studying policing in china: some personal reflections

ARTICLE IN PRESS

InternationalJournal of the

Sociology of LawInternational Journal of the Sociology of Law

35 (2007) 111–126

0194-6595/$ -

doi:10.1016/j

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www.elsevier.com/locate/ijsl

Studying Policing in China: Some personalreflections

Kam C. Wong1

Department of Criminal Justice, Xavier University, Cincinnati, OH, USA

Abstract

Until very recently, little is known about Chinese policing, especially outside of China. This article

makes a case for the study of Chinese policing, with a different—context dependent, bottom’s up,

facts driven—approach. The article is divided into three sections. Section 1 of the paper provides a

brief overview of problems and issues with researching into policing in China, with Chinese sources.

Section 2 takes issues with studying Chinese policing from a dominant and exclusive western

theoretical perspective and argues for the studying policing in China indigenously and empirically,

from inside out and bottom’s up. The article concludes (Section 3) with some personal reflection of

the author as a veteran China police researcher.

r 2007 Published by Elsevier Ltd.

Everyone is entitled to his own opinions but not his own facts—Daniel Patrick

1. Introduction

Until very recently, little is known about Chinese police and policing, especially outsideof China. To date, and especially in the criminal justice field,2 our (western) understanding

see front matter r 2007 Published by Elsevier Ltd.

.ijsl.2007.04.001

dress: [email protected]

cations appeared in British Journal of Criminology, Australian and New Zealand Journal of

, Columbia Journal of Asian Law, Michigan Journal of Race and Law, Asia-Pacific Journal on

ts, Law Pac. Rim L. and Pol’y J., Asian-Pacific Law and Policy Journal, International Journal of

and Applied Criminal Justice International Journal of the Sociology of Law, Australian Journal of

iety, Georgetown Journal of Law and Public Policy, Police Quarterly, Gongon Daxue Xuebao (PSU

others.

ag of sinologists, e.g., Spence, historians, e.g., Wakeman, political scientists, McKnight, e.g.,

Hon Lu, and now lawyers, e.g., Cohen, and criminal justice scholars, e.g., Wong, have ventured into

www.elsevier.com/locate/ijsl

dx.doi.org/10.1016/j.ijsl.2007.04.001

mailto:[email protected]

ARTICLE IN PRESSK.C. Wong / International Journal of the Sociology of Law 35 (2007) 111–126112

of police in imperial China,3 Republic of China,4 or People’s Republic of China (PRC)5 issketchy,6 spotty7 and shallow.8

Inside China, the state of police studies is best summed up by police historians Hon andSu from China in 1999:

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ythe investigation into police history of successive dynasties in our nation’sacademic community has been relatively late, not only are there no specializedtreatise in the area, there are only very few scholarly articlesythere is a need for thecollection and analysis of data anew, this present much difficulties, most importantlyin how to define the concept of police ythough the functions of police inmaintaining social security (‘‘shehui zhian’’) already existy (Yanlung and Yigong,1999).

As intimated by the title, this article is the author’s personal reflection of his experiencein studying chinese police studies—problems, issues, with a proposed approach. Section 1discussed difficulties, problems and issues of researching into China, including policestudies. Section 2 argues for the studying of chinese policing from bottom’s up, withindigenous perspective and empirical evidence.9 Section 3 concludes with some personalobservations, chief of which is that the study of policing in China, as with other cross-cultural ventures, must be conducted with an intimate understanding of local history anddeep appreciation of indigenous culture. In so doing, it sets forth a new agenda for thestudy of policing in China.

2. Researching into PRC policing

A cursory review of Chinese literature reveals that Chinese policing research is a muchneglected field of study due to a lack of research interest, resource, facility, access andsecrecy. The present conditions with Chinese policing studies reflect and reinforce

te continued)

to study its social and penal system. Judging from the lack of effort and scarcity of literature, the criminal

field is the least interested and informed.

classics on imperial political and social control, i.e., policing, is still Chu (1965) and Kung-Chuan (1960).

earlier years Wakeman (1988, 1992) wrote two defining articles on China policing.

e of the earliest treatment of organization and operations of PRC public security is Powell and Yoon (1972).

often cited paper on PRC policing ‘‘Crime and policing in China’’ (a paper presented at Australian

te of Criminology on September 7, 1998) by Li Xiancui, Associate Research Fellow, Institute of Public

ty, Ministry of Public Security, People’s Republic of China and Visiting Scholar, Justice Studies,

sland University of Technology was a bare bone description of PRC police which provided an overview of

ucture and powers of Ministry of Public Security.

re is currently no book length study or journal articles on PRC criminal investigation, virtual policing,

rrorism and internal administration (meisu gongzuo), in English.

one of a kind observation study of PRC residential policing at work, see Guo and Klein (2005). For

h into the role and organization of PRC armed police see Cheung (1996).

this I am echoing Professor Sherman’s call for ‘‘evidence based policing.’’ Sherman, ‘‘Evidence Based

g’’ Police Foundation (July 1, 1998) http://www.policefoundation.org/pdf/Sherman.pdf. However, whereas

an wants to subject their trenchant departmental policies and intuitive operational practices to stringent

sts, to find out ‘‘what works’’ or discover ‘‘best practice’’, as a way to professionalize police work. I insist on

ing empirical evidence as a research strategy to give voice to people who matters most in any research

s, here domestic China scholars and front line officers, as a mean to keep outside observers and foreign

hers at bay.

http://www.policefoundation.org/pdf/Sherman.pdf

ARTICLE IN PRESSK.C. Wong / International Journal of the Sociology of Law 35 (2007) 111–126 113

general patterns and historical trends, common problems and shared issues in othermore established China study fields, e.g., law (Cohen, 1968) and political science(Harding, 1982).

2.1. Research difficulties

Before we start a brief discussion on problems and methods with research into PRCpolicing, and some general discussion of related problems in China study, generally, is inorder.

