The "Regulations" implement the whole chain management of police auxiliary personnel from hiring, using to quitting, and improve the procedures and requirements for police auxiliary personnel to perform their duties, which is not only conducive to standardizing the management of auxiliary police, but also will increase their sense of professional honor and eliminate or alleviate worries.
Due to the lack of legal basis, there have been disputes about whether police assistants can assist in law enforcement, what law enforcement activities they can assist, and who will bear the consequences of performing their duties. In the form of a negative list, the "Regulations" lists nine types of jobs that police auxiliary personnel are not allowed to do, and sets up a restricted area for police auxiliary personnel to perform their duties; According to different job requirements, the work that service police assistants and civilian police assistants can do is stipulated respectively; According to the auxiliary personnel serving the police, the nature of different behaviors is distinguished, and nine types of work that must be carried out under the leadership of the people's police are further clarified. Through this series of regulations, the behavior boundary of police auxiliary personnel is clarified, which provides legal support for police auxiliary personnel to perform their duties according to law.
We should not only maintain a reasonable number, but also improve the quality of personnel. The "Regulations" stipulate that all localities should scientifically allocate and strictly control the size of police auxiliary personnel according to the economic and social development, the social security situation and the tasks undertaken by public security organs, and in accordance with the principles of total control, tilting the grassroots, dynamic adjustment and classified use, so as to realize the orderly development of police auxiliary personnel. At the same time, it puts forward higher requirements for the conditions of applying for police assistants, requiring public security organs to strengthen the ideological and political, legal knowledge and professional skills training of police assistants. Shi Wen, a civilian auxiliary police officer of Nanjing Public Security Bureau, said that the "Regulations" clearly put forward "post-divided and graded management" and clearly put forward the assessment of auxiliary police officers, which broke the original "egalitarianism" thinking, made them clear about their career development direction, and could also work harder to improve their business volume, such as actively applying for on-the-job qualifications and foreign language certificates.
Legal basis:
Regulations of Jiangsu Province on the Administration of Police Auxiliary Personnel of Public Security Organs
Chapter I General Provisions
Article 1 In order to standardize the management of police auxiliary personnel in public security organs, ensure that police auxiliary personnel perform their duties according to law, safeguard their legitimate rights and interests, and give full play to the role of police auxiliary personnel in assisting the people's police in maintaining social order, stopping and punishing illegal and criminal activities and serving the people, these Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this province.
Article 2 These Regulations shall apply to the recruitment, use, supervision and guarantee of police auxiliary personnel of public security organs within the administrative area of this province.
The police auxiliary personnel of public security organs mentioned in these Regulations (hereinafter referred to as police auxiliary personnel) refer to non-people police personnel who are openly recruited to the public and provide auxiliary support for police activities of public security organs according to the social security situation and the actual needs of public security work, and are divided into service police auxiliary personnel and police auxiliary personnel.
Social forces such as public security joint defense, public security volunteers, village protection teams and school protection teams, as well as personnel engaged in logistics services such as security, cleaning and catering in public security organs, do not belong to police auxiliary personnel.
Article 3 The management of police auxiliary personnel shall follow the principles of standardization according to law, clear rights and responsibilities, strict supervision and reasonable guarantee.
Article 4 Local people's governments at or above the county level shall strengthen their leadership over the management of auxiliary police personnel within their respective administrative areas, establish a work coordination mechanism, implement safeguard measures, and study and solve major problems in the management of auxiliary police personnel.
Article 5 The public security organs of local people's governments at or above the county level shall be responsible for the administration of the use of police auxiliary personnel within their respective administrative areas.
Institutions, civil affairs, finance, human resources and social security, health, retired military affairs and other departments shall, in accordance with their respective responsibilities, do a good job in the management of police auxiliary personnel.
Article 6 The acts of police assistants assisting the people's police in performing their duties according to law are protected by law, and citizens, legal persons or other organizations shall support and cooperate with them.
The consequences caused by the performance of duties by police auxiliary personnel shall be borne by the public security organs that use police auxiliary personnel.
