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中华人民共和国戒严法 MARTIAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA

2006-05-15 23:41   我要纠错 | 打印 | 收藏 | | |

(Adopted at the 18th Meeting of the Standing Committee of the Eighth National People's Congress, promulgated by Order No. 61 of the President of the People's Republic of China on March 1, 1996)
颁布日期:19960301  实施日期:19960301  颁布单位:全国人大常委会

  Contents

  Chapter I General Provisions

  Chapter II Enforcement of the Martial Law

  Chapter III Measures for Enforcement of the Martial Law

  Chapter IV Duties of the Martial Law Enforcers

  Chapter V Supplementary Provisions

  Chapter I General Provisions

  Article 1 Pursuant to the Constitution of the People's Republic of China, the present Law is formulated.

  Article 2 In case of occurrence of turmoil, tumult or serious riot that imperils the unity, safety or social public order of the state to such an extent that the social order would not be maintained and the people's personal and property safety not protected if extraordinary measure should not be adopted, the state may decide to enforce the martial law.

  Article 3 The enforcement of martial law over the whole state or in particular province, autonomous region or municipality directly under the central government shall be proposed by the State Council and submitted to the Standing Committee of the National People's Congress for decision; the President of the People's Republic of China shall proclaim the order of martial law according to the decision of the Standing Committee of the National People's Congress.

  The enforcement of martial law in certain district of a province, autonomous region or municipality directly under the central government shall be decided by the State Council and the order of the martial law be proclaimed by the Premier of the State Council.

  Article 4 During the period of the enforcement of the martial law, with a view to ensuring the enforcement of the martial law, maintaining the social public order, the state may formulate according to the present Law special provisions of the district under martial law regarding the exercise of citizens' rights and freedom provided for by the Constitution and the law.

  Article 5 The people's governments of the district under martial law shall according to the present Law adopt necessary measures to restore normal social order as soon as possible, safeguard the personal and property safety of the people and ensure the supply of life necessities.

  Article 6 All organizations and individuals of the district under martial law shall rigorously abide by the order of the martial law and the prescriptions for the enforcement of the martial law and actively assist the people's government in restoring normal social order.

  Article 7 The state shall adopt effective measures to protect from infringement the legitimate rights and interests of the organizations or individuals who abide by or implement the prescriptions of the order of the martial law.

  Article 8 The tasks for the enforcement of the martial law shall be fulfilled by the people's police and armed people's police and, where necessary, the State Council may propose to the Central Military Commission for decision that the people's liberation army be dispatched for assisting to enforce the martial law.

  Chapter II Enforcement of the Martial Law

  Article 9 The enforcement of the martial law over the whole country or in particular province, autonomous region or municipality directly under the central government shall be organized by the State Council.

  The enforcement of the martial law in certain district of a province, autonomous region or municipality directly under the central government shall be organized by the people's government of the province, autonomous region or municipality directly under the central government, or, when necessary, directly by the State Council. The agency organizing the enforcement of the martial law is referred to as the martial law enforcement organ.

  Article 10 The martial law enforcement organ shall establish a martial law commanding body, which shall command and coordinate concerned departments to fulfill tasks for enforcement of the martial law, uniformly make arrangements and adopt measures for the enforcement of the martial law.

  The people's liberation army undertaking the martial law tasks shall, subject to the uniform arrangements of the martial law commanding body, be commanded by the military organ designated by the Central Military Commission.

  Article 11 The order of the martial law shall specify the area scope under the martial law, the starting and ending time and the enforcement organic.

  Article 12 Upon the removal of urgent situation for which the martial law was enforced according to provisions of Article 2 of the present Law, the martial law shall be lifted in time.

  The procedures regarding lifting of the martial law are the same with that governing the decision for the introduction of the martial law.

