"You are not a police officer, why do you care about me?" Shanghai legislative legislation: define identity and list the negative list of performances

"You're not a police officer, why don't you care about me?" Once, he persuaded a non -motorized vehicle riding person on the road to Li Yangyang, a duty auxiliary police officer at the Police Station of the Police Station of the Jing'an Branch of Jing'an Branch ...

As an important auxiliary force for public security work, the role of auxiliary police is indispensable -to assist traffic management, participate in street patrols, and auxiliary arrest suspects. They all have their figures in all corners of the city. However, for a long time, it has not been clearly stipulated in terms of positioning, functions, and law enforcement authority, which embarrassed the situation of the auxiliary police team.

How does the auxiliary police define what they can do? What can't you do? What conditions must be recruited for the recruitment of the people's police? Does the public have the right to supervise them?

Today, the 41st meeting of the Standing Committee of the Fifteenth National People's Congress voted and approved the "Regulations on the Management of Police Assistant Police in Shanghai Public Security Organs" (hereinafter referred to as the "Regulations"). Auxiliary police management has entered a new stage of institutionalization, standardization, and rule of law.

Recruitment threshold: Criminal punishment, administrative detention, disciplinary punishment, etc. are not hired

Li Yangyang, 30, before becoming a public security service assistant, he worked as a soldier. After retiring, he operated the business of dishes wholesale with his parents. In August 2020, when he saw the news of the Shanghai Public Security recruited auxiliary police, he decided to try it.

"Written tests and interviews are very strict, just like the civil servant." Li Yangyang recalled that his experience in the army also made him favored by the interviewer: "Disciplinary and standardized, which is essential for the auxiliary police."

After the level, Li Yangyang passed the interview and participated in a two -month closed training before going to the job. "Main training legal basic knowledge, standards of duty, physical training and discipline, including French and French and traffic command gestures. Before the training, worry about physical fitness, but the training rhythm is well arranged, and it will be adapted soon."

The "Administrative Measures for Police Assistant Police of Shanghai Public Security Organs" issued in December 2017 shall make preliminary standards for the recruitment and use of police auxiliary personnel. The "Regulations" passed this time further clarified and refined the recruitment requirements of the auxiliary police.

In order to regulate the recruitment of the auxiliary police, create a high -quality auxiliary police team, and the Regulations »Clarify the management of the actual staff, and the scientific configuration of the auxiliary police personnel is required to be in accordance with the principle of" total control, tilt grassroots, dynamic adjustment, and classification ". Under the guidance of the municipal civil servant authority, the public security organs follow the principles of public equality and competition, and recruit supplementary police in accordance with the unified standards and procedures.

The Regulations also make specific regulations on the recruitment process. It should be announced, registration, qualification review, written test (including job skills test), interview (including physical examination), physical examination, comprehensive inspection, publicity, signing of labor contracts and other procedures to ensure disclosure of disclosure fair and just. At the same time, the conditions that should be applied for the assistance of the auxiliary police are strictly selected and hired.

In accordance with the "Regulations", if they have been punished or suspected of crime, they have not yet been found; if they have been punished by public security management or are punished by administrative detention for other illegal acts; If the object is not hired as auxiliary police.

In addition, the regulations also make it clear that for posts and talents with strong professionalism, recruitment can be used to adjust the recruitment conditions or simplify procedures to solve the problem of difficulty in the shortage of high -precision talents and difficulties in recruitment in hard jobs.

Responsibilities: What can the auxiliary police do and what can not do?

According to the statistics of the Municipal Public Security Bureau, as of June 2022, the number of Shanghai Public Security Auxiliary Police has a total of more than 12,000 on their jobs, with an average age of 32. After a reasonable division of labor and scientific distribution, these standardized and managed services assisted the police to perform their duties in accordance with the law, effectively alleviating the actual pressure of insufficient police force.

The "Regulations" define the nature of the auxiliary police from the legislative level, and it is clear that the auxiliary police are "non -people's identity for the daily operation and police activities of the public security organs. This also means that the auxiliary police do not enjoy law enforcement power, and their duties do not belong to law enforcement activities. So, what is their duties?

