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The Ministry of Public Security issued announcement a few days ago, " public security mechanism safeguards a policeman to execute the law authoritative job sets " (draft) seek an opinion publicly.
According to draft, the policeman fulfils powers and authorities of office of duty, exercise according to statutory requirement and program, other perhaps to citizen, legal person organization is legal rights and interests is caused damage, policeman individual does not assume legal responsibility.
1
Public security mechanism should safeguard a policeman actively to execute the law authoritative
Make clear in draft, the policeman is performing procedure of powers and authorities of office of duty, exercise lawfully in because fulfil powers and authorities of office of duty, exercise lawfully,perhaps encounter undermentioned situation, public security mechanism ought to safeguard a policeman actively to execute the law authoritative.
This includes among them:
Be assaulted by force;
Be hit by car, grind make friends, procrastinate drag, of cut loiter;
Be gathered a crowd to fool be troubled by, surround an intercept, concussion, obstructive;
Get sequestered, worry, drag, push those who wait for enroach on;
Oneself reach its close relative is browbeaten, threaten, affront, calumniatory, annoy;
Oneself reach its close relative is retaliated by circumvent of bring a false charge against sb, blow;
Be complained by ill will, of hype;
Oneself reach its privacy of close relative individual is encroached;
Be found out what responsibility perhaps is handled by inequity by the mistake;
Execute the law the other state that authority is encroached.
2
Encroach a policeman to execute the law authoritative or be chased after punishment duty
Encroach a policeman to execute the law what kind of punishment will authority face?
To this, draft is made clear the 9th times, behavior person is carried out encroach a policeman to execute the law authoritative behavior, make crime, investigate criminal duty lawfully; Still do not make crime, form those who disobey action of public security government, give public security management punishment lawfully.
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Because the policeman suffers person for the person's behavior all right or belongings losing, public security mechanism ought to support a policeman through mentioning criminal is accessary and civil suit is civil perhaps the legal approach such as lawsuit, safeguard oneself to close right increase.
3
Public security mechanism must not suffer the effect such as public opinion hype
Undeserved investigate policeman duty
Draft that announce still put forward, the policeman fulfils powers and authorities of office of duty, exercise according to statutory requirement and program, other perhaps to citizen, legal person organization is legal rights and interests is caused 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.
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Public security body ought to be depended on strictly lawfully compasses begin execute the law fault responsibility investigates the work. Because classics of legal particulars of a matter, blame is legal,be not program, must not adopt to the policeman stop to implement the measure such as post, confinement, must not make depose, demote, repulsive etc handle or punish.
Public security mechanism must not suffer public opinion hype, letter to visit complain wait for factitious element to affect, undeserved perhaps covert investigate policeman duty, the accentuation processing to the policeman.
In addition, public security mechanism ought to the basis is behavior fact, clue, sequential, integrated consideration advocate objective element, evaluate policeman conduct character objectively, divisional execute the law fault, flaw, accident, depend on lawfully compasses make responsibility maintain.
4
The policeman threatens minatory
Public security mechanism should take safeguard in time
The policeman is in execute the law get in the process enroach on or threaten, should how does thought for the time being?
To this, draft regulation, because the policeman fulfils powers and authorities of office of duty, exercise lawfully, oneself or its are close relative experience threatens minatory, affray is annoyed, follow at sb' heels dogs, or person, belongings gets of enroach on, mechanism of policeman place public security and jurisdictional public security mechanism ought to take safeguard in time, investigate the legal duty of behavior person lawfully.
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In addition, because fulfill powers and authorities of office of duty, exercise to get lawfully,the policeman thinks of enroach on, policeman and its are near belong to or policeman place unit can belong to public security mechanism to place alarm Wu superintend branch puts forward to safeguard execute the law authoritative application, ought to put forward through written form usually, below emergency OK and oral put forward.
Alarm Wu superintend branch discovers in the job the policeman executes the law the case that authority is encroached, clew, ought to start relevant work program actively.
5
Public security mechanism should be built safeguard a policeman
Execute the law authoritative solatium system
Draft that announce is particularly clear still, because the policeman fulfills behavior of powers and authorities of office of duty, exercise to be complained falsely, calumniatory, affront, ill will acclaims bring a false charge against sb, and investigation be checkupped by the mistake, after investigating duty, relevant section gives correct, alarm Wu superintend branch ought to adopt open form to extend when thing policeman thought fors the time being renown book, in the clear the air inside certain limits, remove an effect.
The policeman perhaps is dismissed by disciplinary action of department of inside Shanghaiguan of public security machine, public security mechanism ought to decide related seasonable cancel and regain level of identity of policeman government service and former duties, duty.
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In addition, draft puts forward, public security mechanism ought to be built safeguard a policeman to execute the law authoritative solatium system, the standard is examined and approve and management is used. Policeman place belongs to public security mechanism to reach its branch of politics work occurrences in human life, alarm chief of Wu superintend branch ought to appear personally placatory because fulfil powers and authorities of office of duty, exercise lawfully,get the policeman of enroach on.
