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Commercial Law in China and Argentina

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Introduction

Commercial law, often referred to as trade law or mercantile law, is the body of legislation that governs the rights, relationships, and conduct of individuals and businesses engaged in business, merchandising, trade, and sales. Commercial law is divided into two categories: contractual law and tort law. It is frequently referred to as a part of civil law since it deals with topics that pertain to both private and public law. Commercial law encompasses such titles as principal and agent, carriage by land and sea, merchant shipping, guarantee, marine, fire, life, and accident insurance, bills of exchange, negotiable instruments, contracts, and partnership, among other things. Commercial law is divided into three categories. Many of these categories are under the purview of financial law, which is a branch of commercial law that is concerned with finance and the financial markets in particular. It can also be interpreted as regulating company contracts, employment procedures, as well as the manufacturing and selling of consumer products. In a large number of states, civil codes that provide thorough formulations of their business law have been approved. This research examines the differences and similarities in commercial law between Argentina and China.

Legal System

Legal System and Judicial Order

ARGENTINA

Argentina is a federal state divided into 23 provinces and the Autonomous City of Buenos Aires, which serves as the capital of the country (Dupont, Sanson, Alvarez, and Atim, 2021). The federal government is divided into three branches: the executive, the legislative, and the judicial departments of government. Every province, as well as the City of Buenos Aires, has its own legislation and governmental branches, which are distinct from those of the country. Chilean and Argentine legal systems are based on the civil law system. The federal legislative branch is responsible for enacting federal, civil, economic, criminal, and labor legislation, whereas each municipal government is responsible for enacting procedural legislation. The Supreme Court of Justice is the apex of the federal judicial system, and it is responsible for determining admissibility within the constitution. Lower and appellate courts are also part of the federal judicial arm of government. Each one of the local judiciaries has its own lower appeals and supreme courts, as well as its own lower appeals court. Local courts have authority over issues involving civil, commercial, criminal, labor, and local legislation; federal courts have jurisdiction over cases involving the federal government and federal legislation.

CHINA

China is regulated by a communist legal system with Chinese traits, which is founded on the civil law system. China is the world’s largest economy. Established on a codified constitution as well as laws and regulations passed by the National People’s Congress and its central committee, the legal system is a multi-layered one. Founded in 1949, the State Council is China’s supreme administrative authoritative figure. It is supported to propound legal frameworks, and its constituting departments and sub-agencies are equipped to propound legally enforceable administrative procedures such as rules, choices, and guidelines, as well as to issue administrative regulations. Within their various domains, provincial and municipal assemblies, as well as their regional and local equivalents of the national administrative agencies, also exercise legislative and administrative functions, as well as other responsibilities. In order to avoid misunderstandings with their higher national-level equivalents, local laws and administrative papers need not contradict with each other.

The Chinese legal system is made of several tiers of courts, the most important of which are as follows.

• The Supreme People’s Court (Supreme People’s Court).

The following types of local people’s courts are available: 1. higher people’s courts at the provincial level; 2. intermediate people’s courts at the municipal level; and 3. basic people’s courts at the district or lower level (such as railway courts and maritime courts).

The Supreme People’s Court is the highest judicial authority in the Chinese legal system, and it has supervisory responsibility over the actions of other courts. It is located in Beijing (Tang et al., 2021). However, some instances have significant reference significance in China. Generally, court decisions in China do not function as legally binding precedence. China has instituted a “two-instance” trial procedure to ensure fairness. Proceedings are first examined by a court that has jurisdiction over the case in which they are being brought. A petitioner who is dissatisfied with a verdict during the first occasion has the right to appeal to the tribunal at the next superior stage even before verdict becomes final. It is the people’s procuratorates who act as public prosecutors in criminal prosecutions, and they are organized into tiers similar to those of the people’s courts. The procuratorates are responsible for approving incarceration made by public security agencies, conducting investigations into criminal crimes, instituting and prosecuting criminal prosecutions, and supervising the execution of convictions. A supervising role is played by the Supreme People’s Procuratorate over the actions of procuratorates at all levels of government. It is the responsibility of the Supreme People’s Court and the Supreme People’s Procuratorate to interpret the applicability of laws that have arisen from judicial practice.

Restrictions to Foreign Investments

Approval of Foreign Investments

ARGENTINA

Local as well as foreign investors have equal opportunities under the Argentine law and regulations, and foreign direct investment is not normally subject to prior clearance by the officials (Medina, 2013). Argentina has signed bilateral investment treaties with a number of nations, enhancing the protection afforded to foreign direct investment in Argentina.

The Companies Act – In accordance with the Companies Act (Act 19,550, as amended) (CA), each and every multinational corporation desiring to obtain an equity investment in a local firm (irrespective as to whether this symbolizes a controlling stake) or hoping to perform normal business in Argentina should first sign up with the Public Registry of Commerce, create a permanent address for service, as well as hire a private lawyer in Argentina.

