Draft proposed to update public security administration law

China Daily Updated: 2023-08-30



A draft revision to the Law on Penalties for Administration of Public Security proposes the addition of acts such as flying drones without approval and dropping objects from buildings to the list of acts that harm public security and stipulates relevant punishments.

The draft is being deliberated by lawmakers at the fifth session of the Standing Committee of the 14th National People's Congress, the top legislature, with the aim of improving the maintenance of law and order in the country.

The draft proposes to prohibit the unauthorized operation of unmanned aerial vehicles, aviation sports equipment, or launching unmanned free balloons, tethered balloons and other objects ascending into the sky. If the case's circumstances are serious, offenders will be detained for five to 10 days.

When explaining the draft to the session's lawmakers, Minister of Justice He Rong said that the current Law on Penalties for Administration of Public Security, which has been in effect since March 1, 2006, has played an important role in maintaining social order, ensuring public safety, and protecting the legitimate rights and interests of individuals, legal persons, and organizations.

Yet, with the deepening of the comprehensive rule of law and the changes in the social public security situation, some problems have been discovered in the work, which urgently need to be addressed by amending and improving this law, she said.

New situations and problems have emerged in the field of social public security management in China. Issues such as dropping objects from buildings, unauthorized flying of drones, "soft violence", and the infringement of personal information rights need to be included in the law, she said.

As the level of modernization of the national governance system and governance capacity continues to improve, some good mechanisms and practices in public security administration need to be confirmed through the law. Furthermore, the procedures for public security management punishment need to be optimized and improved, she said.

The minister said that the draft law aims to effectively resolve conflicts and disputes to maintain social order. It also coordinates with other laws, such as the newly revised Administrative Punishment Law, to further establish reasonable punishment measures and their extent, and optimize the punishment procedures.

The draft also stipulates that offenders aged between 14 and 18 shall be given lenient punishment. If the offender is under 14 years old, they will not be punished; instead, their guardians shall be ordered to tighten their discipline.

Acts that harm the rights and interests of minors, such as luring, harboring, or introducing minors into prostitution or drugs, shall be severely punished, according to the draft.

While interrogating a juvenile suspect under 16 years old, and one of the suspect's parents or other guardians are unable to be present, the suspect should be accompanied by other eligible adults, such as other adult relatives, representatives from their school or the community that they live in, according to the draft.

The draft adds provisions on the sealing of records of minors' violations of public security administration. Such records shall not be provided to any unit or individual, except for the needs of supervisory and judicial authorities for handling cases and other inquiries by State authorities.

Additionally, the draft stipulates the circumstances and punishments for those involved in cheating in exams organized by the government such as the gaokao (college entrance examination), or the civil servant entrance examination.

People who organize cheating, provide cheating equipment, sell or provide exam questions or answers, substitute for others or hire others to take the exam on one's own behalf, shall be fined or be detained for five to 15 days.

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