Origin: Small alarm justice of the home, criminal

Before this, the Ministry of Public Security holds a press conference. Zhao Kezhi of minister of State Consul, public security signs a minister to make, release formally " public security mechanism safeguards a policeman to execute the law authoritative job sets " (hind add full text) , this provision already applied formally on Feburary 1, 2019, this is mechanism of our country public security safeguards a policeman the first times to execute the law authoritative sectional regulations, also be the first executive authority of our country is safeguarded execute the law authoritative sectional regulations.

This " set " after applying, public security policeman will be greeted formally walk on duty to avoid lawfully duty, times of fault tolerance mechanism, the gingerly, on thin ice that they are faced with in recent years, dare not execute the law, the difficult position that dare not take coercive measures lawfully will be not returned.

This one regulation of the Ministry of Public Security, will give stitch of infuse of basic level policeman cardiac stimulant, will stay in oral those who go up " the policeman executes the law authoritative " formal sublimate is become " formulary system " , it is the progress that reflected construction of socialistic legal system more.

Set this come on stage, will make safeguard a policeman to execute the law authoritative " have compasses but abide " , black clouds gentleman studies basic level policeman executes the law old, piece read a regulation, discovered a lot of window:

Window 1: Hold water for the policeman " thought fors the time being " professional standing body, departmental door uses up public security bureau each its duty

Be like the 4th regulation, mechanism of public security of prefectural class above ought to hold water to grow by superintend (it is a leading cadre commonly) for the director, alarm Wu superintend and legal system, alarm your direct, alarm conduct propaganda of training of occurrences in human life of Wu safeguard, politics work, education, news and hold the branch such as case of deal with according to law is a member safeguard a policeman to execute the law authoritative job committee, the office is set in alarm Wu superintend branch. Mechanism of public security of the 6th regulation can retain the form such as lawyer of counsel, full-time, fulfill powers and authorities of office of duty, exercise to provide legal service lawfully for the policeman. Relatively compare before, safeguard a policeman this to execute the law authority had special section to take the lead, transfer the departmental door power such as superintend, legal system, direct, politics labour, conduct propaganda at the same time, each use up its duty, the communication between expedite branch and communication, to safeguard a policeman to execute the law authority escorts the Emperor convoy. Of the policeman execute the law behavior is no longer " one individual battle " , it is the support of each office departments rear. Be worth what carry is, the function of superintend branch no longer of policeman of superintend of bureau be confined to execute the law behavior, more become the main force that maintains a policeman to close right increase.

Window 2: Safeguard a policeman to execute the law range of authoritative main body is wider, relative and complementary alarm all bring into limits

The 3rd sets, policeman and its are near the person belongings safety that belong to does not fulfill behavior of powers and authorities of office of duty, exercise to be browbeaten lawfully because of the policeman, encroach etc; Thirtieth sets, alarm Wu auxiliary personnel is in in assisting a policeman to perform procedure of powers and authorities of office of duty, exercise lawfully, get of illegal enroach on, consult this regulation begins relevant work. Relatively before all sorts of " thought fors the time being " , this rules will benefit main body is ceaseless and outspread, include policeman relative and assistance to begin execute the law of the activity complementary alarm. In reality, once the policeman walks on duty lawfully by enroach on, no matter the body or spirit get massive harm, the life property safety of family also gets tremendous menace, affect normal life of the family badly. In the meantime, this regulation also makes clear directly " alarm Wu auxiliary personnel can assist a policeman to begin execute the law activity " , and encroach assisting a policeman to execute the law complementary alarm behavior also will receive law to chase after duty.

Window 3: The policeman walks on duty to get lawfully enroach on ought to " thought fors the time being " case is more, cover show level all sorts of executing the law circumstance

The 8th stipulated public security mechanism ought to safeguard a policeman to execute the law 10 kinds of authoritative case, the enroach on that encounters according to showing level policeman to execute the law especially is actual, joined " be hit by car, grind make friends, procrastinate drag, of cut loiter " ; "Get sequestered, worry, drag, push those who wait for enroach on " , " be complained by ill will, of hype " , " oneself reach its privacy of close relative individual is encroached " wait for case, have very strong directiveness and specific aim. This is meant, execute the law to the policeman the situation that enroach on behavior maintains hard one pace not answer return, all case all already article provision. Safeguard execute the law to acted authoritatively to those who make clear consult with guidance, contrast one by one, do not leak enroach on incident, do not let a policeman walk on duty to get hurt by enroach on lawfully.

