Introduction
China has the largest population in the world with an estimate of over one billion (CIA, 2022).
The borders of China are surrounded by 14 countries (Terrill, 2015). Unlike the United States
(and other countries), China has only one political party: Chinese Communist Party (CCP)
(Terrill, 2015). People’s Republic of China (PRC) is the only ‘major’ country embracing
Communism (Terrill, 2015). According to research, the creation of the Constitution (1954) for
the PRC is merely a seemingly suggestive design for the government to put in place policies
regarding corruption – not to allow the freedom of the people (Terrill, 2015). Furthermore, the
collection of evidence has come into question (Zhang, 2020). Collectively, the Chinese policing
have been insufficiently able to conduct the collection of evidence because of the deficiencies
(confusion) in legislation (2020).
The gaps in proper procedures of policing and the Communist Party’s legislation, a concern of
human rights is an ongoing concern. Particularly against religious groups and prisoner organ
transplants (to name a few). Furthermore, if arrested in China, the US Embassy is not able to
assist in legal matter (Department of State, n.d.). Therefore, given a scenario of volunteering
time abroad (as a theologist student) one must take notice of the possibilities. In addition, this
presentation also includes the Christian worldview of the criminal justice structure in China.
People of China
Prior to the new legislation (2016), the Chinese government would not allow more than one child
per household – the new legislation allotted two (CIA, 2022). The purpose of the change in law
was to address the elderly population and the need for the future of the Chinese economy (2022).
In addition to the changes in the control of population (birth rates) the PRC lifted previous hukou
registration sanctions (2014) to allow agricultural families migrating from rural to urban areas a
better chance at gaining resources for the betterment of starting over (Meredith, 2022). The
hukou restrictions created hardship for any persons relocating between urban and rural (2022).
Religions in China consist of a mix including folk religion (21.9%), Buddhist (18.2%), Christian
(5.1%), Muslim (1.8%) and the largest population of non-affiliated (52.1%) (CIA, 2022). There
are two types of churches in PRC (1) unregulated – which is not sponsored by the government,
and (2) the Three-Self Patriotic Movement (TSPM) – which is sponsored and regulated by the
government (ERLC, 2018). Culinary differs between certain regions of China. For example, in
the south rice is grown and, in the north, the is more wheat and corn (Meredith, 2022). With a
population of over one billion, there are 56 ethnic groups with the main ethnicity being Han
(92%) (Meredith, 2022).
Scenario
As a Doctoral student, studying theology abroad, I decided it to be an experience of a lifetime if I
traveled to locations, rather than just reading books. China was among the list and rather than
travel along I made a choice to volunteer with a non-government organization (NGO), which is
under scrutiny within the borders of PRC since 2019 (Department of States, n.d.). I packed a
bible for comfort and study. I wore my cross necklace for a reminder and was able to get through
customs without a hitch.
After residing in China for a few weeks I was able to explore the beauty of historical landmarks
when I was confronted by local police. With minimal ability to speak the local language I did not
understand the purpose of detainment. The initial interrogation occurred within 24 hours of
detainment. I was informed of my right to counsel – yet, never received it. The policemen in the
room started at the cross pendant on the necklace I attempted to keep hidden – but must’ve come
over the collar of my shirt while being detained.
Through an interpreter I was asked about possible counterfeit items purchased for the NGO
assigned to. I repeatedly denied the accusations. I knew that the freedom of religion was merely a
documented slogan (written in the Constitution) by the CCP. I was briefed on the treatment of
Christians (and other groups) and warned to not wear my necklace out in public. Therefore, as an
American Christian, volunteering in a sanctioned NGO, without diplomatic immunity, and
during the height of another possible lockdown by the PRC – I assumed I would leave the
facility. Luckily, I was wrong. Unsure of the purpose for the false accusation of purchasing
counterfeit goods but one could assume it was a failed attempt to embarrass the United States,
Christianity, and the NGO I worked for. The procurator decided to not charge me a crime and
released under surveillance.
Transnational Issues & US Relations
Transnational issues include human trafficking of persons and illicit drugs (including fentanyl,
opium, and methamphetamine) (CIA, 2022). In addition to the transnational issues, there is also a
drug problem (drug addiction) within the borders of PRC (Terrill, 2015). In research from Lyu
(2022), it is estimated that between 10 to 20 thousand people are trafficked in the PRC annually
– mostly women. It is seemingly easier and cheaper to move people within the country than to
sell drugs because the laws (legislation) have shown to be more lenient in such cases (Lyu,
2022).
The relationship between PRC and United States is a complicated matter. According to an article
from Mourdoukoutas (2019), the biggest wedge between the United States (and other countries)
and China is the South China Sea and Africa – because of China staking claim to trading
waterway capabilities. With the United States being the largest donor to Africa and PRC wanting
Africa to become a ‘second continent’ to China (Mourdoukoutas, 2019). In an article posted in
the Aljazeera (2022) news, President Xi stated (summarized) that China is willing to work with
(not against) for world stability and peace. It is no secret that China is the United States biggest
competitor in the global market (Huang, 2020).
Economy of China
Historically, China has been a ‘peasant-based society’ with roughly 10 percent of its land used to
cultivate agriculture permanently (Terrill, 2015, pp. 464-465). However, in the past few decades,
PRC has launched an economic shift in power. People’s Republic of China (PRC) has an
unwavering desire to become the dominant nation of the world in economics, medical, and
military (to name a few) (Ratcliffe, 2020). China often exerts influence through its Belt and Road
Initiative (BRI) by having countries sign for loans (or other business ventures) and is said to
collectively gather information by means of stealing (ideas) from numerous countries – to
include the United States (Third Way, 2020). PRC initiated the Asian Infrastructure Investment
Bank (AIIB) in 2016 to assist in the BRI expansion (Huang, 2020). The AIIB differs from the
World Bank and International Monetary Fund by zoning in on the infrastructural development
for outlining countries (not yet developed majorly) (Huang, 2020).
According to the Trading Economics(n.d.) 2022-2023 forecast China’s Gross Domestic Product
(GDP) was worth 17734.06 billion (in USD) for 2021, representing .85% of the world. The
unemployment rate is 5.5% (2022) (Trading Economics, n.d.). The largest exported product is
electronics with a multitude of other items in the billions of dollar amounts (n.d.). Imported items
from various countries is an estimated value of 213.22 billion (USD) in October 2022 (n.d.).
Government Structure/United States Comparison
To become President of the PRC, one must be 45 years old and can serve only five years for two
consecutive terms (Terrill, 2015). Whereas, in the United States, Article Two of the Constitution
outlines the age of 35 years old as a requirement with a four-year term (only serving two terms
allotted) (Kiger, 2021). The United States has multiple parties within the governmental structure:
Republican, Democrat, and Independent. The People’s Republic of China (PRC) only have the
Chinese Communist Party (CCP) (Terrill, 2015).
Furthermore, unlike the United States – the Constitution put in place post Qing Dynasty (1911) is
not a document that is solely followed. Because of the lack of a higher court holding the
government accountable for their actions, the Constitution is more of a public policy enforcer
toward corruption (2015). Prior to the Police Law of 1995, the criminal justice system was more
of an informal process. Policing is made up of three groups (1) public security, (2) People’s
Liberation Army (PLA) – for the Communist Party, and (3) militia – border patrol (Terrill, 2015,
p. 486). Police Law (1995) establishes the organizational outline, authoritative distinctions, and
duties (2015). One of the biggest concerns for the Chinese government is corruption within
policing organizations (2015). To combat such possibilities, the government put in place a four-
tier supervisory role to seemingly ‘police the police.’ However, the people do not have
confidence in the policing mechanisms.
Legal Process
The four-tier structure of supervision for policing is in place to prevent police from abusing their
authority (Terrill, 2015). Policing in PRC is more of a ‘rule by law’ verses the ‘rule of law’
witnessed in other countries (2015, p. 497). With this approach, the criminal detention authorized
by the Communist Party, allows suspects to be detained up to 30 days without the ability to speak
to family members (2015). The courts of China include the Higher People’s Court, Intermediate
People’s Court, Basic People’s Court, and People’s Tribunal (Terrill, 2015, p. 509). All of which
are supervised by the Supreme People’s Court and Ministry of Justice (2015). Much like Russia,
defense lawyers are not typically involved unless there is a court appearance requirement.
