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深圳经济特区奖励和保护见义勇为人员条例 Regulations of the Shenzhen Special Economic Zone on Rewarding and Protecting of the Persons Taking Courageous Acts for a Just Cause

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(Adopted at the Thirteenth Meeting of the Standing Committee of the Second Shenzhen Municipal People‘s Congress on February 26, 1997, Shenchangfa No. 17 [1997])
颁布日期:19970226  实施日期:19970226  颁布单位:深圳市人大常委会

  Chapter I General Provisions

  Article 1 In order to encourage healthy trends, maintain the law and order of a society, reward and protect the persons taking courageous acts for a just cause, and regulate the public security fund in its raising, use and management, these regulations are hereby formulated in accordance with the related law and regulations, and in the light of the practical conditions of the Shenzhen Special Zone (hereinafter referred to as “the Special Zone”)。

  Article 2 These regulations shall apply to rewarding and protecting the persons who take courageous acts for a just cause within the Special Zone; as for rewarding and protecting the citizens of this city who take courageous acts for a just cause in other places, these regulations shall be referred to.

  These regulations shall apply to the courageous acts for a just cause taken by people‘s policemen, armed policemen, armymen in active service and other public officers of security when they are out of duty.

  Article 3 Rewarding the persons taking courageous acts for a just cause shall follow the principle of combination of material awards and moral encouragement.

  Article 4 In order to reward and protect the persons taking courageous acts for a just cause, the Shenzhen municipal public security fund (hereinafter abbreviated as “the fund”) shall be established according to law.

  The use and management of the fund shall be supervised by the related departments and the public.

  Article 5 The Shenzhen municipal people‘s government (hereinafter referred to as “the municipal people’s government”) shall be responsible for the implementation of these regulations. The people‘s bank, the departments of public security, civil administration, health, social insurance, labor, personnel, news and propaganda shall be responsible for the implementation of these regulations within the scope of their respective duties.

  The Shenzhen public security foundation (hereinafter referred to as “the foundation‘) shall be an organization as a legal person responsible for handling the details of these regulations. The foundation shall develop its activities according to the related law, regulations and the articles of the foundation.

  Chapter II Verification of Courageous Acts for a Just Cause

  Article 6 The courageous acts for a just cause referred to in these regulations shall mean:

  (1) struggling against breaking the law and committing to a crime in active encroachment upon the property of the state, collectives, individuals or the citizens‘ personal rights so that the damage is avoided or reduced;

  (2) struggling against breaking the law and committing to a crime in active jeopardizing of the state security and public order so that the acts to break the law and to commit to a crime are stopped;

  (3) actively assisting the departments of public security, justice to pursue and capture a criminal suspect or helping to solve a major case so that the deeds are outstanding;

  (4) taking no notice of personal safety in rushing to deal with an emergency and making the state property and people‘s lives and property to escape from a major loss so that the deeds are outstanding and the impact is considerable.

  Article 7 The persons taking courageous acts for a just cause may apply to the

  foundation for verification of their courageous acts for a just cause. The related units and individuals may also recommend the persons taking courageous acts for a just cause to the foundation. The persons taking courageous acts for a just cause who have been verified shall enjoy the rewards and protection prescribed by these regulations.

  The applicants and recommenders shall provide their identification certificates and other certification materials.

  Article 8 After receiving an application or recommendation, the foundation shall promptly send its people to investigate and verify the courageous acts for a just cause, and collect and keep the related evidence. If the acts are not the courageous acts for a just cause, the foundation shall inform the applicant or recommender by a written notice. The materials of investigation and verification shall be certified by the department of public security of the locality where the courageous acts for a just cause took place. As for the acts referred to in Item (4) of Article 6, the materials of investigation and verification shall be certified by a legally prescribed responsible department.

  Article 9 If the courageous acts for a just cause have not been verified, the applicants or recommenders may apply to the foundation for review.

  The foundation shall seriously consider a review application, and reply an applicant or recommender in writing within 1 month from the date of receiving the application.

  Chapter III Rewarding

  Article 10 The foundation shall grant different classes of money awards to the persons taking courageous acts for a just cause. The classes, applicable requirements, and authority of examination and approval of money awards shall be decided by the executive council of the foundation.

  The foundation may issue honor certificates to the persons taking courageous acts for a just cause whose deeds are outstanding, if the deeds are extremely outstanding, recommendation may be also filed to the related departments for awards.

  Article 11 The municipal, district people‘s governments and the related departments shall grant the following commendations and awards to the persons taking courageous acts for a just cause whose deeds are outstanding and whose contributions are considerable:

  (1) circulating a notice of commendation;

  (2) granting money awards;

  (3) raising the wages;

  (4) recording a merit;

  (5) granting an honorary title of “the advanced individual taking courageous acts for a just cause”。

  Commendations and awards referred to in the above section may apply

  individually and also in combination. If the deeds are extremely outstanding, a report may be filed to a people‘s government higher by one level for commendation and awards.