"Clarifying responsibilities and power is the highlight of this legislation." Yan Rui, director of the Legal Committee of the Standing Committee of the Municipal People's Congress, said that the auxiliary police's performance may have an impact on the public's rights and obligations, and it is necessary to clarify the boundaries of their duties. The "Regulations" limited the responsibility of the auxiliary police, and it is clear about what can be done and not to do.

The "Regulations" states that the auxiliary police should carry out police auxiliary work under the management, command and supervision of the public security organs and its people's police. The consequences of their duties shall be borne by the public security organs.

The reporter noticed that in accordance with the regulations, according to the attributes of the post, the auxiliary police was divided into two categories: civilian auxiliary police and service auxiliary police. Among them, the duties of the service assisted police are subdivided into general service responsibilities and assisted in law enforcement duties. Duty work.

The service auxiliary police can carry out public security patrols and duty according to the arrangement of the public security organs; guide the traffic; guide the parties to negotiate to deal with minor traffic accidents by themselves; prevent illegal and criminal activities, discover illegal crimes to stop or report to the public security organs in a timely manner; maintenance cases (things) Police assistance work such as the order on site, the on -site protection case (things) on the spot, the rescue of the injured and the trapped personnel such as the police:

The service auxiliary police can also assist in conducting public security inspections under the leadership of the people's police in accordance with the arrangement of the public security organs; daily fire supervision and inspection; discouragement and correction of traffic safety violations, collecting traffic violations of traffic; inspection, blocking control, monitoring, and illegal illegal law Criminal suspects; behaviors that seriously endanger the order of social security or public safety, personal safety of others, or the scene of major emergencies, take corresponding temporary measures such as police assistance. In addition to the positive list, the Regulations also list the "negative list" of the duties of the auxiliary police, that is, the auxiliary police must not engage in work. Through the combination of positive negative lists, the bottom line of the auxiliary police performs the duties. It is clear that the auxiliary police shall not issue an appraisal report and identify the responsibility of traffic accidents; shall not make administrative treatment decisions such as administrative licenses, administrative compulsory, and administrative penalties; shall not implement criminal and administrative compulsory measures, and carry out case investigation and audit work. Auxiliary police must not be equipped, use and keep weapons or police equipment. At the same time, it is clear that the auxiliary police assisted the records and avoidance of law enforcement duty.

During the previous review, some members proposed that legislation should prevent the appearance of "supplemented by the police retirement". The "Regulations" stated that if the public security organs arranged for the people's police to lead the auxiliary police to the relevant police auxiliary work, they should meet the requirements of the number of people's police officers.

确 Regulations »It is also clear that the auxiliary police performing their duties in accordance with the law are protected by law. Citizens, legal persons and other organizations shall support and cooperate with the auxiliary police to perform their duties in accordance with the law.

Occupational security: enjoy the "five insurances and one gold" benefits.

"Although I am not a police officer, I want to be a police officer." Li Yangyang, who was carrying a police officer, became a public security service auxiliary police officer, making him a step closer to the dream.

The reporter noticed that strengthening the professional security of the auxiliary police and the establishment of a career development channel is a highlight of this legislation. The "Regulations" use a special chapter to make provisions on the professional security system of the auxiliary police: clarify the compensation, social security, welfare benefits, rest vacations, and the right to participate in the union of the auxiliary police;

For example, in terms of salary and benefits, the regulations stipulate that the municipal human resources and social security and the financial department shall refer to the average salary of employees in the city last year, the per capita disposable income of urban residents, the basic pension insurance payment base, etc. Establish a dynamic adjustment mechanism and enjoy the treatment of "five insurances and one gold".

In addition, the legislation is clear that the eligible sacrifice auxiliary police can be evaluated as martyrs in accordance with the law; it is clear that the people's police can be recruited from a particularly excellent auxiliary police.

"The Regulations are more clear about the work responsibilities of the auxiliary police, which is more beneficial to occupational security, and also provides guidance for our future work direction." During this round of epidemic, Li Yangyang was stationed in the unit for more than 70 days to send medical treatment to residents in the jurisdiction and sent medical treatment to the residents of the district. Seeking medicine, assisting the police to take over the urgent police situation, and set up a card to rectify the unlicensed rider with the police ... Every day from morning to night, Li Yangyang uses his heart to solve the problem of "urgency and sorrow" for many citizens. Recognize and praise.

