The Draft Amendment to the Public Security Management Punishment Law is submitted for deliberation for the first time, and these highlights deserve attention

The draft amendment to the Public Security Management Punishment Law will be submitted to the Fifth Session of the Standing Committee of the Fourteenth National People’s Congress for initial deliberation. As a law that maintains social order, protects citizens’ personal and property safety, and promotes social harmony and stability, the Public Security Management Punishment Law is closely related to citizens’ social life.

Adding several types of behaviors that should be punished, strengthening the protection of minors, optimizing and improving the punishment procedure… What are the highlights of the draft revision of the Public Security Management Punishment Law? “Xinhua Viewpoint” reporter sorted out.

Aspect 1: Add several behaviors that should be punished

The current Public Security Management Punishment Law came into effect on March 1, 2006, and was revised in 2012. In the past 17 years, my country’s economic and social development has undergone significant changes, and the Public Security Management Punishment Law has been revised and improved to better adapt to the needs of the new era and new situation.

The revised draft adds several punishable behaviors, including cheating in exams, organizing pyramid schemes for leaders, obstructing the driving of public transport by taking the steering wheel, raising Kongming lanterns with open flames, throwing objects at high altitudes, and “black flying” of drones. “, Illegal use of wiretapping and photographing equipment, etc.

Zhan Zhongle, a professor at Peking University Law School, said that with the continuous development and evolution of economy, society, and technology, social security issues are also showing a trend of diversification and complexity, and legal responses are urgently needed.

For example, in recent years, drones have been widely used in monitoring, agriculture, rescue and other fields. At the same time, the “black flying” of drones also has potential safety hazards. “The draft regulates the phenomenon of ‘black flying’ of drones, which is expected to fill a similar gap in public security management.” Zhan Zhongle said.

The draft adds the illegal sale or provision of citizens’ personal information as an act of violating personal and property rights and imposes penalties, and the illegal use of wiretapping and photographing equipment is added as an act that hinders social management and is punished.

“Illegal theft of privacy has become the main way of violating personal privacy and illegally obtaining personal information and other illegal and criminal acts. It is also one of the sources of criminal chains such as telecom and network fraud and extortion.” The Civil Code has stipulated legal responsibilities for violations of personal privacy. The establishment of administrative legal responsibilities this time will help to achieve an all-round crackdown on such illegal activities and full-process regulation.

“Although the criminal law has clearly stipulated the crime of illegally using special equipment for wiretapping and stealing photos, sometimes it does not cause serious consequences and does not constitute a crime. This time, the illegal use and provision of special equipment such as wiretapping and stealing photos are added as crimes that hinder social management. Behavior, can better realize the transition of execution.” Wang Jingbo, a professor at Heilongjiang University, believes.

The person in charge of the Legislative Affairs Bureau of the Ministry of Public Security stated that the draft adapts to the needs of the development of the public security situation, is problem-oriented, incorporates emerging behaviors that affect social security into the scope of management, weaves a dense legal net, and further optimizes and improves the procedures for handling public security cases. The regulations provide a more comprehensive legal guarantee for the public security organs to maintain social order, ensure public safety, and protect the legitimate rights and interests of citizens, legal persons, and other organizations.

Aspect 2: Strengthen the protection of minors

In the revised draft submitted for consideration, strengthening the protection of minors is an important aspect of the revision. These include clearly stipulating heavier penalties for acts involving damage to the rights and interests of minors; adding provisions on minors violating the security management record sealing system, etc.

– Acts that harm the rights and interests of minors shall be severely punished.

The draft proposes that anyone who lures, shelters, or introduces minors to prostitution, who involves minors in relevant obscene materials or information, or organizes minors to play obscene audio and video, lures, instigates, deceives, or forces minors to smoke, Those who inject drugs will be “severely punished.”

– Records of minors violating public security management are sealed up.

