Is the auxiliary police file in the public security system?

Article 1 In order to standardize the management of police auxiliary personnel in public security organs, ensure the rational use of police auxiliary forces according to law, and give full play to its positive role in assisting public security police in maintaining social order, cracking down on illegal crimes, implementing administrative management and serving the people, according to the People's Police Law of the People's Republic of China, the Labor Law of People's Republic of China (PRC), the Labor Contract Law of People's Republic of China (PRC) and the Regulations on the Organization and Management of Public Security Organs.

legal ground

Article 2 These Measures shall apply to the recruitment, management, performance of duties, guarantee and supervision of auxiliary police officers of public security organs.

Article 3 The term "police auxiliary personnel" as mentioned in these Measures refers to those who are recruited according to law, managed and used by public security organs, perform the duties stipulated in these Measures and agreed in labor contracts, and do not have the status of people's police, mainly including civilian and auxiliary police personnel engaged in police auxiliary work. The recruitment of logistics service personnel, social volunteers and other social security auxiliary forces engaged in catering, cleaning and security by public security organs is not included in the management scope of police auxiliary personnel of public security organs.

Article 4 Auxiliary police officers are not qualified as law enforcement subjects and cannot directly participate in public security law enforcement. Carry out auxiliary work under the command and supervision of the public security police. Police auxiliary personnel are protected by law in performing their official duties in accordance with these measures, and the relevant units and individuals shall cooperate with them, and the relevant legal consequences shall be borne by the public security organs.

Article 5 The management of police auxiliary personnel shall follow the principle of "whoever uses, manages and is responsible". The Ministry of Public Security is responsible for the research, formulation and macro guidance of the management policies of police auxiliary personnel in public security organs; The provincial public security organs are responsible for the research, formulation and work guidance of the management system and norms of police auxiliary personnel within their respective jurisdictions; City and county public security organs are responsible for the management and supervision of police auxiliary personnel within their respective jurisdictions; The unit where the police auxiliary personnel work is responsible for daily management.

Sixth involving top secret matters and it is difficult to effectively prevent them from directly participating in law enforcement, auxiliary police personnel shall not be used. Auxiliary police personnel shall not be used in confidential or law enforcement positions such as domestic security, economic investigation, criminal investigation, professional and technical investigation, network investigation, anti-terrorism department and police; With the approval of the public security organs at the same level, the police auxiliary personnel can be used in the non-law enforcement and non-classified comprehensive positions of the above departments. Important classified posts of other departments and police types shall not use police assistants without the approval of the public security organs at the same level.

Article 7 Public security organs at all levels may, according to the needs of their work and with the approval of the people's government at the same level or relevant departments, be equipped with a certain number of police auxiliary personnel. The establishment department is responsible for approving the employment quota of police auxiliary personnel, the civil affairs department is responsible for preferential treatment of police auxiliary personnel, the financial department is responsible for ensuring the funds of police auxiliary personnel, and the human resources and social security department is responsible for determining the salary standard of police auxiliary personnel. The above-mentioned relevant departments shall, in accordance with their respective responsibilities, do a good job in policy guidance, management and guarantee of police auxiliary personnel.

Chapter II Responsibilities, Obligations and Rights

Article 8 Under the command and supervision of public security organs and their people's police, civilian personnel may engage in the following work:

(a) to assist in accounting, computer network maintenance, communication security, medical care, psychological consultation, publicity, film and television production, translation, police dog maintenance, inspection and identification assistant, boat driving, boat engine and police navigation equipment auxiliary maintenance, exhibition design and other technical support positions;

(two) file management, information management, wiring inquiry, cashier and other auxiliary administrative posts;

(three) administrative assistant, personnel assistant, clerical assistant, logistics assistant, experimental assistant, window service assistant, certificate handling, video surveillance and other auxiliary management positions.

Article 9 The auxiliary police shall, under the command and supervision of the public security organ and its people's police, perform the following duties according to the post requirements:

(a) to carry out public security patrols and safety publicity and education;

(two) to help maintain social security order and traffic management order;

(3) assisting in the collection of population information;

(four) to assist the public security inspection and video surveillance;

(five) to help maintain the order of large-scale activities;

(six) to assist in the investigation of suspected criminals;

(seven) to assist in the development of anti-drug publicity and education, daily management services for drug addicts, public drug investigation and other work;

(8) Fire fighting and rescue;

(9) Protecting the scene of the case;

(ten) to stop all kinds of illegal and criminal acts;

(eleven) to participate in emergency rescue and disaster relief;

(twelve) to protect public property and people's personal and property safety;

(thirteen) to perform other non law enforcement tasks assigned by the public security organs according to the actual situation.

Tenth public security organs and their people's police shall not arrange police assistants to engage in the following work:

(a) matters involving state secrets and police secrets without the authorization of the public security organs;

(2) On-the-spot investigation, investigation and evidence collection, technical appraisal, accident responsibility determination, enforcement of compulsory measures, interrogation or independent detention of criminal suspects that should be undertaken by the people's police according to laws, regulations and rules;

(three) the implementation of administrative licensing, administrative fees, administrative penalties, administrative compulsory measures;

(4) Equipping, keeping and using weapons and police equipment;

(five) other acts stipulated by laws, regulations and rules.

