Regulations of Jiangsu Province on Awarding and Protecting the Persons of Courage for Justice
时间：2010-09-02 浏览次数：
44次
Announcement of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province
No. 21
The Decision of the Standing Committee of the People’s Congress of Jiangsu Province on Revising the “Regulations of Jiangsu Province on Awarding and Protecting the Persons of Courage for Justice”, adopted at the Ninth Meeting of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province on May 20, 2009, is hereby promulgated and shall come into force since June 1, 2009.
May 20, 2009
Regulations of Jiangsu Province on Awarding and Protecting the Persons of Courage for Justice
(Adopted at the Fifteenth Meeting of the Standing Committee of the Eighth People’s Congress of Jiangsu Province on June 16, 1995; Revised for the first time according to the Decision of Revising the “Regulations of Jiangsu Province on Awarding and Protecting the Persons of Courage for Justice” adopted at the Thirty-second Meeting of the Standing Committee of the Ninth People’s Congress of Jiangsu Province on October 23, 2002; Revised for the second time according to the Decision of Revising the “Regulations of Jiangsu Province on Awarding and Protecting the Persons of Courage for Justice” adopted at the Ninth Meeting of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province on May 20, 2009)
Chapter I General Provisions
Article I These Regulations are enacted in accordance with the relevant laws and regulations of the State, in light of the specific situation of this Province, for the purposes of standardizing and strengthening the work of awarding and protecting the persons of courage for justice, carrying forward the traditional virtues of courageous Chinese nation, upholding social justice, safeguarding social stability and promoting socialist spiritual civilization.
Article II The Regulations apply to the awarding and protection of the persons of courage for justice in the administrative regions of this Province.
The "courage for justice" used in the Regulations refers to one of the following behaviors:
(I) To come forward with the fight against illegal and criminal acts when the national, collective interests and people’s lives and property are infringed upon;
(II) To show outstanding behavior in protecting national, collective interests and the lives and property of others in the disaster relief work, regardless of personal safety; and
(III) Other prominent deeds of courage for justice.
Article III The state organs, social organizations, enterprises and institutions shall award and protect the persons of courage for justice in order to promote righteousness, uphold justice and dispel evils.
The publicity departments and media units at all levels shall vigorously disseminate the heroic deeds of the persons of courage for justice and give full play to the role of orientation for public opinions.
The national functionaries shall set a good example for others in being courageous for justice.
Article IV The local people’s governments at all levels shall be responsible for awarding and protecting the persons of courage for justice. The daily work shall be handled by public security organs.
The department of public security, civil affairs, labor and social security, personnel, public finance, education, health, finance, insurance and other departments and agencies shall work closely to fulfill effectively the relevant functions and duties.
Chapter II Awards
Article V The principle of the spirit award combining with material reward shall be practiced for the persons of courage for justice.
Article VI The local people’s governments at or above the county level shall, according to the performance and contribution of the persons of courage for justice, conferring the following single or multiple awards:
(I) Awards;
(II) Recording merits;
(III) Giving honorary titles;
(IV) Other awards.
The local people’s governments at or above the county level shall distribute a certain amount of award money to the persons of courage for justice while conferring the aforementioned awards.
Article VII The honorary titles are classified as “Hero of Courage for Justice” and “Advanced Element of Courage for Justice.”
The conferring of the title of “Hero of Courage for Justice” shall be approved by the provincial people’s government; the conferring of the title of “Advanced Element of Courage for Justice” shall be approved by the local people’s governments at or above the county level.
Article VIII The state organs, social organizations, enterprises and institutions shall award the persons of courage for justice in their systems and units.
Article IX The local people’s governments at or above the county level shall establish an assessment system for the persons of courage for justice.
Article X The persons of courage for justice to be reported to the local people’s governments above the county level for award shall be reported to the public security organs at or above the county level by the township (town) people’s government or the police station of the locality where the act of courage for justice occurs, or the unit of the persons of courage for justice; the villagers’ (neighborhood) committee can also recommend directly the persons of courage for justice to the public security organs at or above the county level.
The public security organs at or above the county level shall carry out investigation and verification of the conduct of courage for justice submitted for award. If it complies with the provisions of these Regulations, the public security organs shall go through the formalities for award timely in conjunction with the relevant departments, and report it to the people’s government at the same level for approval.
Article XI The local people’s governments at or above the county level shall commend those who make outstanding contribution in the work for courage for justice.
Chapter III Protection
Article XII The act of courage for justice is protected by law. For the persons impaired due to the act of courage for justice, their units, the relevant departments and the juridical organs concerned shall take appropriate protective measures to help them solve the practical problems in their life, health, employment, schooling, and preferential treatment for serviceman.
