The Police Legitimacy Crisis and Police Law Reform in China: Part II
| Published date | 01 March 2005 |
| Author | Kam C. Wong |
| DOI | 10.1350/ijps.7.1.1.63487 |
| Date | 01 March 2005 |
| Subject Matter | Article |
The police legitimacy crisis and police law
reform in China: Part II
Kam C. Wong
Clow Faculty 408, 800 Algoma Blvd, University of Wisconsin-Oshkosh, Oshkosh,
Wisconsin 54901, USA. Tel: 920–424–7304; email: wong@uwosh.edu
Received 2 August 2003; Revised and accepted 1 April 2004.
Kam C. Wong is Associate Professor in the
using political, historical and doctrinal material.
Department of Public Affairs, University of Wis-
This second part details and discusses the direc-
consin (Oshkosh). He is a former police officer
tion, promulgation, actualisation and concluding
who teaches homeland security; is president of
observations of PRC police law reform.
the Asian Association of Police Studies and was
a media consultant for CNN and others on terror-
ism and security issues in Hong Kong.
INTRODUCTION
Editorial note: This article follows the contempo-
From 18 to 22 December 1978 the Elev-
rary academic convention of rendering Chinese
enth Central Committee of the Communist
words and phases phonetically, using the Eng-
Party of China (CCCP) held its third ple-
lish alphabet (pinyin). Readers seeking these
nary session. Under the leadership of Deng
words in their Chinese alphabetical form should
Xiaoping, the People’s Republic of China
contact the author direct.
(PRC) embraced modernisation by way of
economic reform and market opening
(CCCP, 1978). The reform movement
ABSTRACT
changed China socially, politically, econom-
In 1978 the third plenary session of the Eleventh
ically, and culturally (Burton, 1990). The
Central Committee of the Communist Party of
gongan or public security is a part of that
China (CCCP) set a new course of development
transformation process (Wong, 1996). Dur-
for China, ie modernisation by way of economic
ing the last 22 years, the public security
reform and market opening. The reform move-
apparatus has changed its role and functions,
ment changed China socially, politically, econom-
ically, and culturally. The gongan or public
core values and leadership, organisation
security is a part of that transformation process.
structure and process, management philoso-
This article is a first attempt to investigate and
phy and operational procedures (Wong,
report upon PRC police law reform effort —
2002).
objectives, process and result — since 1978. In
This article is a first attempt to investigate
so doing, the article catalogues the past, describes
and report upon PRC police law reform
the present, and speculates upon the future. The
efforts since 1978 — objectives, processes
paper argues that police law reform in China is a
and results — with a focus on more recent
reaction to a growing police legitimacy crisis
developments, ie PRC Police Law of 1995.
attenuating police-public relationship.
In so doing, the article catalogues the past,
International Journal of Police
Science and Management,
In the first part of this article (Wong, 2004)
describes the present, and speculates upon
Vol. 7 No. 1, 2005, pp. 1–14.
© Vathek Publishing,
the case was made for police law reform in China
the future. The examination of police law
1461–3557
Page 1
The police legitimacy crisis and police law reform in China
reform tells a story of how the PRC police
in this article and speculates upon the future
has come to reinvent itself through law.
of the law reform movement in China.
This research represents a continued
effort to build up an accessible English
literature on PRC policing for China-
THE DIRECTION AND NATURE OF
bound criminal justice students and/or
POLICE LAW REFORM
comparative police scholars. The research
findings reported herein should facilitate
Introduction
meaningful sharing of experiences, make
One of the best ways to ascertain the direc-
possible creative cross-pollination of ideas,
tion and nature of the PRC law reform
and contribute to genuine cross-cultural
movement after 1979 is through a compar-
understanding of police philosophy, theory
ative study of Arrest Regulations (1954) and
and practice.
