This page intentionally left blank L E G A L R E F O R M A N D A D M I N I S T R AT I V E DETENTION POWERS IN CHINA Using a new conceptual framework, the author examines the processes of legal reform in post-socialist countries such as China Drawing on Bourdieu’s concept of the ‘field’, the increasingly complex and contested processes of legal reform are analysed in relation to police powers The impact of China’s post-1978 legal reforms on police powers is examined through a detailed analysis of three administrative detention powers: detention for education of prostitutes; coercive drug rehabilitation; and re-education through labour The debate surrounding the abolition in 1996 of detention for investigation (also known as shelter and investigation) is also considered Despite over twenty years of legal reform, police powers remain poorly defined by law and subject to minimal legal constraint They continue to be seriously and systematically abused However, there has been both systematic and occasionally dramatic reform of these powers This book considers the processes which have made these legal changes possible s a r a h b i d d u l p h is Associate Director (China) of the Asian Law Centre at the University of Melbourne, where she has established the Law School’s Chinese law programme C A M B R I D G E S T U D I E S I N L AW A N D S O C I E T Y Cambridge Studies in Law and Society aims to publish the best scholarly work on legal discourse and practice in its social and institutional contexts, combining theoretical insights and empirical research The fields that it covers are: studies of law in action; the sociology of law; the anthropology of law; cultural studies of law; including the role of legal discourses in social formations; law and economics; law and politics; and studies of governance The books consider all forms of legal discourse across societies, rather than being limited to lawyers’ discourses alone The series editors come from a range of disciplines: academic law; socio-legal studies; sociology; and anthropology All have been actively involved in teaching and writing about law in context Series Editors Chris Arup Victoria University, Melbourne Martin Chanock La Trobe University, Melbourne Pat O’Malley Carleton University, Ottawa Sally Engle Merry Wellesley College, Massachusetts Susan Silbey Massachusetts Institute of Technology Books in the Series The Politics of Truth and Reconciliation in South Africa Legitimizing the Post-Apartheid State Richard A Wilson Modernism and the Grounds of Law Peter Fitzpatrick Unemployment and Government Genealogies of the Social William Walters Autonomy and Ethnicity Negotiating Competing Claims in Multi-Ethnic States Yash Ghai Constituting Democracy Law, Globalism and South Africa’s Political Reconstruction Heinz Klug The New World Trade Organization Agreements Globalizing Law through Services and Intellectual Property Christopher Arup The Ritual of Rights in Japan Law, Society, and Health Policy Eric A Feldman The Invention of the Passport Surveillance, Citizenship and the State John Torpey Governing Morals A Social History of Moral Regulation Alan Hunt The Colonies of Law Colonialism, Zionism and Law in Early Mandate Palestine Ronen Shamir Law and Nature David Delaney Social Citizenship and Workfare in the United States and Western Europe The Paradox of Inclusion Joel F Handler Law, Anthropology and the Constitution of the Social Making Persons and Things Edited by Alain Pottage and Martha Mundy Judicial Review and Bureaucratic Impact International and Interdisciplinary Perspectives Edited by Marc Hertagh and Simon Halliday Immigrants at the Margins Law, Race, and Exclusion in Southern Europe Kitty Calavita Lawyers and Regulation The Politics of the Administrative Process Patrick Schmidt Law and Globalization from Below Toward a Cosmopolitan Legality Edited by Boaventura de Sousa Santos and Cesar A Rodriguez-Garavito Public Accountability Designs, Dilemmas and Experiences Edited by Michael W Dowdle Law, Violence and Sovereignty Among West Bank Palestinians Tobias Kelly Law and Society in Vietnam The Transition from Socialism