Law enforcement in China
   HOME

TheInfoList



OR:

Law enforcement in China consists of an extensive
public security Public security or public safety is the prevention of and protection from events that could endanger the safety and security of the public from significant danger, injury, or property damage. It is often conducted by a state government to ensur ...
system and a variety of enforcement procedures used to maintain order in the country. Along with the courts and procuratorates, the country's judicial and public security agencies include the Ministry of Public Security (MPS) and the Ministry of State Security (MSS), with their descending hierarchy of departments, bureaus (局, "Jú"), subbureaus (副局, "Fù jú"), and stations (所, "Suǒ").
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a List of cities in China, city and Special administrative regions of China, special ...
and
Macau Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...
have separate law enforcement agencies, different legal systems and are classified as separate jurisdictions under the one country two systems framework. However,
Hong Kong Police Force The Hong Kong Police Force (HKPF) is the primary law enforcement, investigative agency, and largest disciplined service under the Security Bureau of Hong Kong. The Royal Hong Kong Police Force (RHKPF) reverted to its former name after the t ...
(HKPF) and
Public Security Police Force of Macau The Public Security Police Force (;https://www.ssm.gov.mo/docs/414/414_99a608ac6d9e4c035e0e4eb47ab1f62cfc7a0c38_000.pdf pt, Corpo de Polícia de Segurança Pública de Macau, abbreviated ) is the non-criminal police department of Macau and ...
often cooperate with the mainland MPS on cases involving cross border crime.


Overview

The national security system is made up of the Ministry of Public Security (MPS) and the Ministry of State Security (MSS), the
People's Armed Police ) , abbreviation = PAP ("People's Armed Police") CAPF ("Chinese Armed Police Force"), formerly abbreviated''Wujing'' ( zh , s = 武警 , p = Wǔjǐng , l = Armed Police , labels = no ), or WJ as on vehicle license plates , patch ...
(PAP), the
People's Liberation Army The People's Liberation Army (PLA) is the principal military force of the China, People's Republic of China and the armed wing of the Chinese Communist Party (CCP). The PLA consists of five Military branch, service branches: the People's ...
(PLA), and the state judicial, procuratorial, and penal systems. Ministry of Public Security (MPS) oversees all domestic police activity in China. The ministry is responsible for police operations and detention centers and has dedicated departments for internal political, economic, and communications security. Its lowest organizational units are public security stations, which maintain a close day-to-day contact with the public. The People's Armed Police Force, with its 1.5 million personnel, is organized into 45 divisions. These include security police, border defense personnel, guards for government buildings and embassies, and police communications specialists. Ministry of State Security (MSS) was established in 1983 to ensure "the security of the state through effective measures against enemy agents, spies, and counterrevolutionary activities designed to sabotage or overthrow China's socialist system." The ministry is guided by a series of laws enacted in 1993, 1994, and 1997 that replaced the "counterrevolutionary" crime statutes. The ministry's operations include intelligence collection, both domestic and foreign. Authorities have used arrests on charges of revealing state secrets, subversion, and common crimes to suppress political dissent and social advocacy. The
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justi ...
maintains oversees the operation of prisons. The Security Bureau is the local security department for Hong Kong. The paramilitary style Hong Kong Police Force was established in 1844 during the British occupation of Hong Kong and has 27,375 uniformed personnel and 4,885 civilian staff. Hong Kong Correctional Service was established in 1879 and has 6,659 uniformed personnel and civilian staff. Both services report to the Security Bureau.
Secretariat for Security (Macau) The Secretariat for Security (; pt, Secretaria para a Segurança) is the government department responsible for public safety and security in Macau. The role replaced the former post of Secretary for Public Security. It is responsible for manag ...
is the local security department in Macau.
Macau Security Force The Macau Security Force (, ) is Macau's public security body under the Secretariat for Security, responsible for handling government activities ranging from law enforcement to public safety. History In 1975, the MSF was created to take the plac ...
(established in 1999 by the merger of the Judiciary Police Unitary Police Service, Macau Prisons) is a force of 3,700 personnel and reports to the local Security department.


