TNAG-1865-FCO40-2646-Legal-system-in-China-1989 — Page 14

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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