As recently as 1960s, mainland China research was handicapped by unavailability ofsources (except translated news items by the American Consulate in Hong Kong and a fewdocumentary depositories at Berkeley, Hoover, and Harvard),10 inaccessible to places (it isdifficult to travel in China, unaccompanied), and isolation from the subject (except by exitinterviews in Hong Kong) and non-existence of trained social scientists with Chineselanguage facility and cultural sensitivity (Boorman, 1960).

Things started to change with Nixon’s visit to China and following PRC’s ping-pongdiplomacy. For the first time, Western scholars were allowed to get a glimpse into Chinaup close and personal, though always under the watchful eyes of a skeptical host (Gittings,1995).

Though not easily accessible to American and Western scholars, other countries haveresearched into China and faced different set of problems. For example, China boundJapanese scholars faced insurmountable problems as they continue to make valuablecontributions.11 There were five emerging scholarly trends of note in Japan Chinesestudies.12 (1) There was a vibrant debate over which framework to adopt in studyingpolitical development in China, i.e., pro-Marxism vs. anti-Marxism vs. Maoism. (2) Therewas an increase in the study of Japanese invasion of China and debate over textbookrevision issues. (3) The interest in studying Chinese economy was spearheaded by ShigeruIshikawa. (4) Japanese scholars have argued for studying the impact of historical–culturalforces on modern China; an area neglected by American scholars (except perhapsFairbanks, Pye, Solomon). (5) There were many books written by Chinese residents inJapan, consisting mostly of anecdotal accounts of their experience and opinions ofChina.13

In terms of data, before 1960s data on China were all but inaccessible, as withknowledgeable China researchers. In the early 1960s, most of the researches were based ontranslated materials—mostly newspapers and government documents—by US Consulatein Hong Kong. In the mid-late 1960s, this was supplemented by exit interviews in HongKong. In 1970s, many more illegally obtained documents bearing on the culturalrevolution was became available. Many of them were deposited with the UniversitiesService Center, a rumored CIA outfit. Since 1979, mainland libraries and national archives

10For a research note on sources and methods, see Fravel (2000). For a research source note into Chinese law,

see Wei Luo and Joan Liu, ‘‘A Complete Research Guide to the Laws of the People’s Republic of China (PRC).’’

http://www.llrx.com/features/prc.htm and Joan Liu, ‘‘Update to Beyond the Border: The Chinese Legal

Information System in Cyberspace.’’ http://www.llrx.com/features/china2.htm11Sidel (1995), Kokubun (1986) (Japanese study of contemporary China has been neglected by the West, p.

506).12Kokubun (1986) Current trends, pp. 505–518.13Kokubun (1986).

http://www.llrx.com/features/prc.htm

http://www.llrx.com/features/china2.htm


were increasingly accessible to outsiders. Discreet visits and personal interactions providedthe bulk of the research materials. Finally, since 1980s, researchers from China wereallowed to study outside of China. They brought with them valuable data sets, personalexperience and family connections. In the 1990s, the Internet provided armchairresearchers with direct access to many of the library sources or local materials that couldonly be had by having personal access or physical visits.Researching into public security and policing in China is a difficult task. Cohen’s

observation about the difficulties of researching into China, while dated, remains to berelevant.14 Lieberthal (1986) trenchant analysis about why the study of Chinese politicaldevelopment was retarded is as perceptive as it is informative, then as now. First, study inand of China requires substantial investment of time and effort to immerse oneself in themastering of a difficult language, familiarization with long history and sensitivity to richculture.15 Second, while the field of political science was moving towards quantitativeanalysis in the 1960s and 1970s, statistical data are not available from China before andwell into the reform era, i.e., late 1980s.16 Third, political development in the US, mostnoticeably emergence of McCarthyism in the early 1950s, all but deterred students fromentering the field for fear of being branded a communist.17 After 1979, seriousinvestigation into China was made possible by a sea change of attitude on the part ofChinese political leadership and corresponding resurgent of interests in the scholarlycommunity in China to learn from the West. Political leaders wanted to gather usefulscientific data18 for reform purposes while the scholarly community looked towards thewest to jump start a long neglected educational system.19

The Communists are not given to open government. The PRC police are not keen onsharing state secrets, private information, criminal intelligence, and operational detailswith outsiders, much less foreigners.20 There is no right to public information in China.21

Publicly available data are often ‘‘sanitized’’ to serve the State’s propaganda, education

14Cohen (1968) (Chinese law research suffered from a lack of language skills and poverty in cultural perspective.

The tendency of western lawyers, particularly those from the US, is to view China from its own cultural lens and

to understand China legal terms by referring its own development, pp. 479–483). Boorman (1960) (Prior to WWII,

American study of China was limited to a handful of experts trained in French sinology tradition which stressed

linguistic, biographic and philosophical preparation and approach. China scholars have always suffered from

linguistic and social barriers, and after the establishment of PRC political obstacles were added as problems (pp.

588–589. In the 1960s, China was virtually inaccessible.) ).15Lieberthal (1986, 71R).16Lieberthal (1986, 71L).17Lieberthal (1986, 72R).18Lieberthal (1986, 74R).19Lieberthal (1986).20Ministry of Public Security (‘‘Gongan bu’’), ‘‘Notice regarding prohibiting foreign journalists from illegal

reporting activities’’ (‘‘Guanyu jizhi weiguo jizhe feifa caifang hudong de tongzhi’’) (April 22, 1994). Compendium

of PS Law, pp. 1296–1297. (Foreign reporters was found to be reporting on sensitive areas and subjects. Foreign

reporters are forbidden to liaison with dissenters or report on major disasters without first asking for permission

and having video/sound recording examined.)21This is not the same as saying that there is not systematic and comprehensive data gathering in China. In fact,

political doctrine in China fromMarx to Mao to Deng calls for finding ideas in matters (Marx), integrating theory

with practice (Mao) and seeking truth from facts (Deng). Braybrooke (1979). (Chinese political leadership and

policy makers have long been interested in social research and ethnographic studies as a way to inform policy and

design strategy. The premier scientific and policy research agency is of course the CASS—Chinese Academy of

Social Science.) But in as much as such research data and findings are driven by political ideology and

administrative needs, such data and findings might be contaminated.


and socialization needs.22 Field survey research is officially prohibited. Document 598circulated by the State Education Commission in December of 1990: ‘‘Notice of IssuesRelating to Cooperation with Foreigners: Doing Social Investigation in our Country’’prohibits ‘‘all higher education institutions from conducting sociological survey in theform of public opinion poll or written questionnaire with foreign academic institutions andresearch institutes. This includes cooperative research based on questionnaire.’’

