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Draft Law Reducing Police Powers

China's top legislators are considering reducing police powers when dealing with minor public order offences in order to safeguard citizens' rights.

 

The proposal was put forward by the National People's Congress (NPC) Standing Committee, and is being discussed for the second time in its weeklong session, which began on Sunday. The first deliberation was held last October.

 

Under the new draft, current police powers to question suspects for 36 hours and detain them for 30 days without charge would be cut to a maximum of 12 hours and 20 days respectively.

 

According to Zhou Kunren, vice-chairman of the NPC Law Committee, the draft law on punishment for public order infractions and security administration sets out a framework in which police would initially be allowed to question suspects for 8 hours.

 

A further 4-hour extension would only be allowed if approved by a county level or higher public security department.

 

Yang Meixi, an NPC deputy and police officer from north China's Shanxi Province, cautioned yesterday that 12 hours might not give police enough time.

 

The current rule, a regulation adopted in 1986 and amended in 1994, reads: "Punishment for violations against public order and security violations should be conducted in public and fairly to respect and guarantee human rights."

 

The new draft also has a special chapter on the supervision of public security authorities and police officers to combat some who have treated money from fines as a bonus to their regular salary.

 

The draft picks out 10 specific kinds of police behavior when dealing with minor offences that would result in administrative punishment or, in some cases, criminal responsibility, including torturing suspects, restricting their freedom and keeping money from fines.

 

If public security departments or police were found guilty of any of these, they would be required to apologize and shoulder civil responsibility.

 

Zhang Yumao, an NPC Standing Committee member, fully supported increased supervision of police officers.

 

"Although most police officers fulfill their duties, there is some corruption among public security workers," he said.

 

(China Daily June 28, 2005)

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