What Is Administrative Detention? – Law In A Minute

What Is Administrative Detention?

Administrative detention is the strictest form of punishment under Administration Punishment Law for minor offenses. It’s like getting detention from your high school teacher, but from the government. I also remember getting detained after school for shooting rubber bands at my classmates and I had to stand there like a scarecrow for an hour. However, it’s not a criminal punishment, so you won’t have a criminal record. Think of it as a very stern note in your file rather than a black mark on your permanent record.

 

Common reasons of getting administrative detention include street fighting, prostitution, smoking weed, illegally working in China and overstaying your visa. You can be detained for up to 15 days in a detention centre, which I assure you is certainly not fun. If the police decide to deport you, you might even be stuck in the centre for another month or two until they put you on a plane back home.

 

For those of you worrying about your future prospects, fear not! Administrative detention typically won’t affect your day-to-day life, career, or schooling. It’s more like an official slap on the wrist. But yes, the police will keep a record of your naughty behavior, and this will remain on your file forever.

 

Here’s the kicker: while administrative detention isn’t a criminal record, the police will remember your antics. You will face trouble when you try to apply for a residence permit in the future, whether it be a residence permit for work, a reunion permit or any other type, which means that the likelihood of being rejected goes straight up.