Law enforcement in China

Law enforcement in the People's Republic of China consists of an extensive public security system and a variety of enforcement procedures. Along with the courts and procuratorates, the country's judicial and public security agencies include the Ministry of Public Security (MPS) and the Ministry of State Security (MSS), with their descending hierarchy of departments, bureaus (局, "Jú"), subbureaus (副局, "Fù jú"), and stations (所, "Suǒ").

Hong Kong and Macau have separate law enforcement agencies, different legal systems, and are classified as separate jurisdictions under the one country, two systems framework. However, the Hong Kong Police Force (HKPF) and Public Security Police Force often cooperate with the mainland MPS on cases involving cross border crime.

Overview

The national security system is made up of the Ministry of Public Security (MPS) and the Ministry of State Security (MSS), the People's Armed Police (PAP), the People's Liberation Army (PLA), and the state judicial, procuratorial, and penal systems. The Central Political and Legal Affairs Commission vets all law enforcement officers and legal officials for political reliability.^[1]

The Ministry of Public Security (MPS) oversees all domestic police activity in China. The ministry is responsible for police operations and detention centers and has dedicated departments for internal political, economic, and communications security. The Ministry of State Security (MSS) was established in 1983 to ensure "the security of the state through effective measures against enemy agents, spies, and counterrevolutionary activities designed to sabotage or overthrow China's socialist system."^{[citation needed]} The Ministry of Justice maintains oversees the operation of prisons.^{[citation needed]}

Judicial system

The judicial branch of the People's Republic of China (PRC), organized under the constitution and organic law, is one of five organs of state power elected by the National People's Congress (NPC). The PRC does not have judicial independence or judicial review as the courts do not have authority beyond what is granted to them by the NPC under a system of unified power. The Chinese Communist Party's Central Political and Legal Affairs Commission maintains effective control over the court system and its personnel.^[2]^[3] Hong Kong and Macau have separate court systems in accordance with the "one country, two systems" doctrine.

Key organizations

Ministry of Public Security

The Ministry of Public Security (MPS, Chinese: 公安部; pinyin: Gōng'ānbù)^[a] is a government ministry of the People's Republic of China responsible for public and political security. It oversees more than 1.9 million of the country's law enforcement officers and as such the vast majority of the People's Police. While the MPS is a nationwide police force, conducting counterintelligence and maintaining the political security of the Chinese Communist Party (CCP) remain its core functions.^[4]^[5]^[6]

People's Armed Police

The People's Armed Police Force^[7]^[b] is a Chinese paramilitary organization^[8]^: 121 primarily responsible for internal security, riot control, counter-terrorism, disaster response, law enforcement and maritime rights protection^[9] as well as providing support to the People's Liberation Army (PLA) during wartime.^[10]^: 87

Chengguan

Chengguan (城管; 'Urban management', short for 城市管理执法; 'Urban Management and Law Enforcement') is an administrative practice of city-level local governments in the People's Republic of China to oversee and manage city appearance and public environments according to the region's bylaws. Chengguan are non-sworn civil agencies and are not entitled police powers.^[11]^[12]^[13] Numerous incidents have occurred over the years involving Chengguan seriously wounding innocents and even beating people to death in public.^[14]

Police vehicles

Police cars in the mainland are white with a dark blue swoosh painted on the side such as BYD e6.^[15] China does not have a uniform fleet buying program so local departments typically buy from a variety of local dealerships. Volkswagen Santanas and Volkswagen Passats are the most common but other makes and models are present as well.^{[citation needed]}

Illegal drug trafficking

Notes

^ Mandarin pronunciation: [kʊ́ŋ.án.pû]; abbr. from Chinese: 公共安全部; pinyin: Gōnggòng Ānquán Bù; lit. 'Public Security Ministry' Mandarin pronunciation: [kʊ́ŋ.kʊ̂ŋ án.tɕʰɥɛ̌n pû]
^ abbreviation: PAP; Chinese: 中国人民武装警察部队; pinyin: Zhōngguó Rénmín Wǔzhuāng Jǐngchá Bùduì