Judicial and legal system

In 2004 the
National People's Congress The National People's Congress of the People's Republic of China (NPC; ), or simply the National People's Congress, is constitutionally the supreme state authority and the national legislature of the People's Republic of China. With 2,9 ...
(NPC) amended the constitution so that for the first time the protection of the individual was incorporated as a constitutional requirement. Specifically, Articles 37 and 38 recognize the "freedom of the person" and the "personal dignity of citizens" as "inviolable." In practice, these amendments are generally widely respected. The 1997 Criminal Procedure Law allows the police to detain a person for up to 37 days before release or formal arrest, more vigorous court reviews have led to the release of thousands of unlawfully detained individuals. The law stipulates that the authorities must notify a
detainee Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or t ...
's family or
work unit A work unit or ''danwei'' () is the name given to a place of employment in the People's Republic of China. The term ''danwei'' remains in use today, as people still use it to refer to their workplace. However, it is more appropriate to use ''danwei ...
of the detention within 24 hours. Police sometimes hold individuals without granting access to family members or lawyers, and their trials are sometimes conducted in secret. Detained criminal suspects, defendants, their legal representatives, and close relatives are entitled to apply for
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countrie ...
, but, in practice, few suspects are released
pending trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal ...
. There used to be a reeducation-through-labor system that allows nonjudicial panels of police and local civil authorities to sentence individuals to up to three years in prison-like facilities, which practice was abolished in 2013. Citizens have a constitutional guarantee of the right to use their own spoken and written language in court proceedings. Courts and procuratorates are advised by the constitution that they "should provide translations for any party to the court proceedings who is not familiar with the spoken or written languages in common use in the locality." The constitution provides for an independent
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
, but the courts are subjected to party and government policy guidance that influences the outcome of verdicts and sentences. Conviction rates in criminal cases in the early 2000s were approximately 90 percent, and trials generally were little more than sentencing hearings. Although most suspects in criminal cases are legally guaranteed the
right to counsel In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal exp ...
, they often meet their appointed attorney only once before the hearing; at best, a defense attorney can obtain a reduction of the sentence. In many politically sensitive trials, rarely lasting more than several hours, the courts hand down guilty verdicts immediately following proceedings, and death sentences are often implemented within days of the rejection of an appeal. The legal system in Hong Kong is based in
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ...
Common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
and remains unchanged for at least 50 years from 1997. The legal system in Macau is based in
Portuguese Portuguese may refer to: * anything of, from, or related to the country and nation of Portugal ** Portuguese cuisine, traditional foods ** Portuguese language, a Romance language *** Portuguese dialects, variants of the Portuguese language ** Portu ...
legal system, as well as some aspects of German law,
Chinese law Chinese law is one of the oldest legal traditions in the world. The core of modern Chinese law is based on Germanic-style civil law, socialist law, and traditional Chinese approaches. For most of the history of China, its legal syste ...
,
Italian Italian(s) may refer to: * Anything of, from, or related to the people of Italy over the centuries ** Italians, an ethnic group or simply a citizen of the Italian Republic or Italian Kingdom ** Italian language, a Romance language *** Regional Ita ...
law, and some English common law. Like Hong Kong, the Macau's legal structure will remain as is for at least 50 years from 1999. Both SARs have separate judicial systems, but the NPC is still the highest legal organ.


Key organizations


Ministry of Public Security (MPS)

The Ministry of Public Security is the principal
police The police are a Law enforcement organization, constituted body of Law enforcement officer, persons empowered by a State (polity), state, with the aim to law enforcement, enforce the law, to ensure the safety, health and possessions of citize ...
authority. The ministry has functional departments for areas such as
internal security Internal security is the act of keeping peace within the borders of a sovereign state or other self-governing territories, generally by upholding the national law and defending against internal security threats. Responsibility for internal secu ...
,
intelligence Intelligence has been defined in many ways: the capacity for abstraction, logic, understanding, self-awareness, learning, emotional knowledge, reasoning, planning, creativity, critical thinking, and problem-solving. More generally, it can ...
,
counter-terrorism Counterterrorism (also spelled counter-terrorism), also known as anti-terrorism, incorporates the practices, military tactics, techniques, and strategies that governments, law enforcement, business, and intelligence agencies use to combat or ...
, police operations, prisons, and political, economic, and communications security. Subordinate to the ministry are provincial-level public security departments;
public security bureau A Public Security Bureau (PSB) () of a city or county, or Public Security Department (PSD) () of a province or autonomous region, in the People's Republic of China refers to a government office essentially acting as a police station or a local ...
s (PSB's) and sub-bureaus at the county level (the bureaus located in the prefectures and large cities, the sub-bureaus in counties and municipal districts); and public security stations at the township level. While public security considerations has a strong influence at all levels of administration, the police appear to wield progressively greater influence at the lower levels of government. The organization of local public security stations can be inferred from the tasks with which the police are charged. Generally, each station has sections for population control, pre-trial investigations, welfare, traffic control, a detention center, and other activities. The public security station (派出所) - the police element in closest contact with the people - is supervised by the public security sub-bureau as well as by
local government Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loc ...
s and procuratorates. The procuratorate assumes direct responsibility for handling any case it chooses, and it supervises investigations in those cases it allows the public security station to conduct. A great deal of coordination occurs among the public security organs, the procuratorates, and the courts, so that a
trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribun ...
is unlikely to produce a surprise outcome. The public security station generally has considerably broader responsibilities than a police station in the other countries, involving itself in every aspect of the district people's lives. In a rural area it has a chief, a deputy chief, a small administrative staff, and a small police force. In an urban area it has a greater number of administrative staff members and seven to eighteen
patrol A patrol is commonly a group of personnel, such as law enforcement officers, military personnel, or security personnel, that are assigned to monitor or secure a specific geographic area. Etymology From French ''patrouiller'', from Old Fren ...
men. Its criminal law activities includes investigation, apprehension, interrogation, and temporary detention. The station's household section maintains a registry of all persons living in the area. Births, deaths, marriages, and divorces are recorded and confirmed through household checks. The station regulates all hotels and requires visitors who remain beyond a certain number of days to register. It also regulates the possession, transportation, and use of all explosives, guns, ammunition, and poisons. Another important police function is controlling change of residence. Without such controls, larger numbers of rural residents undoubtedly would move to the overcrowded cities in search of better living standards, work, or education (see
Urbanization in China Urbanization in China increased in speed following the initiation of the reform and opening policy. As of 2022, China had an urbanization rate of 64.7% and was expected to reach 75-80% by 2035. By 2010, the OECD, based on Functional Urban Area ( ...
). In April 1984 the State Council issued the "Tentative Regulations Governing People's Republic of China Resident Identity". The regulations, to be implemented over a period of years, required all residents over sixteen years of age, except active-duty members of the PLA and the People's Armed Police and inmates serving sentences, to be issued resident identity cards by the Ministry of Public Security. The picture cards indicated the name, sex, nationality, date of birth, and address of the bearer. Special police operations involve the employment of agents and informants. Informants are used in
surveillance Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing or directing. This can include observation from a distance by means of electronic equipment, such as ...
of suspected criminals. The criminal laws in force after January 1, 1980, restricted police powers regarding arrests, investigations, and searches. A public security official or a citizen could apprehend a suspect under emergency conditions, but a court or procuratorate was required to approve the arrest. The accused had to be questioned within twenty-four hours and his or her family notified of the detention "except in circumstances where notification would hinder the investigation or there was no way to notify them." Any premeditated arrest required a court or procuratorate warrant. The time that an accused could be held pending investigation was limited to three to seven days, and incarceration without due process is illegal.The Criminal Law of the People's Republic of China
73 ''J. Crim. L. & Criminology'' 138 (1982)
Two officials were needed to conduct a
criminal investigation Criminal investigation is an applied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation can include searching, interviews, interrogations, evidence collection and preservat ...
. They were required to show identification and to inform the accused of the crime allegedly committed before he or she was questioned. The suspect could refuse to answer only those questions irrelevant to the case. The 1980 laws also provided that in conjunction with an arrest the police could conduct an emergency search; otherwise, a warrant was required. They had the right to search the person, property, and residence of an accused and the person of any injured party. They could intercept mail belonging to the accused and order an
autopsy An autopsy (post-mortem examination, obduction, necropsy, or autopsia cadaverum) is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of death or to evaluate any d ...
whenever cause of death was unclear. In July 1980 the government approved new regulations governing police use of weapons and force. Police personnel could use their batons only in self-defense or when necessary to subdue or prevent the escape of violent criminals or rioters. Lethal weapons, such as pistols, could be used if necessary to stop violent
riot A riot is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people. Riots typically involve destruction of property, public or private. The property targete ...
s, to lessen the overall loss of life, or to subdue surrounded but still resisting criminals. The regulations also governed use of sirens, police lights, and whistles. The rules were changed in 1996, with the type of crimes made more specific. The relationship between the police officers assigned to neighbourhood patrols and the people is close. Police officers live in a neighbourhood on a long-term assignment and are expected to know all the residents personally. Their task is not only to prevent and punish crime but to promote desirable behaviour by
counselling Counseling is the professional guidance of the individual by utilizing psychological methods especially in collecting case history data, using various techniques of the personal interview, and testing interests and aptitudes. This is a list of co ...
and acting as role models. This positive side of the police officer's duties was a constant responsibility, and the bond between the public security units and the people are strengthened annually by means of "cherish-the-people" months, during which the police officer makes a special effort to be of help, especially to the aged and the infirm.


