Weinan Youth Network (text, pictures, special written by Liu Mengde) Recently, Lei Yang was constantly flooded with abnormal death during the investigation and punishment of Changping police for suspected prostitution. All parties are commenting. I don’t want to comment on who is right or wrong, and I don’t want to comment on the length of national laws. I just want to remind the law enforcement officers that the "correct posture" should have and not put themselves in danger.
I will sort out China's legal provisions on police coercive power, so that more people can "strengthen their postures".
The coercive power of police officers is used in modern sovereign states to maintain national security and social security order, and to prevent, stop and punish illegal and criminal activities and to implement the force in accordance with the law. It belongs to the category of national political power and is the guarantee for realizing police functions and completing police tasks. The police's coercive power also comes from the transfer of citizenship, and is not excessive. For police, "no law authorization" means prohibition.
No one shall suppress or retaliate against citizens or organizations that report or accuse them in accordance with the law.
Article 47: Public security organs establish an inspection system to supervise the implementation of laws, regulations and discipline by the people's police in the public security organs.
So, Officer Liu of Weinan Economic Development reminds you: Don’t fight against the police’s coercive power at will. In addition to the right to defend, you also have the right to complain, report, and accusation to help you. Don’t try to fight against the police’s “no movement” and “nobody leaving the scene”.
Some provisions of laws and regulations regarding the police's coercive power (if you don't want to be caught by a machine, please look carefully, don't say it doesn't happen at that time):
Article 16 of the Administrative Penalty Law of the People's Republic of China: The State Council or the people's government of provinces, autonomous regions, and municipalities authorized by the State Council may decide that an administrative agency exercises the administrative penalty power of the relevant administrative agency, but the administrative penalty power that restricts personal freedom can only be exercised by the public security organs.
Public security organs shall inform the summoned person of the reason and basis for the summons. Those who do not accept summons or evade summons without justifiable reasons can be summoned for compulsory summons.
Article 7 of the People's Police Law of the People's Republic of China: The people's police of public security organs may implement administrative compulsory measures and administrative penalties in accordance with the law for individuals or organizations that violate public security management or other public security administrative laws and regulations.
Article 8: People's police of public security organs may forcibly take persons who seriously endanger social security or threaten public safety, be detained in accordance with the law, or take other measures stipulated by law.
(I) Accused of committing crimes;
(II) A suspected of committing crimes on the spot;
(III) A suspected of committing crimes and unknown identity;
(IV) The items carried may be stolen.
Article 10: In the event of emergency situations such as resisting arrest, riots, jailbreak, robbery, or other violent acts, the people's police of the public security organs may use weapons in accordance with relevant national regulations.
Article 11: In order to stop serious illegal and criminal activities, the people's police of the public security organs may use police equipment in accordance with relevant national regulations.
Article 7 of the Regulations on the Use of Weapons and Police Equipment of People's Police: If a person's police encounters one of the following circumstances and the warning is invalid, he may use batons, tear gas, high-pressure water guns, special riot guns and other expulsion and uniformed police equipment:
(IV) Forcibly cross the cordon line set by the people's police to perform their duties;
(V) Resist or hinder the people's police from performing their duties in accordance with the law;
(V) Attacking the people's police;
(VIII) Other situations in which police equipment can be used as stipulated by laws and administrative regulations.
(I) Arrest criminals or major suspects of crime;
(II) Perform arrest, detention, detention, escort, interrogation, detention, or compulsory summons;
(I) Other circumstances in which police equipment can be used as stipulated by laws and administrative regulations.
People's police shall not intentionally cause personal injury if they use police weapons in accordance with the provisions of the preceding paragraph.
(10) Resist or obstruct the people's police from performing their duties in accordance with the law or violently attack the people's police, endangering the lives and safety of the people's police;
(15) Other situations in which weapons can be used as stipulated by laws and administrative regulations.
People's police may use weapons in accordance with the provisions of the preceding paragraph and if they have no time to warn or may cause more serious harmful consequences after warning, they may use weapons directly.
"Operational Regulations for the People's Police of Public Security Organs to Stop Illegal and Criminal Acts on the Site" Article 6: Before taking disposal measures, the public security police shall indicate their identity and show their law enforcement certificates. If the situation is urgent and there is no time to show their law enforcement certificates, they shall indicate their identity first and show their law enforcement certificates during the disposal process; if they wear standard police uniforms to perform their duties, they may not show their law enforcement certificates.
If the on-site police situation changes, the police should adjust the disposal measures in a timely manner.
Article 11 After the police officer takes disposal measures to stop the illegal and criminal acts, the person who may escape, commit murder, commit suicide, self-injury or have other dangerous acts may use binding police equipment such as handcuffs and police ropes to restrain them, and the weapon they hold is confiscated in a timely manner.