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Relevant government depart- ments are making plans on reforming the re-education through labor system， and are expected to release the plans by the end of this year， said Chinese Premier Li Keqiang when meeting the press on March 17 after the closing of this year’s full session of the National People’s Congress（NPC）， the country’s top legislature.
A few days earlier， at a press conference held on March 9， Lang Sheng， Deputy Director of the Commission for Legislative Affairs of the NPC Standing Committee， said that the re-education through labor system should be reformed to keep up with the times and it would not take long for people to see progress.
First introduced in the 1950s， the re-education through labor system allows police to detain people for up to four years without an open trial.
The system is problematic because there is no supervisory mechanism to check the power of police authorities to impose re-education measures， and the system denies citizens of their rights to defense and appeal， said Di Yingqi， an NPC deputy and Dean of the Law School at Henan University of Economics and Law.
Calls for change
Re-education through labor was a measure adopted to maintain social order while the country’s legal system was not well-established， and it played its role in that situation， according to Chen Jiping， a member of the 12th National Committee of the Chinese People’s Political Consultative Conference， China’s top advisory body.
The measure has been abused in some circumstances； for instance， some petitioners and critics of government have been sent to receive re-education through labor.
Chen believes the time is right to abolish the re-education through labor system， citing two reasons： First， the legal system is relatively mature， for instance， offenders such as drug users can now be punished under the Anti-Drug Law； second， in recent years， community corrections have grown significantly and yielded good results in rehabilitating juvenile offenders or those whose offenses are not serious enough to be prosecuted according to the Criminal Law.
According to Chen， misdemeanors can be punished according to the Law on Penalties for Administration of Public Security.
In response to concerns that abrogation of re-education through labor might mean some offenders will not be punished for their misconduct， Di said such worries are unwarranted because existing laws are enough to punish various offenses. Di said even the Criminal Law has both light and heavy penalties for minor crimes， including public surveillance and detention， a punishment under which a person’s freedom can be deprived for a minimum of six months or a maximum of three years. He said that if deprivation of personal freedom is too serious for some minor crimes， public surveillance can serve as an alternative.
“The drawbacks of the re-education through labor system become more and more apparent as society progresses. Even if the system cannot be abolished immediately， it should at least be reformed，” said Deng Hui， an NPC deputy and Dean of the Law School of Jiangxi University of Finance and Economics.
Deng suggested that the authority to impose re-education through labor should be transferred from law enforcement agencies to judicial organs and detention periods should be shortened.
A controversial system
According to regulations issued by the Ministry of Public Security， offenses punishable by re-education through labor include juvenile delinquency， prostitution， theft， fraud， gambling and dissemination of pornography.
However， the constitutionality of re-education through labor has been contested over the years.
Ma Huaide， Vice President of China University of Political Science and Law， told Outlook Oriental Weekly that any coercive measure or punishment that deprives people of their freedom should be authorized by the NPC， rather than the State Council， China’s cabinet， or other government departments.
In 2012， two high-profile cases put re-education through labor under intense public scrutiny.
Last August， a woman named Tang Hui in central China’s Hunan Province was sentenced to 18 months of reeducation through labor after she demanded execution of the seven men convicted of abducting， raping and prostituting her 11-year-old daughter. Following complaints from academics， media outlets and the public， Tang was released after serving less than a week in a labor camp.
In another case， Ren Jianyu， a 25-year-old college graduate and former village official in southwest China’s Chongqing Municipality， was arrested in 2011 for forwarding and com- menting on more than 100 pieces of “negative information” online. A month after his arrest， he was given a two-year term in a labor camp for “incitement to subvert state power” without due process in court. On November 19， 2012， the Chongqing Laojiao Commission， the local organization in charge of the re-education through labor system， revoked the punishment and Ren was released after serving 15 months of his sentence. These cases promoted people to call for the reform or abolition of the system.
On February 5， Meng Sutie， Secretary of the Commission for Political and Legal Affairs of the Yunnan Provincial Committee of the Communist Party of China， announced that from then on， the province will no longer impose re-education through labor upon people suspected of jeopardizing national security， causing unrest during petitions or vilifying public officials.
He also said re-education through labor will also be suspended for people committing other illegal behavior， who will instead be punished by relevant laws.
Guangdong Province in south China is also planning to end its reeducation through labor system within the year.
“If the system is abolished， reeducation institutions will no longer admit new inmates， and those already detained will be released after serving their terms，” said Yan Zhichan， Director of the Guangdong Provincial Department of Justice.
Most of the inmates in Guangdong’s labor camps are drug addicts under compulsory rehabilitation and detoxification， but not people accused of minor illegal behavior such as gambling and prostitution， Yan added.
Reform on the re-education through labor system is being piloted in Nanjing， capital of Jiangsu Province， Lanzhou， capital of Gansu Province， Zhengzhou， capital of Henan Province and Jinan， capital of Shandong Province. The system is being replaced by “education and correction of illegal acts，” reported the China News Service.