People's Armed Police (PAP)

The People's Armed Police (PAP) is the
Gendarmerie Wrong info! --> A gendarmerie () is a military force with law enforcement duties among the civilian population. The term ''gendarme'' () is derived from the medieval French expression ', which translates to " men-at-arms" (literally, ...
paramilitary A paramilitary is an organization whose structure, tactics, training, subculture, and (often) function are similar to those of a professional military, but is not part of a country's official or legitimate armed forces. Paramilitary units carr ...
police force originally under the joint supervision of the MPS and Central Military Commission (CMC). However, after a series of high-profile corruption scandals involving their misuse by
Bo Xilai Bo Xilai (; born 3 July 1949) is a Chinese former politician who was convicted on bribery and embezzlement charges. He came to prominence through his tenures as Mayor of Dalian and then the governor of Liaoning. From 2004 to November 2007, ...
, then party secretary of
Chongqing Chongqing ( or ; ; Sichuanese pronunciation: , Standard Mandarin pronunciation: ), alternately romanized as Chungking (), is a municipality in Southwest China. The official abbreviation of the city, "" (), was approved by the State Co ...
, in the
Wang Lijun incident The Wang Lijun incident was a major Chinese political scandal which began in February 2012 when Wang Lijun, vice-mayor of Chongqing, was abruptly demoted, after revealing to the United States consulate details of British businessman Neil Heywo ...
, it was decided under the 2015 military reforms to place all People's Armed Police personnel under the direct and exclusive control of the CMC. After a trial period in selected jurisdictions, the PAP was officially established at the national level in 1983. In line with the general policy of reducing the size of the armed forces and transferring responsibilities to the civilian sector, the newly established force was formed from internal security units reassigned from the PLA to the Ministry of Public Security and from border defense (
customs Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs ...
) and
fire-fighting Firefighting is the act of extinguishing or preventing the spread of unwanted fires from threatening human lives and destroying property and the environment. A person who engages in firefighting is known as a firefighter. Firefighters typically ...
units. In 1985 the PAP consisted of approximately 600,000 volunteers and conscripts. With a headquarters at the national level and division-level provincial units, regimental-level detachments, and battalion-level brigades, it retained its military organization. Current strength of PAP is estimated at 1.5 million. PAP units are responsible for guarding party and state organizations and foreign
embassies A diplomatic mission or foreign mission is a group of people from a state or organization present in another state to represent the sending state or organization officially in the receiving or host state. In practice, the phrase usually deno ...
and
consulates A consulate is the office of a consul. A type of diplomatic mission, it is usually subordinate to the state's main representation in the capital of that foreign country (host state), usually an embassy (or, only between two Commonwealth count ...
, as well as for responding to
emergencies An emergency is an urgent, unexpected, and usually dangerous situation that poses an immediate risk to health, life, property, or environment and requires immediate action. Most emergencies require urgent intervention to prevent a worsening ...
and maintaining
law and order In modern politics, law and order is the approach focusing on harsher enforcement and penalties as ways to reduce crime. Penalties for perpetrators of disorder may include longer terms of imprisonment, mandatory sentencing, three-strikes laws a ...
. Border defense units performed standard customs duties, such as inspecting vehicles and ships entering and leaving the country, and maintained surveillance against
smuggler Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations. There are various ...
s and
drug trafficker The illegal drug trade or drug trafficking is a global black market dedicated to the cultivation, manufacture, distribution and sale of prohibited drugs. Most jurisdictions prohibit trade, except under license, of many types of drugs through ...
s. PAP firefighting units were responsible for fire-prevention education as well as for fighting fires. PAP units at every level worked in close cooperation with the armed forces and other public security organizations. As of July 1, 2018, the
China Coast Guard China Coast Guard (CCG; ) is the maritime security, search and rescue, and law enforcement service branch of the People's Armed Police of China. It is currently the world's largest coast guard. Function The CCG is known to perform mostly ...
was transferred from civilian control of the State Council and the
State Oceanic Administration The State Oceanic Administration (SOA; ) was an administrative agency subordinate to the Ministry of Land and Resources, responsible for the supervision and management of sea area in the People's Republic of China and coastal environmental pro ...
, to the People's Armed Police, ultimately placing it under the command of the Central Military Commission. In June 2018, the China Coast Guard was granted maritime rights and law enforcement akin civilian law enforcement agencies in order to carry out contrast of illegal activities, keep peace and order, as well as safeguarding security at sea, when performing duties related to the use of marine resources, protection of marine environment, regulation of fishery, and anti-smuggling.