Eleventh auxiliary police shall perform the following obligations:

Abide by the Constitution and laws;

(2) safeguarding national security, honor and interests;

(3) Serving the people wholeheartedly and accepting people's supervision;

(4) Obeying the management of public security organs and the command of the people's police;

(five) to keep state secrets and work secrets;

(6) Abide by discipline, social morality and national customs;

(seven) other obligations stipulated by law.

Article 12 Auxiliary police officers shall enjoy the following rights:

(a) to obtain the necessary working conditions for performing their duties;

(2) Not to be dismissed without legal reasons or legal procedures;

(3) Obtaining remuneration for labor according to law and enjoying legal welfare and insurance benefits.

(four) to accept the business knowledge training required for the post;

(five) to criticize and make suggestions to the staff of this unit;

(six) to lodge complaints and accusations according to law;

(seven) to terminate the labor contract according to law;

(eight) other rights as prescribed by law.

Thirteenth police auxiliary personnel shall not have the following acts:

(a) Law enforcement only;

(two) dereliction of duty, delaying the work;

(three) do not obey the orders of superiors;

(4) practicing fraud, concealing information or deceiving leaders;

(5) divulging state secrets or police secrets;

(six) corporal punishment or ill-treatment of criminal suspects or other personnel;

(seven) illegally depriving or restricting the personal freedom of others;

(eight) extortion or soliciting or accepting bribes;

(nine) to participate in pornography, drug abuse, gambling and other activities;

(ten) drinking alcohol and driving a motor vehicle after drinking during working hours;

(eleven) to participate in business activities related to the performance of duties or to be employed by other individuals and organizations;

(12) using weapons;

(thirteen) other violations of law and discipline.

Chapter III Recruitment

Fourteenth local police auxiliary personnel recruitment plan and quota, proposed by the public security organs at all levels, reported to the government at the same level or the relevant departments for approval, by the public security organs in conjunction with the human resources and social departments unified organization and implementation.

Fifteenth localities can take recruitment, labor dispatch or personnel agency management to recruit police auxiliary personnel. According to the needs of the work, civil servants can be recruited in conjunction with the personnel department by means of appointment of civil servants or local career establishment.

Article 16 The principles of openness, equality, competition and merit should be followed in the recruitment of police auxiliary personnel, and the recruitment procedures can be implemented with reference to the relevant provisions on the recruitment of the people's police.

Article 17 Generally speaking, civil servants should meet the following conditions: they are over 18 and under 35 years old; Support the Constitution of People's Republic of China (PRC), abide by national laws and regulations, and have good conduct; Have the physical and mental conditions and working ability to perform their duties; College degree or above. Auxiliary police should meet the following conditions: the age is above 18 years old and below 45 years old; Support the Constitution of People's Republic of China (PRC), abide by national laws and regulations, and have good conduct; Have the physical conditions and working ability to perform their duties; Have a high school education or above, and have certain legal knowledge and work experience required by the post.

Eighteenth any of the following circumstances, shall not serve as a police assistant:

(1) Having received criminal punishment or being suspected of violating the law and crime, which has not been ascertained; (2) Being punished by administrative detention, detention for drug rehabilitation, compulsory drug rehabilitation, etc. that restrict personal freedom due to illegal acts;

(3) Being expelled from public office or expelled by a state organ or institution;

(4) Being dismissed for violating the regulations on the administration of police auxiliary personnel of public security organs;

(5) Family members and close relatives are sentenced to death or are serving sentences;

(six) other personnel who are not suitable for police auxiliary work.

Article 19 Where a public security organ directly employs police auxiliary personnel, it shall sign a labor contract on the principle of equality, voluntariness and consensus, and determine the rights and obligations of the employing unit and the police auxiliary personnel. If the public security organ adopts labor dispatch or personnel agency management to recruit police auxiliary personnel, the labor dispatch or personnel agency shall sign a labor contract with the police auxiliary personnel according to law.

Article 20 The conclusion, performance, alteration, dissolution or termination of a labor contract shall be implemented in accordance with the relevant laws, regulations and rules of the state.

Chapter IV Treatment and Protection

Article 21 The wages and benefits, equipment guarantee, social insurance and daily management funds of police auxiliary personnel shall be fully guaranteed by financial departments at all levels in accordance with the financial system, and shall not occupy the budget of public security organs.

Twenty-second public security organs at all levels shall, in conjunction with the finance, human resources and social security departments at the same level, refer to the local similar posts and the average income level of the society, and formulate the salary standards for police auxiliary personnel. The salary of police auxiliary personnel shall be dynamically adjusted. The wage adjustment range is determined according to the years of police auxiliary work and the assessment results.

Twenty-third public security organs or entrusted labor dispatch and personnel agencies shall handle various social security services for police auxiliary personnel according to law.

