Laws of the Guangdong Province

Regulations of Shenzhen Special Economic Zone on Governing Social Security Comprehensively

 (Adopted at the 25th meeting of the first permanent committee of people' s congress of Shenzhen)

Chapter 1 General Principles

Article 1 In order to maintain the social security order in the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), protect the reform and opening, economic construction in the Special Zone to progress smoothly, these regulations are formulated, on the basis of the specific condition of the Special Zone, according to the Decision on Strengthening the Comprehensive Governance of Social Security made by the National Standing Committee of the People' s Congress.

Article 2  Governing social security comprehensively is an important work of insisting the people's democratic dictatorship, and a common mission of the whole society. It is necessary to mobilize and organize the strength of the whole society, use political, legal, administrative, economic, cultural and educational measures to governing social security and social order comprehensively, strike and prevent illegal activities and crimes, and maintain social stability.

Article 3 The people' s governments at all levels shall put the comprehensive governance of social security in the overall planning of material and spiritual civilization construction and city administration by law, enact a plan of governing social security comprehensively, and administer by objectives. The Committee of Governing Social Security Comprehensively of the Shenzhen Municipality (hereinafter referred to as the municipal committee of comprehensive governance) is established to take charge of governing social security comprehensively in the Shenzhen Special Zone.

Article 4  The organ of public security is the competent department of social security, administers social security according to the provisions of laws and regulations, strikes illegal activities and crimes disturbing social security, and maintains the social order.

Article 5 The comprehensive governance of social security shall comply with the principle of territorial administration and who is in charge, who is responsible; the principle of paying equal attention to strike and prevention while giving priority to prevention; the principle of providing both temporary and fundamental solutions to the problem but lay emphasis on the latter; the principle of leaders taking responsibility of security governance; and the principle of social protection and comforting and encouraging.

Article 6 These regulations shall apply to all units and individuals in the Shenzhen Special Zone.

Chapter 2  Organization, Construction and Responsibility of the Committee of Comprehensive Governance

Article 7  The committee of social security comprehensive governance is established in every district, town and sub-district office to take charge of governing social security comprehensively in its jurisdiction, under the leadership of the municipal committee of comprehensive governance.

The committees of comprehensive governance at all levels shall establish offices to deal with daily work.

Article 8  The main responsibilities of the committee of comprehensive governance are:

1. propagating and carrying through the laws, regulations and relevant provisions on governing social security comprehensively, and implementing relevant decisions of the higher authorities;

2. making the working plan of governing social security comprehensively in its jurisdiction, and organizing the implementation;

3. organizing and harmonizing the law-enforcement of security administration of the law-enforcement department, and administering the prevention measures, group prevention and group governance in every unit comprehensively;

4. examining and supervising the work of security administration of all units and departments, checking and evaluating the leader responsibility system of security administration;

5. investigating and researching, summarizing and promoting experiences, and encouraging the advanced.

The basic-level committee of comprehensive governance shall cooperate with the department of public security to strike illegal activities against security, construct civilized and safe district, guide and help the urban residents' (villagers' ) committee to carry out public security joint defense, and assist relevant department to administer temporary resident population and floating population.

Chapter 3    Strike Illegal Activities and Crimes

Article 9  The organ of public security, prosecution and adjudication shall strike illegal activities and crimes against security by law in their respective scope of legal duties. The criminals, who kill, thieve, rob and swindle, kidnap and blackmail, smuggle and trade in smuggled goods, produce, sell and take drugs, produce, sell and spread obscene objects, gamble, prostitute and go whoring, produce and sell forged notes, thieve and rob, hide guns and ammunition secretly, disturbing social order seriously, shall be punished more heavily and quickly. The schemer, organizer and organized criminal syndicate, committing the above crimes, shall be struck as emphasis. If there is a crime of enterprise as legal person, the legal representative of enterprise shall be investigated criminal responsibility.

The judicial organ shall raise suggestions to relevant department in time upon discovering problems on administering social security while dealing cases.

Article 10 The administrative unit of the administration line of the Special Zone shall let pass persons entering the Special Zone according to laws and regulations of the Special Zone strictly, prohibit persons without legal certifications to enter, handle illegal activities and crimes on the administration line in time, examine and repair dividing equipments of administration line of the Special Zone at regular intervals, and repair damaged equipments and road facilities in time.

Article 11 The organ of public security shall strengthen the power of spying and solving a case, improve its ability of discovering and apprehending criminals, organize peelers to strength patrol in public locations, such as road, station, quay and resident district, and strike illegal activities and crimes of robbing, thieving and swindling in process.

