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What enforcement power do the police and the rule of law websites have?
Article 9 of the People's Police Law stipulates that, in order to maintain social order, the people's police of public security organs may interrogate and inspect persons suspected of committing crimes on the spot upon showing corresponding certificates; After cross-examination and inspection, in any of the following circumstances, with the approval of the public security organ, it may be taken to the public security organ for further cross-examination:
(1) Accused of a criminal act;
(2) Being suspected of committing a crime on the spot;
(3) Having an unidentified suspect;
(4) The articles carried may be stolen goods.
2. Summons and compulsory summonses
Article 82 of the Law on Public Security Administration Punishment stipulates that the people's police may summon the violator of public security administration found on the spot orally after showing his work certificate, but it shall be indicated in the inquiry record. A person who refuses to accept a summons or evades it without justifiable reasons may be summoned by force.
Article 119 of the Criminal Procedure Law stipulates that a criminal suspect who does not need to be arrested or detained may be summoned to the designated place of the city or county where the criminal suspect is located or to his residence for interrogation, but the documents of the people's procuratorate or the public security organ shall be produced. A criminal suspect found at the scene may be summoned orally, but it shall be indicated in the interrogation record.
Article 67 of the Provisions on Procedures of Public Security Organs for Handling Administrative Cases stipulates that illegal suspects who violate public security management, fire safety management and exit-entry management and other illegal suspects who can be summoned according to law may be summoned by force with the approval of the police station, the case-handling department of the public security organ at or above the county level or the person in charge of the exit-entry frontier inspection organ. When forced to summon, you can use binding police equipment such as handcuffs and police ropes according to law.
Step 3 check and search
Article 87 of the Law on Public Security Administration Punishment stipulates that public security organs may inspect places, articles and personnel related to violations of public security administration. If an immediate inspection is really necessary, the people's police may produce their work certificates and conduct on-site inspections.
Article 136 of the Criminal Procedure Law stipulates that in order to collect criminal evidence and arrest criminals, investigators may search the bodies, articles, residences and other relevant places of criminal suspects and people who may hide criminals or criminal evidence.
Article 137 of the Criminal Procedure Law stipulates that any unit or individual has the obligation to hand over physical evidence, documentary evidence, audio-visual materials and other evidence that can prove the criminal suspect's guilt or innocence according to the requirements of the people's procuratorate and the public security organ.
4 Pre-trial detention
Article 82 of the Criminal Procedure Law stipulates that the public security organ may detain a flagrante delicto or a major suspect in any of the following circumstances:
(1) Being prepared to commit a crime, committing a crime or being discovered immediately after committing a crime;
(2) The victim or a witness on the spot identifies him as a criminal;
(3) criminal evidence is found around him or at his residence;
(four) attempted suicide, escape or escape after committing a crime;
(5) It is possible to destroy or forge evidence or collude with others;
(six) do not speak the real name and address, the identity is unknown;
(7) Being seriously suspected of committing crimes on the run, committing crimes for many times or committing crimes in association.
On-the-spot law enforcement right for illegal and criminal activities involving cars, drugs and mental patients.
5 Inspection and testing
Article 87 of the Road Traffic Safety Law stipulates that the traffic administrative department of the public security organ and its traffic police shall promptly correct the illegal acts of road traffic safety.
Article 105 of the Regulations for the Implementation of the Road Traffic Safety Law stipulates that motor vehicle drivers who are suspected of drinking, getting drunk or taking state-controlled psychotropic drugs and narcotic drugs shall be inspected.
Article 32 of the Anti-Drug Law stipulates that the public security organ may conduct necessary tests on drug suspects, and the detected person shall cooperate; Refuse to accept the test, with the approval of the person in charge of the public security organ of the people's government at or above the county level or its dispatched office, compulsory testing can be carried out.
Article 95 of the Procedures for Handling Administrative Cases by Public Security Organs stipulates that people suspected of driving a motor vehicle after drinking alcohol should be tested for breath alcohol. In any of the following circumstances, blood samples should be taken immediately to test the blood alcohol content:
(a) the parties have objections to the breath alcohol test results;
(two) the parties refused to cooperate with the breath alcohol test;
(three) suspected of drunk driving a motor vehicle;
(four) suspected of driving a motor vehicle after drinking and causing a traffic accident.
Take protective measures
Article 15 of the Law on Public Security Administration Punishment stipulates that drunken people who are dangerous to themselves or threaten others' personal, property or public safety should take protective measures to restrain them until they are sober.
Article 14 of the People's Police Law stipulates that the people's police of public security organs may take protective and restrictive measures against mental patients who seriously endanger public security or the personal safety of others.
On-site law enforcement power to deal with emergencies
7 Use warning tape
Article 5 of the Administrative Measures for the Use of Warning Belts by Public Security Organs stipulates that when performing their duties, public security organs and their people's police may use warning tapes in the following places with the approval of the person in charge of the public security organs according to the needs of the scene:
(a) the need for safety work;
(2) Places for assembly, procession and demonstration;
(3) the scene of public security incidents;
(4) The scene of a criminal case;
(5) Traffic accident site or traffic control;
(six) the scene of the disaster accident;
(seven) the blasting site or the actual (trial) inspection of dangerous goods;
(eight) the scene of major cultural, sports, commercial and other activities;
(nine) other places where warning belts need to be used.