On a more optimistic note, researching into PRC is getting easier. Consistent with PRCoverall policy to open up government agencies, including the police (Chao, 2002), forcitizens’ inspection and public scrutiny, more and more information are made available tothe people, e.g., books, journals and papers designated for internal circulation areincreasingly being placed in public circulation and for private subscription. For example,Gongan Yanjiu (Public Security Research) is now freely circulated and Renmin Gongan Bao

(Public Security Press) is made available on the web (Zhongguo gongan baike quanshueditorial committee: 1989, p. 22). While the PRC government still do not welcome outsidescholars to study the PRC police system and process, the PRC scholars themselves havebeen allowed to conduct research and publish their findings, much more so than before.

2.2. Emergence of police studies in China

Until very recently, there is no formal police studies program in and independentresearch enterprises on police and policing in China. Police role and functions is acceptedas an act of faith and based on ideological dogma, i.e., police as with law is aninstrumentality of the ruling class to exercise domination and impose control on classenemies. Policing methods and practices are never questioned, as received by history, asinformed by experience and as instructed by culture.

Police research in order to gain wide audience and published in officials journals mustaccept political correctness editing in terms of topic, theme, and content, in the name ofquality control and scholarship assurance.

22Ole Bruun, Soren Poulsen, Hatla Thelle, MC Research Danish Experience (University of Copenhagen, 1991)

Center for East and Southeast Asian Studies, University of Copenhagen, Stokhusgade 5, DK-1317 Copenhagen

K, Denmark. (The book is a collection of papers from a seminar held in 11/1–2/90 at University of Copenhagen

on ‘‘Problems and Methods in MC Research’’. The seminar was convened by four major China research

institutions in Denmark: the Center for East and Southeast Asian Studies at University of Copenhagen; East

Asian Institute at University of Copenhagen, the Nordic Institute of Asian Studies, Copenhagen; Copenhagen;

and the East Adian Institute, University of Aarhus. The seminar provided a reflection on China research

experience since 1978: ‘‘What methods are suitable for understanding the mechanisms of the Chinese society?

What problems confront the researcher? What are the ethical questions involved, and what are reasonable

considerations for our informants?’’ (p. 4). The recurring problems of research in China are: evasive answers,

unkept promises, classified material, and regions ‘‘out of bounds’’ for foreigners (p. 5). The major issue in sum is

lack of cross cultural communication.) Ole Odgaard, ‘‘Data Collection and Use of Local Statistics—Some

Experiences from Field Studies in Sichuan’’ (pp. 18–29). In China ‘‘even non-controversial statistics can be

difficult to collect during field studies, and the reliability of local statistics is often questionable’’ (p. 18). The

accessibility problem is due to lack of connections (guanxi) and lack of openness. The reliability issue is a result of

manipulation for self-serving reasons (p. 18). For example tax figures may be deliberately underreported if the

local authorities hope to retain a larger portion of taxes collected. In a survey of 38 private enterprises it was

found that their taxes and levies were substantially higher than recorded by the County Tax Bureau (pp. 19–20).

There is always a disparity between the State Statistical Bureau in the Statistical Yearbook and local data. The

differences of rural income may be due to sample differences or percentage to calculate cost and expenses; a figure

which is arbitrary arrived at or politically determined and never economically decided (p. 22).


Public security journal periodicals are in the service of public security troop construction(jian she), education (jiao yu) and research (ke yan). Its political nature cannot bechallenged. Thus the articles published cannot be against party doctrine, Marxist ideologyand state policy (Li, 1997).Such and other problems with police studies and research in China are best stated in the

General Administrative Office of Ministry of Public Security, ‘‘The Notice aboutEnhancing Research Work into Public Security Theories and on Improving further PublicSecurity Studies’’ Gongban [2000] 82 Hao.However, it must be noted that currently, public security research, in particular

theoretical development, is a little inadequate, it is specifically reflected in: some theoreticresearch are being stylized (cheng shi hua); many investigation into public security worklacks theoretical support; many (discussion of) public security controversial issues and(analysis of) difficult problems are not supported by (jiandi) and focused research; manyfresh experienced from local level public organs await theoretical treatment andimprovement (Gongan Yanjiu, 2000a, b, p. 8).There are to be encouraging signs. Police studies and research is increasingly being

recognized. In 1993, the Minister of Education first approved the study of public securityrelated subjects in universities as first degrees, including criminal investigation, publicsecurity, police administration, risk management and police physical education. In July of1998, Ministry of Education has recognized Public Security Studies (Gongan Xueke) as asub-discipline to Jurisprudence (Faxue) to be included in the ‘‘Putong gaodeng yuanxiaobenke zhuanye mulu’’ (General higher education school undergraduate course professionalcatalogue). The newly minted discipline has 11 primary study fields (kexue menlei) and 72sub-fields (erdang lei). Primary subjects of study include: police theory (lilun gongan xue)and police history (lishi gongan xue), etc. Secondary fields include public security studies(zhian xue) and investigative studies (zhencha xue). This means that police studies has nowdeveloped to a stage of maturity with its own theory, concepts, research methods andfindings. The first master degree program in criminal procedure was approved inDecember of 1993. By 2002, there were nine master programs in the nation, five at PSUand four at Criminal Investigation College.23

