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information there are good grounds to believe that Labor
Re-education is used in China to punish minor malcontents
and those whose political or moral conduct is otherwise
unacceptable to local party and state authorities.
The Provisional Labor Re-education Measures is a
short document of 180 Chinese characters, giving little procedural guidance for the imposition of Labor
Re-education. There are apparently no provisions for an arrest or formal charge. According to earlier regulations
issued by the State Council in 1979, Labor Re-education
sentences must be investigated and approved by Committees
composed of representatives of the Civil Affairs, Public
Security and Labor Ministries. Sentences normally range
from one to three years, and may be extended for one more
year where necessary.
7.
Criminal Law
(i)
Detention
In contrast to other Chinese statutes granting
powers of detention to the public security authorities, the
Criminal Procedure Law
刑事訴訟法) contains
relatively detailed provisions governing detention
and
arrest procedures. Article 41 of the Law sets out a number
of situations in which public security personnel are authorized to detain members of the public without arrest.
These are as follows :
(a) where an
(b)
individual is discovered in the
preparation of, during, or immediately after the commission of a crime;
where an individual is identified by a victim or
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