Zhu Zhengfu, a member of the Chinese People's Political Consultative Conference (CPPCC) /CGTN Photo
“China’s Constitution protects citizens’ human rights,” Zhu Zhengfu told CGTN. “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."
Aside from that, the system is not even written in the Administrative Penalty Law. This law allows jailing and fines for sex-related offenses, but not "custody and education".
“The system means detention for up to two years,” Zhu added. “Given its heaviness, it should be listed clearly in the Administrative Penalty Law. But it’s not at the moment.”