Security confinement refers to the confinement of public security personnel who violate laws and regulations. If the people's police violate the law and discipline, criticize the ineffectiveness of education and need to be confined, they should be confined. People's police who violate the law and discipline and are ineffective after criticism and education should be confined. If the people's police violate the law and discipline and are ineffective after criticism and education, they may stop performing their duties in accordance with regulations. Stopping performing duties and confinement are not administrative sanctions, but temporary measures taken against people's police who violate discipline when necessary. The term of confinement is 1 day and 7 days.

First, is confinement a compulsory measure?

Confinement is an administrative compulsory measure, which is an act that the public security organs impose temporary restrictions on the personal freedom of public security police in order to stop illegal acts, prevent evidence from being destroyed, avoid harm and control the expansion of danger.

National laws, administrative regulations and departmental rules stipulate the restrictions on public security police:

The Provisions of Public Security Organs on the Measures of Stopping Execution of Duty and Confinement stipulates that the purpose of stopping execution of duty and confinement is to stop, investigate and deal with serious violations of law and discipline by the people's police and prevent accidents, and to take administrative measures when necessary.

Second, the preconditions for the confinement measures of public security organs

The Provisions of Public Security Organs on Stopping Performing their Duty and Confinement Measures (issued by the Ministry of Public Security in August 1998) stipulates that:

If the people's police do not listen to stop one of the following acts, which may cause adverse effects, they may be confined:

(a) disobeying orders and commands, which may cause serious harm;

(two) suspected of leaking public security secrets or providing clues to criminal suspects;

(3) Threatening, intimidating or deliberately taking revenge on others;

(4) Beating others or instructing others to beat others;

(five) drinking disturbs the work order and public order;

(6) Other necessary confinement measures.

legal ground

The People's Republic of China People's Police Law

Article 48 People's policemen who commit any of the acts listed in Article 22 of this Law shall be given administrative sanctions. If a crime is constituted, criminal responsibility shall be investigated according to law.

Administrative sanctions are divided into: warning, demerit recording, demerit recording, demotion, dismissal and dismissal. The people's police who are subject to administrative sanctions may lower their police ranks or cancel their police ranks in accordance with relevant state regulations.

When necessary, the people's police who violate discipline can be taken to stop performing their duties and be confined.

Forty-ninth people's police in violation of the provisions of the use of weapons, police equipment, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Provisions of public security organs on stopping performing their duties and confinement measures.

Article 2 Suspension and confinement are administrative measures taken when necessary to stop, investigate and deal with serious violations of law and discipline by the people's police and prevent accidents.

Article 6 The people's police may be confined if they fail to stop any of the following acts, which may cause adverse effects:

(a) disobeying orders and commands, which may cause serious harm;

(two) suspected of leaking public security secrets or providing clues to criminal suspects;

(3) Threatening, intimidating or deliberately taking revenge on others;

(4) Beating others or instructing others to beat others;

(five) drinking disturbs the work order and public order;

(6) Other necessary confinement measures.

Article 7 The term of confinement shall be from one day to seven days.

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