Article XIII The public security organs, juridical organs and the relevant units at all levels shall take effective measures to protect the persons of courage for justice and their relatives needed to be protected; the law-breaking and criminal acts in retaliation of the persons of courage for justice and their relatives shall be punished according to law in a severe manner.
The persons of courage for justice and their deeds, unsuitable to be open to the public shall be kept secret.
Article XIV The wounded persons of courage for justice shall be timely rescued and treated by medical institutions and relevant units. There is no reason to refuse or delay the medical treatment.
Article XV For the persons of courage for justice who are injured or maimed or died, where they meet the conditions for work injuries and medical insurance, they shall be treated according to the provisions on work injuries or medical insurance, and other benefits shall remain unchanged during treatment.
Where the persons of courage for justice are not entitled to the work injuries and medical insurance, they shall be treated according to the following provisions:
(I) handled by civil affairs department with reference to the national and provincial provisions on administration of pensions for wounded or disabled persons;
(II) the local people’s government is responsible to cover the medical costs;
(III) besides the minimum living allowance, the additional living subsidy can be issued by the local people’s government;
(IV) for the farmers who have completely lost the ability to work confirmed by the labor appraisal committee, the basic living expenses shall be issued by the local government.
Where the persons of courage for justice meet the provisions of the first paragraph of Article XV, but can not be treated accordingly, they shall be treated in accordance with the provisions in the second paragraph of the Article.
The specific measures for the implementation of the provisions in the Article shall be formulated by the people’s government of the city (divided into districts).
Article XVI The person who receives the honorary title of the person of courage for justice issued by the local people’s government at or above the county level shall have the priority for employment, schooling and recruitment under the same conditions.
The persons with the title of “Hero of Courage for Justice” enjoy the treatment of the provincial model worker.
Article XVII Where the persons who sacrifice due to the act of courage for justice meet the conditions for the martyr, they shall be approved by the provincial people’s government as a revolutionary martyr.
Chapter IV Funding
Article XVIII The local people’s government at or above the county level shall set up special funds earmarked for awarding and protecting the persons of courage for justice.
Article XIX The people’s government of province or city divided into districts as well as the county (city, district) where conditions are favorable can, according to the state provisions, establish the foundation of courage for justice with its office being set at the public security organs at the same level.
Article XX The sources of the fund of courage for justice are as follows:
(I) The appropriations of the people’s governments at all levels;
(II) The donations from the social organizations, enterprises, institutions and individuals inside or outside the Province;
(III) The donations from the beneficiaries of the deed of courage for justice;
(IV) Other donations.
Article XXI The fund of courage for justice shall be used as follows:
(I) To award, provide pensions for and console the persons of courage for justice;
(II) To provide financial assistance for the families of the persons of courage for justice who sacrifice or the disabled persons of courage for justice, and to provide the disabled persons with financial subsidies for their rehabilitation;
(III) To provide life insurance for the persons of courage for justice;
(IV) To publicize the heroic deeds of the persons of courage for justice;
(V) Other expenses that can be paid in accordance with the provisions.
Article XXII The foundation of courage for justice or the special fund managing agency for courage for justice shall establish and improve a sound management system for the fund, set up the board of supervisors, publish regularly information on the use of the funds, and accept the supervision of the relevant state organs and society according to law.
Chapter V Legal Liability
Article XXIII The person responsible for the injury, disabilities, or death of the persons of courage for justice, shall bear the corresponding civil liability according to law; where a crime is constituted, they shall be investigated for their criminal responsibility.
Article XXIV Where the state functionaries, when the national, collective interests and the lives and property of others are infringed, fail to take measures within their power, thus leading to serious consequences, they shall be given administrative punishment depending on the seriousness of the situation.
The state functionaries with relevant statutory responsibilities who commit the acts prescribed in the preceding paragraph, or the responsible persons in violation of the provisions of Article XIII of these Regulations, shall be punished in a severe manner; where a crime is constituted, they shall be investigated for their criminal responsibility.
Article XXV Where the legitimate rights and interests of the persons of courage for justice are not protected in accordance with the provisions of this Regulations, the person concerned, his or her family members, his or her units, or villager’s (neighborhood) committees where he or she belongs shall have the rights to appeal to the local people’s governments at all levels. Where the responsible persons refuse to implement the provisions of these Regulations, the governments at all levels shall promptly deal with them.
Article XXVI Where the relevant departments and units fail to implement the awarding and protective measures for persons of courage for justice in accordance with the provisions of these Regulations, the government at same level shall order a correction. If the correction has been refused, the persons responsible shall be given administrative sanctions. Where anyone embezzles or misappropriates the special funds for the courage for justice, and the act does not constitute a crime, they shall be given administrative sanctions; where a crime is constituted, they shall be investigated for their criminal liabilities.
