According to “Rules for handling re-education cases for Liaoning Provice security organizations”, the following 14 classes of individuals will not be given re-education for their involvement in prostitution:
- First-time offenders;
- Those under 18 years of age;
- Those above 60 years of age;
- Those afflicted with contagious diseases other than STDs;
- Pregnant women, or those nursing a child under 1 year of age;
- Those who were coerced or tricked;
- Those who volunteer information;
- Those who voluntarily surrender and describe details of their involvement;
- Divorced individuals or those whose spouse has died or is in prison, and who are responsible for the care of a minor;
- Those with the responsibility to support or look after a seriously ill individual in need of attention;
- Those who are blind, deaf, or mute;
- The mentally ill who have not entirely lost their ability to reason or control their own actions;
- Those who have paid and initiated the act but have not yet commenced sexual intercourse;
- Those at KTV parlors and other entertainment venues, or at service establishments such as saunas and massage parlors who, out of business motives, engage in masturbation or oral sex.
Explanation: Liu Leguo, captain of the security division of Liaoning’s PSB, said that in the process of striking at prostitution, some local public security organizations, out of a desire to reach quotas for re-education and fines, have struck hard at prostitution but have overlooked everyday management; they have fined heavily, but have neglected to punish the owners of the establishments involved. Improper enforcement has led to “fishing” and other abnormal methods. The original use of re-education as practiced by public security organs also experienced problems such as prescribed targets and improper handling of case procedure. These problems not only cause harm to the respect for the law and injure the reputation of public security organs, but they infringe on the legal rights of citizens, and the public has reacted strongly.
Captain Liu Leguo said that Liaoning’s public security organizations would strictly enforce the law, resolutely correct the phenomenon of sending down quotas to lower-level units, carry out re-education cases in strict accordance with procedure, to ensure the quality of the cases. From now on, public security organs will mainly focus on striking at organized prostitutions and their host establishments, striking at proprietors who entice or force others to engage in nude escort services, striking at open prostitutition, and striking at known prostitutes who operate with impunity. — China News
Commentary: Re-education is a mode of reforming thoughts and actions of those who engage in prostitution or solicitation; looking at it from a legal standpoint, these measures are necessary, humane, and beneficial to the self-transformation of those engaged in prostitution or solicitation, allowing them to find a new place in life. Liaoning, though, will not provide re-education to these 14 classes of individuals engaged in prostitution; rather, it seems that they are being placed outside of the mercy of the law. An interested individual said: this regulation displays the public security organs’ humanistic thinking – an emphasis on education, reformation, and rescue, a de-emphasis of punishment, and a shrinking of antagonism and confrontational emotions. So that means that re-education increases antagonism and manufactures confrontation; it is anti-humanistic. Is this “theory” tenable? It’s like when you catch a petty thief – to demonstrate the humanity of the police, you can let him go without a word, and say to the public, we are showing our humanity to the thief, minimizing antagonism, shrinking confrontation. When we used to use punishment against thieves, confining them in prison, it was because we were too inhumane – does this make sense anywhere in the world?
Emphasizing education, reformation, and resuce for those engaged in prostitution should be based on format, not on age, to determine whether one should be subject to re-education. Isn’t it even more necessary for first-time offenders and those under the age of 18 who engage in prostitution or solicitation to undergo an enforced form of rescue? And for “those at KTV parlors and other entertainment venues, or at service establishments such as saunas and massage parlors who, out of business motives, engage in masturbation or oral sex” to be exempt from re-education is a bit hard to understand – whether a robber uses a knife or a gun to kill someone, he still kills someone.
As for old people above 60, the mentally-ill, the blind, and the pregnant, they can be dealt with in a humanistic fashion according to the relevant statues. However, the necessary education and effort to provide a new career track and income source should still be done; otherwise, the public security department is not doing its job in correcting the problem of prostitution. — Li Zhenzhong / Dahe Online
Some of the fourteen classes of people engaged in prostitution are special populations, and others are special reasons. For example, the rule that seniors “older than 60” who engage in prostitution or solicitation will not be subject to re-education is quite compatible with reality. Recently, there has been a considerable upward trend among seniors soliciting prostitutes and having affairs. This situation is unavoidable, but when they are caught, they cannot be treated in the exact same way as younger people. Experts believe that abberant behavior among seniors is the product of a lack of attention by society; society should provide material and emotional support for the needs of the elderly. Abberant behavior by the elderly requires special organizations set up to provide guidance, allowing seniors to truly enjoy happiness in their later years. Or another example: people who are compelled or tricked by someone else to engage in prostitution belong to a special set of circumstances; compared to those habitual offenders who make their living by prostitution, the harm they may cause is not very high. They can be treated leniently, and this humanistic lenience will be acceptable and will even work as a sort of inspiration.
Of course, not carrying out re-education for these fourteen classes does not mean they will not be educated. When their actions are discovered by the police, they should still be given reminders, and first-time offenders especially should be given strong warnings. — Dong Hongda / People Online