Preface
In the costume TV dramas filmed in recent years, we can often see some harsh punishments for women who have lost their virginity, such as immersion in pig cages and so on.
These things seem very far away from our daily lives, and have been dramatized by TV dramas to a certain extent, but they still reflect the cruelty of ancient punishments for related issues in a certain period of time.
In modern civilized society, due to the emphasis on human rights and privacy rights, similar punishment methods to have long been cancelled, and have been swept into the garbage heap of history.
This is because the purpose of this series of punishments is not to reform, but to humiliate women, which is completely contrary to the purpose of modern criminal law.
The case of this article is related to the personal dignity of such special professional women.
Summary of the case
In early July 2022, a signboard on a street somewhere in Jiangxi attracted the attention of passing people. People pointed at it one after another, while some people avoided it.
It turns out that on this stand, there are a lot of photos of women who have lost their feet , and they all look unsightly and uncomfortable to look at. The text on the
sign reads, "The woman who slipped here has been detained! You have entered the surveillance area. Please do not come here to hang out or wander around again, otherwise you will be photographed and exposed!"
In addition, there are many illegal customers and providers hanging around. Convenient photos of the landlord, and inform these people in text that if they report the relevant people, they can get heavy rewards, and if they assist, they will be detained!
This move can be said to make most people in this industry chain public, rather than just publicizing the women who have made mistakes.
In these photos, you can see that they have been partially obscured, but they are not too large. If you are an acquaintance, it should not be difficult to identify him.
After these signboards aroused heated discussion in the local area, many people posted them online, triggering a larger-scale discussion.
People are quarreling and arguing over whether it is inappropriate to publish the personal information of these illegal practitioners.
supporter believes that these women themselves choose to engage in this industry and get the opportunity to make quick money in illegal ways, so they should accept being exposed as a punishment for them.
In addition, some supporters also believe that exposing these women not only maintains social order, but also reduces the risk of honest people "matching up" . This can be said to kill two birds with one stone, and this approach should be encouraged.
opponents believe that even if these women do something disgraceful, they are still citizens protected by the law, and should protect their privacy rights.
Moreover, once their personal photos are published, these people's personal reputations may be seriously damaged. Even if they want to turn around, it will be difficult and they will be discriminated against, which will affect the effectiveness of the reform.
The opinions of people on both sides are reasonable, and it is difficult to refute the other side, which makes the matter intensify.
As the public opinion wave hit, the local department obviously felt a lot of pressure, and finally chose to remove all the signboards and issued an announcement to clarify the matter. The
matter has been put to rest with the removal of the sign, but the law behind it is still worthy of our consideration.
I have a superficial understanding of
Whether the sign in this case is inappropriate or not, I believe the local department may have considered it before setting it up, otherwise they would not have dismantled it quickly after attracting attention.
If this is the case, why do the relevant departments have to "take this step"?
I think we can get a glimpse of it through media interviews with local residents.
According to reports from local residents, these streets used to have a large number of women standing on the street to greet customers. They are very famous local colored streets.
These illegal behaviors are so serious that if normal local businesses just say they do business in this neighborhood, others will give meaningful reactions, making them very embarrassed.
As for such a deep-rooted illegal industry, within a few days after the establishment of the brand, a large number of foot bath shops closed down, and all the foot bath shops disappeared.
This is enough to prove that this move indeed plays a key role in combating illegal industries, and has its important significance.
However, the fact that it has played a huge role does not mean that this move does not contain any problems. Its connotation is very similar to the ancient parade, and it is suspected of infringing on the personal dignity of others.
In fact, this behavior is very similar to the " fruit of the poisonous tree " theory in the legal circle. The theory of
is simply this: If adopts illegal means and achieves good and successful results, should this behavior be supported?
This issue is often denied in the discussion of "torture to extract confessions" because most people agree that even if useful information may be obtained by beating prisoners, it will inevitably lead to unjust convictions in many cases.
Since forced confessions directly cause harm to the prisoner's body, and unjust cases may cause him to be imprisoned for a long time, and everyone is afraid that they will be wronged by agreeing to forced confessions, so most people choose to oppose it.
But if you encounter a poisonous tree like this one that is not too "poisonous" and is almost impossible to poison yourself, people's choices will inevitably be shaken, thinking that the person involved suffered it himself and deserves it.
This is not only related to the fact that privacy rights are generally not taken seriously in China, but also related to the tendency of severe punishment.
Most people actually don't care about the education and reform of criminals, and even think that it is completely unnecessary to spend a lot of money to reform them, which is a complete waste of resources.
For this kind of people, severe punishment in various ways can be widely recognized, and even become a kind of "repay" for those who abide by the law. It is understandable that this idea of
is popular among ordinary people. It is a product of the joint influence of traditional culture and living habits, and it itself belongs to freedom of speech.
But it is the professional judicial department that puts this idea into practice, which obviously loses their due professionalism.
As far as the Ministry of Public Security, the highest authority directly under it, has specifically prohibited such measures many years ago in the "Notice on Strengthening the Education and Rescue of Prostituted Women in the Prohibition of Prostitution, Whoring and Other Illegal and Criminal Activities". ,
It requires public security organs at all levels to pay attention to protecting the personal rights and health rights, reputation rights, and privacy rights of women in prostitution and employees in entertainment service venues during their work, and they must not discriminate, abuse, or beat.
Women shall not be humiliated by means of parades in the streets, public exposure, or other methods that insult human dignity. The method of
itself is illegal. Although it has indeed had a good impact on local public security, it is obviously impossible to deny its own inappropriateness.
For illegal persons who publish personal information, both the "Public Security Administration Punishment Law" and the "Criminal Law" have special provisions to punish them.
For example, the Public Security Law stipulates: Those who engage in prostitution or whoring shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 5,000 yuan; if the circumstances are relatively minor, they shall be detained for not more than 5 days or fined not more than 500 yuan.
Anyone soliciting prostitution in public places shall be detained for not more than 5 days or fined not more than 500 yuan.
Whoever lures, shelters or introduces others to prostitution shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 5,000 yuan; if the circumstances are relatively minor, he shall be detained for not more than 5 days or fined not more than 500 yuan.
Since there are already relevant regulations, imposing additional penalties in addition to the regulations is obviously without legal basis and unconvincing, nor can it be perfectly explained by "serious diseases require strong medicines".
What do you think of this case? Do you support the practice of exposing women who have fallen into disrepair?
