Interpretation of the new security regulations issued by the State Council： put an end to security guards turning into thugs
Security is an indispensable part of city life. While giving citizens a sense of security, they also hear noises such as "security guards searching" and "security guards beating people".
Recently, the Legislative Affairs Office of the State Council promulgated the Regulations on the Administration of Security Services (Draft), which clearly stipulated for the first time that security guards are not allowed to be searched and other "seven prohibitions".
What is the significance of this draft to the public? Yesterday, the reporter asked some legal professionals in Guangzhou to interpret the draft.
Meaning 1 of the draft: Security ultra vires behavior will be reduced.
In the past, security companies were monopolized by the public security departments, which led some security guards to have a "public security mentality" and they always exceeded their authority to enforce the law.
On the evening of May 29th last year, the cable materials of a building site in Nanhai, Foshan City were stolen. Yang, the security captain of the real estate project department, suspected that the thief had committed the crime, and then found some cables in the dormitory of electrician Wang, which were suspected to be stolen goods.
Security guards Zeng and Wang Mousheng imprisoned Wang in the manager’s room of the project department and beat him to extract confessions. Wang was finally forced to write down "confession materials".
Disadvantages of the old days: Only the public security department operated it, and the security guards regarded themselves as public security ―― Lawyer Xiao Xionghui said: According to Chinese laws, security companies must be monopolized by the public security department. This has led to the separation of management and management in the security industry. Some security personnel regard themselves as public security, and even make the behavior of forcing others to write "confession materials" in cases.
Now there are new regulations ―― Article 4 of the draft: Public security organs are responsible for the supervision and management of security service activities.
Interpretation of the draft: Mr. Ma, Guangzhou Legislative Affairs Office, said: The Ministry of Public Security asked the State Council for instructions and decided to adjust the policy. The public security organs changed from "handling security service companies" to "supervising security service activities", and the public security organs will only be responsible for the examination and approval of security access conditions in the future, which means that the shortcomings of the security industry can be solved, and the ultra vires behavior of forcing others to write "confession materials" will be reduced.
Draft Significance 2 Improvement of the overall quality of the security industry
The uneven quality of security guards is the source of a series of contradictions between security guards and citizens. "Improving the overall quality of the security industry" has become the aspiration of many citizens.
On December 3, 2006, Ms. Fang and her friend Ms. Liu went shopping in a supermarket belonging to a shopping center in Shaoguan. When Ms. Fang left after shopping, the security guards of the supermarket stopped her, saying that she suspected that she had taken something from the supermarket, and took it to the duty room for questioning and forcibly searched her. The result was nothing.
Disadvantages of the old days: Anyone can be a security guard ―― Lawyer Tang Hongju pointed out: According to the law, security guards only have the duty of guarding property and preventing infringement, but have no right to search and beat people. However, with the rapid development of economy and society, the demand for security work in society has increased greatly, and the number of existing security guards is far from meeting the needs of society. Some units recruit a large number of security guards privately, which leads to the entry of some low-quality people who do not understand the law.
Now there is a new regulation-Article 15 of the draft stipulates that security guards should meet the following conditions:
(three) graduated from junior high school, passed the examination by the public security organs and obtained the "professional qualification certificate for security guards".
Seventeenth security service training institutions shall, in accordance with the security guard training syllabus, formulate training and teaching plans, and educate the trained personnel on the legal system, security professional skills and professional ethics; Those who have passed the examination shall be issued with the Professional Qualification Certificate of Security Officers by the public security organs of the municipal people’s government located in the districts, and those who have not obtained the Professional Qualification Certificate of Security Officers shall not take up their posts.
Thirty-seventh security guards who have been engaged in security services before the implementation of these regulations shall obtain the "Professional Qualification Certificate for Security Guards" within one year from the date of implementation of these regulations.
Interpretation of the draft: Mr. Ma, the Legislative Affairs Office of Guangzhou City, believes that it turns out that security service companies and units that employ security guards only hope that security guards can ensure the safety of their units, and often ignore the skills and professional ethics training of security guards. Now, the laws and regulations force security guards to take up their posts by textual research, which will improve the legal quality of security guards from the source. It is expected that illegal body searches will be eliminated.