Seventh police auxiliary personnel who have outstanding performance, outstanding achievements and contributions or other outstanding deeds shall be commended and rewarded in accordance with the relevant provisions of the state and the province.
Chapter II Duties, Rights and Obligations
Article 8 Auxiliary police officers shall, under the command or leadership of the people's police, assist in carrying out relevant work in accordance with these regulations and the relevant provisions of the state.
Article 9 Under the leadership of the people's police, auxiliary police officers may assist in the following work:
(a) rental housing security management, special industries, drug control, entry and exit and other related management and service activities;
(two) the implementation of traffic control and traffic safety inspection, to stop and correct traffic safety violations;
(3) To investigate and take care of persons suspected of committing crimes;
(4) Accepting and reporting administrative cases, registering cases, accepting evidence, collecting case information, mediating and serving documents;
(five) to take temporary protective restraint measures for drunken people who are out of control and mental patients who commit violent acts;
(six) the supervision of public security management services;
(7) Maintaining the order of large-scale public activities;
(eight) to participate in the handling of emergencies;
(nine) other work that can be carried out in accordance with the relevant provisions of the state.
Article 10 Under the command or leadership of the people's police, the auxiliary police may assist in the following work:
(1) Accepting and handling people's requests for help and resolving contradictions and disputes according to law;
(two) publicity and education on public security, traffic safety, drug control and fire control;
(three) to divert traffic, prompt and discourage traffic safety violations, collect traffic violation information, and guide the parties to the accident to negotiate and deal with minor traffic accidents;
(four) to maintain the order and safety of the case (incident), protect the case (incident) and rescue the injured and trapped people;
(5) Information collection and registration services for floating population;
(six) to stop the ongoing illegal and criminal activities;
(seven) patrol, duty, safety inspection;
(eight) other work can be carried out in accordance with the relevant provisions of the state.
Article 11 The public security organ shall equip the auxiliary police with necessary duty and safety protection equipment. Auxiliary police officers can drive police cars, boats and other means of transportation when performing their duties.
Auxiliary police are not allowed to use weapons and police equipment. In an emergency that endangers public security, social order and citizens' personal and property safety, the auxiliary police can assist in the use of binding police equipment under the command and guidance of the people's police.
Article 12 The police auxiliary police may, under the command or leadership of the people's police, assist in completing the following tasks:
(a) window service, wiring (letter) inquiry and other administrative services;
(two) psychological counseling, medical care, translation, computer network maintenance, data analysis, communication security, video surveillance and other technical support work;
(3) Keeping and maintaining police equipment other than weapons and police equipment;
(four) other work that can be carried out in accordance with the relevant provisions of the state.
Engaged in the work specified in the preceding paragraph, need to have the corresponding qualifications according to law, and shall obtain the corresponding professional qualifications.
Thirteenth auxiliary police shall not engage in the following work:
(1) Handling matters involving state secrets;
(2) technical reconnaissance;
(3) issue an evaluation report;
(four) to identify the responsibility for traffic accidents;
(five) the implementation of criminal compulsory measures;
(six) to make decisions on administrative licensing, administrative coercion and administrative punishment;
(7) Examining cases;
(8) Keeping weapons and police equipment;
(nine) other work prohibited by laws, regulations and relevant provisions of the state.
Article 14 Auxiliary police officers shall enjoy the following rights:
(a) to obtain the necessary working conditions and safety protection to perform their duties;
(2) Obtaining remuneration for labor, enjoying welfare and participating in social insurance;
(three) to participate in business skills training;
(four) to put forward opinions and suggestions on the work of public security organs;
(5) Dissolving labor relations according to law;
(six) other rights stipulated by laws and regulations and agreed in the contract.