References

Citations

^ "How China stifles dissent without a KGB or Stasi of its own". The Economist. February 15, 2024. ISSN 0013-0613. Retrieved 2024-02-15.
^ Ahl, Björn (2019-05-06). "Judicialization in authoritarian regimes: The expansion of powers of the Chinese Supreme People's Court". International Journal of Constitutional Law. 17 (1): 252–277. doi:10.1093/icon/moz003. ISSN 1474-2640.
^ ""Walking on Thin Ice" - Control, Intimidation and Harassment of Lawyers in China". Human Rights Watch. April 28, 2008. Archived from the original on September 16, 2023. Retrieved June 19, 2024.
^ Joske, Alex (2022-01-25). "Secret police: The Ministry of Public Security's clandestine foreign operations" (PDF). Sinopsis. Archived (PDF) from the original on January 25, 2022. Retrieved 2022-03-02.
^ Lulu, Jichang; Jirouš, Filip (2022-02-21). "Back to the Cheka: The Ministry of Public Security's political protection work" (PDF). Sinopsis. Archived (PDF) from the original on February 21, 2022. Retrieved 2022-03-02. The CCP security apparatus exploits foreign perceptions of the MPS as equivalent to their own police to further its state security mission. Foreign judiciaries and law enforcement agencies cooperating with the MPS and other organs in the CCP political and legal system become ancillary to the protection of the party's political security.
^ Schwarck, Edward (July 2018). "Intelligence and Informatization: The Rise of the Ministry of Public Security in Intelligence Work in China". The China Journal. 80: 1–23. doi:10.1086/697089. ISSN 1324-9347. S2CID 149764208.
^ "Military Services – Ministry of National Defense". eng.mod.gov.cn. Retrieved 2024-04-20.
^ Sun, Ivan Y.; Wu, Yuning (December 2009). "The Role of the People's Armed Police in Chinese Policing". Asian Journal of Criminology. 4 (2): 107–128. doi:10.1007/s11417-008-9059-y. ISSN 1871-0131. S2CID 143891785.
^ "Top legislature passes armed police law". China Daily. 2009-08-27. Archived from the original on 2021-08-31. Retrieved 2019-10-04.
^ Blasko, Dennis J. (2006). The Chinese Army today : tradition and transformation for the 21st century (2nd ed.). London: Routledge. ISBN 0415770025. OCLC 68694731.
^ 住房和城乡建设部 Ministry of Housing and Urban-Rural Development. "中华人民共和国住房和城乡建设部令（第34号）城市管理执法办法 – 2017年第28号国务院公报 – 中国政府网 Order of the Ministry of Housing and Urban-Rural Development of the People's Republic of China (No. 34) Urban Management Law Enforcement Measures – State Council Gazette No. 28, 2017 – China Government Web". 中华人民共和国中央人民政府 Central People's Government of the People's Republic of China. Archived from the original on 2023-10-11. Retrieved 2023-10-09.
^ 住房城乡建设部 Ministry of Housing and Urban-Rural Development. "住房城乡建设部关于印发城市管理执法行为规范的通知 – 国务院部门文件 – 中国政府网 Notice of the Ministry of Housing and Urban-Rural Development on Issuing the Code of Conduct for Urban Management and Law Enforcement – Departmental Documents of the State Council – China Government Web". 中华人民共和国中央人民政府 Central People's Government of the People's Republic of China. Archived from the original on 2023-10-11. Retrieved 2023-10-09.
^ Zhang, Lyuhao. "城市管理综合执法的法理与实践（上） Legal theory and practice of comprehensive law enforcement in urban management (Part 1)" (PDF). 北京市司法局 Beijing Municipal Justice Bureau. Archived (PDF) from the original on 2023-10-11. Retrieved 2023-10-09.
^ "China arrests over beating death". BBC News. 2008-01-09. Archived from the original on 2019-07-28. Retrieved 2010-01-02.
^ "BYD delivers 500 e6 pure electric police cars to Shenzhen Public Security Bureau". BYD. January 10, 2013. Archived from the original on February 21, 2018. Retrieved February 21, 2018.

