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 法律英译法律英译 → 中华人民共和国人民警察法(英文版)
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中华人民共和国人民警察法(英文版)
发表日期: 2008-04-25 09:00:27 阅读次数: 64120 查看权限: 普通信息

People's Police Law of the People's Republic of China
            (Adopted at the 12th Meeting of the Standing Committee of the Eighth
            National People's Congress on February 28, 1995, promulgated by
            order No. 40 of the President of the People‘s Republic of China on
            February 28 1995, and effective as of the date of promulgation)
            
              Contents
              Chapter ⅠGeneral Provisions
              Chapter ⅡFunctions and Powers
              Chapter Ⅲ Obligations and Discipline
              Chapter Ⅳ Organization and Administration
              Chapter ⅤGuarantee 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 accor-dance with the division of responsibilities, perform the
            following duties according to law:
              (l) 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 regula-tions;
              (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;
              (l0) 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;
              (l2) to supervise and administer the work of protecting the
            computer information system;
              (l3) 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
              (l4) 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. After
            interrogation and inspection, the person may be taken to a public
            security organ for further interrogation upon approval of this
            public security organ, if he or she is under any of the following
            circumstances:
              (l) being accused of a criminal offense;
              (2) being suspected of committing an offense on the scene;
              (3) being suspected of committing an offense and being of unknown
            identity;
              (4) carrying articles that are probably obtained illegally.
              The period of time for holding up the interrogated person shall be
            not more than 24 hours, counting from the moment he or she is take
            into the public security organ. In special cases, it may be extended
            to 48 hours upon approval by the public security organ at or above
            the county level, and the interrogation record shall be kept on
            file. If further interrogaion of the person is approved, his or her
            family or the organization in which he or she works shall be
            notified without delay. If further interrogation of the person is
            not approved, he or she shall be released immediately.
              If, through further interrogation, a public security organ
            considers it necessary to detain the interrogated person or adopt
            other compulsory measures against him or her according to law, a
            decision shall be made within the period of time as provided in the
            preceding paragraph. If the decision cannot be made within the
            period of time as provided in the preceding paragraph, the
            interrogated person shall be released immediately.
              Article l0 The people's policemen of public security organs may,
            in accordance with the relevant regulations of the State, use
            weapons in case of emergencies such as resisting arrest, rebellion,
            escaping from prison, grabbing firearms or other acts of violence.
              Article 11 In order to stop serious illegal and criminal
            activities, the People's policemen of public security organs may use
            police implements in accordance with the relevant regulations of the
            State.
              Article l2 In order to investigate criminal activities, the
            people's policemen of public security organs may, according to law,
            execute detention, search, arrest or other compulsory measures.
              Article 13 The people's policemen of public security organs may,
            as required by the urgent need of performing duties, have priority
            in taking the means of public transport upon producing an
            appropriate certificate, and have the right of way in case of a
            traffic block.
              As necessitated by investigation of a crime, a public security
            organ may, when necessary and in accordance with the relevant
            regulations of the State, have priority in using the means of
            transport or communications, places or buildings belonging to a
            State organ, organization, enterprise, institution, or individual,
            and shall return them to the owner immediately after use and pay an
            appropriate fee, and shall compensate for the loss, if there is any.
              Article l4 The people's policemen of public security organs may
            take protective measures to restrain a mental patient who seriously
            endangers public security or other people's personal safety. If it
            is necessary to send the Patient to a designated institution or
            place for guardianship, the matter shall be reported for approval to
            the public security organ of a people's government at or above the
            county level. and his or her guardian shall be notified without
            delay.
              Article l5 The public security organs of the people's governments
            at or above the county level may, for the purpose of preventing and
            checking acts that seriously endanger public order, restrict the
            passage or parking of people or vehicles in certain areas and within
            certain period of time, and may even exercise traffic control when
            necessary.
              The people's policemen of public security organs may, in
            accordance with the provisions of the preceding paragraph, take
            appropriate measures for traffic control.
              Article l6 As necessitated by investigation of a crime, public
            security organs may, in accordance with relevant regulations of the
            State, take technical reconnaissance measures after strictly
            following approval formalities.
              Article l7 The public security organs of the people's governments
            at or above the county level may, with the approval of the public
            security organs at higher levels and the people's governments at the
            corresponding levels and in light of the specific circumstances,
            exercise on-the-spot control over emergent events that seriously
            endanger public order.
              The people's policemen of public security organs may, in
            accordance with the provisions of the preceding paragraph, take
            necessary measures to disperse the crowds and forcibly take away
            from the scene or immediately detain the persons who refuse to obey.
              Article l8 The people's policemen of State security organs,
            prisons and organs in charge of reeducation through labor and the
            judicial policemen of the People's Courts and the People's
            Procuratorates shall exercise their functions and powers
            respectively in accordance with the provisions of relevant laws and
            administrative rules and regulations.
              Article l9 People's policemen shall, when in spare time running
            into emergencies that fall into the scope of their official duties,
            perform their duties.
              Chapter III Obligations and Discipline
              Article 20 People's policemen must fulfill the following
            obligations:
              (l) enforcing law and handling matters impartially;
              (2) playing an exemplary role in observing social ethics;
              (3) being courteous and polite in performing duties; and
              (4) showing respect for the customs and habits of the masses.
              Article 2l People's policemen shall immediately come to the rescue
            when a citizen's safety of the person or property is encroached upon
            or is in other dangerous situations; they shall, upon request, help
            citizens in settling their disputes; they shall handle without delay
            cases reported by citizens.
              People's policemen shall take an active part in rescue and relief
            work as well as in social welfare services.
              Article 22 People's policemen may not commit any of the following
            acts:
              (l) to spread statements that damage the prestige of the State; to
            join illegal organizations; to take part in such activities as
            assembly, procession and demonstration; and to take part in strikes;
              (2) to divulge State secrets or secrets of police work;
              (3) to practise fraud, conceal facts of a case, cover up or
            connive at illegal and criminal activities;
              (4) to extort confession by torture or subject criminals to
            corporal punishment or maltreat them;
              (5) to unlawfully deprive other people of , or restrict, their
            freedom of the person, or illegally search a person, his or her
            belongings, residence or place.
              (6) to extort and racketeer, or to demand or accept bribes;
              (7) to beat up another or instigate him to do so;
              (8) to illegally impose punishment or collect charges;
              (9) to attend dinners or accept presents given by the party
            concerned or his or her agent;
              (l0) to engage in profit-making activities or to be employed by
            any individual or organization;
              (11)to neglect his or her duty and fail to perform statutory
            obligations; or
              (l2) other acts in violation of law and discipline.
             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.
  

, 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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