Draft rules clarify police procedures on self-defense, school bullying

China's Ministry of Public Security has proposed clearer rules on justifiable defense, school bullying and the handling of illegally recorded private images as part of a broader revision of procedures for police handling administrative cases.

The ministry released a draft revision to the procedures for handling administrative cases by public security organs on Friday, seeking public comments through Nov 28.

An explanatory document said the proposed changes are intended to bring police procedures into line with revisions to laws on administrative penalties, public security and the prevention of juvenile delinquency. They would also incorporate practices developed through efforts to standardize law enforcement and strengthen the protection of citizens' lawful rights and interests.

One provision seeks to clarify how police should assess acts of justifiable defense in public security cases. Actions taken to stop ongoing unlawful infringements would not constitute public security violations and would not be subject to punishment, even if they cause harm.

If such actions clearly exceed what is necessary and cause relatively serious harm, penalties would apply but must be reduced. Cases involving minor circumstances would be exempt from punishment. The draft also makes clear that provoking an attack as a pretext for harming another person, or engaging in mutual fighting, does not qualify as justifiable defense.

The proposed rules also seek to hold schools accountable for failing to respond to serious bullying. If police discover that a school knowingly failed to report or address serious student bullying, or other crimes against underage students, as required by law, they must order the school to rectify the problem. Police would also issue recommendations for disciplinary action against the officials and staff directly responsible.

Additional safeguards are proposed for female minors involved in administrative cases. A female staff member must be present when police question underage female suspects, victims or witnesses. In cases involving sexual assault or violence against minors, underage female victims or witnesses must be questioned by female police officers.

Questioning of underage victims or witnesses in such cases should be audio- and video-recorded and completed in one session wherever possible, reducing the need for repeated interviews.

The draft also strengthens privacy and personal information protections. In cases involving infringements of privacy or personal information, police must order offenders to delete or destroy illegally recorded images, audio and video files, documents and other electronic data stored on their devices after preserving the material as evidence.

The draft further clarifies jurisdiction over immigration-related administrative cases. For exit-entry violations involving people repatriated from abroad, the public security authority receiving them would have jurisdiction. When necessary, police in the place where the violation occurred or where the person resides could also handle the case.

For violations involving people entering or leaving China, or their transport vehicles, police in the place where the violation occurred would generally have jurisdiction. When necessary, police in the place where the violation occurred or where the person resides could also handle the case.

Other proposed changes cover cross-regional police cooperation, jurisdiction over cases occurring on trains and expanded hearing rights in complex or socially significant cases.

The revision also seeks to improve procedures for administrative detention, including possible postponement or temporary leave under specified family or examination-related circumstances, and strengthen coordination between administrative and criminal proceedings.