Order of the President of the People’s Republic of China
No. 17
The Law of the People’s Republic of China on the People’s Armed Police, adopted at the 10th Meeting of the Standing Committee of the Eleventh National People’s Congress of the People’s Republic of China on August 27, 2009, is hereby promulgated and shall go into effect as of the date of its promulgation.
Hu Jintao
President of the People's Republic of China
August 27, 2009
Law of the People’s Republic of China on the People’s Armed Police
(Adopted at the 10th Meeting of the Standing Committee of the Eleventh National People’s Congress on August 27, 2009)
Contents
Chapter I General Provisions
Chapter II Tasks and Duties
Chapter III Obligations and Rights
Chapter IV Guarantee Measures
Chapter V Supervision and Inspection
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purposes of regulating and guaranteeing the performance of duties by the People’s Armed Police Force in accordance with the law, safeguarding national security and social stability, and protecting the lawful rights and interests of Chinese citizens, legal persons and other organizations.
Article 2 The People’s Armed Police Force shoulders the tasks entrusted by the State of performing security tasks, conducting defense operations, dealing with emergencies and providing disaster relief, and participating in national economic development.
The People’s Armed Police Force is a constituent part of the national armed forces.
Article 3 The People’s Armed Police Force is under the leadership of the State Council and the Central Military Commission of the People’s Republic of China and operates a system that integrates unified leadership with a command hierarchy.
Article 4 The People’s Armed Police Force shall abide by the Constitution and laws, be devoted to its duties and perform its duties in accordance with the provisions of this Law and other relevant laws.
The actions of the People’s Armed Police Force in performing its duties in accordance with the law are protected by law.
Article 5 Members of the people’s armed police who make outstanding contributions in carrying out their tasks, and citizens, legal persons and other organizations that make outstanding contributions in assisting the people’s armed police in carrying out its tasks shall be commended and rewarded in accordance with the provisions of the relevant laws and regulations.
Article 6 The People’s Armed Police Force implements a police rank system, the specific measures of which shall be specified by the State Council and the Central Military Commission.
Chapter II Tasks and Duties
Article 7 The People’s Armed Police Force shall undertake the following security tasks:
(1) Provide armed guards for the State-designated objects and targets and major events;
(2) Provide armed protection for important public facilities, enterprises, warehouses, water sources, water conservancy projects, electric power facilities, and important parts of communication centers, all of which are closely related to national economy and the people’s livelihood;
(3) Provide armed protection for bridges and tunnels at important locations on main traffic arteries;
(4) Post peripheral armed guards at prisons and detention houses;
(5) Perform armed patrols in important areas or during special periods in municipalities directly under the central government, municipalities where the people’s governments of provinces and autonomous regions are located, and other important cities;
(6) Assist public security organs, State security organs, judicial administrative organs, procuratorial organs and judicial organs in performing the tasks of arrest, pursuit, capture, and escort, and assist other relevant organs in performing important escort missions;
(7) Participate in dealing with rebellions, riots, serious violent and illegal incidents, terrorist attacks and other social security incidents; and
(8) Other security tasks entrusted by the State.
Article 8 The movement and use of the People’s Armed Police Force for performing security tasks shall adhere to the principles of strict examination and approval and using police force in accordance with the law. Specific approval authority and procedures for such movements and use shall be specified by the State Council and the Central Military Commission.
No entity or individual shall move or use the People’s Armed Police Force in violation of the relevant provisions. In the case of a violation of relevant provision for the movement and use of the People’s Armed Police Force, the People’s Armed Police Force shall refuse to execute the order and immediately report to a higher authority.
Article 9 An entity for which the People’s Armed Police Force provides armed protection (hereinafter “Target Entity”) may give operational guidance to the people’s armed police who are carrying out guard duties at such Target Entity.