in Comparative Perspective Mark Sidel Legal Reform and Administrative Detention Powers in China Sarah Biddulph LEGAL REFORM AND ADMINISTRATIVE DETENTION POWERS IN CHINA Sarah Biddulph CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521869409 © Sarah Biddulph 2007 This publication is in copyright Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press First published in print format 2007 ISBN-13 978-0-511-37889-8 eBook (NetLibrary) ISBN-13 978-0-521-86940-9 hardback Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate For David BIBLIOGRAPHY de Gong’an (Discussion of Public Security with Chinese Characteristics), Kang, Damin (ed.), Beijing, Qunzhong Chubanshe (Masses Press), 12– 29 Ying, Songnian (ed.), (1992a) Xingzheng Fa yu Xingzheng Susong Fa Cidian (Dictionary of Administrative Law and Administrative Litigation Law), Beijing, Zhongguo Zhengfa Daxue Chubanshe (China University of Politics and Law Press) Ying, Songnian (ed.), (1992b) Xingzheng Fa Zhuanti Jiangzuo (Series of Lectures on Specialist Topics in Administrative Law), Beijing, Dongfang Chubanshe (Eastern Press) Ying, Songnian (ed.), (1993) Xingzheng Xingwei Fa: Zhongguo Xingzheng Fazhi Jianshi de Lilun yu Shijian 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Category of Re-education Through Labour, Supervision of Re-education Through Labour), Beijing, Zhongguo Jiancha Chubanshe (China Procuratorate Press) 476 INDEX abuse of power detention for investigation 333 police (public security organs) 276, 280–1, 312–3, 327, 361, 367 administration according to law 240–3, 365 balance theory 244–5 building basis of laws and rules 248–50 debates over purpose of administrative law 244–5 flexibility as problem of discretion 246–7 formalist approaches 243–4 redefining law and its values 250–6 constraining scope of MPS rule-making power 251–3 efforts by NPC to increase control over legislation 250–1 regularising rule-making 253–5 strengthening supervision over rule-making 255–6 rule of law administration 245–6 administrative detention powers 3–6, 94, 149, 358–62 conceptual framework of study 18–20 continuities and discontinuities between reform and pre-reform era 353–8 institutional mechanisms for policy and rule formation 356–7 significance of repetition with difference for possibilities for legal change 357–8 social order policy context 354–6 criticisms historical context 61, 62, 92 legal characterisation 8–9 ‘legal field’ concept and 57–8, 362–71 organisation of study 20–5 questions and hypotheses of study 12–18 recent history 7–8 see also individual topics administrative law, debates over purpose of 244–5 administrative litigation 294–5, 328, 329 decisions 312–14 independence in adjudication 314–18 jurisdiction 310 lawfulness of specific administrative act 297–8 lawyers and 303–5 parties applicant 298–303 respondent 303 Party leadership and 314–8 procedural issues 306–8 scope of litigation and accepting a case 295–7 social order policy and 314–18 withdrawal of applications 308–12, 327–30 administrative review 294–5, 318–20, 328, 329 decisions 325 jurisdiction of review organs 324–5 lawfulness and appropriateness of specific administrative act 321–2 procedures 322–4 scope of review 320–1 age limits, Re-education through Labour (RETL) and 206 Alford, William 18 Anti-Rightist Campaign 85, 86, 87, 92 arrest 64 asylums Bakken, Borge 100, 119, 126 balance theory 244–5 Baum, Richard 45 Beijing community organisations 112 crime in 132 drug campaigns in 79 prostitution in detention of prostitutes 74 eradication measures 71–2 Bonnin, Michel 51 Bourdieu, Pierre 19, 26, 27, 28, 29, 30, 32, 33, 35, 36–40, 41, 42, 55, 57, 94, 363, 364, 367, 369, 371 Campaign to Suppress Counterrevolutionaries 64–6, 67, 78, 81, 94, 128 477 INDEX Chen Jianfu 47 Chen Weiguo 297 Chen Yingchun 300 China Academy of Social Sciences (CASS), Law Research Institute 52 Chiu Hongdah 44 Christian groups 205 citizen complaints 279, 281, 288, 290–327 administrative litigation 294–5, 328, 329 applicant 298–303 decisions 312–14 independence in adjudication 314–18 lawfulness of specific administrative act 297–8 Party leadership and 314–18 procedural issues 