Regulations on the Organization and Management of Public Security Organs

(2006年11月1日国务院第154次常务会议通过　2006年11月13日中华人民共和国国务院令第479号公布　自2007年1月1日起施行)

(Adopted at the 154th Executive Meeting of the State Council on November 1, 2006, promulgated by Order No. 479 of the State Council of the People's Republic of China on November 13, 2006, and effective as of January 1, 2007)

为了规范公安机关组织管理，保障公安机关及其人民警察依法履行职责，根据《中华人民共和国公务员法》、《中华人民共和国人民警察法》，制定本条例。

These Regulations are formulated in accordance with the Civil Servant Law of the People's Republic of China and the People's Police Law of the People's Republic of China for the purpose of standardizing the organization and management of public security organs and ensuring that public security organs and their people's police perform their duties according to law.

公安机关是人民民主专政的重要工具，人民警察是武装性质的国家治安行政力量和刑事司法力量，承担依法预防、制止和惩治违法犯罪活动，保护人民，服务经济社会发展，维护国家安全，维护社会治安秩序的职责。

Public security organs are important instruments of the people's democratic dictatorship. The people's police are armed state administrative public security forces and criminal justice forces, undertaking the duties of preventing, stopping, and punishing illegal and criminal activities according to law, protecting the people, serving economic and social development, maintaining national security, and maintaining public order.

公安部在国务院领导下，主管全国的公安工作，是全国公安工作的领导、指挥机关。

The Ministry of Public Security, under the leadership of the State Council, is in charge of public security work nationwide and is the leading and commanding organ for national public security work.

县级以上地方人民政府公安机关在本级人民政府领导下，负责本行政区域的公安工作，是本行政区域公安工作的领导、指挥机关。

Public security organs of local people's governments at or above the county level, under the leadership of the people's government at the same level, are responsible for public security work within their respective administrative regions and are the leading and commanding organs for public security work in those administrative regions.

公安机关实行行政首长负责制。

Public security organs implement a system of administrative head responsibility.

县级以上人民政府公安机关依照法律、行政法规规定的权限和程序设置。

Public security organs of people's governments at or above the county level shall be established in accordance with the authority and procedures prescribed by laws and administrative regulations.

设区的市公安局根据工作需要设置公安分局。市、县、自治县公安局根据工作需要设置公安派出所。

A public security bureau of a city with districts may establish public security sub-bureaus as needed. Public security bureaus of cities, counties, and autonomous counties may establish police stations as needed.

公安分局和公安派出所的设立、撤销，按照规定的权限和程序审批。

The establishment and dissolution of public security sub-bureaus and police stations shall be approved in accordance with the prescribed authority and procedures.

县级以上地方人民政府公安机关和公安分局内设机构分为综合管理机构和执法勤务机构。

The internal organs of public security organs of local people's governments at or above the county level and public security sub-bureaus are divided into comprehensive management organs and law enforcement service organs.

执法勤务机构实行队建制，称为总队、支队、大队、中队。

Law enforcement service organs adopt a team structure, known as general teams, detachments, brigades, and squadrons.

县级以上地方人民政府公安机关和公安分局内设机构的设立、撤销，按照国家规定的权限和程序审批。

The establishment and dissolution of internal organs of public security organs of local people's governments at or above the county level and public security sub-bureaus shall be approved in accordance with the authority and procedures prescribed by the state.

看守所、拘留所、戒毒所、收容教育所依照法律、行政法规的规定设置。

Detention centers, detention houses, drug rehabilitation centers, and shelter and education centers shall be established in accordance with laws and administrative regulations.

公安机关人民警察职务分为警官职务、警员职务和警务技术职务。

The posts of people's police in public security organs are divided into police officer posts, police staff posts, and police technical posts.

公安机关履行警务指挥职责的人民警察实行警官职务序列。

People's police who perform police command duties in public security organs shall follow the police officer post sequence.