Window 4: Eliminate to safeguard a policeman to execute the law the interference element in authoritative process, do not suffer public opinion effect

The 15th sets, public security mechanism ought not to suffer suffer public opinion hype, letter to visit complain etc think the element is affected, undeserved perhaps covert investigate policeman duty, the accentuation processing to the policeman. Show level, the policeman executes the law to face unknown danger and suspect not only, face even " excessive " public opinion is supervised. Execute the law at the same time, considering the negative consequence that is acclaimed by public opinion at the same time. A few public security face experience alarm when public feelings, do not pass probe even, with respect to carelessly quit policeman job or give other processing, hurt not only at that time the enthusiasm of policeman and other staff, can cite public opinion to more adverse progress more. The regulation made clear politics labour to publicize sectional action first, will more effective processing public feelings acclaims incident. Chief of body of requirement public security is provided more take on, walk on job action of Liting's policeman lawfully, severity attacks the rumor in public opinion and contemptuous action. The leader's back is straight, the ability that the policeman stands will be more forceful!

Window 5: Stipulate relief measure and medical treatment sanitation are ensured clearly, offer material to ensure for the policeman

The 24th sets, public security mechanism ought to be built safeguard a policeman to execute the law authoritative solatium system; Dozenth a regulation, public security mechanism ought to coordinate wholesome medical establishment to build policeman on business to be wounded close emergency treatment treats expedite mechanism, to be wounded the policeman offers seasonable, effective medical treatment cure. Before the policeman walks on duty lawfully by enroach on when, whether does institution of each district public security provide certainly according to actual condition solatium and solatium amount, the regulation makes clear public security mechanism (county of province, city, area) normalization builds solatium system, and be encouraged actively normative use, in economically eased partial pressure. At the same time mechanism of public security of requirement each district coordinates orgnaization of medical treatment sanitation actively, for the passageway of green of policeman open up that cure gets hurt because of enroach on, of utmost reduce policeman sacrifice and harm to deepen. Pension system solved the problem of belongings safety, preferential treatment system solved life safety problem. Believe very fast, we can be in each are big the hospital sees " people police is preferential " clew catchphrase!

Window 6: Walk on duty clearly to cause losing policeman to need not be carried lawfully duty, offer corresponding compensation by public security mechanism

The 14th sets, the policeman walks on duty lawfully, cause those who damage, policeman individual does not assume legal responsibility, what belong to public security mechanism to concern a regulation to offer compensation to the harm that cause according to the country by its. This solved a policeman to be faced in walking on duty lawfully when harming tripartite interest be in a dilemma problem. The policeman executes the law is force of exercise public right, if cause loss by private assume, bring very great economy burden not only, damaged badlier execute the law enthusiasm. The regulation of this byelaw executes the law in policeman of the support on the oldest rate not only behavior, it is to appeal broad citizen more to execute the law the policeman offers more and convenience condition, in resembling Hong Kong movie " police, the car that rents you is used!

Window 7: Severity is investigated safeguard a policeman to execute the law the nonfeasance in authority and chaos serve as, investigate leader and responsibility person duty

The 28th set 6 kinds of condition that investigate leader and responsibility person duty in detail, include among them " because the system is not fulfilled, safeguard does not reach the designated position, direct mistake brings about a policeman to execute the law authority is encroached " , " take step of deliverance of deal with problems arising from an accident not in time " wait for all sorts of chaos to regard as with nonfeasance. The 18th sets, all allegation to treating an opinion mix the policeman averment right, committee of place dimension authority ought to listen to an opinion adequately and comprehensive check. Specific provision does not get because of policeman to lodge a complaint aggravating to its punish, processing, perhaps covert blow makes reprisals. This gives safeguard a policeman to execute the law clockwork spring was tightened on authority, it is superintend branch executes the law for the policeman before bright alarm the lamp, the policeman executes the law to also be shined for the branch such as superintend by enroach on now alarm the lamp. Of a lot of areas safeguard a policeman to execute the law authority still needs " the opinion that reads a leader " , but the regulation comes on stage to ask the leader must be safeguarded actively execute the law authoritative. The policeman walks on duty to do good own job lawfully, contribute force for safe facilities while, also need the care of leader and upper section and support, because troublesome, business is too small,cannot wait for a reason and abandon a policeman be being chased after by the law of enroach on duty safeguard with rights and interests. Such leaders just have take on, the policeman just has power.