The Frontier Securities Zone Act -The Frontier Securities Zone Act (Decree 15,385/44 as amended) (FSZA) governs the procurement of rural real estate holdings and some other urban property investments located in frontier regions by oversea persons or foreign corporations (along with, under this description, local firms governed by foreign corporations or with a 25 percent share capital by foreign corporations). It also governs the transfer of shares in corporations that control real estate assets, as well as any corporate restructuring procedures conducted by the corporations in question.

The Cultural Assets Act- In accordance with the Cultural Assets Act (Law 25,750) (CAA), foreigners and overseas corporations, as well as local firms directly or indirectly governed by foreigners, are prohibited from owning over 30% of the capital investment and votes of media organizations (namely publications, magazines, radios, internet companies, broadcast tv, digital and audio-visual content creators), with the remaining 70% being possessed by Argentine agencies (that is, Argentine citizens or foreign or local corporations governed by Argentine citizens). This restriction is not applicable in nations where this sort of property is specifically excluded from the scope of the relevant bilateral investment agreement (for example, the bilateral investment agreement with the USA).

The Audio-visual Communication Services Act – Additionally, the Audio-visual Communication Services Act (Act 26,522) (ACSA) prohibits organizations with audio-visual broadcasting licenses from entering into organizational associations with oversea media organizations or from becoming subsidiary firms or associates of foreign corporations, among other things (Dupont, Sanson, Alvarez and Atim, 2021). As a result, the description of subsidiary or affiliate is not specified by the Act in this circumstance. The ACSA replicates the prohibition on the shareholding in regional broadcasting businesses that was enacted by the Communications Act of 1934.

The Protection of Rural Lands Ownership Act – It is prohibited for non-resident persons (with some exclusions) or corporations to own or acquire rural land (together with corporations in which outsiders have governing equity interests). “Rural land” is described as any real estate property situated beyond the city boundaries under the Protection of Rural Lands Ownership Act (Act 26,737) (PRLO). It is prohibited for foreigners to own or control over 15 percent of the total volume of rural land in Argentina, according to the law governing foreign ownership. Overseas investors are also prohibited from owning or possessing well over 15 percent of the total rural land in just about any one province or administrative department. Furthermore, overseas investors of the same citizenship are prohibited from owning or possessing more than 30 percent of the total amount of rural land owned by foreign owners collectively. Furthermore, one foreign owner is prohibited from owning well over 1,000 hectares in the core region, or an equal quantity in other areas to be approved by the governing body. The understanding of these limitations will also be influenced by the real estate rights that are relevant to the asset. Lastly, overseas investors are barred from acquiring a stake in rural land that is next to waterbodies of particular significance. In order for an immigrant to acquire a piece of rural land, he or she should first obtain permission from the National Registry of Rural Land. More generally speaking, any transition in the composition of corporate capital of local firms that entitles them as foreign owners of rural land (or that, as a consequence of stated change, will meet the criteria or subside to qualify them as overseas investors) ought to be made clear to the law enforcement agencies in order to ensure that they comply with the PRLO is documented. The PRLO’s restrictions do not apply to parcels of property that will be used for the production of renewable energy.

Procedure and Sanctions in the Event of Non-compliance

Registration under the CA

An international institution’s organizational documents, as well as corporate resolutions authorizing the enrolment, providing a location in Argentina for service of process, and assigning a legal representative are required for registration under the CA (Dupont, Sanson, Alvarez and Atim, 2021). It is necessary to file these records with the Public Registry of Commerce, which has the authority to make assessments and necessitate the production of additional documentation. Depending on the municipality, the registration procedure can take anywhere between three and four weeks. If international corporations owning shares fail or refuse to register, they will be unable to vote or claim their rights as equity investors in a valid manner. Major corporations that run their businesses on a routine basis in Argentina are not subject to any particular sanctions under the CA for failing to register, despite the fact that this can lead to a violation of other laws, like labour, tax, and social security rules.

Obtaining a permit under the FSZA

Foreign corporations must file a filing with the Internal Affairs Ministry under the FSZA, which includes various documents issued by the Ministry, company data (– for example, corporate bylaws, board member appointments, latest bank disclosures, shareholder identification), certifications of board members’ criminal records, and an investment project to be executed at the real estate assets. The investment company is responsible for submitting the paperwork. Purchasing property assets with a surface of less than 5,000 sq. m and not for commercial uses in some of these urban centres has been excluded from the necessity to acquire prior approval, and in other urban centres that are not explicitly listed, purchasing real estate holdings with a surface area of less than 5,000 square metres and not for commercial reasons has also been excluded from the necessity to acquire prior approval. According to the FSZA, prior to granting the deed transferring possession of the pertinent real estate asset, the final approval must be acquired; as a result, ownership of the property cannot be obtained.