  If the above-mentioned persons taking courageous acts for a just cause are employees of government offices, enterprises, institutions and social organizations, the reports shall be filed by the units which they are affiliated with; as for the other persons taking courageous acts for a just cause, the reports shall be filed by the foundation.

  Article 12 The persons taking courageous acts for a just cause who have been granted honorary titles by a people‘s government shall enjoy preferential treatment in entering a higher school, enlisting in the armed forces, employment, housing, pay raise, residence registration in comparison with the people with equivalent conditions in other respects.

  The persons taking courageous acts for a just cause who have been granted the honorary titles of “the advanced individual taking courageous acts for a just cause” by the municipal people‘s government shall enjoy the treatment as the municipal model workers.

  Article 13 If a person died for taking courageous acts for a just cause and is qualified to be a revolutionary martyr, the municipal department of civil administration shall report to the related departments for approval.

  In case of being approved as a revolutionary martyr according to law, the person‘s surviving family members shall be treated as the members of a revolutionary martyr’s family according to the related rules.

  Article 14 The unit or basic-level organization which a person taking courageous acts for a just cause is affiliated with may grant commendation and award to this person according to these regulations.

  Article 15 Rewarding of the persons taking courageous acts for a just cause shall be done publicly, except if a person taking courageous acts for a just cause wants to keep it as a secret or the related department believes that it should be kept as a secret.

  Article 16 The department of news and propaganda shall vigorously give publicity to the courageous acts for a just cause and promptly report the activities of rewarding and protecting of the persons taking courageous acts for a just cause.

  Chapter IV Protection

  Article 17 The persons causing injuries shall be held liable for the medical expenses, loss of working hours and funeral fees of the persons taking courageous acts for a just cause, but the related units and departments shall make payments in advance according to the rules in these regulations.

  The units making advance payments shall have the right of recourse from the persons causing injuries.

  Article 18 Various medical institutions shall give priority to the emergency and medical treatments of the persons taking courageous acts for a just cause, and shall not shirk or reject the responsibility.

  Article 19 The medical expenses of the persons who have suffered from injuries in taking courageous acts for a just cause shall be paid in advance according to the following rules:

  (1) If the units which the persons taking courageous acts for a just cause are affiliated with have participated in employment injury insurance, the social insurance agencies shall make payments according to the rules of employment injury insurance, the persons taking courageous acts for a just cause shall enjoy the other benefits of employment injury insurance at the same time;

  (2) If the persons taking courageous acts for a just cause participated in medical insurance, the social insurance agencies shall make payments;

  (3) As for the other persons taking courageous acts for a just cause, the foundation shall make one-time payments for medical subsidies. The classes, amounts and authority of examination and approval of the medical subsidies shall be decided by the executive council of the foundation.

  Article 20 As concerns the funeral fees of a person who died for taking

  courageous acts for a just cause, if it is covered by employment injury insurance, the social insurance agency shall make a payment in advance; if there is an employing unit which this person is affiliated with, the unit shall make an advance payment; if there is no employing unit which this person is affiliated with, the foundation shall make an advance payment.

  Article 21 When the persons taking courageous acts for a just cause are under medical treatment, they shall be regarded as having full-time attendance in their work places, their employing units shall not deduct part of their wages, bonus, and other welfare benefits for this reason.

  Article 22 The grade of disability of a person who was disabled because of taking courageous acts for a just cause shall be determined by a social insurance agency according to law if this person is a beneficiary of employment injury insurance; as for the other kind of persons, the grade shall be determined by the department of civil administration according to law.

  Article 23 The pension for the family of a person who deceased in taking courageous acts for a just cause or the pension for a person who was disabled in taking courageous acts for a just cause shall be paid by the department of civil administration or social insurance agency according to the related rules if these persons are public employees of the state or beneficiaries of employment injury insurance; as for other kind of persons, the foundation shall make one-time payments of a certain amount.

  Article 24 If a person cannot take the original job in this city because of disability caused by taking courageous acts for a just cause, the employing unit shall make an appropriate adjustment of the person‘s job and shall not terminate the contract of labor or lay off the person; if the person is employed in other places, the foundation shall issue a certificate on the courageous acts for a just cause and suggest the employing unit make an appropriate adjustment and allowances for this person. The department of civil administration, the association of the disabled or the department of labor and personnel shall be responsible for making appropriate arrangements for the jobs of the disabled persons taking courageous acts for a just cause if these persons are registered as permanent residents in the Shenzhen City.

  The department of labor and personnel shall giver priority to recommendation of the spouses, lineal relatives of the deceased or disabled persons taking courageous acts for a just cause for employment in comparison to the other people with equivalent qualifications.

  Article 25 If it is not appropriate for a person taking courageous acts in pursuing and capturing a criminal suspect or solving a major case to be made public, the foundation and the related department shall keep the secret. The departments of public security, justice shall take effective measures to protect the person taking courageous acts for a just cause and the person‘s family who need protection.

