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Regulations of the Shenzhen Special Economic Zone on
Rewarding and Protecting of the Persons Taking Courageous Acts
for a Just Cause
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(Adopted
at the Thirteenth Meeting of the Standing Committee of the
Second Shenzhen Municipal People'
s Congress on February 26,
1997, Shenchangfa No. 17 [1997]) |
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Chapter I General
Provisions
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Article 1 In order to
encourage healthy trends, maintain the law and order of a
society, reward and protect
the persons taking courageous acts
for a just cause, and regulate the public security fund in its
raising, use and management, these regulations are hereby
formulated in accordance with the related law and regulations,
and in the light of the practical conditions of the Shenzhen
Special Zone (hereinafter referred
to as "the Special
Zone" ). |
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Article 2 These
regulations shall apply to rewarding and protecting the persons
who take courageous acts for
a just cause within the Special
Zone; as for rewarding and protecting the citizens of this city
who take courageous acts for a just cause in other places, these
regulations shall be referred to. |
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These regulations shall apply to the courageous acts for
a just cause taken by people' s policemen, armed policemen,
armymen in active service and other public officers of security
when they are out of duty. |
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Article 3 Rewarding
the persons taking courageous acts for a just cause shall follow
the principle of combination
of material awards and moral
encouragement. |
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Article
4 In order to reward and protect the persons taking
courageous acts for a just cause, the Shenzhen municipal public
security fund (hereinafter abbreviated as "the fund" ) shall
be established according to law. |
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The use and management of the fund shall be supervised by
the related departments and the public. |
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Article 5 The
Shenzhen municipal people' s government (hereinafter referred
to as "the municipal people'
s government" ) shall be
responsible for the implementation of these regulations. The
people' s
bank, the departments of public security, civil
administration, health, social insurance, labor, personnel, news
and propaganda shall be responsible for the implementation of
these regulations within the scope
of their respective duties. |
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The Shenzhen public security foundation (hereinafter
referred to as "the foundation' ) shall be an organization
as
a legal person responsible for handling the details of these
regulations. The foundation shall
develop its activities
according to the related law, regulations and the articles of
the foundation. |
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Chapter II Verification
of Courageous Acts for a Just Cause
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Article 6 The courageous
acts for a just cause referred to in these regulations shall
mean: |
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(1)
struggling against breaking the law and committing to a
crime in active encroachment upon the property of the state,
collectives, individuals or the citizens' personal rights so
that the damage is avoided or reduced; |
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(2)
struggling against breaking the law and committing to a
crime in active jeopardizing
of the state security and public order so that the acts
to break the law and to commit to a crime are stopped; |
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(3)
actively assisting the departments of public security,
justice to pursue and capture a criminal suspect or helping
to
solve a major case so that the deeds are outstanding; |
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(4)
taking no notice of personal safety in rushing to deal
with an emergency and making the state property and people'
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lives and property to escape from a
major loss so that the deeds are outstanding and the
impact is considerable. |
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Article 7 The
persons taking courageous acts for a just cause may apply to the |
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foundation
for verification of their courageous acts for a just cause. The
related units and individuals
may also recommend the persons
taking courageous acts for a just cause to the foundation. The
persons
taking courageous acts for a just cause who have been
verified shall enjoy the rewards and protection prescribed
by
these regulations. |
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The applicants and recommenders shall provide their
identification certificates and other certification materials. |
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Article 8 After
receiving an application or recommendation, the foundation shall
promptly send its people
to investigate and verify the
courageous acts for a just cause, and collect and keep the
related
evidence. If the acts are not the courageous acts for a
just cause, the foundation shall inform the applicant or
recommender by a written notice. The materials of investigation
and verification shall be certified
by the department of public
security of the locality where the courageous acts for a just
cause
took place. As for the acts referred to in Item (4) of
Article 6, the materials of investigation and verification
shall
be certified by a legally prescribed responsible department. |
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Article 9 If
the courageous acts for a just cause have not been verified, the
applicants or recommenders may
apply to the foundation for
review. |
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The foundation shall seriously consider a review
