The Ministry of Public Security held a press conference in Beijing yesterday to report on the relevant situation of the "Provisions on the Work of Public Security Organs in Safeguarding the Authority of the People's Police in Law Enforcement" (hereinafter referred to as the "Provisions"). The Provisions were issued by a ministerial decree signed by Zhao Kezhi, State Councilor and Minister of Public Security, and will come into force on 1 February 2019. The "Provisions" are the first departmental regulations of China's public security organs to safeguard the authority of the people's police in law enforcement.
In the past 40 years, more than 13,000 civilian police officers have died
"Just a few days ago, Ma Jintao, a police officer in Guiyang, died heroically while arresting a drug-related suspect, only 30 years old, leaving behind his daughter who had just turned one year old."
Zhang Xiangning, director of the Police Supervision Bureau of the Ministry of Public Security, introduced that in the past 40 years of reform and opening up, more than 13,000 public security police officers across the country have died in the line of duty. In the five years from 2013 to 2017, 2,003 people were killed in the line of duty and 25,000 were injured or disabled in the line of duty, of which 361 were sacrificed in 2017, with an average age of only 43.5 years.
A considerable part of these bloody sacrifices are caused by violent attacks, retaliation and obstruction of civilian police in the course of law enforcement.
In 2017 alone, police supervision departments at all levels accepted and verified 13,000 cases (incidents) of infringement on the law enforcement rights and interests of the police, handled 18,000 perpetrators of the infringement, and provided relief, restoration of reputations and recovery of losses for 16,000 police officers.
Do not bear responsibility for damage caused by the performance of duties in accordance with law
Since March 2017, the Ministry of Public Security has carried out the formulation of the Provisions on the Work of Public Security Organs in Safeguarding the Law Enforcement Authority of the People's Police. The first draft was formed in December 2017. From September 6 to October 6 this year, it was open to the public for comments.
The Provisions consist of 33 articles. It is clear that the public security police performing their duties and exercising their powers in accordance with the law shall be protected by law and shall not be hindered or obstructed, the personal and property safety of the police and their close relatives shall not be threatened or infringed by the lawful performance of duties and exercise of authority by the police, and the personal dignity of the police and their close relatives shall not be insulted or degraded by the lawful performance of duties and exercise of authority by the police.
Where the perpetrator commits an act that infringes upon the law enforcement authority of the people's police, and it constitutes a crime, criminal responsibility shall be pursued in accordance with law; where it does not constitute a crime and constitutes an act that violates the administration of public security, a punishment for the administration of public security shall be given in accordance with law.
Where the lawful performance of duties by the people's police causes harm to the lawful rights and interests of citizens, legal persons, or other organizations, the individual police do not bear legal responsibility, and the public security organ to which they belong is to compensate for the damage caused in accordance with the relevant provisions of the State. Public security organs shall carry out efforts to pursue responsibility for law enforcement mistakes in strict accordance with laws and regulations, and must not employ measures such as suspension of the performance of duties or confinement against police officers for reasons other than for legally prescribed reasons or through legally prescribed procedures, and must not make sanctions or dismissal, demotion, dismissal, or other such dispositions.
Police auxiliary personnel and close relatives of civilian police officers are included in the scope of protection
The "Provisions" require that the public security organs of people's governments at the county level or above shall establish a working committee for safeguarding the authority of the people's police in law enforcement, headed by the chief inspector, and its office shall be located in the police supervision department.
At the same time, public security organs shall establish and improve press release mechanisms for safeguarding the authority of the people's police in law enforcement, coordinate with medical and health institutions to establish a unimpeded mechanism for emergency treatment of police officers injured in the line of duty, establish a consolation payment system for safeguarding the authority of the people's police in law enforcement, and provide legal services for the people's police to perform their duties and exercise their powers in accordance with the law by hiring legal advisers, full-time lawyers, and other such forms.
The "Provisions" also clarify the specific circumstances and disposal requirements for violating the law enforcement authority of the people's police, and put forward requirements for the application for relief, case supervision, identification of job conduct, clarification and proof of work, and implementation of relevant work responsibilities after the police have been violated, and include police auxiliary personnel and close relatives of the police into the scope of protection.
Text/Reporter Gao Yuyang