Maritime Law Enforcement Of Public Security Organs Regulations

Original Language Title: 公安机关海上执法工作规定

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(September 26, 2007 the Ministry of public security announced the 94th come into force on December 1, 2007) Chapter I General provisions article I work for strengthening and regulating the maritime law enforcement of public security organs, safeguard national security and maritime law and order, protect public property and the personal property security, according to the People's Republic of China people's police law, the People's Republic of China Law on administrative penalties for public security, the People's Republic of China criminal procedure of Areva, the People's Republic of China Law on the territorial sea and the contiguous zone and the
    People's Republic of China Law on exclusive economic zone and the continental shelf and other relevant laws, these provisions are formulated.
    Article II maritime law enforcement duties of public security organs, assumed by the border police and other departments of the public security organs, but, except as otherwise provided by laws and regulations.
    The provisions of article III of the said border police, refers to the public security Frontier Corps along the coast and the maritime police detachment, Marine Police Brigade.
    Coastal public security Frontier Corps, maritime police detachment and Maritime Police Brigade to handle law and order at sea and criminal cases, respectively (City) Government public security organ, the people's Governments at the county level public security organs and police station in respective areas of competence.
    Fourth to occur in our country's internal waters, territorial sea, contiguous zone, exclusive economic zone and the continental shelf of violating the administration of public security laws and regulations, regulations of irregularity or suspected criminal behavior, by border police in accordance with China's relevant laws, regulations and rules, the exercise of jurisdiction.
    Article fifth frontier in the coast guard in maritime law enforcement should be strengthened with Foreign Affairs, the Navy, customs, fishery, marine, Coast Guard, and other related sectors of collaboration and cooperation.
    Second chapter duties permission sixth article police border sea police law perform following duties: (a) prevention, and stop, and investigation sea illegal crime activities, maintenance national security and waters security order; (ii) is responsible for sea important target of security guard; (three) participation sea rescue rescue, protection public property and citizens personal property security; (four) in accordance with provides carried out sea law enforcement cooperation; (five) legal, and administrative regulations and the Ministry of public security law gives of other duties.
    Seventh article police border sea police perform Qian article provides of duties Shi, can law exercise following terms: (a) on sea occurred of violation police administration legal, and regulations, and regulations of security case for survey processing; (ii) on sea occurred and belongs to police organ jurisdiction of criminal case for investigation; (three) on violation police administration legal, and regulations or suspected crime of personnel, and and illegal crime behavior about of tool or items, take boarding, and check, and implementation arrested, and detained, measures;
    (D) for the prevention and punishment of China's land territory, internal waters, territorial sea within the security, smuggling, borderline (border) and other illegal acts, regulation in the contiguous zone (v) for violating the administration of public security laws and regulations or foreign ships suspected of crime overtook; (f) laws, regulations, other powers and functions exercised by the public security organs.
    Article eighth of personnel suspected of crimes, border police may, in accordance with the People's Republic of China the people's police law and the regulations on the public security authorities for further interrogation, exercising the right to cross-examination, check right on the spot and continued questioning.
    Approved by the approval of the public security Frontier Corps of coast guard detachment, can meet the conditions of maritime police brigade set waiting room asked.
    Nineth to effectively combat crimes, border police may, in accordance with the People's Republic of China police use of firearms and weapons provisions of the Ordinance, the use of apparatus and weapons. Chapter III jurisdiction of tenth Division of coastal sea areas under the jurisdiction of public security Frontier Corps drawn by the Ministry of public security border control Bureau.
    Sea areas under the jurisdiction of the maritime police detachment of the public security Frontier Corps, and reported to the location of the border administration of the Ministry of public security and provincial, autonomous regional and municipal Public Security Bureau, the Bureau, and to inform the Navy, customs, fishery, marine, maritime surveillance and other related departments.
    Coastal water police, Harbor police jurisdiction does not change.
    11th when the delimitation of sea areas under the jurisdiction, should the need to fully consider the case can not be limited by administrative districts demarcation of sea borders.
    12th Marine General security cases that occurred from violations sea Brigade of police jurisdiction; major, complex, international case, by the sea police detachment jurisdiction the violation occurred; criminal cases occurring in the sea, by the sea police detachment jurisdiction of the crime.
    The same provinces, autonomous regions and municipalities across the sea areas under the jurisdiction of maritime police detachment within the public security and criminal cases from illegal sea detachment of police consultation jurisdiction the crime through inconsistent and specified by the public security Frontier Corps jurisdiction.