306–8 respondent 303 scope of litigation and accepting a case 295–7 social order policy and 314–18 withdrawal of applications 308–12, 327–30 administrative review 294–5, 318–20, 328, 329 decisions 325 jurisdiction of review organs 324–5 lawfulness and appropriateness of specific administrative act 321–2 procedures 322–4 scope of review 320–1 expanding and regularising systems 291–4 letters and visits 290–1 citizen empowerment 326–7 coercive drug rehabilitation 5, 9, 121, 152, 153, 179, 192, 356 administrative review 294 legal basis 259, 262 management of detention centres and revenue raising 188–91 procedural regulation 269 procedures 187–8 regulation 185–6 targets 186–7 time limits 187 Cohen, Jerome collectivisation programme 86 Communist Party (CCP) 5, 20, 31, 41, 43, 54, 96, 192, 371 administrative litigation and 314–18 Central Committee (CCPCC) 10, 11, 31 Comprehensive Management of Public Order (CMPO) and 104, 107 strengthening leadership 109 detention for investigation and 335 drug addiction campaigns 78–9, 182 Hard Strike campaigns and 125, 128, 130, 132, 133 478 police and 225–7, 228, 230, 274, 363 Comprehensive Management of Public Order (CMPO) Committee 234–5 contest for control between MPS and local Party 238–9 Discipline Inspection Committee 286–7 enforcement policy 231–2 ideological leadership and professional ethos 236–8 individual interference in police work 239–40 organisation leadership over law enforcement 232–5 organisation leadership over public security organs 235 Political-Legal Committee 232–4 supervision 284 prostitution eradication campaigns and 161, 165, 173 Re-education through Labour (RETL) and 82–4, 87, 88, 89, 90, 194, 195, 209 reforms 341 registration and control of politically suspect and campaigns against counter-revolutionaries 63, 64–6 ‘Six Evils’ campaign and 137, 162 socialist spiritual civilisation and 105, 118 unauthorised migration from rural areas and 91 community organisations 111–14 mutual surveillance 90 policing and 110, 115 Re-education through Labour (RETL) and 210–11 social disorder programmes and 67 social help and rescue for drug addiction 180–1 compensation 284, 325 complaints see citizen complaints Comprehensive Management of Public Order (CMPO) 95, 103–5, 106, 107–9, 150, 177, 194, 234–5, 287, 354, 369 prostitution and 157 strengthening leadership 109 conceptual framework of study 18–20 Constitution of China (1982) 96, 248, 251, 266, 336, 342, 343 continuities and discontinuities between reform and pre-reform era 353–8 institutional mechanisms for policy and rule formation 356–7 significance of repetition with difference for possibilities for legal change 357–8 social order policy context 354–6 contradictions, theory of 68–70, 104, 144–5, 355 control measures 65–6 INDEX Cooney, Sean 34 corruption 97, 98, 99, 237, 239–40 police 276 counter-revolutionaries 62 Campaign to Suppress Counterrevolutionaries 64–6, 67, 78, 81, 94, 128 Re-education through Labour (RETL) and 205–6 registration of 63 courts People’s Courts Hard Strike campaigns and 129 Supreme People’s Court (SPC) 54, 317, 329 administrative litigation and 300, 303, 306, 307 detention for investigation and 336 legal basis of administrative detention powers and 258 see also administrative litigation crime 62, 354 characterisation of 96–7 contemporary problems 98–103 high tides of 107 international comparisons 100 prevention 108, 114, 119 punishment 103, 122, 123 death penalty 103 security defence punishment 345–8, 350 see also fines; Hard Strike campaigns specialist struggles and concerted action against 135–6 criminal justice system Cui Ming 144 Cultural Revolution 31, 41, 110 Re-education through Labour (RETL) and 90 damages 326 death penalty 103 decisions administrative litigation 312–14 administrative review 325 supervision of RETL decision 279–80, 281 Deng Xiaoping 3, 44, 99, 123, 124, 126, 127, 128, 144, 225, 355 detention centres 130 detention powers see administrative detention powers dictatorship 69, 124, 125–7 discretion, flexibility as problem of 246–7 disillusionment 326–7 Dowdle, Michael 53 drug addiction 8, 66, 93, 118 coercive drug rehabilitation 5, 9, 121, 