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UPDATED: May 28, 2007 NO.22 MAY 31, 2007
Does the Long Arm of the Law Need the Community’s Hand?
In the fight against crime, China’s communities are banding together to help police. But are these civilian warriors more of a help or a hindrance?
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By incorporating civilian anti-theft organizations, while providing the groups with legal and technical aid, the police are now trying to have volunteers insured, which will protect them in the case of injury or loss.

It is a fact that there is a lack of police in China and thieves are rampant in certain areas, so it’s an urgent task to standardize and make use of civilian organizations to cope with these criminals. Civilian anti-theft organizations are necessary, but in order for this system to progress, they have to act in accordance with the law and this requires the state to work out more explicit and practical laws and regulations to help them.

Sun Ruizhuo (chinacourt.org): It’s true that Chinese laws encourage citizens to fight against criminals and, apart from judicial and law enforcement departments, ordinary citizens are also entitled to act against criminals. Currently, China’s limited police force is incapable of coping with the level of robberies and this means anti-theft organizations will be a huge help in protecting people’s property.

However, how to standardize these organizations and how to protect their rights poses a big problem. In September 2006, a thief unexpectedly died after he was caught by vigilantes in central China’s Wuhan City, and as a result, volunteers involved in operation were taken into custody and may face criminal charges. This case shows the importance of standardizing and guiding civilian anti-theft organizations.

Having been incorporated into the police force, now, volunteers in Haikou have a legal identity, which will help them to face up to criminals with more confidence. Making them more aware of legal knowledge also means they can act legally without jeopardizing others’ legitimate rights. The tragedy in Wuhan should not be repeated. In addition, volunteers also need to be taught effective anti-crime techniques, which will also be of great help in the carrying out of their duties.

Li Jian (Dazhong Daily): The public regards thieves as a nuisance. Thieves frequently move from place to place, so to catch a thief is not an easy job for the police. In this scenario, civilian anti-theft organizations are helpful. However, not every reasonable action conforms to the law.

Law enforcement is a “privilege” granted to law enforcement institutions and no other organizations or individuals are allowed to share this right. From the legal perspective, anti-theft volunteers do not have the law enforcement right.

To catch thieves is a kind of law enforcement activity and an obligation entrusted on the police by the law. It is also a business that requires a high degree of technical expertise. Without special training, volunteers tend to neglect important procedures and evidence to prove thieves are guilty. This may make it more difficult for the police to deal with the consequences. Besides, to catch thieves is a risky job. Policemen use weapons to protect themselves against criminals, but in most cases, volunteers do not have such weapons and stand the risk of being injured.

Therefore, it’s necessary to give guidance to anti-theft organizations and bring them under control. Either they should be banned, or incorporated into the government’s formal institutions, where they can receive special training and also certain law enforcement rights. Haikou’s police are therefore doing the right thing.

 

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