Chapter VI Supplementary Provisions
Article XXVII These Regulations shall come into force on the date of promulgation.
No. 21
The Decision of the Standing Committee of the People’s Congress of Jiangsu Province on Revising the “Regulations of Jiangsu Province on Awarding and Protecting the Persons of Courage for Justice”, adopted at the Ninth Meeting of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province on May 20, 2009, is hereby promulgated and shall come into force since June 1, 2009.
May 20, 2009
Regulations of Jiangsu Province on Awarding and Protecting the Persons of Courage for Justice
(Adopted at the Fifteenth Meeting of the Standing Committee of the Eighth People’s Congress of Jiangsu Province on June 16, 1995; Revised for the first time according to the Decision of Revising the “Regulations of Jiangsu Province on Awarding and Protecting the Persons of Courage for Justice” adopted at the Thirty-second Meeting of the Standing Committee of the Ninth People’s Congress of Jiangsu Province on October 23, 2002; Revised for the second time according to the Decision of Revising the “Regulations of Jiangsu Province on Awarding and Protecting the Persons of Courage for Justice” adopted at the Ninth Meeting of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province on May 20, 2009)
Chapter I General Provisions
Article I These Regulations are enacted in accordance with the relevant laws and regulations of the State, in light of the specific situation of this Province, for the purposes of standardizing and strengthening the work of awarding and protecting the persons of courage for justice, carrying forward the traditional virtues of courageous Chinese nation, upholding social justice, safeguarding social stability and promoting socialist spiritual civilization.
Article II The Regulations apply to the awarding and protection of the persons of courage for justice in the administrative regions of this Province.
The "courage for justice" used in the Regulations refers to one of the following behaviors:
(I) To come forward with the fight against illegal and criminal acts when the national, collective interests and people’s lives and property are infringed upon;
(II) To show outstanding behavior in protecting national, collective interests and the lives and property of others in the disaster relief work, regardless of personal safety; and
(III) Other prominent deeds of courage for justice.
Article III The state organs, social organizations, enterprises and institutions shall award and protect the persons of courage for justice in order to promote righteousness, uphold justice and dispel evils.
The publicity departments and media units at all levels shall vigorously disseminate the heroic deeds of the persons of courage for justice and give full play to the role of orientation for public opinions.
The national functionaries shall set a good example for others in being courageous for justice.
Article IV The local people’s governments at all levels shall be responsible for awarding and protecting the persons of courage for justice. The daily work shall be handled by public security organs.
The department of public security, civil affairs, labor and social security, personnel, public finance, education, health, finance, insurance and other departments and agencies shall work closely to fulfill effectively the relevant functions and duties.
Chapter II Awards
Article V The principle of the spirit award combining with material reward shall be practiced for the persons of courage for justice.
Article VI The local people’s governments at or above the county level shall, according to the performance and contribution of the persons of courage for justice, conferring the following single or multiple awards:
(I) Awards;
(II) Recording merits;
(III) Giving honorary titles;
(IV) Other awards.
The local people’s governments at or above the county level shall distribute a certain amount of award money to the persons of courage for justice while conferring the aforementioned awards.
Article VII The honorary titles are classified as “Hero of Courage for Justice” and “Advanced Element of Courage for Justice.”
The conferring of the title of “Hero of Courage for Justice” shall be approved by the provincial people’s government; the conferring of the title of “Advanced Element of Courage for Justice” shall be approved by the local people’s governments at or above the county level.
Article VIII The state organs, social organizations, enterprises and institutions shall award the persons of courage for justice in their systems and units.
Article IX The local people’s governments at or above the county level shall establish an assessment system for the persons of courage for justice.
Article X The persons of courage for justice to be reported to the local people’s governments above the county level for award shall be reported to the public security organs at or above the county level by the township (town) people’s government or the police station of the locality where the act of courage for justice occurs, or the unit of the persons of courage for justice; the villagers’ (neighborhood) committee can also recommend directly the persons of courage for justice to the public security organs at or above the county level.
The public security organs at or above the county level shall carry out investigation and verification of the conduct of courage for justice submitted for award. If it complies with the provisions of these Regulations, the public security organs shall go through the formalities for award timely in conjunction with the relevant departments, and report it to the people’s government at the same level for approval.
Article XI The local people’s governments at or above the county level shall commend those who make outstanding contribution in the work for courage for justice.
Chapter III Protection
Article XII The act of courage for justice is protected by law. For the persons impaired due to the act of courage for justice, their units, the relevant departments and the juridical organs concerned shall take appropriate protective measures to help them solve the practical problems in their life, health, employment, schooling, and preferential treatment for serviceman.
Article XIII The public security organs, juridical organs and the relevant units at all levels shall take effective measures to protect the persons of courage for justice and their relatives needed to be protected; the law-breaking and criminal acts in retaliation of the persons of courage for justice and their relatives shall be punished according to law in a severe manner.
