Martial Law of the People's Republic of China(1996)

Martial Law of the People's Republic of China(1996)

Order of the President No. 61

The Martial Law of the People's Republic of China, which was adopted at the 18th session of the Standing Committee of the 8th National People's Congress on March 1, 1996, is released hereby and shall take effect as of the date of promulgation.

President of the People's Republic of China Jiang Zemin
March 1, 1996

Martial Law of the People's Republic of China (1996)
(Adopted at the 18th Meeting of the Standing Committee of the Eighth National People's Congress on March 1, 1996)

Contents

Chapter I General Provisions
Chapter II Execution of Martial Law
Chapter III Measures for Executing Martial Law
Chapter IV Functions and Duties of Martial- law- enforcing Officers
Chapter V Supplementary Provisions

Chapter I General Provisions
 
Article 1 This Law is enacted in accordance with the Constitution of the People's Republic of China.
 
Article 2 The State may decide to apply martial law when such state of emergency as unrest, rebellion or grave riot occurs which seriously endangers unification and security of the State or public security and under which public order cannot be maintained and safety of people's lives and property cannot be ensured unless extraordinary measures are taken.
 
Article 3 When it is necessary to impose martial law in the country as a whole or in an individual province, autonomous region or municipality directly under the Central Government, the matter shall be submitted by the State Council to the Standing Committee of the National People's Congress for decision; the President of the People's Republic of China shall, in accordance with the decision made by the Standing Committee of the National People's Congress, proclaim the order of martial law.
When it is necessary to impose martial law in part(s) of a province, autonomous region or municipality directly under the Central Government, the matter shall be decided on by the State Council, and the Premier of the State Council shall proclaim the order of martial law.
 
Article 4 In order to guarantee execution of martial law and preserve public security and public order during the period of martial law, the State may, in accordance with this Law, lay down special rules and regulations regarding the citizens' exercising of their rights and freedom as stipulated by the Constitution and laws in the area under martial law.
 
Article 5 The people's government of the area under martial law shall, in conformity with this Law, adopt measures necessary for bringing public order to normal as soon as possible and ensuring safety of people's lives and property and supply of their daily necessities.
 
Article 6 All organizations and individuals in the area under martial law shall strictly observe the order of martial law and the rules and regulations for executing the order of martial law and actively assist the people's government in bringing public order to normal.
 
Article 7 With regard to the organizations and individuals that observe the order of martial law and the rules and regulations for executing the order of martial law, the State adopts effective measures to protect their lawful rights and interests from encroachment.
 
Article 8 Martial law tasks shall be performed by the People's Police and the People's Armedpolice.
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