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中华人民共和国红十字标志使用办法

分类: 法律英语 
 

国务院
(Promulgated by Decree No. 194 of the State Council and the Central Military Commission of the People's Republic of China on January 29, 1996)
颁布日期:19960129  实施日期:19960129  颁布单位:国务院办公厅秘书局

Chapter I General Provisions

Article 1 These Provisions are formulated in accordance with the Law on the Red Cross Society and for the purpose of safeguarding the dignity of the red cross signs and properly using the red cross signs.

Article 2 The red cross sign is the red cross on the white background.

Article 3 The red cross sign is the protection sign for international humanitarianism, the special sign of the medical establishments of the armed force and the sign specially used by the red cross society.

Except those described in these Provisions, the use of the red cross sign by any organization or individual shall be prohibited.

Article 4 The red cross sign has both protection and indication roles, each of which shall not be used in confusion.

Article 5 The local people's government at different levels shall supervise and administer on the use of the red crossings within their administrative areas according to these Provisions.

The local red cross society at different levels shall assist the local people's government at the same level with the supervision and administration on the use of red cross signs.

Chapter II Protective Use of Red Cross Signs

Article 6 Protective use of red cross signs means that, during an armed conflict, the conflicting parties shall give protection and respect to the persons wearing the red cross signs according to these Provisions and to the places and its articles and medical conveyance marked with red cross signs.

Article 7 When the red cross sign is used as protective sign, nothing shall be added to the sign.

When the red cross sign is used as protective sign, if it is used on a flag, the red cross sign shall not touch the boundary of the flag; if it is used on an armband, the red cross sign shall be located in the middle of the armband; if it is used on a building, the red cross sign shall be located on the obvious part of the top of the building.

When the red cross sign is used as protective sign, it shall be able to be identified from as far away as possible or from different direction; it shall be lighted or decorated with the luminous body at night or when the visibility is low.

Article 8 During an armed conflict, the following persons may use the protective red cross signs:

(1) the medical personnel and staff member of the medical establishments of the armed force;

(2) the medical personnel and staff member of the red cross society;

(3) the medical personnel and staff member of the international red cross organization and foreign red cross organization approved by the State Council or the Central Military Committee;

(4) the medical personnel and staff member in the military and civil medical conveyance; or

(5) the personnel of volunteering relief body home and abroad approved by the State Council or the Central Military Committee and the medical personnel of civil medical establishments.

Article 9 During an armed conflict, the protective red cross signs may be used by or on one of the following institution or organization and its location, articles or medical conveyance:

(1) the medical establishments of the armed force;

(2) the red cross society taking part in the relief activity;

(3) the volunteering relief body and medical institution home and abroad approved by the State Council or the Central Military Committee; or

(4) the international organization approved by the State Council or the Central Military Committee.

Article 10 The person using protective red cross signs shall carry with himself the identification certificate issued by the department with authorization from the State Council or the Central Military Committee.

Article 11 The personnel and the location and its articles and medical conveyance, of the medical establishments of the armed force, may use protective red cross signs in peace time.

Chapter III Indicative Use of Red Cross Signs

Article 12 Indicative use of red cross signs means the indication of the person or matter concerning the red cross activities.

Article 13 When the red cross sign is used as indicative sign, the name or name abbreviation of the red cross society shall be accompanied under the red cross sign and the red cross sign shall not be located on the top of the building.

When the personnel or member of the red cross society and other relevant personnel carry out their duties, they shall wear an armband of small size marked with the red cross sign; when they do not carry out the duties, they may wear a badge or brooch of small size on the breast marked with the red cross sign.

Article 14 Any of the following persons may use the indicative red cross signs:

(1) the staff member of the red cross society;

(2) the member of the red cross society; or

(3) youngsters member of the red cross society.

Article 15 The indicative red cross signs may be used in any of the following places:

(1) the building used by the red cross society;

(2) the medical establishments belonging to the red cross society; or

(3) the places where the red cross society develops activities meeting with its purpose.

Article 16 The indicative red cross signs may be used on any of the following articles or conveyance:

(1) the badge, medal or insignia of the red cross society;

(2) the printed matters or propaganda material of the red cross society; or

(3) the first-aid or relief material and conveyance of the red cross society.

Article 17 If indicative red cross signs are needed to be used exceeding the extent described in these Provisions, approval shall be obtained from Head Office of the Red Cross Society.

Chapter IV Prohibitive Use of Red Cross Signs

Article 18 The red cross signs shall not used:

(1) in the trademark or commercial advertisement;

(2) by those other than the red cross society or the medical establishments of non-armed force;

(3) by medicine shop or veterinary station;

(4) in the goods package;

(5) in the mark of a company;

(6) in a project design or product design; or

(7) under other circumstances than those described in these Provisions where the red cross signs may be used.

Chapter V Penalties

Article 19 To any of the following circumstances against these Provisions, the red cross society shall be entitled to dissuade it and demand stopping use; if anyone refuses to stop use, the red cross society may submit to the people's government for ordering to stop use:

(1) where the indicative red cross signs are used by other person than the staff member, member, or youngsters member of the red cross society;

(2) where the indicative red cross signs are used on or in the building and other places which are not used by the red cross society;

(3) where the indicative red cross signs are used by the medical establishments which do not belong to the red cross society;

(4) where the indicative red cross signs are used on the articles or conveyance which do not belong to the red cross society; or

(5) under other circumstances to use the red cross signs against these Provisions.

Article 20 Anyone who uses the red cross signs without authorization against the provisions of Article 18 in these Provisions shall be ordered to stop use, be confiscated with the illegal income and imposed upon a fine below 10,000 yuan by the people's government at or above county level.

Article 21 Anyone who obstructs the staff member to carry out duties according to the law shall be imposed upon administrative penalties for public security or investigated for criminal responsibility according to the law.

Article 22 Any organization or individual from the armed force who violates these Provisions shall be dealt with by the relevant military department.

Chapter VI Supplementary Provisions

Article 23 If there is anything concerning the protective use of red cross signs not covered in these Provisions, the relevant provisions of Geneva Convention and its appended agreements shall apply.

Geneva Convention and its appended agreements described in the preceding paragraph means the convention and agreements described in Article 27 of the Law of the People's Republic of China on Red Cross Society.

Article 24 These Provisions shall come into force as of the date of promulgation.

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