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Legislation to Curb Police Power Abuse

Chinese lawmakers Monday called for more clauses in a draft law under deliberation to supervise the performance of police after a series of manufactured criminal convictions were discovered in recent months.

The draft law, governing offenses against public order, was submitted for the second deliberation to the ongoing 16th session of the 10th Standing Committee of the National People's Congress (NPC) from June 26 to July 1.

During Monday's deliberation, many lawmakers mentioned the shocking cases discovered by local media that several jailed or executed people were found innocent after the alleged victims reappeared.

"The law should not be just a tool of police to punish those committing minor illegal things. It should include more clauses to regulate police behavior," said Li Zhengyuan, member of the NPC Standing Committee.

When the draft was submitted to the top legislature for the first deliberation last October, many lawmakers criticized that the draft gives police too much power while it pays little attention to the supervision of law enforcement.

In response to the criticism of lawmakers, the latest draft adds a new charter of law enforcement supervision, stipulating that ten detailed inappropriate behaviors of policemen should be punished. The charter also makes clear that the police should compensate for citizen's loss due to their mistakes. Currently policemen just give their apology.

The new draft reduces the highest penalty from 5,000 yuan in the first deliberation to 1,000 yuan while all money penalties should be handed in to the treasury, instead of to police offices themselves.

The new draft limits police interrogations to no more than 12 hours, in an attempt to prevent police officers from forcing people to confess to crimes they have not committed.

The longest duration of detention also has been reduced from 30days to 20 days while all minors under 18, old people over 70 and women in pregnancy or in lactation can not be detained, according to the new draft.

"A clear time limit should be added in the clauses which ask the police to do something for the citizen, such as responding to the complaints and returning caution money," said He Yehui, member of the NPC Standing Committee.
 
(Xinhua News Agency June 28, 2005)

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