|Home|News|Reports|Photo|Video|Agenda|Backgrounder|Forum|  
  Opinion & Commentary

End legal black hole

(China Daily)
Updated: 2007-03-01 07:08

The Standing Committee of the National People's Congress (NPC) has scheduled the first reading of the proposed law on correction of illegal acts for its 30th meeting in October.

The proposed law first appeared on the 10th NPC Standing Committee's agenda in 2005. Back then, the lawmakers underestimated the complexities of such a law.

Although there was a general consensus on the need for a law to replace the half-century-old reeducation-through-labor system, its delivery has been bogged down in disputes.

Debates linger among its drafters as well as jurists on issues such as the length of correction.

Rushing an immature draft into law is not in our interest. But we cannot afford any more foot-dragging on this one. We badly need a substitute for the reeducation-through-labor mechanism.

Through its existence since 1957, reeducation-through-labor institutions have contributed to maintaining order and preventing crime. The system's inadequate concern for civil rights as well as lack of jurisprudence protection have made it increasingly out of step with the country's progress in protecting human rights.

Reeducation through labor is a Chinese invention that applies to minor law violations that do not constitute crimes or qualify for criminal punishment.

Since police authorities can independently decide to send a citizen for such reeducation and the terms of reeducation can be as long as four years, there have been legitimate worries as well as examples of abuse.

Although the reeducation system was designed for minor offenses that do not deserve penalties prescribed in the Criminal Law, reeducation through labor can be more severe than what the law stipulates for crimes. This is a major injustice that has to be resolved.

The largely unrestrained latitude of the police in deciding the term of reeducation, the lack of oversight, and absence of clearly defined procedures make suspects of minor offenses vulnerable. Some would rather face trial and serve a criminal sentence than be sent to reeducation.

We strongly hope the widely anticipated draft can appear before the national lawmakers as scheduled. It is an imperative legislative task.

Disagreements are no reason for keeping it from legislative scrutiny. The NPC Standing Committee is the best place to address different opinions.

(China Daily 03/01/2007 page10)

Question Session

The Supreme People's Court will send back cases to provincial courts for retrial if it evaluates that a death sentence has been passed without proper .

From our readers

 Overpopulation: One solution China could is to teach its people the dangers of making China even more overpopulated than it already is.

 Bria MiberiBerg:  Shanghai's charms are many, and one them is the presence of the street vendors.

 Joshua Young:  Thank you for this very well written article. I do agree with Mr Li Yongbo on the reception of the fans in Malaysia & Indonesia.

 Davy: I don't know how much adverse effect caused by the Global Warming

 Neil Hardie:  If the one child policy is ethically and morally correct, which is a question that only the Chinese people can decide and not me as a foreigner then...

 

Hot Forum Topics

 China Beware
 China: Economic Superpower
 Are farmers really being respected in china,nowadays?
 Chinese Role Models and Heroes
 Century debate: western VS eastern
 How's your life in a foreign country?

Photos
There is much hope among the public that the 2-week NPC session comes up with something of substance.
In the Limelight

Property law:
Draft property law equally protects private, public ownership

 

Corporate tax:
Unifed tax rate to apply to domestic, foreign-funded enterprises

 

Financial reform:
First village bank opens in Sichuan

 
· Premier Wen vows to help markets
· China to support agricultural insurance
Slideshow

Migrant workers:
Government vows to protect rights of the country's 150 million migrant workers

 
· Get ready for the NPC, CPPCC sessions
· More efforts needed to protect environment
Video
· China outlines new policies for finance industry
· NPC, CPPCC media center opens
· 26th session of 10th NPC Standing Committee held
· Building Internet culture in China
· CPPCC session to open
Tidbits  
    Beijing well prepared for sessions
All-around measures in place to embrace the NPC, CPPCC sessions.
 
    Muslim political advisors feel at home in Beijing
Xie Shenglin had a pleasant chatting with a restaurant manager.
 
   
Copyright 1995-2006. All rights reserved. The content (including but not limited to text, photo, multimedia information, etc) published in this site belongs to China Daily Information Co (CDIC). Without written authorization from CDIC, such content shall not be republished or used in any form.
Note: Browsers with 1024*768 or higher resolution are suggested for this site.
Registration Number: 20100000002731