ཀམ- -
2
-
detention
offenders
without
arrest
of
suspected
criminal law
when they are readily identifiable or likely to
flee or destroy evidence.
This statute also governs arrest
procedures. Arrest is a procedural device required for the approval of lengthy periods detention. during the investigation of a criminal offense.
1.
Constitution
inviolable."
Article 37 of the Constitution (1982) provides that, "freedom of the person of citizens of the P.R.C. is
Unlawful arrest or detention are also expressly prohibited. Chinese citizens therefore enjoy a constitutional right
liberty, except where constrained
to
by law.
This position is somewhat analogous to the protection of personal liberty under English law, as the Chinese constitutional right to personal liberty does not overide any other laws of the state. The distinction is of course that there are many more legal pretexts in China for the denial of personal liberty than exist in Britain. Article 37 is therefore essentially a protection against detention by persons unauthorised to do so by the state.
2. State Police Organisations
arrest
In China the State's powers of detention and
are exercised by the divisions of the Public ) which is responsible for
Security Ministry (
most
公安部
aspects of national police work, as well as the
Security Ministry
national security
(which is responsible for
and
the People's Armed Police
U which is responsible for guarding 1人民武
XX
government institutions,
of major civil unrest.
foreign embassies and the control
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