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中华人民共和国人民警察法(二)

2006-05-16 16:17   我要纠错 | 打印 | 收藏 | | |

  Article 23 People's policemen must be dressed according to relevant regulations, must wear the insignia of the people's police, or hold the certificate of the people's police, maintain serious and neat appearance and bearing and carry themselves with dignity.

  Chapter IV Organization and Administration

  Article 24 The State, according to the nature, tasks and characteristics of the work of the people's police, prescribes its organizational structure and post order.

  Article 25 The people's police shall practise the system of police ranks according to law.

  Article 26 To be a people's policeman, one must meet the following requirements:

  (l) to be a Chinese citizen who has reached the age of l8;

  (2) to endorse the Constitution of the People's Republic of China;

  (3) to have fine political and professional quality and good conduct;

  (4) to be in good health;

  (5) to have an educational background of senior middle school or above;

  (6) to become a people's policeman out of his or her own volition.

  A person who is found in either of the following circumstances may not serve as a people's policeman:

  (1) having been subjected to criminal punishment for commission of a crime or;

  (2) having been discharged from public employment.

  Article 27 People's policemen must, as prescribed by the State, be recruited according to qualifications from among those who have passed public examination and strict verification.

  Article 28 Persons Who hold leading posts of the people's police shall meet the following requirements:

  (l) possessing professional knowledge of law;

  (2) being experienced in political and judicial work and having the necessary capability of organization, administration and command,

  (3) having an educational background of 3-year college education or above;

  (4) having been trained in police schools or academies and having passed the examinations.

  Article 29 The State promotes education for the people's police, and carries out in a planned way among the people's policemen education and training in political ideology, the legal system, and police work.

  Article 30 The State, according to the nature, tasks and characteristics of the work of the people's police, prescribes the term of service for different jobs and the age limits for holding different posts.

  Article 31 Individuals or groups of the people's policemen who have achieved outstanding successes or made significant contributions in work shall be awarded. The awards include: Citation for Meritorious Deeds, Merit Citation Class Ⅲ, Merit Citation Class II, Merit Citation Class I, and a title of honour.

  The people's policemen who have received awards may, according to relevant regulations of the State, be promoted ahead of time in police ranks and may also be given material rewards.


  Chapter V Guarantee for Performance of Police Duties

  Article 32 People's policemen must execute the decisions and orders of their superior authorities.

  If a people's policeman believes that a decision or an order is wrong, he may make comments or suggestions in accordance with relevant regulations, but he may not suspend or alter the implementation of the decision or order; if his suggestions are not adopted, he must obey the decision or order; the superior authorities that made the decision or order shall be responsible for the consequences of execution of such a decision or order.

  Article 33 A people's policeman shall have the right to refuse to carry out the orders which go beyond the scope of duty of the people's police as provided by laws and regulations and shall, at the same time, report the matter to the organ at higher levels.

  Article 34 When people's policemen perform their duties according to law, citizens and organizations shall give them support and assistance.

  Acts of citizens and organizations to assist people's policemen in performing their duties according to law shall be protected by law. Whoever makes outstanding achievements in assisting people's policemen to perform their duties shall be commended and awarded.

  If a citizen or an organization suffers injuries, death or property losses in assisting people's policemen to perform their duties, compensations shall be made or pensions provided in accordance with the relevant regulations of the State.

  Article 35 Whoever refuses or obstructs people's policemen's performance of duties according to law by committing any of the following acts shall be punished for violation of administration of public security

  (l) to openly insult the people's policemen who are performing duties;

  (2) to obstruct people's policemen from investigating a case and obtaining evidence;

  (3) to refuse the people's policemen who are carrying out pursuit and capture, search, rescue or other tasks to enter the relevant residences or places or obstruct them from doing so;

  (4) to put up obstacles deliberately for the police cars that are carrying out urgent tasks such as providing rescue to people, dealing with emergencies, pursuit and capture or guard duty; or

  (5) to commit other acts to refuse or obstruct people's policemen's performance of duties.

  Whoever commits any of the above-mentioned acts by resorting to violence or intimidation, if such act constitutes a crime, shall be investigated for criminal responsibility in accordance with law.

  Article 36 The police insignia, uniforms and implements of the people's police shall be manufactured under the unified supervision of the department of public security under the State Council, and controlled by the said department jointly with other relevant State organs. No other individual or organization may illegally manufacture or deal in them.

  The police insignia, uniforms, implements and certificates are for the exclusive use of the people's police, no other individual or organization may possess or use them.

