Political adviser calls for review of punishment for prostitution

At this year's Two Sessions, lawyer Zhu Zhengfu, a member of China's political advisory body, the Chinese People's Political Consultative Conference (CPPCC), submitted a proposal asking for a constitutional review of a controversial punishment for prostitution – the “custody and education system.”

It’s a punishment usually for people who have been repeatedly involved in prostitution and has been in place in China for over 25 years. Under this system, people involved in prostitution can be detained for a period ranging from six months to up to two years without trial.

In 2014, Chinese actor Huang Haibo was put under “custody and education” for half a year following a prostitution scandal. The issue drew broad attention and sparked widespread public debate.

Zhu Zhengfu, a member of the Chinese People's Political Consultative Conference (CPPCC)

In was the same year that Zhu Zhengfu proposed abolishing the penalty. It didn’t succeed. Zhu says the punishment has no legal basis. This year he submitted the proposal again, asking to review whether the system is constitutional.

“China’s Constitution protects citizens’ human rights,” Zhu Zhegnfu told CGTN. “The Legislation Law stipulates that mandatory measures and penalties that limit personal freedom can only be made through laws. But the custody and education system was a measure issued by the State Council, not a law."

Besides that, the penalty is not even written in the Administrative Penalty Law.

“The system means detention for up to two years,” Zhu added. “It’s the heaviest administrative penalty, and should be listed clearly in the Administrative Penalty Law. But it’s not.”

By proposing a constitutional review, Zhu hopes to push for the system’s abolition as soon as possible.

(CGTN)