Custody and repatriation
Encyclopedia
Custody and repatriation (Chinese
: 收容遣送; Pinyin
: shōuróng qiǎnsòng) (C&R) was an administrative procedure, established in 1982 and ended in 2003, by which the police in the People's Republic of China (usually cities) could detain people if they did not have a residence permit (hukou
) or temporary living permit (zanzhuzheng), and return them to the place where they could legally live or work (usually rural areas). At times the requirement included possession of a valid national identity card.
), and by then several million people had been through them. As well as migrant workers, the Chinese camps usually contained vagrants, beggars, petitioners, and criminals, and the police (Public Security Bureau
) earned income by this traffic and sometimes workers' unpaid labor. Often the detentions were unfairly long.
system of residence (traditional family registers found in several Asia
n countries), work permits (issued by police on behalf of work units or employers) to prevent uncontrolled population movements, as passports and visas do internationally, and identification cards, (Jumin Shenfenzheng (居民身份证). In turn, this regulation extended older rules that were used to enforce extrajudicial movements of Nationalist
troops away from liberated cities. But as the economic development
of cities in the east
later required increased domestic migrant workers, the regulations were not adequately adapted or were unfairly enforced, by the Public Security Bureau (police, supposed to be in charge of deportation) instead of the Ministry of Civil Affairs (supposed to be in charge of detention). These abuses became apparent in years before 2003 and there were internal and external warnings and discussion, with some improvements but little effect overall. There were some unpublicized deaths similar to what later occurred.
On March 20, 2003, 27-year-old Sun Zhigang died in the medical clinic of a detention center (Chinese:拘留所) in an area of south China that depends on migrant labor (Chinese:農民工). Sun was a Wuhan
university graduate and fashion designer who had gone to Guangzhou
to work. Three weeks later, as he walked to an internet bar, police asked for his temporary living permit (Chinese:暫住証) and his identity card. He had not applied for the permit and he had forgotten the ID card (which contains the place of registration but does not give the right to live or work in some area). His residence permit (hukou
) was with his family in Hubei
. He called his friends to bring his ID card. Three days later, a friend called his family to tell them of the death.
An official autopsy
at Zhongshan University, authorized by Sun's family, later showed a savage beating of his body 72 hours before the death, although there were no signs of external damage. The detention center's medical clinic had reported the cause of death was a heart attack or a stroke
. Sun's father stated that he was sorry that because Sun was a university graduate he probably argued or resisted the police over what he considered a human rights issue.
(Southern Metropolitan Daily) in Guangdong
, on April 25, during the SARS epidemic--the official reaction or lack of it to SARS had already created much controversy on the Internet, so Internet activity soon skyrocketed, hundreds of thousands of messages, with help from Sun's friends and outraged sympathizers. Some believed that the government censored postings, while most people wanted the government to take some action, but attention was focused only on the Sun case, not the general issue of C&R.
Among these reactions, two groups of senior Chinese legal scholars wrote to the
National People's Congress
, questioning the constitutionality
of the C&R regulation. One particular problem with the regulations was said to be that they had been adopted as regulations by the State Council of the People's Republic of China
(State Council) and not as a law by the full Congress. As a result, it was argued, the C&R law for migrant workers was unconstitutional, on the grounds that it violated citizens' rights articles of the Legislation Law of the People's Republic of China
. As in many other countries, Chinese law does not provide for constitutional judicial review, and — as in systems without a constitution, such as the UK — the legislature or administration instead of judges must change laws deemed unconstitutional. There has been some movement by legal reformers to use courts (xianfa sifahua) and bureaucracy
to experiment with constitutionalism
.
A similar argument was that the C&R regulations "violate the 1996 Administrative
Punishment Law, which states that administrative punishments which restrict personal freedom may only be authorized by laws passed by the [full] Congress." Both criticisms echoed statements published in earlier years by lawyers and legal scholars.
In addition to the legal arguments, some reports by those with contact with the detention centers (including an official report) indicated that not only were the conditions worse than prisons or reeducation camps (including beatings and prolonged detentions without trial), but also sometimes the police used the system to kidnap and extort more than expenses from the families of the accused. These reports echoed earlier ignored warnings.
Wen Jiabao
announced that C&R regulations were abolished (effective August 1) and the detention centers would be replaced by simply Measures for Assisting Vagrants and Beggars with No Means of Support in Cities, just to care for poor beggars or homeless persons. No discussion ensued about any basis for the decision in the constitutional arguments. The continuing centers for vagrants were not allowed to collect fees from families nor require work. The legal system of hukou
and residency and work permits for migrant workers did not change, but enforcement has not been as strict in most cases, and migrant labor and travel has continued unimpeded. Although there is no C&R, there is still some difficulty since workers from rural areas use city services
without paying for it like registered urban residents, or are denied services such as schools
. In addition, some migrant construction workers have been reported to have been unable to collect wages, insurance
, or medical care from employers.
During the Internet discussion in China after Sun's death there were many viewpoints as to problems and solutions, but the fervor died down after the central government
's compromise solution, which may have avoided the underlying issues. The government's action met approval by citizens as well as netizen
s. Some believe the activity demonstrated the power of unrestrained Internet use by individual citizens against government power, but in the end, as in the SARS crisis, it appealed to and reaffirmed government power.
Nanfang Dushi editor Cheng Yizhong and three editors were charged with corruption
in connection with the Sun case reporing, and other offenses. Allegedly Cheng misused funds from a (local) state-owned enterprise. Human rights lawyers asserted that the actions were local official revenge for the journalists' expression of press freedom. Whatever the case, their defense lawyers quickly secured his release from prison. as well as that of another, and reduced sentences for the others. Human rights lawyers considered the Sun and Cheng cases together as a victory for human rights legal struggle ("weiquan").
A few months later, two men found directly responsible for murdering Sun were sentenced to death (one suspended), 10 accessories were sent to prison for terms between six months and life, six civil servants were sentenced to prison terms of two to three years for malpractice, and later a head nurse was sentenced to two years in prison. Some criticized the decisions because the police investigated, but they concluded no police were indicted.
Sun's father, Sun Liusong, received a $53,000 settlement from the government and
stated "now Zhigang can sleep well in the nether world."
Chinese character
Chinese characters are logograms used in the writing of Chinese and Japanese , less frequently Korean , formerly Vietnamese , or other languages...
: 收容遣送; Pinyin
Pinyin
Pinyin is the official system to transcribe Chinese characters into the Roman alphabet in China, Malaysia, Singapore and Taiwan. It is also often used to teach Mandarin Chinese and spell Chinese names in foreign publications and used as an input method to enter Chinese characters into...
: shōuróng qiǎnsòng) (C&R) was an administrative procedure, established in 1982 and ended in 2003, by which the police in the People's Republic of China (usually cities) could detain people if they did not have a residence permit (hukou
Hukou
A Hukou or huji refers to the system of 'class system' residency permits which dates back to ancient China, where household registration is required by law in People's Republic of China and Republic of China ....
) or temporary living permit (zanzhuzheng), and return them to the place where they could legally live or work (usually rural areas). At times the requirement included possession of a valid national identity card.
Background
In China there were reported to be some 800 detention camps in 2000 (not including BeijingBeijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
), and by then several million people had been through them. As well as migrant workers, the Chinese camps usually contained vagrants, beggars, petitioners, and criminals, and the police (Public Security Bureau
Public Security Bureau
In the People's Republic of China, a public security bureau refers to the government offices while the smaller offices are called Police posts which are similar in concept to the Japanese Kōban system) present in each province and municipality that handles policing , public security, and...
) earned income by this traffic and sometimes workers' unpaid labor. Often the detentions were unfairly long.