Fifteenth police auxiliary personnel should abide by the law, obey the management of public security organs and the command of the people's police, be loyal to their duties, and perform their duties in a civilized manner, and shall not commit any of the following acts:
(1) Spreading remarks that undermine the authority of the Constitution and the reputation of the Party and the State, and organizing or participating in activities such as assembly, procession and demonstration aimed at opposing the Constitution and the leadership of the Party and the State;
(2) divulging state secrets, work secrets or business secrets, citizens' personal privacy, and information they know in performing their duties;
(3) Organizing or participating in an illegal organization;
(4) Participating in or supporting pornography, drug abuse, gambling, superstition and other activities;
(five) in violation of relevant regulations to participate in prohibited network communication behavior or network activities;
(6) Taking advantage of his work to seek personal gain for himself or others;
(seven) to engage in or participate in profit-making activities related to the performance of duties;
(8) Failure to perform or improper performance of duties;
(nine) arrogant attitude towards the masses, rude behavior, deliberately making things difficult or taking cards to eat;
(ten) other violations of law and discipline.
Chapter III Recruitment
Article 16 The local people's governments at or above the county level shall, according to the local economic and social development, the social security situation and the tasks undertaken by the public security organs, scientifically allocate and strictly control the size of police auxiliary personnel in accordance with the principles of total control, tilt to the grassroots, dynamic adjustment and classified use.
The public security organ of the provincial people's government shall, jointly with the departments of organization, finance, human resources and social security, conduct scientific research, calculation and analysis on the total demand of police auxiliary personnel, and formulate reasonable and feasible measures for the management of employment quota.
Public security organs should strengthen information and intelligence construction, optimize jobs and processes, improve law enforcement ability and efficiency, and rationally use police auxiliary personnel.
Article 17 The recruitment of police auxiliary personnel shall be organized and implemented by the public security organ in conjunction with the human resources and social security departments, or implemented by the public security organ alone within the scope of the recruitment quota. The specific measures shall be formulated by the public security organ of the provincial people's government in conjunction with the departments of organization, finance, human resources and social security.
Eighteenth recruitment of police auxiliary personnel should follow the principles of openness, equality, competition and merit, unify recruitment standards and procedures, clarify recruitment positions, and strictly select and appoint.
Article 19 When recruiting police assistants, they should go through procedures such as registration, examination, physical examination, inspection and publicity, and be selected on the basis of merit.
When recruiting auxiliary police with professional qualifications or skills, the recruitment procedures may be appropriately adjusted or other evaluation methods may be adopted.
Article 20 A candidate for a police assistant shall meet the following conditions:
(a) support the constitution, support the leadership of the China * * * production party and the socialist system;
(2) Citizens aged 18;
(3) Having a high school education or above;
(4) Having good political quality and moral conduct;
(5) Having the physical condition, psychological quality and working ability that meet the post requirements;
(six) other conditions stipulated by the state and the province.
If the recruitment position has special requirements for professional skills and education level, the applicants should meet the relevant requirements.
Twenty-first any of the following circumstances, shall not be employed as a police assistant:
(a) has been investigated for criminal responsibility or suspected crime has not been closed;
(2) Being dismissed, dismissed or rescinded due to violation of laws and regulations;
(3) Being listed as the object of joint punishment for dishonesty according to law;
(four) other circumstances stipulated by the state and the province that are not suitable for police assistance.
Article 22 Under the same conditions, priority shall be given to the spouses, children, retired soldiers and courageous people of martyrs and people's policemen who died in the line of duty.
Article 23 The employment of police auxiliary personnel shall establish labor relations according to the recruitment positions.
Article 24 The public security organ shall take an oath with reference to the people's police before the newly hired police auxiliary personnel take up their posts.
Chapter IV Management and Supervision
Twenty-fifth police auxiliary personnel shall be managed by classification, post and level. The public security organ shall refer to the relevant management regulations of the people's police and combine the characteristics of police auxiliary personnel to establish and improve the management and supervision system.
Article 26 The public security organs shall, according to their duties and nature of work, implement post management for service posts such as patrol prevention and control, community management, traffic co-management, dispute mediation, and civilian posts such as police reception, document co-management, information entry, and technical support, and clarify specific work norms and requirements.
