer harms to their persons or property from the perpetrator's conduct, the public security organs shall support the people's police in preserving their lawful rights and interests through channels such as initiating an civil suit attached to criminal proceedings or a[separate] civil proceeding.

Public security organs handling criminal or public security administration cases infringing on the authoritativeness of the law enforcement by people's police, are to apply provisions on recusal in the "Criminal Procedure Law", "Public Security Administrative Punishments Law" and the "Peoples Police Law"

Article 10: Where people's police themselves, or their immediate families, suffer intimidation and threats, provocation and harassment, being followed, or infringements of their person or property due to their lawful performance of their duties or exercise of their authority, the public security organs where they are located and that have jurisdiction shall promptly employ protective measures and lawfully pursue the legal responsibility of the perpetrator.

Article 11: Where people's police are unlawfully infringed on the scene of their law enforcement duty, the people's police and their department, shall lawfully employ measures to stop the infringement and immediately report to the command departments for their public security organs. The public security organs' command departments shall quickly organize forces to handle it and simultaneously report to the policing oversight inspections departments. The policing oversight inspections departments are to dispatch personnel to the scene to preliminary investigate the situation, assist in controlling the situation, and oversee disposition in accordance with law.

Article 12: The public security organs' command departments shall quickly organize forces to handle it and simultaneously report to the policing oversight inspections departments.

Article 13: When public security organs handle criminal or public security administration cases infringing on the authoritativeness of law enforcement by the people's police, based on the complexity of the situation and the seriousness of the consequences caused, the law department shall, in light of the circumstances, enter the case earlier, strengthen audits and reviews, and conduct guidance on the characterization of the case, the collection of evidence, and the disposition, to ensure that the facts of the case handling are clear, the evidence is conclusive, the procedures are lawful, and the law is correctly applied.

Article 14: Where people's police performance of their duties or exercise of their authority in accordance with legally-prescribed requirements and procedures, causes harm to the lawful rights and interests of citizens, legal persons, or other organizations, the people's police do not personally bear lawful responsibility; and the public security organs they belong two are to subsidize the harms caused in accordance with relevant state provisions.

Article 15: Public security organs shall strictly follow laws and regulations to pursue responsibility for fault in law enforcement. People's police must not be given sanctions of dispositions such as being relieved from duty or confined, or dismissed, demoted, removed or sanctioned, for reasons other than those legally prescribed and in accordance with legal procedures.

Public security organs shall not be impacted by stirring up public opinion, petitioning, and complaints, or other human factors, inappropriately or covertly pursuing people's police's responsibility, to make the sanctions or disposition more severe.

Article 16: Based on the facts, circumstances, and consequences of the conduct, comprehensively considered with objective factors and an objective assessment of the nature of people's police's conduct, the public security organs shall distinguish between fault, flaws, and accidents, and make a determination of responsibility in accordance with laws and regulations.

对于民警依法履职尽责,受主观认知、客观条件、外来因素影响造成一定损失和负面影响的行为或者出现的失误,以及民警非因故意违法违规履职,及时发现并主动纠正错误,积极采取措施避免或者减轻危害后果与影响的,公安机关应当从轻、减轻或免于追究民警的责任,或者向检察机关、审判机关提出从轻、减轻或者免于追究民警刑事责任的建议。

Article 17: Where there is controversy as to issues such as whether people's police's conduct was lawful performance of duties or exercise of authority, or whether there was fault in law enforcement, the Committee for the Preservation of the Authoritativeness of Law Enforcement by the People's Police shall organize professional personnel to form an experts group to conduct a review, and issue written opinions on the debate that will be a major basis for consideration in the public security organs' internal determination of responsibility. Where disciplinary inspection organs or procuratorial organs enter an investigation, the public security organs shall promptly provide them with the opinions on the debate, and strengthen communication.

Article 18: Where people's police receiving a major demerit or higher sanction due or are dismissed due the lawful performance of their duties or exercise of authority, have objections and submit a collateral appeal, the Committee for the Preservation of the Authoritativeness of Law Enforcement by the People's Police for the public security organs where the people's police are located shall hear the party police officers' statements and defenses and conduct a comprehensive review of the facts, grounds, basis, and procedures, and where finding that the disposition decision is improper, shall provide a review comment to the department that made the decision. The sanction or disposition must not be increased, or indirect revenge taken, because police raise a collateral appeal.

