Laws and regulations offences against auxiliary police officers

Assault on auxiliary police personnel cannot be dealt with as the crime of obstruction of official duties, because auxiliary police personnel are not civil servants of the State and have no law enforcement authority.

It can only be dealt with in accordance with the law such as assault.

Attached: Public Security Administration Punishment Law Article 43 Whoever assaults another person or intentionally injures another person's body shall be detained for not less than 5 days but not more than 10 days and shall be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

We did not have the crime of assaulting a police officer, but chose the more serious of the crimes of obstruction of official duties and intentional injury.

First of all, there is no crime of assaulting the police in our country, and then beating up a police auxiliary personnel constitutes the crime of obstructing the execution of official duties, and it is an aggravating circumstance. Auxiliary police personnel only do not have the power to enforce the law independently, and there is a clear legal basis for auxiliary police personnel to participate in the performance of official duties under the leadership of the people's police. The easiest, don't you know if you don't believe it?

The Regulations on Police Auxiliary Personnel of Jiangxi Provincial Public Security Organs have been adopted by the 25th meeting of the Standing Committee of the 13th Jiangxi Provincial People's Congress on November 25, 2020, and will come into force on January 1, 2021.

Legal liability. Article 35: Where relevant organs and their staffs abuse their authority, derelict their duties, or twist the law for personal gain in the recruitment or management of auxiliary police, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 36: Where auxiliary police violate the requirements of discipline or the relevant systems for the management of auxiliary police, they are to be given sanctions or sanctions in accordance with the provisions of relevant laws and regulations; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 37: Where the provisions of these Regulations are violated by threatening, insulting, beating, making false accusations, framing or other violations against auxiliary police performing their duties in accordance with law, violating the "Public Security Administration Punishment Law of the People's Republic of China", the public security organs are to give public security administrative sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Where the auxiliary police intentionally or grossly negligently cause harm, after the public security organs compensate for the losses, they shall order the auxiliary police to bear part or all of the compensation costs and give sanctions or dispositions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 39: Where laws or administrative regulations already have provisions on punishment for conduct violating the provisions of these Regulations, apply those provisions.

How is the identity of the auxiliary police determined? What are the job responsibilities of the Auxiliary Police Officer? On November 24, the 36th meeting of the Standing Committee of the 13th Fujian Provincial People's Congress deliberated and passed the "Regulations on the Management of Police Auxiliary Personnel of Fujian Provincial Public Security Organs", which will be officially implemented on January 1 next year.

The Regulations clearly state that auxiliary police refer to "non-people's police personnel who are recruited and managed by public security organs in accordance with law, perform the duties provided for in these Regulations, and provide auxiliary support for public security organs' policing activities and related work". The auxiliary police are divided into service auxiliary police and civilian auxiliary police, and the channels for ensuring the necessary funds such as salaries and benefits and daily management of auxiliary police have been standardized.

For a long time, due to the lack of clarity in the definition of the scope of duties, the auxiliary police have encountered many doubts in the process of assisting the people's police in carrying out their work. By clarifying the duties and responsibilities of the auxiliary police, the Ordinance has given the auxiliary police more confidence to perform their duties in accordance with the law. The "Regulations" stipulate that auxiliary police shall carry out auxiliary police work under the management and supervision of the public security organs, and shall not enforce the law alone or in the name of individuals.

The conduct of auxiliary police in performing their duties in accordance with law is protected by law, and the consequences of auxiliary police's performance of duties are borne by the public security organ to which they belong. At the same time, the "Regulations" make it clear that the auxiliary police shall not conduct case investigation and evidence collection, issue appraisal opinions, determine the responsibility for traffic accidents, shall not make administrative decisions, and shall not keep **, police equipment and other nine aspects.

In view of the problems of low remuneration and insufficient protection for auxiliary police, the "Regulations" not only clarify the rights of auxiliary police to obtain labor remuneration, enjoy welfare and insurance benefits, and enjoy rest and vacation in accordance with the law, but also refine the social security system of auxiliary police, requiring all localities to establish an auxiliary police annuity system in light of actual conditions, and stipulate that auxiliary police health examinations, participation in mass organizations, commendation and awards, bereavement pension preferential treatment, etc., stipulate that public security organs may cooperate with educational institutions such as institutions of higher learning to organize auxiliary police to participate in education to improve academic qualifications. Enhance the overall quality of the auxiliary police force. At the same time, in accordance with the relevant provisions of the state and the province, the public security organs can directly recruit people's police or civilian personnel with a career establishment for the Hengsen Auxiliary Police, which further expands the career development space of the auxiliary police and helps to enhance the sense of professional belonging and honor. In addition, the "Regulations" strictly stipulate the basic conditions that should be met for the recruitment of auxiliary police officers, which reflects the strict control of the "entry gate".

In terms of management and supervision, the "Regulations" stipulate that public security organs shall, in accordance with the duties and nature of their work, implement separate post management for the auxiliary police and the civilian auxiliary police. The "Regulations" clearly prohibit the use of ** and police equipment by auxiliary police officers, but in specific emergency situations, necessary restraint police equipment may be used. At the same time, it also makes corresponding requirements for auxiliary police supervision and punishment mechanisms for violations of rules and disciplines.

Comprehensive丨Fujian** Fujian** Fujian TV Station.