公安机关领导成员和内设综合管理机构警官职务由高至低为：省部级正职、省部级副职、厅局级正职、厅局级副职、县处级正职、县处级副职、乡科级正职、乡科级副职。

The police officer posts of leading members and internal comprehensive management organs of public security organs, from high to low, are: provincial-ministerial level principal, provincial-ministerial level deputy, department-bureau level principal, department-bureau level deputy, county-division level principal, county-division level deputy, township-section level principal, township-section level deputy.

公安机关内设执法勤务机构警官职务由高至低为：总队长、副总队长、支队长、副支队长、大队长、副大队长、中队长、副中队长。

The police officer posts of internal law enforcement service organs of public security organs, from high to low, are: general team leader, deputy general team leader, detachment leader, deputy detachment leader, brigade leader, deputy brigade leader, squadron leader, deputy squadron leader.

县级以上地方人民政府公安机关派出机构、内设执法勤务机构和不设区的市、县、自治县公安局根据工作需要，可以设置主管政治工作的政治委员、教导员、指导员等警官职务。

Dispatch organs of public security organs of local people's governments at or above the county level, internal law enforcement service organs, and public security bureaus of cities without districts, counties, and autonomous counties may, as needed, set up police officer posts such as political commissar, political instructor, and politicalinstructor responsible for political work.

公安机关履行警务执行职责的人民警察实行警员职务序列。

People's police who perform police execution duties in public security organs shall follow the police staff post sequence.

公安机关及其内设综合管理机构警员职务由高至低为：巡视员、副巡视员、调研员、副调研员、主任科员、副主任科员、科员、办事员。

The police staff posts of public security organs and their internal comprehensive management organs, from high to low, are: inspector, deputy inspector, researcher, deputy researcher, principal staff member, deputy principal staff member, staff member, clerk.

公安机关内设执法勤务机构警员职务由高至低为：一级警长、二级警长、三级警长、四级警长、一级警员、二级警员、三级警员。

The police staff posts of internal law enforcement service organs of public security organs, from high to low, are: first-level police chief, second-level police chief, third-level police chief, fourth-level police chief, first-level police officer, second-level police officer, third-level police officer.

公安机关从事警务技术工作的人民警察实行警务技术职务序列。

People's police engaged in police technical work in public security organs shall follow the police technical post sequence.

警务技术职务的设置，按照国家规定执行。

The establishment of police technical positions shall be implemented in accordance with state regulations.

公安机关人民警察的级别，根据所任职务及其德才表现、工作实绩和资历确定。

The rank of a people's police officer in a public security organ shall be determined based on the position held, as well as their moral integrity, work performance, and seniority.

公安机关人民警察职务与级别的对应关系，由国务院另行规定。

The corresponding relationship between the positions and ranks of people's police officers in public security organs shall be separately stipulated by the State Council.

公安机关人民警察任职，应当符合国家规定的任职资格条件。

A people's police officer in a public security organ shall meet the qualifications prescribed by the state for the position.

县级以上地方人民政府公安机关正职领导职务的提名，应当事先征得上一级公安机关的同意。

The nomination of the principal leading position of a public security organ of a local people's government at or above the county level shall obtain the consent of the public security organ at the next higher level in advance.

县级以上地方人民政府公安机关副职领导职务的任免，应当事先征求上一级公安机关的意见。

The appointment and removal of deputy leading positions of a public security organ of a local people's government at or above the county level shall seek the opinions of the public security organ at the next higher level in advance.

公安机关内设机构警官职务、警员职务的任免，由本公安机关按照干部管理权限决定或者报批。

The appointment and removal of police officer positions and police staff positions in the internal organs of a public security organ shall be decided or submitted for approval by the public security organ itself in accordance with the authority for cadre management.

公安分局领导成员职务以及公安派出所警官职务、警员职务的任免，由派出公安分局、公安派出所的公安机关决定。

The appointment and removal of leading members of a public security sub-bureau and police officer positions and police staff positions of a police station shall be decided by the public security organ that dispatched the public security sub-bureau or police station.

公安机关人民警察使用的国家行政编制，实行专项管理。

The state administrative staffing used by people's police officers of public security organs shall be subject to special management.

