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Juvenile Delinquency among Criminal Cases by the People’s Courts (1999-2001)[3]
Year Total Offenders Young Offenders (at 14-18) Proportion To Total (%)
1999 602380 40014 6.64
2000 639814 41709 6.52
2001 746328 49883 6.68
PUBLIC SECURITY ORGANS
1. Administration
The public security organs are an important part of the government. They are both an administrative arm and a judicial organ since they are in charge of criminal investigations, playing an important role in cracking down on crimes and maintaining social security.
In the People''s Republic of China, the police agencies include the Ministry of Public Security at the central level, the local public security organs at various levels and public security forces for railways, highways, navigation, air transport, forests and other fields.
The organizational structure from top to bottom is: Ministry of Public Security, Provincial Public Security Departments/Bureaus, Prefectural Public Security Departments/Bureaus, County Public Security Bureaus, and Local Police Stations.
The Ministry of Public Security, which operates under the State Council, is the highest police agency in the country. Local public security agencies are responsible for the public security in their respective localities under the dual leadership of local government and higher public agencies. The public security forces for railways, highways, navigation, air transport, forests and other special fields are under the administrative leadership of their respective ministries or departments and the professional leadership of higher public security agencies. They cooperate closely with the local public security agencies.
2. Responsibilities of the Public Security Organs
According to the Criminal Procedure Law of China, the public security organs shall be responsible for investigation, detention, execution of arrests and preliminary inquiry in criminal cases.
1) Accept and File the Cases
The public security organs shall, upon discovering facts of crimes or criminal suspects, file the cases for investigation within the scope of their jurisdiction. Any unit or citizen, upon discovering facts of a crime or a criminal suspect, shall have the right and duty to report the case or provide information to a public security organ which shall accept all reports, complaints and information.
2) Collection and Obtain Evidence
With respect to a criminal case which has been filed, the public security organ shall carry out investigation, collecting and obtaining evidence to prove the criminal suspect guilty or innocent or to prove the crime to be minor or grave.
3) Detention and Execution of Arrests
The public security organs may initially detain an active criminal or a major suspect, and shall immediately arrest the criminal suspect or defendant who could be sentenced to a punishment of not less than imprisonment.
However, arrests of criminal suspects or defendants shall be subject to approval by a people''s procuratorate or decision by a people''s court and shall be executed by a public security organ.
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