Laws of the Shanghai Province

(Promulgated on April 22, 2002 by Decree No. 120 of the Shanghai Municipal People' s Government)

Article 1  (Purpose)

In order to reward and protect Voluntary Felon-Fighters (hereinafter referred to as VFF), develop moral courage in society, maintain social order, and promote socialist ethical and cultural progress, these Procedures are formulated in line with this municipality' s actual circumstances.

Article 2  (Definition)

Voluntary felon-fighting under these Procedures refers to the act done by an individual person for protecting State interests, public interests or other person' s personal and property safety, curbing law violation and crime, and assisting related organs in cracking down on illegal and criminal activities and in emergency and disaster relief.

Article 3  (Scope of Application)

These Procedures apply to the confirmation of voluntary felon-fighting deed and the reward, encouragement, and protection of VFF in this municipality' s area.

Where laws and regulations have already provisions on rewarding, encouraging, and protecting VFF, such provisions shall prevail.

Article 4  (Principle)

The principle of combining spiritual encouragement with material awards shall be carried out on VFF. The legitimate rights and interests of VFF shall be protected by law.

Article 5   (Administrative Department)

The municipal, district and county people' s governments shall organize the implementation of these Procedures, and the social order comprehensive regulating committees at all levels (hereinafter referred to as the CRC) shall be responsible for the specific work of rewarding, encouraging, and protecting VFF.

The public security, civil affairs, labor security, public health, medical insurance, finance and other administrative departments shall, according to their respective duties, do well the work relating to the reward, encouragement, and protection of the VFF.

The press and publication, culture, radio, film and television, education and other sectors, and trade unions, women' s federations, communist youth leagues, handicapped persons' federations and other mass organizations shall do a good job of publicity on voluntary felon-fighting.

Article 6  (Special Funds)

This Municipality shall set up accounts of special funds for voluntary felon-fighting (hereinafter referred to as special funds) with the routine management in the charge of the municipal CRC. The special funds are used for the reward, encouragement, and protection of the VFF.

The use and management of special funds are, according to law, under the supervision of finance, auditing and other relevant departments, as well as under the surveillance of society.

Article 7  (Raising of Special Funds)

Special funds shall be raised through the following channels:

(1) Financial allocation of the government;

(2) Donations from society;

(3) Other legal channels.

Article 8  (Uses of Special Funds)

Special funds shall mainly be used for:

(1) The commendation, reward and encouragement, and expression of gratitude and appreciation of VFF;

(2) Subsidies to persons killed, injured or disabled due to voluntary felon-fighting;

(3) Taking out bearer personal insurance for person killed, injured or disabled due to voluntary felon-fighting.

Article 9  (Appraisal and Examination Organization)

The municipal, district and county CRCs shall set up voluntary felon-fighting appraisal and examination committees (hereinafter referred to as the appraisal committees). The appraisal committees shall be made up by CRC offices and public security, civil affairs, labor security, medical insurance, finance and other departments as well as spiritual and cultural offices, trade unions, women' s federations, communist youth leagues, handicapped persons' federations and other units.

The district and county appraisal committees are responsible for the examination and verification of the affirmation report of voluntary felon-fighting deeds.

The municipal appraisal committee executes the following functions and powers:

(1) Affirmation of voluntary felon-fighting deeds;

(2) Evaluation of advanced element in voluntary felon-fighting;

(3) Re-check of the affirmation of voluntary felon-fighting deeds and the evaluation of advanced element in voluntary felon-fighting that incur disagreement.

Article 10  (Conditions for Affirmation of Voluntary Felon-Fighting Deeds)

Any of the following acts an individual person has done shall be affirmed as a voluntary felon-fighting deed:

(1) Putting a curb or going to the rescue when State, public or collective interests, or other person' s personal or property rights were illegally infringed upon or jeopardized;

(2) An individual person other than the victim reports and exposes wrongful or criminal acts to the public security department and other relevant departments, playing an important role in investigating and solving criminal cases and in pursuing and capturing offenders and suspects of crimes;

(3) In emergency and disaster relief, protecting State, public or collective property or other person' s property and personal safety;

(4) Other voluntary felon-fighting deeds that should be affirmed.