Although the PRC has ‘adopted’ some of the Western procedures of criminal justice there have
been numerous accusations that the Chinese resorts to a coercive method to get the accused to
falsely admit guilt (Huang, 2014). In addition, unlike the Western optimization that law
outweighs politics – in China it seems to be opposite, where the politics outweigh the law
(Xiaodong, 2017). From the confusion (gaps) in criminal justice legislation and the collection of
evidence research study shows that the issues will continue because of the attitude of police
being insignificant (Zhang, 2020). Therefore, the questionable actions of PRC policing have
exposed human right concerns.
Human Rights
According to research by Chen (2019), the PRC (and Russia) proposed budget cuts to the United
Nations (UN) to on human rights work. In addition, the PRC has been known to harass and
detain human rights activists and religious groups (2019). In research from O’Brien (2022) there
has been a growing repression in PRC that has pushed NGOs, Pasters, and lawyers to adapting to
their new normal. Rather than resisting or withdrawing from their work, they have altered
methods to steer clear from the ‘red lines’ of controversial topics (O’Brien, 2022). NGOs have
modified their position to allowing the government to take credit for the ‘good work’ and staying
clear of human rights activists so that they can continue their efforts.
Another example of human right violations includes the harvesting of organs from prisoners
(Paul et al., 2017). According to research conducted by Paul et al. (2017) prior to 2010 an
estimated 90% of transplanted organs were from prisoners in China. At the end of 2014 the PRC
government announced that it stops the process – however, there has been no laws or regulations
put in place. Although the organs were transplanted from executed prisoners the prisoners did not
consent and experienced torture by still being ‘alive’ during the process. An example of this
inhumane treatment is a prisoner being shot but not killed to complete the process of vital organ
transplants (Paul et al., 2017).
Christian Worldview
In a Communist society (unlike the teachings of the Bible) giving (in a communist stance) is a
requirement and not given out of love (biblical) (2 Corinthians 9:7, KJV). Dr. Martin Luther
King Jr (1953) outlined Communism as being a challenge to Christian ways in a sermon by
stating (in summary) the is no morality or divinity in the methods of a Communist leader.
Therefore, the prevention (repression) of Christianity by the detention (imprisonment) of law
enforcement (by government rule) in China are of concern from a Christian worldview.
In addition, the legislation and laws enacted (sometimes followed by interpretation) by the CCP
the treatment of members in the community is inhumane, unfair, and at times horrific. Matthew
7:2 (KJV) reminds us that we will be judged by the way we judge others. Psalm 82:3 (KJV)
states, “give justice to the weak and the fatherless; maintain the right of the afflicted and the
destitute.” Research has shown that the criminal justice system in China is flawed to say the
least. Moreso reminding the Christian world “a just king gives stability to this nation, but one
who demands bribes destroys it” (Proverbs 29:4, KJV).
Conclusion
Prior to the 1979 reform in the People’s Republic of China (PRC) there was a lack of a viable
criminal justice system (Terrill, 2015). Defendants have the right to counsel if they are subjected
to appear before a court. However, the process that the police collect evidence is questionable
(Zhang, 2020). According to research conducted by Zhang (2020), the police are seemingly not
impressed by the need to complete paperwork properly as evidence, but typically adheres to
more of a local ‘rule’ regarding procedures verses the legislation in place by the government.
PRC presumably focuses on the performance of individuals verses the rights of individuals and
challenges to detain (or place fear) into anyone that opposes the China Communist Party (CCP)
(Chen, 2019).
In addition to the lax of legislation enforcement (or choosing when to enforce) there is an issue
with human trafficking in PRC (Lyu, 2022). Human rights violations not only include human
trafficking, but the treatment of NGOs, lawyers, and religious personnel as well. Furthermore,
prisoners with a death penalty have found themselves to be kept alive long enough to harvest
organs for transplantation (Paul et al., 2017). The entirety of the CCP in PRC (including law
enforcement and judges) would benefit from Philippians 2:3, “let nothing be done in strife or
vainglory…” (KJV).
References
Al Jazeera. (2022, October 27). Xi Jinping says China and US must ‘find ways to get along.’
News | Al Jazeera. https://www.aljazeera.com/news/2022/10/27/chinas-xi-says-willing-
to-work-with-us-for-mutual-benefits
Chen, Y. (2019). China's challenge to the international human rights regime. New York
University Journal of International Law and Politics, 51(4), 1179-1222.CIA (2022).
China. The World Factbook. Retrieved from https://www.cia.gov/the-worl-
factbook/countries/china/
“Communism’s Challenge to Christianity.” (2021, May 25). The Martin Luther King, Jr.,
Research and Education Institute. https://kinginstitute.stanford.edu/king-
papers/documents/communisms-challenge-christianity
Department of State (n.d.). China International Travel Information. Retrieved from
https://travel.state.gov/content/travel/en/international-travel/International-Travel-
Country-Information-Pages/China.html
Ethics and Religious Liberty Commission (ERLC) (2018). Christians in China Facing Increasing
Persecution. Retrieved from https://erlc.com/resource-library/articles/christians-in-china-
facing-increasing-persecution
Huang, P. C. C. (2020). A New Integrative Vision: China’s Belt-Road Initiative and Its Asian
Infrastructure Investment Bank. Modern China, 46(5), 463–489.
https://doi.org/10.1177/0097700420929273
Huang, P. C. C. (2014). Morality and Law in China, Past and Present. Modern China, 41(1), 3–
39. https://doi.org/10.1177/0097700414553923
Kiger, P. (2021). The 8 Oldest Presidents in History. The Founding Fathers Only Set an age
Minimum for US Presidents – not a maximum. History. Retrieved from
https://www.history.com/new/oldest-us-presidents
King James Bible. (2017). King James Bible Online. https://www.kingjamesbibleonline.org/
(Original work published 1769)
Lyu, C. (2022). Analyzing Domestic Women Trafficking in China. Proceedings of the 2022 3rd
International Conference on Mental Health, Education and Human Development
(MHEHD 2022). https://doi.org/10.2991/assehr.k.220704.219
Meredith, A. (2022, February 12). Chinese Society | Social Diversity in China | Chinese
Language Institute. CLI. https://studycli.org/chinese-culture/chinese-society/
Mourdoukoutas. (2019). The Biggest Problem Between China And The United States Isn’t The
Trade War. Forbes. https://www.forbes.com/sites/panosmourdoukoutas/2019/01/19/the-
biggest-problem-between-china-and-the-united-states-isnt-the-trade-war/?
sh=5e59a8a23d8d
O’Brien, K. J. (2023). Neither Withdrawal nor Resistance: Adapting to Increased Repression in
China. Modern China, 49(1), 3–25. https://doi.org/10.1177/00977004221119082
Paul, N. W. et al. (2017, February 8). Human rights violations in organ procurement practice in
China - BMC Medical Ethics. BioMed Central.
https://bmcmedethics.biomedcentral.com/articles/10.1186/s12910-017-0169-x
Ratcliffe. (2020). China Is National Security Threat No. 1: Resisting Beijing’s attempt to reshape
and dominate the world is the challenge of our generation. WSJ Opinion. Retrieved
December 4, 2022, from https://www.wsj.com/articles/china-is-national-security-threat-
no-1-11607019599
Terrill, R. (2015). World Criminal Justice Systems: A Comparative Survey (9th ed.). Routledge.
Third Way. (2020). 2020 Country Brief: China. Third Way. Retrieved from
http://www.jstor.org/stable/resrep26161
Trading Economics. (n.d.). China GDP - 2022 Data - 2023 Forecast - 1960-2021 Historical -
Chart - News. Retrieved from https://tradingeconomics.com/china/gdp
Xiaodong, D. (2017). Law According to the Chinese Communist Party: Constitutionalism and
Socialist Rule of Law. Modern China, 43(3), 322–352.
https://doi.org/10.1177/0097700416686731
Zhang, L. (2020). A Path to Standardizing Material Evidence Collection in Chinese Criminal
Justice. Modern China, 47(1), 85–121. https://doi.org/10.1177/0097700420922549