Notwithstanding the gradual gain in maturity and stature of police studies as a disciplinein China substantial issues remain as to the discipline’s mission, boundary, method, focusand contribution. In essence there are few consensus and many contentions as to what thediscipline is all about and where it is going.24 For example, a majority of the scholars feelthat it is an independent discipline with a well defined subject matter, student body,education objectives and course content. However, there is a sizable minority who arguedthat policy studies is a non-discipline with contributions from many fields of study, e.g.,law, social science and humanities. There are much disagreement over the research focus.Some scholars are of the opinion that police studies should be devoted to the study ofpolice origin, development, and regulations, in search of general pattern and universaltheory. This school argues against applied police research, or involving researchers in

23Zhaoping and Xiaolin (2002) (Between November 16 and 18, 2001, the PSU organized the ‘‘National Police

(Public Security) Scientific Discipline Construction Seminar’’ to discuss the status, achievements, focus and future

of police science as a study discipline and education field. The conference was well attended by scholars, experts,

policy makers and political leaders from MPS, Ministry of Education, public security universities nation wide.)24The consensus is that the target of police studies is the police. The objective is to apply science to the study of

police and policing in search of patterns and theory. Zhaoping and Xiaolin (2002, 107).


solving day to day policing problems. Other scholars insist on a broad approach to policestudies as a scientific field. According to this vision, scholars should apply scientificmethods to the study of police work in theory and practice. Still others think that theinvestigation of police in China should be linked up to police theory and researchdevelopment in other parts of the world, i.e., engaging in comparative police studies.

It is now an accepted wisdom in China that police theoretical research is necessary toimprove upon applied police work.25 The solution to improve upon public securityresearch in China is with more scientific studies and empirical researches. This requires thededication of resource and training up of people to conduct police research.26

There are many criticisms about police scientific research in China, e.g. police studies areconducted for their own sake. There is an overall tendency to ignore the importance andusefulness of research in daily police work. There is now a common saying within thepolice circles that: ‘‘police studies and theory sounds important when proposed, appears tobe necessary when applied, not being used when in urgency’’. This is to observe that, aswith other police officers from around the world, Chinese police officers at the operationallevel do not think that police theory, research and findings are useful in their day-to-daywork, i.e., not applicable in the real world. More to the point, police theories have beenrelegated to a secondary position in daily police work (Gongan Yanjiu, 2000a, pp. 77–79).

Police reformers and enlightened administrators, however, consider police theoreticalresearch to be most necessary to improve upon existing police work (Gongan Yanjiu,2000b, pp. 6–7). The solution is to improve upon public security research to providemore relevant and useful scientific researches and empirical findings. This calls for thededication of more resources to research and training of more researchers (GonganYanjiu, 2000b, p. 8).

There are three ways to jump-start police research: (1) Provide an incentive structure forpeople to conduct research. (2) Speed up the processing and distribution of researchfindings. (3) Develop police scholars by inviting outside researchers to share insights andviewpoints (Gongan Yanjiu, 2000a, p. 8).

3. A different approach to studying police

Study of policing in China should avoid cultural (pre-) disposition, as informed byreceived/hidden assumptions (Harding, 1982), driven by self-evidence/universal politicalorientation27 and fortified with embraced ignorance.28 Established China scholars havelong observed that different perception and misperception of China has more to do withthe investigators’ disposition or disciplinary paradigm towards China than reflecting true

25The Editorial Office, ‘‘To Enhance the Research of Public Security Theories and Guide the Practice of Public

Security Work,’’ Gongan Yanjiu, 72 (2000), pp. 6–7.26Gongan Yanjiu, 78 (2000), p. 8.27For a trenchant critique of post-modernist scholarship in rescuing Chinese scholars from the pitfall of liberal

critique of China, see Esherick (1998) (Symposium: Theory and Practice in Modern Chinese History Research.

Paradigmatic Issues in Chinese Studies, Part V) (McCartney’s Hervin’s Cherishing Men from Afar (1995) provided

a revisionist reading of China. His observations of China were based on mistranslation of primary sources and

misinterpretation of secondary historical data, all the time being driven by personal bias and political ideology.

See ‘‘Methodology and the Politics of Post-Colonial Scholarship’’) (pp. 153–159).28Generations of Chinese legal scholars have adopted the view that China has no or non-functioning legal

system when there are ample evidence suggesting otherwise, i.e., Qing dynasty has a sophisticated legal code and

effective justice administration system. Alford (1997).


conditions and likely prospect of China reform. Sentiments about China ran from torridlove affairs borne out of romantic attachment, if not even personal involvement withMao’s egalitarian and utopian quest, cir. 1970s (Harding, 1982), to bitter resentmentresulting from abject disappointment over China’s oppressive policy and repressivepractices, cir. 1980.29 The reassessment resulted in part from ‘‘Changing IntellectualAssumptions’’30: (1) The prevailing assumptions in the 1970s were that we have no right (atleast not being fair) to judge China by Western standards or values, such as over freedomand human rights issues.31 (2) Economically, Chinese people are less developed and thuscare more about economic survival than liberty. Culturally, Chinese people have nohistory and tradition of democracy, privacy and individualism. As such these rights meanvery little in China. (3) In the 1970s we often judged China by the lofty goals espoused bythe leaders and not their actual implementation or eventual success/failures at thegrassroots.32

By far the most established assumption shared by many who engaged in state andsociety research in China is the idea that there is a connection between economicdevelopment and demands for political liberation.Taking the above admonition to heart, we find that few if any existing social or police

theories, mostly developed in the West, can be easily made to fit China’s particularisticcultural pattern, multifaceted social conditions and complex political circumstanceswithout suffering from various minor inaccuracies33 and/or gross distortions.34 Moresignificantly, there is not enough valid and reliable empirical data35 to support any theorybuilding.36

In reacting to the above, I find that ‘‘globalization’’ of policing in research and practiceis fraught with theoretical problems and laden with empirical issues, especially if by‘‘globalization’’ we mean ‘‘best’’ or ‘‘uniform’’ practices, denominated in human rightsand/or rule of law terms, based on Western traditional and culture expectations.