The public security organ shall, according to the working years and assessment results of the police auxiliary personnel, implement hierarchical management of the police auxiliary personnel, and there is no relationship between leadership, command and subordination. The rank of police auxiliary personnel is linked to the salary.
The specific measures for the post and hierarchical management of police auxiliary personnel shall be formulated by the public security organs of the provincial people's government.
Article 27 The public security organ shall establish a training system for police auxiliary personnel, provide pre-job training for newly hired police auxiliary personnel on their basic ability to perform their duties, and provide training for on-the-job police auxiliary personnel on ideological and political, legal knowledge, professional skills, safety protection and psychological quality, so as to improve their professional quality and professional level.
Twenty-eighth public security organs should assess the ideological and political quality, professional ability, work style, work performance, law-abiding and other conditions of police auxiliary personnel.
The assessment results serve as the main basis for the promotion and demotion of police auxiliary personnel, rewards and punishments, and continuing to retain or not to retain them.
Article 29 The public security organ shall, in accordance with the relevant provisions, issue uniform work permits, clothes and signs to police auxiliary personnel.
When performing their duties, police auxiliary personnel shall wear police auxiliary clothing and signs in accordance with the regulations, and show their work certificates and identify themselves when necessary; If you need casual clothes, you should bring your work certificate. During non-performing duties, you shall not wear the clothes and signs of police assistants. When the police auxiliary personnel leave their posts, they shall return their work permits, clothing, signs and equipment to the public security organs.
No organization or individual may illegally manufacture, sell, buy, hold and use the work permit, clothing and signs of police assistants.
Article 30. Under the leadership of the people's police, police auxiliary personnel shall help carry out auxiliary work related to law enforcement, publicize law enforcement in accordance with relevant state regulations and record the whole process.
Article 31 In the course of performing their duties, police auxiliary personnel shall withdraw under any of the following circumstances, and the parties concerned or their legal representatives have the right to apply for withdrawal:
(1) Being a party to the case (matter) or a close relative of the party;
(2) He or his close relatives have an interest in the case (matter);
(three) there are other relations with the parties to the case (matter), which may affect the fair handling.
The withdrawal specified in the preceding paragraph shall be decided by the relevant person in charge of the public security organ who uses police auxiliary personnel.
Article 32 Police auxiliary personnel shall accept social supervision when performing their duties.
Any unit or individual has the right to report and accuse the police auxiliary personnel of illegal and disciplinary acts. The organ that accepts reports and complaints shall promptly investigate and deal with them, and inform the informants and complainants of the investigation results in accordance with relevant regulations.
Thirty-third public security organs should establish a system of supervision and accountability, and supervise the performance of duties and law-abiding by police auxiliary personnel.
The public security organ shall, according to the nature and seriousness of the violations of law and discipline by police auxiliary personnel, give corresponding treatment.
Thirty-fourth police auxiliary personnel in any of the following circumstances, the public security organ may terminate the labor relationship according to law:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(2) Failing to be competent for the job, and still unable to be competent for the job after training or post adjustment;
(three) a serious violation of the rules and regulations of the unit;
(four) serious dereliction of duty caused great damage or adverse effects;
(5) Being investigated for criminal responsibility according to law;
(six) other circumstances stipulated by laws and regulations and agreed in the contract to terminate the labor relationship.
Thirty-fifth public security organs should make the recruitment, management and supervision of police auxiliary personnel public and accept social supervision.
Chapter V Safeguard
Thirty-sixth police auxiliary personnel and clothing, signs, equipment, recruitment, education and training funds should be included in the fiscal budget at the same level to be fully guaranteed.
Thirty-seventh human resources and social security departments shall, in conjunction with the public security and financial departments, verify the total remuneration of police auxiliary personnel of public security organs at the same level. The salary standard of police auxiliary personnel should be adapted to the professionalism, danger and labor intensity of the post.
The average wage level of police auxiliary personnel shall not be lower than that of local employees in the previous year, and a dynamic adjustment mechanism shall be established.