152, 153, 179, 192, 356 administrative review 294 legal basis 259, 262 management of detention centres and revenue raising 188–91 procedural regulation 269 procedures 187–8 regulation 185–6 targets 186–7 time limits 187 drug free communities 181 Re-education through Labour (RETL) and 181, 188, 196, 202 re-emergence of problems after 1970s 177–9, 191 registration of drug users 77, 80, 179–80 social help and rescue 180–1 strategies against 76–81, 92, 354 Dutton, Michael 14, 15, 66, 67, 116, 355 economic crimes 99 economic modernisation programme 3, 39, 94, 226, 369 inequalities and 97 legal system and 46–51 social changes and 94 education 61, 118–20 detention for 5, 9, 359 administrative review 294 legal basis 258–9 procedural regulation 268 prostitutes 74–6, 121, 152–3, 160–2, 165, 359 work-study schools 6, 121 see also Re-education through Labour (RETL) empowerment 326–7 ethnic minorities 196, 206 evidence administrative litigation 306 detention for prostitutes and 172 Falun Gong 196, 205, 224, 305 feudal superstitions 202 fines 356 drug users 192 prostitution 176 flexibility as problem of discretion 246–7 forced labour 81, 89 see also Re-education through Labour (RETL) formalist approaches 277 administration according to law and 243–4 Fu Hualing 97, 113 gambling 202 Gao Kefeng 311 Geng Weijun 296 Goldsmith, Andrew 56 479 INDEX governance, law as basis for 240–7 Great Leap Forward 10 Gu Angran 338 Gu Xin 52 Guangdong drug addiction campaigns 182 eradication measures against prostitution in 160 Hard Strike campaigns 10, 15, 49, 95, 99, 121, 150, 224, 233, 315, 355, 357 administrative detention and 139–41 as antithetical to legal norms 145–8 campaign of 1983–7 127–32, 141, 149 background 124, 125–7 debates on continuing emphasis on ‘Hard Strike’ 141–3 as method of dealing with antagonistic contradictions 124–5 police supervision in 286 prostitution and 157, 160, 163–5, 173, 176 Re-education through Labour (RETL) and 139, 140, 206, 208–10 subsequent campaigns (1996 and 2001–3) 132–5 theory of contradictions and 144–5 Harding, Harry 105 Harmonious Society policy Hawes, Colin 53 Henriot, Christian 75, 76 Herschatter, Gail 76 HIV/AIDS 155, 172, 177 Hong Kong 40 household registration 63, 90–1 Hu Yaobang 121 Huang Jie 291 Human Rights Watch 206 hypotheses of study 12–18 independence in adjudication 314–18 inequalities informants 115 Internal Affairs Ministry 78 investigation, detention for 6, 8, 10–12 debates about reform or abolition 335–8 demise of 332–40 ‘Hard Strike’ campaigns and 139 incorporation into CPL and ongoing interpretations 338–40 legal basis 334–5 problems with 332–4 supervision of 287 use of RETL for investigation 204 Islam 206 Jayasuriya, Kanishka 47 Jeffreys, Elaine 70, 155 480 Jiang Bixin 308 Jiang Zemin 4, 54, 241, 317 Johnson, E H 236 Jones, Carol 39, 40 judges 56 judicial assistants 113 jurisdiction administrative litigation 310 administrative review 324–5 juvenile offenders, training for Kahn-Freund, Otto 34 Keith, Ronald 32, 50, 53 Kirkby, R 91 labour disputes 97 law, rule of see rule of law lawyers 56 administrative litigation and 303–5 Lee, Tianfu 14, 15, 116 legal basis of administrative detention powers 272, 297, 321–2, 358–60 Administrative Litigation Law 257–60 Administrative Punishments Law 260–4 beginnings 256–7 coercive drug rehabilitation 259, 262 constitutionality of administrative detention powers 266 detention for education 258–9 detention for investigation 334–5 legalisation of detention powers 358–60 legalisation of environment 360–2 legality of administrative detention powers 265–6 Legislation Law 264–5 Re-education through Labour (RETL) 260, 263 ‘legal field’ concept 19, 27–30, 362–71, 372 actors 365–6, 371 adaptation to Chinese context 40–3 administrative detention and 57–8 boundaries of the field 30–2, 364–5, 371 Bourdieu’s use of Weber’s view of legal domination and legitimation 36–40 competition over establishment of legal norms 365–6 emergence of legal field 363–4 functioning 368–71 growing force of law 366 legal production and legitimation 35–6 limits to force of law 367–8 relative autonomy of legal field 32–5 legal reform see reforms