(Adopted at the 12th Meeting of the Standing Committee of the Eighth National People's Congress on February 28, 1995 and promulgated by Order No. 40 of the President of the People's Republic of China on February 28, 1995)

catalog

general provisions

Chapter II Functions and Powers

Chapter III Obligations and Discipline

Chapter IV Organization and Management

Chapter V Police Security

Chapter VI Supervision of Law Enforcement

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

general provisions

Article 1 This Law is formulated in accordance with the Constitution in order to maintain national security and public order, protect the legitimate rights and interests of citizens, strengthen the ranks of the people's police, exercise strict discipline, improve the quality of the people's police, ensure that the people's police exercise their functions and powers according to law, and ensure the smooth progress of reform, opening up and the socialist modernization drive.

Article 2 The tasks of the people's police are to maintain national security, maintain public order, protect citizens' personal safety, personal freedom and lawful property, protect public property, and prevent, stop and punish illegal and criminal activities.

The people's police include the people's police of public security organs, national security organs, prisons, reeducation through labor administrative organs, and the judicial police of people's courts and people's procuratorates.

Article 3 The people's police must rely on the support of the people, maintain close contact with the people, listen to their opinions and suggestions, accept their supervision, safeguard their interests and serve the people wholeheartedly.

Article 4 The people's police must take the Constitution and the law as the criteria for their activities, be loyal to their duties, honest and clean, have strict discipline, obey orders and strictly enforce the law.

Article 5 The people's police shall be protected by law when they perform their duties according to law.

Chapter II Functions and Powers

Article 6 The people's policemen of public security organs shall, in accordance with the division of duties, perform the following duties according to law:

（1） Prevent, stop and investigate illegal and criminal activities;

（2） Maintain public order and stop acts endangering public order;

（3） Maintain traffic safety and order, and deal with traffic accidents;

（4） Organize and implement fire control work and implement fire control supervision;

（5） To control firearms and ammunition, knives, inflammable, explosive, highly toxic, radioactive and other dangerous goods;

（6） Manage the special industries specified by laws and regulations;

（7） Guard specific personnel specified by the state, and guard important places and facilities;

（8） To administer assemblies, processions and demonstrations;

（9） To administer household affairs, nationality, entry and exit affairs, and matters relating to aliens' residence and travel in China;

（10） To maintain public order in the border areas;

（11） To execute criminal punishments against criminals sentenced to public surveillance, criminal detention or deprivation of political rights and criminals serving outside prison, and to supervise and investigate criminals who have been sentenced to probation or parole;

（12） Supervise and manage the security protection of computer information system;

（13） To guide and supervise the public security work of state organs, social organizations, enterprises, institutions and key construction projects, and to guide the public security work of public security committees and other mass organizations;

（14） Other responsibilities specified by laws and regulations.

Article 7 The people's police of the public security organs may, according to law, impose administrative coercive measures and penalties on individuals or organizations that violate the laws and regulations governing the administration of public security or other public security administration.

Article 8 The people's police of the public security organ may forcibly take a person who seriously endangers public order or threatens public security away from the scene, detain him according to law or take other measures as prescribed by law.

Article 9 In order to maintain public order, the people's police of the public security organ may interrogate and inspect on the spot persons suspected of breaking the law and committing crimes upon producing the corresponding certificates; After cross examination and inspection, if one of the following circumstances is found, he may be taken to the public security organ, and upon the approval of the public security organ, he may continue to be cross examined:

（1） Accused of criminal acts;

（2） Suspected of committing a crime on the scene;

（3） Suspected of committing a crime, whose identity is unknown;

（4） The items carried may be stolen.

The retention time for the interrogated person shall not exceed 24 hours from the time he is brought to the public security organ. Under special circumstances, the retention time may be extended to 48 hours with the approval of the public security organ at or above the county level, and the interrogation record shall be kept. If further interrogation is approved, the family member or the unit to which he belongs shall be notified immediately. If no further interrogation is approved, the interrogated person shall be released immediately.

