REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE POLICE RANKS OF THE PEOPLE'S POLICE

Transcription

1 REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE POLICE RANKS OF THE PEOPLE'S POLICE (Adopted at the 26th Meeting of the Standing Committee of the Seventh National People's Congress on July 1, 1992 and promulgated by Order No.59 of the President of the People's Republic of China on July 1, 1992) Contents Chapter I General Provisions Chapter II Classification of the Police Ranks Chapter III Initial Conferment of the Police Ranks Chapter IV Promotion of the Police Ranks Chapter V Retention, Demotion and Deprivation of the Police Ranks Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Constitution, with a view to strengthening the revolutionization, modernization and standardization of the contingent of the people's police, enhancing their sense of responsibility, sense of honour and sense of discipline and facilitating their command and management as well as the performance of their duty. Article 2 A system of police ranks shall be practised for the people's police. The police ranks of the Chinese People's Armed Police Force shall be governed by the provisions of Article 32 of the Regulations on the Military Ranks of Officers of the Chinese People's Liberation Army. Article 3 The police ranks are titles and insignias that mark off the different ranks and status of the people's police and represent the honour the State bestows on them. Article 4 The police ranks of the people's police shall follow a scheme of police ranks graded in correspondence with post levels. Article 5 The people's police with higher police ranks shall be the superiors of those with lower ranks. Where a policeman(woman) with a higher rank is subordinate, in respect of post, to a policeman(woman) with a lower rank, the latter shall be the superior. Article 6 The Ministry of Public Security shall be in charge of the work concerning the police ranks.

2 Chapter II Classification of the Police Ranks Article 7 The police ranks of the people's police are classified into the following five ranks with thirteen classes: (1) Commissioner-General, Deputy Commissioner-General; (2) Commissioner: First Class, Second Class, Third Class; (3) Supervisor: First Class, Second Class, Third Class; (4) Superintendent: First Class, Second Class, Third Class; (5) Constable: First Class, Second Class. The police ranks of the people's police holding specialized and technical posts shall be preceded by "specialized and technical." Article 8 The police ranks corresponding to the different levels of administrative posts held by the people's police shall follow the below scheme: (1) Post at the level of minister: Commissioner-General; (2) Post at the level of vice-minister: Deputy Commissioner-General; (3) Post at the level of director of department: Commissioner First Class or Commissioner Second Class; (4) Post at the level of deputy director of department: Commissioner Second Class or Commissioner Third Class; (5) Post at the level of director of division: from Commissioner Third Class down to Supervisor Second Class; (6) Post at the level of deputy director of division: from Supervisor First Class down to Supervisor Third Class; (7) Post at the level of chief of section: from Supervisor First Class down to Superintendent First Class; (8) Post at the level of deputy chief of section: from Supervisor Second Class down to Superintendent Second Class; (9) Post at the level of section staff (Sergeant): from Supervisor Third Class down to Superintendent Third Class; (10) Post at the level of office clerk (Constable): from Superintendent First Class down to Constable Second Class. Article 9 The police ranks corresponding to the different levels of specialized and technical posts held by the people's police shall follow the below scheme: (1) Senior specialized and technical posts: from Commissioner First Class down to Supervisor Second Class;

3 (2) Intermediate specialized and technical posts: from Supervisor First Class down to Superintendent Second Class; (3) Junior specialized and technical posts: from Supervisor Third Class down to Constable First Class. Chapter III Initial Conferment of the Police Ranks Article 10 The police ranks shall be conferred on the people's police according to the scheme of ranks graded in correspondence with post levels. Article 11 The conferment of a police rank shall go by the conferee's present post, political integrity, ability, period of holding the present post as well as seniority. Article 12 The people's police recruited from school graduates, or from the society through examinations, or transferred from other departments shall be conferred on the police ranks that correspond to their respective posts assigned to. Article 13 The initial conferment of the police ranks on the people's police shall be approved according to the limits of authority prescribed as follows: (1) Ranks of Commissioner-General, Deputy Commissioner-General, Commissioner First Class and Commissioner Second Class shall be subject to the approval of and be conferred by the Premier of the State Council; (2) Ranks of Commissioner Third Class and Supervisors shall be subject to the approval of and be conferred by the Minister of Public Security; (3) Ranks of Superintendents shall be subject to the approval of and be conferred by the directors of the public security departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government. (4) Ranks of Constables shall be subject to the approval of and be conferred by the directors of the political departments of the public security departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government. The ranks of Superintendents and Constables in the offices of the Public Security Ministry as well as organs under its direct jurisdiction shall be subject to the approval of and be conferred by the Director of the Political Department of the Public Security Ministry. Chapter IV Promotion of the Police Ranks Article 14 The people's police with ranks of no higher than Supervisor Second Class shall be promoted within the range of the police ranks corresponding to their post levels and according to the intervals and qualifications prescribed in this Article. Intervals for promotion in ranks : each promotion to the next higher class requires an interval of three years for those holding ranks from Constable Second Class to Superintendent First Class; each promotion to the next higher class requires an interval of four years for those holding ranks from Superintendent First Class to Supervisor First Class. The periods during which the people's police receive in-service training in schools or academies shall be included in the intervals for the promotion in their ranks.