The organ of public security shall strength the communication administration, fire controlling and security administration of special trade in the Special Zone, strengthen security administration of temporary resident population and floating population lived in lets, strengthen safety preventing measures, often clear persons without legal certifications, discover and handle illegal cases against security in time, and clamp down illegal activities according to laws.

Article 12 The organ of public security, prosecution and adjudication shall receive and handle misfeasors and criminals, which are accused, impeached, seized and delivered by citizens, in time; and protect the safety of the person to accuse, impeach, seize and deliver. As to illegal and criminal cases in process, which are reported by citizens, the organ of public security shall arrive at the scene in time, and stop and handle them legally.

Chapter 4 Security Prevention and Group Prevention and Governance

Article 13  The administration department of judicial shall strength the intermediation among people, settle the disputes between civilians, prevent the conflict to become acute; carry out the policy of reeducation and rehabilitation earnestly, improve the quality of reeducation, cooperate with the street, town, relevant department and unit to accomplish the educational of making persons released upon completion of their term of imprisonment and reeducation and rehabilitation to return society; reduce the ratio of committing crime again; accomplish legal service work of promulgating and propagating the laws, notarization and lawyers.

Article 14  The civil administration department shall strengthen the construction of basic regime and people' s autonomy organization, accomplish the acceptance and settlement of relevant persons, administer drug-relief reformatory by law and treat drug addict to give up drug habits; improve the conditions of acceptance house and station gradually, and improve the effect of acceptance education.

Article 15 The administration department of labor shall strengthen the check and supervision of enterprise' s recruitment of workers, accomplish the work of intermediating and handling the disputes between employee and employer, prevent and stop affairs to sharpen conflict; accomplish vocation training and job obtaining for people waiting for employment, provide service to persons, fired by enterprise to be re-employed, and provide employment assistance to persons released upon completion of their term of imprisonment and reeducation and rehabilitation.

Article 16 The administration department for industry and commerce shall strengthen the supervision and administration of terminal markets, maintain good operation order, cooperate with the department of public security to maintain the security order in the market; cooperate with relevant departments to guide and support the people waiting for employment to engage in various proper activities of production and operation; inspect operation and service of special service trades regularly, clamp down firmly illegal operating activities, such as prostitute and go whoring, and gambling.

Article 17  The administration department of literature shall strengthen the administration of literature market, investigate and prosecute various illegal cases in literature operating activities; prohibit firmly literature products with reactionary, nasty content or romancing violence, and clamp down pornographic and gambling behaviors in literature operating activities.

Article 18 The basic-level law-enforcement organization or law-enforcement officers of every administrative function department may unite together on the basis of specific situation, organize and establish the team of social security comprehensive governance, enforce the law and prevent jointly with each other, administer together and fulfill its own duty, under the organization of committee of comprehensive governance of town and street, and actualize the comprehensive governance.

Article 19 Each enterprise, public institution and other social organization shall carry out and implement the decision and arrangement on social security comprehensive governance made by relevant departments; organize and carry out the system of security responsibility of the unit itself, establish and strengthen the interior system of security protection, fulfill measures of safety prevention and security administration, and maintain interior security; accept and improve reasonable suggestions concerning security administration, dissolve interior disputes, reduce unsteady elements; launch education in the law, participate actively in joint prevention of security and comprehensive governance.

Article 20 The labor union, women' s federation, communist youth league, school and enterprise and public institutions shall strengthen ideological education, social public moral education and education in the law to employees, women and the youth, on the basis of their own characteristics, raise all people' s consciousness of governing social security comprehensively, make them obey and maintain social order of comprehensive governance self-consciously.

Article 21 The urban residents' (villagers' ) committee shall launch education in the law and education of safety prevention actively; master the basic situation of residents in its area, cooperate with relevant departments to administer permanent population, temporary population and floating population; report social security situation, and opinions and requirements of residents about the work of administering social security comprehensively to relevant departments; establish and strengthen basic organization of security protection, equip with chairman of security protection, organize units and individuals to accomplish security prevention.

The urban residents' (villagers' ) committee may organize the team of security joint prevention, which is composed of residents (villagers), enterprises and public institutions in its area, launch security patrol activities, cooperate with police substation to maintain security order, and establish district of civilization and safety.

