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.

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.

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">Special administrative regions of China</span> Province-level autonomous subdivisions of the Peoples Republic of China

The special administrative regions (SAR) of the People's Republic of China are one of four types of province-level divisions of the People's Republic of China directly under the control of its Central People's Government, being integral areas of the country. As a region, they possess the highest degree of autonomy from China's central government. However, despite the relative autonomy that the Central People's Government offers the special administrative regions, the National People's Congress and its Standing Committee remains capable of enforcing laws for the special administrative regions.

<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">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">Military police</span> Police organization part of the military of a state

Military police (MP) are law enforcement agencies connected with, or part of, the military of a state. In wartime operations, the military police may support the main fighting force with force protection, convoy security, screening, rear reconnaissance, logistic traffic management, counterinsurgency, and detainee handling.

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. The PSB/PSD system is similar in concept to the Japanese kōban system, and is present in each province and municipality. Typically, a PSB/PSD handles policing, public security, and social order. Other duties include residence registration ("hukou") and internal and external migration matters, such as the registration of temporary residents.

<span class="mw-page-title-main">Hong Kong Garrison</span> Garrison of the Peoples Liberation Army

The People's Liberation Army Hong Kong Garrison is a garrison of the People's Liberation Army (PLA), responsible for defence duties in the Hong Kong Special Administrative Region (SAR) since the handover of Hong Kong in 1997.

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

A border guard of a country is a national security agency that ensures border security. Some of the national border guard agencies also perform coast guard and rescue service duties.

<span class="mw-page-title-main">Chengguan (agency)</span> Administrative practice of city-level local governments in China

Chengguan is an administrative practice of city-level local governments in China to oversee and manage city appearance and public environments according to the region's bylaws. Chengguan are non-sworn civil agencies and are not entitled police powers.

<span class="mw-page-title-main">Law enforcement by country</span>

In many countries, particularly those with a federal system of government, there may be several law enforcement agencies, police or police-like organizations, each serving different levels of government and enforcing different subsets of the applicable law.

The paramilitary forces of China are the military units and formations apart from the People's Liberation Army, the principal military force of the People's Republic of China. They are composed of three main forces, the People's Liberation Army reserve force, the People's Armed Police (PAP), and the Militia, and they act as auxiliaries to the active forces of the People's Liberation Army. They generally perform a wide range of roles. All together, the paramilitary has 98,854,000 troops, as of 2018.

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">Visa policy of Macau</span> Policy on permits required to enter Macau

The Government of the Macau Special Administrative Region allows citizens of specific countries/territories to travel to Macau for tourism or business purposes for periods ranging from 14 to 180 days without having to obtain a visa. For other entry purposes, such as establishing residence on a long-term basis, a different policy applies.

<span class="mw-page-title-main">Central Guard Regiment</span> Chinese military unit

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In the People's Republic of China, access by the general public to firearms is subject to some of the strictest control measures in the world. With the exception of individuals with hunting permits and some ethnic minorities, civilian firearm ownership is restricted to non-individual entities.

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

Mass surveillance in the People's Republic of China (PRC) is the network of monitoring systems used by the Chinese central government to monitor Chinese citizens. It is primarily conducted through the government, although corporate surveillance in connection with the Chinese government has been reported to occur. China monitors its citizens through Internet surveillance, camera surveillance, and through other digital technologies. It has become increasingly widespread and grown in sophistication under General Secretary of the Chinese Communist Party (CCP) Xi Jinping's administration.

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

Chen Wenqing is a Chinese intelligence officer, politician and member of the Politburo of the Chinese Communist Party who currently serves as the secretary of the Central Political and Legal Affairs Commission. He previously led the Ministry of State Security.

<span class="mw-page-title-main">Militia (China)</span> Chinese paramilitary force

The Militia or Militia of China is the militia part of the armed forces of China, the other two parts being the People's Liberation Army (PLA) and the People's Armed Police (PAP). The Militia is under the leadership of the Chinese Communist Party (CCP) and serves as an auxiliary and reserve force for the PLA. It is one of the largest militias in the world.

<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

The People's Police is the national civilian police force of the People's Republic of China. Police in China have a variety of roles in addition to enforcing the law, they are also responsible for the maintenance of social stability, and in this sense policing in China performs not just a law enforcement function but a political function as well. The majority of national police forces are under the jurisdiction of the Ministry of Public Security (MPS).

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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