Observance of the PRLO’s requirements

According to the PRLO, even before the acquiring of rural land, a web documentation with the National Registry of Rural Land has to be completed, in which data about the acquisition, the real estate, and conformance with the boundaries imposed in the PRLO is provided, as well as whether or not the asset falls within the regulations of the FSZA is indicated (Dupont, Sanson, Alvarez and Atim, 2021). When all of the prerequisites have been fulfilled, the Registry will issue a certificate designed to allow the exchange deed to be executed, which should actually happen within 120 days of the date of the certificate being issued. In most cases, this procedure takes around one month. It is necessary to report any alteration in the shares of a local firm that meets the definition as a non – resident holder of rural land (or that, as a consequence of said alteration, would become or simply stop to be an international owner) to the National Registry of Rural Land within 30 days of the transfer in order to ensure conformance with the constraints imposed by the act. In most cases, this certification process takes around a month. Every act that breaches the PRLO’s requirements is null and void, and the involved entities are jointly accountable for any harm produced as a result of the breaches in question. It is specifically stated that, in the event of the purchase of shares, the purchase must be informed within 1 month of the conclusion of the transaction.

Commitments Required from Foreign Investors

It is in the country’s interest of Argentina that all resources located near the nation’s territory are owned by its residents, and this is the underlying principle of the (FSZA). As a result, authorization is given only in exceptional circumstances, and it is contingent on the entrepreneur (or its shareholders and officers) presenting proof that they have not been convicted of felonies impacting public safety, as well as proposing an investment proposal for the advancement of the procured property. According to the standards, the project is evaluated based on whether it is of national, provincial, or municipal importance as determined by the competent authority, essential to the social and economic growth of the area in which it is situated, will be put in place in impoverished areas, and will primarily hire Argentine workers. Argentine employees are the majority of those employed by foreign companies.

Right to Intervene in the Dispute

If the relevant agencies make a negative judgment, the decision can be contested by submitting an application for reconsideration to the superiors of the appropriate authority. Should the verdict of the governmental bodies be affirmed, the litigants will have the right to file an appeal with the Courts of Justice. Argentina’s judicial processes are extremely time-consuming.

CHINA

When it comes to foreign investing, China has taken a negative list strategy. Foreign direct investment is normally allowed without clearance in industries where foreign investment is neither banned or limited under the Special Administrative Measures for Foreign Investment Access (the Negative List) (Jia-wei, 2005). Currently, regulated sectors encompass telecommunications, schooling, and health services, whereas forbidden sectors comprise broadcast, publishing, and other related activities, among other things.

Regulated sectors are subject to specific formal procedures, which often involve stock restrictions, citizenship prerequisites for the legal representative as well as senior executives, and other restrictions on business operations (Tang et al., 2021). Obtaining a pre-investment license from the qualified industry regulator or, if neither exists, applying for evaluation by the local counterpart of the State Administration for Market Regulation is recommended to international investors interested in investing in strictly regulated industry segments in order to ensure conformity with the Negative List (SAMR). International investors could be subject to additional pre-investment administrative permissions or licenses, in addition to the Negative List system, that are applied to every investor, like anti-monopoly assessment, national security assessment, and industry-specific licences.

Procedure and Sanctions in the Event of Non-compliance

The Foreign Investment Law, which became applicable on January 1, 2020, establishes a comprehensive mechanism for government clearances and permissions for international investors, which includes the following provisions.

• A preliminary anti-monopoly assessment, which is required prior to the closure of cross-border purchases leading to changes of control or, in some situations, the formation of a partnership that satisfies specified criteria.

• Pre-closing approval for international investment having consequences for public safety is required under the National Security Review Act (NSRA).

• In order to proceed with an international investment project that involves fixed asset expenditures, the project should be approved or a record-filing has to be completed prior to the project’s initiation.

• Industry-specific licenses – they are required for particular commercial tasks that needs regulatory permission from the relevant sector and, in the majority of situations, can only be acquired after the foreign-invested corporation has secured its operating license.

When it comes to the above-mentioned licenses and permits, the timing is frequently dependent on the size and complexity of the assessment procedure (Behr, 2006). Failure to obtain necessary clearances and licenses from the appropriate authorities may have negative effects for international investors as well as their assets. An international investor who makes an unapproved venture in a regulated sector will first be compelled to make changes and take the steps necessary to bring the transaction into compliance with the rules. If this is not done, the investment may be forced to be repaid in full. Noncompliance concerns may also have a detrimental influence on the entrepreneur’s social credit rating, making it much more complicated to get funding and qualify for government programs that are advantageous to small businesses, among many other serious ramifications.

Foreign investors are required to make certain commitments.

Apart from a broad agreement to abide with Chinese regulations, Chinese officials normally do not ask investors to make any specific commitments before investing in their country. There are certain exceptions (Tang et al., 2021). The State Administration for Market Regulation (SAMR) can place stringent requirements on anti-monopoly approval, like mandating asset divestment or decrease in ownership, or mandating the completion of specific measures.

Right to File an Appeals

Investors who disagree with unfavourable administrative judgments may, in theory, appeal them via a complaint system, administration reassessment with the agency, or administrative lawsuit in court. It is rare for businesses to dispute a regulatory government’s choice not to grant necessary permits in actuality since pursuing legal proceedings against the government would be time-consuming and uncertain.