  Chapter III Measures for Enforcement of the Martial Law

  Article 13 During the period of the enforcement of the martial law, the martial law enforcement organ may decide to adopt the following measures in the district under martial law and formulate more detailed procedures for implementation thereof:

  (1) prohibiting or imposing restrictions on assembly, procession, demonstration, speech on street or other gathering activities;

  (2) prohibiting strike of employees, students and shopkeepers;

  (3) practising press censorship;

  (4) putting under control correspondence, post and telecommunications;

  (5) putting under control the exit from or entry into the border;

  (6) prohibiting any resisting activities against the enforcement of the martial law.

  Article 14 During the period of enforcement of the martial law, the martial law enforcement organ may decide to adopt measures in the district under martial law to control the traffic, impose restrictions on passengers' entry into and exit from the district under traffic control and inspect certificates of passengers, vehicles and commodities when they exit from or enter the district under traffic control.

  Article 15 During the period of enforcement of the martial law, the martial law enforcement organ may decide to impose a curfew on the district under the martial law. During the period of curfew, passengers when going through the street or other public places of the district under curfew shall hold identity card of their own and the special pass issued by the martial law enforcement organ.

  Article 16 During the period of enforcement of the martial law, the martial law enforcement organ or the martial law commanding body shall adopt special measures in the district under martial law for management of the following commodities and articles:

  (1) weapons and ammunitions;

  (2) cutting tools subject to control;

  (3) inflammables and explosives;

  (4) dangerous chemicals, radioactive substances and highly poisonous substances.

  Article 17 In light of the necessity for implementing the tasks of enforcement of the martial law, the people's government at and above the county level in the district under martial law may temporarily requisition the state organs, enterprises, institutions, social organizations or individual citizens for their houses, premises, facilities, conveyances or project machines. In most urgent cases the on-the-spot commanding officials of the people's police, the armed people's police or the people's liberation army undertaking martial law enforcement tasks may directly decide to make temporary requisitions and the local people's government shall provide assistance therefor. Requisition receipts shall be made out when the requisition is made.

  The aforesaid materials for temporary requisition shall be timely returned after their use have been finished or the martial law is lifted. In case of any damage because of the requisition the people's government at and above the county level shall make compensations according to relevant state provisions.

  Article 18 During the period of enforcement of the martial law, measures shall be adopted to strengthen guarding of the following units and premises of the district under martial law:

  (1) headquarters;

  (2) military agencies and important military facilities;

  (3) foreign consulates and embassies instituted in China, representative offices of international organizations in China and residing places of state guests;

  (4) import news units such as broadcasting stations, television stations, the state news agency and the important facilities thereof;

  (5) public enterprises or public facilities that have important significance to the national economy and the people's livelihood;

  (6) airports, railway stations and harbours;

  (7) prisons, labour reformatories and detention houses;

  (8) other units or premises that need to be guarded.

  Article 19 To safeguard the supply of life necessities for residents of the district under the martial law, the martial law enforcement organ may adopt special measures for the management of the production, transportation, supply and price of those life necessities.

  Article 20 The measures and procedures for the enforcement of the martial law adopted by the martial law enforcement organ according to the present Law shall be publicized if they require the observation of the public. During the period of enforcement those measures and procedures that are not necessary for continuous implementation shall in light of the situation be timely proclaimed for termination of their implementation.

  Chapter IV Duties of the Martial Law Enforcers

  Article 21 The people's police, the armed people's police and the people's liberation army undertaking tasks of martial law enforcement are the enforcers of the martial law.

  Martial law enforcers undertaking martial law enforcement tasks shall bear the badge uniformly specified by the martial law enforcement organ.

  Article 22 Martial law enforcers shall according to prescriptions of the martial law enforcement organ have the power to make inspection on certificates, vehicles and commodities of passengers on the public roads or other public places of the district under the martial law.

  Article 23 Martial law enforcers shall according to prescriptions of the martial law enforcement organ have the power to detain persons who violate prescriptions regarding the curfew until the early morning when the curfew is lifted for that day, to make body search of the detained persons and to inspect the materials and commodities brought along with them.

