People's Police Law of the People's Republic of China (2012 Amendment)

People's Police Law of the People's Republic of China (2012 Amendment) People's Police Law of the People's Republic of China (Adopted at the 12th Session of the Standing Committee of the Eighth National People's Congress on February 28, 1995; amended in accordance with the Decision on Amending the People's Police of Law of the People's Republic of China at the 29th Session of the Standing Committee of the Eleventh National People's Congress on October 26, 2012; Order No. 69 of the President of the People's Republic of China) CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II FUNCTIONS AND POWERS CHAPTER III OBLIGATIONS AND DISCIPLINE CHAPTER IV ORGANIZATION AND ADMINISTRATION CHAPTER V GUARANTEE 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 accordance with the division of responsibilities, perform the following duties according to law: (1) 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 regulations; (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; (10) to maintain public order along the border (frontier) areas; (11) To execute criminal penalties of limited incarceration and deprival of political rights imposed on criminals. (12) to supervise and administer the work of protecting the computer information system; (13) 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 (14) 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: (1) 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 taken 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 interrogation 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 10 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 12 In order to investigate criminal activities, the people's policemen of public security organs may, according to law, ute detention, search, arrest or other compulsory measures. Article ......