Tax Law

ARGENTINA

Taxes Applicable to Employees/Employers

Individual Income Tax (IIT) is levied on staff on an annual basis at a progressive rate tend to range from 5 percent to 35 percent of their total income (that is, gross salary less particular deductions, such as personal taxes and fees, worker social security taxes, and particularly unique deductions, such as interest paid on housing loans and mortgage repayments, among other things) (Marzorati, 2007). This tax is withdrawn from the worker’s wages on a monthly by the employer. Workers are subject to social security payments at a rate of 17 percent of their gross wage (which comprises contributions to social health and a pension scheme). Social security taxes are deducted from a worker’s gross compensation. The employer is required to withhold this sum from the employee’s paycheck. The taxable basis is typically limited at ARS225,000, which is a significant amount (approximately USD 2,250).

Employers are required to make monthly payments to the Social Security Administration. The relevant tax rate is determined by whether or not they classify as a small or medium-sized enterprise (SME) (small or medium-sized company). A total income tax rate of 24 percent is currently levied on the gross wage of a worker by small and medium-sized enterprises, whilst a rate of 26.4 percent is levied on non-SMEs whose primary business activity (gross income) is associated with services or commerce. Employers are required to transfer into the National Social Security System on a monthly basis the sums deducted from their workers’ salaries (personal income tax and social security taxes), as well as their individual social security taxes, to which they are subject. If an organisation fails to transfer the payments made by its employees, serious penalties and criminal charges may be levied against him or her.

Taxes that apply to corporations

Corporate Income tax- Recent amendments to the Income Tax Act have been made in association with corporate income taxes (CIT). In accordance with current legislation, the fixed tax rate (30 percent) applicable until fiscal year 2020 will be replaced by a progressive tax rate based on the following criteria:

• if the net income of the company does not exceed ARS5 million (approximately USD50,000) in the fiscal year, a 25 percent tax rate will apply;

• if the total income range surpasses ARS5 million although less than ARS50 million (around USD500,000), a tax rate of 30 percent will apply

Corporations that are domiciled in Argentina are subjected to CIT on a global income framework, meaning that they are taxable in Argentina on both their local-source earnings and their international-source revenues (Dupont, Sanson, Alvarez and Atim, 2021). Corporations, subject to particular limitations, can claim as a tax credit equal income tax payments made overseas on foreign-source income in the form of a tax credit. Non-resident corporations are solely subject to taxation on their income derived from sources in Argentina. Whenever a corporation has a net operating loss, the decline can be applied to lower the company’s income tax liability for the next five fiscal years. It is possible to deduct some particular losses from income made from similar sources, like capital losses from the stock trade, bonds, or other securities made by Argentine enterprises, but only against profits obtained from same sources.

Dividends- Dividends issued to international shareholders (whether corporations or individuals) are subject to a 7 percent withholding tax. Profit remittances paid by branches to their parent company are subject to similar dividend tax as dividends received by the branches. Dividends paid to Argentine people are likewise subject to a 7 percent tax, however dividends dispersed by an Argentine firm to some other Argentine corporation are exempt from taxation in both countries.

Withholding Tax -The withholding tax (WTX) is charged whenever an Argentine corporation pays interest to overseas recipients. The tax rate varies based on the nature of the creditor, but it is usually between 15.05 percent and 35 percent of the amount paid. It is possible that the tax rate will be decreased if a DTT is applied to the transaction. Argentine companies are allowed to deduct interest paid on their debts up to a specific maximum, which is subject to certain restrictions.

Depending on whether such resources are offered in Argentina or if the contract offering for the services has been certified with the National Institute of Industrial Property, royalties for services associated with technical assistance payments to foreign recipients are liable to WTX at a rate of 31.5 percent, 28 percent, or 21 percent, respectively. The value of royalties paid for trademarks and patents is subject to WTX at a rate of 28 percent. WTX is applied to other royalties for services at a rate of 31.5 percent. If a DTT is in effect, the tax rate that is applicable may be decreased. The royalties payable are regarded taxable expenditures for the Argentine corporation, subject to specific restrictions and limitations.

Value Added Tax. -Persons and legal companies engaged in business operation on Argentine territory are subject to value-added tax (VAT), which is levied on the sale of commodities, the supply of services, and the importation of goods (including that of the importation of services). Exported products and services are subject to a zero-percentage tax rate, and the exporter has the right to obtain a tax refund in order to recoup the value-added tax (VAT) that the exporter has paid to third parties. The general value-added tax (VAT) rate is 21 percent. Sales of products and services that are subject to a lower tax rate of 10.5 percent, like interest and commission levied in conjunction with loans made by financial institutions that conform to the criteria of the Basel Committee on Banks, are exempt from the taxation.

Tax on Deductions and Credits- According to the debits and credits tax, debits and credits in bank accounts are taxed at a rate of 0.6 percent for debits and 0.6 percent for credits, for a total tax rate of 1.2 percent. Based on how the account is used, there are some notable exceptions. Corporations are entitled to compute a tax credit against CIT for up to 33 percent of their debits and credits in tax contributions, according to the IRS. Small and micro businesses that are eligible for the SMEs regime are permitted to compute 100 percent of their CIT payments from their gross receipts before taxes.

