Regulations on Supervision over Public Security Organs

Order of the State Council No. 603

August 31, 2011

The Regulations on Supervision over Public Security Organs, which were amended and adopted at the 169th executive meeting of the State Council on August 24, 2011, are hereby promulgated and shall come into effect on October 1, 2011.

Premier: Wen Jiabao

Regulations on Supervision over Public Security Organs

(Promulgated by Order of the State Council of the People's Republic of China No. 220 on June 20, 1997 and amended and adopted at the 169th executive meeting of the State Council on August 24, 2011)

Article 1 These Regulations are formulated in accordance with the People's Police Law of the People's Republic of China for the purposes of improving the supervision system of public security organs and safeguarding 'public security organs and the people's police thereof to perform their duties, execute their functions and exercise their powers and observe the disciplines.

Article 2 The supervision committee of the Ministry of Public Security shall play the leadership role in the national supervision work of public security organs, take charge of the supervision over the performance of duties, execution of functions and exercise of powers and observance of disciplines of units under the Ministry of Public Security and public security organs at a lower level and the people's police thereof, and be responsible to the minister of the Ministry of Public Security. The supervision institutions of the Ministry of Public Security shall undertake the functions of administrative body of the supervision committee of the Ministry of Police Security.
Any supervision institution in public security organs of all local people's governments at or above the county level shall be responsible for the supervision over the performance of duties, execution of functions and exercise of powers and observance of disciplines of units under public security organs at the same level as well as public security organs at a lower level and people's police thereof, and be responsible to a supervision institution of public security organs at a higher level and the chief officer of public security organs at the same level.
A supervision institution in public security organs of all local people's governments at or above the county level shall be a service institution for enforcement of law, composed of full-time staff and implementing an organizational system of the team.

Article 3 The Ministry of Public Security shall have an inspector-general, taken office by a deputy leader thereof.
A public security organ of all local people's governments at or above the county level shall have an inspector-general, concurrently held by the chief officer thereof.

Article 4 A supervision institution shall conduct site supervision over the following matters with respect to the legal performance of duties, execution of functions and exercise of powers and observance of disciplines by the public security organs and the people's police thereof:
1. organization and performance of arrangement, measures and activities of important police affairs;
2. order maintenance of significant social activities and organization and performance of public order control in key areas and places;
3. handling of public order emergencies;
4. the acceptance, accreditation, investigation, inspection, and punishment of criminal cases or public order cases and the implementation of mandatory measures;
5. enforcement of laws and regulations on administration of public security such as public order, traffic, administration concerning residents and residence, exit and entry administration, frontier defense, fire control and security guard;
6. circumstances of using weapons, police weapons and police vehicles and signs;
7. disposition of citizens' report to the police, request for help as well as suit and appeal;
8. civilized performance on duty and law enforcement and complying with provisions on police appearance and discipline;
9. organizational management and safeguarding of police affairs; and
10. other circumstances of the legal performance of duties, execution of functions and exercise of powers and observance of disciplines by the public security organs and the people's police thereof.

Article 5 A supervision institution may conduct supervision over the units under the public security organs at the same level and the inspectors appointed by an organ at a lower level and also may order a supervision institution at a lower level to conduct supervision over special matters.

Article 6 A supervision institution of public security organs of all local people's governments at or above the county level investigating and prosecuting illegal acts shall report the result thereof to a supervision institution at a higher level after; in case of a supervision institution at a lower level failing to do its best in the investigation and prosecution, a supervision institution at a higher level may directly conduct the supervision.

Article 7 A supervision institution may delegate inspectors to attend the meeting about police affairs and the deployment of significant police activities held by public security organs at the same or a lower level.

Article 8 A supervision institution shall carry out discussions on police affairs, listening to opinions against 'public security organs and the people's police thereof from state departments, public organizations, enterprises and institutions and the masses.

Article 9 While any violation being conducted by a public security organ and the people's police thereof is reported by the masses, a supervision institution shall promptly send out police force to deal with such violation on the spot in accordance with provisions and give feedback on the result to the complainant without delay.
Where the complaint of a complainant has arrived at the procedure of petition letter, administrative review or administrative action, a supervision institution shall hand over the complaint materials to relevant departments.

Article 10 Where the units under the public security organs at the same level and the public security organs at a lower level refuse to enforce laws and regulations or perform decisions and orders by a department at a higher level, a supervision institution may order them to do so; and the wrong decisions and orders made thereby may be cancelled or changed by the supervision institution and then shall be performed upon approval of the chief officer of the public security organs at the same level.

Article 11 Any inspector, upon discovery of any illegal act conducted by the people's police of public security organs during site supervision, may take the following measures to deal with promptly:
1. Correcting them on the spot in case of their violations of provisions on police appearance and discipline;
2. Detaining their weapons, police weapons and police vehicles and signs in case of their illegal use of the same; or
3. Those whose violations are with aggravated condition or result in abominable effects or that refuse or impede inspectors to carry out their site supervision, may be taken away from the spot if necessary.

Article 12 Where a supervision institution holds that suspension of functions or confinement is in need of for the violation of people's police of public security organs, such determination shall be made thereby and performed upon the approval of the inspector-general of public security organs at the same level.
The term of suspension of functions shall be no less than ten (10) days but not more than sixty (60) days and that of the confinement shall be no less than one (1) day but not more than seven (7) days.

Article 13 Where a supervision institution holds that people's police of public security organs need to be given administrative sanctions or lowering or cancellation of police ranks, such institution shall put forward suggestion and hand over such case to relevant departments to be dealt with lawfully.
Where the people's police of public security organs are suspected of committing a crime in supervision, a supervision institution shall hand over such case to a judicial department to be dealt with lawfully.

Article 14 Any and all people's police of public security organs that disagree with the decision of suspension of functions and confinement may file an appeal with a public security organ at a higher level than the organ that makes the decision during the suspension of functions or confinement period. The supervision institution of the Ministry of Public Security shall determine the suspension of functions and confinement while the authority that accepts the appeal shall be the Supervision Committee of the Ministry of Public Security.
A public security organ shall make a decision of whether cancel the suspension of functions or not within five (5) days from the acceptance of an appeal against such suspension and of whether cancel the confinement or not within 24 hours from the acceptance of an appeal against such confinement.
The suspension of functions or confinement shall be also effective during the appeal period.
Where the public security organ accepting the appeal holds that the determination of suspension of functions or confinement is actually incorrect, such organ shall revoke such determination and clear up the adverse effects and rehabilitate relevant parties within a proper scope.

Article 15 An inspector shall seek the truth from facts, perform duties in strict accordance with law and accept the supervision from others when conducting supervision.
Any supervision institution and the inspector thereof shall protect 'public security organs and the people's police thereof to perform their responsibilities and execute their functions and powers.

Article 16 An inspector shall meet the following requirements:
1. Adhering to principles, loyal to duties, honest, clean and fair, and strictly abiding by disciplines;
2. Having a junior college education at least and professional legal knowledge and public security knowledge;
3. Having the experience of working in the public security system for more than three (3) years and having certain organization and management ability; and
4. Getting the qualification upon special training.

Article 17 An inspector shall wear the supervision sign or produce supervision papers in supervision work.
The pattern of supervision sign and papers shall be made by the Ministry of Public Security.

Article 18 These Regulations shall come into effect as of October 1, 2011.