- 6
-
The
enacted in 1986
Administrative Penalty Regulations were
by the Standing Committee of the National
People's Congress to replace the 1957 version of the same of the National People's Congress, (the
law.
Statutes
"NPC", China's nominal legislature), take precedence over
all other types of legislation, regardless of whether they
are
designated 12 150
).
"laws"
}
Committee
Constitution
NPC.
rank
The
second
い法律
) or "regulations"
enactments of the NPC Standing
in legal effect after the
and other basic legislation passed by the full
The meaning of NPC laws, including the Regulations, is however dependent on the enactment of subordinate legislation by the State Council, its ministries, and the regional and
legislation is
local governments.
often
This subordinate not available to the general public, especially when it concerns public security matters.
The Administrative Penalties Regulations are only one element in a large array of public security powers of detention.
is therefore important to view them in
It
are
also
the context of the other powers detailed below.
In addition, the Regulations
affected by the poor enforcement of legal procedures and constraints on police powers, which remains a major problem in China's legal system. It is clear from the Chinese legal press that time limits and approval procedures are routinely ignored in many regions
and that the ordinary citizen has little hope
of redress when this occurs.
4.
Shelter and Investigation
The
Investigation
1950's
and
are
publi security powers of Shelter and
(収容審査) have their origins in the
closely connected to the powers of the