Regulations of Shanghai Municipality on Comprehensive Treatment of Public Security

· Document Number：Announcement No. 27 of the Standing Committee of the People's Congress of Shanghai Municipality

· Area of Law： Public Security

· Level of Authority： Provincial Local Regulations

· Date issued：11-11-2010

· Effective Date：03-01-2011

· Status： Effective

· Issuing Authority： Shanghai Municipality People's Congress (incl. Standing Committee)

Announcement of the Standing Committee of the People's Congress of Shanghai Municipality
(No. 27)
The Regulations of Shanghai Municipality on Comprehensive Treatment of Public Security, as adopted at the 31st Session of the Standing Committee of the Thirteenth People's Congress of Shanghai Municipality on November 11, 2010, is hereby issued and shall come into force on March 1, 2011.
Standing Committee of the People's Congress of Shanghai Municipality
November 11, 2010
Regulations of Shanghai Municipality on Comprehensive Treatment of Public Security
(Adopted at the 22nd Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on November 11, 2010)
Chapter 1 General Provisions
Article 1 With a view to strengthening the comprehensive treatment of public security, maintaining public order and social stability, and promoting the construction of the socialist society in harmony, these Regulations are formulated in accordance with the Decision of the Standing Committee of the National People's Congress on Strengthening the Comprehensive Treatment of Public Security and the provisions of relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
Article 2 These Regulations apply to the state organs, social organizations, enterprises and public institutions and citizens in this Municipality's administrative area launching or participating in the work of comprehensive treatment of public security.
Article 3 The comprehensive treatment of public security is a common task of the whole society. The people's governments at all levels shall mobilize and organize forces of all sides, use diverse kinds of political, legal, administrative, economic, cultural and educational means to strengthen social construction, innovate in social administration, launch activities of safe and sound creation, prevent and reduce violations and crimes, prevent and dissolve social contradiction and safeguard the harmony and stability of society.
Article 4 The comprehensive treatment of public security adheres to the policy of combining the punishment and the prevention of law-breaking and crime committing and combining the work of special agencies and the mass prevention and mass treatment, and to the principle of whoever is in charge is held responsible and of exercising the administration jurisdictional.
Article 5 The people's governments at all levels shall strengthen the leadership to the work of comprehensive treatment of public security, establish and prefect the work agencies thereof and bring the work expenses thereof in the fiscal budget at corresponding level.
The municipal and district/county people's governments shall bring the work of comprehensive treatment of public security in the development planning of national economy and society and the annual work plan in the corresponding administrative area.
The Committee of Comprehensive Treatment of Public Security (hereinafter referred to as the CTC) is responsible specifically for organizing and carrying out the comprehensive treatment of public security in the corresponding area and system.
Article 6 The comprehensive treatment of public security exercises the responsibility system of target administration.
The people's government at the higher level shall sign a target responsibility statement of comprehensive treatment of public security with its counterpart at the next lower level; the municipal and district/ county CTC shall sign such statement with their corresponding member units, and the system CTC shall sign such statement with the units under its jurisdiction.
The legal representatives or chief persons-in-charge of state organs, social organizations, enterprises and public institutions shall be persons liable for the comprehensive treatment of public security in the corresponding areas, systems or units.
Chapter II Organization and Duty
Article 7 The municipal and district/county CTCs shall discharge the following duties:
1. publicize and implement the policies, principles and relevant laws and regulations on the comprehensive treatment of public security;
2. prepare the draft planning for the comprehensive treatment of public security in the corresponding area;
3. formulate and organize the implementation of the work plan and program of comprehensive treatment of public security in the corresponding area;
4. organize, coordinate, direct and supervise the work of comprehensive treatment of public security in the corresponding area, and carry out the responsibility system of target administration;
5. sum up and spread the experience and practice of comprehensive treatment of public security, and commend the advanced units and individuals according to relevant provisions; and
6. deal with other matters of comprehensive treatment of public security.
Article 8 The town/township and sub-district CTCs shall discharge the following duties:
1. carry out the work arrangement of comprehensive treatment of public security made by the superior authorities, and prepare and implement the work plan and program of comprehensive treatment of public security in the corresponding area;
