Article 2 of the Measures for the Reception and Education of Prostitutes and Whores stipulates: "Reception and education refers to administrative compulsory education measures that focus on legal education and moral education, organize participation in productive labor, and check and treat sexually transmitted diseases.
But in fact, as many legal scholars have publicly put forward, if the education of asylum is an administrative compulsory measure, according to the provisions of the Administrative Compulsory Law, the administrative compulsory measure for personal freedom should be "temporary".
However, the duration of education is six months to two years. In contrast, criminal detention is "1 month but less than 6 months", which has exceeded some kinds of punishment. From the common sense, the detention period of six months to two years, plus being transferred to a relatively closed place, obviously exceeds the average person's understanding of "temporary measures." Accommodation education is not an administrative compulsory measure in the usual sense.
At the same time, many people associate "shelter education" with "reeducation through labor". Reeducation through labor is clearly defined as administrative punishment in law, and the term is usually 1 ~ 3 years. This system was abolished at the end of 20 13. "On the surface, receiving education is not an administrative punishment, but actually an administrative punishment. When people are taken in for asylum education, there is no freedom. If you want to come out, can you come out? Actually, it's similar to reeducation through labor. Yang Xiaoqing, a professor at Renmin University of China Law School, said.