Standing Committee of the national people's Congress on revising the People's Republic of China the people's police law decision
(October 26, 2012 adopted by the 29th session of the Standing Committee of the 11th NPC on October 26, 2012 People's Republic of China presidential order promulgated as of January 1, 2013, 69th), the 29th meeting of the Standing Committee of the 11th NPC decision on the People's Republic of China the people's police law as follows:
Article sixth 11th amendment as follows: "on the execution of punishment of offenders sentenced to criminal detention, deprivation of political rights."
This decision shall enter into force on January 1, 2013.
People's Republic of China the people's police law in accordance with this decision be revised and republished. Attachment: People's Republic of China the people's police law (amended in 2012) (February 28, 1995 adopted at the 12th meeting of the Standing Committee of national people's Congress on February 28, 1995, People's Republic of China order of the President of the 40th release October 26, 2012, adopted by the 29th session of the Standing Committee of the 11th NPC on October 26, 2012 People's Republic of China President to the 69th release since January 1, 2013
Standing Committee of the national people's Congress to amend People's Republic of China the people's police law decision on amendments)
Directory
Chapter I General provisions
Chapter II competence
Chapter III obligations and disciplines
The fourth chapter organization and management
The fifth chapter of police protection
Sixth chapter law enforcement and supervision
The seventh chapter legal liability
The eighth chapter supplementary articles
Chapter I General provisions
The first in order to safeguard national security and social order, and protect the legitimate rights and interests of citizens, strengthening the construction of people's police, being strict with police, improve the quality of people's police, security police exercises its powers according to law, guarantee the smooth progress of reform and opening up and the socialist modernization in accordance with the Constitution, this law is enacted.
Second police mission is to safeguard national security, maintain social order and protection of the personal security, liberty, and property of the citizens and protect public property, prevention, suppression and punishment of the illegal and criminal activities.
Including public security, State security organs, the people's police prisons, reeducation-through-labor administrative organs and people's courts and people's procuratorates of the people's police of judicial police.
Article people's police must rely on the support of the people, maintain close contact with the people, listen to people's views and recommendations, and accept their supervision, maintain the interests of the people, to serve the people.
The fourth people's police must be to the Constitution and the law for the conduct, loyalty, honesty, discipline, obedience and strict law enforcement.
Article fifth police perform their duties according to law, are protected by law.
Chapter II competence
Sixth police of public security organs in accordance with the Division of responsibilities, shall perform the following functions:
(A) to prevent, deter and detect illegal and criminal activities;
(B) maintaining social order and suppression of acts against public order;
(C) maintenance of traffic safety and traffic and traffic accidents;
(D) organize and implement fire prevention and fire protection;
(E) the management of firearms, ammunition, controlled knives and inflammable, explosive, poisonous, radioactive and other dangerous goods;
(F) management of special trade provisions of laws and regulations;
(G) the security state of a particular person, and guarding important establishments and facilities;
(H) management of Assembly, of procession and of demonstration activities;
(IX) manage the entry and exit of domicile, nationality, residence and travel of foreigners in China and related matters;
(J) maintain (border) areas of law and order;
(11) on the execution of punishment of offenders sentenced to criminal detention, deprivation of political rights;
(12) the supervision and management of computer information system safety protection;
(13) the guidance and supervision of the State organs, public organizations, enterprises, institutions and key construction projects of public security work and guide security preparedness of the public security Committee and other mass organizations;
(14) other duties stipulated by laws and regulations.
The seventh public security organs of the people's police of violating the administration of public security administrative laws and regulations or other individuals or organizations, may impose compulsory administrative measures and administrative penalties according to law.
The eighth public security organs of the people's police for seriously endangering social order or a threat to public safety personnel, can be forcibly taken away from the scene, according to detain or to take other measures prescribed by law.
Nineth for maintaining social order and public security organs of the people's police officers suspected of crimes, to produce appropriate documents, interrogations, on the spot checks upon questioning, inspection, any of the following circumstances, you can take them to the public security organs, through ratification of the public security organs, its continuing cross-examination:
(A) the accused of criminal acts;
(B) suspected of the crime;
(C) suspected of the crime of unidentified;
(D) potentially, carriers of goods stolen. Indwelling time of the questioned people to bring to the public security organs of up to 24 hours, in exceptional cases, approved by the public security organs above the county level can be extended to 48 hours and should keep interrogation records. Approval for further interrogation, and shall immediately inform their families or their unit.
For not approving further interrogation, he shall be released immediately by questioning people.
After continued questioning, the public security organ considers to be questioning people need to take detention or other coercive measure shall decide the period prescribed in the preceding paragraph; the period prescribed in the preceding paragraph cannot be made the decision, he shall be released immediately by questioning people.
The tenth case of resisting arrest, rioting, escapes, Rob gun violence or other emergency, the public security organs of the people's police in accordance with the relevant provisions of the State can use the weapons.
