Commentary: China’s New Detention Rules Put Enforcers to the Test

Amid ongoing controversy, China’s system of “Residential Surveillance at a Designated Location” (RSDL) is set for significant, albeit cautious, reform. RSDL has been widely criticized both domestically and internationally due to issues of human rights abuses, lack of transparency, and insufficient legal protections for detainees. Recognizing these longstanding concerns, Chinese authorities are introducing reforms aimed at addressing systemic abuses, though the effectiveness of these changes will depend on their implementation and enforcement[para. 1].

In late October, a new document titled “Regulations on Lawfully Standardizing the Application and Supervision of Residential Surveillance at a Designated Location” circulated among China’s legal community. Jointly issued by the Supreme People’s Procuratorate and the Ministry of Public Security, the regulations—set to take effect on June 30—seek to centralize approval for RSDL, ensure that lawyers can access clients within 48 hours in most cases, and ban interrogations at RSDL facilities. These measures are verified and confirmed as authentic by insiders within the procuratorate[para. 2]. The intention of these new rules is to address the frequent abuses associated with the RSDL system, striking a balance between meeting the state’s investigative needs and protecting the rights of the accused, although concerns remain about whether these measures will be fully implemented[para. 3].

RSDL was formally integrated into China’s Criminal Procedure Law in 2012 as an alternative to formal detention. However, its enactment was highly contentious, with critics arguing that it legalized what had previously been extralegal detentions and eroded basic legal rights. The lack of checks and balances between police, prosecutors, and courts has made the system particularly susceptible to abuse, a problem that has persisted despite previous regulatory attempts[para. 4].

Although RSDL is intended to be less restrictive than formal detention, it reportedly accounts for just about 5% of total residential surveillance cases. Nonetheless, the way RSDL has been utilized has led to a wide range of serious issues[para. 5]. A 2016 empirical review by a Beijing prosecutor’s task force found severe lapses: in 32.4% of cases, oversight authorities were never notified; families of detainees were not informed in 7% of cases; and another 7% involved coerced confessions, torture, or other mistreatment. These problems are echoed by similar studies nationwide[para. 6].

The debate over RSDL’s existence has resurfaced as China’s legislature contemplates revising the Criminal Procedure Law again. Critics have long contended that RSDL is either underutilized or abused, often functioning more severely than an arrest while lacking oversight. Although calls for outright abolition have lessened, meaningful reform is recognized as a considerable challenge, especially in strengthening both internal and external supervision of state power[para. 7][para. 8].

Fan Chongyi, a prominent law professor, emphasizes that existing forms of oversight—both internal and from the procuratorate—are weak, enabling ongoing abuses. The new regulations attempt to reinforce internal supervision by tightening approval processes—a move closely monitored by the legal profession. However, external oversight by prosecutors is often ineffective, as reliance on periodic inspections is easily circumvented[para. 9][para. 10].

The guidelines notably fortify the role of defense lawyers by guaranteeing access to clients within 48 hours, with meetings to be unmonitored, unaccompanied by police, and not subject to undue restrictions, except in national security or terrorism cases—a change warmly welcomed by the legal sector as a major improvement for defendants' rights[para. 11]. Calls are increasing for authorities to publish regular reports and statistics, ensure transparency, and swiftly address errors, especially in high-profile cases, to maintain public trust[para. 12].

The overhaul of the RSDL system marks a crucial development. Observers hope that with these new standards, the abuses—some of which have resulted in scandal and tragedy—will be substantially reduced, if not eliminated[para. 13].