China is soliciting public feedback on a new draft law that explains when police officers can use force while on duty.
The Ministry of Public Security released the draft of the revised People's Police Law on its official website on Thursday, which highlights the use of weapons and force.
The draft states, "When the police are faced with violent resistance to regular law enforcement, and when the suspect refuses to heed a warning, the police can use expulsive and prohibitive equipment."
When the suspect stops his or her behavior and obeys the police's orders, the police should stop using the equipment, the draft said.
"However, the draft law remains very vague on the use of weapons. For example, it fails to state when I am allowed to fire my pistol or rifle," an officer surnamed Luo, who is assigned to the Foshan, South China's Guangdong Province police force, told the Global Times on Sunday.
"We really want to know when we can shoot the suspects without legal liability," Luo said.
"Additionally, although some suspects don't physically attack you, they also badly interrupt our law-enforcement efforts," a traffic police officer surnamed Liu from Nanning, South China's Guangxi Zhuang Autonomous Region, told the Global Times.
"They may curse us or lie on the ground to stop our car. Can we arrest them using force?" Liu wondered.
The draft law also gives the police more freedom to use search warrants.
After showing their ID and search warrants, the police can search or inspect the suspected area, items and personnel. In cases which require immediate search and inspection, the police can simply show their ID and conduct forceful search if the suspects refuse to cooperate, according to the draft.
"The new draft law clarifies that in emergency cases we can use our police ID in place of the search warrant, but the Criminal Procedure Law, which significantly guides police law enforcement and is superior to the People's Police Law, has not been revised," Liu said.
Henan Province police said when they ask assistance from telecom companies and banks, it takes time to apply for a search warrant to get companies and banks to cooperate, The Beijing News reported in September.