Urban Administration and Law Enforcement Bureaus

Cities in China often have uniformed, but unarmed, urban management officers often referred to as "Chengguan" (城管; lit: "City Management Officers") under the control of the municipal governments of each province. Chengguan are hired and employed by the
Urban Administrative and Law Enforcement Bureau The Urban Administrative and Law Enforcement Bureau, commonly shortened to ''Chengguan'' (), is a local government agency that has been established in every city in Mainland China. The agency is usually part of a city or municipality's Urban Ma ...
s of local governments. They are usual
civil servant The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
s acting as
parapolice Parapolice are law enforcement officers considered "beyond", "ancillary" or "subsidiary" to the regular police force (as in "Paramilitary", "Paramedic", or "Paralegal"). The term has been used in criminology to refer to private security with an exp ...
and do have formal police or law enforcement powers. The agency is in charge with enforcement of urban management of the city. This includes enforcing local bylaws on city appearance, environmental, sanitation, work safety, pollution control and health. Additionally, their duties also involve enforcement of planning, greening, industry and commerce regulations, environment protection, municipal affairs and water in large cities. Since the establishment of the Chengguan in 2001/2002, there have been numerous cases of Chengguan in cities across China using excessive violence and abuse of power. Numerous incidents have occurred over the years involving Chengguan seriously wounding innocents and even beating people to death in public. Chengguan are known to have a notorious reputation due to corruption and nepotism in their hiring, training and recruitment and is the source of much resentment among local Chinese. In recent years efforts have been made to ameliorate the tense relation between the Chengguan and the general public, with mixed results.


Police vehicles

Police cars in the mainland are white with a dark blue swoosh painted on the side such as BYD e6. China does not have a uniform fleet buying program so local departments typically buy from a variety of local dealerships. Volkswagen Santanas and Volkswagen Passats are the most common but other makes and models are present as well.
Hong Kong Police The Hong Kong Police Force (HKPF) is the primary law enforcement, investigative agency, and largest disciplined service under the Security Bureau of Hong Kong. The Royal Hong Kong Police Force (RHKPF) reverted to its former name after the t ...
vehicles have been influenced by British and Chinese schemes and still today retain them. Police in
Macau Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...
use generic European designs patterns.