29Harding (1982).30Harding (1982, 942).31Harding (1982, 943).32Harding (1982, 944).33Pye (1992) (Career minded young Asian scholars wanting to establish themselves or seeking to secure tenure

tried to force ill fitting western theories in their respective disciplines to explain complex and complicated world of

China.).34See ‘‘3. Jingcha xue xueke yanjiu ben tu hua de wenti.’’ In Xudong (2002) ‘‘Ben tu hua’’ or ‘‘domestication’’ of

foreign ideas and practices, privileged Western ideas over domestic ones. This resulted from an uncritical

acceptance of positive science in the academic community in the 19th century, as championed by England, France,

German, Italy and the United States. With the decline of European and United States’ influence in world affairs

and the emergence of post-modernism and multiculturalism, the positive scientific model’s ‘‘objective’’ view of the

world is increasingly being challenged by culturalists and ridiculed by the post-modernists. Since policing research

is a local knowledge (‘‘di fang sheng zhishi’’) (C. Geerz), foreign and imported police ideas and practices must be

subjected to local adaptation before used. Specifically, police studies must reflect and be informed by Chinese

historical, social and cultural characteristics. Police research must focus on China problems and issues. Police

research must be an independent exercise and be critical of status quo. Police research must make independent

contribution to China policing and purge of foreign influences, entirely (pp. 153–154).35In other areas of research, archives are opening up for inquisitive scholars, Huang (1982).36Huang (1998) (Symposium: Theory and Practice in Modern Chinese History Research Paradigmatic Issues in

Chinese Studies, Part V) (Empirical historical research is better than theoretically driven one in understanding

China. Theory might be too simplistic, ideological or ethnocentric in capturing true conditions in China).


In this regard and reflecting on my own experience, I can make three observations toimprove upon Chinese police studies.

First, China is made up of many distinctive parties to an ill fitting whole. There is atendency to lump PRC police together as a monolithic entity and treat policing as uniformactivities. This tendency is caused by a misconception that China is (has been) laboringunder a uniform Confucius culture and dictated by a unifying communist ideology.37 Ormore simply put, Chinese people (including or particularly with police) think and actalike.38 Nothing can be further from the truth.39 The public’s reception of and reaction togovernment policy in China varies, depending on locale (Li, 2000a,b), contingent onissues40 and change with people.41 In like manner and for same reasons, police in Chinapoliced differently.

China is a big country with diverse conditions: in geography, ethnicity and culture. In asmuch as policing is a grass roots activities and public order is a local concern, we canexpect national priorities are not equally shared locally (Li, 2000a,b). Similarly, socialproblems and political dynamics affect different communities, differently.42 When devisinglegislative solutions, national law must be made to fit local conditions. Local governmentsmust be afforded the flexibility to creatively apply national law and boldly experiment withlocal regulations,43 starting with the police.44

As one might expect, what is required by the CPC or instructed by the MPS, might bedifferently applied in local context. For example when national police leadership called forpolice reform in 2001, provincial police bureaus chiefs reported different focus andvarieties of achievements in 2002:

(1)

37

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Shanghai municipality reported focusing on modernization of the policedepartment, i.e., systemization (zhiduhua), regularization (guifan hua), and legalization(fazhi hua).

(2)
Henan Public Security Bureau reported focusing on improving political ideology andprofessional accountability of the police when engaging in ‘‘strike hard’’ (yanda)
Pye (1986). (The ideological furor of Maoism in the 1950s has given way to economic utilitarianism,

nocratic managers and pragmatic socialism in the 1980s.)

Peerenboom (2005). (Critiquing (‘‘Human Rights and Chinese Thought: A Cross-Cultural Inquiry’’ by

hen Angle) Peerenboom observed that there is no one concept of human rights but many discourses of human

ts in China.)

Wilson (1968). (Style of policing contingent on community make up.)

Kwong (1988). (Students from various universities took to the street under the banner of democracy were

ated by different things and want different recourses from the government.)

Chen (1999). (Mass and elite held different views on regime legitimacy, reform assessment and democratic

ciples.)

Kevin J. O’Brien, Lianjiang Li, ‘‘Accommodating ‘‘Democracy’’ in a One-Party State: Introducing Village

tions in China,’’ CQ No. 162 (Special Issue: Elections and Democracy in Greater China: pp. 465–489 (2000)).

Corne (2002). (Flexibility in national law, manifested as general rules and vague provisions, is deemed

ssary to accommodate local needs for adjustment, experimentation and change (pp. 375–376).)

Corne (2002). The Ministry of Public Security amended Article 39 of the ‘‘Regulations of the PRC on

inistrative Penalties for Public Security’’ with Article 3 of the ‘‘Explanation of Various Problems of the

lic Security Bureau’s Implementation of the Regulations of the PRC on Administrative Penalties for Public

rity which interpreted Article 39 of the Regulations of the PRC on Administrative Penalties for Public

rity’’ (Adopted by the NPC Standing Committee on September 5, 1986) to shorten the period for application

relief from 5 days (Article 39) to 2 days (Article 3). This was rejected by the Xingyang District Intermediate

rt.

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K.C. Wong / International Journal of the Sociology of Law 35 (2007) 111–126120

campaigns. The major focus was on ridding the police of corruption and abuse, e.g.,the existence of ‘‘protective umbrella’’ (baohu san).