A few days earlier， at a press conference held on March 9， Lang Sheng， Deputy Director of the Commission for Legislative Affairs of the NPC Standing Committee， said that the re-education through labor system should be reformed to keep up with the times and it would not take long for people to see progress.
First introduced in the 1950s， the re-education through labor system allows police to detain people for up to four years without an open trial.
The system is problematic because there is no supervisory mechanism to check the power of police authorities to impose re-education measures， and the system denies citizens of their rights to defense and appeal， said Di Yingqi， an NPC deputy and Dean of the Law School at Henan University of Economics and Law.
Calls for change
Re-education through labor was a measure adopted to maintain social order while the country’s legal system was not well-established， and it played its role in that situation， according to Chen Jiping， a member of the 12th National Committee of the Chinese People’s Political Consultative Conference， China’s top advisory body.
The measure has been abused in some circumstances； for instance， some petitioners and critics of government have been sent to receive re-education through labor.
Chen believes the time is right to abolish the re-education through labor system， citing two reasons： First， the legal system is relatively mature， for instance， offenders such as drug users can now be punished under the Anti-Drug Law； second， in recent years， community corrections have grown significantly and yielded good results in rehabilitating juvenile offenders or those whose offenses are not serious enough to be prosecuted according to the Criminal Law.
According to Chen， misdemeanors can be punished according to the Law on Penalties for Administration of Public Security.
In response to concerns that abrogation of re-education through labor might mean some offenders will not be punished for their misconduct， Di said such worries are unwarranted because existing laws are enough to punish various offenses. Di said even the Criminal Law has both light and heavy penalties for minor crimes， including public surveillance and detention， a punishment under which a person’s freedom can be deprived for a minimum of six months or a maximum of three years. He said that if deprivation of personal freedom is too serious for some minor crimes， public surveillance can serve as an alternative.
“The drawbacks of the re-education through labor system become more and more apparent as society progresses. Even if the system cannot be abolished immediately， it should at least be reformed，” said Deng Hui， an NPC deputy and Dean of the Law School of Jiangxi University of Finance and Economics.
Deng suggested that the authority to impose re-education through labor should be transferred from law enforcement agencies to judicial organs and detention periods should be shortened.
A controversial system
According to regulations issued by the Ministry of Public Security， offenses punishable by re-education through labor include juvenile delinquency， prostitution， theft， fraud， gambling and dissemination of pornography.
However， the constitutionality of re-education through labor has been contested over the years.
Ma Huaide， Vice President of China University of Political Science and Law， told Outlook Oriental Weekly that any coercive measure or punishment that deprives people of their freedom should be authorized by the NPC， rather than the State Council， China’s cabinet， or other government departments.
In 2012， two high-profile cases put re-education through labor under intense public scrutiny.
Last August， a woman named Tang Hui in central China’s Hunan Province was sentenced to 18 months of reeducation through labor after she demanded execution of the seven men convicted of abducting， raping and prostituting her 11-year-old daughter. Following complaints from academics， media outlets and the public， Tang was released after serving less than a week in a labor camp.
In another case， Ren Jianyu， a 25-year-old college graduate and former village official in southwest China’s Chongqing Municipality， was arrested in 2011 for forwarding and com- menting on more than 100 pieces of “negative information” online. A month after his arrest， he was given a two-year term in a labor camp for “incitement to subvert state power” without due process in court. On November 19， 2012， the Chongqing Laojiao Commission， the local organization in charge of the re-education through labor system， revoked the punishment and Ren was released after serving 15 months of his sentence. These cases promoted people to call for the reform or abolition of the system.
On February 5， Meng Sutie， Secretary of the Commission for Political and Legal Affairs of the Yunnan Provincial Committee of the Communist Party of China， announced that from then on， the province will no longer impose re-education through labor upon people suspected of jeopardizing national security， causing unrest during petitions or vilifying public officials.
He also said re-education through labor will also be suspended for people committing other illegal behavior， who will instead be punished by relevant laws.
Guangdong Province in south China is also planning to end its reeducation through labor system within the year.
“If the system is abolished， reeducation institutions will no longer admit new inmates， and those already detained will be released after serving their terms，” said Yan Zhichan， Director of the Guangdong Provincial Department of Justice.
Most of the inmates in Guangdong’s labor camps are drug addicts under compulsory rehabilitation and detoxification， but not people accused of minor illegal behavior such as gambling and prostitution， Yan added.
Reform on the re-education through labor system is being piloted in Nanjing， capital of Jiangsu Province， Lanzhou， capital of Gansu Province， Zhengzhou， capital of Henan Province and Jinan， capital of Shandong Province. The system is being replaced by “education and correction of illegal acts，” reported the China News Service.