The draft stipulates that for persons under the age of 18 when violating public security management, the records of violating public security management shall be sealed and shall not be provided to any unit or individual. except. Units conducting inquiries in accordance with the law shall keep confidential the circumstances of the sealed illegal records.

Guan Yanjie, an associate professor at the People’s Public Security University of China, believes that the draft adds human rights protection measures such as sealing up minors’ violations of public security management records, so as to prevent information leakage caused by improper management of minors’ criminal records and related records in practice, and try to prevent these minors from committing crimes in the future. It is affected in examinations, further education, employment, and life.

——Minors who have reached the age of 14 but have not yet reached the age of 16 may be subject to administrative detention if they violate the law more than twice within a year.

Aiming at the fact that those violating public security management who have reached the age of 14 but not the age of 16 have repeatedly violated the law, if they do not carry out administrative detention and punishment, it is difficult to effectively punish and rescue the reality. A minor who violates public security management twice or more within a year may be punished by administrative detention.

“Punishment is not only punishment, but also education.” Wang Jing, a professor of the Department of Political Science and Law of the Central Party School (National School of Administration), believes that the necessary punishment for his illegal behavior is to make him know his mistakes and correct them through punishment, so as to avoid slipping from breaking the law into the abyss of crime important institutional arrangements.

In addition, the draft also stipulates that when interrogating a person who violates public security management under the age of 16, if his parents or other guardians cannot be present, other appropriate adults may be notified to be present. “The draft is oriented to practical issues, and solves the dilemma of interrogating people who violate public security management under the age of 16 without the presence of guardians. Operability.” Wang Jing said.

Aspect 3: Reasonable setting of punishment measures and range

According to the relevant person in charge of the Legal Affairs Bureau of the Ministry of Public Security, the revised draft adheres to the principle of combining education and punishment, pays attention to the positive role of reconciliation and mediation, and clarifies that parties who meet the statutory requirements for minor violations reach a reconciliation or mediation agreement and perform it, and will not be punished. Establishing a lenient system for admitting mistakes and accepting punishment and a fast-handling system, clarifying the requirements for interpretation and reasoning in handling public security cases, has an important normative role in resolving conflicts and disputes in a timely manner for public security organs and promoting social harmony.

——It is proposed to provide for lenient punishment for admitting mistakes.

The draft adds provisions for lighter punishments and establishes a leniency system for admitting mistakes and admitting punishments. Chen Tianhao, deputy director of the Government Legal Research Center of the School of Public Administration of Tsinghua University, believes that the new regulations added in the draft provide incentives for violators to actively take measures to resolve conflicts and correct illegal behaviors, which is conducive to activating the internal drive of violators to consciously abide by the law, reducing the Law enforcement costs.

——Give full play to the positive role of reconciliation and mediation.

The draft also stipulates for the first time that for minor violations of public security management such as fighting or damaging other people’s property caused by civil disputes, if the parties themselves reconcile or reach an agreement through the mediation of the people’s mediation committee and perform it, and the written application is approved by the public security organ, no punishment shall be imposed. .

“This provision, while maintaining the seriousness of ‘violations should be punished by law’, at the same time guarantees that the parties in the case of public security management punishment with minor circumstances can independently dispose of their own rights, ensures that the public security law enforcement is warm, and further promotes social harmony. .” Wang Jing said.

——Increase the circumstances under which administrative detention may be suspended.

The draft stipulates that if the punished person refuses to accept the administrative detention punishment decision, applies for administrative reconsideration, or institutes an administrative lawsuit, or encounters situations such as taking an entrance examination for higher education, the birth of a child, or the death of a close relative who is critically ill or dead, he may file an application for the suspension of administrative detention. If the statutory conditions are met, the public security organ may suspend the execution of the administrative detention penalty decision.

Chen Tianhao said that the draft demonstrates the temperature of the rule of law with empathy, showing the care of the social community for every citizen, which is conducive to activating the endogenous normative order of society, avoiding social anomie, promoting social harmony, and thus improving the effectiveness of comprehensive social governance .

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