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No. 270 Order of Wuhan Municipal People’s Government
source:     2018-01-02

It is hereby promulgated that the Interim Measures of Wuhan Municipality for the Management of Auxiliary Police Officers of Public Security Organs have been adopted at the 165th Executive Meeting of Wuhan Municipal People’s Government on March 21, 2016, and shall be implemented as of June 1, 2016. 

  

  

Mayor:   Wan Yong 

April 21, 2016 

  

 Interim Measures of Wuhan Municipality for the Management of Auxiliary Police Officers of Public Security Organs 

 

  

Chapter One   General Provisions 

Article 1   With a view to standardizing the management of auxiliary police officers of public security organs, protecting their legitimate rights and interests, and giving full play to their auxiliary functions in social security administration, these Measures are formulated in accordance with the relevant laws and regulations as well as the relevant provisions of the State, and in the light of the actual situation of this Municipality.  

Article 2   These Measures are applicable to the employment, performance, guarantee and supervision of auxiliary police officers of public security organs of this Municipality. Where the State or Province provides otherwise, such provisions shall prevail. 

Article 3   An auxiliary police officer as mentioned in these Measures refers to a person who is recruited by a public security organ as needed through open recruitment procedures after being approved by a people’s government at the corresponding level, and who provides auxiliary support for the daily operation and police activities of a public security organ, without the identity of a people’s police.  

Article 4   The public security organs at the municipal and district levels (including those of Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park, the same below) shall be responsible for the use and management of auxiliary police officers. The municipal public security organ shall guide and supervise the public security organs at the district level in their use and management of auxiliary police officers. 

The departments of finance at the municipal and district levels shall incorporate the expenses for the wages and welfare, social security, uniforms and outfits, education and training, pensions and subsidies of auxiliary police officers, as well as the expenses for their daily management, into the fiscal budget at the corresponding level, and increase the guarantee level yearly based on the economic and social development.  

The departments of human resources and social security and of civil affairs at the municipal and district levels shall, in line with their respective responsibilities, well perform their work related to the supervision, management and guarantee of auxiliary police officers. 

Article 5   The management of auxiliary police officers shall integrate legal management, normalized use, effective supervision and restriction, and energetic incentive and guarantee.  

Article 6   The performance of duties of auxiliary police officers shall be subject to supervision from the citizens and the society.  

Any unit or individual may complain about or report an auxiliary police officer’s act that violates the provisions of these Measures to a public security organ.  

  

Chapter Two   Rights and Obligations 

Article 7   Auxiliary police officers shall, under the command and supervision of the public security organs and the people’s policemen, assist the people’s policemen in the relevant work.  

Based on the duties and nature of work, auxiliary police officers are divided into two categories, namely administrative auxiliary police officers and regulatory auxiliary police officers.  

Article 8   Administrative auxiliary police officers are in charge of the following work:  

(1) clerical assistance, archives management, telephone inquiries, window service, fulfillment of procedures for issuing permits and licenses, network information patrol, video monitoring, information collection and entry, and other administrative assistant work;  

(2) psychological consultation, medical treatment, translation, audio-video production, computer network maintenance, data analysis, software research and development, communication guarantee, financial management, crime scene investigation, technical inspection, ship and boat engine steering and maintenance, and other work;   

(3) storage and maintenance of police equipment except military and police weapons, as well as logistics service and other police support work; and 

(4) other work within the scope of responsibilities of administrative auxiliary police officers. 

Article 9   Regulatory auxiliary police officers are in charge of the following work: 

(1) assisting in preventing and stopping illegal criminal activities;  

(2) assisting in gate watch-over, public security patrol, public security inspection, and safety inspection of gathering places;   

(3) assisting in interrogating and examining, blocking and controlling, monitoring and guarding illegal criminal suspects; 

(4) assisting in maintaining the order of and protecting crime (incident) scenes, and in rescuing the injured;  

(5) assisting in traffic dispersion, and in notifying the violators of, preventing and correcting their illegal acts concerning traffic safety;  

(6) assisting in daily management of patients abstained from drugs, in inspecting manufacturers of precursor chemicals, and in drug enforcement;    

(7) assisting in management of public security monitoring sites;  

(8) participating in firefighting and assisting in fire supervision and control;  

(9) assisting in legal publicity and education on safety protection, traffic safety, drug control, etc.;   

(10) breeding and training police dogs; and 

(11) other work within the scope of responsibilities of regulatory auxiliary police officers. 

Article 10   Auxiliary police officers shall not undertake the following work:  

(1) domestic security guard, technical reconnaissance, anti-heresy, and anti-terrorism;   

(2) work involving state secrets;   

(3) case investigation and evidence collection, issuance of survey reports, and confirmation of responsibilities for traffic accidents;  

(4) administrative or criminal enforcement, administrative decision-making, and case auditing; 

(5) storage and maintenance of military and police weapons; and 

(6) the work as specified by laws and regulations that must be undertaken by people’s policemen of public security organs.  

Article 11   A public security organ shall, in accordance with the provisions of Articles 8 and 9 of these Measures, formulate a job description for its auxiliary police officers, specifying their job responsibilities, tasks and standards.  

