Hello everyone, I was once. Recently, the incident of Li Yifeng being arrested for prostitution in and was a hot topic. It reminded me of the incident of Huang Haibo being arrested for prostitution in . However, Huang Haibo was 6 months old, and Li Yifeng was only 15 days. Why is this?
Controversial shelter and education system
Before 2019, there was a system called "Measures for the Shelter and Education of Personnel in Prostitution", which we abbreviated as the shelter and education system. This was promulgated by the State Council in 1993. Article 2 stipulates: "Habiting and education refers to administrative compulsory education measures for concentrated legal education and moral education for prostitution and prostitution personnel, organization of participation in productive labor, and conducting venereal disease examinations and treatment."
By 2010, , the State Council revised the system, stipulating: "For prostitutes and prostitution personnel, in addition to being punished in accordance with Article 66 of the Public Security Administration Punishment Law, those who are not yet fully educated, can decide to contain and educate. The period of shelter education is six months to two years. It mainly focuses on the concentrated legal education and moral education for prostitutes, organize participation in productive labor, and conduct venereal disease examinations and treatments."
At first glance, there is nothing wrong with this system. It aims to crack down on prostitution and solicitation. The starting point is good, but it should be noted that the detention stipulated in the of our Criminal Law is only more than one month, and less than six months. A shelter and education system can deprive a citizen of only administrative violations of the law without passing the court trial. To put it bluntly, it means that the punishment is too heavy and the procedures are too simple.
The shelter and education system was abolished
until on December 28, 2019, the 15th meeting of the Standing Committee of the 13th National People's Congress passed the "Decision of the Standing Committee of the National People's Congress on the Abolition of the Legal Provisions and Systems on the Relevance of the Retention and Education Laws", which will come into effect on December 29, 2019. This declares that the controversial shelter and education system has been abolished.
But unfortunately, Huang Haibo did not catch up with the good times. He was arrested in May 2014, and of course he was also subject to the shelter and education system. Therefore, when the 15-day administrative detention of time came, Huang Haibo's family did not wait for him to come out, but was bad news for being sheltered and educated for 6 months.
Li Yifeng, Li Yundi and others are different. They will be detained for 15 days at most and fined 5,000.
At present stage of punishment for prostitution
"Public Security Administration Punishment Law of the People's Republic of China " Article 66: Those who engage in prostitution or solicit prostitution shall be detained for not more than ten days but not more than fifteen days, and may be fined not more than five thousand yuan; if the circumstances are mild, they shall be detained not more than five days or fined not more than five hundred yuan. Those who solicit customers and prostitutes in public places shall be detained for not more than five days or fined not more than five hundred yuan.
Article 67: Those who induce, harbor or introduce others to engage in prostitution shall be detained for not less than ten days but not more than fifteen days, and may be fined not more than RMB 5,000; if the circumstances are minor, they shall be detained not more than five days or fined not more than RMB 500.
The above is about the administrative penalty for . is the maximum detention of for 15 days, and there are several charges about prostitution.
" Criminal Law of the People's Republic of China " Article 358: [Crime of Organizing Prostitution] [Crime of Forced Prostitution] Those who organize or force others to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and shall be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than ten years or life imprisonment of , and shall be fined or property confiscated.
If a minor is organized or forced to engage in prostitution, heavier punishment shall be imposed in accordance with the provisions of the preceding paragraph.
If you commit the first two crimes and commit crimes such as killing, injuring, rape, and kidnapping, you shall be punished in accordance with the provisions of multiple crimes.
[Crime of assisting in organizing prostitution] Those who recruit or transport personnel for persons who organize prostitution or who assist in organizing prostitution shall be sentenced to fixed-term imprisonment of not more than five years and a fine; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years and not more than ten years, and a fine.
Article 359: [Crime of luring, harboring, or introducing prostitution] Those who lure, harbor or introduce others to prostitution shall be sentenced to fixed-term imprisonment of not more than five years, detention or control, and shall be fined; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years and shall be fined.
[Crime of luring young girls to engage in prostitution] Those who lure young girls under the age of fourteen to engage in prostitution shall be sentenced to fixed-term imprisonment of more than five years and a fine.
Article 360: [Crime of spreading sexually transmitted diseases] Those who know that they have syphilis , gonorrhea and other serious venereal diseases shall be sentenced to fixed-term imprisonment of not more than five years, detention or control, and shall be fined.
Article 361: [Regulations on the handling of personnel in specific units for organizing, forcing, luring, harboring, and introducing prostitution] Personnel from hotel industry, catering service industry, cultural and entertainment industry, taxi industry and other units who use the conditions of their units to organize, force, lure, harbor, and introduce prostitution shall be convicted and punished in accordance with the provisions of Articles 358 and 359 of this Law.
The main person in charge of the unit listed in the preceding paragraph who commits the crime in the preceding paragraph shall be punished more severely.
Article 362: [Crime of hiding and sheltering] Personnel from the hotel industry, catering service industry, cultural and entertainment industry, taxi industry and other units, when the public security organs investigate and punish prostitution and prostitution activities, inform the criminals. If the circumstances are serious, they shall be convicted and punished in accordance with the provisions of Article 310 of this Law.
The above is the punishment for prostitution. Generally, individuals who simply go to prostitution or prostitution only involve administrative penalties and are detained for up to 15 days. However, for example, the so-called "chicken heads, madams" and other prostitution organization personnel are suspected of committing crimes.
This time, I also reminded everyone that prostitution is not advisable. is subject to administrative punishment at the least, and the wife and children are separated at the worst. I suffer from incurable symptoms. I will eliminate the mentality of luck, restrain my bad desires, and stay away from prostitution!
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