~DECEMBER 1998~

China's Public Security Control in the Local Level

Economic reform in China has been launched for twenty years. As the planned economy has gradually faded out, a new economic structure composed of different kinds of economic ownership has emerged. However, the new economic development must be complemented by a comprehensive legal reform in which individual basic rights will be fully protected. In the last two years, the Chinese authorities endorsed both the International Covenant of Civil and Political Rights and the International Covenant of Economic, Social and Cultural Rights. It means that the Chinese authorities recognize the universality of human rights and are under the monitoring by the international communities.

Regarding legal affairs, the Chinese authorities have passed many laws and tried to reform the existing juridical system to meet the needs of economic development and international trade. In fact, a comprehensive legal reform is also an important step for China to move towards a civil society.

However, rapid marketization not only marginalizes the planned economy out, but also weakens the central government's control on local affairs. Social control led by the central government has almost collapsed in the local level, especially in the coastal areas where economic development blossomed up. New evil power has emerged in many cities. Worse, without strong monitoring by the central government, local security groups have become less disciplined and become a part of local evil power. It has gradually generated a big obstacle to the rule of law in China.

To strengthen social control, the mass line policy has been strongly advocated in the public security system since the Communist Party took up the power in 1949. The mass line policy means that common people are absorbed in the public security control system. In the local level, even down to an enterprise or a village, some people will be chosen to set up security protection committees (SPC). They are under the supervision of local public security bureau (PSB). SPC members are authorized to manage local security affairs and to check and report suspected people to police in their areas. In fact, it is not only a kind of police system, but rather a social control system down to grassroots level to maintain social stability and to prevent social unrest. It is especially effective to stop any anti-government movements.

Although laws clearly limit SPCs the power on law-execution, weak monitoring from the police leaves space for SPC members to create their own kingdoms. Illegal excess of authority on law enforcement and violation of human rights by SPCs are often reported. In some areas, due to lack of money to afford the expense of SPCs, local PSBs will keep their eyes closed to the fact that SPCs members abuse their power and use violence to collect management fees for SPC.(*1) SPCs, in return, function its grassroots control tightly. To many people, SPC members act like triad people. Police and thieves are the same.

The following cases are clear illustration of the problems of the existing police system in China.

Case 1. On December 3, 1995, more than 500 hundred peasant workers in Longgang, Shenzhen were suppressed by police. It was reported that a rich man who might have good relationship with local police crashed down a fence but he rejected to restore the fence. He wanted to leave but was stopped by workers. He called on police. Police asked workers to let the guy out, but the request was rejected. Later the conflict between police and workers came out and more police and workers joined. Many workers were beaten by police with iron sticks. Several police even fired at the workers. At least five people were shot. A worker died of direct attack on the back headed by police. It was reported that more than 60 people got injured. It is clear that the police stood with the rich guy, rather than workers. (*2)

Case 2. On May 19, 1998, a worker was killed by fifteen security guards in a Hong Kong-invested company, the Yida Electronic Company. It was reported that a worker was suspected to steal some factory products. Two security guards came to the worker's dormitory and woke the worker up. The guards did not try to clarify the issue, but rather beat the worker immediately and detained him in the warehouse. Later, seven more workers were brought to the warehouse. They were forced to kneel down and beaten by security guards with iron sticks although they had no evidence to prove the workers to have stolen factory products. Under severe physical attack, the first worker was killed finally. The boss and the security guards together made a story that the worker who had been killed committed suicide because he had troubles with local triad people. The guards forced the other workers to leave Shenzhen. The boss and the guards were arrested eventually. However, this case have shown the violence of security guards in factories. (*3)

Case 3. On November 1, 1998, the SPC of Houjie Town, Dongguan collected management fee from peasant workers. 12 peasant workers were beaten by SPC members because some of the workers had not paid the fees. As reported, it is a common way for the Houjie Town SPC to force people to pay the management fee. People will be beaten once they cannot pay the fee immediately. One of the 12 workers suffered from shock due to severe attack by the SPC members with wooden sticks. When the press came to the local PSB for this issue, they were warned that the police affairs should not be reported by the press according to state policies. (*4)

All of the above stories are not occasional cases. In the last four years, the Hong Kong Christian Industrial Committee has done several studies on the working conditions in the Pearl River Delta. We also received many complaints from workers during interview. Workers claim that it is common to be fined, scolded and beaten without reason by factory security guards. In May 1998, the Toy Coalition in Hong Kong organized a demonstration against a Hong Kong-invested toy factory in Shenzhen which produced McDonald's toys. One of the factory's security guards beat a woman worker and her younger sister in March 1998. The young worker was sent to a psychiatric hospital and had suffered from mental breakdown.

