China revises law to standardize power exertion of the police and reduces their power at discretion (2004-10-22)
 
The draft of Law of the People's Republic of China on Administrative Penalties for Public Security was submitted for discussion for the first time at the 10th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China. The law draft guarantees that those who make offenses against public security will receive necessary penalty. And at the same time, it will esteem and safeguard human rights, standardize the police to exert powers and reduce their decretive power for protection of the lawful rights of the citizens, legal persons and the other organizations free from infringements.

 

The draft rules that combined administrative detention and penalty should not exceed 30 days at most, which has changed the status that the current paragraph has no upper limit. The draft also rules that if the minor is under 16 years old, the senior over 70 years and the woman in pregnant or in nursing a baby less than one year old make offenses against administration of public order deserving the penalty of administrative detention, they need not to be kept in detention. The administrative detention can be converted into fines according to the standard of 200 Yuan per day.

 

The police organs should inform the relatives of the summonees the reasons and locations to those who violate the public security regulations being interrogated and investigated over 12 hours. If they can't be informed or may obstruct the investigations, the police organs should inform the people 's procuratorate at the same level. This article ruled by the draft puts the police' conducts under the supervision of people 's procuratorate at the same level for implementation of the laws with justice. The draft insists on the lawful principles of infringement actions, assigns a strict penalty procedure and set up a withdrawal system addressing the public security cases to be dealt with by the police. Furthermore, the draft rules that inquisition by torture and the action of extorting a confession are strictly prohibited, and so are the collection of evidences by threatening, enticing and deceiving or the other illegal methods. The evidence collected illegally will not be adopted for avoidance of infringement of lawful rights of civilians.

 

The draft subdivides the detention penalty of 1~15 days in most cases ruled by regulations into three categories: 1~5 days, 5~10 days and 10~15 days. These measures are to avoid over amplification of administrative detention penalty and guarantee the appropriate decretive power of police (Yuanxiang).

 

Source: Guangming Newspaper



 
 
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