Sources

This article incorporates text from this source, which is in the public domain. China: A Country Study. Federal Research Division. Government and Politics.
Kam C. Wong, Chinese Policing: History and Reform (N.Y.: Peter Lang, 2009)
Kam C. Wong, Police Reform in China (Taylor and Francis, 2011)
Kam C. Wong, Cyberspace Governance in China (Nova Science Publisher, 2011)

[4] Mandarin pronunciation: [kʊ́ŋ.án.pû]; abbr. from Chinese: 公共安全部; pinyin: Gōnggòng Ānquán Bù; lit. 'Public Security Ministry' Mandarin pronunciation: [kʊ́ŋ.kʊ̂ŋ án.tɕʰɥɛ̌n pû]

[9] reviation: PAP; Chinese: 中国人民武装警察部队; pinyin: Zhōngguó Rénmín Wǔzhuāng Jǐngchá Bùduì

[1] "How China stifles dissent without a KGB or Stasi of its own". The Economist. February 15, 2024. ISSN 0013-0613. Retrieved 2024-02-15.

[2] Ahl, Björn (2019-05-06). "Judicialization in authoritarian regimes: The expansion of powers of the Chinese Supreme People's Court". International Journal of Constitutional Law. 17 (1): 252–277. doi:10.1093/icon/moz003. ISSN 1474-2640.

[3] ""Walking on Thin Ice" - Control, Intimidation and Harassment of Lawyers in China". Human Rights Watch. April 28, 2008. Archived from the original on September 16, 2023. Retrieved June 19, 2024.

[Ministry_of_Public_Security_(China)_:2-5] Joske, Alex (2022-01-25). "Secret police: The Ministry of Public Security's clandestine foreign operations" (PDF). Sinopsis. Archived (PDF) from the original on January 25, 2022. Retrieved 2022-03-02.

[Ministry_of_Public_Security_(China)_:1-6] Lulu, Jichang; Jirouš, Filip (2022-02-21). "Back to the Cheka: The Ministry of Public Security's political protection work" (PDF). Sinopsis. Archived (PDF) from the original on February 21, 2022. Retrieved 2022-03-02. The CCP security apparatus exploits foreign perceptions of the MPS as equivalent to their own police to further its state security mission. Foreign judiciaries and law enforcement agencies cooperating with the MPS and other organs in the CCP political and legal system become ancillary to the protection of the party's political security.

[7] Schwarck, Edward (July 2018). "Intelligence and Informatization: The Rise of the Ministry of Public Security in Intelligence Work in China". The China Journal. 80: 1–23. doi:10.1086/697089. ISSN 1324-9347. S2CID 149764208.

[8] "Military Services – Ministry of National Defense". eng.mod.gov.cn. Retrieved 2024-04-20.

[People's_Armed_Police_Sun2009-10] Sun, Ivan Y.; Wu, Yuning (December 2009). "The Role of the People's Armed Police in Chinese Policing". Asian Journal of Criminology. 4 (2): 107–128. doi:10.1007/s11417-008-9059-y. ISSN 1871-0131. S2CID 143891785.

[People's_Armed_Police_ChinaDaily2009-11] "Top legislature passes armed police law". China Daily. 2009-08-27. Archived from the original on 2021-08-31. Retrieved 2019-10-04.

[People's_Armed_Police_Blasko2006-12] Blasko, Dennis J. (2006). The Chinese Army today : tradition and transformation for the 21st century (2nd ed.). London: Routledge. ISBN 0415770025. OCLC 68694731.

[Chengguan_(agency)_:0-13] 住房和城乡建设部 Ministry of Housing and Urban-Rural Development. "中华人民共和国住房和城乡建设部令（第34号）城市管理执法办法 – 2017年第28号国务院公报 – 中国政府网 Order of the Ministry of Housing and Urban-Rural Development of the People's Republic of China (No. 34) Urban Management Law Enforcement Measures – State Council Gazette No. 28, 2017 – China Government Web". 中华人民共和国中央人民政府 Central People's Government of the People's Republic of China. Archived from the original on 2023-10-11. Retrieved 2023-10-09.