Arrest Regulations (1979), in the context of
This research is organised into the fol-
ther PRC’s constitutional developments.
lowing sections, to be published in two
The constitutional developments (1949,
issues. In the first article, Part I, Wong
1954, 1975, 1982) are shown graphically in
(2004) was devoted to making a case for
Table 1. Both of these sets of regulations
police legal reform, ie the increase in public
were adopted at a time when the PRC
political leadership felt a need for state
resistance to and defiance of police in the
reform and social reconstruction. Both sets
reform era speaks to an erosion of police
of regulations were driven by a dominating
legitimacy calling for police legal reform;
ideology of the past and a compelling vision
provided a brief overview of police legal
for the future. Both have to come to terms
development since 1949; traced the ideas
with the problems and concerns with
and ideals of current police law reform
which they are confronted. However, in
movement to Peng Zhen, a revolutionary
spite of shared convictions and common
communist some 50 years ago; introduced
drives, the two sets of regulations registered
the doctrine of yifa zhijing which informs
important and discernible differences in
and drives the current police law reform;
content sufficient to reflect the disparate
and provided a brief summary of PRC
paths taken by the PRC police reformers in
police law reform.
approaching the task in hand of police
In this article, Part II, after a brief intro-
reform.
duction, the section entitled ‘The Direction
and Nature of Police Law Reform’ seeks to
Arrest Regulations compared: 1954 vs
capture the direction and nature of police
1979
law reform with a comparison of Police
The Arrest Regulations (1954) were origi-
Regulations (1954) and Police Regulations
nally promulgated by the Standing Com-
(1979). The section entitled ‘The Promulga-
mittee of the first National Peoples
tion of the Police Act of 1995’ describes the
Congress (NPC) at its third meeting on 20
effort to bring PRC police rules and reg-
December 1954. The main purposes of the
ulations under one comprehensive and inte-
law were to secure the revolution and attack
grated structure. ‘The Actualisation of
the enemies (counter-revolutionaries, spies
Police Legal Reform’ discusses the measures
and criminal elements).
taken to supervise the police with law.
The Arrest Regulations (1954) were
Finally, ‘Some Concluding Observations:
abandoned during the Lin Biao and ‘gang of
What Has Been Achieved and What Lies
four’ period when the criminal justice sys-
Ahead?’ summarises the observations made
tem was completely destroyed. During that
Page 2
Wong
Table 1: Comparative study of role and functions of PRC Constitutions
1949
1954
1975
1982
Historical context
China liberated
Revolution
Cultural revolution
China
secured
in progress
modernisation
reform beginning
National needs
Political
Socialist state
Ideological struggle
Political order
consolidation
construction:
Social purification
• institutional
Social stability
building
• economic
Economic
planning
development
Nature of
Affirming
Providing a blue-
Political manifesto:
Constitutional
constitution
revolutionary
print for state
framework of
achievements
construction
• declaring
government
political identity
Liberating people’s
spirit
• instilling political
order
Defining a vision
of the future
• affirming
political ideology
Limitations to
Ideological control
Party discipline
Party policy
Constitutional
power
and
and administrative
and
supervision
political
supervision
self-discipline
and
supervision
rule of law
time (1966 to 1976) party policy took the
(1954) Article 11 referenced Article 89 of the
place of law, and mass campaigns stood for
PRC Constitution (1954) and Arrest Regu-
criminal justice process. This unfortunate
lations (1979),2 Article 1 also referenced
change of events led to a gross abuse of
Articles 18 and 47 of the PRC Constitution
power and untold numbers of unjustly,
(1978, as amended in 1982). However,
falsely and wrongly decided cases (‘yuan, jia,
viewed in historical context, there are sub-
cuo an’) (Zhao, 1990, p. 89–99).
stantial differences in the two sets of regula-
The Arrest Regulations (1979) effectively
tions’ respective approaches to constitutional
replaced the Arrest Regulations of 1954
supervision of police powers and protection
(Zhonghua renmin gongheguo falu quanshu
of people’s rights.
editorial committee, 1989: 88). The Arrest
Regulations (1979) were adopted to correct
An affirmation of constitutional
the mistakes of the lawless years (1966
supervision of police powers
to 1976), providing the police with law to
The Arrest Regulations (1954) were built
follow in fighting crime and maintaining
upon a ‘yeast constitution’. After the PRC
order.
was established, the new country needed a
On their face, the Arrest Regulations
‘yeast constitution’ to liberate human spirit
(1954 and 1979) were both administrative
and ferment its growth, not a ‘structuring
codes giving force and effect to the mandate
constitution’ to restrict state power and
of the Constitution, eg Arrest Regulations
dampen revolutionary spirit (Guan, 1983,
Page 3
The police legitimacy crisis and police law reform in China
pp. 3–12). This view of the early PRC
In theory, the common welfare of the
constitution has led a critical western legal
state subsumes the entire spectrum of indi-
scholar to observe:
...
To continue reading
Request your trial