The Power of the Police in China: Police Behavior and Human Rights Protection in Criminal Investigation Process

The exercise of the power of the police is usually the starting point of a criminal case and is of great importance, especially in China because the police department is very powerful. The abuse of the power of the police in investigation process is very likely to violate individuals' rights and lead to wrongful conviction cases. Therefore, proper regulation of the exercise of the power of the police during investigation is of utmost importance in achieving the goal of the criminal procedure law: fighting against crimes and protecting human rights. The 2012 Criminal Procedure Law Amendments include several rules regarding the police investigation and try to regulate the power of the police by incorporating the exclusionary rules, audio and video recording rules and special investigative techniques rules. Nonetheless, they are not likely to change the situation that the police department has too much unchecked power in China especially in the investigation process. It seems that the conflict between the police investigation and human rights protection still exists.