(3)
Anhui Public Security Bureau reported focusing on eradicating organized gangs andsecret societies (heshehui). The other focus was in reforming police work style with theconduct of three education campaign. Four police reform projects were at hand:establish and perfect the education and training system (jiaoyu peixun); managementand appraisal process (guanli kaohe); command and control structure (jiandu zhiyue);protection for police work (jingwu baozhang).
(4)
Jingsu Public Security Bureau reported focusing on improving upon the service qualityof police officers through enhancing police law enforcement standards and introducingpolice management review and technology upgrade, i.e., ‘‘Golden Shield’’ (‘‘Jindun’’)project.
(5)
Sichuan reported focusing on speeding up the police reform process in making policework more transparent and accountable to the public. The police reformed thehousehold registration system in order to make it more rationalize and efficient. It alsotried to address recurring and persistent police service problems and public complains,e.g., impolite and unresponsive police attitude.
(6)
Xianxi Public Security Bureau reported focusing on ‘‘yanda’’ over serious crimes. Themajor focus was on building a comprehensive public security prevention and controlsystem (zhian fangkong xitung). The police reform process should be furtherstrengthened to lay a foundation for the future economic development of the west.In this way, the police subscribed to the ‘‘three years’’ reform plan as directed by theMPS and espoused by Jia Chunwang.
(7)
The Helungjian Public Security reported focusing on ‘‘break through’’ in six reformareas: (1) maintaining public order; (2) ‘‘striking hard’’ at criminal offenders; (3)promoting social order; (4) serving the nation’s open door and economic reform needs;(5) using technology to enhance police performance (kexue qiangjing); (5) facilitatingpolice troop construction (duiwu jaingshe).
(8)
The Guangzhou Public Security reported focusing on six objectives. The police reformwork revolved around improving public security and social order within two years andmaking arrangements to deal with public order problems associated with WTO.Particularly, the police focused on liberating ideas, pledge to work for economicreform, step up with public security and social order campaign, speed up publicsecurity reform and enhance public security quality and standards.45
The implication of this observation for Chinese policing scholars is as stark as it is clear:any attempt to theorize about conditions in China in universal and essentialist terms,without grounded research, is likely to fail.46

Second, we need more reliable data than critical opinions. Most, if not all, China boundpolice researchers relied heavily on government data. Information supplied by Chinesegovernment (official statistics, policy papers, legislative documents, court cases, journalarticles, media accounts) deserves careful reading, paying attention to possible

‘‘All areas resolutely implement the spirit of National Public Security Bureau Chiefs Meetings’’ (‘‘Gedi

che luoshi quanguo gongan-ting-ju zhang huiyi jingshen’’) China Police Daily Online. January 11, 2002.

Hamilton (1984) (‘‘I suggest that western typology of traditional, charismatic, and legal domination needs

sions if it is to help and not hinder understanding of non-Western societies.’’) (p. 405).


incompleteness, omission, distortion,47 misrepresentation, bias,48 lack of uniformity and/or sheer incompetence.49

Data and analysis provided by elites are more likely to be driven by theory than practice,ideology than facts. Both information sources are unlikely to have been informed bygrassroots experience and bottom up perspective. All this is to remind China boundresearch that it is difficult to ascertain the truth about the state of policing in China oncewe get away from official pronouncements and expert analysis. It is appropriate to end thisobservation with the often quoted statement: ‘‘Everyone is entitled to his own opinions butnot his own facts.’’

The implications for China research is clear, we need to look at China from inside outand bottom’s up. While making it assessment, as a caveat and certainly balance, it shouldbe made amply clear and emphatically pointed out that ‘‘inside out’’ research, i.e., seeingthings from inside or with an indigenous perspective is not the same as engaging in‘‘insider’’ research. While a person from inside is likely to share a local view and indigenousperspective, it needs not be so, e.g., whereas the ‘‘yu shi’’ (censorial officials) in imperialChina as with the New York Times reporters in the Iraq war were embedded within theofficials’ ranks, they do not necessarily share the ‘‘insiders’’ perspective to things, still lessagree on issues. ‘‘Insiders’’ research might also raise thorny methodological issues, i.e.,myopic view and partiality of judgment. What is gained by intimacy of knowledge and

47Jianhe (2002) (Crime rates in China cannot be meaningfully compared with those from the West because there

is a lot of ‘‘dark figures’’ of crime resulting from: (1) PRC Criminal Law have fewer kinds of crime. (2) PRC

official crime rate—‘‘Criminal Case Recording Rate’’—(‘‘Xingshi anjian fa an shu’’) only reports/records cases

from public security, not other branches of law enforcement, e.g., custom, court, procuratorates; (3) China reports

minor public order cases (‘‘zhian guanli chufa tiaoli’’) while Western countries do not count misdemeanors as

crimes. (4) Western countries record all property crime. China only records crime when minimum ‘‘li an

biaozhun’’ is met. (5) In the US about 35% of crimes happened in supermarket. In China most businesses do not

report such crimes, preferring to taking care of them in house. (6) Urbanization has a direct relationship with

crime rates. In the US 80–90% of the country is urbanized. In China only 30% is.)48Media scholars and communication experts have long pointed out that in the public domain there is no reality

but ‘‘socially constructed’’ ones. The media is a prime institution in the construction of news—setting agenda,

providing for interpretation framework, evoking emotions. Surette (1998), especially Chapter 1: ‘‘Media and the

Construction of Crime and Criminal Justice’’, pp. 1–23. In the context of China, Public Security Legal News has

been relied upon by many police researchers, inside and outside China, to provide empirical data for research or

use case studies as illustration. But such media reporting has no guarantee of validity and reliability. Jing (1995).

(The quality and reliability of ‘‘Public Security Legal News’’ is put into question. The reporting has been

pandering to the public, i.e., violence and sex, reporting on crime details and investigation process. The reporting

is driven by the market, compromised by irresponsible reporters with little supervision and still less

accountability.) For the political role and function of the mass media in reformed China, see also Lynch (1999).49Police and legal documents might not have been carefully written with proper use of terms and terminologies.

