Interpretation and Practical Guide to the Law on Punishments for Public Security Administration

Author: Ke Liangdong
Publisher:
Publish Date: 2006-03-01
Features: The "Criminal Administration Punishment Law of the People's Republic of China" (hereinafter referred to as the "Criminal Administration Punishment Law") is not only an important legal instrument for public security organs to maintain social order, ensure public safety, and protect the legitimate rights and interests of citizens, but also a key legal framework for standardizing the actions of public security organs and officers in fulfilling their responsibilities for criminal administration according to law. It is also an essential legal norm for citizens to regulate their own behavior and protect their legitimate rights and interests. The promulgation and implementation of the "Criminal Administration Punishment Law" play a very important role in maintaining social order, ensuring public safety, resolving social conflicts, safeguarding social stability, and promoting social harmony. We believe that to ensure the comprehensive and correct implementation of the "Criminal Administration Punishment Law," public security organs at all levels should promptly carry out the following work:
First, it is essential to enhance awareness and strengthen organizational leadership. Public security organs at all levels should fully recognize the significance of the promulgation and implementation of the "Criminal Administration Punishment Law" from the perspective of practicing the important thought of "Three Represents" and building a socialist harmonious society. In line with the requirements of the "Implementation Opinions of the Public Security Organs on the Implementation of the Decision of the CPC Central Committee on Strengthening the Party's" (No. 1 of [2005] Public Security), they should attach great importance to this matter, organize and deploy it meticulously, and treat the study, publicity, and implementation as important measures to firmly establish the concept of enforcing the law for the people and enhancing the capacity-building of public security organs. Based on this opinion, specific implementation plans for study, publicity, and implementation should be formulated, and efforts should be made to focus on, manage, and achieve results, ensuring that leaders at all levels of public security organs and officers firmly establish a legal awareness, further enhance their legal consciousness, and genuinely improve their law enforcement capabilities and standards.
Second, it is necessary to organize training promptly to accurately grasp the essence of the law. The "Criminal Administration Punishment Law" meets the needs of China's rule of law and the new security situation, proposing new and higher requirements for public security organs to handle criminal cases according to law. Public security organs at all levels should, in accordance with the requirements of the "Regulations on Legal Study and Training for Leaders of Public Security Organs," conscientiously organize leaders of public security organs to lead the study of the "Criminal Administration Punishment Law." Various forms such as training sessions, distance education, knowledge competitions, and video conference meetings should be adopted to train leaders of public security organs and officers, especially those in public security stations and other frontline law enforcement positions. The training tasks should be completed by the end of February 2006, enabling officers to quickly familiarize themselves with, correctly understand, and fully master the spirit and key content of the "Criminal Administration Punishment Law."
Third, extensive publicity should be carried out to enhance citizens' awareness of the law. Public security organs in various regions should rely closely on the local Party committees and governments to formulate publicity plans, coordinate with departments such as comprehensive governance, judicial administration, townships, and streets, and grassroots organizations to widely publicize the "Criminal Administration Punishment Law" to government agencies, organizations, enterprises, institutions, and the general public, striving to include the "Criminal Administration Punishment Law" in the national legal popularization education plan. Fully utilize various media such as television, radio, newspapers, magazines, and the internet, and adopt forms such as officers explaining the law, holding forums, legal consultations, distributing publicity pamphlets, and posting publicity posters in organized and step-by-step ways that are popular with the public. This will not only ensure that officers are aware of the law and strictly enforce it according to law but also enable the general public and society at large to understand the main content of the "Criminal Administration Punishment Law," enhance their legal and compliance awareness, regulate their own behavior, protect their legitimate rights and interests, and support, cooperate with, and supervise the law enforcement activities of public security organs and their officers.
Fourth, strictly enforce the law, strengthen law enforcement supervision, and maintain social order. While the "Criminal Administration Punishment Law" safeguards public security organs and officers in fulfilling their responsibilities for criminal administration according to law, it also regulates their law enforcement actions. The "Criminal Administration Punishment Law" has added and revised the types of violations of criminal administration, granted public security organs the necessary powers such as seizure and inspection to fulfill their responsibilities, clarified the discretion in criminal administration penalties, and made more stringent and specific provisions for the procedures of criminal administration penalties. For all types of criminal cases, public security organs in various regions and officers must promptly investigate and obtain evidence and strictly handle them according to the applicable objects and procedures stipulated in the "Criminal Administration Punishment Law," strictly controlling the facts, evidence, and procedures to legally maintain social order and genuinely protect the legitimate rights and interests of citizens, legal persons, and other organizations. At the same time, it is necessary to genuinely enhance law enforcement supervision in handling criminal cases. Serious violations such as favoritism, abuse of power, and non-compliance with law enforcement must be strictly investigated and handled according to law.