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Rule of "Reeducation Through Labor" Breaking China's Constitution? [Copy link] 中文

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Post time 2012-10-27 09:15:31 |Display all floors
This post was edited by 468259058 at 2012-10-27 10:17

The Rule of "Re-education Through Labor" breaks China's Constitition, said by the director of law college of Chongqing university
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Article 37 Freedom of the person of citizens of the People's Republic of China is inviolable

  No citizen may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public security organ.

  Unlawful detention or deprivation or restriction of citizens' freedom of the person by other means is prohibited, and unlawful search of the person of citizens is prohibited.

source: The constitution of China
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Post time 2012-10-27 09:28:45 |Display all floors
This post was edited by 468259058 at 2012-10-27 09:39

Sentences typically span one to three years, with the possibility of an additional one-year extension.

Re-education through labor sentences are issued as a form of administrative punishment by police, rather than through the judicial system.

source: wikipedia
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Post time 2012-10-27 09:34:38 |Display all floors
This post was edited by 468259058 at 2012-10-27 09:39

Article 8 The following affairs shall only be governed by law:
(5) mandatory measures and penalties involving deprivation of citizens of their political rights or restriction of the freedom of their person;

Source: Legislation Law of China (This China is PRC, not ROC)
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This post was edited by 468259058 at 2012-10-27 09:50

In 1957, the rule of "Re-education through labor" was issued by State Couil.
In 1980s, Another 2 complementary rules were issued by State Couil and Police ministry.

So, "Re-education through labor" and the following complementaries are not laws, but only rules issued by state-couil and police ministry.

Said by Chen Zhonglin, who is a national Congress member, also the director of law college of Chongqing university, also the deputy director of China's criminal laws research association.

Source: Oct 26, 2012
a Kunming local newspaper



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Post time 2012-10-27 09:48:36 |Display all floors
After one Chongqing netizen Had posted one post, the local police made him one year labor sentence. One Fujian guy's wife ran a dinning hall for Taiwan people in Chongqing. Chongqing local police made this Fujian guy one year labor sentence too.

Source: Oct 26, 2012
Nanjing Newspaper
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Post time 2012-10-27 09:59:51 |Display all floors
This post was edited by 468259058 at 2012-10-27 10:00

Why is the Reform of the rule of "Re-education through labor" so hard?

China's local gov wanna keep having the labor sentence's rights. Departments of gov wanna have more powerful rights. It's the largest drag. Said by a group of lawyers and professors.

source: Sep 06, 2012
china youth daily
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