This caused confusion and misunderstanding. First, officers who are not familiar with legal terminologies have a

tendency to substitute common social usage of terms instead of specific legal ones as required by law: (1) ‘‘yingwei

fanzui’’ (not ‘‘consider’’ as crime) was used in lieu of ‘‘bukou cheng fanzui’’ (not ‘‘constituting’’ a crime) (75R); (2)

‘‘airen’’ (loved ones—spouse) was used in lieu of ‘‘fufu’’ (husband and wife); (3) ‘‘zhengdang fanwei guodang’’

(improper use of justifiable defense) was written as ‘‘zhengdang fanwei guodang’’ (justifiable defense in the excess)

(p. 75L). Second, officers might choose to use non-recognized police terms, either in terms of abusive use or

inappropriate application. For example: (1) ‘‘beigao’’ (accused) is not to be confused with those arrested or

detained. They might or might not be the accused (p. 76R.); (2) ‘‘xingxiong sharen’’ (‘‘murder’’ PYECD, p. 773R)

does not distinguish between ‘‘guyi sharen’’ (intentional murder) or ‘‘guoshi saren’’ (negligent homicide) (p. 76L).

Third, officials might be using vague and confusing terminologies. For example: (1) ‘‘duoci zuo an’’ (commit many

crimes) is not as clear as a given number (76R); (2) ‘‘quzhong’’ (people) is not as clear as a description of the kinds

of people by name or type (76R). Rushua and Baitong (1995).


uniqueness of perspective might in turn causes narrowness of vision and bias of opinion,leading to invalid and unsound findings.Third, China must be understood on her own terms: in context of Chinese history and

culture, more recently ideology and personalities. If we were to make an effort tounderstand Chinese policing in China terms, we should start by investigating localcommunal, familial and self-control. That is to say we should take a bottom’s up more sothan top down approach, seeking/explicating rich empirical observations than imposing/expounding essentialistic theoretical postulates.If we should look at China from bottom’s up and empirically, we will find that

‘‘policing’’ as function starts with self and ends with the family/community, i.e., self-governance.50 Kongfu (Confucius) household in imperial China is an ideal type51 of self-governance and informal social control.52 In China, the Kongfu was considered firstamongst equals in ethical matters.53 In order to honor Confucius and set an example forthe people to emulate, the Confucius’ (Kongzi) descendants were conferred the honorarytitle (Cifeng) of ‘‘Yansheng gong’’ by emperor Song Renzon (960–1279) in the second yearof Zhihuo.54 The title was affirmed by the Emperor’s decree on the 11th day of the eighthmonth of the Dai Ming Yuanwu yuannian.55 The memorial to the throne (‘‘zoushu’’)‘‘Pingding shandong sier ce’’ (‘‘Ten strategies to pacify Shandong’’) provided in item 7 to‘‘Chong shengxue’’ (Revere the sage learning) as follows:

50‘‘T51‘‘A

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The historical sage (‘‘xiangsheng’’) Kongzi is the ancestor of eternal Confuciusorthodoxy (‘‘wanshi daotong’’). In the beginning of our dynasty, all our cardinalguides and constant virtues (‘‘gangchang’’ or more specifically ‘‘sangan wuchang’’)56

he Philosophy of Community Policing in China,’’ Police Quarterly Vol. 4(2): 186–214 (2001).

n ideal type is formed by the one-sided accentuation of one or more points of view and by the synthesis of a

any diffuse, discrete, more or less present and occasionally absent concrete individual phenomena, which

anged according to those one-sidedly emphasized viewpoints into an unified analytical construct.’’ (Weber)

(1949, p. 90).

e should be careful in using parsimonious ‘‘ideal type’’ to capture rich national history and nuance human

nce, see Marsh (2000, pp. 281–302) (Marx misconceived China’s legal system as irrational when ample

cal evidence showed that China has a predictable legal system as supported by meticulous rules and

lling cases.) The problem rested with the fact that Weber did not speak or read Chinese and relied on

e and supportive secondary data, rather than comprehensive and contradicting primary sources for his

ent; a caveat that should be taken to heart when conducting comparative research, especially in China.

nfucius or Kong Fuzhi was born in 551 BC in the feudal state of Lu in modern Shantung, China. Originally

cial of the Zhou dynasty (1100–475 BC), he was later much disenchanted with the break down of political,

and moral order during the Warring State (475–221 BC). He attributed the disintegration of the society to a

down of the moral order and rite system. In response he established the school of thought called

cianism which called for the practice of ren (humanity) and the following of li (rites). Confucianism has

een adopted as a state sponsored philosophy. For a discussion of Confucius’ contribution to Chinese

see generally, Yu Yingshi, Shi yu zhongguo wenhua (The Intellectuals and Chinese Culture) (Shanghai

chubanshe, 1984).

ngfu dangan xuanpian (Collection of Confucius household records) (Zhonghua shuju, 1982), 2 Vol. CS1169

982. Kongdang (Confucius Records) 1114.

nfucius Records, p. 2.

e feudal Confucius ethics code consisted of three cardinal guides (ruler guides subject, father guides son,

usband guides wife) and the five constant virtues (benevolence, righteousness, propriety, wisdom and

).

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K.C. Wong / International Journal of the Sociology of Law 35 (2007) 111–126 123

were developed from this. Li required officials to revere sacrifices, reinstating thetitles (‘‘feng’’) of Yangshenggong and sishi xuebao.57

From early history, the Kongfu occupied a unique position in Chinese history.Generations of emperors deferred to it for moral authority. Local officials were guided byits ethical principles. People followed its exemplary way of life. Kongfu’s household wasgiven special authority, e.g., the head of Kongfu’s household could nominate local officialswithout being objected to. Kongfu’s household was given special rights, e.g., it enjoyedexemption from certain taxes and corvettes.