legal service offices 113 legal system 3, 13, 18–20, 26–7 actors 55–7 INDEX changing nature of legal instrumentalism 43–55 economic reform period 46–51 revolutionary and bureaucratic justice 1949–79 44–5 rule of law 51–5 socialist legality 45–6 disillusionment with 326–7 ‘Hard Strike’ campaigns antithetical to legal norms 145–8 see also administration according to law legislating powers building basis of laws and rules 248–50 redefining law and its values 250–6 constraining scope of MPS rule-making power 251–3 efforts by NPC to increase control over legislation 250–1 regularising rule-making 253–5 strengthening supervision over rule-making 255–6 Leng Shaochuan 44 leniency policy 64, 78 letters and visits system of complaints 290–1 Li Jinsheng 311 Li Lianjiang 326 Li Peiyao 132 Li Peng 135 limitation periods administrative litigation 306 administrative review 322 Re-education through Labour (RETL) 217–18 Lin Zhiqiu 32, 50, 53 litigation see administrative litigation Liu Fuzhi 128 Liu Shaoqi 87 Liu Zhihua 155 Lo, Carlos Wing-Hung 47 local government administrative litigation and 316 police and 238 supervision of police and 287–90, 329 local mediation 112–14 Lubman, Stanley 45, 49 Luo Gan 137 Luo Ruiqing 62, 64, 72, 80, 84 Lynch, Daniel 120 Ma Dandan 172 Ma Weigang 80, 93 McBarnet, Doreen 56 McCormick, Barrett 38 Mao Zedong 61, 68, 69, 70, 104, 105 mass incidents see protests (mass incidents) mass-line of policing 68, 110, 114–16, 236 mediation 112–14, 308 migration, unauthorised migration from rural areas 10, 91–2, 99 Ministry of Justice 113 constraining scope of MPS rule-making power 251–3 Ministry of Public Security (MPS) 11, 20, 53, 62, 123, 192, 272, 366, 368 administration according to law and 242, 244 administrative litigation and 302, 307, 312 administrative review and 318–20, 321, 322, 323 detention for investigation and 333, 334, 337, 339, 340 drug addiction campaigns 79, 177, 179, 180, 183, 186, 188, 189–90 ‘Hard Strike’ campaigns and 131, 140 legal basis of administrative detention powers and 258, 260, 262, 264, 265 police and 229, 230, 238–9 prisons and 67 procedural requirements and 269 prostitution eradication campaigns and 156, 162, 166, 167, 170, 171, 173 Re-education through Labour (RETL) and 89, 90, 195, 197, 198, 200, 210, 213, 214, 215, 349, 360 registration of designated groups and 116 ‘Six Evils’ campaign and 137, 138, 183, 201 supervision of police and 278, 280–6, 287, 328, 366 legal division 284–6 as means of controlling local abuses 280–1 Public Security Supervision Committee 282–4 Ministry of Supervision 286–7 minorities 196, 206 modernisation economic modernisation programme 3, 39 legal system and 46–51 legal system and 38, 40 National People’s Congress (NPC) 53 detention for education and 359 drug addiction campaigns and 185 efforts to increase its control over legislation 250–1 ‘Hard Strike’ campaigns and 129 legal basis of administrative detention powers and 256, 259, 264, 273 police and 228 prostitution eradication campaigns and 168–9, 170, 173 Re-education through Labour (RETL) and 85, 194, 342, 344, 345 481 INDEX National People’s Congress (NPC) (cont.) Standing Committee (NPCSC) 11, 52, 53 supervision of police and 287–90 O’Brien, Kevin 97, 326 Parsons, Talcott 37 Peerenboom, Randall 16, 304 Pei Minxin 41, 54, 304, 310, 326 Peng Zhen 49, 71, 72, 96, 123, 124, 128, 129, 147, 194, 226, 231, 232, 233, 240, 275, 314–15 people’s communes 86 People’s Courts ‘Hard Strike’ campaigns and 129 People’s Procurate police (public security organs) 3, 4, 8, 14, 56–7, 95, 223–4, 272, 368 abuse of power 276, 280–1, 312–13, 327, 361, 367 administrative litigation and 310, 311, 315 community organisations and 110, 115 corruption 276 crime and 100, 102, 107 detention powers see administrative detention powers drug addiction campaigns and 180, 191 ‘Hard Strike’ campaigns and 127, 128, 129, 141, 142–3 household registration and 91 informants 115 local mediation and 113 mass-line of policing 68, 110, 114–16, 236 Party leadership over 225–7, 230, 274, 363 Comprehensive Management of Public Order (CMPO) Committee 234–5 contest for control between MPS and local Party 