Hotspot Engine Project Content**Echoes of poetry.
On January 30, 2024, I was at the hotelCheck-in as normal。Around 10 p.m., a group called themselvesZhidong Guoming Guanxia Xingfu Street Police StationThe police broke into the hotel room without permission and demanded that my friend and I show our ID cards. I asked them to show their documents in accordance with the provisions of the Police Act, and they got emotional and yelled at me:"What are you crazy about, what qualifications do you have to ask us to show our documents? "We wear this dress to be qualified to make it mandatory to check you."After I asked again, a person with the number X took the lead, with several fellow travelersThey handcuffed me to the wall。Outside, at minus 2 degrees Celsius, when I was wearing only single clothes, they pushed me all the way to the Xingfu Street police station. What is even more absurd is that the reason I was released was because there were only two policemen on duty, one of whom angrily said that he had forgotten at home after I asked for a police card, and since I could not confirm his identity, the other policeman asked me to go back for the time being, and I would make up the record later.
*This article is based on real events, and we have reached an agreement after communicating with the people involved. The head of the police station seriously criticized and educated the people involved in the case for their problems in law enforcement, and expressed his sincere apologies to me. In order for everyone to have a good year, this article has been anonymized.
*It is hoped that this article will promote further strict enforcement by the civilian police.
Text: Zhao Kongliang, late period, He Yan.
My friend Diluc, who is scheduled to get married on January 31, invited me to be the best man, which would have been a happy day.
A few of our friends booked a newly opened hotel, which is located opposite the Mingguanxia Xingfu Street Police Station. After arriving at the hotel, I followed the hotel's requestCheck-in as normal
It wasn't until around 10:50 p.m. that the hotel door suddenly opened, and I rushed inA group of unidentified individuals dressed in black。A man in black at the head, with the number X* printed on the upper right corner of his clothes, had a very bad attitude, and when he entered the door, he scolded and pointed at us with his finger:"You guys take out all your IDs! ”Then, I don't know who, I kicked the wooden bed in the room.
A wooden bed that was kicked in.
For a few reasons, I didn't take out my ID directly:
1.At this time, it was already late at night, and the other party suddenly broke in without any greetings, with a very bad attitude and inner resistance;
2.The number of the person headed by him starts with x, even if the other party is really a member of the police station, he is also an assistant policeman. Auxiliary police officers cannot enforce the law alone without being accompanied by a regular police officer;
3.According to the police law, they must show relevant documents to enforce the law, and I have also encountered house rounds in Liyue before, and the police took the initiative to issue documents in accordance with the law, and I expressed my cooperation.
4.It is my right as a citizen to see their documents, and I want to see them.
After I asked them for a police ID, they got emotional and yelled at me:"What are you crazy about, what qualifications do you have to ask us to show our documents? ”
I immediately stated that, under article 9 of the Police Act, they had to produce documents to enforce the law.
"We wear this dress to be qualified to make it mandatory to check you."After the assistant police officer finished speaking, several officers rushed up and pressed my hands behind my back.
I told them that I didn't commit any crimes, that they were acting illegally. They seemed to hear something funny. They not only dared to put my hands on my hands, but also to handcuff me.
I was unbelieving at first. After graduating from graduate school, I wrote about the police law, according to the laws of my countryHandcuffs are police weapons and need to be used according to strict regulations. But the assistant police directly took out the handcuffs and handcuffed me to the groundThen another officer forcibly pushed me out of the door and yelled at me to take me to the police station for a few days.
Article 9: In order to preserve public security and order, the people's police of public security organs may interrogate and inspect persons suspected of violating the law or committing crimes on the spot upon presentation of the corresponding identification; In any of the following circumstances after interrogation or inspection, they may be brought to the public security organs, and upon the approval of the public security organs, they may be continued for interrogation: (1) they are accused of criminal conduct; (2) There is a suspicion of committing a crime at the scene; (3) There is a suspicion of committing a crime, and the identity is unclear; (4) The items carried may be stolen.
Article 4 of the Police Law: Auxiliary police shall carry out auxiliary policing work under the command and supervision of the public security organs and their people's police.
Article 9: Auxiliary police must not engage in the following work: (7) Custody of ** and police equipment; (8) Separate law enforcement.
Opinions on Regulating the Management of Police Auxiliary Personnel in Public Security Organs".
He looked at me with a smug look in his eyes at first, but when he saw my smile and looked a little disappointed, he probably thought I was provoking him.
Not reallyI was thinking, it turned out that Director Zhou was laughing because of this.
I have studied the genuine version of the "Police Law" for two years, but I did not expect that these police comrades never seem to have studied the genuine version, which also shows that the significance of our academic research is indeed relatively limited to the grassroots.
After all, they want to abuse power, we want to limit power, and the way is different.
