As China reforms, its leaders have been reviewing the country's laws - including the punishment for prostitution. This year, a CPPCC member is proposing a change. He Weiwei has more.
In 2014, Chinese actor Huang Haibo was put under what's called "Custody and Education System" for half a year due to involvement in prostitution. The issue drew broad attention and sparked open discussion debate in the legal circle.
HE WEIWEI GUANGZHOU Prostitution is illegal in China. The "custody and education system" has been in place in China for over 25 years. Under this system, people involved in prostitution can be detained for a period ranging from six months to up to two years.
This system was first introduced to combat prostitution in 1991 by the Standing Committee of the National People's Congress. Two years later in 1993, China's State Council issued a measure to formally establish this system. During detention, offenders are taught about sex-related laws and ethics and are tested and treated for sexually-transmitted diseases. Lawyer Zhu Zhengfu, a member of China's political advisory body, thinks the system lacks legal basis. So he is submitting a proposal this year, asking to review the system's constitutionality.
ZHU ZHENGFU CPPCC MEMBER "China's constitution protects citizens' human rights. The Legislation Law stipulates that mandatory measures and penalties that limit personal freedom can only be made through laws. But the 'custody and education system' was a regulation issued by the State Council, not a law."
Besides that, the system is not written into the Administrative Penalty Law. This law allows jailing and fines for sex-related offenses, but not "custody and education".
ZHU ZHENGFU CPPCC MEMBER "The system means detention for up to two years. Given its heaviness, it should be listed clearly in the Administrative Penalty Law. But it's not at the moment."
By proposing a constitutionality review, Zhu hopes to push for the system's abolition as soon as possible. If he succeeds, that'll be further progress in China's efforts on strengthening its legal system and implementation of the rule of law. HWW, CGTN, GZ.