People's Police Law of People's Republic of China(from government website)
People's Police Law of People's Republic of China(from government website)
People's Police Law of the People's Republic of China
Order of the president[1995]No.40
February 28, 1995
(Adopted at the 12th Session of the Standing Committee of the Eighth National People's Congress on February 28, 1995, and promulgated on February 28, 1995 according to the Order of the President of the People's Republic of China No.40)
Contents
Chapter I General Provisions
Chapter II Functions and Powers
Chapter III Obligations and Discipline
Chapter IV Organization and Administration
Chapter V Guarantee for Performance of Police Duties
Chapter VI Supervision over Law Enforcement
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 The present Law is enacted in accordance with the Constitution for the purpose of safeguarding State security, maintaining public order, protecting the lawful rights and interests of citizens, strengthening the building of the contingent of the people's police, strictly administering the police, enhancing the quality of the people's police, ensuring the people's police's exercise of their functions and powers according to law, and ensuring the smooth progress of reform, opening up and the socialist modernization drive.
Article 2 Tasks of the people's police are to safeguard State security, maintain public order, protect citizens' personal safety and freedom and their legal property, protect public property, and prevent, stop and punish illegal and criminal activities.
The people's police consist of policemen working in public security organs, State security organs, prisons and organs in charge of reeducation through labor, as well as judicial policemen working in the People's Courts and the People's Procuratorates.
Article 3 People's policemen must rely on the support of the masses, keep close ties with them, listen attentively to their comments and suggestions, accept their supervision, safeguard their interests, and serve them whole-heartedly.
Article 4 People's policemen must take the Constitution and laws as the guiding principles for their activities, be devoted to their duties, be honest and upright and highly disciplined, obey orders, and enforce laws strictly.
Article 5 People's policemen, when carrying out their duties according to law, shall be protected by law.
Chapter II Functions and Powers
Article 6 The people's policemen of public security organs shall, in accordance with the division of responsibilities, perform the following duties according to law:
1. to prevent, stop and investigate illegal and criminal activities;
2. to maintain public order and stop acts that endanger public order;
3. to ensure traffic safety, maintain traffic order and deal with traffic accidents;
4. to organize and carry out fire prevention and control and supervise routine fire protection;
5. to control firearms and ammunition, and keep under surveillance knives, inflammables, explosives, deadly poisons, radioactive materials and other dangerous articles;
6. to administer special trades and professions as provided by laws and regulations;
7. to serve as bodyguards for persons specially designated by the State and protect important places and installations;
8. to keep under control assemblies, processions and demonstrations;
9. to administer affairs of household registration, citizens' nationality, and entry into and exit from the territory, and handle matters concerning aliens' residence and travel within the territory of China;
10. to maintain public order along the border (frontier) areas;
11. to execute criminal punishment with respect to criminals sentenced to public surveillance, criminal detention, or deprived of political rights and criminals serving sentences outside prison, and to exercise supervision over and inspection of criminals who are granted suspension of execution or parole;
12. to supervise and administer the work of protecting the computer information system;
13. to guide and supervise the work of security in State organs, public organizations, enterprises, institutions, and major construction projects; and guide mass organizations such as public security committees in their work of maintaining public order and preventing crime; and
14. other duties as stipulated by laws and regulations.
Article 7 The people's policemen of public security organs may, according to law, impose compulsory administrative measures or administrative punishments against an individual or organization that violates the laws or regulations on the maintenance of public order or on the administration of public security.
Article 8 If a person seriously endangers public order or constitutes a threat to public security, the people's policemen of public security organs may forcibly take him away from the scene, detain him in accordance with law, or take other measures as provided by law.
Article 9 In order to maintain public order, the people's policemen of public security organs may, upon producing an appropriate certificate, interrogate and inspect the person suspected of having violated law or committed a crime.
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