238–9 Discipline Inspection Committee 286–7 enforcement policy 231–2 ideological leadership and professional ethos 236–8 individual interference in police work 239–40 organisation leadership over law enforcement 232–5 organisation leadership over public security organs 235 Political-Legal Committee 232–4 supervision 284 prostitution eradication campaigns and 154, 155, 166, 173, 191 protests and 98 Re-education through Labour (RETL) and 212 reforms 227 People’s Police Law 1995 228–30 482 political boundaries 225–7 ‘Six Evils’ campaign and 136 social order powers 109–23 administrative powers 120–3 regulation and education 109–20 supervision see supervision of police political targets, Re-education through Labour (RETL) 205–6 pornography 137 Potter, Pitman 41, 205, 232, 233 prevention of crime 108, 114, 119 prisons 67 procedures administrative litigation 306–8 administrative review 322–4 coercive drug rehabilitation 187–8 detention of prostitutes 171–3 procedural requirements 273 importance of procedural regularity 267–8 next steps 269–71 strengthening of procedural regulations 268–9 Re-education through Labour (RETL) changing examination and approval procedures 210–11 problems with approval process 214–15 public security organs examination and approval 211–14 recent reforms 215–17 professors of law 55 proportionality principle 147 prostitution 8, 66, 93 definition 168–9 detention of prostitutes 92, 141, 157, 191, 356 detention for education 74–6, 121, 152–3, 160–2, 165, 359 legal basis 258–9 legal elasticity 173–6 procedural regulation 268 procedures 171–3 regulation 165–7 targets 167–70 time limits 170 eradication measures 70–3, 156–8, 354 Beijing 71–2 concerted action against ‘Yellow Evils’ and ‘Six Evils’ 1989–90 162–3 ‘Hard Strike’ campaigns 157, 160, 163–5, 173, 176 Shanghai 72–3 specialist struggles against prostitution from 1986 160–2 fines 176 Re-education through Labour (RETL) and 157, 201–2 INDEX re-emergence in 1970s 153–5, 191 sexually transmitted diseases (STDs) and 72, 75, 155, 156, 158, 159, 172 protests (mass incidents) 97–8, 120 Re-education through Labour (RETL) targeting protesters 205–6 public opinion, crime 103 public security organs see police punishment 103, 122, 123 death penalty 103 security defence punishment 345–8, 350 see also fines; ‘Hard Strike’ campaigns questioning, detention for rationality 36, 37, 40 reactionary elements see counter-revolutionaries; rightists Re-education through Labour (RETL) 5, 8, 9, 92, 121, 122, 193–4, 218–19, 315, 349, 354, 357, 360–2 administrative litigation on 297, 307, 312 administrative review 294, 320 controlling scope since 1961 87–90 detention for investigation and 334 development 81–4 drug addiction and 181, 188, 196, 202 ‘Hard Strike’ campaigns and 139, 140, 206, 208–10 legal basis 260, 263 legislative basis and expansion from 1957 85–7 limitation and time limits 217–18 procedures changing examination and approval procedures 210–11 problems with approval process 214–15 public security organs examination and approval 211–14 recent reforms 215–17 prostitution and 157, 201–2 reforms 215–17, 341–5, 350 legislation 343–5 proposals 342–3 reinvigoration after 1979 194–5 supervision of decision 279–80, 281 targets 195, 356 age limits 206 consolidation of 207–8 expanding geographical limits 203–4 expanding scope of targets from 1980 196–8 minor offences 198–201 political targets and protesters 205–6 social evils 201–3 use of RETL for investigation 204 re-education through labour law 343–5 reforms 372 administrative detention powers 331–2, 350, 353, 370 creation of security defence punishment 345–8, 350 detention for investigation 332–40 law as forum of debates about 340–1 ongoing legislative reform 348–50 Re-education through Labour (RETL) 215–17, 341–5, 350 police (public security organs) 227 People’s Police Law 1995 228–30 political boundaries 225–7 see also economic modernisation programme registration designated groups 116–18, 355 drug users 77, 80, 179–80 households 63, 90–1 prostitutes 156 regulation coercive drug rehabilitation 185–6 detention of prostitutes 165–7 procedural 268–9 Re-education through Labour (RETL) 