More significant for our illustration purpose, the Kongfu household enjoyed delegatedrights of self-government and autonomous powers of social control. Kongfu enjoyedhereditary nobility. Kongfu was given property to manage. Kongfu has a right to appointofficials, to levy tax, to select local magistrates. The head of Kongfu has a right to governits household members exclusively and discipline its charges summarily. Kongfulhousehold has full authority to establish conduct norms within its household and overthe disposition of its property in the community. It could discipline and punish itshousehold members, charges, and intruders, summarily and without recourse. Kongfu hasa right to make enforceable rules to protect its communal welfare and seek help of theofficials to promote its collective interests. At all time, Kongful mediated between itsmembers and the outside world. Officials could only approach, communicate, and dealwith Kongfu members with the special permission of the emperor, by and through the headof Kongfu household.58

The conclusion from this brief excursion is as unmistakable as it is revealing: the Kongzihousehold played a significant role in social control matters in imperial China throughindependent moral leadership and by virtue of delegated governmental social controlpowers from the emperor. As a result it shared in social control responsibilities with localofficials, as co-equals. It was a ‘‘private government’’ unto itself.

The delegation of social control powers and sharing of social control responsibilitiesaffected materially Kongfu in the following ways: the Kongfu possessed more legal rightsand privileges than the commoners.59 The Kongfu enjoyed exemption from legalprosecution from the officials.60 The relationship of the Kongfu to the Chinese Emperorsresembles closely (if not even duplicates) that between the kings and lords in medievalEurope:

In Western Europe y they (lords) were no longer ordinary subjects, but possessedeconomic and legal privileges, granted or accepted by the sovereign y They wereconsidered outside the general subordination of subjects y by the very terms of

nfucius Records, p. 2.

r discussion of powers and prerogatives of Kongfu, see Chapter One to Confucius Records.

r a discussion of how the Kongfu exploited its powers and prerogatives to the disadvantage of the

oners, see Confucius Records: Chapter 3: The rent exploitation of Kongfu. Chapter 4: Other exploitation of

u and Chapter 6: The impact of farmers on the Kongfu and Kongfu’s farm households rent protest and

le against officials.

e the case of Liu Shangqi opening up waste land (kaihuang) vs. Kongfu claim to ceremonial plot (jitian) in

st year of Qianlong in Confucius Records, pp. 107–126 (A conversation analysis, O’Barr, 1994, of the trial

shows that the Kongfu enjoyed favorable treatment by the hearing official. Particularly, the Kongfu was

to, reasoned with, and persuaded to do things.). For anecdotal accounts of how Kongfu was favorably

by emperors and officials, see generally the oral history of Kong Demao, Kongzi neizhai yishi (Anecdote at

nfucian household) (Tianjin renmin chubanshe, 1981).

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K.C. Wong / International Journal of the Sociology of Law 35 (2007) 111–126124

investiture. They owed fealty, counsel and aid, but in return were exempted from allobligations and impositions. They represented and personified both the populationof their territories in their relationships with the sovereign, and public authoritywithin their territories (Marongiu, 1968).

For all intent and purpose, the Kongful acted as a form of delegated government indisciplining family members at home and securing the Kongfu household againsttransgressors from without.Thus to observe that China has no institution of formal ‘‘police’’ might be technically

correct. But to imply that there is no informal ‘‘policing’’ in China before 1898 is a grossmisunderstanding as a result of fetishes with and pre-occupation of Western idea of‘‘police’’ (Daimin, 2001). The idea of police as we know it today is beholden to westernconception ideology (democratic61), organization (centralized, bureaucratic, specialized,professionalized62), style (legalistic, Wilson, 1968) and means (coercion, Klockars, 1985).In summation, the way forward in Chinese police studies is to take a different approach;

one that is informed by indigenous perspective and driven by empirical data, or simply amore context anchored, bottom’s up and facts driven approach.

4. Some personal reflections: a new research agenda

The above discussion suggests that there is a dire need to study police and policing inChina with an open mind. Particularly, to trace, analyze, and discuss recentdevelopments—ideology, philosophy, organization, law, operations—in Chinesepolicing within a broader context of Chinese history of social control and PRC politicalreform since 1979. This kind of study will help to discern historical legacy, emergingpatterns and speculate upon future trends. The hope is that this kind of scholarship cancontribute to our growing, albeit very superficial and tentative, understanding ofPRC police as an evolving entity and pragmatic enterprises63 caught between past dreamsand future hope, traditionalism and liberalism,64 ideological dogma65 and practical

arles Reith, Police Idea, its History and Evolution in England in the Eighteenth century and After (1938).

bert J. Reiss, Jr., ‘‘Police Organization in the Twentieth Century,’’ Crime and Justice, Vol. 15, Modern

g (1992), pp. 51–97.

a street level bureaucracy, police cannot help but be pragmatic in their outlook and practical in approach

oing the people’s business. O’Brien and Li (1999) (As street level bureaucrats, local cadres at village level

ltiplicity of responsibilities and competing demands. They have to be flexible in negotiating their duties and

sing their responsibilities.).

e ideological war between neo-conservative (in the guise of traditionism and nationalism) and radical

ratic forces (over rule of law and human rights) is far from over, particularly when the later suffered

ng influence after June 4. The conservatives are more emboldened than ever by increasing signs of reform

s, such as huge unemployment, gross inequality, and exploding criminality. The cultural implications, social

, and in the end political fallout, of such a war of words and ideas over reform direction and process have

be fully played out. In the meantime China forged ahead with the reform program under Deng’s last words

for pragmatism (‘‘It does not matter if the cat is white or black. If it can catch a mouse, it is a good cat.’’)

perimentalism (‘‘Crossing the River by Feeling Each Stone’’) Chen (1997).

C Constitution (Adopted at the Fifth Session of the Fifth National People’s Congress and Promulgated for

entation by the Proclamation of the National People’s Congress on December 4, 1982): The basic task of

tion in the years to come is to concentrate its effort on socialist modernization. Under the leadership of the

unist Party of China and the guidance of Marxism–Leninism and Mao Zedong Thought, the Chinese

of all nationalities will continue to adhere to the people’s democratic dictatorship and follow the socialist

steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system and


necessities;66 all the time struggling to maintain a semblance of continuity and order amidstfast pace, propitious and precipitous, political, economical, social and cultural changes anddisjuncture that is a reformed and reforming China.

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studying policing in china: some personal reflections

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