Historical background

However much the
public security Public security or public safety is the prevention of and protection from events that could endanger the safety and security of the public from significant danger, injury, or property damage. It is often conducted by a state government to ensur ...
system may have been influenced by communist ideology and practice, it remained rooted directly in the traditional Chinese concept of governmental control through imposed collective responsibility. Even in the pre-imperial era, a system was proposed to organize the people into "groups of families which would be mutually responsible for each other's good behavior and share each other's punishments." The Qin (221-207 BCE) and Han (206 BCE-CE 220) dynasties made use of the concept, and the
Song dynasty The Song dynasty (; ; 960–1279) was an imperial dynasty of China that began in 960 and lasted until 1279. The dynasty was founded by Emperor Taizu of Song following his usurpation of the throne of the Later Zhou. The Song conquered the res ...
(960-1279) institutionalized it on a nationwide basis in the ''bao jia'' (tithing) system. It entailed the organization of family households into groups of ten, each unit being organized successively into a larger unit up to the county level of administration. Each family sent a representative to the monthly meeting of its unit, and each unit elected a leader to represent it at the next higher level. Since the head of each unit was responsible to the next higher level for the conduct of all members of his unit, the system served as an extension of the central government. Eventually, each group of families also was required to furnish men to serve in the
militia A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...
. ''Bao jia'', which alternately flourished or languished under later rulers and usually existed more in theory than in practice, was reinstituted during the
Qing dynasty The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speak ...
(1644–1911). During the Qing period, the people's aversion to legalistic procedures and the rulers' preferences for socially and collectively imposed sanctions continued. Technically, the
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
was to hear even minor criminal cases; but local elders and village leaders were allowed to handle most disputes, freeing the magistrate for more important work and saving the government expense. The people preferred to handle matters in this way, outside the intimidating
court system A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
. Other practices for maintaining
public order In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal ...
in China during the imperial era included the formation of mutual aid groups of farm households, which over time came to assume police functions. In a manner similar to twentieth-century means of ideological control, the Qing bureaucracy organized mass lectures that stressed the
Confucian Confucianism, also known as Ruism or Ru classicism, is a system of thought and behavior originating in ancient China. Variously described as tradition, a philosophy, a religion, a humanistic or rationalistic religion, a way of governing, or ...
principle of obedience. Still another traditional form of policing was the appointment of censors to investigate
corruption Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...
and
misconduct Misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. It is an act which is forbidden or a failure to do that which is required. Misc ...
up to the highest levels of government. Doing that job too well cost many censors their lives. In 1932
Chiang Kai-shek Chiang Kai-shek (31 October 1887 – 5 April 1975), also known as Chiang Chung-cheng and Jiang Jieshi, was a Chinese Nationalist politician, revolutionary, and military leader who served as the leader of the Republic of China (ROC) from 1928 ...
's
Kuomintang The Kuomintang (KMT), also referred to as the Guomindang (GMD), the Nationalist Party of China (NPC) or the Chinese Nationalist Party (CNP), is a major political party in the Republic of China, initially on the Chinese mainland and in Ta ...
(KMT) government reinstituted the ''bao jia'' system. In the KMT's revised ''bao jia'' system, in addition to the chief, there were two officers of importance within each 100-family unit. The population officer maintained the records and reported all births, deaths, marriages, moves, and unlawful activities to the district office. The ''bao jia'' troop commander headed a self-defense unit and was responsible for maintaining law and order. In rural China, however, the local village was generally a self-contained world, and the peasants remained aloof from distant and higher-ranking centers of authority. The Japanese were introduced to the ''bao jia'' system on
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the no ...
when they assumed control of the island after the Sino-Japanese War (1894–95), and they found the system highly suitable for administering occupied areas. They instituted modified versions of it in north China after 1937. The Japanese imposed severe restrictions on the population, and the system aided in taking the
census A census is the procedure of systematically acquiring, recording and calculating information about the members of a given population. This term is used mostly in connection with national population and housing censuses; other common censuses inc ...
, restricting movement, and conducting spot checks. Each household had to affix a wooden tablet on the front door with the names of all inhabitants inscribed. Anyone missing or not on the list during an inspection by Japanese troops was assumed to be an
insurgent An insurgency is a violent, armed rebellion against authority waged by small, lightly armed bands who practice guerrilla warfare from primarily rural base areas. The key descriptive feature of insurgency is its asymmetric nature: small irre ...
. Since there were not as many Japanese troops in south China as in the north, the local leaders assisted the Japanese in administering the areas. They also disseminated propaganda at neighborhood meetings and established self-defense and youth corps. The Communists were themselves products of Chinese society, and when they came to power in 1949 they liberally borrowed from these historical examples. They extensively organized the population and maintained the principles of mutual surveillance and mutual responsibility. They also retained the concept of self-defense forces. Communist control, however, exceeded that of ''bao jia'' or any other traditional system and extended into virtually every household. Under communist rule, the family was not considered an effective control mechanism. To achieve near-total control, a large number of administrative agencies and social organizations were established or adapted. Police forces resembling the Soviet police in organization, power, and activities were organized with the aid of Soviet advisers. From 1949 to 1953, the newly established government of the People's Republic made use of the PLA, militia units made up of demobilized soldiers and other civilians, the police, and loyal citizens to put down resistance and establish order. Remnants of the
Republic of China Armed Forces The Republic of China Armed Forces (ROC Armed Forces) are the armed forces of the Republic of China (ROC), once based in mainland China and currently in its remaining jurisdictions which include the islands of Taiwan, Penghu, Kinmen, Matsu ...
remained in pockets on the mainland, and communist efforts to enforce tax laws and agricultural rules provoked disturbances and riots. Extending responsibility for public order to include the police, military, and citizenry proved to be a highly effective arrangement, and the concept was written into the Common Program that preceded the 1954 state constitution. The PLA and the militia continued to share responsibility for internal security and public order under the 1954 state constitution. The PLA's involvement in internal affairs was most extensive during the more turbulent period of the
Cultural Revolution The Cultural Revolution, formally known as the Great Proletarian Cultural Revolution, was a sociopolitical movement in the People's Republic of China (PRC) launched by Mao Zedong in 1966, and lasting until his death in 1976. Its stated goa ...
(1966–76).
Mao Zedong Mao Zedong pronounced ; also Romanization of Chinese, romanised traditionally as Mao Tse-tung. (26 December 1893 – 9 September 1976), also known as Chairman Mao, was a Chinese communist revolutionary who was the List of national founde ...
, perceiving that the public security cadres were protecting precisely the party leaders he wished to purge, directed youthful
