Law enforcement in China

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A BYD e6 police car Byd e6 police car shenzhen.jpg
A BYD e6 police car

Law enforcement in China consists of an extensive public security 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 (, "Jú"), subbureaus (副局, "Fù jú"), and stations (, "Suǒ").

Contents

Hong Kong and Macau have separate law enforcement agencies, different legal systems and are classified as separate jurisdictions under the one country two systems framework. However, the Hong Kong Police Force (HKPF) and Public Security Police Force 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 (PAP), the People's Liberation Army (PLA), and the state judicial, procuratorial, and penal systems. The Central Political and Legal Affairs Commission vets all law enforcement officers and legal officials for political reliability. [1]

The 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. The 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."[ citation needed ] The Ministry of Justice maintains oversees the operation of prisons.[ citation needed ]

Judicial system

The judicial branch, organized under the constitution and organic law, is one of five organs of state power elected by the National People's Congress (NPC), in the People's Republic of China. China does not have judicial independence or judicial review as the courts do not have authority beyond what is granted to them by the NPC under a system of unified power. The Chinese Communist Party's Central Political and Legal Affairs Commission maintains effective control over the court system and its personnel. [2] [3] Hong Kong and Macau have separate court systems in accordance with the "one country, two systems" doctrine.

Key organizations

Ministry of Public Security

The Ministry of Public Security (MPS, Chinese : 公安部 ; pinyin :Gōng'ānbù) [a] 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 majority of the People's Police. While the MPS is a nationwide police force, conducting counterintelligence and maintaining the political security of the Chinese Communist Party (CCP) remain its core functions. [4] [5] [6]

People's Armed Police

A People's Armed Police squad in the Forbidden City, Beijing. People's Armed Police squad 1.JPG
A People's Armed Police squad in the Forbidden City, Beijing.
The People's Armed Police Force [7] [b] is a Chinese paramilitary organization [8] :121 primarily responsible for internal security, riot control, counter-terrorism, disaster response, law enforcement and maritime rights protection [9] as well as providing support to the People's Liberation Army (PLA) during wartime. [10] :87

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 Bureaus of local governments. They are usual civil servants acting as parapolice 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.[ citation needed ]

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. [11] 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.[ citation needed ]

Police vehicles

Police cars in the mainland are white with a dark blue swoosh painted on the side such as BYD e6. [12] 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.[ citation needed ]

A roadblock operated by Shenzhen Public Security Bureau on G4 motorway. The police vehicle is a Ford Transit MPS ELW Yue B3052Jing .jpg
A roadblock operated by Shenzhen Public Security Bureau on G4 motorway. The police vehicle is a Ford Transit
A Mercedes-Benz Sprinter police patrol van in Hong Kong. Police Patrol Car AM6800.JPG
A Mercedes-Benz Sprinter police patrol van in Hong Kong.
A Mercedes-Benz Sprinter police patrol van of the Public Security Police Force. CPSP MTW ME-06-72@1.jpg
A Mercedes-Benz Sprinter police patrol van of the Public Security Police Force.

Illegal drug trafficking

See also

Notes

  1. Mandarin pronunciation: [kʊ́ŋ.án.pû] ; abbr. from Chinese :公共安全部; pinyin :Gōnggòng Ānquán Bù; lit.'Public Security Ministry'Mandarin pronunciation: [kʊ́ŋ.kʊ̂ŋ án.tɕʰɥɛ̌n pû]
  2. abbreviation: PAP; Chinese :中国人民武装警察部队; pinyin :Zhōngguó Rénmín Wǔzhuāng Jǐngchá Bùduì

Related Research Articles

<span class="mw-page-title-main">Mainland China</span> Geopolitical area comprising a large part of China

"Mainland China", also referred to as "the Chinese mainland", is a geopolitical term defined as the territory under direct administration of the People's Republic of China (PRC) in the aftermath of the Chinese Civil War. In addition to the geographical mainland, the geopolitical sense of the term includes islands such as Hainan, Chongming, and Zhoushan. By convention, territories outside of mainland China include:

<span class="mw-page-title-main">One country, two systems</span> Chinese constitutional principle

"One country, two systems" is a constitutional principle of the People's Republic of China (PRC) describing the governance of the special administrative regions of Hong Kong and Macau.

<span class="mw-page-title-main">People's Armed Police</span> Chinese paramilitary organization

The People's Armed Police Force is a Chinese paramilitary organization primarily responsible for internal security, riot control, counter-terrorism, disaster response, law enforcement and maritime rights protection as well as providing support to the People's Liberation Army (PLA) during wartime.

<span class="mw-page-title-main">Secret police</span> Intelligence agency which operates in secrecy

Secret police are police, intelligence, or security agencies that engage in covert operations against a government's political, ideological, or social opponents and dissidents. Secret police organizations are characteristic of authoritarian and totalitarian regimes. They protect the political power of a dictator or regime and often operate outside the law to repress dissidents and weaken political opposition, frequently using violence. They may enjoy legal sanction to hold and charge suspects without ever identifying their organization.

<span class="mw-page-title-main">Ministry of Public Security (China)</span> Chinese internal security agency

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 majority of the People's Police. While the MPS is a nationwide police force, conducting counterintelligence and maintaining the political security of the Chinese Communist Party (CCP) remain its core functions.

<span class="mw-page-title-main">Ministry of State Security (China)</span> Civilian intelligence agency of the Peoples Republic of China

The Ministry of State Security (MSS) is the principal civilian intelligence and security agency of the People's Republic of China, responsible for foreign intelligence, counterintelligence, and the political security of the Chinese Communist Party (CCP). One of the largest and most secretive intelligence organizations in the world, it maintains powerful branches at the provincial, city, municipality and township levels throughout China. The ministry's headquarters, Yidongyuan, is a large compound in Beijing's Haidian district.

