The penal system in China is mostly composed of an administrative detention system and a judicial incarceration system. As of mid 2015, it is reported prisoners held in prisons managed by Ministry of Justice is 1,649,804, result in a population rate of 118 per 100,000. Detainees in Ministry of Public Security facilities is 650,000 as of 2009, which combined would result in a population rate of 164 per 100,000. China also retained the use of death penalty with the approval right reserved to the Supreme People's Court, and have a system of death penalty with reprieve where the sentence is suspended unless the convicted commit another major crime within two years while detained. There are discussion urging increased use of community correction, and debate are ongoing to have Ministry of Justice oversee administrative detainees as well to prevent police from having too much power.

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