In January-February 1996, a Guangzhou reporter came to a Taiwanese-invested toy factory as a worker for fifteen days. Later he wrote an article on the working condition of the factory.

Security guards are a special class among workers. They will be any place to supervise workers and to maintain discipline. They are also given power to detain workers' documents and to charge workers Rmb. 5-10 before returning the documents to workers. Due to such privilege, (the security guards) can easily batten on money entrusted to their own interests. (*5)

The official statistics in April 1997 stated that there were 9,102 security brigades in Shenzhen which involved 80,988 people. Including mobile population, the total population in Shenzhen is around 4 million. On average, there is a security guard per fifty people.(*6) According to a survey by the Shenzhen University on social reputation of 100 professions. Security guard is listed the 97th, even behind night club girl. In Shenzhen, 90% of security guards are not under the supervision of local PSBs. Violation of workers' rights, abusive use of police weapons and excess of authority on law enforcement by security guards are often reported.(*7)

He Qinglian, a Chinese economist, warns:

We must be aware of the fact that the triad society has lined with those who are holding power (the police and the military). It is absolutely unacceptable to allow them to become a social evil power to enslave people.(*8)

After 20-year economic reform, the original social institutions in China, such as People's Communes, Production Brigades, Village Committees, are dissolved. In 1994, an article by the Committee on Integrated Management of Public Security shared that SPCs in some rural areas are not in function. Manpower and financial resources are very meager.(*9) It causes emergency of local evil power that triad people work together with those authority people take up this opportunity. The mass line work of public security has become a kind of oppression of people. In fact, in the past Communist China's history, the mass social control under the name of people's democratic dictatorship did not bring out any good record. For instance, in the 1950's, more than 300,000 anti-revolutionaries and criminals were forced to surrender themselves voluntarily, to confess their crimes and to report others' crimes. In 1983, it was suggested that those criminals who seriously threatened social order should be penalized in a harsh way with a simple judicial process. Moreover, quotas for such criminals were set up in different areas. Finally, it created many framed-up cases.

The public security control system, in the past, has created many horrible stories. In the process of marketization, the system becomes more corrupt and people and peasant workers suffer more. If China wants to step towards a civil society, a clean police team which highly respects the rule of law is indispensable.

1. The absolute leadership of the Party and its local officers on public security affairs must be changed. Neutrality of police must be held.

2. The law enforcement by police must be separated from the policies of the Party and the state. Law execution cannot be changed according to party and government policies.

3. The mass line policy which allows common people to be law-executors should be abolished. Otherwise, excess of authority on law enforcement will easily come out.

4. Police should not participate in any economic activities. Police hired as factory security guards must be stopped. Both create role confusion of police.

By Shek Ping Kwan and Chan Ka Wai

*1. See case 3 of this article.
*2. Oriental Daily (Hong Kong), December 5, 1995.
*3. Nanfeng Workers' Post (Guangzhou), June 1, 1998.
*4. Nanfeng Workers' Post, November 13, 1998.
*5. "The Dairy of a Reporter on His Fifteen-Day Experiences in Factory", Focus (Shenzhen), April, 1996, pp. 66.
*6. "Shenzhen Security Guards, Please Let People Heart Down", Shenzhen Panorama weekly (Shenzhen), No.253 (December 21, 1998), p.14.
*7. Ibid.
*8. He, The Primary Capital Accumulation in Contemporary China (Beijing: China Today Press, 1998), p.304.
*9. Document 18, November 21, 1994, in The Research Centre of the Beijing Communist Party Office (ed.) Building of Security Protection Committee in the New Era (Beijing: China People's Public Security University Press, 1995), pp. 320.