Article 22 The municipal and district committee of comprehensive governance may establish a volunteer team of security patrol, cooperate with constables to patrol in areas, where often have cases, such as busy streets, railway station and long-distance bus station, participate in preventing and stopping illegal activities and crimes, such as fight and scrap, theft, robbery and violence, etc. and report the situation or seize and deliver relevant person, who is related with illegal activities and crimes in process, to the police substation to handle according to law. The specific matters of establishing volunteer team of security patrol shall be reported and approved by the municipal government after drafted by the municipal committee of comprehensive governance, and then be implemented.

Article 23 The department of railway, highway, civil aviation and posts and telecommunications shall strengthen the security administration and mail administration of station, airdrome and quay, examine contraband goods strictly, cooperate with relevant department to stop persons without special zone passport entering the Special Zone; cooperate with the organ of public security to strike illegal activities and crimes, such as robbery, thieving goods and materials, passengers' property in transport and destroying communication, traffic and transport facilities.

Article 24 The proprietors' administration committee of various resident districts shall cooperate with the work of administering social security comprehensively by the committee of comprehensive governance, police substation and residents' (villagers' ) committee in its area, launch security prevention education to residents, administer various residents strictly; fulfill various security prevention measures, combine manpower prevention with scientific prevention, and carry out security joint prevention.

The realty administration company shall strengthen the administration of security protection facilities and improve prevention measures, when hired to administer the realty in the resident district.

Article 25 The news and public opinion departments of newspapers and periodicals, televisions and broadcasting stations shall report important illegal and criminal cases, which are discovered and punished by judicial organ, accurately and in time, propagate model deeds of ready to help others for a just cause and ready to fight with illegal activities and crimes, and effective measures in security prevention, carry forward social justice and strike ugly social phenomenon.

Chapter 5  Responsibility and Evaluation of Security Administration

Article 26  The leader of every unit shall take the responsibility of security administration. The committee of comprehensive governance at all levels shall sign contract on security responsibility with legal representative of every unit, ascertain target responsibility of security administration, and supervise and check the implementation of contract on security responsibility.

Article 27 The committee of comprehensive governance at all levels shall carry out special examination to target responsibility of security administration of every unit in its area at the end of the year, and transfer the result of the examination to relevant department.

Article 28 As to those who have the following situations, the result of the examination of target responsibility of security administration is disqualification:

1. causing the security order in serious chaos in its own district, department and unit, because of failing to fulfill security administration measures;

2. failing to dissolve, handle great unsteady element or interior conflict in its own district and unit, thus causing the affairs to sharpen conflict or serious result which affects the social stability; 

3. causing great cases, which have serious result or disgusting effect, because the leader in charge and person responsible for security fail to fulfill their duties;

4. having great hidden troubles to cause security problem, but without effective improving measures and obvious effect, after being suggested and warned by relevant department.

Article 29  The unit, which is disqualified in the examination of security administration, shall not be awarded the title of comprehensive honor, and shall not be appraised as advanced unit in a year. The leader in charge and person directly liable, shall be revoked their qualifications to be awarded and promoted in that year; leader with limited time of tenancy, shall not be reappointed before the security situation in his district and union becomes improved; and shall be adjusted or deposed from office in time, if he is disqualified in two consecutive examinations.

Article 30 The examination decision of the committee of comprehensive governance shall be passed by 2/3, or above, of the total amount of members.

The letter of examination decision, which is made by the committee of comprehensive governance, shall be delivered to the counterpart and its superior competent department in time.

Article 31 When the unit and individual examined protests the examination decision, he may apply for reconsideration to superior committee of comprehensive governance, within 15 days upon the reception of the decision. The superior committee of comprehensive governance shall make reconsideration decision, within 30 days upon the reception of the reconsideration application.

The unit or individual dealt shall implement the examination decision or reconsideration decision, which is made by the committee of comprehensive governance, self-consciously. Every enforcement department shall implement or adopt the decisions above.

Article 32  The committee of comprehensive governance may give interior notification to unit, which has serious security problem, or cooperate with the news and media unit to report objectively and enhance the scope of education.

Article 33 The municipal and district personnel department, when investigating the achievements of main leader and leader in separate administration of security at all levels, and transacting the work of promotion, shall investigate his ability and actual performance in the work of administering social security comprehensively.

Chapter 6 Social Security

Article 34 As to relevant person, who fight illegal activities and crimes in the Special Zone, he shall be safeguarded according to the following provisions:

1.  If the national public employees and employees of enterprise and public institution, who take part in social insurance and industry accident insurance, are injured because of fighting with illegal activities and crimes, their medical charge shall be paid by the organization of free medical care or social insurance advanced for them, and then be paid back by the violator or their guardian. If the violator or guardian cannot pay the medial charge, the organization of free medical care or social insurance shall pay it according to provisions. Their subsidy of loss of working time shall be paid by employers refer to the salary in the situation of normal attendance.

