Early Autumn Check-in Challenge
The withdrawal of the custody and education system is an important chapter in the evolution of China's rule of law and social governance. Since 1984, Shanghai has taken the lead in establishing the ** Women's Detention and Education Center, with the original purpose of reforming those involved in the first place through education and labor. At the time, it was seen as an innovative means of social governance, intended to purify the social atmosphere and prevent the spread of sexually transmitted diseases. In 1991, with the adoption of the "Decision on Strictly Prohibiting ***", the public security organs were given the power to forcibly concentrate on legal and moral education and production and labor.
In 1993, the custody and education system was further consolidated, when Premier Li Peng signed Order No. 127 and promulgated the "Measures for the Custody and Education of Personnel". This approach provides more detailed provisions for the implementation of custody and education, and defines its place in our legal system. According to these provisions, decisions on custody and education are usually made by the legal department of the county-level or district-level public security bureau and require the signature and approval of the director. Those who have been decided to be institutionalized will be sent to detention centers, which are generally under the supervision detachment of the prefecture-level public security bureau, and will be "released" after the completion of the detention period.
From the nineties of the last century to the beginning of this century, it can be said that it is the first period of the development of the custody and education center. According to the 21st Century Business Herald, as of June 1992, 111 custody and education centers had been established across the country, sheltering more than 20,000 people. By 2000, the number of institutions had increased to more than 200. In 2000, an article published by the Ministry of Public Security's Public Security Bureau pointed out that between 1991 and 1995, public security organs across the country seized a total of 1.53 million people, and 170,000 of them were detained and educated, accounting for 11 percent of the total number of seizures. In 1999, a total of 450,000 people were investigated and punished, and the rate of custody and education from January to September of that year was 88%。If these figures are extrapolated, nearly 40,000 people received institutional education in 1999.
Over time, the system of custody and education has gradually revealed some problems. Although it has played a role in curbing the phenomenon, as an administrative measure, it allows the police to restrict the personal freedom of those involved for up to six months to two years in the absence of judicial trials and transparent oversight. Such an approach could not only lead to abuse of power, but also run counter to the principles of the Constitution that protect fundamental human rights. More importantly, due to the lack of effective legal remedies, inmates are often unable to effectively protect their legitimate rights and interests.
After the passage of the Public Security Administration Punishment Law in 2005, law enforcement agencies in many provinces have reduced custody and education, while Anhui Province has abolished all custody and education centers. People can't help but ask, what is the effect of custody and education?Those provinces that have done quite well, have they really disappeared?And in Anhui Province, is it really overflowing?Article 76 of the "Public Security Administration Punishment Law" clearly stipulates that compulsory education measures may be taken against those whose behaviors in articles 67, 68, and 70 of the law are repeatedly reprimanded, but it does not include the ** and ** behaviors stipulated in article 66
The adoption of the Legislation Act of 2000 clearly stipulates that the deprivation of civil and political rights and coercive measures restricting personal liberty can only be established by "law" and not by administrative regulations. As a coercive measure unilaterally decided by the administrative authorities, custody and education obviously have a fundamental conflict with the provisions of the Legislation Law. Especially at the end of 2013, after the end of the widely criticized RTL system, the attention of the outside world naturally turned to the custody and education system, which is similar in nature. Custody and education, known as "small" or "classy", are similar to re-education through labor in many respects, and the timing and manner of their abolition have become the focus of public attention.
In 2018, Shen Chunyao, director of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, disclosed in his report on the 2018 filing and review work, "In recent years, the use of custody and education measures has decreased year by year, and the number of custody and education personnel has dropped significantly, and some places have stopped implementing this system." Through investigation and demonstration, all relevant parties have reached a consensus that the time is ripe for the abolition of the custody and education system. "On December 28, 2019, the Standing Committee of the National People's Congress officially made a decision to abolish the custody and education system. After the repeal, the ** behavior is still illegal, and the punishment and education of the relevant personnel will be subject to administrative detention or a fine in accordance with the "Public Security Administration Punishment Law". In addition, the Criminal Law stipulates the crimes of ** crime and coercion **, and also clarifies the corresponding statutory penalties to curb illegal acts such as ***.
On March 27, 2020, the Prime Minister signed Order No. 726, and on April 2, the Decision on Amending and Repealing Some Administrative Regulations was announced, and 10 administrative regulations, including the Measures for the Custody and Education of Personnel, were repealed from now on. After the abolition of the custody and education system, China has not stopped cracking down on *** behavior. On the contrary, this decision prompted the search for more legitimate, rational and effective ways to deal with this social problem. By strengthening the formulation and improvement of laws and regulations, strengthening the fairness of judicial procedures, and improving the level of refinement of social management, China has paid more attention to protecting the basic rights of citizens while continuing to crack down on illegal acts.