  Article 24 Martial law enforcers shall according to prescriptions of the martial law enforcement organ have the power to put under detention the following persons:

  (1) persons who are found or highly suspect of committing crimes of imperiling the state safety or sabotaging the social order;

  (2) persons who obstruct or resist the enforcers' implementation of tasks for enforcement of the martial law;

  (3) persons who resist traffic control or defy the prescriptions for the curfew;

  (4) persons who resist the enforcement of the martial law in other forms.

  Article 25 Martial law enforcers shall according to prescriptions of the martial law enforcement organ have the power to make body inspection of the detained persons, to inspect the residence of criminal suspects, or places suspected of hiding criminals, criminal suspects or weapons, ammunitions or other dangerous articles.

  Article 26 In any of the following cases of gathering in the district under martial law, the martial law enforcers, when failing to stop the gathering by persuasion, may, according to relevant prescriptions, use police apparatus to stop or disperse the gathering by force, bring by force the organizers and resisters away from the gathering place and/or put them under detention immediately:

  (1) illegal assembly, procession, demonstration or other gathering activities;

  (2) illegally occupying public places or provoking sabotaging activities in public places;

  (3) assaulting state organs or other important units or places;

  (4) disturbing the traffic order or intentionally obstructing the traffic;

  (5) gathering to plunder or sabotage the properties of government organs, associations, enterprises, institutions or individual citizens.

  Article 27 Martial law enforcers shall timely register and interrogate the persons detained in accordance with the present Law and shall set free those persons immediately after finding it unnecessary to put them under custody.

  The procedures and length in respect to detention and arrest during the period of martial law enforcement may not be subject to restrictions provided for by relevant stipulations of the Criminal Procedure Law of the People's Republic of China; but the act of arrest shall subject to the approval or decision of the people's procuratorate.

  Article 28 In any of the following cases of extraordinary emergency in the district under martial law, the military law enforcers, when failing to put an end by using police apparatus, may use firearms or other weapons:

  (1) the safety of the life of citizen or martial law enforcer being endangered by violence;

  (2) the offender resisting by violence, committing murder or escaping when it is attempted to detain or arrest them or send them away under escort;

  (3) the offender seizing weapons or ammunitions by force;

  (4) the important body or target guarded being assaulted by violence or in the severe danger of being assaulted by violence;

  (5) the operation of fire fighting, dealing with emergency, rescue or implementation of other important urgent tasks being obstructed by serious violence;

  (6) other cases in which firearms and other weapons may be used according to law or administrative regulations.

  Martial law enforcer shall strictly observe the prescriptions regarding using of firearms or other weapons.

  Article 29 Martial law enforcers shall strictly observe the law, regulations and enforcement rules, obey the orders, perform the duties, respect the customs and traditions of local nationals and must not infringe upon or damage the legitimate rights and interests of the citizens.

  Article 30 The actions conducted by martial law enforcers for fulfillment of tasks according to law shall be protected by law.

  In case of violation of the present Law, abuse of power, violation or damage of the legitimate rights and interests of citizens by martial law enforcers, the legal liabilities shall be investigated into according to law.

  Chapter V Supplementary Provisions

  Article 31 In case the state does not decide to enforce a martial law when serious riot arises in partial district of a particular county or city that severely endangers the state safety, social public security and the people's lives and property, the local people's government of the respective province may, subject to approval of the State Council, decide to organize the people's police and the armed people's police to put under control the traffic and the site, make restrictions on entry into and exit from the controlled area, inspect certificates, vehicles, materials and commodities of passengers entering or exiting from the controlled area, disperse, search or bring away from the site by force the participants in the riot and immediately put under detention the organizers and resisters. In case the people's police and the armed people's police are not adequate to maintain the social order, the State Council may be requested to propose to the Central Military Commission for decision that the people's liberation army be dispatched to assist the local people's government in restoring and maintaining the normal social order.

  Article 32 The present Law comes into force as of the date of promulgation.

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