《环球时报英文版》文章
Prostitutes, johns get 6 months
Source:
Global Times [September 08 2010] By Xu Tianran
Sex workers and their clients
have received punishments of six months "detention education" in the
ongoing and unusually stringent crackdown campaign against prostitution, which
is now in its fifth month.
The Beijing Morning Post quoted a police officer
on May 13 as saying that first-time prostitution or solicitation offenders caught
during the campaign can receive a punishment of six months detention education,
a penalty meted out by the police directly and not in a court.
Recent Internet
threads and a source who requested anonymity also had accounts of relatives and
friends who were sent to detention education facilities, mainly located in Beijing's
Dougezhuang village and Handan and Tangshan cities in Hebei Province, following
their arrest and about 10 days detention.
A police officer surnamed Duan at
the Handan detention education facility told the Global Times Monday that their
inmates had increased to 400, about 100 more compared to the pre-crackdown period.
"The six months of detention education violate certain legislations in
China," said Zhu Shouquan, chief lawyer and director at Beijing Chang Ji
Law Office.
The legal basis on which prostitutes and their clients are sent
to detention education facilities is the Decision on the Strict Prohibition Against
Prostitution and Whoring, which was issued in 1991, Zhu explained, adding that
the decision is now outdated and expired.
Implemented on March 1, 2006, article
66 of the Law on Penalties for the Administration of Public Security regulated
that the punishment for prostitutes and their clients shall be detention for no
less than 10 days but no more than 15, and that they may additionally be fined
no more than 5,000 yuan ($736.12).
Article 91 of the Decision on Amending Some
Laws, issued on August 27 last year, also stated that punishments of prostitutes
and their clients should be given according to the Law on Penalties for the Administration
of Public Security.
"The Decision on the Strict Prohibition Against Prostitution
and Whoring is an administrative regulation. Measures and penalties that deprive
citizens of their freedom shall only be created by laws," Zhu said.
Wu
Hua, who was detained for 15 days and received punishment of one year in a labor
rehabilitation camp in 2009 after being caught for the second time visiting a
sex worker, won his case against the Shanghai Labor Rehabilitation Committee and
was freed on January 18.
In June, the committee paid Wu 24,000 yuan ($3,533.36)
in compensation for the illegal punishment.
Expatriates involved in prostitution
or soliciting may be expelled from China, or deportation and penalization "may
be applicable," according to the law.
中译文：
妓女嫖客受到6个月的拘留教育
《环球时报》英文版
2010年9月8日 记者：徐天然
在持续进行的不同寻常的严厉打击卖淫嫖娼行动中，性工作者和他们的客户得到了6个月“拘留教育”的处罚。这项行动现在进入了第5个月。
《北京晨报》援引一位警官5月13日的话说，在行动期间被抓捕的第一次卖淫或拉客的违规者将受到6个月拘留教育的处罚，由警方直接执行而不是由法庭执行。
根据最近互联网的消息和一位不愿透露姓名的人士称，有亲戚和朋友在被逮捕和拘留约10天后被送往主要位于北京的豆各庄村、河北省邯郸市和唐山市的拘留教育所。
邯郸拘留教育所一位姓段的警官星期一告诉《环球时报》，他们的犯人已增至400人，比打击行动前相比约多100人。
“6个月的拘留教育违反了中国的一些法律”，北京长济律师事务所主任律师朱寿全说。
将妓女和嫖客送往拘留教育所的法律依据是1991年颁发的《关于严禁卖淫嫖娼的决定》及《卖淫嫖娼人员收容教育办法》，朱解释，并补充说现该决定及办法现已过时和失效。
2006年3月1日实施的《治安管理处罚法》第66条规定，对妓女和嫖客的处罚应为不低于10天、但不超过15天的拘留，并可对他们处以不超过5000元（736.12美元）的罚款。
2009年8月27日发布的《关于修改部分法律的决定》第91条也规定，对妓女和嫖客给予的处罚应根据《治安管理处罚法》。
“国务院颁布的《卖淫嫖娼人员收容教育办法》是依据《关于严禁卖淫嫖娼的决定》颁布的一部行政法规，剥夺公民自由的措施和处罚只能由法律制定”他说。
吴华2009年与一个妓女第2次相会时被抓，被拘留15天，并受到在劳动教养所改造一年的处罚。他赢了他与上海劳动教养委员会的案子，并于1月18日获释。
今年6月，该委员会支付吴2.4万元（3,533.36美元）以赔偿对吴的非法处罚。
根据法律，外籍人士参与卖淫或拉客可被驱逐出中国，或适用于驱逐出境加处罚。
原载http://www.globaltimes.cn/www/english/metro-beijing/update/society/2010-09/571283.html
长济主任律师