བ ·་་་་་་ས= *། ་
Solicitor General,
DETENTION AND ARREST IN THE
PEOPLE'S REPUBLIC OF CHINA
and
This report is an outline sketch of the legal powers of detention and arrest in China. It includes an examination of police powers of detention, both as an aid to investigation and as a sanction. Although criminal law the regulation of police powers have developed considerably since the end of the Cultural Revolution in 1976, there are still many problems in this area. Consequently the use of various detention powers in China
often confused
and, in particular, the distinction
is
between detention
as
a precautionary step during investigation and as a sanction can easily be lost.
Summary
The
Constitution of the P.R.C. guarantees
does not restrain the use of
In addition to criminal law
liberty of the person, but
lawful state powers to detain.
powers, the public security authorities hold a wide range of administrative powers to detain suspected law breakers.
The Administrative
public security authorities
Procedure Regulations give
the power to
detain petty offenders for a maximum of 15 days. State Council legislation also authorises the use of "Shelter and Investigation" for the detention of suspicious transients for a maximum of 3 months for investigation. In addition, under Labor Re-education regulations the public security are empowered to sentence individuals, without by court of law, to a maximum of 4 years for unlawful political or moral conduct.
authorities
trial
The Criminal Procedure
Law authorizes the