application, and reply an applicant or recommender in writing
within 1 month from the date of receiving the application. |
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Chapter III Rewarding
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Article 10 The foundation
shall grant different classes of money awards to the persons
taking courageous acts
for a just cause. The classes, applicable
requirements, and authority of examination and approval of money
awards shall be decided by the executive council of the
foundation. |
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The foundation may issue honor certificates to the
persons taking courageous acts for a just cause whose deeds are
outstanding, if the deeds are extremely outstanding,
recommendation may be also filed to the related
departments for
awards. |
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Article 11 The
municipal, district people' s governments and the related
departments shall grant the following
commendations and awards
to the persons taking courageous acts for a just cause whose
deeds are
outstanding and whose contributions are considerable: |
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(1)
circulating a notice of commendation; |
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(2)
granting money awards; |
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(3)
raising the wages; |
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(4)
recording a merit; |
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(5)
granting an honorary title of "the advanced individual
taking courageous acts for a just cause" . |
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Commendations
and awards referred to in the above section may apply |
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individually
and also in combination. If the deeds are extremely outstanding,
a report may be filed
to a people' s government higher by one
level for commendation and awards. |
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If the above-mentioned persons taking courageous acts for
a just cause are employees of government offices, enterprises,
institutions and social organizations, the reports shall be
filed by the units which they are affiliated
with; as for the
other persons taking courageous acts for a just cause, the
reports shall be filed
by the foundation. |
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Article 12 The
persons taking courageous acts for a just cause who have been
granted honorary titles by a people'
s government shall enjoy
preferential treatment in entering a higher school, enlisting in
the armed
forces, employment, housing, pay raise, residence
registration in comparison with the people with equivalent
conditions in other respects. |
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The
persons taking courageous acts for a just cause who have been
granted the honorary titles of
"the advanced individual taking
courageous acts for a just cause" by the municipal people' s
government shall enjoy the treatment as the municipal model
workers. |
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Article 13 If
a person died for taking courageous acts for a just cause and is
qualified to be a revolutionary
martyr, the municipal department
of civil administration shall report to the related departments
for approval. |
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In
case of being approved as a revolutionary martyr according to
law, the person' s surviving family
members shall be treated as
the members of a revolutionary martyr' s family according to
the related
rules. |
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Article 14 The
unit or basic-level organization which a person taking
courageous acts for a just cause is affiliated
with may grant
commendation and award to this person according to these
regulations. |
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Article 15 Rewarding
of the persons taking courageous acts for a just cause shall be
done publicly, except
if a person taking courageous acts for a
just cause wants to keep it as a secret or the related
department believes that it should be kept as a secret. |
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Article 16 The
department of news and propaganda shall vigorously give
publicity to the courageous acts for
a just cause and promptly
report the activities of rewarding and protecting of the persons
taking
courageous acts for a just cause. |
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Chapter IV Protection
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Article 17 The persons
causing injuries shall be held liable for the medical expenses,
loss of working hours
and funeral fees of the persons taking
courageous acts for a just cause, but the related units and
departments shall make payments in advance according to the
rules in these regulations. |
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The units making advance payments shall have the right of
recourse from the persons causing injuries. |
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Article 18 Various
medical institutions shall give priority to the emergency and
medical treatments of the
persons taking courageous acts for a
just cause, and shall not shirk or reject the responsibility. |
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Article 19 The
medical expenses of the persons who have suffered from injuries
in taking courageous acts for
a just cause shall be paid in
advance according to the following rules: |
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(1)
If the units which the persons taking courageous acts for
a just cause are affiliated with have participated in employment
injury insurance, the social insurance agencies shall make
payments according to the rules of employment
injury insurance,
the persons taking courageous acts for a just cause shall enjoy
the other benefits
of employment injury insurance at the same
time; |
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(2)
If the persons taking courageous acts for a just cause
participated in medical insurance, the social insurance agencies
shall make payments; |
