Today, the Standing Committee of the 13th National People's Congress announced the legislative plan during its term of office, and a total of 116 draft laws were announced. The progress of the work of
116 draft laws is divided into three categories:
Category 1 Project: Conditions are relatively mature , Draft of law that is intended to be submitted for review during the term of office (69 items)
Category 2 Project: needs to work hard, and when the conditions are ripe, is required to be reviewed (47 items)
Category 3 Project: Established The legal conditions are not yet fully met . Legislative projects that need to continue research and demonstration
The People's Police Law (Amendment) that the national police/auxiliary police are most concerned about is the second category of 47 draft laws "The law that needs to be worked hard and the conditions are ripe"
New People's Police Law
Timetable
The current People's Police Law was formulated in 1995 and was revised once in 2012. The newly revised People's Police Law came into effect on January 1, 2013.
On December 1, 2016 , the Ministry of Public Security issued the People's Police Law (revised draft) on its official website and solicited public opinions from the public. The Ministry of Public Security explained that in order to standardize and guarantee the public security organs and their people's police to perform their duties and exercise their powers in accordance with the law, strengthen supervision over people's police, and build a high-quality people's police team, according to the central government's decisions and deployments on comprehensively deepening public security reform, since 2014, the Ministry of Public Security will amend the People's Police Law as a key project for comprehensively deepening public security reform, and strive to promote the revision of law .
On November 4, 2017, the 30th meeting of the Standing Committee of the 12th National People's Congress voted to pass the report of the National People's Congress Internal Affairs and Judicial Committee on the review results of the proposal submitted by the representatives of the Presidium of the Fifth Session of the 12th National People's Congress. In the report on the review results, the National People's Congress Internal Affairs Committee stated that it is recommended to include the formulation of the Detention Center Law and the amendment of the People's Police Law in the legislative plan of the Standing Committee of the 13th National People's Congress.
According to the Constitution and relevant provisions of the People's Republic of China, the term of office of the 13th National People's Congress of the People's Republic of China will be from March 2018 to March 2023.
The progress of the legislative plan was announced by the National People's Congress, which indicates that the new People's Police Law is expected to be submitted for review and promulgation during the term of this People's Congress.
The ten highlights of the new People's Police Law
Click to browse the full text of the People's Police Law (revised draft)
Highlight 1: Clarify funds and benefits. The construction of the people's police team should adhere to the political construction of the police, the quality of the police, strict governance of the police, and preferential treatment of the police. The people's police must be loyal to the Communist Party of China, the country, the people, and the Constitution and the law.
Although it is just four words, it is a huge chunk of weight. From the policy of preferential treatment of police, we will start with this law and officially step onto the stage.
2. Article 39 (Institutions, Staff and Personnel Management)
Institutions, Staff and Personnel Management Measures that are in line with the division of powers of public security organs shall be formulated separately by the state. The current organizational structure is very unfair to the police, with more people and few jobs and low salaries. I hope the country will formulate a unique staffing for the public security organs as soon as possible.
3, Article 71 (Funding Guarantee)
The country establishes a stable funding guarantee mechanism for the people's police that is compatible with economic and social development. The funds of the people's police shall be included in the central and local fiscal budgets according to their responsibilities and shall be fully guaranteed; the central and provincial people's governments shall provide necessary financial subsidies for police work in economically difficult areas.
Yes, the people's public security serves economic and social development, but after economic and social development, they ignore the people's police. This is not possible. I hope that wages can increase year by year...
4, Article 78 (Wages and benefits)
The state has established a guarantee system for wages, allowances, bonuses, subsidies and other guarantee systems that meet the characteristics of the people's police's profession and jobs.
If calculated based on working hours, the police should be a high-income group, but in fact they can't even be considered a middle-income.I hope that in the future, the income from wages, allowances, bonuses, subsidies, and every item will be increased, so that the police who have truly worked hard will feel a sense of gain.
Highlight 2: Ensure the people's police perform their duties in accordance with the law, increase the right to exempt and compensate
1, Article 9 (The performance of duties is protected by law) The people's police's performance of duties in accordance with the law is protected by law. Any organization or individual shall support and cooperate and shall not interfere, refuse or obstruct. In a general principle, the article
stipulates the protection of police officers' performance of duties, and there are detailed measures later.
