A Chinese police vehicle. Reuters
Headlines about China are filled with reports of Chinese citizens — some well-known, some less so — who have been detained, arrested or indicted. Recent cases, for example, include those of activist lawyer Pu Zhiqiang, first detained and then arrested for the crime of “picking quarrels,” as well as that of TV journalist Rui Chengang, who was recently detained. The array of terms used to describe the different powers and tactics available to the Chinese police is enough to make both readers and journalists struggle. The terminology varies, and is often used without explanation. For example, news organizations sometimes use the terms “detained” and “arrested” as if the two terms are synonymous.
As China’s political-legal system presses vigorously to maintain “social stability,” the number of different terms used is further complicated by the various actors and agencies involved, including public security (“police”) forces and the procuratorate (“procuracy”). At the same time, Chinese President Xi Jinping’s campaign against corruption is being conducted by the Chinese Communist Party, which follows its own rules until it turns over an accused party member to the formal legal system.
The problem is deepened by the fact that Chinese police use not only legal, but extra-legal powers to deprive or limit the personal liberty of people authorities claim present threats to “social stability.” Between mid-May and early July, for example, more than 130 individuals were “criminally detained,” “administratively detained,” “arrested,” ”forced to travel,” “taken away,” “put under surveillance,” “taken into temporary custody,” or “home searched” by the Chinese police, according to the latest report by nonprofit Human Rights in China. One was “disappeared.” By July 8th, 36 had been released.
As China continues to step up its campaign against citizens who protest, talk about protesting or commit other acts the state deems disruptive, this review should be helpful to readers:
What legal powers do China’s police have?
According to the country’s Criminal Procedure Law (CPL), which came into effect on January 1, 2013, China’s police have wide-ranging powers that include the following:
Criminal detention
Detention by police normally begins a formal process that leads to formal arrest, which must be approved by the procuracy. Such an arrest is then usually followed by procuracy indictment and trial in court. The procuracy typically approves detention periods of up to three days, although approval may be given in “extraordinary circumstances” for detentions that last up to seven days. A “major suspect” may be held for as long as 30 days.
Arrest
After a request for formal arrest has been approved by the procuracy, police custody can continue for two months, although extensions can be approved “under various circumstances up to seven months,” after which time the case is ordinarily referred to the procuracy for formal indictment.
Restrictions on personal liberty
In addition to the above, police can impose police supervision or restrictions on persons not under police custody. Such supervision or restrictions include:
