According to China's latest regulations, China abolished the Measures for the Education of Prostitutes and Whores from 20 19 12.29, and the education system for prostitutes and whores was officially abolished.

The shelter and education center is a place where public security organs focus on legal education and moral education for prostitutes according to law, and organize administrative compulsory education measures such as productive labor and examination and treatment of sexually transmitted diseases.

The implementation of reception education violates the principle of rule of law, and reception education has a legal basis, but this does not mean that it conforms to the rule of law and human rights. If the authorization of the law is broad and boundless, the law enforcers can do whatever they want, and the relief afterwards is not in place, then even with the law, the rule of law is still not realized and human rights are still not guaranteed.

Accommodation education gives the public security organs great power and allows them to restrict the personal freedom of a certain group for six months to two years with one decision. Unfortunately, it lacks reasonable, clear and effective norms in application conditions, implementation procedures, judicial review and daily management.

The implementation of asylum education violates due process, which is mainly reflected in three aspects:

First of all, the parties have no right to hearing. In practice, in order to avoid the requirements of hearing and prevent the parties from escaping, the public security organs often impose fines and detention penalties on the parties, without informing them that he/she will face asylum education, but make an asylum decision when the detention expires. When the parties were detained, they didn't realize the consequences, and they basically had no chance to defend the education of asylum, let alone invite family members, friends or lawyers to participate in the hearing.

Second, the relevant personnel cannot be notified in time. According to the regulations, after the decision on the education of asylum is made, it is only necessary to inform the family members and the unit where the parties are located "from the date of decision 15". In fact, because the decision on detention education is often informed to the client at the end of the detention period, the family members of the client are even informed later. After some of the parties "lost contact", their families searched all over the streets, major hospitals and even published the apocalypse of missing people, only to find that people were in shelters.

Third, there is no "suspension" of the asylum decision. According to the Public Security Administration Punishment Law and other regulations, administrative detention can apply for suspension of execution; After deciding to receive education, the parties concerned cannot apply for "suspension of execution". Theoretically, the parties concerned can apply to the court to suspend the implementation of the decision on education for asylum at the litigation stage. But by the time the court decided to stop, the parties had been blocked for at least a month and a half.

legal ground

Decision of NPC Standing Committee on Abolishing the Legal Provisions and System of Shelter Education

The 15th meeting of the 13th NPC Standing Committee decided:

First, the second and fourth paragraphs of Article 4 of the Decision of NPC Standing Committee on Prohibiting Prostitution and Whoring shall be abolished, and the shelter education system shall be implemented accordingly.

Two, before the abolition of the education system, the education decision made according to law is valid; After the abolition of the asylum education system, those who are being implemented according to law will be released from the asylum education, and the remaining period will not be implemented.

This decision shall come into force on February 29, 20 19.