After further interrogation, if the public security organ considers that it is necessary to detain or take other compulsory measures against the interrogated person according to law, it shall make a decision within the period specified in the preceding paragraph; If the above-mentioned decision cannot be made within the period specified in the preceding paragraph, the person questioned shall be released immediately.

Article 10 In case of an emergency of resisting arrest, riot, escaping from prison, seizing guns or other acts of violence, the people's police of public security organs may use weapons in accordance with the relevant regulations of the State.

Article 11 In order to stop serious illegal and criminal activities, the people's police of public security organs may use police implements in accordance with the relevant regulations of the State.

Article 12 For the purpose of investigating criminal activities, the people's police of the public security organ may, according to law, execute detention, search, arrest or other compulsory measures.

Article 13 The people's police of public security organs may, for the urgent need of performing their duties, have priority in taking public transport upon presentation of corresponding certificates, and in case of traffic obstruction, have priority in passing.

The public security organ may, when necessary and in accordance with the relevant provisions of the State, give priority to the use of means of transport, means of communication, sites and buildings of organs, organizations, enterprises, institutions and individuals for the purpose of investigating crimes, and shall return them promptly after use and pay appropriate fees; If losses are caused, compensation shall be made.

Article 14 The people's police of public security organs may take protective restraint measures against mental patients who seriously endanger public security or the personal safety of others. If it is necessary to send it to a designated unit or place for guardianship, the matter shall be reported to the public security organ of the people's government at or above the county level for approval, and the guardian shall be notified in a timely manner.

Article 15 The public security organs of the people's governments at or above the county level may, in order to prevent and stop acts seriously endangering public security and order, restrict the passage or stay of people and vehicles in certain areas and at certain times, and may exercise traffic control when necessary.

The people's police of the public security organ may take corresponding traffic control measures in accordance with the provisions of the preceding paragraph.

Article 16 The public security organ may, in accordance with the relevant provisions of the State and after strict approval procedures, take technical reconnaissance measures for the purpose of investigating crimes.

Article 17 The public security organs of the people's governments at or above the county level, with the approval of the public security organs at higher levels and the people's governments at the same level, may, according to the circumstances, exercise on-site control over emergencies that seriously endanger public security and order.

The people's police of the public security organ may, in accordance with the provisions of the preceding paragraph, take necessary measures to forcibly disperse them, and forcibly take those who refuse to obey away from the scene or detain them immediately.

Article 18 The people's police of the State security organs, prisons, administrative organs of reeducation through labour and the judicial police of the people's courts and the people's procuratorates shall perform their functions and powers in accordance with the provisions of relevant laws and administrative regulations respectively.

Article 19 The people's police shall perform their duties in case of an emergency within the scope of their duties during non working hours.

Chapter III Obligations and Discipline

Article 20 The people's police must:

（1） Enforce the law impartially and act impartially;

（2） Model compliance with social ethics;

（3） Be polite and civilized on duty;

（4） Respect the customs of the people.

Article 21 When the people's police encounter a violation of a citizen's personal or property safety or are in other distress situations, they shall immediately provide assistance; Help shall be given to citizens who ask for settlement of disputes; Cases reported to the police by citizens shall be investigated and dealt with in a timely manner.

The people's police should actively participate in the rescue and relief work and social welfare work.

Article 22 The people's police shall not commit any of the following acts:

（1） Disseminate remarks detrimental to the reputation of the State, participate in illegal organizations, participate in gatherings, processions, demonstrations and other activities aimed at opposing the State, and participate in strikes;

（2） Divulge state secrets and police secrets;

（3） Practicing fraud, concealing the case, shielding and conniving at illegal and criminal activities;

（4） Extorting confessions by torture or physically punishing or maltreating offenders;

（5） Illegally deprive or restrict another person's personal freedom, and illegally search another person's body, articles, residence or place;

（6） Extortion or extortion or taking bribes;

（7） Beat or instigate others to beat;

（8） Violating the law to impose penalties or collect fees;

（9） Accepting invitations and gifts from the parties and their agents;

（10） Engaged in profit-making business activities or employed by any individual or organization;

（11） Neglect of duty and failure to perform legal obligations;

（12） Other violations of law and discipline.