Article 50 of the Law on Public Security Administration Punishment stipulates that anyone who commits one of the following acts shall be given a warning or fined not more than 200 yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(a) refusing to implement the decisions and orders issued by the people's government in an emergency;
(two) hinder the staff of state organs to perform their duties according to law;
(3) obstructing the passage of fire engines, ambulances, engineering rescue vehicles, police cars and other vehicles performing emergency tasks;
(four) forcibly broke into the warning tape and the warning zone set up by the public security organs. Whoever obstructs the people's police from performing their duties according to law shall be given a heavier punishment.
8 Traffic control
Article 15 of the People's Police Law stipulates that the public security organs of the people's governments at or above the county level may, in order to prevent and stop acts that seriously endanger public order, restrict people and vehicles from passing or staying in a certain area and time, and may implement traffic control when necessary.
9 field control
Paragraph 1 of Article 17 of the People's Police Law stipulates that the public security organs of the people's governments at or above the county level may, according to the situation and with the approval of the public security organs at higher levels and the people's governments at the same level, conduct on-site control over emergencies that seriously endanger public order.
10 forcibly removed from the scene, forcibly dispersed, and immediately detained.
Article 8 of the People's Police Law stipulates that the people's police of public security organs may forcibly take people away from the scene, detain them according to law or take other measures prescribed by law.
Paragraph 2 of Article 17 of the People's Police Law stipulates that the people's police of public security organs may, in accordance with the provisions of the preceding paragraph, take necessary measures to forcibly disperse, forcibly take those who refuse to obey away from the scene or immediately detain them.
1 1 Use police equipment
Article 7 of the Regulations on the Use of Police Equipment and Weapons by the People's Police stipulates that in any of the following circumstances, if the warning fails, the people's police can use batons, tear gas, high-pressure water guns, riot guns, etc. to drive away and subdue police equipment:
Fighting in groups, beating, provoking troubles, insulting women or committing other hooliganism;
(2) Gathering people to disturb the order of public places such as stations, docks, civil aviation stations and sports fields;
(3) Illegal assembly, procession and demonstration;
(4) Forcibly crossing the cordon set by the people's police performing their duties;
(5) resisting or obstructing the people's police from performing their duties according to law by violent means;
(6) Attacking the people's police;
(seven) other acts endangering public security, social order and the personal safety of citizens, which need to be stopped on the spot;
(eight) other circumstances in which police equipment can be used as stipulated by laws and administrative regulations.
The use of police equipment by the people's police in accordance with the provisions of the preceding paragraph is limited to stopping illegal and criminal acts; When illegal and criminal acts are stopped, they should be stopped immediately.
On-site law enforcement right against illegal assembly, procession and demonstration
12 forcibly dispersed, forcibly taken away from the scene, and immediately detained.
Article 27 of the Law on Assemblies, Processions and Demonstrations stipulates that the people's police shall stop assemblies, processions and demonstrations in any of the following circumstances:
(1) Failing to apply in accordance with the provisions of this Law or failing to obtain permission for the application;
(2) Failing to follow the purpose, mode, slogan, starting and ending time, place and route permitted by the competent authority;
(three) in the process of endangering public security or seriously undermining social order.
Under any of the circumstances listed in the preceding paragraph, the person in charge of the people's police at the scene has the right to order dissolution; If a person refuses to dissolve, the person in charge of the people's police at the scene has the right to decide to take necessary measures to forcibly disperse it in accordance with the relevant provisions of the state, and forcibly take the person who refuses to obey away from the scene or immediately detain him.
If the participants of an assembly, a procession or a demonstration cross the temporary cordon set up in accordance with the provisions of Article 22 of this Law, enter a certain range around the specific places listed in Article 23 of this Law where assemblies, processions and demonstrations are prohibited, or commit other illegal and criminal acts, the people's police may forcibly take them away from the scene or immediately detain them.
13 forcibly sent back to the original place
Article 33 of the Law on Assemblies, Processions and Demonstrations stipulates that if citizens initiate or organize assemblies, processions and demonstrations of local citizens in cities other than their places of residence, the public security organs have the right to detain them or forcibly send them back to their original places.
The Guarantee of Police Exercising Law Enforcement Right on the Spot according to Law
Article 34 of the People's Police Law stipulates that citizens and organizations shall give support and assistance to the people's police in performing their duties according to law. The actions of citizens and organizations to assist the people's police in performing their duties according to law are protected by law. Those who have made remarkable achievements in assisting the people's police in performing their duties shall be commended and rewarded.
Article 35 of the People's Police Law stipulates that whoever refuses or obstructs the people's police from performing their duties according to law and commits one of the following acts shall be given administrative penalties for public security:
(a) openly insulting the people's police who are performing their duties;
(2) obstructing the investigation and evidence collection by the people's police;
(3) refusing or obstructing the people's police from entering the relevant residence or place in pursuit, search, rescue and other tasks;
(four) deliberately set up obstacles for police cars to perform emergency tasks such as emergency rescue, rescue, pursuit and security;
(five) other acts of refusing or obstructing the people's police from performing their duties. Whoever commits the acts listed in the preceding paragraph by violence or threat, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Paragraph 1 of Article 277 of the Criminal Law stipulates that anyone who obstructs a functionary of a state organ from performing his duties according to law by violence or threat shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine. Whoever violently attacks the people's police who perform their duties according to law shall be given a heavier punishment in accordance with the provisions of the first paragraph.
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