Abstract
This study examines the role of the People’s Armed Police (PAP) in Chinese policing. While the PAP has been in existence for over five decades, very little research has paid attention to the critical position that the PAP occupies in Chinese policing. The history of the PAP between 1949 and 1982 was highlighted by a number of changes in name and a constant change of direct control between the military and the public security. The PAP experienced a great expansion and became more stabilized in organizational structure and missions after 1983. While it is part of China’s military forces, the PAP is currently involved in a wide variety of law enforcement, order maintenance, and service activities. Its law enforcement function is carried out chiefly through preventive patrol in urban areas. The most important order maintenance function shouldered by the PAP is the disposition of mass incidents, which have increased dramatically in number and size and have become better organized over the past two decades. The Chinese government also often mobilizes the PAP to undertake emergency rescue and disaster relief tasks. The PAP will continue to be a critical force in the Chinese police system. Its leaders as well as the government should seek ways to improve the legitimacy of the force.
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Notes
We use the term People’s Armed Police or PAP since it is the most common term employed in studies published in English. Another common translation of the organization’s name is the Chinese Armed Police Force or CAPF, which is actually the official name/acronym for the force (China Yearbook 2005). One indeed can often see “CAPF” rather than “PAP” imprinted on the force’s equipment.
The exact number of the PAP is unknown since the PRC has stopped publishing police staffing figures since the early 1990s. The available recent sources of information suggest a PAP force of approximately one million (see Gao et al. 2003 and Tanner 2002). The number of PAP per capita is thus estimated at about 1.2 per 1,000 citizens. This ratio is in line with that of the People’s Police (China Today 2004).
Unless otherwise specified, the terms traditional police and regular police are used interchangeably in this study to refer to the People’s Police. The People’s Police are police in its typical sense. Like their Western counterparts, they undertake three major roles: law enforcement, order maintenance, and service. They fall into the category of executive authority and are led by the Ministry of Public Security under the State Council.
Key words used include police, armed police, military police, public security, people’s armed police, and national defense forces. These words were employed in all searches of Chinese and English databases.
Three general principles of handling sudden incidents are: (1) establishing the relationship between “fast” and “accuracy” (accurate intelligence, decision making, and execution of order are the bases of fast actions); (2) minimizing internal bureaucratic procedures; and (3) strengthening emergency preparedness. Specific tactics include: (1) enhancing the front-line troops’ capability of performing their duties; (2) identifying the makeup of all parties involved; (3) launching appropriate propaganda; and (4) reporting and handling the incident swiftly and flexibly.
The five military branches included army, navy, air force, anti-aircraft (artillery) forces, and public security forces.
The State Council is the Central People’s Government, the highest administrative unit in the country. It exercises direct control and oversight over the subordinate People’s Governments in the provincial level. The State Council has a tight interlocking relationship with the Communist Party and the military forces. The role it plays in leading and controlling the PAP is mainly through the Ministry of Public Security, one of the 29 ministries and commissions under the State Council.
The security work for the central leaders in Zhongnanhai is performed by the Central Security Bureau (CSB), which is similar to the U.S. Secret Service. The CSB has two main units: the Central Security Department and the central guards corps. The former provides personalized services to top leaders in selecting and managing their bodyguards and coordinating security arrangements with other relevant units, while the latter guards and protects central leaders’ residences, offices, conferences halls, and other sites for important events (see Li 1995, for a detail discussion of CSB).
Though the PRC was formally established in 1949, the Military Service Law was not promulgated until May 1984. It became effective on October 1, 1984. It was amended on December 29, 1998. The law has 12 chapters and 65 articles. It includes specific provisions with respect to enlistment in peacetime, the active and reserve service of soldiers and officers, the militia, military training for reservists and college and high school students, mobilization of troops in wartime, preferential treatment for active servicemen and placement of ex-servicemen, and punishment.
The Chinese Police Law was passed by the Stranding Committee of the National People’s Congress in 1995. Its 56 articles, which are grouped into eight chapters, cover specific issues such as police organizations, duties, recruitment, training, powers, disciplinary procedures, and citizen complaint mechanisms (for a detailed discussion of the law, see Ma 1997).
The law was adopted by the Second Session of the Fifth National People’s Congress on July 1, 1979 and enacted on January 1, 1980. Since that time, various amendments to the Criminal Procedural Law of China have been made. The latest amendment was made by the Fourth Session of the Eighth National People’s Congress on March 17, 1996, and went into effect in January 1997.
According to Yang, this power is exercised to ensure the adequate accomplishment of the PAP’s duties, minimize possible risk to and enhance the safety of protected targets, and to clarify the responsibility of on-duty officers if issues of accountability arise.
Article 46 of The Prison Law of People’s Republic of China stipulates that the People’s Police and the PAP may use weapons in accordance with State regulations only when criminals are gathering in a mob to riot, or when a criminal is escaping or resisting arrest, or committing violence or destruction with a lethal weapon or other dangerous object, thereby threatening the lives, property, or security of others, or engaging in robbery, or seizing a weapon, when no prevention is possible without the use of weapons.
Yang did not specify the type or nature of the “necessary coercive actions.” He only mentioned that the PAP has the right to take these actions to prevent the escalating of the event, protect the safety of all parties involved, and minimize the possible consequence resulting from the event.
The six evils are prostitution, selling women and children, gambling, narcotics, pornography, and superstition.
Statistics regarding law enforcement activity performed by the PAP were not consistently reported in China Yearbooks. For example, no such statistics were documented in yearbooks published between 1996 and 1999 or between 2001 and 2005. The inconsistency in the reporting of PAP statistics makes the comparison across years and activities impossible.
Public security has become a risky occupation in China. The average annual police deaths in the line of duty was 36 between 1949 and 1978, but skyrocketed to 450–500 in recent years (Tanner 2004). According to the MPS, police deaths were 443 in 2003, 476 in 2003, and 492 in 2004.
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Sun, I.Y., Wu, Y. The Role of the People’s Armed Police in Chinese Policing. Asian Criminology 4, 107–128 (2009). https://doi.org/10.1007/s11417-008-9059-y
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DOI: https://doi.org/10.1007/s11417-008-9059-y