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IP and Law
Prostitution exemptionsPosted by Joel Martinsen, November 16, 2006 12:06 AM
According to "Rules for handling re-education cases for Liaoning Provice security organizations", the following 14 classes of individuals will not be given re-education for their involvement in prostitution:
Explanation: Liu Leguo, captain of the security division of Liaoning's PSB, said that in the process of striking at prostitution, some local public security organizations, out of a desire to reach quotas for re-education and fines, have struck hard at prostitution but have overlooked everyday management; they have fined heavily, but have neglected to punish the owners of the establishments involved. Improper enforcement has led to "fishing" and other abnormal methods. The original use of re-education as practiced by public security organs also experienced problems such as prescribed targets and improper handling of case procedure. These problems not only cause harm to the respect for the law and injure the reputation of public security organs, but they infringe on the legal rights of citizens, and the public has reacted strongly. Captain Liu Leguo said that Liaoning's public security organizations would strictly enforce the law, resolutely correct the phenomenon of sending down quotas to lower-level units, carry out re-education cases in strict accordance with procedure, to ensure the quality of the cases. From now on, public security organs will mainly focus on striking at organized prostitutions and their host establishments, striking at proprietors who entice or force others to engage in nude escort services, striking at open prostitutition, and striking at known prostitutes who operate with impunity. -- China News Commentary: Re-education is a mode of reforming thoughts and actions of those who engage in prostitution or solicitation; looking at it from a legal standpoint, these measures are necessary, humane, and beneficial to the self-transformation of those engaged in prostitution or solicitation, allowing them to find a new place in life. Liaoning, though, will not provide re-education to these 14 classes of individuals engaged in prostitution; rather, it seems that they are being placed outside of the mercy of the law. An interested individual said: this regulation displays the public security organs' humanistic thinking - an emphasis on education, reformation, and rescue, a de-emphasis of punishment, and a shrinking of antagonism and confrontational emotions. So that means that re-education increases antagonism and manufactures confrontation; it is anti-humanistic. Is this "theory" tenable? It's like when you catch a petty thief - to demonstrate the humanity of the police, you can let him go without a word, and say to the public, we are showing our humanity to the thief, minimizing antagonism, shrinking confrontation. When we used to use punishment against thieves, confining them in prison, it was because we were too inhumane - does this make sense anywhere in the world? Emphasizing education, reformation, and resuce for those engaged in prostitution should be based on format, not on age, to determine whether one should be subject to re-education. Isn't it even more necessary for first-time offenders and those under the age of 18 who engage in prostitution or solicitation to undergo an enforced form of rescue? And for "those at KTV parlors and other entertainment venues, or at service establishments such as saunas and massage parlors who, out of business motives, engage in masturbation or oral sex" to be exempt from re-education is a bit hard to understand - whether a robber uses a knife or a gun to kill someone, he still kills someone. As for old people above 60, the mentally-ill, the blind, and the pregnant, they can be dealt with in a humanistic fashion according to the relevant statues. However, the necessary education and effort to provide a new career track and income source should still be done; otherwise, the public security department is not doing its job in correcting the problem of prostitution. -- Li Zhenzhong / Dahe Online
Of course, not carrying out re-education for these fourteen classes does not mean they will not be educated. When their actions are discovered by the police, they should still be given reminders, and first-time offenders especially should be given strong warnings. -- Dong Hongda / People Online |
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Comments on Prostitution exemptions
You should read the translation from Russian of Mikhail Armalinsky's essay on prostitution "A She-Savior" that was published in Moscow edition of his Selected Works.
I will be happy to send you the text as attachment or here is the link.
The translation is made by the prominent Slavic scholar Dr. Brian Baer.
The main idea of the essay "A She-Savior" is that the legalization of prostitution must be based on a return of its divine, sacred character, so that prostitution will be considered the most honorable profession, the one closest to God, the holiest.
Here are the chapters:
A Short History of Prostitution
A Comprehensive Definition of the Prostitute
Why Young Men Need Prostitutes
Why the Lonely Need Prostitutes
Why Married Men Need Prostitutes
Why the Poor Need Prostitutes
Why Old Men Need Prostitutes
Why the Sick and Deformed Need Prostitutes
Why Every Man Needs a Prostitute
The Prostitute and the "Proper" Woman
The Causes and Incentives of Prostitution
Hatred of Prostitutes
The Future of Prostitution