History
The ostensible reason for the C&R regulation in 1982 in China was to ameliorate the situation of people in the cities who were beggars or homeless. Originally it applied to "three withouts persons," those with "no fixed place of residence, no means of livelihood and no permits to live in the city in question" but later it was applied in 1991 to others without just the residence or work permits. It built on a 1961 Party directive implementing the hukouHukou
A Hukou or huji refers to the system of 'class system' residency permits which dates back to ancient China, where household registration is required by law in People's Republic of China and Republic of China ....
system of residence (traditional family registers found in several Asia
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...
n countries), work permits (issued by police on behalf of work units or employers) to prevent uncontrolled population movements, as passports and visas do internationally, and identification cards, (Jumin Shenfenzheng (居民身份证). In turn, this regulation extended older rules that were used to enforce extrajudicial movements of Nationalist
Kuomintang
The Kuomintang of China , sometimes romanized as Guomindang via the Pinyin transcription system or GMD for short, and translated as the Chinese Nationalist Party is a founding and ruling political party of the Republic of China . Its guiding ideology is the Three Principles of the People, espoused...
troops away from liberated cities. But as the economic development
Economic development
Economic development generally refers to the sustained, concerted actions of policymakers and communities that promote the standard of living and economic health of a specific area...
of cities in the east
East China
East China is a geographical and a loosely-defined cultural region that covers the eastern coastal area of China.Although an intangible and loosely defined concept, for administrative and governmental purposes, the region is defined by the government of the People's Republic of China to include...
later required increased domestic migrant workers, the regulations were not adequately adapted or were unfairly enforced, by the Public Security Bureau (police, supposed to be in charge of deportation) instead of the Ministry of Civil Affairs (supposed to be in charge of detention). These abuses became apparent in years before 2003 and there were internal and external warnings and discussion, with some improvements but little effect overall. There were some unpublicized deaths similar to what later occurred.
Sun Zhigang
The legal procedure of C&R for migrant workers was ended by the central government in 2003 after a related death received massive attention in newspapers and on the Internet in China. This was the case of Sun Zhigang (Chinese: 孫志剛事件).On March 20, 2003, 27-year-old Sun Zhigang died in the medical clinic of a detention center (Chinese:拘留所) in an area of south China that depends on migrant labor (Chinese:農民工). Sun was a Wuhan
Wuhan
Wuhan is the capital of Hubei province, People's Republic of China, and is the most populous city in Central China. It lies at the east of the Jianghan Plain, and the intersection of the middle reaches of the Yangtze and Han rivers...
university graduate and fashion designer who had gone to Guangzhou
Guangzhou
Guangzhou , known historically as Canton or Kwangchow, is the capital and largest city of the Guangdong province in the People's Republic of China. Located in southern China on the Pearl River, about north-northwest of Hong Kong, Guangzhou is a key national transportation hub and trading port...
to work. Three weeks later, as he walked to an internet bar, police asked for his temporary living permit (Chinese:暫住証) and his identity card. He had not applied for the permit and he had forgotten the ID card (which contains the place of registration but does not give the right to live or work in some area). His residence permit (hukou
Hukou
A Hukou or huji refers to the system of 'class system' residency permits which dates back to ancient China, where household registration is required by law in People's Republic of China and Republic of China ....
) was with his family in Hubei
Hubei
' Hupeh) is a province in Central China. The name of the province means "north of the lake", referring to its position north of Lake Dongting...
. He called his friends to bring his ID card. Three days later, a friend called his family to tell them of the death.
An official autopsy
Autopsy
An autopsy—also known as a post-mortem examination, necropsy , autopsia cadaverum, or obduction—is a highly specialized surgical procedure that consists of a thorough examination of a corpse to determine the cause and manner of death and to evaluate any disease or injury that may be present...
at Zhongshan University, authorized by Sun's family, later showed a savage beating of his body 72 hours before the death, although there were no signs of external damage. The detention center's medical clinic had reported the cause of death was a heart attack or a stroke
Stroke
A stroke, previously known medically as a cerebrovascular accident , is the rapidly developing loss of brain function due to disturbance in the blood supply to the brain. This can be due to ischemia caused by blockage , or a hemorrhage...