公安部根据工作需要，向国务院机构编制管理机关提出公安机关编制的规划和调整编制的意见，由国务院机构编制管理机关审核，按照规定的权限和程序审批。

The Ministry of Public Security shall, based on work needs, propose plans and adjustment opinions for the staffing of public security organs to the state institution staffing management authority, which shall review and approve them in accordance with the prescribed authority and procedures.

省、自治区、直辖市人民政府根据工作需要，可以向国务院机构编制管理机关提出调整公安机关编制的申请。

The people's government of a province, autonomous region, or municipality directly under the Central Government may, based on work needs, submit an application to the state institution staffing management authority for adjusting the staffing of public security organs.

国务院机构编制管理机关对省、自治区、直辖市人民政府调整公安机关编制的申请，征求公安部意见后进行审核，按照规定的权限和程序审批。

The state institution staffing management authority shall, after soliciting opinions from the Ministry of Public Security, review the application submitted by the people's government of a province, autonomous region, or municipality directly under the Central Government for adjusting the staffing of public security organs, and approve it in accordance with the prescribed authority and procedures.

公安机关根据工作需要，经中央公务员主管部门或者省、自治区、直辖市公务员主管部门批准，可以对专业性较强的职位和辅助性职位实行聘任制。但是，对公安执法职位或者涉及国家秘密的职位，不实行聘任制。

Public security organs may, based on work needs and with the approval of the central civil service authority or the civil service authority of a province, autonomous region, or municipality directly under the Central Government, implement an appointment system for positions with strong professionalism and auxiliary positions. However, the appointment system shall not be implemented for law enforcement positions or positions involving state secrets.

公安机关应当按照国家规定，将各项罚没收入和行政事业性收费收入全额上缴财政。

Public security organs shall, in accordance with state regulations, turn over all confiscated income and administrative fees to the fiscal authorities in full.

县级以上人民政府按照国家规定的经费项目和标准，将公安机关经费列入财政预算，实行全额保障，并对经济困难地区的公安工作给予必要的经费支持。

The people's government at or above the county level shall, in accordance with the funding items and standards prescribed by the state, include the funding of public security organs in the fiscal budget, provide full funding, and give necessary financial support to public security work in economically difficult areas.

公安机关录用人民警察实行考试录用制度。

The recruitment of people's police officers by public security organs shall implement an examination-based recruitment system.

公安机关录用的人民警察应当符合国家规定的条件。

People's police officers recruited by public security organs shall meet the conditions prescribed by the state.

公安部机关及其实行公务员制度的直属机构人民警察录用考试，由中央公务员主管部门负责组织。

The recruitment examination for people's police officers of the Ministry of Public Security and its directly affiliated institutions implementing the civil service system shall be organized by the central civil service authority.

县级以上地方人民政府公安机关人民警察录用考试，由省、自治区、直辖市公务员主管部门负责组织。县级以上地方人民政府公安机关按照国家规定，承担相应的录用工作。

The recruitment examination for people's police officers of public security organs of local people's governments at or above the county level shall be organized by the civil service authority of the province, autonomous region, or municipality directly under the Central Government. The public security organ of the local people's government at or above the county level shall undertake corresponding recruitment work in accordance with state regulations.

调任、转任到公安机关担任人民警察职务的，应当符合担任公安机关人民警察的条件和拟任职位所要求的资格条件。

Persons transferred or seconded to a public security organ to serve as people's police officers shall meet the conditions for serving as a people's police officer in a public security organ and the qualification requirements for the proposed position.

公安机关应当对调任、转任人选进行严格考察，并按照管理权限审批。必要时，可以对调任人选进行考试。

Public security organs shall conduct strict assessments of candidates for transfer or secondment and submit them for approval in accordance with the management authority. When necessary, examinations may be conducted for candidates for transfer.

公安机关人民警察实行警衔制度。公安机关授予警衔的人员应当是使用国家专项编制的在职人员。

People's police officers of public security organs shall implement a police rank system. Persons awarded police ranks by public security organs shall be in-service personnel using state special staffing.