Window 8: Build release a mechanism perfectly external, aggrandizement general law works

Mechanism of public security of the 7th regulation ought to be built perfect safeguard a policeman to execute the law authoritative news releases a mechanism, by alarm Wu superintend branch is installed jointly with news conduct propaganda, hair wait for a branch to release pertinent information in time, response society is deeply concerned, strengthen general law education. A few policemans confront reality " force fights a way " when, foot of Wei of meeting Wei hand, once strong processing may be buckled to go up by media " force executes the law " cap, if be not handled,can receive enroach on, on the other hand, a lot of citizens can not realize block up carries out official seriousness. No matter be right,so block up executes the law blow processing of the suspect, return be pair of policeman rights and interests to safeguard, ought to announce publicly in time to the society. At the same time through this kind of dimension authority incident develops general way, let more citizen realize block up carries out official seriousness, safeguard a policeman self-consciously to execute the law thereby authoritative.

Window 9: Behavior of divisional and qualitative of all kinds tort, cover kind of whole dimension authority

The 9th set in detail encroach a policeman to execute the law authoritative the dimension authority means of all sorts of degree, those who make crime investigate criminal duty lawfully, form illegal public security to administer act, give public security management punishment lawfully; The policeman suffers person or belongings losing, supportive policeman is passed mention criminal is accessary and civil the legal approach such as civil perhaps suit defends lawsuit legitimate rights and interests. "Force fights a way " level is different, harm level is different also, the law that violate is different also, basically detain with public security in reality give priority to, but a lot of encroach execute the law authoritative action is already adequate offend criminal law, because this sets specific provision, policeman of the support when civil loss mentions civil suit, general illegal behavior uses public security management to sanction a method, crime investigates criminal duty, support a policeman to mention criminal is accessary and civil lawsuit.

Reforming and opening comes 40 years, the whole nation shares on business of policeman of more than 13 thousand public security to sacrifice, gave precious life for public security career. Came 5 years of 2017 2013 in, on business of policeman of countrywide public security sacrifices 2003 people, on business is wounded or cause damage 25 thousand person, among them, sacrifice is 361 people, average 2017 the age has 43.5 years old only. Since this year, and other places of Liaoning, Jiangsu, Zhejiang, Anhui, Chongqing, Guizhou produced force to assault killing policeman early or late complementary alarm malign case. These bloodshed because the policeman is in,sacrifice has is partly quite execute the law be on duty be caused in the process by place of harm of violent assault, retaliation, obstructive block up.

Only 2017, various alarm Wu superintend branch accepts policeman of the enroach on that check to execute the law case of rights and interests (thing) 13 thousand, person of behavior of processing enroach on 18 thousand, offer for correct of 16 thousand policemans relieve, restore reputation, redeem a loss.

The Ministry of Public Security takes this height seriously, zhao Kezhi of minister of State Consul, the Ministry of Public Security makes written instructions indicate for many times early or late, emphasize " should execute the law strictly executing the law strictly is neglect one's duty, should support and did not support and protect, it is neglect one's duty likewise " , requirement severity is hit lawfully of all kinds piece alarm, faze alarm, disgrace alarm illegal crime, raid force stoutly alarm impetus pressing comes down, banner brightly beats interest to walk on duty policeman back up lawfully, cogent safeguard state law dignity and people police to execute the law authoritative.

This " public security mechanism safeguards a policeman to execute the law authoritative job sets " release, a lot of formulations inside are to appear for the first time, reflected the determination with authoritative to safeguarding a policeman to execute the law the Ministry of Public Security adequately also. Its are important the meaning is self-evident! People police walks on duty to avoid lawfully duty, not just can the oneself rights and interests of defend people police and execute the law authoritative, also can strong maintenance legal dignity, still can guide the people more self-conscious abide by the law execute the law with obedience, final main to creating a good and orderly society order to rise effect!

Select assist minister!

Nod assist the Ministry of Public Security!

2019, raid alarm person, punish severely surely!