. Sun's father stated that he was sorry that because Sun was a university graduate he probably argued or resisted the police over what he considered a human rights issue.
Arguments
Sun's family reported the information to investigative reporters at Nanfang Dushi BaoNanfang Daily
The Southern Daily is the official Guangdong Communist Party newspaper, sister to the more lively and commercial Southern Metropolis Daily and part of the giant Southern Media Group....
(Southern Metropolitan Daily) in Guangdong
Guangdong
Guangdong is a province on the South China Sea coast of the People's Republic of China. The province was previously often written with the alternative English name Kwangtung Province...
, on April 25, during the SARS epidemic--the official reaction or lack of it to SARS had already created much controversy on the Internet, so Internet activity soon skyrocketed, hundreds of thousands of messages, with help from Sun's friends and outraged sympathizers. Some believed that the government censored postings, while most people wanted the government to take some action, but attention was focused only on the Sun case, not the general issue of C&R.
Among these reactions, two groups of senior Chinese legal scholars wrote to the
National People's Congress
National People's Congress
The National People's Congress , abbreviated NPC , is the highest state body and the only legislative house in the People's Republic of China. The National People's Congress is held in the Great Hall of the People, Beijing, capital of the People's Republic of China; with 2,987 members, it is the...
, questioning the constitutionality
Constitution of the People's Republic of China
The Constitution of the People's Republic of China is the highest law within the People's Republic of China. The current version was adopted by the 5th National People's Congress on December 4, 1982 with further revisions in 1988, 1993, 1999, and 2004. Three previous state constitutions—those of...
of the C&R regulation. One particular problem with the regulations was said to be that they had been adopted as regulations by the State Council of the People's Republic of China
State Council of the People's Republic of China
The State Council of the People's Republic of China , which is largely synonymous with the Central People's Government after 1954, is the chief administrative authority of the People's Republic of China. It is chaired by the Premier and includes the heads of each governmental department and agency...
(State Council) and not as a law by the full Congress. As a result, it was argued, the C&R law for migrant workers was unconstitutional, on the grounds that it violated citizens' rights articles of the Legislation Law of the People's Republic of China
Law of the People's Republic of China
Law of the People's Republic of China is the legal regime of the People's Republic of China, with the separate legal traditions and systems of Mainland China, Hong Kong, and Macau....
. As in many other countries, Chinese law does not provide for constitutional judicial review, and — as in systems without a constitution, such as the UK — the legislature or administration instead of judges must change laws deemed unconstitutional. There has been some movement by legal reformers to use courts (xianfa sifahua) and bureaucracy
Bureaucracy
A bureaucracy is an organization of non-elected officials of a governmental or organization who implement the rules, laws, and functions of their institution, and are occasionally characterized by officialism and red tape.-Weberian bureaucracy:...
to experiment with constitutionalism
Constitutionalism
Constitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
.
A similar argument was that the C&R regulations "violate the 1996 Administrative
Punishment Law, which states that administrative punishments which restrict personal freedom may only be authorized by laws passed by the [full] Congress." Both criticisms echoed statements published in earlier years by lawyers and legal scholars.
In addition to the legal arguments, some reports by those with contact with the detention centers (including an official report) indicated that not only were the conditions worse than prisons or reeducation camps (including beatings and prolonged detentions without trial), but also sometimes the police used the system to kidnap and extort more than expenses from the families of the accused. These reports echoed earlier ignored warnings.
Results
On 20 June 2003, PremierPremier of the People's Republic of China
The Premier of the State Council of the People's Republic of China , sometimes also referred to as the "Prime Minister" informally, is the Leader of the State Council of the People's Republic of China , who is the head of government and holds the highest-ranking of the Civil service of the...