2. Article 84 (Exemption and Compensation for Performing Duties in accordance with the Law) If a people's police perform their duties and exercise their powers in accordance with statutory conditions and procedures, and cause damage to the legitimate rights and interests of citizens, legal persons or other organizations, they shall not bear legal liability, and the agency to which they belong shall compensate for the damage caused in accordance with relevant national regulations.
The police are not angels in white, the police are doing it with real swords and guns, and it is impossible not to cause harm. The law exempts such behavior and stipulates that the unit will compensate. I would like to like such responsible laws.
3. Article 10 (Protecting the rights and interests of the people's police) The state protects and safeguards the legitimate rights and interests of the people's police.
The old law is legal guarantee, the new law is national guarantee, and the law is dead. The legal guarantee means that the police have to appeal by themselves, which is a kind of passive protection. The state is active, and national protection will be an active and proactive protection for the police.
Highlight 3: First-line retirement for 25 years, and close relatives of police officers receive special care and help
1, Article 63 (Work hours system and leave system) The state has established a working hours system and leave system that is compatible with the professional characteristics of the people's police. If the people's police work overtime outside the statutory working hours, they shall give corresponding compensatory leave; if the compensatory leave is not possible, they shall pay overtime subsidies.
The "five plus two, white plus black" working model of the people's police has finally attracted the attention of the country. This law will be the beginning of the regularization of the overtime problem of people's police.
2. Article 64 (Second of service and retirement) The state stipulates different service years and maximum service age according to the position and position of the people's police. People's police who have been engaged in law enforcement and duty at the grassroots level for 25 years or have been police in special positions or difficult and remote areas for 20 years, voluntarily submit an application. With the approval of the appointment and removal authority, they can retire early and enjoy normal retirement benefits.
Grassroots police finally have hope. After this law is issued, I believe that many people can take root at the grassroots level with peace of mind. Grassroots police work for three days a day, so they should be treated like this. In addition, the editor’s understanding of “engaging in front-line law enforcement and duty at the grassroots level” should only deal with the masses directly, such as police stations, criminal police teams, etc., rather than branch offices.
3. Article 66 (Excluding interference from law enforcement) No organization or individual shall interfere with the normal law enforcement activities of the people's police and shall not require the people's police to perform behaviors other than their statutory duties. Public security organs should establish a system of recording, reporting and accountability for interfering in law enforcement and case handling activities and interfering in the handling of specific cases.
As long as you are sure that your law enforcement is correct, you can stick to your choice. The era of relying on administrative orders to control police law enforcement behavior will gradually become a thing of the past.
4. Article 80 (Medical Institutions’ Rescue Obligation) If a people’s police are injured in office, the medical institution shall provide treatment in a timely manner without condition and shall not refuse or delay.
It’s like after I got sick, my family said to the hospital, “Use the best medicine and find the best doctor, money is not a problem.” Yes, this law makes me feel warm.
5. Article 83 (Close relatives receive special care and help rights) If a people's police die in the line of duty, become disabled or die of illness, the state shall provide special care and help his close relatives in housing, medical care, education, employment, etc.
Highlight 4: The independence of the public security organs is enhanced, and the refusal of non-police activities can be subject to legal compliance with
1. Article 45 (Appointment and removal of leadership positions) The nomination of the official leadership positions of the public security organs of local people's governments at or above the county level shall obtain the consent of the public security organs at the next higher level; the appointment and removal of the deputy leadership positions shall seek the opinions of the public security organs at the next higher level in advance. The official leaders of the public security organs of local people's governments at or above the county level shall implement a system of exchange between the two places. The leaders of the public security organs' own department have the final say, and grassroots leaders will have more confidence in protecting their life and death brothers in accordance with the law.
2. Article 47 (Police force mobilization and use) Public security organs shall adhere to the use of police in accordance with the law, standardized and scientifically. The mobilization and use of the people's police force should strictly abide by the prescribed authority and procedures.
is not about the police, it is best not to bother us. The police's notoriety begins with being forced to participate in non-police activities.
Highlights 5: Police law enforcement methods are diversified and detailed
1, Article 16 (Identity Document Verification) People's police may check their resident ID cards or other documents proving their identity in accordance with the law due to the need to perform their duties. This article before
is reflected in the "Identity Card Law". This time it was written into the "People's Police Law" and is highly targeted. Verifying identity documents in accordance with the law is particularly widely used at the grassroots level. Compared with the strict regulations on measures such as "inspection", it is easier and more efficient to verify identity documents separately.