[14] 住房城乡建设部 Ministry of Housing and Urban-Rural Development. "住房城乡建设部关于印发城市管理执法行为规范的通知 – 国务院部门文件 – 中国政府网 Notice of the Ministry of Housing and Urban-Rural Development on Issuing the Code of Conduct for Urban Management and Law Enforcement – Departmental Documents of the State Council – China Government Web". 中华人民共和国中央人民政府 Central People's Government of the People's Republic of China. Archived from the original on 2023-10-11. Retrieved 2023-10-09.

[15] Zhang, Lyuhao. "城市管理综合执法的法理与实践（上） Legal theory and practice of comprehensive law enforcement in urban management (Part 1)" (PDF). 北京市司法局 Beijing Municipal Justice Bureau. Archived (PDF) from the original on 2023-10-11. Retrieved 2023-10-09.

[Chengguan_(agency)_bbc912-16] "China arrests over beating death". BBC News. 2008-01-09. Archived from the original on 2019-07-28. Retrieved 2010-01-02.

[17] "BYD delivers 500 e6 pure electric police cars to Shenzhen Public Security Bureau". BYD. January 10, 2013. Archived from the original on February 21, 2018. Retrieved February 21, 2018.

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v t e National security and law enforcement in China
National	Central Committee of the Chinese Communist Party National Security Commission Central Military Commission People's Liberation Army Militia Maritime Militia NDMC United Front Work Department State Council Ministry of State Security Ministry of Public Security National Defense Mobilization Commission Ministry of National Defense Taiwan Affairs Office
Mainland	Supervisory Commissions People's Police Public Security PP provincial Public Security Departments city/county Public Security Bureaus Internet police Immigration Inspection State Security PP Judicial Administrative PP People's Courts Judicial Police People's Procuratorates Judicial Police People's Armed Police Coast Guard Customs State Secrets Protection Cyberspace Admin Urban Admin
Hong Kong	Office for Safeguarding National Security Committee for Safeguarding National Security PLA Hong Kong Garrison Independent Commission Against Corruption Disciplined Services Police National Security Department Fire Correction Customs Immigration
Macau	PLA Macau Garrison Commission Against Corruption Macau Security Force Unitary Police Service [zh] Public Security Police (including Migration Service) Judicial Police [zh] Fire Services Bureau Correctional Services Bureau Macau Customs Service [zh]
Operations	Campaign to Suppress Counterrevolutionaries (1950–53) Three-anti and Five-anti Campaigns (1951–52) Sufan movement (1955–57) Anti-Rightist Campaign (1957–59) Red August (1966) Shadian incident (1975) 1983 "Strike Hard" Anti-crime Campaign (1983–87) Persecution of Falun Gong (1999) 6521 Project (2009) Anti-corruption campaign (2012–) Strike Hard Campaign Against Violent Terrorism (2014–) Operation Fox Hunt (2014–) 709 crackdown (2015) Abroad Information operations and information warfare United States
Other topics	2011 crackdown 610 Office Arbitrary arrest and detention Black jails Capital punishment Censorship Central Case Examination Group Chinese information operations and information warfare Civil Servant-Family Pair Up Death sentence with reprieve Enforced disappearance Great Cannon Grid-style social management Hong Kong national security law List of Hong Kong national security cases Human flesh search engine Human rights Tibet Macao Hong Kong Internet censorship Inciting subversion of state power Judicial system Judiciary of Hong Kong Judiciary of Macau Laogai Life imprisonment Mass surveillance in China Migration to Xinjiang Penal system PLA Unit 61398 Political offences Picking quarrels and provoking trouble Re-education through labor Residential Surveillance at a Designated Location Soft detention Shuanggui Strike Hard Campaign Against Violent Terrorism Two-faced person Persecution of Uyghurs in China Xinjiang internment camps Holistic security concept

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