Customs Duties on Exports- Exports of services will be treated as commodities under the Customs Code during fiscal years 2019, 2020, and 2021, and will be subjected to a specific export tax during those periods. This export duty has been implemented at a rate of 5% of the sum billed for the export of services, with the rate being adjusted annually. For SMEs, a non-taxable minimum level of ARS60 million (about USD600,000) per year is set aside as a tax exemption.

Assets subject to wealth tax – Finally, stock assets in local enterprises held by Argentine citizens or overseas beneficiaries are liable to wealth tax at the rate of 0.5 percent on the book value of the holdings at the end of each fiscal year on December 31st. Nevertheless, the local firm is responsible for paying this tax; even so, the organization is entitled to recoup the wealth tax paid by every shareholder.

CHINA

Taxes that are levied against employees and employers

Employers are often required by Chinese law to deduct income taxes and social welfare payments from their workers’ earnings, wages, incentives, as well as other amounts due to them on a regular basis (Jia-wei, 2005).

Individual Income Tax (IIT) – Workers are liable to individual income tax on their salaries and wages, which is charged at graded rates that range from 3 percent to 45 percent depending on their earnings. During every year, workers are eligible to a basic deduction from their taxable income of CNY60,000, and also deductions for particular social welfare payments and other special deductions that may be available.

Contributions to Social Security Benefits- China’s social benefits concept, which is comprised of the residential provident fund and compulsory social insurance plans – such as healthcare coverage, unemployment compensation, maternity insurance, job injury insurance, and retirement insurance – is typically expected to be funded by both workers and employers who work in China. Average social benefits payments rates vary from region to region, with workers and employers’ contributions accounting for around 10 percent and 35 percent, respectively, of the total contribution base in each region. Minimum contributions are established at 60 percent of the local average monthly pay, with a maximum contribution base of 300 percent of that salary.

Taxes that apply to commercial enterprises

China’s primary means of taxing economic activity is through the imposition of corporate income and value-added taxes. Consumption tax, customs duties, property appreciation tax, real estate tax, stamp duty, and local surcharges are some of the other taxes that exist.

Corporate Income Tax -Tax resident corporations in China are subject to a corporate income tax (CIT) on their global taxable profits, which is levied at a consistent rate of 25% on all taxable profits. Businesses that are resident for tax purposes in China include those that are formed under Chinese law as well as those that are formed in another jurisdiction yet has their effective management situated inside the country’s borders. Non-Chinese tax resident corporations are subjected to a 25 percent corporate income tax (CIT) on taxable profits due to their permanent premises in China. Withholding tax on China-sourced revenue received by non-resident corporations that is not traceable to a permanent establishment is normally 10 percent under the CIT withholding tax regulations. Withholding taxes are usually levied on passive income, such like dividends, interest, royalties, and capital gains, and they may be lowered as a result of tax treaties or even other arrangements with other countries.

Value-Added Tax- China levies a value-added tax on the acquisition of products, intangible and immovable property, and taxable services that are used in the course of the business, as well as on the entry of items into the country. There are three rates that apply to most transactions: 13 % on the sale and importation of a majority of products, the supply of repairs, replacement, and processing services, and the renting of physical movable assets; the sale and importation of exceptional items, 9% on the providing of transport services, mail services, fundamental telecommunication services, and building services, the lease and sale of immovable property, and the transfer of land use rights; and the transferring of land use rights and lastly, 6% on value-added telecommunication services provision, modern services like information services, monetary services inclusive of other intangible assets.

Intellectual Property

Patents

ARGENTINA

An innovation that is novel, the outcome of an innovative process, and has a practical application is protected under Argentina’s Patent Law (Act 24,481). Patents in the pharmaceutical, biotechnology, and software industries are subject to additional requirements. The safeguarding is in effect for 24 months from the date of filing the application. Argentina is also a signator

Neighborhood Watch Programs

Neighborhood Watch ProgramsName

Institution

Table of Content

TOC o “1-3” h z u HYPERLINK l “_Toc353864060” Naighbourhood Watch Programs PAGEREF _Toc353864060 h 1

HYPERLINK l “_Toc353864061” Table of Content PAGEREF _Toc353864061 h 2

HYPERLINK l “_Toc353864062” Introduction PAGEREF _Toc353864062 h 3

HYPERLINK l “_Toc353864063” Background PAGEREF _Toc353864063 h 3

HYPERLINK l “_Toc353864064” How neighborhood watch functions PAGEREF _Toc353864064 h 4

HYPERLINK l “_Toc353864065” Problem Statement PAGEREF _Toc353864065 h 5

HYPERLINK l “_Toc353864066” Thesis statement PAGEREF _Toc353864066 h 5

HYPERLINK l “_Toc353864067” Research approach PAGEREF _Toc353864067 h 5

HYPERLINK l “_Toc353864068” Sources of data and data gathering PAGEREF _Toc353864068 h 6

HYPERLINK l “_Toc353864069” Findings and discussions PAGEREF _Toc353864069 h 7

HYPERLINK l “_Toc353864070” Organization of neighborhood watches programs PAGEREF _Toc353864070 h 7

