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Arrest as punishment

The abuse of arrest in the People's Republic of China

School of Law, Tsinghua University, PRC

In analyzing the law concerning arrest, this article demonstrates that even though China's law of criminal procedure prescribes strict requirements, these legal prescriptions are not strictly upheld in practice. The abuse of arrests is common. Most notably, the use of arrest as punishment is the primary form of abuse inflicted by law enforcement. Reasons for such abuse include misunderstandings of the law, the prevalence of crime-control oriented values, and flaws in checks-and-balances mechanisms. Reduction of such abuses will entail a proper understanding of the law, the achievement of gradual ideological change, and the step-by-step reestablishment of checks and balances.

Key Words: abuse of arrests • China • crime control • punishment

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