Article 23 The people's police must dress in accordance with the regulations, wear the people's police logo or hold the people's police certificate, maintain a neat appearance and behave decently.

Chapter IV Organization and Management

Article 24 The State shall, in accordance with the nature, tasks and characteristics of the work of the people's police, stipulate the organizational structure and job order.

Article 25 The people's police shall practise a system of police ranks according to law.

Article 26 People's policemen shall meet the following requirements:

（1） People who have reached the age of 18;

（2） Support the Constitution of the People's Republic of China;

（3） Have good political and professional quality and good conduct;

（4） Physical health;

（5） High school graduate or above;

（6） Volunteer for the work of the people's police. 　

A person may not serve as a people's policeman under any of the following circumstances:

（1） Having received criminal punishment for a crime;

（2） Having been dismissed from public office.

Article 27 In employing people's policemen, they must, in accordance with State regulations, take public examinations, make strict examinations and select the best ones.

Article 28 Persons holding leading posts of the people's police shall meet the following requirements:

（1） Have legal expertise;

（2） Have political and legal work experience and certain ability of organization, management and command;

（3） College degree or above;

（4） Trained by the People's Police Academy and passed the examination.

Article 29 The State develops the educational cause of the people's police and conducts planned education and training of the people's police in political ideology, legal system and police business.

Article 30 The State shall, according to the nature, tasks and characteristics of the work of the people's police, stipulate the length of service for different posts and the maximum age for different posts.

Article 31 The people's police, individually or collectively, shall be rewarded for outstanding performance, outstanding achievements and special contributions in their work. Awards include: commendation, third class merit, second class merit, first class merit, and honorary title.

In accordance with the relevant provisions of the State, the people's police who have received awards may be promoted in advance and given certain material rewards.

Chapter V Police Security

Article 32 The people's police must implement the decisions and orders of their superiors.

If the people's police think that the decision and order are wrong, they may put forward opinions according to the provisions, but they may not suspend or change the implementation of the decision and order; If the opinions put forward are not adopted, decisions and orders must be obeyed; The superior who makes the decision and order is responsible for the consequences of implementing the decision and order.

Article 33 The people's police shall have the right to refuse to implement any instruction that goes beyond the scope of the duties of the people's police as prescribed by laws and regulations, and at the same time report it to the higher authorities.

Article 34 Citizens and organizations shall give support and assistance to the people's police when they perform their duties according to law. The acts of citizens and organizations assisting the people's police in performing their duties according to law are protected by law. Those who have made remarkable achievements in assisting the people's police in performing their duties shall be commended and rewarded.

Citizens and organizations that have caused casualties or property losses by assisting the people's police in performing their duties shall be given pensions or compensations in accordance with the relevant provisions of the State.

Article 35 If a person refuses or obstructs the people's police from performing their duties according to law and commits one of the following acts, he shall be given an administrative penalty for public security:

（1） Flagrantly insulting the people's police who are performing their duties;

（2） Obstructing the people's police from investigating and collecting evidence;

（3） Refusing or obstructing the people's police from entering the relevant residence or place in pursuit, search, rescue or other tasks;

（4） Deliberately erecting obstacles to police cars carrying out urgent tasks such as saving people, rescuing people, chasing after people, guarding people, etc;

（5） Having other acts of refusing or obstructing the people's police to perform their duties.

Whoever commits the acts specified in the preceding paragraph by means of violence or threat, if the case constitutes a crime, shall be investigated for criminal responsibility according to law.

Article 36 The public security department under the State Council shall exercise unified supervision over the manufacture of the police insignia, standard clothes and police implements of the people's police, which shall be administered jointly with other relevant state organs. No other individual or organization may illegally manufacture or sell them.