2. establish and follow up the working system of comprehensive treatment of public security in the corresponding area, strengthen the team construction for mass prevention and mass treatment in the corresponding area, and coordinate and guide all the units, residents (villagers) committees in the work of comprehensive treatment of public security;
3. organize and launch the investigation of outstanding contradictions and disputes, and of outstanding public security problems in the corresponding area, and coordinate relevant departments in mediating and settling such problems;
4. organize for carrying out the work of helping, educating, managing and serving such persons as those being corrected in community, former prisoners, released persons undergoing reeducation through labor, and drug addicts under control in community to give up their habit in the corresponding area;
5. assist in launching the publicity education and other work related to state security, anti-cultism, anti-terrorism and community security in the corresponding area;
6. coordinate relevant departments and social organizations in strengthening education and service for teenagers in the corresponding area, to prevent them from breaking law and committing crime;
7. assist the relevant departments in carrying out various measures of collecting and managing information on real population and housing; and
8. deal with other matters of comprehensive treatment of public security.
Article 9 The CTC established by this Municipality's systems of publicity, education and health, technology and science, construction and communications, finance, economy and informatization, and state assets shall, in compliance with the requirements of the municipal or district/county CTC, perfect the working system of comprehensive treatment of public security in their systems, do well in the work thereof, guide and urge the units under their jurisdiction to participate in the comprehensive treatment of public security in their local region.
Article 10 The municipal and district/county CTCs may, if necessary, establish the CTC for the special zone in the important area with complicated conditions of public security or with cross-administration division, for the purpose of organizing and coordinating the work of comprehensive treatment of public security therein.
The district/county that establishes the CTC for a special zone shall file it with the municipal CTC for the record.
Article 11 Every member unit of the CTC shall, in accordance with the work arrangement of the CTC, make a work plan and organize for the implementation thereof, establish and follow up the working systems in all aspects, perform according to law every duty of the comprehensive treatment of public security within their respective field of duty, carry out the administrative measures of internal security precaution and education and participate in the comprehensive treatment of public security in the local region.
Every member unit of the CTC shall cooperate with each other to form a joint force.
Article 12 The office of CTC is responsible for the daily work of the comprehensive treatment of public security.
Chapter III Work Tasks
Article 13 The people's court, the people's procuratorate, the public security organ, the state security organ, the judicial administration organ, and other organs that perform the duty of law enforcement shall, according to law, give their functional role into full play in the comprehensive treatment of public security, investigate and try criminal, public-security-related and other cases in a timely manner, punish illegal activities and crimes, and maintain public security.
Article 14 The CTC at every level shall strengthen the analysis and evaluation of the public security situation in the local region, establish a system for culling public security problems and outstanding contradictions and disputes that affect public security, organize and coordinate the culling operation, and urge the relevant region, units, and the persons liable therefore to mediate and settle the public security problems and outstanding contradictions and disputes that have been found.
The CTC at every level may mobilize the masses to participate in the culling operation of public security problems, contradictions and disputes by organizing the public to patrol, establishing a contingent of pubic security informer, setting up a tip-off website and telephone number for public security.
Article 15 The town/township and sub-district CTCs shall mobilize the units and residents in the local area to maintain the public order in local society under the guidance of the public security organ.
The residents (villagers) committee shall urge the carrying out of the safety precaution measures in the residential quarters of residents (villagers), and shall assist in launching the work of mass safety precaution.
The property management enterprise shall assist the public security organ in maintaining the public order in its service zone and shall perform the duty of maintaining public order according to the contract for property management service.
The general meeting of proprietors and the proprietors' committee shall cooperate with the public security organ and the residents committee in jointly maintaining the public order in the corresponding residential quarters.
Article 16 The proprietor, user, and property management enterprise of an office building shall be subject to guidance of the town/township/sub-district CTC and the public security organ in carrying out all measures of comprehensive treatment of public security in the building.
Article 17 The state organ, social organization, enterprise and public institution shall strengthen the internal public security precaution, establish and follow up the management system for public security, carry out safety responsibility and remove any hidden peril thereof.
