Does the traffic police need to show relevant documents when enforcing the law on site?

Sorry, I'm a police officer!

You said you are a policeman,

Are you a policeman?

Show your law enforcement certificate~

Recently, some friends asked in the background:

There are many videos on the Internet where citizens ask the police to show their law enforcement certificate.

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If the traffic police doesn’t show it, is it illegal to pester me like this?

What is the legal basis?

Do traffic police have to show their law enforcement certificate when enforcing the law?

As the travel rate increases, whether it is a traffic violation or other matters,

the "probability" of encountering police enforcement is expected to also increase.

The editor asks you: When the police come looking for you, can you ask them to show their "law enforcement certificate"?

Don’t be scared, the correct answer is - No!

What happened?

Let the editor give you some advice.

Don’t listen,

A brother from Sanya was detained some time ago,

Well, it’s the guy below... .

A few days ago, news reported that a drunk man hired a driver to see passengers off. He was stopped by the traffic police on duty because he was occupying a dedicated bus lane to check his ID. However, the man refused to cooperate. After the police from the police station arrived at the scene, the man remained emotional. He was agitated and repeatedly asked the police to show their "law enforcement certificate". After the police showed the people's police card, the man still refused to listen to the advice. When the warning was ineffective, the police took coercive measures and forcibly took the drunk man away from the scene in accordance with the law. At present, the public security organs have administratively detained Yang, the illegal perpetrator, for ten days.

Then the question is:

The Sanya man asked the police to show his "law enforcement certificate".

Is there anything wrong?

Many friends have a misunderstanding:

They believe that the police must show their law enforcement certificates to enforce the law.

And some lawbreakers seize this "problem" and repeatedly pester it. ,

Obstruct law enforcement.

Editor: Today I will correct everyone’s wrong impression

——The law enforcement certificate is really true! without! have!

Question 1

What is a "law enforcement certificate"?

Article 34 of the "Administrative Penalty Law" stipulates: "When law enforcement officers make an administrative penalty decision on the spot, they shall present their law enforcement identification documents to the parties..."

"Law enforcement identification documents ” is what people often call “law enforcement certificate”. It refers to the qualification certificate that is uniformly printed by the provincial people's government and verified and issued by the people's government at or above the county level, or is uniformly produced and issued by various departments of the State Council in accordance with the provisions of laws and administrative regulations, indicating that administrative law enforcement personnel have administrative law enforcement powers. Departments that require law enforcement certificates are administrative agencies such as industry and commerce, taxation, and quality inspection and organizations authorized by laws and regulations.

Question 2

Do the police have a "law enforcement certificate"?

According to relevant regulations of the Ministry of Public Security, in order to strengthen the law enforcement capacity of public security organs and improve the legal quality and law enforcement level of the people's policemen of public security organs, police officers need to obtain a "Law Enforcement Qualification Certificate."

Police officers do not have a "law enforcement certificate" but only a "law enforcement qualification certificate". According to relevant regulations, this certificate is only for internal use by the public security agency and is not used as an identity document for external law enforcement.

Question 3

Does the police need a "law enforcement certificate" to enforce the law?

Article 23 of the "People's Police Law" stipulates: "The People's Police must dress in accordance with regulations, wear the People's Police logo or hold the People's Police ID, maintain a neat police appearance, and behave dignifiedly..."

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According to the relevant provisions of the "People's Police Law", police officers have two ways to identify themselves when performing official duties: one is to dress in accordance with regulations and wear the People's Police logo; the other is to show the People's Police logo in plain clothes. Police ID. Therefore, police officers do not need a law enforcement license!

Question 4

Does the "People's Police Law" conflict with the "Public Security Punishment Law"?

Article 92 of the "Legislation Law" stipulates: "If the special provisions of laws, administrative regulations, local regulations, autonomous regulations and separate regulations and rules formulated by the same agency are inconsistent with the general provisions, the special provisions shall apply. Provisions..."

The "People's Police Law" and the "Administrative Punishment Law" were both passed by the National People's Congress. Compared with the "Administrative Punishment Law", the "People's Police Law" is a special law. According to the principle of legal application, special laws are superior to general laws, so the People's Police Law applies.

Question 5

If you encounter police enforcement, how can you quickly determine whether it is true or false?

1. Check whether you are dressed in accordance with the regulations

You must meet the above four conditions to be a real people's policeman

2. If you are not dressed, you can ask him to show it Police Officer Card

The front of the police officer card bears the holder’s photo, name, name of the public security agency and police number, and the back has the holder’s name, gender, blood type, date of birth, position, police rank, blood type and validity period. etc., and there are multiple anti-counterfeiting laser patterns on the card.

If you still have doubts, you can call 110 for confirmation.