The police signs, standard clothes, police implements and certificates of the people's police shall be used exclusively by the people's police, and other individuals and organizations shall not hold or use them.

In case of violation of the provisions of the preceding two paragraphs, the illegally manufactured, trafficked in, held or used police symbols, standard clothes, police implements and certificates of the people's police shall be confiscated, and the public security organ shall detain or give a warning of not more than 15 days, and may also impose a fine of not more than five times the illegal gains; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 37 The State guarantees the funds for the people's police. The funds for the people's police shall be included in the central and local financial budgets in accordance with the principle of division of powers.

Article 38 The people's governments at all levels shall include in the capital construction plan and the overall plan for urban and rural construction the construction of communication and training facilities, transportation, fire control, local police stations, places of supervision and other infrastructure necessary for the work of the people's police.

Article 39 The State strengthens the modernization of the people's police equipment and strives to popularize and apply advanced scientific and technological achievements.

Article 40 The people's police shall implement the salary system for public servants and enjoy the police rank allowances and other allowances, subsidies and insurance and welfare benefits prescribed by the State.

Article 41 If the people's police are disabled on duty, they shall enjoy the same pension and preferential treatment as the active servicemen who are disabled on duty.

If a people's policeman is killed on duty or dies of illness, his family members shall enjoy the same state pension and preferential treatment as the family members of active servicemen who are killed on duty or die of illness.

Chapter VI Supervision of Law Enforcement

Article 42 When performing their duties, the people's police shall accept supervision by the people's procuratorates and administrative supervisory organs according to law.

Article 43 The higher authorities of the people's police shall supervise the law enforcement activities of the lower authorities, and if they find that their handling or decisions are wrong, they shall revoke or change them.

Article 44 When performing their duties, the people's police must consciously accept the supervision of society and citizens. Provisions made by the people's police organs that are directly related to the public interest shall be made public.

Article 45 In the process of handling public security cases, the people's police shall withdraw under any of the following circumstances, and the parties concerned or their legal representatives shall also have the right to request them to withdraw:

（1） Is a party to the case or a close relative of a party;

（2） He or his close relatives have an interest in the case;

（3） Having other relationships with the parties to the case, which may affect the fair handling of the case.

The withdrawal specified in the preceding paragraph shall be decided by the relevant public security organ.

The provisions of the Criminal Procedure Law shall apply to the withdrawal of the people's police in handling criminal cases.

Article 46 Citizens or organizations shall have the right to report or accuse people's police organs, people's procuratorates or administrative supervisory organs of violations of law and discipline by the people's police. The organ that accepts the report or accusation shall investigate and deal with it in a timely manner, and inform the informant or accuser of the investigation results.

No one may suppress or retaliate against citizens or organizations who report or accuse according to law.

Article 47 Public security organs shall establish a supervision system to supervise the implementation of laws, regulations and discipline by the people's police of public security organs.

Chapter VII Legal Liability

Article 48 If a people's policeman commits one of the acts listed in Article 22 of this Law, he shall be given administrative sanctions; If a crime is constituted, criminal responsibility shall be investigated according to law.

Administrative sanctions include: warning, demerit recording, major demerit recording, demotion, dismissal, and dismissal. In accordance with the relevant provisions of the State, the people's police who are subject to administrative sanctions may be demoted or their ranks revoked.

If necessary, the people's police who violate discipline may be taken measures to stop performing their duties and to confine them.

Article 49 If a people's policeman uses weapons or police implements in violation of regulations, which constitutes a crime, he shall be investigated for criminal responsibility according to law; If the case does not constitute a crime, administrative sanctions shall be given according to law.

Article 50 If a people's policeman infringes upon the lawful rights and interests of a citizen or organization and causes damage in the course of performing his duties, he shall make compensation in accordance with the State Compensation Law of the People's Republic of China and other relevant laws and regulations.

Chapter VIII Supplementary Provisions

Article 51 The Chinese People's Armed Police Force shall perform the security tasks entrusted by the State.

Article 52 This Law shall go into effect 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 repealed at the same time.