The legislation also increased the responsibilities of the auxiliary police in the prevention and control of the epidemic. The "Regulations" clearly states that under the leadership of the people's police, the auxiliary police can "participate in emergencies such as natural disasters, accident disasters, public health events and social security incidents."

Supervision and management: If the auxiliary police are illegal, the unit and individual have the right to report to the public security organs

Can citizens report complaints to the public security organs if they encounter auxiliary police officers?

In order to further strengthen the supervision and management of the auxiliary police, the "Regulations" in accordance with the principles of "who use, who manages, and who is responsible", clearly clarify the daily management of the auxiliary police officer in charge of the auxiliary police. It is regulated from the aspects of supervision and management responsibilities, education and training, hierarchical management, and assessment and punishment.

The "Regulations" clearly states that the auxiliary police implement hierarchical management, from high to low to level 1 to 7. The public security organs shall comprehensively assist the ideological quality, work performance, business capabilities, business capabilities, periods of performance, assessment and rewards, etc., and evaluate or lifted the auxiliary police level in accordance with the prescribed standards and procedures. The assessment results of the auxiliary police are linked to their salary, and are an important basis for hierarchical lifting, rewards and punishments, renewal of signing in accordance with the law, or lifting the labor contract.

The legislation also improved the internal disciplinary and report complaints and handling mechanisms, and supervised the auxiliary police to perform their duties in accordance with the law. The auxiliary police officer violates discipline requirements or relevant rules and regulations, hinders the normal work order of public security organs, and damage the reputation of the public security organs.

During the previous review, some members proposed that the auxiliary police should accept the supervision of society and the public. To this end, the "Regulations" clearly stated that "the auxiliary police should accept social supervision" and "the violations of discipline and regulations on the auxiliary police, and any unit or individual has the right to report and complain to the public security organs."

Legal liability: The auxiliary police officer violates the public security organs where the citizen's rights and interests shall bear the liability for compensation

"Auxiliary police management involves auxiliary police, the public, and related management departments, etc., need to be clearly corresponding to the corresponding legal responsibilities according to different situations." Yan Rui said that the Regulations of the Regulations » The damage compensation caused by the legitimate rights and interests of the relative person, hindering the auxiliary police to perform their duties or the implementation of illegal infringement of the auxiliary police and their close relatives, and the situation of the state organs and their staff's dereliction of duty, etc., clarified the corresponding legal liability.

The reporter noticed that if the auxiliary police violate the provisions of these regulations, the public security organs shall be dealt with in accordance with the relevant provisions of the auxiliary police management; if it constitutes a violation of public security management, the public security organs shall be punished by public security management according to law; if a crime is constituted, criminal liability shall be investigated in accordance with the law. The "Regulations" clearly states that when the auxiliary police officer violates the legitimate rights and interests of citizens, legal persons, and other organizations, the public security organs shall be liable for compensation in accordance with the law, and the public security organs have the right to recover to the auxiliary police that intentionally or have major faults.

If citizens, legal persons, or other organizations hinders the auxiliary police to perform their duties in accordance with the law, or implement illegal violations such as the auxiliary police and their close relatives, such as breaking, intimidation, threats, insults, beating, false accusations, framing The agency shall be punished by law and order in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

According to the Regulations, if illegal manufacturing and sales of auxiliary police -style clothing and logos shall be confiscated by the public security organs and shall be fined 1,000 yuan to 5,000 yuan; if illegal purchase and use of supplementary police clothing, and logo shall be shared by the public security organs shall be public security organs. It is confiscated, a warning or a fine of less than two hundred yuan or less than one thousand yuan; if a crime is constituted, criminal responsibility is investigated in accordance with the law.

Liberation Daily · Shangguan News Original manuscript, reprinting without permission

Author: Wang Haiyan Xunlin Hua

WeChat editor: Miss Pi

School counterpart: Ta Ni

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