1

Before this, liang Qinghui of the member that Meizhou city people's air defense does deputy survey is drunk on road wine drives motor vehicle, deal with in the policeman after with other car happening collides in the process, carry out official business lawfully with working personnel of office of state of violent means block up. Because Liang Qinghui is suspected of danger driving blame, obstructive and official blame is approved to arrest.

Liang Qinghui leads a cadre as the Party member, disobey state law code badly to set, be suspected of violating crime, clue serious, property is abominable, should grant to be handled gravely. Via approval of municipal Party committee of Meizhou of the Communist Party of China, meizhou city discipline appoint violated age issue badly to Liang Qinghui to undertake put on record examine.

According to " byelaw of Chinese Communist disciplinary treatment " " byelaw of punish of executive authority officeholder " wait for concerned regulation, discipline of city of Meizhou of classics the Communist Party of China appoint, Meizhou city inspect appoint appoint Wu meeting meeting is discussed and newspaper municipal Party committee is approved, the decision gives Liang Qinghui disciplinary action of government service of discharge party membership, discharge.

2

Basis " criminal law " the 277th regulation: Carry out a post lawfully with working personnel of office of state of block up of violent, minatory method, manage battle of 3 years of the following set term of imprisonments, arrest, control or fine. Violent assault is carrying out people police of the post lawfully, from heavy punishment.

A lot of people think, obstructive official business must want a police to hit an ability that hurt feeling make crime, actually this kind of thought is wrong.

The 5th intermediate people of Chongqing city court with (2017) change 05 punishment eventually book of 77 criminal ruling confirmed above point of view. Ruling book discusses:

This academy thinks, appellant Liu Lin carries out a post lawfully with police of people of block up of violent, minatory method, its behavior makes obstructive and official crime... the Liu Lin that puts forward about paraclete just will execute the law recorder fetch down is in the ground, this second conflict did not send a people's police slight injury above, did not reach the violent level of obstructive and official blame, liu Lin does not form the apologetic opinion of obstructive and official blame, cognizance thinks, obstructive and official blame is with official personnel by slight injury and above make important document, existing evidence can maintain Liu forest refus to do not deserve to add up to people police to carry out official business, violent stroke is carrying out the fact that equipment executes the law in official people police hand lawfully, liu Lin's behavior accords with obstructive and official blame make important document, ought to conviction with obstructive and official blame punishment. Reason should defend the opinion cannot hold water, do not grant to adopt.

3

Ask: Does the police have person of authority satisfy the need to undertake interrogate and examine?

Answer: Have! " law of police of People's Republic of China " the 9th regulation, to uphold order of security of society, the people police of public security mechanism violates the personnel of guilty suspicion to having, via showing corresponding certificate, can on the spot interrogate, examination. Attention, here is to have suspicion, hellion makes label impossibly on the face, so constabulary Sichuan millet the safety for everybody, by the profession sensitive, encounter the person that has suspicion, or to search a criminal, can undertake interrogate and examine to passerby.

Ask: Does the police execute the law does need show certificate? Does the police have execute the law card?

Answer: The police is in usually, wear an uniform, wear alarm hold, alarm date, do not need to show certificate, but if be executed the law person requirement, when perhaps executing the law below civilian clothes circumstance, need to state and show certificate. Attention, what the certificate here points to is police officer card, common to us police (except of certain industry police) , it is to do not have what call somewhat to execute the law of card, the so called police that says to the place on the net executes the law card, it is the police executes the law actually qualificatory grade certificate: " police of people of public security body executes the law qualificatory grade certificate " , break up to execute the law card, in the note the first is made clear writing " certificate is restricted only interior of public security mechanism is used, the identity document that nonfeasance executes the law external " .

So, those are asked for in the street and oppugn a police to be not taken piece execute the law card, fight the person of the law by this, the foolish degree that without English with doubt police 46 class certificate cannot execute the law is same. Reiterate, the police has police officer card only, did not execute the law card.

Ask: Does civilian clothes police have execute the law counterpoise?

Answer: Have! The police can execute the law below civilian clothes circumstance, but need statement capacity and show police officer evidence.

Ask: Person of constabulary satisfy the need undertakes interrogate and examine, the requirement produces identity document, whether does the examination carry article to violate illicit right?

Answer: If execute the law normally, do not calculate violate illicit right. Because this is legal place,gift constabulary influence, also be their working duty.

Ask: How to if do not deserve to add up to police to execute the law,meet?