Article 18 The people's government at every level shall bring the technical precaution system for public security in the urban and rural construction planning, disseminate the application of technical precaution facilities and equipment, and perfect the technical precaution network of public security.
The public security organ, the state security organ and the governmental department concerned shall strengthen cooperation, take their respective responsibility in carrying out the acceptance and maintenance standards of projects of technical precaution construction in strict accordance with the relevant state regulations, and jointly doing well the administration of technical precaution for public security.
Article 19 The public security organ, the housing administration, the town/township people's government and the sub-district office shall strengthen control over the real population and housing, and carry out and perfect the precaution measures of public security.
The residents (villagers) committee, the proprietors' committee and the property management enterprise shall assist in doing well the management of real population and housing.
Article 20 The public security organ, the state security organ and the departments of economy and informatization, culture, radio and television, and communication administration shall strengthen the surveillance of networks, establish and follow up the comprehensive prevention and control system of network security, and prevent and punish illegal practice and crime related to network.
The network access unit, service provider and business site of internet access services shall discharge the safety management responsibility according to law.
Article 21 The people's government at every level, when making a major policy concerning the social and economic development, shall conduct the analysis and evaluation of social stability risks, perfect the public hearing system, establish the consultation mechanism with participation from all parties concerned, and prevent and reduce social contradictions and disputes.
Article 22 The people's government at every level shall establish a public emergency system, perfect the early warning mechanism of public contingencies, make an emergency preplan, and deal with all kinds of public contingencies according to law and in a proper way, so as to maintain social stability.
Article 23 The member unit of the municipal and district/county CTCs shall regularly submit information on comprehensive treatment of public security to the CTC at the corresponding level; in respect of a major matter that is likely to affect public security and as for other matters that need to be solved through the coordination of the CTC, a timely report shall be submitted.
Article 24 The people's court and the people's procuratorate, when finding any hidden peril or problems of public security in handling cases, shall put forward judicial or procuratorial recommendations to the relevant departments or units. The latter shall mull and deal with them in an earnest way and shall feed back the results thereof.
Article 25 The work agency of letters and visits at every level, when finding any matter of letters and visits that is likely to affect public security, shall feed back promptly to the relevant department and unit, and urge them to jointly make proper treatment to effectively settle social contradictions and disputes.
Article 26 The CTC at every level shall coordinate with the relevant departments, and establish a work system of settling contradictions and disputes on the basis of the people's mediation and by comprehensive use of the people's mediation, administrative mediation, arbitral mediation and judicial mediation.
This Municipality encourages the establishment of the people's mediation organization of the nature of region and trade, encourages social organizations and citizens to participate in the people's mediation work, and encourages the parties concerned to settle all kinds of contradictions and disputes through mediation.
Article 27 The public security organ and the judicial administration shall strengthen the penalty enforcing work on persons put under surveillance, on probation or on parole, or serving sentence temporarily outside prison and on persons deprived of political rights and serving sentence in society, perfect the system, standardize management, strictly enforce law and guide the residents (villagers) committee and special social organizations in assisting to conduct relevant correctional work.
Article 28 The town/township and sub-district CTCs and their relevant member units shall organize the residents (villagers) committee, special social organizations and volunteers ranks to carry out the help with education, vocational training and employment guidance for former prisoners, released persons undergoing reeducation through labor, and drug addicts under control in community, so as to prevent and reduce recidivism.
Article 29 The people's government at every level shall make corresponding policies and target requirements to build a social ambience favorable to the healthy growth of teenagers and protect their legitimate rights and interests.
The CTC at every level shall organize and coordinate the relevant departments in strengthening help, education and service to teenagers, preventing juvenile delinquency.
The CTC at every level shall organize and coordinate the relevant departments in strengthening the work of comprehensive treatment of public security in schools and the surrounding area thereof, maintaining public order therein.
