China: Recourse a person in Shandong has against an abusive military police ("army police") officer, particularly when the abuse appears to be motivated by personal malice or greed; information on whether and how citizens can complain about inappropriate or abusive behaviour on the part of the police

The following police forces are mentioned in a 1997 article on the police in China: the "regular public security police," the "special public security police" (comprised of the railway, transportation, civil aviation and forest police), the "state security police," the "prison police," the "judicial police," and the "people's armed police" (Policing 1997, 116-18). No specific information on military police in China could be found among the sources consulted by the Research Directorate; however, the people's armed police "was established in 1983 by converting one million active military soldiers into police" (ibid. 117). The people's armed police, which is made up mainly of conscripts (Crime and Justice International Apr. 1997, 7), comes under the "joint command of the Ministry of Public Security and the Central Military Committee" (Policing 1997, 117).

The following information is from page 126 to page 130 of the 1997 article in Policing.

Under China's Police Law of 1995, the police in China "are subject to four types of supervision: procuratorate supervision, administrative supervision, internal supervision and citizen supervision." Citizens wishing to complain about police actions may direct their complaints to the people's procuratorate, the Ministry of Supervision, or to police Internal Supervisory Committees.

The people's procuratorate is responsible for prosecuting police officers charged with crimes.

Administrative supervision of the Chinese police is done by China's Ministry of Supervision. It should be noted that the Ministry of Supervision has responsibility for supervising "all government agencies," not just the police. The Ministry of Supervision has the authority to impose the following disciplinary measures on police officers it has determined have acted improperly: "warning, record of a demerit, record of a major demerit, demotion, dismissal from the post, and expulsion from the police force."

Internal supervision of the police is conducted by means of "higher level police agencies" overseeing the operations of "lower level police agencies" and by means of "Internal Supervisory Committees ... in all police bureaus at or above prefectural level." These Internal Supervisory Committees have the authority to impose penalties on police officers whom they have determined have acted improperly. They are also responsible for supervising police operations on a routine basis.

In accordance with the principle of citizens' supervision of the police, the 1995 Police Law stipulates that all Chinese citizens have the following three rights:

(1) the right to make recommendations and suggestions to law enforcement agencies;

(2) the right to file complaints against the police; and

(3) the right to bring lawsuits against the police.

Citizens may sue the police either through administrative tribunals or through regular courts. The author cautions that the ability of the courts to discipline the police is limited, however, because "lawfulness and not reasonableness is the standard on which the court review is conducted."

For more information on the system of police accountability in China, please see the attached excerpt from the text of the article.

On 26 May 1998 China's Public Security Minister, Jia Chunwang, stated that he had ordered the establishment of "hotlines" for the use of citizens who want to complain about improper behaviour on the part of the police (China Daily 28 May 1998). The minister added that

police officers are prohibited from neglecting their duty, bullying people, accepting gifts, becoming involved in entertainment businesses, taking part-time jobs, using their authority for personal interests, beating or torturing suspects, or charging illegal fees (ibid.).

Citing the People's Daily, China Daily reported that over 2,000 "temporary" police officers were fired in Shanxi province after inspection of their work began in March 1998 (ibid.). The same source reported that over 100 police officers had been "punished" for breaches of discipline or violation of the law. It did not state where in China those 100 officers had been working (ibid.).

In June 1998 it was reported that in the province of Henan over 50,000 "law enforcement personnel" composed of "subordinate personnel and policemen" were dismissed from their posts for torturing detainees and other abuses (AFP 9 June 1998; Ming Pao 10 June 1998). It was also reported that 20,000 "cadres and policemen" were dismissed for incompetence in the province of Shanxi, of whom about 100 were put on trial, and that as a result of the investigation of "more than 10,000 cases reported by the masses" in Gizhou province, 133 "cadres and policemen" were dismissed or charged with offences (ibid.). These reports followed the broadcasting of the alleged beating of two detainees in a Shanghai police station after the incident, which Chinese authorities claimed was "fabricated," was filmed by a crew working for a Canadian television station (AFP 9 June 1998).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of sources consulted in researching this Information Request.

References

Agence France Presse (AFP). 9 June 1998. "50,000 Chinese Police Sacked in Reform Campaign." (NEXIS)

China Daily. 28 May 1998. "China Police Officers Warned Against Illegal Conduct." (NEXIS)

Crime and Justice International: Worldwide Views and Trends [Chicago]. April 1997. Vol. 13, No. 3. Dick Ward. "Public Security in Modern China."

Ming Pao [Hong Kong, in Chinese]. 10 June 1998. "Public Security, Judiciary Officials Purged for Torture and Corruption." (BBC Summary 11 June 1998/NEXIS)

Policing: An International Journal of Police Strategies and Management. 1997. Vol. 20 No. 1. Yue Ma. "The Police Law 1995: Organization, Functions, Powers and Accountability of the Chinese Police." West Yorkshire: MCB University Press.

Attachment

Policing: An International Journal of Police Strategies and Management. 1997. Vol. 20 No. 1. Yue Ma. "The Police Law 1995: Organization, Functions, Powers and Accountability of the Chinese Police." West Yorkshire: MCB University Press. Pages 113, 126-30.

Additional Sources Consulted

Electronic sources: IRB databases, FBIS, Global News Bank, Keesing's, Internet, REFWORLD, WNC.

Two oral sources consulted did not provide information on the requested subject.