Lawyers: Community Correction Law Is Unconstitutional
Prior to the abolition of the Labor Camp system in China
last December, the Marxist regime had already prepared
the abhorrent Community Correction Law.
While the law is still being reviewed by the State Council,
this law had been implemented in a number of places before
it was delivered to the State Council.
Chinese lawyers point out that the Chinese Community Correction
Law violates the Constitution, and is more loathsome and
terrifying than the Labor Camp system.
Lawyers call on the authorities to stop the review.
The Standing Committee of the National People’s Congress
adopted a decision on the abolition of the Labor Education system
on Dec. 28 last year.
On the next day, Chinese media revealed that pilot stations of
Community Correction have been implemented since 2003.
The tortuous legislative process has slowed down the
introduction of the Community Corrections Law.
The day of abolition of the Labor Camp system has thus become
the day to start the Correction Law.
The Ministry of Justice has submitted the law to the State
Council for review.
On Feb. 27, more than 100 lawyers and citizens issued a
“citizen appeal" to the State Council, demanding to stop
reviewing the Community Correction Law.
They believe that Articles 44 and 50 are particularly
unconstitutional and violate human rights.
Article 44 provides:
that while exercising the rights of speech, press, assembly,
association, procession and demonstration, approval shall
be obtained through the Community Correction center.
Those who breach this Article are offenders to be detained,
on probation, parole, and temporary probation.
The “citizen appeal" stated that this Article abolishes rights of
speech, press, assembly, association, procession and
demonstration provided by the Constitution.
Criminals listed in the Article are those who still keep their
The “citizen appeal" also noted that Article 50 of the
Correction Law provides “psychological intervention" and
“centralized detention of 30 days or less", as a violation of
Human rights lawyer Tang Jitian: “To some extent, the damage
is greater than the labor camp.
The illegality of the labor camp is easy to identify.
However, in the name of Community Correction Law,
all the illegal measures of the Labor Camp will become legalized."
In Western society, Community Correction is a non-custodial
There is a tolerance and respect for the offender.
It provides opportunities for the offenders to return to family
and society, reflecting humanity in the punishment, and is
regulated by the judiciary system.
The Chinese Community Correction Law Article 7 stipulates
that Local Government
and its mass organizations such as the Neighborhood Committees
and Village Committees will collaborate with specialized state
agencies in developing the Community Corrections.
In addition, Article 8 regulates, that the county level government,
judicial and administrative departments, and Community
Correction agencies are responsible for implementing
Community Corrections and its tasks.
Law professor Zhang Zanning, Nanjing Southeast University:
“This legislation is a violation of the Constitution.
It expands the executive power over the jurisdiction.
This abusive regulation will turn the entire state into a big prison."
In fact, before the abolition of labor camp, Chinese media had
reported that the Justice Department has adopted the Community
Correction Law into the legislative plan.
The implementation has already begun across the country.
According to Justice Department statistics, there are currently
667,000 people receiving Community Correction.
Law professor Zhang Zanning: “Implementation before it’s
effective is also violating the law."
Law professor Zhang Zanning points out, the Article 6 in the
Community Correction Law provides,
that the judicial and administrative authorities, prison authorities,
judicial and procuratorial organs, and public security organs,
take over the Community Correction tasks. This is causing
confusion of state organs’ duties.
In addition, Article 13 regulates that the judicial organs should,
pay attention to sentencing recommendations from the
procuratorate, the defense counsel, judicial and administrative
authorities, police authorities, and prison authorities.
Law professor Zhang Zanning: “The judiciary organs should
be neutral towards both sides, the prosecution and the defense.
Including the opinions on sentencing from the judiciary,
administration, police, and prison, violates the process of law."
Human Rights Campaign in China founder Hu Jun indicates,
the CCP’s Correction Law is turning the society into a prison.
It is very likely to develop like the City Urban Administrative
and Law Enforcement Bureau, commonly known as Chengguan.
Temporary workers will be hired to manage the correction centers.
It will not only increase the tax burden of the people,
but also allow the CCP to escape the responsibility when murders
and chaos occur, blaming those temporary workers as the culprits.
Interview & Edit/Liu Hui Post-Production/Xiao Yu