2. Article 20 (Interrogation and inspection) People's police may interrogate people on the spot after presenting their work documents and check their personal, items they carry and transportation tools they use on the spot; those who refuse to cooperate with the inspection may be forced to inspect.
clearly defines the conditions for cross-examination and inspection. Compared with the "persons who are suspected of criminals" in the old law, the new law " people's police believe that there is a criminal suspect " is more accurate, better use, and more humane. The "items" and "transportation" have been added, which is actually a protection for the police, because these may become weapons of attacking police.
3, Article 21 (Continue to interrogate) After the people's police interrogate and inspect a person who believes that he is suspected of committing an illegal crime, he cannot rule out his suspected illegal crime, and if he is in any of the following circumstances, he may take him to the public security organ and continue to interrogate with the approval of the public security police station or the head of the public security organ at or above the county level.
continues to interrogate, can be as long as the police station head approves. The procedures have been simplified and everyone is encouraged to make good use of this statutory measure.
4. Article 18 (Summons) If a people's police need to summon the person who violates the laws and administrative regulations of the public security administrative management, the summons shall be summoned with the approval of the head of the case handling department of the public security organ. Those who violate the laws and regulations of public security administrative management found on the scene may be summoned orally after presenting their work documents, but should be noted in the inquiry record. When summoning, the reason, basis and location of the summons shall be informed of the summoned person. Those who refuse to accept summons or evade summons without justifiable reasons can be summoned for compulsory summons.
After the people's police summon the offender, they should promptly inquire and verify, and the time for inquire and verify shall not exceed eight hours; if the situation is complicated and administrative detention penalties may be applied or suspected of constitute a crime, the time for inquire and verification shall not exceed twenty-four hours. "Summons" are written into the People's Police Law. The "summoning" measures have always been found in the Criminal Procedure Law, and this time it was written into the People's Police Law, which is of great significance. The offenders found on the scene can be summoned verbally. If the summons are not accepted, they can be summoned for compulsory purposes. The means are very connected. As long as you know how to use them, as long as you are for law enforcement, you will never be helpless.
5, Article 22 (Inspection and Search) In order to perform its duties, the people's police may inspect or search the places, items, and persons related to suspected illegal and criminal acts after presenting their work documents and inspection and search documents; if it is necessary to conduct an inspection or search immediately, they may inspect or search on the spot after presenting their work documents; if the person being inspected or searched refuses to cooperate, they may inspect or search for compulsory inspection or search.Inspections or searches shall be approved by the head of public security organs at or above the county level, unless it is necessary to conduct them immediately. In case of other emergency situations such as stopping illegal and criminal acts, arresting suspects of illegal and criminal acts, or protecting personal and property safety, the people's police may enter the citizen's residence for inspection, search or provide assistance after presenting their work documents, but they shall promptly report to the head of the public security organ at or above the county level in a timely manner.
After presenting his work permit, he can search and report it first. To see clearly, it is an after-report. This is the real Shangfang sword. The suspect and his family members, don’t talk about any "search warrants" with the police.
6, Article 27 (Priority in the performance of duties) People's police may give priority to taking public transportation after presenting their work documents due to the urgent need to perform their duties. When traffic is blocked, they will give priority to passing. Due to the need to perform duties, the people's police may give priority to using or requisitioning items and facilities such as transportation, communication tools, venues and buildings of citizens, legal persons and other organizations. After use, they shall return or restore the original state in a timely manner and pay appropriate expenses in accordance with relevant national regulations; if losses are caused, compensation shall be given in accordance with the law.
must be approved and can only be used compared to the old law. This law is really too powerful. The most important thing is to simplify the use of the procedures, and the most important thing is to increase the "requisition" and remember to pay.
Highlight 6: Multi-level protection of the legitimate rights and interests of police officers from infringement
1, Article 68 (Treatment of obstructing the execution of duties) If a person refuses or obstructs the people's police from performing his duties in accordance with the law and commits any of the following acts, he shall be punished with public security management in accordance with the law; if a crime constitutes a crime, criminal responsibility shall be pursued in accordance with the law:
(I) Insulting, insulting, threatening, encircling, or intercepting the people's police who are performing their duties;
(II) Obstructing the people's police from investigating, collecting evidence, refusing to provide evidence or committing perjury;
(III) Rejecting or obstructing the people's police from performing their duties in accordance with the law;
(V) Rejecting or obstructing the people's police from performing their duties in accordance with the law;
(V) Rejecting or obstructing the people's police from performing their duties in accordance with the law.