11th needed to deter serious crimes, police of the public security organs in accordance with the relevant provisions of the State can be the use of firearms.
12th for the investigation of criminal activity needs, public security organs of the people's police law of detention, search, arrest, or other coercive measures.
13th the police arising from the performance of duties of public security organs emergency needs, to produce appropriate documentation can have priority in using public transport, traffic obstruction, and priority.
The needs of public security organs for investigation of crime and, if necessary, in accordance with the relevant provisions of the State, priority use of State organs, organizations, enterprises and institutions and individual means of transport, communication tools, sites and buildings, should be returned promptly after use, and pay the appropriate fee; losses caused shall compensate. 14th public security organs of the people's police of serious harm to the public safety or the physical safety of others mental patients can take restrictive measures.
Need to be sent to designated units and places of custody, shall be submitted to the approval of the people's Governments above the county-level public security organs, and inform their guardian.
The 15th people's Governments above the county level public security organ for the prevention and suppression of acts seriously endangering social order, can in a certain area and time, restricting the movement of persons, vehicles or stay, if necessary, implement traffic control.
Public security organs of the people's police in accordance with the provisions of the preceding paragraph, can take appropriate traffic management measures.
16th the needs of public security organs for investigation of crime, according to the relevant regulations of the State, through strict approval procedures, technical reconnaissance measures can be taken.
17th public security organs above the county level people's Government, approved by the superior public security organs and the people's Governments at the same level that seriously endanger public order emergencies, based on the site control.
Public security organs of the people's police in accordance with the provisions of the preceding paragraph, may be forced to take the necessary means to disperse, and refuses to obey officers forcibly take away or detain them immediately.
18th State security agencies, prisons, reeducation-through-labor management organs and people's courts and people's procuratorates of the people's police of the judicial police, in accordance with the provisions of relevant laws and administrative rules and fulfil its mandate.
19th police during non-working hours, in the event of emergency situations within the scope of their duties, shall perform the duties.
Chapter III obligations and disciplines
The 20th police must do:
(A) the law impartially and fair;
(B) model to comply with ethics;
(C) the polite, civil duty;
(D) respect for the customs of the people
21st police met citizens ' personal and property safety violations or in other situations of distress should be immediate relief; requirements for citizens to resolve the dispute, should be given help; the alarming cases of citizens, should be investigated in a timely manner.
Police should actively participate in emergency rescue and disaster relief, and social work.
22nd the police shall not be any of the following acts:
(A) spreading damage national reputation comments, participating in an illegal organization, participate in rallies, processions, demonstrations and other activities against the State, take part in the strike;
(B) disclose State secrets, secret police work;
(C) the falsification, concealment case, shielding and conniving illegal and criminal activities;
(D) torture or corporal punishment, ill-treatment of prisoners;
(E) unlawful deprivation of, restricting personal freedom, illegal searches, belongings of others, residence or place;
(F) extortion or to ask for or accept a bribe;
(VII) assault others or instigate others to beat;
(H) the unlawful imposition of penalties or fees;
(I) the parties and their agents treat or gift;
(J) engage in profit-making business activities or employed by any person or organization;
(11) the negligence, failure to comply with statutory obligations;
(12) other acts of lawlessness.
23rd people's police must comply with the requirements, sign wearing police or police documents, keeping Police appearance neat, behave.
The fourth chapter organization and management
24th State according to the nature of police work, tasks and features, provides organization and title sequences.
25th the people's police law police rank system.
Article 26th the people's police shall meet the following conditions:
(A) citizens of 18 years of age;
(B) support People's Republic of China Constitution;
(C) have fine political and professional quality and good conduct;
(D) health;
(E) have graduated from high school or higher education;
(F) voluntary work in the police.
Any of the following circumstances, police must not:
(A) have been subjected to criminal punishment for crime;
(B) has been dismissed.
27th hiring police, must be in accordance with State regulations, public examinations and rigorous assessment, choose.
28th post of police leadership personnel, subject to the following conditions:
(A) has knowledge of the legal profession;
(B) has a political and legal work experience and a certain degree of organization and management, command ability;
(C) have a college education;
(D) the police college training and examinations.
29th national development of police education, police plan to conduct political, legal and police services, such as education and training.
30th State according to the nature of police work, tasks and features respectively different length of service and age of different positions of the highest Office. 31st police's outstanding performance in individual or collective work, have made significant achievements and special contribution and reward.
Awards include: citation, three, class II, merit citation class I, an honorary title.
Police on the award, in accordance with the relevant provisions of the State can be promoted ahead of rank and given material rewards.
The fifth chapter of police protection
The 32nd police must carry out decisions and orders.
