Beijing Officials Report Increase in Fines and Detentions Under New Public Security Law

April 28, 2006

Beijing public security officials convened an April 12 meeting to provide information and statistics about the municipality's implementation of the new Public Security Administration Punishment Law, according to an April 13 Legal Evening News report (in Chinese, via the People's Procuratorate Daily). During the month after the law went into effect on March 1, Beijing police filed over 35,000 cases, leading to investigations of over 40,000 individuals, warnings or fines for more than 16,000, and administrative detention for more than 7,000. Although there was an increase of just 1,000 cases over the number filed in February, the month preceding implementation of the law, an April 13 Beijing News report (in Chinese) noted that the law now provides a new basis for punishing actions not previously punishable under other laws or regulations. In addition to identifying new categories of behavior subject to administrative punishments, the law also sets forth harsher penalties than its predecessor Regulations on Public Security Administration Punishment.

Beijing public security officials convened an April 12 meeting to provide information and statistics about the municipality's implementation of the new Public Security Administration Punishment Law, according to an April 13 Legal Evening News report (in Chinese, via the People's Procuratorate Daily). During the month after the law went into effect on March 1, Beijing police filed over 35,000 cases, leading to investigations of over 40,000 individuals, warnings or fines for more than 16,000, and administrative detention for more than 7,000. Although there was an increase of just 1,000 cases over the number filed in February, the month preceding implementation of the law, an April 13 Beijing News report (in Chinese) noted that the law now provides a new basis for punishing actions not previously punishable under other laws or regulations. In addition to identifying new categories of behavior subject to administrative punishments, the law also sets forth harsher penalties than its predecessor Regulations on Public Security Administration Punishment.

A March 2 China Daily report noted that security ranks high among the concerns of respondents to many Chinese opinion polls. To provide a higher degree of security, the law adds 165 new offenses that are subject to administrative punishments, according to the China Daily report. Ministry of Public Security (MPS) officials held a news conference (in Chinese) on February 28 in which they further emphasized the rapid changes in China's economic and social environment, the increasing types of behavior violating public security administration rules, and the inadequacy of previous regulations in protecting public security. Officials stressed the need to "strike hard" and punish illegal actions that endanger public security. Ke Liangdong, Director of the Department of Legal Affairs of the MPS, explained at the news conference that the law now entrusts public security agencies and people's police with greater powers and means for carrying out their duties and protecting social stability and public order.

According to MPS statistics disclosed in a January 19 press release, public order disturbances in China increased during 2005, and crimes of "disturbing public order" rose to a total of 87,000, a 6.6 percent increase over 2004. Despite the general increase in social unrest reflected by these figures, at least one senior Communist Party official has insisted that the threat of social instability is not serious and that the Party's "advanced education" campaign will allow Chinese leaders to address popular discontent. Statements by other Chinese officials have demonstrated that the government has not abandoned traditional means of social control to address social unrest, and that it prefers to focus on "advanced education" campaigns rather than address significant political, economic, and social problems that serve as the cause for unrest.

When the National People's Congress Standing Committee (NPCSC) first passed the law in August 2005, China's news media reported that NPCSC members placed great emphasis in their deliberations on balancing the maintenance of public order with the protection of human rights. Chapter 5 of the law sets forth new measures for supervising law enforcement, including the availability of disciplinary sanctions and even criminal liability for violations of human rights such as coerced confessions under torture or exceeding time limitations on interrogation. Despite these provisions, Chinese citizens who sent their views to a March 3 Voice of America program (in Chinese) analyzing the law continued to express distrust in law enforcement and doubts that new measures could effectively curb law enforcement abuses. One listener commented, "China's judicial and police officers all rely on self-discipline, and lack external and objective supervision, such as media supervision or supervision by the people. If it is not possible to put these two [types of supervision] into effect, reliance on self-discipline may lead to a certain level of effectiveness, but it will be difficult to ensure the fundamental rights of the people." Article 114 of the law urges public security officials to be "conscious and accepting of society's and the citizenry's supervision over them," but the law lacks any further measures providing a concrete mechanism for external supervision. Citizens may file complaints under Article 114, but the agency handling the complaint is obligated only to "handle [the complaint] in a timely manner, in accordance with the agency's duties."

For more information on controversy over the system of administrative punishments generally, see the CECC's earlier analysis of the Public Security Administration Punishment Law and information on Administrative Detention in Section III(b) of the CECC's 2005 Annual Report.