Article 12   Auxiliary police officers shall have the following rights:  

(1) to obtain the required work conditions for the performance of their responsibilities;  

(2) to obtain wages and rewards and enjoying social insurances, paid annual leaves, casualty pensions and other treatments;    

(3) to participate in professional training;  

(4) to propose work opinions and suggestions;   

(5) to refuse arrangements or orders violating laws, regulations or these Measures;  

(6) to file complaints or petitions according to law; 

(7) to cancel labor contracts according to law; and 

(8) other rights as specified by laws, regulations and these Measures.  

Article 13   Auxiliary police officers shall observe the work disciplines and perform the following obligations: 

(1) observing laws, regulations, rules and the management system of public security organs;  

(2) using as authorized and guaranteeing the safety of the public security information system, and keeping secret the police work;  

(3) obeying the management of public security organs and the commands of people’s policemen, and protecting the reputation and image of public security organs; and 

(4) discharging duties civilly and scrupulously, complying with social moralities, and respecting the customs of the masses.  

  

Chapter Three   Employment and Management 

Article 14   The people’s governments at the municipal and district levels shall, based on the need of economic and social development and social security, gradually employ auxiliary police officers at a minimum ratio of 1:1 to the special staffing for public security, politics and law, while the number of auxiliary police officers for road traffic control and rail security control shall be matched to the actual need.      

A public security organ shall work out a staffing plan for its auxiliary police officers and submit it to a people’s government at the corresponding level for approval.  

Article 15   A public security organ may, under the instruction of a department of human resources and social security at the corresponding level, either employ its auxiliary police officers directly or outsource the service of auxiliary police officers to a service provider.  

A public security organ at the district level shall report its employment and use of auxiliary police officers timely to the municipal public security organ for the record.  

Article 16   The employment of auxiliary police officers shall, based on the principles of openness, equality, competition and meritocratic choice, be arranged through certain procedures. On equal conditions, the spouses or children of public security martyrs or of people’s policemen who have died while on duty, retired soldiers, people with righteous behaviors, graduates of public security colleges and universities may be prioritized.    

Article 17   Auxiliary police officers shall meet the following conditions:  

(1) politically reliable and upright in daily behaviors, with strong sense of responsibility, engaging of their free will in the auxiliary police work of public security organs;     

(2) being citizens at or above the age of 18;  

(3) with qualified physical conditions for fulfilling their responsibilities;  

(4) with the required educational level, professional qualifications or skills; and   

(5) other conditions as specified by the State and the Province. 

A person in any of the following circumstances shall not be employed:   

(1) suspected of committing a crime;  

(2) imposed with criminal punishment or such restriction of personal liberty as administrative detention, compulsory isolated detoxification or detention education due to illegal or criminal activities;   

(3) expelled or dismissed due to serious violation of disciplines or rules;  

(4) joining illegal organizations or evil cults, or engaging in other activities endangering national security; or 

(5) other circumstances as specified by the State and the Province. 

Article 18   A public security organ which employs auxiliary police officers directly shall sign labor contracts with them according to law.  

A public security organ which outsources the service of auxiliary police officers to a service provider shall sign a service contract with it according to law, while the service provider shall sign labor contracts with the auxiliary police officers according to law. 

Article 19   A public security organ shall establish archives for its auxiliary police officers to record their basic information, job performance, training, education, appraisal and other information.  

Article 20   A public security organ shall provide induction training to its auxiliary police officers, which covers working disciplines, job skills, professional knowledge, etc. Only those who pass the training can take their positions.  

Article 21   The education and training of auxiliary police officers shall be incorporated into the training plans of a public security organ. Every year auxiliary police officers shall receive regular training on legal knowledge, job skills and other aspects for a duration of not less than 15 days, and their training results shall be taken as an indicator for performance appraisal.  

Article 22   Auxiliary police officers, while on duty, shall wear uniforms and badges of auxiliary police that are different from people’s police, and hold their work permits as provided. The uniforms, badges and work permits of auxiliary police officers shall be produced under the supervision of public security organs and managed by the employers; no other entities, organizations or individuals may produce or sell them.   

If needed by work, auxiliary police officers may be provided with and use necessary protective equipment.  

An auxiliary police officer shall, when leaving his/her office, return his/her uniform, logo, work permit and work equipment to a public security organ.   

Article 23   A public security organ shall give a performance rating periodically on its auxiliary police officers from the aspects of work performance, rule and discipline compliance, and education and training. The rating is classified into four levels, namely, excellent, qualified, acceptable and unqualified. With regard to the auxiliary police officers from a service provider, a public security organ shall feed back the performance rating to the service provider.     

The performance rating shall be notified to auxiliary police officers in writing and filed in their archives as a basis for their promotion, wage adjustment, training, reward and punishment, contract renewal, dismissal and return. 

Article 24   A public security organ may, based on the work nature and job requirements of auxiliary police officers, establish a hierarchical management system where the position, wage and other benefits of an auxiliary police officer are adjusted according to his/her service years, performance and performance rating.     