If they died because of fighting with misfeasors and criminals, their funeral expense and pension shall be paid by their unit, their medical charge shall be handled according to provisions on injury. If they satisfy the qualification of martyr, the unit shall report to relevant department for approval according to provisions; if not, the unit shall transact refer to provisions on dieing on business.

2. If other citizens are injured and died because of fighting with illegal activities and crimes, the district department of civil administration of the place, where the action happens, shall transact refer to the Provisional Statute of Comforting and Compensating Injured and Dead Militia and Civilian Worker. If they meet the requirements of being appraised as the disabled, the department of civil administration shall transact refer to the provisions on the disabled militia and civilian worker in war; if they satisfy the qualification of martyr, the relevant department shall transact according to provisions on martyr.

3. The foundation of social security shall grant certain consolation, prize or comfort and compensation, to those who have outstanding achievements among the above injured and dead.

Article 35  As to person, who is injured because of fighting with illegal activities and crimes, the medical department shall rescue and cure him actively, shall not shuffle the wounded with the reason of condition, expense and others, and so delay the treatment.

Article 36  The funds, required by the work of administering social security comprehensively, shall be contained in the financial budget by the municipal, district and town government, be allocated in special item, be expended under uniform arrangement of the municipal and district committee of comprehensive governance, and be used for set aim.

¡¡¡¡The funds, required by the organization of group prevention and governance, besides the financial allocations, may be collected from the society appropriately, under the precondition of free will, benefit and using the finance directionally, after being reported to the municipal government for approval.

The security funds inside the unit shall be resolved by itself.

Chapter 7 Prize and Punishment

Article 37 As to units and individuals, which meet the following requirements, the people' s government at all levels or relevant department shall give them circulated notice of commendation, record their merits, grant them material award or honorary title; the unit of the individual shall be given prior consideration when promoting rank and position, and appraising the advanced.

1. having prominent achievements in the work of administering social security comprehensively;

2. having prominent deeds of impeaching and exposing illegal activities and crimes, and fighting with misfeasors and criminals;

3. having prominent achievements in preventing and stopping great cases to happen;

4. having prominent achievements in educating, correcting and rescuing misfeasors and criminals, or helping educating and settling persons, who are released upon completion of their terms of imprisonment and reeducation and rehabilitation;

5. their result of theoretic research on administering social security comprehensively is adopted and has prominent social effect;

6. having other great contribution to the work of administering social security comprehensively.

Article 38 If the medical department does not adopt reasonable medical measures in time, and so cause the wounded person, who is injured because of ready to help others for a just, to die or other serious result, relevant department shall, after investigation and verification, investigate the medial department and its person directly liable responsibility. If it constitutes a medical negligence, it shall be handled according to relevant provisions on medical negligence; if it constitutes a crime, the judicial organ shall investigate criminal responsibility according to law.

Article 39   The security administration of lets carries out the system of security responsibility. The lessor and lessee are both persons liable for security, and shall sign the letter of security responsibility with police substation. When they change the lease relationship of house, the parties shall re-sign the letter of security responsibility with police substation. The person liable for security shall take responsibilities strictly in accordance with the letter of responsibility.

If the person liable for security uses let to carry on illegal and criminal activities, he shall be investigated administrative or criminal responsibility; if he uses let as place to provide residence to misfeasors and criminals, and to conceal ill-gotten goods, he shall be punished by the department of public security, according to the Punishment Statute on Security Administration of the People' s Republic of China.

Article 40 The committee of comprehensive governance at all levels and their working personnel shall go deep into reality, colligate the organization management and harmonize, and fulfill their duties and responsibilities, in the work of administering social security comprehensively in their area. If the security problem becomes prominent and social order becomes chaotic because of negligence of duty, the main leader and person in charge shall be investigated administrative responsibility by the local people' s government.

Article 41  The working personnel in the organ of public security and other law-enforcement organ, shall strengthen the construction of their own team, raise the holistic quality. They shall make the laws and disciplines strict, work in accordance with law and accept supervision. They are forbidden to do self-seeking misconduct, abuse their authority, extort and accept bribery and pervert justice for a bribe. Behaviors violating the provisions above shall be handled according to law strictly by relevant department.

The social organization and individual has the right to report behaviors, who violate the law and principle of law-enforcement officers. The meritorious reporting person shall be awarded  according to relevant provisions.

Chapter 8 Supplementary Provision

Article 42  These regulations shall go into effect as of November 1, 1994.