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Regulations of the People's Republic of China on the Police Ranks of the People's Police [Revised]
中华人民共和国人民警察警衔条例 [已被修订]
【法宝引证码】
 
  

Order of
the President of the People's Republic of China

(No. 59)

The Regulations
of the People's Republic of China on the Police Ranks of the People's Police,
as adopted at the 26th Session of the Seventh Standing Committee of the
National People's Congress of the People's Republic of China on July 1, 1992, are hereby issued and shall come into
force as of the date of issuance.

President
of the People's Republic of China: Yang Shangku

July 1,
1992

REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE POLICE RANKS OF THE PEOPLE'S POLICE

 

中华人民共和国主席令
(第五十九号)


《中华人民共和国人民警察警衔条例》已由中华人民共和国第七届全国人民代表大会常务委员会第二十六次会议于1992年7月1日通过,现予公布,自公布之日起施行。

中华人民共和国主席 杨尚昆
1992年7月1日

中华人民共和国人民警察警衔条例

CHAPTER I GENERAL PROVISIONS

 第一章 总则


Article 1 These Regulations are formulated in accordance with the Constitution, with a view to strengthening the revolution, modernization and standardization of the contingent of the people's police, enhancing their sense of responsibility, sense of honour and sense of discipline and facilitating their command and management as well as the performance of their duty.
   第一条 为了加强人民警察队伍的革命化、现代化、正规化建设,增强人民警察的责任心、荣誉感和组织纪律性,有利于人民警察的指挥、管理和执行职务,根据宪法,制定本条例。
Article 2 A system of police ranks shall be practised for the people's police. The police ranks of the Chinese People's Armed Police Force shall be governed by the provisions of Article 32 of the Regulations on the Military Ranks of Officers of the Chinese People's Liberation Army.
   第二条 人民警察实行警衔制度。中国人民武装警察部队的警衔,依照《中国人民解放军军官军衔条例》第三十二条的规定执行。
Article 3 The police ranks are titles and insignias that mark off the different ranks and status of the people's police and represent the honour the State bestows on them.
   第三条 警衔是区分人民警察等级、表明人民警察身份的称号、标志和国家给予人民警察的荣誉。
Article 4 The police ranks of the people's police shall follow a scheme of police ranks graded in correspondence with post levels.
   第四条 人民警察实行警察职务等级编制警衔。
Article 5 The people's police with higher police ranks shall be the superiors of those with lower ranks. Where a policeman (woman) with a higher rank is subordinate, in respect of post, to a policeman (woman) with a lower rank, the latter shall be the superior.
   第五条 警衔高的人民警察对警衔低的人民警察,警衔高的为上级。当警衔高的人民警察在职务上隶属于警衔低的人民警察时,职务高的为上级。
Article 6 The Ministry of Public Security shall be in charge of the work concerning the police ranks.
   第六条 公安部主管人民警察警衔工作。
CHAPTER II CLASSIFICATION OF THE POLICE RANKS
 