Article 25   A public security organ shall terminate the labor relationship with an auxiliary police officer or return him/her to a service provider, if he/she: 

(1) fails to pass the performance rating;  

(2) has been absent from work for three successive days, or for seven accumulative days within a year;  

(3) fails to immediately stop an offender from committing an illegal criminal act or to report such act, which results in a serious consequence;  

(4) produces or spreads rumors or improper information through Internet, other media or daily life, or discloses police secrets of the public security organ;  

(5) uses his/her position to benefit himself/herself or others;   

(6) participates in or organizes pornographic, drug taking, gambling, superstitious or other activities;   

(7) has suffered complaints for several times which are verified to be true; or  

(8) is involved in other circumstances to support such cancellation or return as provided by law or by the labor or service contract.  

  

Chapter Four   Guarantee and Incentives 

Article 26   Where an auxiliary police officer assists the people’s police in police affairs in accordance with these Measures, the legal consequences incurred therefrom shall be taken by a public security organ, and his/her legitimate rights and interests are protected by law.  

Entities, organizations and individuals shall cooperate with auxiliary police officers who are fulfilling their duties according to law. In the event of unlawful infringement during their performance of duties, the infringers shall be investigated for legal liabilities according to law.   

Article 27   A public security organ shall, under the guidance of a department of human resources and social security, establish a wage management system for its auxiliary police officers, so as to guarantee the consistency of the wage level of auxiliary police officers with the economic and social development and their job responsibilities.   

Article 28   If it is really necessary to arrange overtime work to auxiliary police officers, a public security organ shall pay them overtime wage according to law, and such expenditure shall be guaranteed by a department of finance at the corresponding level.  

Article 29   A public security organ or a service provider shall pay, for its auxiliary police officers, the endowment insurance for urban employees, medical insurance, maternity insurance, unemployment insurance and employment injury insurance, as well as the housing provident fund.  

Article 30   Where an auxiliary police officer who has died on duty meets the conditions for regarding as a martyr, such officer shall be rated as a martyr according to law and his/her dependents shall enjoy the benefits specified in the Regulations on Honoring Martyrs (Order No. 601 of the State Council). 

A public security organ shall establish a pension and subsidy system for auxiliary police officers, providing proper subsidies to the dependents of auxiliary police officers who have died on duty and to the auxiliary police officers who are injured or disabled on duty.   

Article 31   A public security organ shall give awards to an auxiliary police officer or the collective auxiliary police who:  

(1) is devoted to auxiliary police work, works actively, and has outstanding job performance;  

(2) observes disciplines and performs official duties honestly with hospitable service,  and plays an outstanding exemplary role;  

(3) has outstanding performance in dealing with mass incidents, emergency rescue, disaster relief and major security tasks;   

(4) has outstanding contributions to accident prevention or control, and thus protects the State and the masses from losses or reduces their losses;   

(5) is courageous in fighting against illegal and criminal acts; or 

(6) has other outstanding performances or special contributions. 

Article 32   An auxiliary police officer with outstanding job performance may, with consent of an administrative department of civil servants or a department of human resources and social security, enjoy certain preferential treatment in the examinations of civil servants (or people’s police) or in the employment of public institutions, or as recommended by a public security organ, hold the post of a community worker after passing the examinations and appraisal of a relevant governmental department.   

  

Chapter Five   Legal Responsibilities  

Article 33   Where a public security organ or a people’s policeman violates the provisions of these Measures, the superior competent authority or the work unit to which the violator belongs shall criticize and educate the leaders responsible and the persons directly responsible; if the circumstance is serious, administrative penalties shall be given according to law; if a crime is constituted, criminal liability shall be investigated according to law.        

Article 34   An auxiliary police officer who violates the provisions of these Measures shall be given criticism and education as appropriate by the public security organ; if a crime is constituted, criminal liability shall be investigated according to law. 

The punishment of an auxiliary police officer shall be supported with proved facts, irrefutable evidences, and legitimate and complete procedures, and the auxiliary police officer concerned shall be informed of the facts and evidences that have been ascertained through investigation.    

Article 35   A service provider that fails to sign the labor contract with auxiliary police officers as provided by laws and regulations or to pay for them the endowment insurance for urban employees, medical insurance, maternity insurance, unemployment insurance, employment injury insurance and housing provident fund shall be punished by the relevant administrative department according to law.   

Article 36   Any labor dispute between an auxiliary police officer and a public security organ or a service provider may be settled through negotiation; if negotiation fails, an application for mediation or arbitration or a lawsuit may be filed according to law.  

  

Chapter Six   Supplementary Provisions 

Article 37   These Measures shall come into force as of June 1, 2016.  

 

 

 

To:

People’s governments at the district level, departments of the Municipal People’s Government.

Office of Legislative Affairs of the Provincial People’s Government.

General Office of the Municipal Party Committee, Wuhan Garrison Command, people’s organizations, Democratic Parties.

General Office of the Standing Committee of the Municipal People’s Congress, General Office of CPPCC Wuhan Committee, Municipal People’s Court and Procuratorate.

News agencies, enterprises and institutions affiliated to ministries.

General Office of Wuhan Municipal People’s Government

Printed and Distributed on April 22, 2016

 

  

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