Article 24 When the labor contract of the police auxiliary personnel directly employed by the public security organ is concluded, terminated or dissolved, the public security organ shall promptly transfer the social insurance relationship for the police auxiliary personnel. When the labor contract is concluded, terminated or dissolved, the police auxiliary personnel recruited by the public security organ through labor dispatch or personnel agency management shall transfer the social insurance relationship for the police auxiliary personnel in time.

Twenty-fifth auxiliary police officers who are disabled at work shall enjoy work-related injury treatment according to the degree and level of injury. If an auxiliary police officer dies in the line of duty, his immediate family members can enjoy pension and other related benefits with reference to the relevant provisions on pensions for state staff.

Article 26 With the approval of the financial department at the same level and full guarantee, the public security organ may set up special funds to subsidize the auxiliary police injured and disabled due to training, duty, emergency rescue and disaster relief, and the immediate family members of the auxiliary police who died.

Twenty-seventh police auxiliary personnel who work overtime shall be given corresponding subsidies or compensatory time off in accordance with relevant state regulations.

Chapter V Daily Management

Twenty-eighth public security organs at or above the county level shall establish the following police auxiliary personnel management system:

(a) post responsibility system and assessment attendance system;

(two) the system of succession and inspection;

(three) the political business learning and training system;

(4) Work record and reporting system;

(5) The registration and delivery system of the property involved;

(6) confidentiality system;

(7) reward and punishment system.

Article 29 The employing units of public security organs shall establish personnel and work information files of police auxiliary personnel.

Thirtieth public security organs shall provide pre-job training for police auxiliary personnel. Only those who have passed the training can be arranged to perform the corresponding job responsibilities. The public security organ shall regularly train police auxiliary personnel in legal knowledge and job skills to improve their quality.

Thirty-first public security organs should regularly assess the performance, law-abiding, education and training of police assistants. The assessment results serve as the main basis for the reward, punishment, renewal and dismissal of police auxiliary personnel, and are linked to wages.

Article 32 Police auxiliary personnel shall be issued with uniform work certificates and clothes. Work certificates, clothing styles and signs shall be determined by the provincial public security organs. The work permits, clothing styles and signs of police assistants should be different from those of the people's police.

Article 33 Police auxiliary personnel may allocate and use necessary protective equipment according to their posts, but they shall not hold or use weapons, police equipment and other police equipment.

Article 34 When the auxiliary police officers leave their posts, the public security organs shall collect the issued work certificates, clothes, signs and equipment.

Chapter VI rewards and punishments

Thirty-fifth public security organs shall commend and reward police auxiliary personnel who have outstanding performance, remarkable achievements, outstanding contributions or other outstanding deeds. When recruiting people's police or career establishment personnel, all localities can determine that a certain proportion of police auxiliary personnel with outstanding performance will adopt targeted recruitment.

Thirty-sixth public security organs and their people's police in violation of the provisions of these measures, the higher authorities or their units shall give criticism and education to the personnel who have leadership responsibilities and the personnel who are directly responsible; If the circumstances are serious, administrative sanctions shall be given according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Thirty-seventh police auxiliary personnel who violate the relevant laws and regulations, work regulations and the disciplinary requirements of the employer shall be given criticism and education, and performance pay and year-end bonus shall be deducted. As appropriate; If the circumstances are serious, the labor contract shall be terminated or returned to the labor dispatch and personnel agency according to law; Those who violate the law and constitute a crime shall be investigated for legal responsibility according to law.

Thirty-eighth police auxiliary personnel in violation of the provisions of these measures, should be punished, the public security organ shall investigate, and inform the investigation of the facts and the basis for the proposed punishment. Auxiliary police officers have the right to state and defend themselves.

Article 39 Under any of the following circumstances, the police auxiliary personnel shall be dismissed:

The annual assessment is unqualified;

(two) continuous absenteeism or overdue for more than three days without justifiable reasons, or more than seven days in a year;

(3) repeatedly violating work discipline or failing to perform work duties, and still refusing to change after repeated education;

(four) in violation of social ethics, resulting in adverse social impact;

(five) failing to stop or report the suspected illegal and criminal acts or personnel in time;

(six) major criminal cases and major public security accidents caused by dereliction of duty;

(seven) complaints from all walks of life or the masses have been verified;

(eight) by the superior informed criticism for many times;

(nine) the physical and mental condition is not suitable for continuing to engage in police auxiliary work;

(ten) for other reasons, it is not suitable to continue to engage in police auxiliary work.

Article 40 In case of a labor dispute between a public security organ and an employee, the parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation.

Article 41 If a public security organ uses police auxiliary personnel, it may set up a labor dispute mediation committee in accordance with the relevant provisions of the state.

Chapter VII Supplementary Provisions

Forty-second local public security organs can formulate specific implementation rules for the management of police auxiliary personnel in light of local work conditions.

Article 43 The Ministry of Public Security shall be responsible for the interpretation of these Measures.

Article 44 These Measures shall come into force as of the date of promulgation.