Deprivation of liberty in the People's Republic of China: concordance with international human rights Law

The recent visit of the United Nations Working Group on Arbitrary Detention to the People's Republic of China has revealed that deprivation of liberty in that country lacks the guarantees in the area of detention required by international human rights standards. This article analyses the principal characteristics of detention in China and compares them with international requirements. After an initial introductory section, which presents the main Chinese institutions with influence on the freedom of people, it analyses criminal and administrative legislation and it makes reference to some practical translations of this legislation. Finally, it indicates a series of measures which should be implemented in order to bring Chinese legislation and practices concerning the deprivation of liberty into line with international standards.