HYPERLINK l “_Toc353864071” The activities involved in the watch PAGEREF _Toc353864071 h 7

HYPERLINK l “_Toc353864072” Campaigns and publicity PAGEREF _Toc353864072 h 8

HYPERLINK l “_Toc353864073” Policing and other surveillance PAGEREF _Toc353864073 h 8

HYPERLINK l “_Toc353864074” Environmental Design improvement PAGEREF _Toc353864074 h 8

HYPERLINK l “_Toc353864075” Security Devices PAGEREF _Toc353864075 h 8

HYPERLINK l “_Toc353864076” Success in dealing with the problem PAGEREF _Toc353864076 h 8

HYPERLINK l “_Toc353864077” CCTV surveillance in Vancouver in Canada PAGEREF _Toc353864077 h 10

HYPERLINK l “_Toc353864078” Conclusion and Recommendation PAGEREF _Toc353864078 h 13

HYPERLINK l “_Toc353864079” Conclusion PAGEREF _Toc353864079 h 13

HYPERLINK l “_Toc353864080” Recommendations PAGEREF _Toc353864080 h 14

HYPERLINK l “_Toc353864081” References PAGEREF _Toc353864081 h 15

IntroductionNeighborhood watch programs are programs initiated by neighborhood watch groups which are organized group made up of law abiding citizens who are devoted to deterring crime, violence and vandalism in their neighborhood. According to Bennett Holloway & Farrington (2008) neighborhood watch deters about one fist of all neighborhood crimes. It is evident that the programs have the ability to reduce crime rates irrespective of whether they are implemented as standalone programs or as part of another major crime prevention program.

Background

Many people have expensed numbing fear after finding their homes broken into and ransacked and all valuables such as watches and jewelleries stolen. Such incidence is very common. It is the frequency of occurrence of such incidences that pushed residents in many residential places around the world to set up the self protective scheme dubbed neighborhood watch (Bennett Holloway & Farrington, 2008).

Irrespective of how their name portrays them, the activities conducted under this program entail more than watching out for irregularities around residential areas (Clear, 2007). The programs are structured in a way that allows neighbors to look after each others’ properties, houses and vehicles. The setting up of the program may take different forms; it may be created by the residents themselves, or police officers. It may also be a standalone program to be composed of a large crime prevention scheme entailing activities such as property marking and installation of alarms.

Neighborhood watch programs are relatively old practices. Interests in such programs started to soar in 1980s. For instance, in Ottawa Canada, Abbey Road resident due to the concern they had for their security started a neighborhood watch between 1975-80. Adjacent areas joined, and the watch took care of a large area by 1990 (The Neighborhood Watch Renewal Group, 2011). At the moment,, this program is found in large number in several countries around the world such as UK, US and Canada. Almost half the populations in these countries live in areas that have neighborhood watch programs. Every year, huge amounts of fund are set aside for these programs. Aside from these funds many people work for these programs on a voluntary basis. The programs have been improved to an extent which can accommodate technology (Yunus et al. 2011).

How neighborhood watch functionsNeighborhood watch is based on the idea of being one’s brother’s keeper. There is a notion that by watching over each other’s residences people can reduce crime in their residential areas. Neighbors simple become vigilant, and when they notice anything suspicious they immediately notify the police. Neighbors can help each other for instance by emptying trash cans when their neighbors are away, checking their mail boxes and even mowing their laws when they are not around. The extent of activities varies from one program to another. Nevertheless, in most of these programs the neighbors develop a system of watches or use citizen patrols and appoint a coordinator to lead the activities

The notion behind such actives is that increase in surveillances has discouraged criminals since their chances of getting cause are increased severally. Creating evidences of occupancy further makes it impossible for criminals to determine homestead that are occupied and those that are unoccupied at any moment. By the neighbors just making a homestead look occupied when an owner is out on vacation, they manage to deceive housebreakers into thinking the house is occupied.

This approach to improving residential security has been lauded by researcher who feel the programs not only enhance the security but further increases social cohesion. This means that the neighbors develop a community spirit and show increased respect for each other and increased tolerance towards each other. In fact, through such organizations more defined activities in addition to theft are reduced and prevented.

Problem Statement

Systematic reviews based on reputable studies examining the effect of neighborhood watch on crime indicate a reduced rate in the number of crimes. Studies emphasized on gaining information about burglaries and other crime to determine the number of this offence occur in areas with vibrant community watch programs most of these studies use information from the resident and police data. They hand and remarkable result but still pointed out to the need to conduct further research on the mechanisms of community watch and how to improve theses programs further (Bennett Holloway & Farrington, 2008).

Thesis statement

Research and statics on neighborhood programs have not only lauded the ability of these programs in reducing crime. They have proved beyond doubt that these programs can be can very effective in preventing neighborhood crimes, but further pointed to the need to generate more conclusive information regarding the principal mechanisms for the connection between neighborhood watch and crime (Bennett Holloway & Farrington, 2008).