Article 3: "Police equipment" as used in these Regulations refers to police equipment such as batons, tear gas, high-pressure water cannons, special anti-riot guns, handcuffs, leg irons, and police ropes that people's police are equipped with in accordance with provisions.
Regulations of the People's Republic of China on the Use of Police Instruments by the People's Police
On the way, they were even more proud to hear that I was a graduate of Liyue School of Political Science and Law and that I was working at Mondstadt Law Firm.
The people who pushed me warned me not to think that I was very good after a few years of studying, because he was more qualified than me.
I nodded, brother, you are too powerful.
It was minus two degrees outside, and I told him I was coldHe said I deserved it, who made me "can".
"Neng" is the dialect of the Solstice Kingdom, which means that he likes to show off his abilities.
I originally wanted to tell him that the two supreme courts and the first department strictly prohibit the use of cold, starvation, and roasting on criminal suspects, not to mention that I am not even a criminal suspect, so I thought about it.
I'm to blame for this, and it's likely that I'm the first person to ask them to show their police ID.
When I got to the police station, they handed me over to an auxiliary police officer and asked him to search me.
I said that the conditions of your police station are good, and you can still play PS5 during working hours.
He looked at me and didn't speak.
I was going to ask him, what about your search warrant? After thinking about it, it must not be.
There were a couple of kids, fifteen or sixteen years old, looking at me like freaks.
The waiting process is boring. A few children saw that I knew a little bit of the law and asked me some legal questions, and I learned that these children who were not handcuffed had just sent someone into the ICU, and their case was still a case personally supervised by the Anti-Crime Office, so I was in awe.
A policeman pushed the door in and tried to uncuff me, but I politely refused.
I said, why I put these handcuffs on it has not been explained clearly, I think it is better to explain it clearly and then take it off.
He, like everyone else, warned me not to be too competentHe also personally attacked my long hair
I'm a little annoyed.
Originally, you should have given me the law, but the result was that I kept persuading you to enforce the law in a civilized manner, and now you are still attacking me personally.
When I arrived at the police station, I learned that they were doing the rounds because the hotel had a problem with irregular registration.
Then the matter is more complicated: am I a witness, or am I a criminal suspect? If the investigation was into the hotel's problem, I should have been a witness, but why were the handcuffs on my hands? If it's a criminal suspect, I really can't figure out what I'm doing is inconsistent with the law.
After thinking about it, I still think that the problem is that I asked them to issue a police ID.
Several policemen, auxiliary police, and auxiliary police came one after another, and they were all confident, saying that they had never shown their police cards and that no one had ever asked them to show their police cards.
One policeman told me that he was still at home with his police card and looked proud.
I said, you guys are breaking the law, and I said I'm tired.
At first, the policeman asked me to tell me which law they were violating.
I said Article 9 of the Police Act, which requires the presentation of the corresponding documents before interrogation.
I don't know if he checked it and suddenly got annoyed.
Another policeman's voice suddenly raised: "Break the law, break the law, break the law!" You can sue as you like! You can sue anyone! You can post it online, we've always done it, and I'll see who cares about us. ”
I didn't speak, and a sentence popped up in my head: I have my own national conditions here in the winter.
The state has its own laws, all the rules, and the police regulations with their own characteristics are reasonable.
After being handcuffed for more than half an hour, a policeman came in again and asked me if I could untie it.
I asked him why he was handcuffing me, and he was speechless.
Viciously said to me, then you are uncomfortable. I looked at him with a smile and didn't speak.
After waiting for more than half an hour, an assistant police officer finally came and told me that he wanted to make a record for me.
They took me into the interrogation room, and a policeman wanted to uncuff me again, I said no, let's ask first, the simultaneous audio and video recordings should be opened, and the witnesses in the administrative case were still quite shocked to make handcuffs and make records.
He said, how do you sign in handcuffs? How to press the mudra, open it quickly.
I said I could, and showed him my dexterous right hand.
Eventually, I decided to let him open the handcuffs. I sat in a chair and an auxiliary police officer asked me what my name was and how much my ID was. I asked him if he was taking notes for me, and he said no, and I said I'd wait until I made the notes.
He said, I can make a transcript for you.
I said, "You can't." Two official police officers must be present at the same time to make a record.
He walked out the door and shouted to the outside world: he wants two police officers to be present at the same time before he will take notes.
I'd love to correct him :It's not "only those who are willing to make a record", but "who can make a record"., this is the rule, think about it.
Article 52: [GF] 2002 [ GF] When public security organs conduct investigation and evidence collection work such as questioning, identification, inspection, or inquest, or carrying out administrative compulsory measures, the people's police must not be less than two, and they must indicate their law enforcement status.
Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs
After a while, two familiar policemen came, and I said such a coincidence, it was you again.
A policeman looked at me and said that it would be just the two of us on duty today.