Article 19: When people's police are investigated by the procuratorate due to their performance of duties or exercise of authority, or when otherwise necessary, public security law department and the legal consultants or full-time lawyers hired by public security organs shall provide necessary legal cooperation in the investigation and handling of the matter.

Article 20: Where people's police feel that they have been infringed upon due to their lawful performance of duties and exercise of authority, the people's police, as well as their immediate families or their units, may submit an application for preservation of the authoritativess of law enforcement to the public security organs' departments for policing oversight inspections; in ordinary situations, the application shall be submitted in written form, but may be submitted orally in emergencies.

Policing oversight inspection departments that, in the course of work, discover situations or leads on infringements on the authoritativeness of law enforcement by the people's police, shall proactively initiate the relevant working procedures.

Article 21: Where in the course of handling infringement on the authoritativeness of people's police's law enforcement, the policing oversight inspections departments find that handling shall be coordinated with the policing oversight inspections department of the public security organs at the level above, they may request that the policing oversight inspections department of the public security organs at the level above coordinate the handling.

The policing oversight inspections department of the public security organs at the level above may order a lower level public security organs department for policing oversight inspections to conduct an investigation of specific matters, or when necessary may directly carry out an investigation.

Article 22:  民警因依法履行职责、行使职权行为受到公安机关内部不公正处分、处理,经核查属实的,警务督察部门应当督促相关部门限期纠正。

Article 23: Where as a result of their lawful performance of duties or exercise of authority, people's police receive complaints, are framed or defamed, insulted, maliciously 'stirred up' or incorrectly reviewed and investigated or pursued for responsibility, the relevant departments are to make corrections, and the department for policing oversight inspections shall issue a rights protection legitimization certificate to the party people's police in a public fashion, and clear up the facts and dispel impact in a certain range. Where internal sanctions or dispositions were given, the public security organs shall promptly revoke the relevant decision and restore the people's police's professional status, and original title and rank.

Article 24: Public security organs shall establish a system of bereavement payments for the preservation of the authoritativeness of people's police law enforcement, standardizing approvals and managing its use. The public security organs to which people's police belong, and their departments for government employee affairs, and for policing oversight inspections' responsible persons shall present bereavement payments to people's police who are infringed upon as a result of lawfully performing their duties or exercising their authority.

Article 25: Public security organs shall recruit specialized personnel to carry out psychological intervention and therapy, relieving and easing psychological stress and burdens when necessary, for people's police that have been infringed upon due to the lawful performance of their duties or exercise of their authority, and their immediate families.

Article 26:  公安机关应当经常开展常用法律法规培训和安全防护理念教育,加强民警基础体能、基本技能、常见警情处置、现场警务指挥等警务技战术训练,规范现场执法执勤行为,提升安全防护能力和现场处置水平。

Article 27: Public security organs shall strengthen analysis and research on rules and characteristics of conduct infringing on the authoritativeness of law enforcement by people's police, assessing law enforcement risks, and strengthening security guidance, precautions and prevention.

Article 28: In any of the following circumstances, pursue the responsibility of relevant leadership and responsible parties in accordance with law:

(1) where not implementing systems, not giving sufficient safeguards, or command errors, causes infringement of the authoritativeness of law enforcement by people's police;

(2) Where relative situations aren't reported to the public security organs at the level above as required;

(3) Where redress and remedial measures are not promptly employed;

(4) Where handling of cases of infringement on the authoritativeness of law enforcement by the people's police is obstructed or disrupted;

(5) Where serious impact is caused by sluggish work or stalling, to the handling of cases of infringement on the authoritativeness of law enforcement by the people's police;

(6) Where perpetrators of conduct infringing on the authoritativeness of law enforcement by the people's police are not addressed, in violation of laws and regulations;

Article 29: Where public security people's police encounter emergency situations within the scope of their duties outside of work hours and suffer unlawful infringements while carrying out preliminary disposition based on the circumstances at the scene and after indicating their identities, the public security organs are to follow these measures to preserve the authoritativeness of law enforcement.

Article 30: (6) "Close relatives" as used in these Provisions refers to husbands, wives, fathers, mothers, sons, daughters and full siblings.

Article 31: Where auxiliary police personnel suffers unlawful infringement while assisting people's police in the lawful performance of their duties or exercise of their authority, apply these provisions by reference in carrying out relevant work.

Article 32: 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 implementation rules based on these Provisions.

Article 33: These Provisions take effect on February 1st, 2019. Where Provisions formulated by the Ministry of Public Security prior to the promulgation of these Provisions are inconsistent with these Provisions, these Provisions are to prevail.

 

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