    Across the provinces, autonomous regions and municipalities directly under the jurisdiction of law and order and criminal cases, consultation by the illegal and criminal acts of maritime public security Frontier Corps determines jurisdiction through inconsistent and specified by the Ministry of public security border control Bureau's jurisdiction.
    If criminal suspects or major police jurisdiction where the offence occurs more appropriate, by the illegal and criminal suspects or major crime was committed by the public security organs under the jurisdiction dispute or special circumstances of law and order and criminal cases, prefectural (City) level, provincial-level public security organ or the Ministry of public security to exercise jurisdiction.
    To be handed over to criminal suspects or major police jurisdiction over a case where the crimes occurred, border officers should be criminal suspects, together with the seized goods, goods, means of transport and the case file, together with.
    Chapter fourth border police enforcing the cases go through the 13th article, should make decisions in their own name and produced legal instruments, legal instruments required by the public security Frontier Corps format printed in accordance with the Ministry of public security.
    Border police enforcing the 14th article, should be located in provinces, autonomous regions and municipalities public security departments and bureaus under the leadership of, accept the security authorities at their place of harmonization, and to tie in with the local Government of public security organs and the business sector, to strengthen collaboration.
    Local people's Governments and its business units of public security organs shall cooperate with the public security border defense police case and to support its request for assistance in the case.
    Border police and the public security organs of the local people and its business units in case handling, and when there are differences in the collaboration, prefectural (City) level, provincial-level public security organ or the coordination of the Ministry of public security solution.
    15th border police to handle security cases or criminal cases, violations shall decide administrative detention or decide to arrest, arrest suspects and sent home detention or detention center, County, city, District Executive.
    Public security border-control police decided to bail, surveillance, criminal suspect Executive residence or the residence police station.
    16th frontier police in handling criminal cases, need to request for approval of arrest or submitted for examination and prosecution, shall transfer to the local people's Procuratorate brought to or.
    17th frontier maritime police seized suspected of tax-related criminal cases of smuggling, criminal suspects should be involved, together with the seizure of smuggled goods, smuggling of goods and means of transport, be transferred to the local customs authorities according to law.
    18th the citizens, legal persons or other organizations against maritime police group specific administrative acts apply for administrative review, by the coast guard brigades attached to the maritime police detachment in accordance with the law.
    Citizens, legal persons or other organizations on maritime police detachment of specific administrative acts apply for administrative review, by the maritime police detachment under the public security Frontier Corps in accordance with the law.
    Citizens, legal persons or other organizations to a specific administrative act to public security Frontier Corps refuses to apply for administrative review, by the Ministry of public security border defense authority in accordance with the law.
    Article 19th of citizens, legal persons or other organizations that the border police making violations of their legitimate rights and interests of a specific administrative act of administrative proceedings, by decisions of public security border Coast Guard officer appear in court.
    Article 20th citizens, legal persons or other organizations think the border police the illegal exercise of authority apply for national compensation for the damage caused by violations of their legitimate rights and interests, by the border police to take decisions in accordance with the law.
    Article 21st frontier defense officers jurisdiction cases should be borne by be qualified law enforcement officers, soldiers can assist in the implementation of tasks, but not engaged in the interrogation, inquiry and investigation case activity.
    22nd border police shall establish and improve internal supervision quality examination and appraisal, law enforcement and law enforcement fault responsibility investigation system, and accepts the Inspector of police departments field inspectors and legal supervision of procuratorial organ.
    Border police and his staff in violation of the law, rules, regulations and these provisions case, law enforcement liability shall be investigated for persons constitutes a crime, criminal liability shall be investigated for.
    Fifth chapter supplementary articles article 23rd is not clear, in accordance with the procedures of public security organs in handling administrative cases and the procedures of public security organs in handling criminal cases and the provisions on the procedures of administrative reconsideration of public security organs and other provisions. 24th article of the regulations come into force on December 1, 2007.
                                              The provisions established by the Ministry of public security before publishing the relevant provisions are inconsistent with this provision, is subject to this provision.

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