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(3)
As for the other persons taking courageous acts for a
just cause, the foundation shall make one-time payments for
medical subsidies. The classes, amounts and authority of
examination and approval of the medical
subsidies shall be
decided by the executive council of the foundation. |
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Article 20 As
concerns the funeral fees of a person who died for taking |
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courageous
acts for a just cause, if it is covered by employment injury
insurance, the social insurance
agency shall make a payment in
advance; if there is an employing unit which this person is
affiliated
with, the unit shall make an advance payment; if
there is no employing unit which this person is affiliated with,
the foundation shall make an advance payment. |
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Article 21 When
the persons taking courageous acts for a just cause are under
medical treatment, they shall
be regarded as having full-time
attendance in their work places, their employing units shall not
deduct part of their wages, bonus, and other welfare benefits
for this reason. |
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Article 22 The
grade of disability of a person who was disabled because of
taking courageous acts for a just
cause shall be determined by a
social insurance agency according to law if this person is a
beneficiary
of employment injury insurance; as for the other
kind of persons, the grade shall be determined by the department
of civil administration according to law. |
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Article 23 The
pension for the family of a person who deceased in taking
courageous acts for a just cause or
the pension for a person who
was disabled in taking courageous acts for a just cause shall be
paid
by the department of civil administration or social
insurance agency according to the related rules if these persons
are public employees of the state or beneficiaries of employment
injury insurance; as for other
kind of persons, the foundation
shall make one-time payments of a certain amount. |
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Article 24 If
a person cannot take the original job in this city because of
disability caused by taking courageous
acts for a just cause,
the employing unit shall make an appropriate adjustment of the
person' s
job and shall not terminate the contract of labor or
lay off the person; if the person is employed in other places,
the foundation shall issue a certificate on the courageous acts
for a just cause and suggest the
employing unit make an
appropriate adjustment and allowances for this person. The
department of
civil administration, the association of the
disabled or the department of labor and personnel shall be
responsible for making appropriate arrangements for the jobs of
the disabled persons taking courageous
acts for a just cause if
these persons are registered as permanent residents in the
Shenzhen City. |
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The department of labor and personnel shall giver
priority to recommendation of the spouses, lineal relatives of
the deceased or disabled persons taking courageous acts for a
just cause for employment in comparison
to the other people with
equivalent qualifications. |
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Article 25 If
it is not appropriate for a person taking courageous acts in
pursuing and capturing a criminal
suspect or solving a major
case to be made public, the foundation and the related
department shall
keep the secret. The departments of public
security, justice shall take effective measures to protect the
person taking courageous acts for a just cause and the
person' s family who need protection. |
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Chapter V Raising, Use
and Management of the Fund
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Article 26 The fund shall
be raised, used and managed by the foundation according to law.
The other organizations
and individuals shall not raise such
money. |
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The foundation shall establish and improve the rules and
regulations on the use and management of the fund, and the
executive council shall exercise the functions and power of the
use and management of the fund. |
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Article 27 The
fund shall be raised in the way as follows: |
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(1)
the donations made by the domestic government offices,
organizations, enterprises, institutions and individual
citizens; |
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(2)
the donations made by the overseas Chinese, Hong Kong,
Macao and Taiwan compatriots, and foreign friendly groups
and
individuals; |
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(3)
the financial aid provided by the social welfare fund; |
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(4)
the
necessary financial aid provided by the people' s governments
at various levels; |
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(5)
the other legal channels. |
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The
foundation may publicize and commend the units and individuals
having |
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made
donations. |
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The units and individuals who have made large donations
shall be recommended by the foundation to join the executive
council. |
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Article 28 The
fund shall be used for the following purpose: |
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(1)
the awards for the persons taking courageous acts for a
just cause; |
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(2)
the medical subsidies for the persons taking courageous
acts for a just cause; |
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(3)
the funeral fees, pensions of the persons taking
courageous acts for a just cause and the pensions for the family
of the deceased persons taking courageous acts for a just cause; |