Police think the decisions and orders with errors, and can make recommendations in accordance with regulations, but shall not suspend or change the implementation of decisions and orders; the views expressed when it is not accepted, must obey the decision or order; the consequences of executive decisions and orders made the decisions and orders of superiors.
33rd people's police law directives and regulations of the people's police area of responsibility, the right to refuse, and report to the higher authorities. 34th people's police from performing their duties, citizens and organizations should provide necessary support and assistance. Citizens and organizations to assist in performing their duties according to law by the people's police law.
To help police perform their duties have made significant achievements, recognition and rewards.
Citizens and organizations who assisted the police from performing their duties, resulting in personal injury or property damage, shall be in accordance with the relevant provisions of the State, give pensions or compensations.
35th refuse or impede the police perform their duties according to law, any of the following acts, given administrative penalties for public security:
(A) the affront are performing their functions, the people's police;
(B) impede the police investigation and evidence collection;
(C) refuse or hinder people's police Executive Hunt, search and rescue tasks, such as entering the residence, place;
(D) to perform rescue, recovery and chasing police car intentionally set obstacles, guards and other urgent tasks;
(E) refuse or hinder the police from performing their duties of other acts.
To acts of violence or threat of implementation of the provisions of the preceding paragraph, constitutes a crime, criminal responsibility shall be investigated according to law.
Article 36th police police flags, uniforms and firearms, produced by the public security department under the State Council, in conjunction with the other relevant organs of management and other individuals and organizations have no illicit manufacture and trafficking.
Police police flags, uniforms, firearms, documents for the police's special, and other individuals and organizations are not allowed to hold and use.
Violation of the provisions of the preceding two paragraphs, the confiscation of illicit manufacture of, trafficking in, possession, police used police flags, uniforms, firearms, documents, 15th following the detention by public security organs or given a warning, and may be fined not more than five times the illegal income constitutes a crime, criminal responsibility shall be investigated according to law. Funding for the 37th state security police.
Police funding, in accordance with the principle of Division, respectively in the Central and local budgets.
Article 38th communications necessary for police work, training facilities and transport, fire and police stations, monitoring sites and the infrastructure, Governments at all levels should be included in the capital master plan and overall planning of urban and rural construction.
The 39th State to strengthen the modernization of police equipment, and efforts to promote, the application of advanced scientific and technological achievements.
40th police implementation of the civil servant salary system and enjoy the national rank allowance and other allowances, subsidies and insurance benefits.
41st people's police who maimed and disabled soldiers enjoy the same for the public pensions and benefits.
Policemen died while on duty or died, their family members and died while on duty or died on active duty military families enjoy the same pension and benefits.
Sixth chapter law enforcement and supervision
The 42nd Police from performing their duties, shall be subject to the supervision of the people's procuratorates and administrative supervisory organs.
43rd article of superior authority to subordinate organs of the people's police law enforcement monitoring activities, and found the mistake or decision made by it to proceed, shall be revoked or changed. 44th police from performing their duties, must consciously accept the supervision of society and citizens.
Police authorities directly concerned with the public interest provisions shall be released to the public.
Article 45th policemen in the process of handling public security cases, in the event of any of the following circumstances shall withdraw, the party or his legal representative have the right to request him to withdraw:
(A) is this case litigant or is litigant's close relative;
(B) or any of his close relatives and have a stake in this case;
(C) other relationships with the parties to the case, could affect the impartial handling of the case.
Withdrawal of the provisions of the preceding paragraph, decided by the relevant public security organs.
In the handling of criminal cases by the people's police in the process of withdrawal of the applicable provisions of the Criminal Procedure Act. 46th a citizen or organization the people's police law, disciplinary power to police organs or a people's Procuratorate, the watchdog report and complaint.
Organs accepting the report and accused shall timely investigate and communicate investigation results to the prosecutors, complainants.
Reported, against citizens or organizations in accordance with law, no one may suppress and retaliation.
47th public security organs to establish system of supervision, public security organs, the people's police law enforcement, regulation, discipline and supervise.
The seventh chapter legal liability
48th police have one of the acts listed in article 22nd of this law shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. Administrative sanctions include: warning, demerit, demerit, demotion, dismissal, expulsion.
Police on the administrative sanctions, in accordance with the relevant provisions of the State, can reduce his police rank badges, cancel.
Police for breaches of discipline, if necessary, to take measures to stop carrying out their duties, imprisoned.
The 49th police violate the use of weapon or police apparatus, which constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, they shall be given administrative sanctions.
50th police in carrying out their duties, damages caused by violations of the legitimate rights and interests of citizens or organizations, shall, in accordance with the People's Republic of China on State compensation law and other relevant laws and regulations for compensation.
The eighth chapter supplementary articles
51st Chinese people's armed police force in carrying out national security tasks. 52nd this law come into force on the date of promulgation. Published on June 25, 1957, of the People's Republic of China Police Ordinance be repealed simultaneously.
