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2007 Assessment

China: Integrity Indicators Scorecard

China: Integrity Scorecard Report > Sub-Category: Law Enforcement
Indicators		Score
80	Is the law enforcement agency (i.e. the police) effective?	42
81	Can law enforcement officials be held accountable for their actions?	54

Indicator and sub-Indicator Details

Is the law enforcement agency (i.e. the police) effective?

80a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria.

Score:

100

Comments:

References: 1): Judicial Examination Is Needed for Entering the Law Profession, Shanxi Evening News, Aug. 19, 2005 [ LINK ]

2): Zhang Yue "The Independence of Judges Needs Addressing", Liao Wang Dong Fang, July 6, 2005

3): Lin Tianfa "On Weakening the Politization and Returning of Nature of Judicial Power", The Journal of Fujian Institute of Political Science and Law, Vol.7 No.1 P.15-19, 2006

80b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a budget sufficient to fulfill its basic mandate. <p>50 Score Criteria: The agency (or agencies) has limited budget, generally considered somewhat insufficient to fulfill its basic mandate. <p>0 Score Criteria: The agency (or agencies) has no budget or an obviously insufficient budget that hinders the agency\'s ability to fulfill its mandate.$

Comments:

References: 1): Wang Limin "The Courts Budget Should Be Covered by the Central Government", Law Daily, March 8, 2007 [ LINK ]

2): Zhu Guangyu, Ji Qing, 2006 WTO and Independence of Administrative Judicial System in China No. 1

80c: In practice, the law enforcement agency is protected from political interference.

Score:

100

Comments:

References: 1): Yu Songlin "Discussion on Judicial Independence And Its Targets", Journal of Ankang Normal University, No. 1, 2004

2): Jonathan Watts "Mao Casts Long Shadow over China", The Guardian, May 16, 2006

Peer Review Comments: Law enforcement agencies have no independence at all from the CPC.

Can law enforcement officials be held accountable for their actions?

81a: In law, there is an independent mechanism for citizens to complain about police action.

Score:

YES

Comments: Citizens can complain by dialing 110, and the complaints will be forwarded to various levels of the Police Inspectorate. The biggest problem is that this agency is not independent, but affiliated with the Public Security Bureau.

References: There is no such independent mechanism

Peer Review Comments: Chinese citizens have two ways to file complaints about police action when their personal rights have been infringed upon. They can file lawsuits and settle their complaints in courts or they can report their complaints to a local supervisory organ or to a higher-level supervisory organ. Supervisory organs are organs that exercise the function of supervision on behalf of the people's governments, supervising administrative organs and public servants of the State and other persons appointed by administrative organs of the State.

Suggested other references 1. Administrative Procedure Law of the People's Republic of China [ LINK ] 2. Law of the People's Republic of China on Administrative Supervision [ LINK ] 3. Implementing Regulation for the Law of the People's Republic of China on Administrative Supervision [ LINK ]

81b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period.

Score:

100

Comments:

References: 1): Wang Keqing, Liu Sikun "1,359 Complaints in the Past Six Years from Yongquan Village, Daqing" China Rural Areas Research Network Working Paper, 2007 [ LINK ]

2): A comment made by Prof. Sun Liping on complaints [ LINK ]

81c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials.

Score:

YES

Comments:

References: Supreme People's Prosecutor's Office of the People's Republic of China, established by Constitution

Peer Review Comments: The Chinese media seldom reports of law enforcement officers being punished for corruption.

Peer Review Comments: People's Procuratorates consist of the Supreme People's Procuratorate and local People's Procuratorates at various levels.

81d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials.

Score:

100

Comments:

References: 1): "Baoshan District Prosecutor Initiates Investigations into One State-Owned Coal Field" Long Jianwang, June 10, 2006 [ LINK ]

2): "Prosecutor Investigates Ministry-Level Officials" The Beijing News, March 21, 2006 [ LINK ]

Peer Review Comments: The agency will never take on politically powerful individuals without a nod from the CPC.

81e: In law, law enforcement officials are not immune from criminal proceedings.

Score:

YES

Comments:

References: Chapters 8 and 9 of the Criminal Law of People's Republic of China

81f: In practice, law enforcement officials are not immune from criminal proceedings.

Score:

100

Comments:

References: 1): "From Protector to Criminal" The Beijing News, June 30, 2006 [ LINK ]

2): "The Deputy Head of Fuyang Court Was Indicted" Xinhua News Agency, July 17, 2006 [ LINK ]