Article 10 When performing security tasks in accordance with the arrangements of public security organs under the people’s governments at or above the county level, the People’s Armed Police Force may take the following measures:
(1) Check persons, articles and vehicles entering and exiting security areas and stop persons, articles and vehicles that are prohibited by relevant provisions from entering and exiting security areas; adopt necessary measures to prevent the forced entry or exit of the said persons, articles and vehicles;
(2) Interrogate persons suspected of an offence or crime, check their credentials and inspect suspicious articles and vehicles upon the consent of the on-duty commander in the course of conducting armed patrols;
(3) Assist in conducting road traffic control or controlling scenes;
(4) Take necessary measures to stop or disperse mass gatherings that endanger public order or the security of a target for which the People’s Armed Police Force provides armed protection (hereinafter “Target”); or
(5) Gain understanding of relevant situations from relevant entities and individuals or conduct necessary investigations at crime scenes based on the requirements for performing tasks.
Article 11 Where the people’s armed police discover that a person falls under any of the following circumstances in the course of performing security tasks, the people’s armed police shall, upon the consent of the on-duty commander, immediately control and transfer such person to the relevant public security organ, State security organ or other organ having jurisdiction to deal with such case:
(1) The person is in the process of committing a crime;
(2) The person is on a list of wanted criminals;
(3) The person is illegally carrying articles that endanger public security; or
(4) The person is in the process of conducting an act which endangers the security of a Target.
Article 12 The people’s armed police may, due to the urgent requirements of performing security tasks, have priority in using public transport vehicles upon showing credentials of the people’s armed police, and have the priority of way at traffic obstacles.
Article 13 The People’s Armed Police Force may, due to the requirements of performing security tasks and under extreme emergencies, and after the supreme commander shows credentials of the people’s armed police, temporarily use equipment, facilities, premises, transportation vehicles and other materials belonging to a relevant entity or individual, and shall return them to the owner immediately after use and pay an appropriate fee; any loss shall be compensated for in accordance with the provisions of the State.
Article 14 The People’s Armed Police Force shall assist public security organs or State security organs in executing the tasks of arrest or pursuit and capture. Subject to decisions made by the said organs, the People’s Armed Police Force shall assist such organs in conducting body searches of criminal suspects, defendants and criminals and searching their domiciles, and searching premises or transportation vehicles, etc. where criminal suspects, defendants, criminals and illicit articles are suspected to be hidden.
Article 15 The people’s armed police shall use police implements and weapons in accordance with the provisions of the relevant laws and administrative regulations concerning the use of police implements and weapons by people’s police in the course of performing security tasks.
Article 16 In the course of carrying out duties in defensive operations, dealing with emergencies and providing disaster relief, and participating in national economic construction, etc., the People’s Armed Police Force shall comply with the provisions of relevant laws, administrative regulations, the State Council and the Central Military Commission.
Chapter III Obligations and Rights
Article 17 When carrying out duties, the people’s armed police shall obey orders and commands and shall neither abuse their powers nor neglect their duties.
Article 18 The people’s armed police shall immediately come to the rescue of a person or property that is encroached upon or is in any other danger.
Article 19 The people’s armed police may not commit any of the following acts:
(1) Unlawfully deprive other people of, or restrict, their personal freedom, or illegally search a person, his or her belongings, means of transportation, dwelling or premises;
(2) Cover up or turn a blind eye to illegal and criminal activities;
(3) Divulge State secrets or military secrets; or
(4) Other acts in violation of laws and disciplines.
Article 20 When carrying out a mission, the people’s armed police shall dress according to relevant provisions and hold credentials of the people’s armed police.
Article 21 The people’s armed police shall be courteous and polite in the performance of duties, observe social ethics and show respect towards citizens’ religious beliefs, customs and habits.
Article 22 The people’s armed police shall enjoy the rights and interests of servicemen as specified in the Law of the People’s Republic of China on National Defense, in relevant laws and in administrative regulations.
Where a member of the people’s armed police suffers injury or death in the course of performing his duty, he shall be granted a pension and given preferential treatment in accordance with the provisions of the State on pensions and preferential treatment for service personnel.