The persons of courage for justice and their deeds, unsuitable to be open to the public shall be kept secret.
Article XIV The wounded persons of courage for justice shall be timely rescued and treated by medical institutions and relevant units. There is no reason to refuse or delay the medical treatment.
Article XV For the persons of courage for justice who are injured or maimed or died, where they meet the conditions for work injuries and medical insurance, they shall be treated according to the provisions on work injuries or medical insurance, and other benefits shall remain unchanged during treatment.
Where the persons of courage for justice are not entitled to the work injuries and medical insurance, they shall be treated according to the following provisions:
(I) handled by civil affairs department with reference to the national and provincial provisions on administration of pensions for wounded or disabled persons;
(II) the local people’s government is responsible to cover the medical costs;
(III) besides the minimum living allowance, the additional living subsidy can be issued by the local people’s government;
(IV) for the farmers who have completely lost the ability to work confirmed by the labor appraisal committee, the basic living expenses shall be issued by the local government.
Where the persons of courage for justice meet the provisions of the first paragraph of Article XV, but can not be treated accordingly, they shall be treated in accordance with the provisions in the second paragraph of the Article.
The specific measures for the implementation of the provisions in the Article shall be formulated by the people’s government of the city (divided into districts).
Article XVI The person who receives the honorary title of the person of courage for justice issued by the local people’s government at or above the county level shall have the priority for employment, schooling and recruitment under the same conditions.
The persons with the title of “Hero of Courage for Justice” enjoy the treatment of the provincial model worker.
Article XVII Where the persons who sacrifice due to the act of courage for justice meet the conditions for the martyr, they shall be approved by the provincial people’s government as a revolutionary martyr.
Chapter IV Funding
Article XVIII The local people’s government at or above the county level shall set up special funds earmarked for awarding and protecting the persons of courage for justice.
Article XIX The people’s government of province or city divided into districts as well as the county (city, district) where conditions are favorable can, according to the state provisions, establish the foundation of courage for justice with its office being set at the public security organs at the same level.
Article XX The sources of the fund of courage for justice are as follows:
(I) The appropriations of the people’s governments at all levels;
(II) The donations from the social organizations, enterprises, institutions and individuals inside or outside the Province;
(III) The donations from the beneficiaries of the deed of courage for justice;
(IV) Other donations.
Article XXI The fund of courage for justice shall be used as follows:
(I) To award, provide pensions for and console the persons of courage for justice;
(II) To provide financial assistance for the families of the persons of courage for justice who sacrifice or the disabled persons of courage for justice, and to provide the disabled persons with financial subsidies for their rehabilitation;
(III) To provide life insurance for the persons of courage for justice;
(IV) To publicize the heroic deeds of the persons of courage for justice;
(V) Other expenses that can be paid in accordance with the provisions.
Article XXII The foundation of courage for justice or the special fund managing agency for courage for justice shall establish and improve a sound management system for the fund, set up the board of supervisors, publish regularly information on the use of the funds, and accept the supervision of the relevant state organs and society according to law.
Chapter V Legal Liability
Article XXIII The person responsible for the injury, disabilities, or death of the persons of courage for justice, shall bear the corresponding civil liability according to law; where a crime is constituted, they shall be investigated for their criminal responsibility.
Article XXIV Where the state functionaries, when the national, collective interests and the lives and property of others are infringed, fail to take measures within their power, thus leading to serious consequences, they shall be given administrative punishment depending on the seriousness of the situation.
The state functionaries with relevant statutory responsibilities who commit the acts prescribed in the preceding paragraph, or the responsible persons in violation of the provisions of Article XIII of these Regulations, shall be punished in a severe manner; where a crime is constituted, they shall be investigated for their criminal responsibility.
Article XXV Where the legitimate rights and interests of the persons of courage for justice are not protected in accordance with the provisions of this Regulations, the person concerned, his or her family members, his or her units, or villager’s (neighborhood) committees where he or she belongs shall have the rights to appeal to the local people’s governments at all levels. Where the responsible persons refuse to implement the provisions of these Regulations, the governments at all levels shall promptly deal with them.
Article XXVI Where the relevant departments and units fail to implement the awarding and protective measures for persons of courage for justice in accordance with the provisions of these Regulations, the government at same level shall order a correction. If the correction has been refused, the persons responsible shall be given administrative sanctions. Where anyone embezzles or misappropriates the special funds for the courage for justice, and the act does not constitute a crime, they shall be given administrative sanctions; where a crime is constituted, they shall be investigated for their criminal liabilities.
Chapter VI Supplementary Provisions
Article XXVII These Regulations shall come into force on the date of promulgation.