Answer: Execute the law abusively police, can be detained directly. Cloggy executive official business, can be found out criminal responsibility. Basis " people police law " the 35th regulation: Barefaced affront is carrying out people police of the post, and investigation of police of block up people obtains evidence, belong to cloggy execute the law the policeman carries out a post lawfully. " management of public security of People's Republic of China sanctions a method " the 50th regulation, carry out official business lawfully to working personnel of office of block up state, police of block up people carries out a post lawfully, place warning perhaps fines 200 yuan below; The clue is serious, be in 5 days of above 10 days to be detained below, can be in 500 yuan of the following amerce. Criminal law the 277th in the first regulation " carry out a post lawfully with working personnel of office of state of block up of violent, minatory method, manage battle of 3 years of the following set term of imprisonments, arrest, control or fine. " " violent assault is carrying out people police of the post lawfully, according to the first regulation from heavy punishment. According to the first regulation from heavy punishment..

Version statute and academic estimation somebody do not love to look, that cites case.

Jiangxi strokes a city, two men are evil when the policeman investigates his to violate act signal is opposite, incendiary surround view masses mood, police two people lawfully criminal is detained.

Beijing, one woman rejects to coordinate policeman work inside building of station of capital airport boat, and atttack abuse policeman, by police lawfully criminal is detained.

Heilongjiang breaths out Er together together, li Mou produces conflict because of bagatelle and wife, break glass of bad oneself window, be in in the policeman alarm in hold wooden club to beat up a policeman again, by police lawfully criminal is detained.

Zhuhai, driver Chen Mou drives small passenger car is violated on bridge floor stop to be investigated, chen Mou, Wang Mou's couple strikes the policeman violently, two people of connubial by police lawfully criminal is detained.

Hubei Xi water, two brother manage one case in the policeman when traffic accident, drag is beaten up place alarm policeman, by police lawfully criminal is detained.

By criminal punishment, what consequence can you have?

Sentence crouch a jail of what, did not say. The most serious consequence, if be punished by criminal, it is to be able to leave those who have case background, you apply for a job later, apply for a job after your child, one's deceased father officeholder, join the army of what, did not think.

Be in China, civil rights consciousness increases somewhat is a favour. Individual it may not be a bad idea, nation, blind obedient management, lack thinks differentiate mind, can be washed out after all. But everybody also wants to see, value civil rights and illicit right only, lack corresponding legal knowledge, take no account of big environment, the society is meeting generation " deformation " .

Take cooperate a police to execute the law for this topic, a lot of people ask to this heart be suspicious, actually the heart is an idea: "Police by what are you in charge of me? " .

Often listen to the parent to say in one's childhood " constabulary uncle is catch rascal " . After be brought up, know the police is in charge of catching rascal not only, serve for people even, a be clear in the heart.

In Everyman heart, rascal is homicide, incendiary, rob, steal a thing, as to cross a driveway to enter a red light, wine hind drives a car, nature is to cannot calculate inside. Then, make a point when somebody " small error " when be being found by the police, or go in street by the police ineffable bar come down when interrogate, in the heart subliminal can think " I am not rascal, do you want to work? This where is humanness civilian service, this is to encroach human rights! This is to encroach human rights!!

To the police, there are good person and rascal in their eye, some is abide by the law only and break the law. Want to be inside duty limits only, no matter the other side was to offend,criminal law still is public security law, want to undertake executing the law. Station different, the nature of the consideration is different.

Think carefully, such as is robbed, theft, homicide, incendiary crime suspect, they are in when be being captured by the police, who lets a police had shown employee's card? Be to you can run?

When in the help masses casts off predicament, who lets a police had been shown execute the law card? Be to wish to go up to hold ham in the arms?

When finding a police actively to seek a help, who oppugns those who cross them to execute the law again qualification?

Why to become when oneself accept interrogate and examine or execute the law object when, where is the qualification that begins the other side since doubt? Say so, person, have two sides sex.

Human nature is hasten benefit avoids originally kill, this give no cause for more criticism. But did not forget, when we are enjoying law to give our protection, also want to give corresponding obligation, cooperate a police to execute the law for instance. With its doubt police has without that this qualification, qualification, ask degree of woman more as oneself. Met sudden condition really, should it may not be a bad idea be to leisurely?

The police executes the law preferential, citizen impeach postposition, be in alarm the spot is subject to absolutely police!