Those who make voluntary felon-fighting deeds listed in the preceding clause for performing statutory duties shall be rewarded, encouraged, and protected according to other relevant provisions.

Article 11  (Declaration of Voluntary Felon-Fighting Deeds)

Any unit and individual person may apply to the district or county CRC for the affirmation of voluntary felon-fighting deed. The applicant shall write an application for the affirmation of voluntary felon-fighting deed.

The district/county CRC outside of the scene of voluntary felon-fighting deed, when receiving such application, shall refer it in time to the district/county CRC in the locality where such deed occurs.

Article 12  (Affirmation of Deeds)

The district/county CRC at the scene of a voluntary felon-fighting deed, when receiving an application, shall make investigation and verify, collect and keep related evidence material, organize the appraisal committee to conduct examination and verification, put forward examination and verification opinions and report to the municipal CRC.

The municipal CRC, when receiving the submitted material, shall organize in time the municipal appraisal committee to make affirmation and grant a certificate to the person who meets the requirements or, for the person who does not meet the requirements, give a notice in writing to the applicant.

Article 13  (Commendation and Reward)

The VFF with an outstanding deed, upon evaluation by the municipal appraisal committee, shall be awarded the honorary title of advanced element in voluntary felon-fighting and given material awards by the municipal CRC.

Commendation of advanced element in voluntary felon-fighting may be conducted either in the open or in secret. Commendation in the open shall seek the consent of the party concerned beforehand.

Article 14  (Re-check of Affirmation and Evaluation)

The applicant or any other person who disagrees with the affirmation of voluntary felon-fighting deed and the evaluation of advanced element in voluntary felon-fighting may apply to the municipal CRC for re-check.

The municipal CRC shall organize the municipal appraisal committee to make re-check and inform the applicant of the results of re-check.

Article 15  (Publicity of Voluntary Felon-Fighting)

Districts and counties shall publicize, commend and reward the VFF; press media shall make timely publicity, reporting VFF and their deeds with the exception of those in need of confidentiality or to be kept in secret at the request of the party concerned.

Article 16  (Priority Treatment)

The person awarded the honorary title of advanced element in voluntary felon-fighting, when applying for admission to school or for employment, shall have priority in enrolment or recruitment under the equal condition by the school or the unit.

Article 17  (Duty to Treat and Cure)

Any unit or individual person shall take timely the person injured in voluntary felon-fighting to a medical institution for emergency treatment and cure.

Article 18  (Temporary Payment of Emergency Treatment Expenses)

The VFF' s emergency treatment expenses incurred for injuries in voluntary felon-fighting shall be temporarily paid by his or her unit, if any, or derived from special funds temporarily if the VFF has no unit or his/her unit has not made the temporary payment.

Article 19  (Payment of Medical Expenses)

The VFF' s medical expenses incurred for injuries in voluntary felon-fighting shall be paid by the medical insurance organization according to relevant provisions of the State and this municipality with the shortage derived from special funds.

Article 20  (Assessment of Injuries and Deformities, and Posthumous Conferral of Martyr Title)

The assessment of injuries and deformities and posthumous conferral of martyr title for VFF shall be ascertained by the civil affairs and other related departments according to relevant provisions of the State and this Municipality and appropriate pensions shall be given.

Article 21   (Protective Measures)

For VFF in need of confidentiality or those who ask for confidentiality, the related appraisal, commendation and publicity departments shall keep secret.

For VFF and their family whose personal and property safety are threatened due to voluntary felon-fighting deeds, the public security department shall take effective measures to give protection.

Any retaliation against VFF shall be dealt with by relevant departments according to law.

Article 22  (Supervisory Measures)

If relevant departments and the unit the VFF is affiliated with fail to perform their duty of protecting the VFF as they should do, the VFF or his/her family may appeal to the municipal or district/county CRC, which shall supervise the relevant departments and the unit in performing their duty of protection.

Article 23  (Effective Date)

These Procedures shall become effective on May 10, 2002.