公安机关按照管理权限对人民警察进行考核。

Public security organs shall conduct assessments of people's police officers in accordance with the management authority.

考核结果作为调整公安机关人民警察职务、级别、工资以及辞退、奖励、培训的依据。

Assessment results shall serve as the basis for adjusting the position, rank, salary, dismissal, rewards, and training of people's police in public security organs.

公安机关人民警察应当经过公安院校等人民警察培训机构培训并考试、考核合格，方可任职、晋升职务、授予警衔、晋升警衔。

People's police of public security organs shall undergo training at police academies or other police training institutions and pass examinations and assessments before they can assume positions, be promoted, be awarded police ranks, or be promoted in police rank.

公安机关应当组织人民警察接受国家规定的培训。

Public security organs shall organize people's police to receive training as prescribed by the state.

公安机关人民警察有下列情形之一的，应当予以辞退：

People's police of public security organs shall be dismissed in any of the following circumstances:

(一)在年度考核中，连续两年被确定为不称职的；

(1) Being rated as incompetent in the annual assessment for two consecutive years;

(二)不胜任现职工作，又不接受其他安排的；

(2) Being incompetent for the current position and refusing other arrangements;

(三)因所在公安机关调整、撤销、合并或者缩减编制员额需要调整工作，本人拒绝合理安排的；

(3) Refusing reasonable job adjustments due to reorganization, dissolution, merger, or reduction of staffing in the public security organ;

(四)不履行人民警察义务，不遵守人民警察纪律，经教育仍无转变，不适合继续在公安机关工作，又不宜给予开除处分的；

(4) Failing to perform police duties or abide by police discipline, and after education, showing no improvement, making them unsuitable for continued service in the public security organ, but not warranting expulsion;

(五)旷工或者因公外出、请假期满无正当理由逾期不归连续超过15天，或者1年内累计超过30天的。

(5) Being absent from work without leave or failing to return after official travel or leave without justifiable reasons for more than 15 consecutive days, or more than 30 cumulative days within a year.

公安机关人民警察有下列情形之一的，不得辞退：

People's police of public security organs shall not be dismissed in any of the following circumstances:

(一)因公致残，被确认丧失或者部分丧失工作能力的；

(1) Having been disabled in the line of duty and confirmed to have lost or partially lost the ability to work;

(二)患病或者负伤，在规定的医疗期内的；

(2) Being ill or injured and within the prescribed medical treatment period;

(三)女性人民警察在孕期、产假、哺乳期内的；

(3) Female police officers during pregnancy, maternity leave, or nursing leave;

(四)法律、行政法规规定的其他不得辞退的情形。

(4) Other circumstances where dismissal is prohibited by laws or administrative regulations.

公安机关人民警察个人或者集体在工作中表现突出，有显著成绩和特殊贡献的，应当根据国家规定给予奖励。

People's police of public security organs, individually or collectively, who demonstrate outstanding performance and make significant contributions shall be rewarded in accordance with state regulations.

奖励分为：嘉奖、记三等功、记二等功、记一等功、授予荣誉称号。

Rewards include: commendation, recording of third-class merit, recording of second-class merit, recording of first-class merit, and conferment of honorary title.

对受奖励的公安机关人民警察，可以根据国家规定提前晋升警衔，并给予一次性奖金或者其他待遇。

Rewarded people's police of public security organs may, in accordance with state regulations, be promoted in police rank ahead of schedule and receive a one-time bonus or other benefits.

拟以国务院名义授予荣誉称号的，由人事部审核后报国务院审批；拟授予全国公安系统一级英雄模范称号的，由人事部会同公安部审批；拟授予全国公安系统二级英雄模范称号的，由公安部依据国家有关规定审批。

Proposals to confer honorary titles in the name of the State Council shall be reviewed by the Ministry of Personnel and submitted to the State Council for approval; proposals to confer the title of National First-Class Hero Model of the Public Security System shall be reviewed jointly by the Ministry of Personnel and the Ministry of Public Security; proposals to confer the title of National Second-Class Hero Model of the Public Security System shall be approved by the Ministry of Public Security in accordance with relevant state regulations.

