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New regulations of the Ministry of Public Security: The police perform their duties according to law, and individuals do not bear legal responsibility

In order to ensure that the public security police perform their duties and exercise their powers in accordance with the law, and safeguard the dignity of the national law and the authority of the people's police in law enforcement, on the basis of in-depth investigation and extensive solicitation of opinions, the Ministry of Public Security has formulated the "Regulations on the Work of Public Security Organs in Safeguarding the Authority of the People's Police in Law Enforcement", which was signed and issued by Zhao Kezhi, state councilor and minister of public security, and will be formally implemented on February 1, 2019.

According to the news on the website of the Ministry of Public Security on December 29, the Ministry of Public Security held a press conference in Beijing today to report on the relevant situation of the "Regulations on the Work of Public Security Organs in Safeguarding the Authority of the People's Police in Law Enforcement." Guo Lin, spokesman of the Ministry of Public Security, presided over the press conference; Zhang Xiangning, director of the Police Supervision Bureau of the Ministry of Public Security, and Han Chao, deputy director of the Ministry of Public Security, attended the press conference and answered reporters' questions.

In recent years, especially since the Eighteenth National Congress of the Communist Party of China, public security work and the construction of the public security contingent have continuously taken new steps and made new achievements, and have made outstanding contributions to the realization of "maintaining long-term stability in the overall social situation of our country and becoming one of the most secure countries in the world." This achievement is due to the strong leadership of the Party Central Committee with Comrade Xi Jinping as the core, and it is also inseparable from the vast number of public security police throughout the country who have been adhering to the frontline of law enforcement and silently paying sacrifices and dedications for many years, and are inseparable from their strict standardization of fair and civilized law enforcement and efforts to safeguard social fairness and justice. However, in recent years, in the course of law enforcement duties, front-line public security police have encountered incidents of obstruction of law enforcement, violent resistance to the law, and rumor-mongering and slander, which not only caused serious harm to the personal safety and personal reputation of the public security police, but also greatly damaged the dignity of the state law and the law enforcement authority of the public security organs, and also seriously interfered with the public security people's police in performing their duties and missions of cracking down on crime and protecting the people in accordance with the law.

Zhang Xiangning informed that in the past 40 years of reform and opening up, more than 13,000 public security police officers across the country have sacrificed their lives in the line of duty and sacrificed their precious lives for the cause of public security. 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.

Zhang Xiangning said that since March 2017, the Ministry of Public Security has based itself on China's national conditions in the new era, adhered to problem-oriented, adhered to reform and innovation, adhered to the rule of law thinking, conducted in-depth research and demonstration, conscientiously summarized and actively learned from relevant mature experience at home and abroad, extensively listened to opinions and suggestions from all sides, and carried out the formulation of the "Regulations on the Work of Public Security Organs to Safeguard the Authority of the People's Police in Law Enforcement". The "Provisions" are mainly based on laws and regulations such as the "People's Police Law of the People's Republic of China" and the "Regulations on Supervision of Public Security Organs", fully consider the actual needs of the current work of safeguarding the authority of the people's police in law enforcement, and fully consider the connection and support with relevant policies, laws and regulations. The "Provisions" have a total of 33 articles, which are highly scientific, targeted and operable.

The "Provisions" make it clear that public security police officers performing their duties and exercising their powers in accordance with the law are protected by law and are not hindered or obstructed, the personal and property safety of police officers and their close relatives is not threatened or infringed by the police's lawful performance of their duties and the exercise of their powers, and the personal dignity of the police and their close relatives is not insulted or degraded by the lawful performance of their duties and the exercise of their powers 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.

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. 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 establishments to establish unimpeded mechanisms for emergency treatment of police officers injured in the line of duty, establish a consolation payment system for maintaining the authority of the people's police in law enforcement, and provide legal services for the people's police in lawfully performing their duties and exercising their powers by hiring legal advisers, full-time lawyers, and other such means. 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.

Guo Lin said that protecting the personal safety of front-line law enforcement police officers and their families, and maintaining normal law enforcement order and police law enforcement authority are not only objective requirements for comprehensively promoting the rule of law, building a socialist country ruled by law, and promoting a higher level of safe China rule of law China, but also a practical need to maintain social fairness and justice, maintain social public order, and protect the safety of people's lives and property. The promulgation and implementation of the "Provisions on the Work of Public Security Organs in Safeguarding the Authority of the People's Police in Law Enforcement" fully reflects the concern and love of the Party Central Committee for the vast number of public security police, fully reflects the support and trust of the whole society for the public security police to perform their duties according to law, and is also an important measure for the party committee of the Ministry of Public Security to encourage the public security police to have the courage to act and fulfill their duties. Public security organs throughout the country will, in accordance with the general requirements of "loyalty to the party, service to the people, impartiality in law enforcement, and strict discipline," always adhere to the principle of strictly administering the police and treating the police preferentially, deeply promote the standardization of law enforcement, persist in strictly standardizing fair and civilized law enforcement, and constantly improve law enforcement methods and raise the level of law enforcement, so that the people can truly feel fairness and justice in every case and every law enforcement action. The people's rights and interests must be guaranteed by law, and the authority of the law must be safeguarded by the people. In the new era of comprehensively promoting the rule of law, maintaining the law enforcement authority of the people's police requires the efforts of the whole police and the understanding and support of the whole society, and strives to form a good social atmosphere in which everyone respects the law and abides by the law and consciously cooperates with law enforcement.