NCJ Number
52729
Journal
Police Review Volume: 87 Issue: 4475 Dated: (OCTOBER 1978) Pages: 1560-1562
Date Published
1978
Length
3 pages
Annotation
BECAUSE OF THE HIGHLY POLITICIZED NATURE OF SOCIETY IN COMMUNIST CHINA, THE FUNCTION OF POLICE AND PUBLIC SECURITY PERSONNEL IS DEFINED IN BROAD POLITICAL RATHER THAN LEGAL TERMS.
Abstract
THE PEOPLE'S REPUBLIC OF CHINA HAS NO COMPREHENSIVE LEGAL CODE. LEGAL AND PUBLIC SECURITY OPERATIONS ARE GUIDED BY PRECEDENT AND POLITICAL LINE RATHER THAN BY THE 'RULE OF LAW' AS IN WESTERN SOCIETIES. PUBLIC SECURITY IN CHINA IS THE DIRECT RESPONSIBILITY OF THE CENTRAL MINISTRY OF PUBLIC SECURITY, WHICH IS AT THE APEX OF A HIERARCHY OF BUREAUS AND SUBBUREAUS AT BASE OF WHICH ARE SMALL LOCAL POLICE STATIONS WHOSE PERSONNEL HAVE DAILY AND DIRECT CONTACT WITH THE POPULATION. WITHIN THIS SYTEM, PUBLIC SECURITY PERSONNEL PROVIDE AN ALLEMBRACING CONTROL AND SOCIAL WELFARE FUNCTION, FROM HUNTING COUNTERREVOLUTIONARIES AND ORDINARY CRIMINALS SUCH AS THIEVES, TO CENSUS-TAKING AND FIREFIGHTING. ALTHOUGH THE PEOPLE'S POLICE ACT OF 1957 NARROWLY DEFINES THE JURISDICTIONAL POWERS OF THE POLICE, THE POLICE ARE PROVIDED WITH A BROAD RANGE OF NORMATIVE (NONCOERCIVE) AND COERCIVE (CRIMINAL) SANCTIONS AND CONTINUE TO EXERCISE CONSIDERABLE DISCRETION AS TO WHAT CONSTITUTES CRIMINAL CONDUCT AND WHICH CASES SHOULD BE REFERRED TO SUPERIOR BRANCHES OF THE MINISTRY. FOR HISTORICAL, CULTURAL, AND POLITICAL REASONS, THERE ARE EXTREMELY CLOSE POLICE-PEOPLE RELATIONS AND A HIGH DEGREE OF INTEGRATION OF THE POLICE IN THE LOCAL COMMUNITY. CITIZEN'S COMMITTEES PLAY A VERY SIGNIFICANT ROLE IN THE SYSTEM AND THE POLICE RARELY ACT WITHOUT CONSULTING THEM. CRITICISM AND SELF-CRITICISM ARE VERY IMPORTANT TOOLS OF SOCIAL AND POLITICAL CONTROL. ALTHOUGH STATISTICS AND OTHER HARD EVIDENCE AS TO HOW WELL THIS SYSTEM WORKS ARE UNAVAILABLE, IT APPEARS THAT THE POLICE IN CHINA WORK IN COOPERATION WITH THE PEOPLE RATHER THAN OVER OR AGAINST THEM. (MPK)