Red Guards Red Guards () were a mass student-led paramilitary social movement mobilized and guided by Chairman Mao Zedong in 1966 through 1967, during the first phase of the Cultural Revolution, which he had instituted.Teiwes According to a Red Guard lead ...
to crush the police, courts, and procuratorates as well. The minister of public security,
Luo Ruiqing Luo Ruiqing (; May 31, 1906 – August 3, 1978), formerly romanized as Lo Jui-ch'ing, was a Chinese army officer and politician, general of the People's Liberation Army. He created the People's Republic of China's security and police appar ...
(who concurrently served as the chief of
Joint staff The Joint Chiefs of Staff (JCS) is the body of the most senior uniformed leaders within the United States Department of Defense, that advises the president of the United States, the secretary of defense, the Homeland Security Council and the ...
), was purged, soon followed by heads of the courts and procuratorates. Initially, the military tried to remain uninvolved. But on Mao's orders, the PLA, which had once been told to support (actually to acquiesce to) the Red Guards, moved in to quell the chaos that Mao had inspired. The PLA gradually took over public security functions by establishing military control committees to replace the government bureaucracy. Revolutionary committees were set up as provincial-level and local administrative organs, usually with a PLA cadre in charge, and order gradually returned. By the summer of 1968 the Red Guards were being disbanded, and mass trials were used to punish and intimidate rioters. With nineteen of China's twenty-nine provincial-level people's revolutionary committees headed by PLA commanders, the military again was in charge of administration and security throughout the country, but it badly needed help from experienced
police officer A police officer (also called a policeman and, less commonly, a policewoman) is a warranted law employee of a police force. In most countries, "police officer" is a generic term not specifying a particular rank. In some, the use of the ...
s. A policy of leniency toward most former officials evolved, and some public security cadres returned to work. The PLA also recruited inexperienced people to form
auxiliary police Auxiliary police, also called special police, are usually the part-time reserves of a regular police force. They may be armed or unarmed. They may be unpaid volunteers or paid members of the police service with which they are affiliated. The po ...
units. These units were mass organizations with a variety of names reflecting their factional orientation. Perhaps the best known unit was the "Attack with Reason, Defend with Force Corps" named for the militant slogan of Mao's wife,
Jiang Qing Jiang Qing (19 March 191414 May 1991), also known as Madame Mao, was a Chinese communist revolutionary, actress, and major political figure during the Cultural Revolution (1966–1976). She was the fourth wife of Mao Zedong, the Chairman of ...
. Public security forces were composed largely of non-
professional A professional is a member of a profession or any person who works in a specified professional activity. The term also describes the standards of education and training that prepare members of the profession with the particular knowledge and sk ...
s and lacked the disciplined
informant An informant (also called an informer or, as a slang term, a “snitch”) is a person who provides privileged information about a person or organization to an agency. The term is usually used within the law-enforcement world, where informant ...
networks and personnel dossiers previously used to maintain order. Beginning in 1968, the authorities called upon the PLA to help remove millions of urban dwellers from the overcrowded cities and relocate them to the countryside and to transport cashiered officials to special cadre schools for indoctrination and labor. The migration to the country mostly involved students and other youths for whom there were not enough jobs or places in the school system within the cities. Yet despite the discontent these campaigns caused, reported
crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
declined after 1970. Increased concern over the threat from the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
in the wake of armed clashes on the Sino-Soviet border in 1969 forced the PLA gradually to return to barracks, and control of the country reverted to the civilian leadership. The Beijing-based Central Security Regiment, also known as the 8341 Unit, was an important PLA law enforcement element. It was responsible over the years for the personal security of Mao Zedong and other party and state leaders. More than a
bodyguard A bodyguard (or close protection officer/operative) is a type of security guard, government law enforcement officer, or servicemember who protects a person or a group of people — usually witnesses, high-ranking public officials or officers, ...
force, it also operated a nationwide
intelligence Intelligence has been defined in many ways: the capacity for abstraction, logic, understanding, self-awareness, learning, emotional knowledge, reasoning, planning, creativity, critical thinking, and problem-solving. More generally, it can ...
network to uncover plots against Mao or any incipient threat to the leadership. The unit reportedly was deeply involved in
undercover To go "undercover" (that is, to go on an undercover operation) is to avoid detection by the object of one's observation, and especially to disguise one's own identity (or use an assumed identity) for the purposes of gaining the trust of an ind ...
activities, discovering electronic listening devices in Mao's office and performing surveillance of his rivals. The 8341 Unit participated in the late 1976 arrest of the
Gang of Four The Gang of Four () was a Maoist political faction composed of four Chinese Communist Party (CCP) officials. They came to prominence during the Cultural Revolution (1966–1976) and were later charged with a series of treasonous crimes. The gang ...
, but it reportedly was deactivated soon after that event. The
militia A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...
also participated in maintaining public order in the 1970s. Their involvement was especially evident in the 1973-76 period. In 1973 the Gang of Four, concerned over the transformation of the PLA into a more professional, less political, military force, took control of the urban militia from the PLA and placed it under local party committees loyal to them. For the next three years, the urban militia was used extensively to enforce radical political and social policies. It was the urban militia, along with the public security forces, that broke up the demonstrations in Tiananmen Square honoring the memory of
Zhou Enlai Zhou Enlai (; 5 March 1898 – 8 January 1976) was a Chinese statesman and military officer who served as the first premier of the People's Republic of China from 1 October 1949 until his death on 8 January 1976. Zhou served under Chairman M ...
in April 1976 — the event that served as the pretext for the second purge of
Deng Xiaoping Deng Xiaoping (22 August 1904 – 19 February 1997) was a Chinese revolutionary leader, military commander and statesman who served as the paramount leader of the China, People's Republic of China (PRC) from December 1978 to November 1989. Aft ...
. At the time, in rural areas the militia was more under the control of the PLA. Public security officials also made extensive use of the authority granted them to impose administrative sanctions by two sets of documents. These were the 1957 Regulations on Reeducation Through Labor, which were reissued in 1979 with amendments, and the 1957 Regulations Governing Offenses Against Public Order, which were rescinded and replaced in 1986 by regulations of the same name. Offenders under the Regulations on Reeducation Through Labor might include "vagabonds, people who have no proper occupation, and people who repeatedly breach public order." The police could apprehend such individuals and sentence them to reeducation through labor with the approval of local labor-training administration committees. The 1957 regulations placed no limit on the length of sentences, but beginning in the early 1960s three or four years was the norm. The 1979 amended regulations, however, limited the length of reeducation through labor to three years with possible extension for extraordinary cases. The Regulations Governing Offenses Against Public Order empowered the police to admonish, fine, or detain people for up to fifteen days. Goods illegally in the possession of an offender were to be confiscated, and payment was imposed for damages or hospital fees in the event injury had been caused.