  If a Person violates the provisions of the preceding two paragraphs, the police insignia, uniforms, implements and certificates illegally manufactured, dealt in, possessed or used shall be confiscated and the person shall be detained for a maximum of fifteen days or given a disciplinary warning by a public security organ or may concurrently be given a penalty of not more than five times the illegal gains; if a crime is constituted, the person shall be investigated for criminal responsibility in accordance with law.

  Article 37 The State ensures the supply of funds needed by the people's police. The funds shall be incorporated respectively into the central and local financial budgets according to the principle of division of powers.

  Article 38 The facilities for telecommunications and training and the construction of infrastructures such as traffic, fire control, police stations as well as prisons and organs in charge of reeducation through labour shall be incorporated into the plans of the people's governments at various levels for capital construction and the overall planning for urban and rural construction.

  Article 39 The State strengthens the modernization of the people's police equipment, and strive to popularize and apply the advanced achievements in science and technology.

  Article 40 The people's police shall practise the wage system of the State public servants, enjoy the police-rank allowances and other allowances and subsidies, as well as the insurance and welfare benefits as prescribed by the State.

  Article 41 A people's policeman who is disabled while on duty shall enjoy the same pension and preferential treatment of the State as that of a serviceman who is disabled while on duty.

  If a people's policeman dies at his post or dies of an illness, his family members shall enjoy the same pension and preferential treatment of the State as that of a serviceman who dies at his post or dies of an illness.

  Chapter Ⅵ Supervision over Law Enforcement

  Article 42 The people's policemen in performing their duties shall accept supervision by the People's Procuratorates and administrative supervisory organs in accordance with law.

  Article 43 The people's police organs at higher levels shall exercise supervision over law enforcement by the police organs at lower levels, and, if the former discovers that the dispositions or decisions made by the latter are wrong, the former shall annul or alter them.

  Article 44 The People's policemen in performing duties must conscientiously subject themselves to the supervision of the society and citizens. The rules and regulations formulated by the people's police organs that have a direct bearing on the interests of the public shall be made known to the public.

  Article 45 In handling cases of public security, a people's policeman shall withdraw if he is found in any of the following circumstances. The parties concerned and their statutory agents shall also have the right to demand his withdrawal.

  (l) being a party or a close relative of a party in the case;

  (2) he himself or his close relatives have an interest in the case;

  (3) having other relationship with a party in the case, which may affect the impartial settlement of the case.

  The withdrawal as stipulated in the preceding paragraph shall be decided by the public security organs concerned.

  The withdrawal of a people's policeman in handling a criminal case shall be governed by the Criminal Procedure Law.

  Article 46 A citizen or an organization shall have the right to make exposure of or accusation against a people's policeman's violation of law or discipline to a people's police organ, a People's Procuratorate or an administrative supervisory organ. The organ that accepts the exposure or accusation shall investigate and deal with the case without delay and notify the Person or organization that made the exposure or accusation of the conclusion of the case.

  No person may suppress or retaliate against the citizen or organization that makes an exposure or accusation according to law.

  Article 47 Public security organs shall establish a supervisory system to supervise the enforcement of laws and regulations and observance of discipline by the people's policemen of public security organs.

  Chapter Ⅶ Legal Responsibility

  Article 48 A people's policeman who commits any of the acts specified in Article 22 of this Law shall be given an administrative sanction; if a crime is constituted, he shall be investigated for criminal responsibility according to law.

  The administrative sanctions include: a disciplinary warning; a demerit recorded, a grave demerit recorded, demotion, dismissal from the post and discharge from public employment. The people's policeman who has been given an administrative sanction may be demoted to a lower police rank or deprived of his police rank in accordance with the relevant regulations of the State.

  With respect to a people's policeman who violates discipline, when necessary, measures of suspending his performance of duties or placing him in confinement may be taken.

  Article 49 If a people's policeman who, in violation of the regulations, uses a weapon or police implements, thus constituting a crime, he shall be investigated for criminal responsibility according to law, if the case does not constitute a crime, he shall be given an administrative sanction in accordance with the law.

  Article 50 If a people's policeman in performing duties infringes upon the lawful rights and interests of a citizen or an organization, thus causing damage thereto, he shall pay damages in accordance with the Law of the People's Republic of China on State Compensation and the provisions of other relevant laws and regulations.

  Chapter Ⅷ Supplementary Provisions

  Article 51 The Chinese People's Armed Police Forces shall carry out the public security tasks given by the State.

  Article 52 This Law shall come into force as of the date of promulgation. The Regulations of the People's Republic of China on the People's Police promulgated on June 25, 1957 shall be annulled at the same time.

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