Wen Jiabao
Wen Jiabao
Wen Jiabao is the sixth and current Premier and Party secretary of the State Council of the People's Republic of China, serving as China's head of government and leading its cabinet. In his capacity as Premier, Wen is regarded as the leading figure behind China's economic policy...
announced that C&R regulations were abolished (effective August 1) and the detention centers would be replaced by simply Measures for Assisting Vagrants and Beggars with No Means of Support in Cities, just to care for poor beggars or homeless persons. No discussion ensued about any basis for the decision in the constitutional arguments. The continuing centers for vagrants were not allowed to collect fees from families nor require work. The legal system of hukou
Hukou
A Hukou or huji refers to the system of 'class system' residency permits which dates back to ancient China, where household registration is required by law in People's Republic of China and Republic of China ....
and residency and work permits for migrant workers did not change, but enforcement has not been as strict in most cases, and migrant labor and travel has continued unimpeded. Although there is no C&R, there is still some difficulty since workers from rural areas use city services
Public services
Public services is a term usually used to mean services provided by government to its citizens, either directly or by financing private provision of services. The term is associated with a social consensus that certain services should be available to all, regardless of income...
without paying for it like registered urban residents, or are denied services such as schools
Education in China
Education in China may refer to:*Education in the People's Republic of China*Education in Hong Kong*Education in Macau*Education in the Republic of China For historical perspectives, see*History of education in China*Imperial examination...
. In addition, some migrant construction workers have been reported to have been unable to collect wages, insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
, or medical care from employers.
During the Internet discussion in China after Sun's death there were many viewpoints as to problems and solutions, but the fervor died down after the central government
Central government
A central government also known as a national government, union government and in federal states, the federal government, is the government at the level of the nation-state. The structure of central governments varies from institution to institution...
's compromise solution, which may have avoided the underlying issues. The government's action met approval by citizens as well as netizen
Netizen
The term Netizen is a portmanteau of the English words internet and citizen. It is defined as an entity or person actively involved in online communities and a user of the internet, especially an avid one. The term can also imply an interest in improving the internet, especially in regard to open...
s. Some believe the activity demonstrated the power of unrestrained Internet use by individual citizens against government power, but in the end, as in the SARS crisis, it appealed to and reaffirmed government power.
Nanfang Dushi editor Cheng Yizhong and three editors were charged with corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...
in connection with the Sun case reporing, and other offenses. Allegedly Cheng misused funds from a (local) state-owned enterprise. Human rights lawyers asserted that the actions were local official revenge for the journalists' expression of press freedom. Whatever the case, their defense lawyers quickly secured his release from prison. as well as that of another, and reduced sentences for the others. Human rights lawyers considered the Sun and Cheng cases together as a victory for human rights legal struggle ("weiquan").
A few months later, two men found directly responsible for murdering Sun were sentenced to death (one suspended), 10 accessories were sent to prison for terms between six months and life, six civil servants were sentenced to prison terms of two to three years for malpractice, and later a head nurse was sentenced to two years in prison. Some criticized the decisions because the police investigated, but they concluded no police were indicted.
Sun's father, Sun Liusong, received a $53,000 settlement from the government and
stated "now Zhigang can sleep well in the nether world."
See also
- Law enforcement in the People's Republic of ChinaLaw enforcement in the People's Republic of ChinaLaw enforcement in the People's Republic of China consists of an extensive public security system and a variety of enforcement procedures are used to maintain order in the country...
- Constitution of the People's Republic of ChinaConstitution of the People's Republic of ChinaThe Constitution of the People's Republic of China is the highest law within the People's Republic of China. The current version was adopted by the 5th National People's Congress on December 4, 1982 with further revisions in 1988, 1993, 1999, and 2004. Three previous state constitutions—those of...
External links
- Chinese Protest Online: The Case of Sun Zhigang by the Human Rights WatchHuman Rights WatchHuman Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
- China crawls slowly towards judicial reform, by Thomas E. Kellogg and Keith Hand, Asia Times, 25 Jan. 2008.
- pekingduck.org
- chinadigitaltimes.net
- Time magazine
- fas.org
- hrichina.org
- backspace.com
- cecc.gov
- zonaeuropa.com
- Human Rights Watch
- ukzn.ac.za