第二章 警衔等级的设置


Article 7 The police ranks of the people's police are classified into the following five ranks with thirteen classes:
   第七条 人民警察警衔设下列五等十三级:
(1) Commissioner-General, Deputy Commissioner-General;
 (一)总警监、副总警监;
(2) Commissioner: First Class, Second Class, Third Class;
 (二)警监:一级、二级、三级;
(3) Supervisor: First Class, Second Class, Third Class;
 (三)警督:一级、二级、三级;
(4) Superintendent: First Class, Second Class, Third Class;
 (四)警司:一级、二级、三级;
(5) Constable: First Class, Second Class.
The police ranks of the people's police holding specialized and technical posts shall be preceded by "specialized and technical."
 (五)警员:一级、二级。
担任专业技术职务的人民警察的警衔,在警衔前冠以“专业技术”。
Article 8 The police ranks corresponding to the different levels of administrative posts held by the people's police shall follow the below scheme:
   第八条 担任行政职务的人民警察实行下列职务等级编制警衔:
(1) Post at the level of minister: Commissioner-General;
 (一)部级正职:总警监;
(2) Post at the level of vice-minister: Deputy Commissioner-General;
 (二)部级副职:副总警监;
(3) Post at the level of director of department: Commissioner First Class or Commissioner Second Class;
 (三)厅(局)级正职:一级警监至二级警监;
(4) Post at the level of deputy director of department: Commissioner Second Class or Commissioner Third Class;
 (四)厅(局)级副职:二级警监至三级警监;
(5) Post at the level of director of division: from Commissioner Third Class down to Supervisor Second Class;
 (五)处(局)级正职:三级警监至二级警督;
(6) Post at the level of deputy director of division: from Supervisor First Class down to Supervisor Third Class;
 (六)处(局)级副职:一级警督至三级警督;
(7) Post at the level of chief of section: from Supervisor First Class down to Superintendent First Class;
 (七)科(局)级正职:一级警督至一级警司;
(8) Post at the level of deputy chief of section: from Supervisor Second Class down to Superintendent Second Class;
 (八)科(局)级副职:二级警督至二级警司;
(9) Post at the level of section staff (Sergeant): from Supervisor Third Class down to Superintendent Third Class;
 (九)科员(警长)职:三级警督至三级警司;
(10) Post at the level of office clerk (Constable): from Superintendent First Class down to Constable Second Class.
 (十)办事员(警员)职:一级警司至二级警员;
Article 9 The police ranks corresponding to the different levels of specialized and technical posts held by the people's police shall follow the below scheme:
   第九条 担任专业技术职务的人民警察实行下列职务等级编制警衔:
(1) Senior specialized and technical posts: from Commissioner First Class down to Supervisor Second Class;
 (一)高级专业技术职务:一级警监至二级警督;
(2) Intermediate specialized and technical posts: from Supervisor First Class down to Superintendent Second Class;
 (二)中级专业技术职务:一级警督至二级警司;
(3) Junior specialized and technical posts: from Supervisor Third Class down to Constable First Class.
 (三)初级专业技术职务:三级警督至一级警员;
CHAPTER III INITIAL CONFERMENT OF THE POLICE RANKS
 

第三章 警衔的首次授予


Article 10 The police ranks shall be conferred on the people's police according to the scheme of ranks graded in correspondence with post levels.
   第十条 人民警察警衔按照人民警察职务等级编制警衔授予。
Article 11 The conferment of a police rank shall go by the conferee's present post, political integrity, ability, period of holding the present post as well as seniority.
   第十一条 授予人民警察警衔,以人民警察现任职务、德才表现、担任现职时间和工作年限为依据。
Article 12 The people's police recruited from school graduates, or from the society through examinations, or transferred from other departments shall be conferred on the police ranks that correspond to their respective posts assigned to.
   第十二条 从学校毕业和从社会上招考录用担任人民警察的,或者从其他部门调任人民警察的,根据确定的职务,授予相应的警衔。
Article 13 The initial conferment of the police ranks on the people's police shall be approved according to the limits of authority prescribed as follows:
   第十三条 首次授予人民警察警衔,按照下列规定的权限予以批准:
(1) Ranks of Commissioner-General, Deputy Commissioner-General, Commissioner First Class and Commissioner Second Class shall be subject to the approval of and be conferred by the Premier of the State Council;
 (一)总警监、副总警监、一级警监、二级警监由国务院总理批准授予;
(2) Ranks of Commissioner Third Class and Supervisors shall be subject to the approval of and be conferred by the Minister of Public Security;
 (二)三级警监、警督由公安部部长批准授予;
(3) Ranks of Superintendents shall be subject to the approval of and be conferred by the directors of the public security departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government;
 (三)警司由省、自治区、直辖市公安厅(局)厅(局)长批准授予;
(4) Ranks of Constables shall be subject to the approval of and be conferred by the directors of the political departments of the public security departments (bureaus) of provinces, autonomous regions and municipalities directly under the Central Government.
The ranks of Superintendents and Constables in the offices of the Public Security Ministry as well as organs under its direct jurisdiction shall be subject to the approval of and be conferred by the Director of the Political Department of the Public Security Ministry.
 (四)警员由省、自治区、直辖市公安厅(局)政治部主任批准授予。
公安部机关及其直属机构的警司、警员由公安部政治部主任批准授予。
CHAPTER IV PROMOTION OF THE POLICE RANKS
 