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(4)
the other expenses audited and confirmed by the
foundation. |
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The
fund shall be used for its specified purposes only and shall not
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misappropriated
for the other purposes. |
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Article 29 The
expenses shall be within the value added of the fund, if it is
indeed necessary to have expenses
beyond the value added, such
expenses shall be approved at a plenary meeting of the executive
council. |
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A certain proportion of the surplus of the annual value
added of the fund shall be retained and converted into the
principal, and the remaining part shall be used for the next
year' s expenses. The proportion of
retaining shall be decided
by the executive council. |
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Article 30 The
fund shall increase in value through savings deposit,
bonds-purchase, and other safe ways that
the state allows. |
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Article 31 The
foundation shall accept the supervision by the related
departments such as the people' s bank,
department of civil
administration, etc., and regularly report the statements of
income and expenditure
to the responsible department. |
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Chapter VI Legal
Liabilities
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Article 32 In case of
violation of Article 18 of these regulations by refusing or
delaying the emergency treatment
of a person injured in taking
courageous acts for a just cause, the municipal responsible
department
of health shall give criticism and education, and
order the emergency treatment; if a serious consequence has been
caused, disciplinary sanction shall be imposed on the related
leaders and directly responsible
persons. |
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Article 33 If
an employing unit has, in violation of Article 21 of these
regulations, deducted part of the
wage, bonus, and other welfare
benefits of the persons taking courageous acts for a just cause,
the municipal responsible department of labor shall give
criticism and order correction; if the correction has
been
refused, the municipal responsible department of labor shall
impose a fine of 5,000 RMB on
the employing unit. |
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Article 34 If
an employing unit has, in violation of Article 24 of these
regulations, refused to make an appropriate
adjustment in the
job of a person who was disabled in taking courageous acts for a
just cause,
the municipal responsible department of labor shall
give criticism and order correction; if the contract of labor
has been terminated or the person has been laid off, an order to
continue to execute the contract
shall be issued; if the order
has been rejected, the municipal responsible department of labor
shall, as the circumstances may require, order a one-time
payment of 20,000 RMB as compensation for the person taking
courageous acts for a just cause. |
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Article 35 In
case of violation of Article 25 of these regulations by failing
to keep the secret of a person
taking courageous acts for a just
cause who should not be made public or failing to protect a
person
taking courageous acts for a just cause and the
person' s family members who need protection so that a serious
consequence has been caused, the related department shall
investigate into the responsibility of
the related leaders and
directly responsible persons according to law, if a crime has
been constituted,
the criminal responsibility shall be
ascertained by the department of justice according to law. |
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Article 36 In
case of violation of the first section of Article 26 by
illegally raising the fund, the municipal
people' s bank shall
order stopping of the activities of illegal money-raising,
confiscate the
illegally raised money, and impose a fine
according to the related rules, and the related departments
shall investigate into the responsibility of the responsible
persons according to law, if a crime has been
constituted, the
criminal responsibility shall be ascertained by the department
of justice according
to law. |
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Article 37 In
case of violation of the second section of Article 28 of these
regulations by misappropriating
the fund for other purposes, the
responsible department shall order correction and impose
disciplinary
sanctions on the chief responsible person and
directly responsible persons of the foundation, if a crime has
been constituted, the criminal responsibility shall be
ascertained by the department of justice according
to law. |
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Article 38 In
case of violation of Article 30 by increasing the value of
investment in the way not allowed
by law or neglecting the duty
in investment to cause the loss of the fund, the responsible
department
shall impose disciplinary sanctions on the chief
responsible person and directly responsible persons; if there
are illegal personal earnings, they shall be recovered, if a
crime has been constituted, the criminal
responsibility shall be
ascertained by the department of justice according to law. |
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Article 39 In
case of violation of Article 31 of these regulations by failing
to regularly report the statements
of income and expenditure of
the fund to the people' s bank and the department of civil
administration,
the people' s bank and the department of civil
administration shall circulate a notice of criticism and order
reporting. If the circumstances are serious, the related
departments shall deal with the case according
to law. |
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Chapter VII
Supplementary Provisions
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Article 40 These
regulations shall take effect as of the date of promulgation. |