History of grass-roots organizations

Neighborhood committees in the 1980s continued to be heavily involved in law enforcement and mediation of disputes at the local level. Among the enforcement procedures these committees used to influence both thought and behavior were criticism and collective responsibility. Before the reform era, aspects of Chinese society also contributed to shaping the contemporary structure for maintaining public order. During the beginning of the 1980s economic reforms, urban and rural dwellers rarely changed their residences. Amid the sprawling cities, neighborhoods remained closeknit communities. For the 80 percent of the population that lived in the countryside, home and place of work were the same. With little physical mobility, most villagers stayed put for generations and knew each other intimately. In such close-knit environments, where everyone was likely to know everyone else and noticed most of what happened, mutual surveillance and peer pressure was extremely effective. The structure of the public security system remained extensive in the 1980s, and the authority of its forces exceeded that of most police forces in the West. Nevertheless, public security agencies required and received the assistance of a wide-ranging network of grass-roots organizations to mobilize residents' responses to the government's call for observance of laws, lead the people in maintaining social order and public security, and settle disputes among residents. In urban areas an average of 11 patrolmen were responsible for controlling an area containing 15,000 or more residents. A patrolman could not know all the people and their particular problems, and therefore needed and enlisted help. The local people's governments and congresses shared responsibility for public order but had no special personnel for the task. The
armed forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distinct ...
were available, but they had other primary concerns and would be called out only in the most extreme circumstances. To provide security beyond what could be provided by the police and to extend government control, a system of neighborhood or street committees had been established on a nationwide basis in 1954. The committees were charged with the responsibility of assisting the government in maintaining order. They usually controlled from 10,000 to 20,000 people and consisted of 3 to 7 full-time officials. In the late 1970s, the size and functions of neighborhood committees were expanded. The neighborhood committees were specifically responsible for maintaining public order and were accountable to the local people's congress. Residents' committees and residents' "small groups," also established in 1954, were subordinate to neighborhood committees. These were the genuine grass-roots organizations, staffed by unpaid local residents elected by their neighbors. They directly involved the people in controlling their neighborhoods, and they reduced the demands on formal state institutions by maintaining surveillance for the public security forces and mediating most civil disputes and minor criminal cases for the
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
. A residents' committee supervised from 100 to 600 families with a staff of 7 to 17 members, one from each subordinate residents' small group. A residents' small group controlled fifteen to forty households. The public security organization in the countryside was also pervasive. From the 1950s to the early 1980s, it was structured along military lines. The
people's commune The people's commune () was the highest of three administrative levels in rural areas of the People's Republic of China during the period from 1958 to 1983, until they were replaced by townships. Communes, the largest collective units, were div ...
was the lowest level of government organization, with its administrative committee on a legal par with the local people's government in the urban areas. People's communes were subdivided into production brigades and production teams. Each team elected a people's public security committee, which sent a representative to the committee at the brigade level. Physical control was mostly the responsibility of the
militia A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...
units organized at the team, brigade, and commune levels. In the winter of 1982-83 communes were replaced by township governments, and grass-roots committees were patterned after urban committees. These rural grass-roots committees were given legal status by the Draft Organic Regulations for Villagers' Committees approved by the National People's Congress in April 1987. Residents' committees and small groups were staffed originally by housewives and retired persons but involved others as their functions expanded. Their pervasive presence made them a primary means for disseminating propaganda, and their grass-roots nature allowed for effective use of peer pressure in mediating disputes and controlling troublemakers. Perhaps 4 or 5 percent of the adult population exercised some authority in what Western experts have described as "participatory democracy in an extended form." The functional subunits, the residents' committees and residents' small groups, were particularly important in controlling the people. People's
mediation Mediation is a structured, interactive process where an impartial third party neutral assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are ...
committees, guided and supervised jointly by the basic people's court and the public security station, performed an important function within the residents' committees. They settled minor disputes and disagreements using
conciliation Conciliation is an alternative dispute resolution (ADR) process whereby the parties to a dispute use a conciliator, who meets with the parties both separately and together in an attempt to resolve their differences. They do this by lowering te ...
and
peer pressure Peer pressure is the direct or indirect influence on peers, i.e., members of social groups with similar interests, experiences, or social statuses. Members of a peer group are more likely to influence a person's beliefs, values, and behavior. A g ...
. Mediation committees were established originally in communist areas during the
Chinese Civil War The Chinese Civil War was fought between the Kuomintang-led government of the Republic of China and forces of the Chinese Communist Party, continuing intermittently since 1 August 1927 until 7 December 1949 with a Communist victory on main ...
(1945–49) as a natural outgrowth of traditional preferences for local mediation of disputes. Upon taking over the major cities of China in 1949, the Communists were confronted with a tremendous backlog of judicial cases. Mediation committees provided a means of resolving disputes while actively propagandizing and involving the people in the new government. Beginning in 1954 mediation committees were set up in neighborhoods, stores, schools, enterprises, factories, and workshops in the cities and in the production brigades and teams in the countryside. In the 1980s the five- to eleven-member people's mediation committees were elected by popular vote to two-year terms with the option of being reelected. Members served without pay and could be removed at any time by the electors for dereliction of duty. They were responsible for settling disputes, strengthening popular unity, promoting production and order, and conducting propaganda activities. Parties in dispute came voluntarily to the mediation committee; people seemed to feel they should try mediation before proceeding to a
lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
. Mediators' duties ranged from acting as go-betweens for parties who refused to talk to one another to defining issues, deciding questions of fact, and issuing tentative or advisory decisions. Mediation committees also exerted strong political, economic, social, and moral pressures upon one or both parties to gain "voluntary" compliance with the decisions. In addition to mediation committees, other officials, police officers, party members, and work supervisors were expected to serve as mediators. Members of the residents' committees and small groups who were not members of the mediation committees were also involved in the mediation process.