4 Qualifications for promotion in ranks: (1) implementation of laws, regulations and policies of the State, and observance of laws and discipline; (2) competence for the post; (3) maintenance of close ties with the masses, honesty in performing official duties, and decency and uprightness. At the end of an interval for promotion, those who are qualified for promotion after appraisal shall be promoted to the next higher class; those who are not qualified for promotion shall receive a deferred promotion. Those who have rendered outstanding services may be promoted ahead of time. Article 15 Selective promotion in the police ranks for the people's police with ranks of Supervisor First Class or above shall be conducted within the range of the police ranks corresponding to their post levels and in the light of their political integrity and ability, as well as their actual performance. Article 16 Where, because of promotion in post, the police rank of a people's policeman(woman) is lower than the minimum rank prescribed in the scheme for his or her new post, he or she shall be promoted to that minimum rank correspondingly. Article 17 Superintendents may be promoted to Supervisors, and Supervisors to Commissioners only when they have received appropriate training in relevant people's police schools or academies and proved qualified thereafter. Article 18 The limits of authority for approving promotions in the police ranks of the people's police shall be governed by the provisions regarding the limits of authority for approving conferment prescribed in Article 13 herein. Where Superintendents and Constables are promoted ahead of time, the promotion shall be subject to the approval of the Director of the Political Department of the Public Security Ministry. Chapter V Retention, Demotion and Deprivation of the Police Ranks Article 19 The people's police who have retired, as or not as veteran cadres, may retain their police ranks, but shall not wear the insignias thereof. The people's police who are transferred out of their post as police, or resign from or quit their office shall not retain their police ranks. Article 20 When a people's policeman(woman) is demoted to a lower post for his or her incompetence at the current post, and, if his or her police rank is higher than the maximum rank as prescribed in the scheme for his or her new post, his or her rank shall be adjusted to that maximum rank correspondingly. The limits of authority for approving such rank adjustment shall be the same as those for approving the original rank. Article 21 The people's police who violate the police discipline may be punished with a demotion in the police ranks. The limits of authority for approving such demotion in ranks shall be the same as those for approving the original rank. Once a people's policeman(woman) is punished with a demotion in rank, the interval for his or her promotion in the police ranks shall be computed anew on the basis of the police rank he or she holds after demotion. Demotion in the police ranks of the people's police shall not be applied to Constables Second Class.

5 Article 22 The people's police who are expelled from public service shall be deprived of their police ranks accordingly. The people's police who commit crimes and are sentenced to deprivation of political rights or to fixed-term imprisonment or more serious criminal punishments shall be deprived of their police ranks accordingly. The provisions in the preceding paragraph shall apply to the retired people's police who commit crimes. Chapter VI Supplementary Provisions Article 23 These Regulations shall apply to the police ranks of the people's police who work in the State security departments and the reform-through-labour and rehabilitation-throughlabour institutions, as well as to the judicial police in the people's courts and the people's procuratorates. The limits of authority for approving conferment of and promotion in the police ranks of the people's police in the State security departments and the reform-through-labour and rehabilitation-through-labour institutions shall be prescribed by the State Council. The limits of authority for approving the conferment of and promotion in the police ranks of the judicial police shall be prescribed by the Supreme People's Court and the Supreme People's Procuratorate with reference to these Regulations. The police rank system shall not be practised for the personnel who do not hold police posts in the public security departments, the State security departments, and the reform-throughlabour and rehabilitation-through-labour institutions. Article 24 The patterns of the insignias for the police ranks and the way of wearing them shall be drawn up by the State Council. Article 25 The measures for the implementation of these Regulations shall be formulated by the State Council. Article 26 These Regulations shall go into effect as of the date of promulgation.