公安机关人民警察违法违纪的，应当根据国家规定给予处分；构成犯罪的，依法追究刑事责任。

People's police of public security organs who violate laws or discipline shall be subject to disciplinary sanctions in accordance with state regulations; if the act constitutes a crime, criminal liability shall be pursued according to law.

处分分为：警告、记过、记大过、降级、撤职、开除。

Disciplinary sanctions include: warning, demerit, major demerit, demotion, removal from office, and expulsion.

对受处分的公安机关人民警察，根据国家规定降低警衔或者取消警衔。

People's police of public security organs who receive disciplinary sanctions shall have their police rank reduced or revoked in accordance with state regulations.

对公安机关人民警察的处分由任免机关或者监察机关决定。

Disciplinary sanctions against people's police of public security organs shall be decided by the appointing authority or the supervisory organ.

公安机关人民警察对涉及本人的人事处理决定不服，或者认为有关部门及其领导人员侵犯其合法权益的，可以依法申请复核，提出申诉或者控告。

People's police of public security organs who are dissatisfied with personnel decisions concerning themselves, or who believe that their lawful rights and interests have been infringed upon by relevant departments or their leaders, may apply for review, lodge an appeal, or file a complaint in accordance with the law.

公安机关人民警察享受国家规定的符合其职业特点的工资待遇。

People's police of public security organs shall enjoy salary and benefits that conform to the characteristics of their profession as prescribed by the state.

公安机关人民警察实行国家规定的保险制度，保障其在退休、患病、工伤、生育、失业等情况下获得帮助和补偿。

Police officers of public security organs shall implement the insurance system prescribed by the state, ensuring that they receive assistance and compensation in cases of retirement, illness, work-related injury, childbirth, unemployment, and other circumstances.

公安机关人民警察因公致残的，应当享受必要的治疗、康复，其中被评定残疾的人员享受国家规定的抚恤和优待。

Police officers of public security organs who become disabled due to work-related reasons shall enjoy necessary treatment and rehabilitation; those assessed as disabled shall enjoy the pensions and preferential treatment prescribed by the state.

公安机关人民警察因公牺牲或者病故的，其家属享受国家规定的抚恤和优待。

If a police officer of a public security organ dies in the line of duty or due to illness, their family members shall enjoy the pensions and preferential treatment prescribed by the state.

公安机关人民警察实行国家规定的工时制度和休假制度。

Police officers of public security organs shall implement the working hours system and leave system prescribed by the state.

公安机关人民警察在法定工作日之外工作的，应当补休；不能补休的，应当给予补助，具体办法由人事部会同财政部规定。

Police officers of public security organs who work outside the statutory working days shall be granted compensatory leave; if compensatory leave cannot be granted, compensation shall be provided. The specific measures shall be formulated by the Ministry of Personnel jointly with the Ministry of Finance.

公安机关人民警察达到国家规定的退休年龄或者完全丧失工作能力的，应当退休。

Police officers of public security organs who have reached the retirement age prescribed by the state or who have completely lost their ability to work shall retire.

公安机关人民警察符合国家规定的提前退休条件的，本人自愿提出申请，经任免机关批准，可以提前退休。

Police officers of public security organs who meet the conditions for early retirement prescribed by the state may, upon their own voluntary application and approval by the appointing authority, retire early.

公安机关人民警察退休后，享受国家规定的退休金和其他福利待遇。

After retirement, police officers of public security organs shall enjoy the pension and other welfare benefits prescribed by the state.

新疆生产建设兵团的公安机关和经批准参照《中华人民共和国公务员法》管理的公安机关所属事业单位的组织管理，适用本条例。

The organization and management of public security organs of the Xinjiang Production and Construction Corps and of the subordinate institutions of public security organs that are approved to be managed with reference to the Civil Servant Law of the People's Republic of China shall be governed by these Regulations.

本条例自2007年1月1日起施行。

These Regulations shall come into force as of January 1, 2007.