(Yicai) Nov. 26 -- Widespread public concern has been raised in China over cross-province profit-driven law enforcement, known as "distant water fishing," after two police officers in eastern Zhejiang province recently made an unauthorized cross-province arrest of an entrepreneur.

These cross-border law enforcement incidents are just the tip of the iceberg in profit-driven enforcement, significantly damaging the business environment and social order, said Wang Cailiang, honorary director of Beijing Cailiang Law Firm. There must be strict legal accountability and public oversight, he noted.

"Distant water fishing" typically involves law enforcement personnel targeting private entrepreneurs across jurisdictions, often illegally seizing, freezing, or transferring their assets.

According to a case disclosed by the Zhejiang Provincial People's Procuratorate, two officers from a county public security bureau in another province illegally carried police gear, including uniforms, handcuffs, and body cameras, to conduct cross-province operations. Referred to as Yang and Zhan, the two tried to solicit bribes under the guise of assisting in a legal matter.

On June 11 last year, Yang and Zhan took an entrepreneur called Shen from his home in Wujiang, Jiangsu province, and during the trip to the police station, Yang hinted that he could resolve the legal issues in exchange for money. However, Shen jumped out of the vehicle and escaped before reporting the incident.

Yang and Zhan were then sentenced to eight and seven months in prison, respectively, for abuse of power.

The abuse of power charge might not be appropriate in this case, as from a legal standpoint, kidnapping charges might have been more appropriate, according to Chen Yongsheng, a professor at Peking University Law School. If the officers acted on orders from their unit, the charge would stand, but since the operation was carried out without official authorization, they lacked the authority to detain or arrest individuals, Chen added.

The Yang and Zhan case highlights a growing trend where law enforcement agencies engage in unauthorized and profit-driven activities, with the economic pressures and tight local government budgets having exacerbated the "distant water fishing" practice. Such actions undermine business confidence and disrupt the broader economic and social fabric, necessitating stringent legal interventions.

According to experts, centralizing the handling of fines and penalties can help address the issue.

The central government should collect all revenue from fines and legal fees and allocate it through its budget without returning any portion to the case-handling units, Chen said. Alternatively, the government could redistribute these funds based on actual case-handling needs, he noted.

The procedures related to handling assets in criminal cases must be further refined to better protect citizens' property rights, Chen pointed out, adding that stricter oversight is also needed to limit judicial regionalism.

The root cause of profit-driven enforcement lies in insufficient power inspections and the low costs of legal violations, Wang said. "Many still view this as merely a violation of regulations by judicial personnel without understanding the severe damage such actions inflict on law and social order."

Resolving these issues requires rigorous enforcement of existing regulations and ensuring that public power operates strictly within the framework of the law, Wang stressed.

Editor: Martin Kadiev