Chapter IV Guarantee Measures
Article 23 In order to guarantee the performance of the People’s Armed Police Force’s security tasks, the relevant departments of the State Council and local people’s governments at or above the county level and their relevant departments shall immediately notify the General Headquarters of the People’s Armed Police Force and the People’s Armed Police Force stationed in their administrative regions of any relevant situations pertaining to public security and unexpected incidents.
Article 24 When the People’s Armed Police Force is performing security tasks, citizens, legal persons and other organizations shall provide necessary support and assistance.
The act of providing assistance by citizens, legal persons and other organizations to the People’s Armed Police Force to perform security tasks shall be protected by law.
Article 25 If a citizen, legal person or other organization suffers injury, death or property loss while assisting the People’s Armed Police Force in performing its duties, they shall be granted a pension, preferential treatment and compensation in accordance with the relevant provisions of the State.
Article 26 The funds required for the People’s Armed Police Force to perform security tasks and relevant construction entrusted by the State shall be included into the central and local financial budgets at or above the county level. Funds are guaranteed in accordance with the State’s relevant provisions.
Article 27 Target Entities and their superior authorities shall, in accordance with the relevant provisions of the State, provide facilities for performing guard duties, living facilities and other necessary guarantees for members of the People’s Armed Police Force who undertake guard duties at the Target Entity.
Article 28 Members of the people’s armed police who perform security tasks at Target Entities which have harmful environments such as poisons, dust, radiation, noise and other serious pollutants or high temperatures, low temperatures, or are oxygen deficient, shall enjoy the same protection, treatment and welfare subsidies as working employees of the Target Entities, and the Target Entities and their superior authorities shall ensure such treatment and subsidies.
Article 29 The People’s Armed Police Force shall, according to the requirements for performing its duties, strengthen the education and training of the people’s armed police and enhance its capability to carry out its duties in accordance with the law.
Chapter V Supervision and Inspection
Article 30 The people’s armed police shall accept supervision by the people’s governments and their relevant departments, citizens, legal persons and other organizations in the course of carrying out duties.
Citizens, legal persons and other organizations shall have the right to report or bring charges against the people’s armed police for acts which violate laws or disciplines with the people’s governments at or above the county level and their relevant departments or the People’s Armed Police Force.
Article 31 Upon receiving a report or charges against the people’s armed police concerning acts in violation of laws or disciplines or on discovering that the people’s armed police have acted in violation of laws or disciplines in the performance of their duties, the people’s governments at or above the county level and their relevant departments shall notify the People’s Armed Police Force in a timely manner.
Article 32 The People’s Armed Police Force shall, upon receiving a report or charges made by a citizen, legal person or other organization or notification issued by the people’s governments at or above the county level and their relevant departments concerning acts of the people’s armed police which violate laws or disciplines, investigate and deal with the cases in a timely manner.
Article 33 The People’s Armed Police Force shall supervise and inspect the implementation of laws and administrative regulations as well as the observation of disciplines by the people’s armed police subordinate to it.
Chapter VI Legal Liabilities
Article 34 In the course of performing tasks, if a member of the people’s armed police fails to perform his duties, disobeys a superior’s decision or order, utilizes police equipment and weapons in violation of the relevant provisions or is involved in any act listed in Article 19 hereof, such person shall be subject to disciplinary sanctions in accordance with the relevant provisions of the Central Military Commission; if the actions of such person constitute a criminal offence, he shall be investigated for criminal responsibility in accordance with the law.
Article 35 In the case of moving or using the People’s Armed Police Force in violation of relevant provisions, the person in charge who is directly responsible and other persons directly responsible shall be subject to sanctions in accordance with the law.
Article 36 Where a citizen, legal person or other organization obstructs the people’s armed police from carrying out their duties and commits acts against the public security administration, the relevant public security organ shall impose an penalty for administration of public security in accordance with the law; if such acts constitute a criminal offence, the relevant person or organization shall be investigated for criminal responsibility in accordance with the law.
Chapter VI Supplementary Provisions
Article 37 The People’s Armed Police Force shall comply with the provisions of the Martial Law of the People’s Republic of China while performing martial duties.
Article 38 This Law shall go into effect as of the date of its promulgation.