The people's police have the right to warn and take measures to stop the actions stipulated in the preceding paragraph for the people's police who are performing their duties.
Are there few people who insult, insult, threaten, surround and intercept police? Do we encounter fewer police cars that deliberately hinder the performance of their duties in accordance with the law? The law has already stipulated so much that it can no longer be detailed. If this cannot protect grassroots law enforcement police, then grassroots leaders will be too ungrateful.
2. Article 69 (Disposal of assault on police officers) If a violent attack or organize, assist or incite violent attack on a people's police officer who is performing his duties constitutes a crime, criminal responsibility shall be pursued in accordance with the law. Those who threaten, intimidate, intentionally hurt or kill people's police and their close relatives for the purpose of retaliation and venting anger, or commit other acts that violate personal rights and property rights that constitute violations of public security management shall be subject to severe public security management punishment in accordance with the law; if a crime constitutes a crime, criminal liability shall be pursued severely.
The people who are fond of fanning the flames and inciting violent attacks on the police are the most. Now, we will be able to treat the symptoms and root causes.
Highlight 7: Finally, our own festival is here, and there is also a police flag!
1, Article 106 (People's Police Day) July 6 is designated as People's Police Day every year.
No longer have to envy soldiers and teachers, we have our own festivals. Although it was just a festival, at this moment, I suddenly felt a deep sense of identity with this profession.
The origin of the People's Police Day
On July 6, 1949, the Revolutionary Military Commission of the CPC Central Committee decided to establish the Ministry of Public Security under the Military Commission to govern the work of public security organs in various places, and appointed Luo Ruiqing as the Minister of Public Security. The Ministry of Public Security of the Military Commission was established to prepare for the establishment of a new Central People's Government. On July 8 and July 9, Zhou Enlai presided over the report meetings of the CPC Central Committee twice to discuss the organizational setting and leadership selection of intelligence and public security departments.
2. Article 107 (Police Flag, Police Badge, Police Song) The police flag, police badge, and police songs of the people's police are formulated by the public security department of the State Council.
Highlight 8: New regulations on the use of weapons and police equipment were added, and the first proposed "handling of attacks on police officers"
Compared with the old version of the Police Law, the revised draft clearly states the situation under which police officers can use weapons and police equipment. Some of the clauses are consistent with the "Regulations on the Use of Police Equipment and Weapons of the People's Police of the People's Republic of China", and new content has been added, such as adding "In order to intercept vehicles that endanger public safety, personal safety and refuse to obey the people's police's parking instructions, police can use weapons directly."
Regarding the long-term call for the industry to increase the crime of "assaulting police", Article 69 of the revised draft proposes "handling of assaulting police." If violent attacks or organize, assist or incite violent attacks on people's police officers who are performing their duties, they shall be held criminally responsible in accordance with the law.
Highlight 9: Clarify the funds and consequences of police auxiliary personnel and performing duties
Article 75 (Police auxiliary personnel) Public security organs may use police auxiliary personnel according to work needs.
The act of police auxiliary personnel assisting the people's police in performing their duties in accordance with the law is protected by law, and the consequences of the act of performing their duties shall be borne by the public security organs where they are located.
The funds required for police auxiliary personnel are included in the local government's fiscal budget for full guarantee.
The responsibilities, rights, obligations and management of police auxiliary personnel shall be separately stipulated by the state.
Highlight Ten: The spring for police academy students is here!
Article 55 (Preparatory Police Officer) Students of the public security major of the People's Police College implement the system of reserve police officers.
Students of the People's Police College’s public security major implement police management, and the state shall bear all the costs of learning, training, living, medical care, etc. during school.
Students of the public security major of the People's Police College participated in police practical activities. Those who were injured or disabled or sacrificed during duty will enjoy the benefits of the people's police.
If a student of the public security major of the People's Police College graduated and hired as a people's police, he shall sign a minimum service life agreement with the recruiting authority in accordance with the regulations. If the person has not been hired as a people's policeman or has not been served for a period of service, the fees stipulated in the preceding paragraph shall be refunded.
The specific measures stipulated in this article shall be formulated by the public security department of the State Council in conjunction with relevant departments.