第四章 警衔的晋级


Article 14 The people's police with ranks of no higher than Supervisor Second Class shall be promoted within the range of the police ranks corresponding to their post levels and according to the intervals and qualifications prescribed in this Article.
Intervals for promotion in ranks: each promotion to the next higher class requires an interval of three years for those holding ranks from Constable Second Class to Superintendent First Class; each promotion to the next higher class requires an interval of four years for those holding ranks from Superintendent First Class to Supervisor First Class. The periods during which the people's police receive in-service training in schools or academies shall be included in the intervals for the promotion in their ranks.
Qualifications for promotion in ranks: (1) implementation of laws, regulations and policies of the State, and observance of laws and discipline; (2) competence for the post; (3) maintenance of close ties with the masses, honesty in performing official duties, and decency and uprightness.
At the end of an interval for promotion, those who are qualified for promotion after appraisal shall be promoted to the next higher class; those who are not qualified for promotion shall receive a deferred promotion. Those who have rendered outstanding services may be promoted ahead of time.
   第十四条 二级警督以下的人民警察,在其职务等级编制警衔幅度内,根据本条规定的期限和条件晋级。
晋级的期限:二级警员至一级警司,每晋升一级为三年;一级警司至一级警督,每晋升一级为四年。在职的人民警察在院校培训的时间,计算在警衔晋级的期限内。
晋级的条件:(一)执行国家的法律、法规和政策,遵纪守法;(二)胜任本职工作;(三)联系群众,廉洁奉公,作风正派。
晋级期限届满,经考核具备晋级条件的,应当逐级晋升;不具备晋级条件的,应当延期晋升。在工作中有突出功绩的,可以提前晋升。
Article 15 Selective promotion in the police ranks for the people's police with ranks of Supervisor First Class or above shall be conducted within the range of the police ranks corresponding to their post levels and in the light of their political integrity and ability, as well as their actual performance.
   第十五条 一级警督以上的人民警察的警衔晋级,在职务等级编制警衔幅度内,根据其德才表现和工作实绩实行选升。
Article 16 Where, because of promotion in post, the police rank of a people's policeman (woman) is lower than the minimum rank prescribed in the scheme for his or her new post, he or she shall be promoted to that minimum rank correspondingly.
   第十六条 人民警察由于职务提升,其警衔低于新任职务等级编制警衔的最低警衔的,应当晋升至新任职务等级编制警衔的最低警衔。
Article 17 Superintendents may be promoted to Supervisors, and Supervisors to Commissioners only when they have received appropriate training in relevant people's police schools or academies and proved qualified thereafter.
   第十七条 警司晋升警督,警督晋升警监,经相应的人民警察院校培训合格后,方可晋升。
Article 18 The limits of authority for approving promotions in the police ranks of the people's police shall be governed by the provisions regarding the limits of authority for approving conferment prescribed in Article 13 herein. Where Superintendents and Constables are promoted ahead of time, the promotion shall be subject to the approval of the Director of the Political Department of the Public Security Ministry.
   第十八条 人民警察警衔晋级的批准权限适用第十三条批准权限的规定。警司、警员提前晋升的,由公安部政治部主任批准。
CHAPTER V RETENTION, DEMOTION AND DEPRIVATION OF THE POLICE RANKS
 