The educational department shall urge schools to carry out every item of safety measures, strengthen campus safety precaution and conduct education on legal system and safety precaution for students.
Article 30 The people's government at every level shall bring the publicity of laws and regulations concerning the comprehensive treatment of public security in the planning of legal system publicity education.
The departments of judicial administration, culture, radio and television, and press and publication, and the news media shall strengthen the legal system publicity education on the comprehensive treatment of public security.
The people's court, the people's procuratorate, the public security organ and the sate security organ shall, in combination with handling cases, conduct publicity on laws and regulations to the public.
Every unit and every social organization shall conduct legal system publicity education for their personnel to enhance their sense of rule of law.
Chapter IV Social Participation
Article 31 Every social organization, enterprise and public institution shall shoulder social responsibility and participate in the comprehensive treatment of public security in their local place.
The people's government at every level shall encourage and support the social organization, enterprise and public institution in participating in the comprehensive treatment of public security in various modes.
Article 32 The social organization established according to law that participates in the work of comprehensive treatment of public security such as drug prohibition, correction in community and social help with education shall establish and follow up the mechanism of engagement, management, check and incentive of specialized social workers.
The people's government at every level may, by purchasing service, entrust the relevant social organizations to carry out work.
This Municipality encourages the enterprise and public institution to use multiple modes to support the relevant social organizations in carrying out work.
Article 33 The security organizations of different kinds shall be subject to the guidance and administration of the public security organ, perfect the requirements of post duty, strengthen skill training, and assist in maintaining the public order.
The security guards shall observe professional ethics, be well up in business skills and discharge their post duty.
Article 34 Every citizen shall be encouraged to actively participate in the activity of comprehensive treatment of public security, strengthen safety precaution for him/herself and for his/her family, keep the family and neighborhood in harmony and jointly maintain the public order.
The CTC at every level shall strengthen guidance and service guarantee for volunteers of safe and sound construction. The latter shall fulfill their commitment to voluntary service, actively participating in the voluntary service activity of maintaining the public order.
Article 35 In respect of heroic deeds of checking illegal act or crime and assisting the relevant agency in punishing illegal activity or crime for the state interests, public interests or other person's personal and property safety, rewards and protection shall be given according to the relevant provisions of the Municipal People's Government.
Chapter V Check and Rewards and Punishments
Article 36 The CTC at every level shall check, supervise and examine the implementation of target responsibility system of comprehensive treatment of public security, put the results of check and examination in the files of real performance of the comprehensive treatment and submit them to the people's government or the competent department of the government at corresponding level for affirmation.
Article 37 The municipal and district/ county CTCs shall commend and reward the unit and individual that have made outstanding contributions to the comprehensive treatment of public security and the safe and sound construction work.
Article 38 In respect of any area or unit that fails to discharge or incorrectly discharges the duty of comprehensive treatment of public security and where there exists major hidden peril of pubic order, the local CTC or the system CTC shall issue a notice of rectification within a prescribed time limit, ordering rectification within the prescribed time limit.
If the area or unit that received the notice of rectification within a prescribed time limit fails to make rectification within the prescribed time limit, the local CTC or the system CTC shall give criticism in circular notices.
Article 39 Where a person in direct charge or other persons directly liable in an area or unit fail to perform or incorrectly perform the duty of comprehensive treatment of public security causing chaos to the public order or grave consequences, the local CTC or the system CTC shall make recommendation to the administrative supervision organ or the relevant competent department for giving disciplinary sanctions or administrative punishments according to law; if a crime is constituted, the party concerned shall be investigated for criminal liability according to law.
Chapter VI Supplementary Provision
Article 40 These Regulations shall be effective as of March 1, 2011. The Decision of the Standing Committee of Shanghai Municipal People's Congress on Strengthening Comprehensive Treatment of Public Security reviewed and adopted at the 28th Session of the Standing Committee of the 9th Shanghai Municipal People's Congress on August 16, 1991, and the Regulations of Shanghai Municipality on Precaution Responsibility of Public Security adopted at the 33rd Session of the Standing Committee of the 9th Shanghai Municipal People's Congress on April 11, 1992 shall be repealed at the same time.