Research approachThe research sought to capture as much information about neighborhood watch programs in Canada as possible in order to record evidence of success and determine room for improvement. The research involved a systematic and narrative examination of studies conducted in Canada and elsewhere regarding community watch programs and other literature texts published on the on the issues. The research is broad in nature in order to tap into information generated in different places to determine how it can be used to improve neighborhood watch programs in Canada.

Sources of data and data gatheringAs aforementioned, the sources of data for this research study include previous studies, report on the programs, published literature such as books and periodical with relevant information regarding neighborhood watch. The information from the texts is compared and evaluated to give a report on the state of neighborhood watch and the benefits that have been realized since these programs were introduced in neighborhood in Canada. Neighborhood watch program has been in active existence and studied extensively and published since 1980s. These provide an extensive bank of information that will be beneficial in determining the difference in crime rate in place where the program is implemented and where they are non-existent. Also interesting is data from the area that have recently adopted neighborhood which programs which shows the difference in crime rate between preprogram period and post-program period. Source of literature showing the performance mechanism of neighborhood programs will also be used to create and adequate understanding that can facilitate the generation of conclusion of the optimum functionality of neighborhood programs and this set a reliable reference point of how these programs should function. This approach also takes into consideration report of the shortcomings of the neighborhood watch programs will seek to determine the challenges these programs face and what can be improved. A SWOT analysis is also conducted on neighborhood watch programs using this date to determine strength and opportunities of this program and how better to use them. It will also enable determination of weakness and threats.

Findings and discussionsOrganization of neighborhood watches programsNeighborhood watch programs are mostly initiated by community members who by the understanding they have about their community know that there is a need to improve the security status in their neighborhood. The community members must first determine the general community interests in the program the all community members convened to come together and agree on the structure or the program. The programs must have local leadership. Every community has its unique security needs. In this regarding community are in a better position to give precise information about their crime challenges, this make it possible for them to formulate tailored solutions. This is why local leadership is an important component of the program (Schoech et al, 2008). It is evident that through local leadership, the residents in the neighborhoods own the programs, and this enhances participation. The engagement of the locals enhances their commitment thus providing opportunities for the creation of perfect all include neighborhood programs. The localized approach of the programs is based on the notion that the existence of crime in any given society is not entirely the product of the criminal element in the community alone in a number of determining factors in the community. Participation ensures that all these dynamics are identified (Pennell et al, 2012, 572)

The activities involved in the watchNeighborhood watch entails several activities all channeled at improving security literature review revealed the following as the main activities involved in neighborhood watch

Campaigns and publicity

This involves sensitizing the neighborhood about security watch. It involves creating publicity to encourage the resident in the neighborhood to encourage them to adopt the use of security devices, marking property, enacting security surveys and encouraging security officer to conduct talks in schools

Policing and other surveillance

This is one of the main activities involved in neighborhood watch. It involves the actual watching of residential areas, increasing patrols by the police or the community members. The patrol can be increased in areas that have been reported to have high cases of crime. Also, CCTV camera can be employed to provide continuous surveillance even in the absence of vigilantes or police patrols. Surveillance can also be increased when known criminal are around in the neighborhood such released criminals and those on parole (Petersilia, 2001). It is normally difficult from criminal to settle, and surveillance can help contain them.

Environmental Design improvementModifying the environment to deter criminal is a very successful approach to reducing crime. Modification of the landscape includes lighting up streets, setting up perimeter fence or walls, cleaning up neighborhoods, and enacting road closures or street changes (Murphy et al, 2008). Creating supervised parking lots is also important.

Security Devices

This approach involves encouraging community member to use security devices. Fist resident should improve their locks on windows and doors, implementing electronic access control, installing burglar alarms, installing in cars steering-column locks and chaining good on retail.

Success in dealing with the problem Neighborhood watch is successful in deterring criminal activities in neighborhoods. These methods have various success rates at deterring different crime within the neighborhood. In most cases, this method is deterrence in nature. The success and shortcoming of these programs are best shown by the SWOT analysis bellow:

Strengths Opportunities

It improves trust in the community

It is low cost

It can be integrated into another program or function as a standalone program

Improves security

Deters other voices in addition to burglary

It improves community member participation in community activities thus encouraging community development (Pawar,2012, 643).

Foster collective response to crime and other problems.

Create employment opportunities which reduce poverty and crime (Pawar, 2012, 643). There is potential for incorporation of advance technology in surveillance such as GIS,

It creates learning opportunities for advance security programs in the community

It can provide youths with a training platform for advance security programs

Opportunities to influence security policies

Provides great opportunities to gather intelligence on criminal activities and potential to stop crime before they occur

Provide a platform for capacity building for other development programs (Pawar, 2012, 644).

Weaknesses Threats

Use of unskilled volunteers

Still has to depend on traditional security system such as policing institutions

Inability to maintain workforce since most employees are volunteers

Limited resources to pay skilled labour Violence and gang among the youth

Shortage of volunteers from community members

The reluctance of some homes to take part in the program

Drug abuse among the youths

Technology has also improved neighborhood surveillance. A perfect example is the use of CCTV surveillance in Vancouver in Canada as shown bellow.