Illegal drug trafficking


See also

*
Crime in China Crime is present in various forms in China. The Chinese government does not release unified exact statistics on crime rates and the rate of criminal offending due to such information being considered sensitive. Scarce official statistics released ...
*
Court system of the People's Republic of China The judicial branch, organized under the constitution and law, is one of five organs of power elected by the People's Congress, in the People's Republic of China. According to the constitution, the court system is to exercise judicial pow ...
*
Law of the People's Republic of China The Law of the People's Republic of China, officially referred to as the Socialist legal system with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainland China, Hong Kong, and Macau. ...
*
Ministry of Public Security of the People's Republic of China The Ministry of Public Security () is a government ministry of the People's Republic of China responsible for public and political security. It oversees more than 1.9 million of the country's law enforcement officers and as such the vast ma ...
** Public Security Bureau (PSB) *
People's Armed Police ) , abbreviation = PAP ("People's Armed Police") CAPF ("Chinese Armed Police Force"), formerly abbreviated''Wujing'' ( zh , s = 武警 , p = Wǔjǐng , l = Armed Police , labels = no ), or WJ as on vehicle license plates , patch ...
*
Ministry of State Security of the People's Republic of China Ministry may refer to: Government * Ministry (collective executive), the complete body of government ministers under the leadership of a prime minister * Ministry (government department), a department of a government Religion * Christian mi ...
*
Ministry of Justice of the People's Republic of China The Ministry of Justice of the People's Republic of China is a government ministry under the State Council of China which is responsible for legal affairs. The range of responsibilities include judicial process, drafting legislation, deve ...
*
Terrorism in the People's Republic of China Terrorism in China refers to the use or threatened use of violence to effect political or ideological change in the People's Republic of China. The definition of terrorism differs among scholars, between international and national bodies and a ...
*
Custody and repatriation Custody and repatriation (C&R; ) was an administrative procedure, established in 1982 and abolished in 2003, by which the police in the People's Republic of China (usually cities) could detain people if they did not have a residence permit (huko ...
1982 -2003 *
Secretariat for Security (Macau) The Secretariat for Security (; pt, Secretaria para a Segurança) is the government department responsible for public safety and security in Macau. The role replaced the former post of Secretary for Public Security. It is responsible for manag ...
*
Macau Security Force The Macau Security Force (, ) is Macau's public security body under the Secretariat for Security, responsible for handling government activities ranging from law enforcement to public safety. History In 1975, the MSF was created to take the plac ...
**
Public Security Police Force of Macau The Public Security Police Force (;https://www.ssm.gov.mo/docs/414/414_99a608ac6d9e4c035e0e4eb47ab1f62cfc7a0c38_000.pdf pt, Corpo de Polícia de Segurança Pública de Macau, abbreviated ) is the non-criminal police department of Macau and ...
*
Law enforcement in Hong Kong The main duties of law enforcement in Hong Kong are taken up by the Hong Kong Police Force. Other major law enforcement agencies (LEAs) include the Customs and Excise Department, the Independent Commission Against Corruption (ICAC), Hong Kong ...
**
Security Bureau (Hong Kong) The Security Bureau () is a body of the Government of Hong Kong responsible for policies of the maintenance of law and order, exercising immigration and customs control, rehabilitating offenders and drug abusers, and providing emergency fire a ...
***
Hong Kong Police Force The Hong Kong Police Force (HKPF) is the primary law enforcement, investigative agency, and largest disciplined service under the Security Bureau of Hong Kong. The Royal Hong Kong Police Force (RHKPF) reverted to its former name after the t ...
*
Judiciary of Hong Kong The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the exec ...
*
Department of Justice (Hong Kong) The Department of Justice (DoJ), is the department responsible for the laws of Hong Kong headed by the Secretary for Justice. Before 1997, the names of the department and the position was the Legal Department () and Attorney General () resp ...
*
Judiciary of Macau The Judiciary of Macau is responsible for the administration of justice in Macau. It hears all prosecutions and civil disputes, including disputes between individuals and the government. It is fundamental to Macau’s legal system that members of ...
*
Legal system of Macau Macau law is broadly based on Portuguese law, and therefore part of the civil law tradition of continental European legal systems. Portuguese law is itself highly influenced by German law. However, many other influences are present, including C ...
* Secretary for Justice (Macau)


References


Citations


Sources

* * Kam C. Wong, Chinese Policing: History and Reform (N.Y.: Peter Lang, 2009) * Kam C. Wong, Police Reform in China (Taylor and Francis, 2011) * Kam C. Wong, Cyberspace Governance in China (Nova Science Publisher, 2011) {{DEFAULTSORT:Law Enforcement In China