Article 38 Police auxiliary personnel shall enjoy the rights of paid annual leave, maternity leave, funeral leave and other rest and holidays in accordance with relevant regulations.
The public security organ shall regularly organize police auxiliary personnel to participate in health examination and establish health records.
Thirty-ninth police assistants enjoy the basic pension, medical care, unemployment, maternity, work injury, housing provident fund and other social security benefits for enterprise employees, and various localities can establish an annuity system in light of actual conditions.
The public security organ shall handle the personal accident insurance for the auxiliary police officers according to their post danger.
Fortieth medical institutions should treat the auxiliary police injured at work first, then charge them, and take active measures to treat them; For acute and critical diseases, it is necessary to unblock the green channel and treat them in time.
Forty-first auxiliary police officers who are injured, disabled or killed at work shall enjoy relevant treatment in accordance with the Regulations of the State Council Municipality on Industrial Injury Insurance.
The public security organ using the auxiliary police can advance the medical, transportation, nursing and other related expenses during the treatment of work-related injuries.
Article 42. In the process of performing their duties according to law, if police auxiliary personnel make sacrifices because of fighting against illegal and criminal acts, assisting in the pursuit of criminal suspects, defendants and criminals, or participating in emergency rescue and disaster relief, their survivors shall enjoy pensions and other relevant treatment with reference to the survivors of the people's police who died in the line of duty.
If the police auxiliary personnel are assessed as martyrs, their survivors shall enjoy relevant treatment in accordance with the relevant provisions of the state.
Forty-third police auxiliary personnel who have been orphaned due to work-related deaths and meet the conditions of rescue and support for the destitute are included in the scope of support for the destitute. Orphans are included in the orphan security system, and the basic living expenses of orphans are paid according to relevant standards.
Forty-fourth radio, television, newspapers and new media should strengthen the publicity of advanced figures and outstanding deeds of police auxiliary personnel.
Article 45 No unit or individual may harass, intimidate, threaten, insult, beat, falsely accuse, frame up or invade the privacy of police assistants and their close relatives because they perform their duties according to law.
Chapter VI Legal Liability
Article 46 If the public security organs, relevant departments and their staff violate the provisions of these Regulations and abuse their powers, neglect their duties or engage in malpractices for selfish ends in the management of police auxiliary personnel, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 47 If police auxiliary personnel fail to perform their duties in accordance with the provisions of these Regulations and infringe upon the legitimate rights and interests of citizens, legal persons or other organizations, the public security organ that uses police auxiliary personnel shall make compensation according to law.
After the public security organ compensates for the losses, it shall order the auxiliary police who have intentional or gross negligence to bear part or all of the compensation expenses according to law.
Article 48 Whoever, in violation of the provisions of these Regulations, illegally manufactures and sells the clothes and logos of police assistants shall be confiscated by the public security organs and fined not more than five times the value of the goods; Illegal purchase, possession and use of clothing and logos of police assistants shall be confiscated by the public security organs, and a warning or a fine of 1000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-ninth in violation of the provisions of this Ordinance, harassment, intimidation, threats, insults, beatings, false accusations, framed, invasion of privacy and other acts. Infringement on police assistants and their close relatives, which constitutes a violation of public security management, shall be punished by public security organs according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law; Those who cause personal or property damage shall bear civil liability according to law.
Fiftieth police auxiliary personnel who violate the provisions of these regulations shall be dealt with by the public security organs in accordance with the relevant provisions on the management of police auxiliary personnel; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 51 The recruitment, supervision and guarantee of police auxiliary personnel in judicial organs, procuratorial organs and judicial administrative departments shall be implemented with reference to the relevant provisions of these Regulations, and the specific duties, rights and obligations shall be separately stipulated by the Provincial Higher People's Court, the People's Procuratorate and the judicial administrative department with reference to the principles determined in these Regulations.
Article 52 These Regulations shall come into force on June 1 65438+1October1day, 2020. "