CCTV surveillance in Vancouver in CanadaReportedly, the city of Vancouver in Canada if facing several crimes, not to mention, there is excess drug trafficking, reported theft cases and victimization of the innocent citizens. The Vancouver police department, corporations and Business Improved Association innovative CCTV and public video surveillance as a tool of mitigating the vicious crimes (Bernan, 2008). After though consideration of the legal consequences of using CCTV, Individual privacy rights, advantage and disadvantages, the police department found that it wise and prudent to use the device to reduce the crime. A point to note is the fact that before implementation of any program or project which affects the public, then program analysis is imperative. According to the Vancouver police department, CCTV and public video surveillance is the technology to reduce the prevalent crimes in the city.

The CCTV is applied to areas which are prone to crime, the device then displays all the activities which taking place in the selected areas. In the case of Vancouver city, the CCTV and public video surveillance were installed in the Downtown Eastside. Reportedly, excess application of the device in Downtown Eastside caused citizen dissatisfaction. Most members of the public were unhappy with the excess use of the device, most of the public felt the excess use intend to evade their private life. On the contrary, the excess use of the device ensures all crime incidences are captured.

CCTV has reduced crime rates. For instance, in North America and Europe the device has significantly reduced. However, there are substantial difficulties faced with the device. To start with, it involved persuading the public to accept the use of the device to reduce crimes. In a straightforward language, public confidence and trust is a matter of importance before installation of the device (Dechillo et al, 1994).

CCTV and the public video surveillance have brought several advantages in the Downtown Eastside. To start with, public safety and confidence have been upheld. Reportedly, the public has confidently declared that their precious life is safe. The device has enabled the police department at Vancouver to identify the crimes and consequently dealing with the victims involved. Through this the town has been made free of theft and other crimes. Similarly, the public has gained confident in the use of the device and assist the police department with any necessary support.

The device has significantly reduced the court cases. Traditionally, it takes for innocent citizens to earn justice through the court system. Reportedly, the use of CCTV and public surveillance have managed the police department of Vancouver to provide evidence or exhibit which displays how the crime was committed and who were involved in the crime. As such shorten the court process since there is presently clear evidence.The device has alerted the police earlier before the actual crime takes place. As a matter of fact, such preventions have saved the city from terrible crimes which would have greatly cost the city.

On the other the use of CCTV and public video surveillance has a number of demerits. To start with, the device evades the private life of innocent citizens. That is, the private life of citizens has been exposed. It is for this reason that a majority of citizens avoids public places that the device has been installed. Secondly, for the device to work effectively then a lot has to be done. To start with, the device must be in a position to operate 24 hours. Secondly, the police must be in a position to monitor the device all the time, thirdly, other police officers must be on the street to receive constant communication (Goold, 2004). Thirdly, the device is not capable of monitoring all the areas of crime, only the targeted areas can be monitored. Lastly, the cost of installation of the device is very high. Worth noting is the fact that researchers have used the mentioned disadvantages to criticize the device. Notably, the strength of the device is its capability to reduce crime rates while its weakness is the fact that it infringes individual private life.

Conclusion and Recommendation

ConclusionFrom the above discussion, we can confidently conclude that before implementation of the CCTV and public video surveillance, the police department must educate and sensitize the public on the positive implication of the device. Apparently, the device is designed to prevent crimes, reduce victimization and detect crimes, for these reasons, the device has significantly reduced crime rates in the Downtown Eastside. From the discussion, it was identified that the citizens were not comfortable with the excess use of the device. The civil rights have raised a great concern about the fact that the device is capable of evading the private right of innocent individuals. The police department at Vancouver weighed the benefits and consequences of the device and realized that the device has more benefits hence should be used. A point to note is the fact that the device led to assist the police to avert crime rates, secondly, the device provided evidence in a law court, thirdly, the device is capable of alerting the police on the crimes which is about to take place. Fourthly, the device has renewed the public safety and confidence. On the other hand, the device is capable of evading the privacy life, in addition, the device cannot monitor all the areas and lastly, the device is expensive to install require extensive monitoring.

RecommendationsTo start with, for the police to win the public confidence then the police department must carry out the extensive education to sensitize the public on the benefits of the device. Similarly, the police must guarantee the public that their private life is fully protected. As such, lead to the public confidence which is needed for the success of the device.

Police department to achieve desired results then the device must be installed in the areas which are prone to crime, the device must be in a position to function for 24 hours. This must be followed by 24 hour monitoring of the device. Also, other police officers must be on the streets to receive communication from the police officers who monitor the device.

Police department must establish laws and regulations that will guarantee the private life of innocent citizens. The laws and rules will provide a guideline on how and when to use the device. The establishment of conduct of practise will ensure the public trust is established.

Government of Canada should appoint an internal review officer to critically audit the use CCTV and the public video surveillance. The auditor should also audit all the surveillance cameras. This will win the public confidence and trust.

Police department should ensure there is complete public involvement in the implementation of the device. For instance the police department should involve the public in the design and the management of the system. This ensures public confidence is gained.

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