Meaning 3 of the draft "black security" will be eliminated.
There are a large number of "black security guards" in some enterprises and institutions, and their roles are like "thugs", which have become the tools for bosses to bully the market. The citizens hate these "black security guards".
Chen Yifeng, the former "black boss" in Shenzhen, founded Shenzhen Guanfenghua Group in 1993. According to the survey, there were more than 200 "black security guards" in the group.
Disadvantages of the old days: it is easier for units to build their own security guards to run amok ―― Lawyer Zhong Wei said: The so-called "black security guards" generally refer to security guards built by enterprises and institutions themselves, not from security service companies. At present, there are so many security guards that it is difficult for public security organs to supervise and manage them.
Now there is a new regulation ―― Article 2 of the draft. These Regulations shall apply to security service enterprises that accept the entrustment to provide security services for client units and enterprises and institutions that employ security guards to provide security services for their own units.
Article 3 Enterprises and institutions that employ security guards to engage in their own security services (hereinafter referred to as self-built security units) shall file with the public security organs in accordance with the provisions of these Regulations.
Interpretation of the draft: Mr. Ma, Guangzhou Legislative Affairs Office, told the reporter: "The new draft" Regulations "clearly stipulates that these regulations are applicable to the security of self-built security units. Therefore, these self-built security guards must go to the public security organs for the record and accept their supervision. Otherwise, it is illegal for them to engage in related services. Such a regulation will put an end to’ black security’ from the source. "
Draft meaning 4 Security guards will be protected if they "disobey orders" according to law.
Many security guards said after breaking the law: "I also know that the boss’s order is illegal, but if I don’t obey, I will be retaliated." This has become the reason why many security guards deliberately violate the law.
Teacher Ding from the School of International Media Design of Beijing Normal University Zhuhai was dismissed by the school. Ni, the vice president of the school, informed the school security office that 10 security guards rushed to the scene. Teacher Ding was beaten by one of the security guards until his head bled.
Disadvantages of the old days: the security guard only defends the interests of the boss ―― Yuan Zhi? The lawyer said: because the security guards are employed by the boss, they must obey the boss’s instructions. They can only see the boss in their eyes, and naturally they can’t see the law.
Now there is a new regulation ―― Article 25 of the draft, security guards have the right to refuse to carry out the illegal instructions of security practitioners or customers. Security practitioners shall not terminate the labor contract with security guards, stop paying relevant social insurance premiums, or reduce their labor remuneration and other benefits because security guards do not execute their illegal instructions. If the security business unit causes damage to the security guards, it shall be liable for compensation according to law.
Interpretation of the draft:
Mr. Ma believes that considering the practical difficulties of security guards, the draft specifically grants this right to security guards. Of course, whether it can be implemented depends on the security guards themselves.
■ Highlights
Make it clear that "seven prohibitions", It is more conducive to supervising security.
It is worth noting that the new regulations clearly stipulate the behaviors that security guards cannot have. "Article 24: A security guard shall not commit any of the following acts: (1) restricting the personal freedom of others or illegally searching others’ bodies; (2) Insulting, beating or instigating the beating of others; (3) Seizing or confiscating other people’s certificates and property; (4) Obstructing the execution of official duties according to law; (5) recourse to debts and settlement of disputes by means of violence or threat of violence; (6) Infringe on citizens’ privacy or divulge classified information; (seven) other acts in violation of laws and administrative regulations. "
Mr. Ma from Guangzhou Legislative Affairs Office told the reporter that it is the first time to put together the forbidden behaviors of security guards in a centralized and clear way, which is not only beneficial for security guards to know what they should and should not do, but also beneficial for the society to supervise whether security behaviors are illegal.
Xiao Xionghui, a lawyer from Guangdong Shunhua Law Firm, suggested that security guards can also form a security association, just like the Law Association, and it will be more effective to carry out regular management through private self-discipline institutions and combine it with public security supervision.
Editor: Yin Wei