He looked at me and asked me what my name was and what my ID was. I asked him if he had CCTV footage. They are all open 24 hours a day, he said.
I said, "Please show me your police ID."
An expressionless policeman took out his police ID card from his pocket, shook it in front of my eyes, and then coughed dryly, saying that he had forgotten his police ID card at home.
I said that I can't determine his identity, I can't do it, according to the public security organs' procedural regulations for handling administrative casesNo fewer than two police officers will be questioned and identification must be presented.
Actually, I didn't say it here, the Administrative Punishment Law also stipulates it, and it is particularly emphasized in this article"Law enforcement personnel shall enforce the law in a civilized manner, respecting and protecting the lawful rights and interests of the parties. ”I was so tired that I only said one.
Article 55: When law enforcement personnel conduct investigations or inspections, they shall proactively present their law enforcement identification to the parties or relevant personnel. Parties or relevant persons have the right to request that law enforcement personnel present their law enforcement identification. Where law enforcement personnel do not present their law enforcement identification, the parties or relevant personnel have the right to refuse to accept the investigation or inspection.
Parties or relevant persons shall truthfully answer inquiries and assist in investigations or inspections, and must not refuse or obstruct them. A record shall be made of the questioning or inspection.
Administrative Punishment Law
Another policeman without a document was angry and yelled, do you like to do it or not, if you don't do it, get out of the way, if you don't do it, you will be locked up!
I spread my hands, and I have made a request from the beginning, hoping that you will act according to the law.
Another policeman said that he will be the best man tomorrow, why don't you let him go first, and then you will do it tomorrow after you get your permit? The angry policeman was noncommittal and went upstairs on his own.
I thanked him for his understanding and got dressed and planned to go back. When I got to the door, the assistant police officer with the number XJ31115 looked at me with angry eyes. I explained to him, and I said that the reason I asked you to show your ID is because you are an auxiliary policeman, and the auxiliary police cannot enforce the law alone, and there is no intention of targeting.
They may have misunderstood and thought that I was provoking, and for a while there were several words of abuse and rebuttal floating in the room, one of which was very interesting, he said:"Did the auxiliary police eat your rice? ”
In fact, I want to say, to be precise, that you are indeed using taxpayers' money, and as a part of taxpayers, there are a few grains of rice that I contributed to the rice you eat.
After thinking about it, I went back to the hotel, and it was already one o'clock in the morning when I arrived at the hotel.
On the afternoon of January 31, I went to the police station to take notes, and the police officer who received me told me that the police officer who forgot to bring his police ID card yesterday had already left work, and asked me why I didn't come earlier.
I ignored him, what I did in the morning was much more important than taking notes here, not to mention that you said yesterday that it would be tomorrow, and you didn't say what time it was.
After that, I went to the district inspection and the city inspection to reflect. The staff of the district inspection were very sympathetic to my plight, but said that they were very embarrassed, because the power to directly file a case for investigation lies with the city inspection, and I expressed my understanding.
So I went to the city inspection again, and the city inspection staff told me that it would not be accepted.
When I asked why, she told me, "There is obviously no illegal crime, and the procuratorate has no authority to accept it." ”
When I asked her for a written submission, she said, "We never provide written submissions. ”
A prosecutor next to me asked me, do you understand? The procuratorate can only supervise litigation activities, and you are doing litigation activities?
I said, this is an administrative case, I am most likely listed as a witness, they have illegal use of police equipment on witnesses, you have no right to supervise?
She said, too lazy to argue with you. Ignore me and go.
Article 20: People's procuratorates exercise the following functions and powers: (1) Exercising investigative powers in relevant criminal cases in accordance with legal provisions; (5) Carry out legal supervision of litigation activities.
Organic Law of the People's Procuratorates of the People's Republic of China
I didn't feel angry about this experience, and I was still smiling at the corners of my mouth at times when I wrote it.
The feeling is ridiculous, it's a feeling of powerlessness and exhaustion. Everything you've learned, everything you've known, is completely impossible to do in a strange space. They tell you that you have to obey the law as a citizen, and they also tell you that they have the right to trample on the discipline that you have to follow. They are the breeders of rules and the gravediggers of rules. It is only today that I can fully understand Meursault, portrayed by Camus in The Outsider.
I messaged a friend and said:
I suddenly remembered a police attack case handled by our team.
The public security organs accused an 80-pound woman of causing 6 injuries to the male police officer in 8 seconds with her hands handcuffed, and the family members and team members of the parties worked hard to argue with the prosecutor and the judge on the basis of reason, and finally achieved the result of conviction and exemption from punishment. Lawyer He Zhijuan sighed more than once: It is really not easy for this case to be like this.
I thought: It's good that I didn't resist, otherwise I would have to trouble Lawyer He to save me.
The world is truly ridiculous.