The Law of the People's Republic of China, officially referred to as the socialist rule of law with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainland China, Hong Kong, and Macau.

The origin of the current law of the People's Republic of China can be traced back to the period of the early 1930s, during the establishment of the Chinese Soviet Republic. In 1931 the first supreme court was established. Though the contemporary legal system and laws have no direct links to traditional Chinese law, their impact and influence of historical norms still exist.

A public security bureau of a city or county, or public security department 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 or provincial police; the smallest police stations are called police posts.

<span class="mw-page-title-main">Government of China</span>

The government of the People's Republic of China is based on a system of people's congress within the parameters of a unitary communist state, in which the ruling Chinese Communist Party (CCP) enacts its policies through people's congresses. This system is based on the principle of unified state power, in which the legislature, the National People's Congress (NPC), is constitutionally enshrined as "the highest state organ of power." As China's political system has no separation of powers, there is only one branch of government which is represented by the legislature. The CCP through the NPC enacts unified leadership, which requires that all state organs, from the Supreme People's Court to the President of China, are elected by, answerable to, and have no separate powers than those granted to them by the NPC. By law, all elections at all levels must adhere to the leadership of the CCP. The CCP controls appointments in all state bodies through a two-thirds majority in the NPC. The remaining seats are held by nominally independent delegates and eight minor political parties, which are non-oppositional and support the CCP. All government bodies and state-owned enterprises have internal CCP committees that lead the decision-making in these institutions.

<span class="mw-page-title-main">Border guard</span> Government service concerned with security of national borders

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<span class="mw-page-title-main">Central Political and Legal Affairs Commission</span> Organ of the Chinese Communist Party

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The national security of China is the coordination of a variety of organizations, including law enforcement, military, paramilitary, governmental, and intelligence agencies that aim to ensure China's national security. China considers three factors in its national security: national sovereignty, security, and development interests.

<span class="mw-page-title-main">Hong Kong and Macao Work Office</span> Administrative agency of the Chinese Communist Party

The Hong Kong and Macao Work Office, concurrently known as the Hong Kong and Macao Affairs Office of the State Council (HMO), is an administrative office of the Central Committee of the Chinese Communist Party responsible for promoting cooperation and coordination of political, economic, and cultural ties between mainland China and the Chinese Special Administrative Regions of Hong Kong and Macau. It was formed in 2023 on the basis of then State Council's HKMAO. Its head office is in Xicheng District, Beijing.

<span class="mw-page-title-main">Capital punishment in Macau</span>

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<span class="mw-page-title-main">Mass surveillance in China</span>

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<span class="mw-page-title-main">Chen Wenqing</span> Chinese politician (born 1960)

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<span class="mw-page-title-main">National Immigration Administration</span> Immigration authority of Peoples Republic of China

The National Immigration Administration (NIA), alternatively known as the Exit and Entry Administration of the People's Republic of China, is a sub-ministry-level executive agency administrated by the Ministry of Public Security. The administration is responsible for coordinating and formulating immigration policies and their implementation, border control, administering foreigners’ stay, management on refugees and nationality, taking the lead in coordinating the administering of foreigners who illegally enter, stay or are employed in China, and the repatriation of illegal immigrants.

<span class="mw-page-title-main">People's Police (China)</span> Civil police force of the Peoples Republic of China

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References

Citations

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  2. Ahl, Björn (2019-05-06). "Judicialization in authoritarian regimes: The expansion of powers of the Chinese Supreme People's Court". International Journal of Constitutional Law . 17 (1): 252–277. doi: 10.1093/icon/moz003 . ISSN   1474-2640.
  3. ""Walking on Thin Ice" - Control, Intimidation and Harassment of Lawyers in China". Human Rights Watch . April 28, 2008. Archived from the original on September 16, 2023. Retrieved June 19, 2024.
  4. Joske, Alex (2022-01-25). "Secret police: The Ministry of Public Security's clandestine foreign operations" (PDF). Sinopsis. Archived (PDF) from the original on January 25, 2022. Retrieved 2022-03-02.
  5. Lulu, Jichang; Jirouš, Filip (2022-02-21). "Back to the Cheka: The Ministry of Public Security's political protection work" (PDF). Sinopsis. Archived (PDF) from the original on February 21, 2022. Retrieved 2022-03-02. The CCP security apparatus exploits foreign perceptions of the MPS as equivalent to their own police to further its state security mission. Foreign judiciaries and law enforcement agencies cooperating with the MPS and other organs in the CCP political and legal system become ancillary to the protection of the party's political security.
  6. Schwarck, Edward (July 2018). "Intelligence and Informatization: The Rise of the Ministry of Public Security in Intelligence Work in China". The China Journal . 80: 1–23. doi:10.1086/697089. ISSN   1324-9347. S2CID   149764208.
  7. "Military Services – Ministry of National Defense". eng.mod.gov.cn. Retrieved 2024-04-20.
  8. Sun, Ivan Y.; Wu, Yuning (December 2009). "The Role of the People's Armed Police in Chinese Policing". Asian Journal of Criminology. 4 (2): 107–128. doi:10.1007/s11417-008-9059-y. ISSN   1871-0131. S2CID   143891785.
  9. "Top legislature passes armed police law". China Daily. 2009-08-27. Archived from the original on 2021-08-31. Retrieved 2019-10-04.
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  11. "China arrests over beating death". BBC News. 2008-01-09. Archived from the original on 2019-07-28. Retrieved 2010-01-02.
  12. "BYD delivers 500 e6 pure electric police cars to Shenzhen Public Security Bureau". BYD. January 10, 2013. Archived from the original on February 21, 2018. Retrieved February 21, 2018.

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