第五章 警衔的保留、降级、取消


Article 19 The people's police who have retired, as or not as veteran cadres, may retain their police ranks, but shall not wear the insignias thereof.
The people's police who are transferred out of their post as police, or resign from or quit their office shall not retain their police ranks.
   第十九条 人民警察离休、退休的,其警衔予以保留,但不得佩带标志。
人民警察调离警察工作岗位或者辞职、退职的,其警衔不予保留。
Article 20 When a people's policeman (woman) is demoted to a lower post for his or her incompetence at the current post, and, if his or her police rank is higher than the maximum rank as prescribed in the scheme for his or her new post, his or her rank shall be adjusted to that maximum rank correspondingly. The limits of authority for approving such rank adjustment shall be the same as those for approving the original rank.
   第二十条 人民警察因不胜任现任职务被调任下级职务,其警衔高于新任职务等级编制警衔的最高警衔的应当调整至新任职务等级编制警衔的最高警衔。调整警衔的批准权限与原警衔的批准权限相同。
Article 21 The people's police who violate the police discipline may be punished with a demotion in the police ranks. The limits of authority for approving such demotion in ranks shall be the same as those for approving the original rank. Once a people's policeman (woman) is punished with a demotion in rank, the interval for his or her promotion in the police ranks shall be computed anew on the basis of the police rank he or she holds after demotion.
Demotion in the police ranks of the people's police shall not be applied to Constables Second Class.
   第二十一条 人民警察违犯警纪的,可以给予警衔降级的处分。警衔降级的批准权限与原警衔的批准权限相同。人民警察受警衔降级处分后,其警衔晋级的期限按照降级后的警衔等级重新计算。
人民警察警衔降级不适用于二级警员。
Article 22 The people's police who are expelled from public service shall be deprived of their police ranks accordingly.
The people's police who commit crimes and are sentenced to deprivation of political rights or to fixed-term imprisonment or more serious criminal punishments shall be deprived of their police ranks accordingly.
The provisions in the preceding paragraph shall apply to the retired people's police who commit crimes.
   第二十二条 人民警察被开除公职的,其警衔相应取消。
人民警察犯罪,被依法判处剥夺政治权利或者有期徒刑以上刑罚的,其警衔相应取消。
离休、退休的人民警察犯罪的,适用前款的规定。
CHAPTER VI SUPPLEMENTARY PROVISIONS
 

第六章 附则


Article 23 These Regulations shall apply to the police ranks of the people's police who work in the State security departments and the reform-through-labour and rehabilitation-through-labour institutions, as well as to the judicial police in the people's courts and the people's procuratorates.
The limits of authority for approving conferment of and promotion in the police ranks of the people's police in the State security departments and the reform-through-labour and rehabilitation-through-labour institutions shall be prescribed by the State Council.
The limits of authority for approving the conferment of and promotion in the police ranks of the judicial police shall be prescribed by the Supreme People's Court and the Supreme People's Procuratorate with reference to these Regulations.
The police rank system shall not be practised for the personnel who do not hold police posts in the public security departments, the State security departments, and the reform-through-labour and rehabilitation-through-labour institutions.
   第二十三条 国家安全部门、劳动改造劳动教养管理部门的人民警察,人民法院、人民检察院的司法警察的警衔工作适用本条例。
国家安全部门、劳动改造劳动教养管理部门的人民警察警衔授予和晋级的批准权限,由国务院规定。
司法警察警衔授予和晋级的批准权限,由最高人民法院、最高人民检察院参照本条例规定。
公安部门、国家安全部门和劳动改造劳动教养管理部门中不担任人民警察职务的人员,不实行警衔制度。
Article 24 The patterns of the insignias for the police ranks and the way of wearing them shall be drawn up by the State Council.
   第二十四条 人民警察警衔标志的式样和佩带办法,由国务院制定。
Article 25 The measures for the implementation of these Regulations shall be formulated by the State Council.
   第二十五条 本条例的实施办法由国务院制定。
Article 26 These Regulations shall go into effect as of the date of promulgation.   第二十六条 本条例自公布之日起施行。
     
     
【法宝引证码】        北大法宝www.lawinfochina.com
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