341 social order powers 109–20 see also supervision of police repatriation, detention for 6, 331 review see administrative review revolutionary justice 44–5 rightists, Re-education through Labour (RETL) for 85, 92 Ruan Chongwu 131 rule of law 51–5, 357, 361 administration according to law 240–3, 365 balance theory 244–5 building basis of laws and rules 248–50 debates over purpose of administrative law 244–5 flexibility as problem of discretion 246–7 formalist approaches 243–4 redefining law and its values 250–6 rule of law administration 245–6 law as basis for governance 240–7 security defence punishment 345–8, 350 sexually transmitted diseases (STDs) drug addiction and 177 prostitution and 72, 75, 155, 156, 158, 159, 172 Shanghai, prostitution in detention of prostitutes 74–5, 141, 158–9 eradication measures 72–3, 163 ‘Six Evils’ campaign 136–9, 162, 163, 183, 201, 208 social changes 94, 96 483 INDEX social disorder 4, 7, 61, 96, 97–8, 354 developing approaches to deal with 62–70 conceptual structure 68–70 registration and control of politically suspect and campaigns against counter-revolutionaries 63–8 social help and rescue, drug addiction 180–1 social order powers 109–23, 149, 326–7, 354–6, 357 administrative litigation and 314–18 administrative powers 120–3 institutional processes 356–7 regulation and education 109–20 socialist legality 45–6 socialist spiritual civilisation 105–7, 118 Soviet Union 45 State Council 10 Sun Zhigang 332 superstitions 202 supervision of police 275–7, 366 Discipline Inspection Committee 286–7 initiated by citizen complaint 279, 281, 288, 290–327 administrative litigation 294–5, 328, 329 administrative review 294–5, 318–20, 328, 329 expanding and regularising systems 291–4 letters and visits 290–1 Ministry of Public Security (MPS) 287, 328 legal division 284–6 as means of controlling local abuses 280–1 Public Security Supervision Committee 282–4 Ministry of Supervision 286–7 NPC and local people’s congresses 287–90, 329 strengthening 277–80 supervision of police and, Ministry of Public Security (MPS) 278, 280–6 supervision over rule-making 255–6 Suppression of Drugs Office 78 Supreme People’s Court (SPC) 54, 317, 329 administrative litigation and 300, 303, 306, 307 detention for investigation and 336 legal basis of administrative detention powers and 258 surveillance 90 Tamanaha, Brian 38 Tanner, Harold 108, 126, 128 Tanner, Murray Scot 53, 54, 234 targets coercive drug rehabilitation 186–7 detention of prostitutes 167–70 484 Re-education through Labour (RETL) 195, 356 age limits 206 consolidation of 207–8 expanding geographical limits 203–4 expanding scope of targets from 1980 196–8 minor offences 198–201 political targets and protesters 205–6 social evils 201–3 use of RETL for investigation 204 Terdiman, Richard 29 time limits administrative litigation 306 administrative review 322 coercive drug rehabilitation 187 detention of prostitutes 170 Re-education through Labour (RETL) 217–8 Trevaskes, Susan 134 Trubek, David 27, 33, 39, 42, 46, 56 Turner, Karen 244 vagrancy 66, 91, 99 Wacquant, Loic 43 Wang Feiling 117 Wang Shouye 155 Weber, Max 36–40 Wen Jiabao 332 Winkler, Edwin A 14 work programmes 65 work-study schools 6, 121 Xiao Yang 68, 145 Xie Chuanyu 169 Xin Chunying 53 Xu Xianming 345 Yang Hongtai 135–6 Ye Jianying 71 ‘Yellow Evils’, campaign against 162 Ying Songnian 313 young people crime/disorder and 97, 99, 120 Re-education through Labour (RETL) and 206 Yu Xingzhong 45 Yunnan, drug addiction campaigns 182, 183 Zhang Qiong 136 Zhou Enlai 90 Zhou Yongkang 227, 327 Zhu Rongji 241, 248 ... 1: Introduction and conceptual framework The problems of legal reform of police administrative detention powers Introduction The administrative detention powers Legal reform of administrative detention. .. LEGAL REFORM AND ADMINISTRATIVE DETENTION POWERS IN CHINA Sarah Biddulph CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo Cambridge University Press. .. economic reform and modernisation and to reconstruct the legal system Petracca and Mong, 1990: 1101–2 LEGAL REFORM AND ADMINISTRATIVE DETENTION POWERS IN CHINA was premised on order and stability,4