中华人民共和国戒严法 MARTIAL LAW OF THE PEOPLES REPUBLIC OF CHINA

r continuous implementation shall in light of the situation be timely proclaimed for termination of their implementation.

　　Chapter IV Duties of the Martial Law Enforcers

　　Article 21 The people's police， the armed people's police and the people's liberation army undertaking tasks of martial law enforcement are the enforcers of the martial law.

　　Martial law enforcers undertaking martial law enforcement tasks shall bear the badge uniformly specified by the martial law enforcement organ.

　　Article 22 Martial law enforcers shall according to prescriptions of the martial law enforcement organ have the power to make inspection on certificates， vehicles and commodities of passengers on the public roads or other public places of the district under the martial law.

　　Article 23 Martial law enforcers shall according to prescriptions of the martial law enforcement organ have the power to detain persons who violate prescriptions regarding the curfew until the early morning when the curfew is lifted for that day， to make body search of the detained persons and to inspect the materials and commodities brought along with them.

　　Article 24 Martial law enforcers shall according to prescriptions of the martial law enforcement organ have the power to put under detention the following persons：

　　（1） persons who are found or highly suspect of committing crimes of imperiling the state safety or sabotaging the social order；

　　（2） persons who obstruct or resist the enforcers' implementation of tasks for enforcement of the martial law；

　　（3） persons who resist traffic control or defy the prescriptions for the curfew；

　　（4） persons who resist the enforcement of the martial law in other forms.

　　Article 25 Martial law enforcers shall according to prescriptions of the martial law enforcement organ have the power to make body inspection of the detained persons， to inspect the residence of criminal suspects， or places suspected of hiding criminals， criminal suspects or weapons， ammunitions or other dangerous articles.

　　Article 26 In any of the following cases of gathering in the

district under martial law， the martial law enforcers， when failing to stop the gathering by persuasion， may， according to relevant prescriptions， use police apparatus to stop or disperse the gathering by force， bring by force the organizers and resisters away from the gathering place and/or put them under detention immediately：

　　（1） illegal assembly， procession， demonstration or other gathering activities；

　　（2） illegally occupying public places or provoking sabotaging activities in public places；

　　（3） assaulting state organs or other important units or places；

　　（4） disturbing the traffic order or intentionally obstructing the traffic；

　　（5） gathering to plunder or sabotage the properties of government organs， associations， enterprises， institutions or individual citizens.

　　Article 27 Martial law enforcers shall timely register and interrogate the persons detained in accordance with the present Law and shall set free those persons immediately after finding it unnecessary to put them under custody.

　　The procedures and length in respect to detention and arrest during the period of martial law enforcement may not be subject to restrictions provided for by relevant stipulations of the Criminal Procedure Law of the People's Republic of China； but the act of arrest shall subject to the approval or decision of the people's procuratorate.

　　Article 28 In any of the following cases of extraordinary emergency in the district under martial law， the military law enforcers， when failing to put an end by using police apparatus， may use firearms or other weapons：

　　（1） the safety of the life of citizen or martial law enforcer being endangered by violence；

　　（2） the offender resisting by violence， committing murder or escaping when it is attempted to detain or arrest them or send them away under escort；

　　（3） the offender seizing weapons or ammunitions by force；

　　（4） the important body or target guarded being assaulted by violence or in the severe danger of being assaulted by violence；

　　（5） the operation of fire fighting， dealing with emergency， rescue or implementation of other important urgent tasks being obstructed by serious violence；

　　（6） other cases in which firearms and other weapons may be used according to law or administrative regulations.

　　Martial law enforcer shall strictly observe the prescriptions regarding using of firearms or other weapons.

　　Article 29 Martial law enforcers shall strictly observe the law， regulations and enforcement rules， obey the orders， perform the duties， respect the customs and traditions of local nationals and must not infringe upon or damage the legitimate rights and interests of the citizens.

　　Article 30 The actions conducted by martial law enforcers for fulfillment of tasks according to law shall be protected by law.

　　In case of violation of the present Law， abuse of power， violation or damage of the legitimate rights and interests of citizens by martial law enforcers， the legal liabilities shall be investigated into according to law.

　　Chapter V Supplementary Provisions

　　Article 31 In case the state does not decide to enforce a martial law when serious riot arises in partial district of a particular county or city that severely endangers the state safety， social public security and the people's lives and property， the local people's government of the respective province may， subject to approval of the State Council， decide to organize the people's police and the armed people's police to put under control the traffic and the site， make restrictions on entry into and exit from the controlled area， inspect certificates， vehicles， materials and commodities of passengers entering or exiting from the controlled area， disperse， search or bring away from the site by force the participants in the riot and immediately put under detention t

he organizers and resisters. In case the people's police and the armed people's police are not adequate to maintain the social order， the State Council may be requested to propose to the Central Military Commission for decision that the people's liberation army be dispatched to assist the local people's government in restoring and maintaining the normal social order.

　　Article 32 The present Law comes into force as of the date of promulgation

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