  Chapter V Raising, Use and Management of the Fund

  Article 26 The fund shall be raised, used and managed by the foundation according to law. The other organizations and individuals shall not raise such money.

  The foundation shall establish and improve the rules and regulations on the use and management of the fund, and the executive council shall exercise the functions and power of the use and management of the fund.

  Article 27 The fund shall be raised in the way as follows:

  (1) the donations made by the domestic government offices, organizations, enterprises, institutions and individual citizens;

  (2) the donations made by the overseas Chinese, Hong Kong, Macao and Taiwan compatriots, and foreign friendly groups and individuals;

  (3) the financial aid provided by the social welfare fund;

  (4) the necessary financial aid provided by the people‘s governments at various levels;

  (5) the other legal channels.

  The foundation may publicize and commend the units and individuals having

  made donations.

  The units and individuals who have made large donations shall be recommended by the foundation to join the executive council.

  Article 28 The fund shall be used for the following purpose:

  (1) the awards for the persons taking courageous acts for a just cause;

  (2) the medical subsidies for the persons taking courageous acts for a just cause;

  (3) the funeral fees, pensions of the persons taking courageous acts for a just cause and the pensions for the family of the deceased persons taking courageous acts for a just cause;

  (4) the other expenses audited and confirmed by the foundation.

  The fund shall be used for its specified purposes only and shall not be

  misappropriated for the other purposes.

  Article 29 The expenses shall be within the value added of the fund, if it is indeed necessary to have expenses beyond the value added, such expenses shall be approved at a plenary meeting of the executive council.

  A certain proportion of the surplus of the annual value added of the fund shall be retained and converted into the principal, and the remaining part shall be used for the next year‘s expenses. The proportion of retaining shall be decided by the executive council.

  Article 30 The fund shall increase in value through savings deposit, bonds-purchase, and other safe ways that the state allows.

  Article 31 The foundation shall accept the supervision by the related departments such as the people‘s bank, department of civil administration, etc., and regularly report the statements of income and expenditure to the responsible department.

  Chapter VI Legal Liabilities

  Article 32 In case of violation of Article 18 of these regulations by refusing or delaying the emergency treatment of a person injured in taking courageous acts for a just cause, the municipal responsible department of health shall give criticism and education, and order the emergency treatment; if a serious consequence has been caused, disciplinary sanction shall be imposed on the related leaders and directly responsible persons.

  Article 33 If an employing unit has, in violation of Article 21 of these regulations, deducted part of the wage, bonus, and other welfare benefits of the persons taking courageous acts for a just cause, the municipal responsible department of labor shall give criticism and order correction; if the correction has been refused, the municipal responsible department of labor shall impose a fine of 5,000 RMB on the employing unit.

  Article 34 If an employing unit has, in violation of Article 24 of these regulations, refused to make an appropriate adjustment in the job of a person who was disabled in taking courageous acts for a just cause, the municipal responsible department of labor shall give criticism and order correction; if the contract of labor has been terminated or the person has been laid off, an order to continue to execute the contract shall be issued; if the order has been rejected, the municipal responsible department of labor shall, as the circumstances may require, order a one-time payment of 20,000 RMB as compensation for the person taking courageous acts for a just cause.

  Article 35 In case of violation of Article 25 of these regulations by failing to keep the secret of a person taking courageous acts for a just cause who should not be made public or failing to protect a person taking courageous acts for a just cause and the person‘s family members who need protection so that a serious consequence has been caused, the related department shall investigate into the responsibility of the related leaders and directly responsible persons according to law, if a crime has been constituted, the criminal responsibility shall be ascertained by the department of justice according to law.

  Article 36 In case of violation of the first section of Article 26 by illegally raising the fund, the municipal people‘s bank shall order stopping of the activities of illegal money-raising, confiscate the illegally raised money, and impose a fine according to the related rules, and the related departments shall investigate into the responsibility of the responsible persons according to law, if a crime has been constituted, the criminal responsibility shall be ascertained by the department of justice according to law.

  Article 37 In case of violation of the second section of Article 28 of these regulations by misappropriating the fund for other purposes, the responsible department shall order correction and impose disciplinary sanctions on the chief responsible person and directly responsible persons of the foundation, if a crime has been constituted, the criminal responsibility shall be ascertained by the department of justice according to law.

  Article 38 In case of violation of Article 30 by increasing the value of investment in the way not allowed by law or neglecting the duty in investment to cause the loss of the fund, the responsible department shall impose disciplinary sanctions on the chief responsible person and directly responsible persons; if there are illegal personal earnings, they shall be recovered, if a crime has been constituted, the criminal responsibility shall be ascertained by the department of justice according to law.

  Article 39 In case of violation of Article 31 of these regulations by failing to regularly report the statements of income and expenditure of the fund to the people‘s bank and the department of civil administration, the people’s bank and the department of civil administration shall circulate a notice of criticism and order reporting. If the circumstances are serious, the related departments shall deal with the case according to law.

  Chapter VII Supplementary Provisions

  Article 40 These regulations shall take effect as of the date of promulgation.

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