<h1 class="pgc-h-arrow-right" data-track="1" > case overview</h1>
On the evening of October 21, 2021, the Beijing Chaoyang police, known as the "bad star catcher", issued an announcement that Li Moudi, a Chinese piano prince who was once well-known at home and abroad and had attended many middle school English textbooks, was arrested by the police on suspicion of pCs and sentenced to administrative detention.
In fact, the content of the Chaoyang police report is extremely simple and clear, Li Moudi pc was arrested and sentenced to administrative detention. So, how many days will he be detained?
<h1 class="pgc-h-arrow-right" data-track="24" > lawyers</h1>
01 How the Piano Prince should be handled
The first paragraph of article 66 of the Law of the People's Republic of China on Public Security Administration Punishments stipulates that whoever engages in prostitution or prostitutes 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 less serious, he shall be detained for not more than 5 days or fined not more than 500 yuan.
According to this provision, as well as the information reported by the Chaoyang police, Li Moudi will wait for him in the absence of other violations of the administration of public security, and may be fined less than 5,000 yuan.
Coincidentally, the piano prince's bad deeds often remind many people of another star, Huang Moubo, who was dealt with for PC seven years ago, and he was also taken into custody and educated for six months after being punished by the police for administrative detention. So, will the piano prince also be sheltered and educated? The answer is no.
Paragraph 2 of Article 4 of the Decision of the Standing Committee of the National People's Congress on Strictly Prohibiting Prostitution and Prostitution, promulgated in 1991, stipulates that for prostitutes or prostitutes, the public security organs, in conjunction with relevant departments, may forcibly concentrate on legal, moral education, and productive labor to change their bad habits. The period is six months to two years. Specific measures shall be formulated by the State Council. In accordance with the provisions of this law (the decision of the Standing Committee of the National People's Congress on legal issues should be equivalent to the law), the State Council promulgated the Measures for the Custody and Education of Persons Engaged in Prostitution in 1993 and formulated the custody and education system. After nearly 30 years of implementation of the custody and education system, the Standing Committee of the National People's Congress adopted the Decision of the Standing Committee of the National People's Congress on Abolishing the Laws and Regulations on Custody and Education on December 28, 2019, and implemented it the next day. At this point, for lawbreakers such as the Piano Prince, after receiving administrative punishment, they no longer need to be sheltered and educated.
02Do the Piano Prince still have a chance to "whitewash"?
Theoretically, there is.
China's "Public Security Administration Punishment Law", "Administrative Procedure Law", "Administrative Reconsideration Law" and other laws all stipulate the remedies that the punished person may take when he is dissatisfied with the public security administrative punishment. To put it simply, the Prince of Piano may choose to apply for administrative reconsideration to the Chaoyang District People's Government and the Beijing Municipal Public Security Bureau, and if the relevant conditions are met, the above-mentioned reconsideration organs may revoke the punishment decision on him; and even if the above-mentioned reconsideration organs uphold the administrative punishment imposed on the Piano Prince, the Piano Prince can also sue the court as a joint defendant by the reconsideration organ and the Chaoyang Branch of the Beijing Municipal Public Security Bureau, and if the legal conditions are met, the people's court will also revoke the relevant punishment decisions and the relevant reconsideration decisions. In addition, the Piano Prince can also choose to file a lawsuit directly with the people's court.
By the way, the aforementioned Huang Moubo incident, which occurred seven years ago, is still circulating on the Internet that Huang Moubo was "set up" by people. In fact, whether Huang Moubo or the piano prince is under the trap of others, it has almost no impact on whether his behavior is illegal, unless it is "fishing law enforcement". Because, article 79 of the Public Security Administration Punishment Law stipulates that it is strictly forbidden to use illegal means such as seduction and deception to collect evidence, and evidence collected by illegal means must not be used as the basis for punishment.
<h1 class="pgc-h-arrow-right" data-track="25" > digression</h1>
All along, a considerable number of so-called liberals in China have advocated that China should be like some countries in Europe, the United States and Southeast Asia, allowing the legal existence of independent sex trafficking, and its argument is generally to alleviate the negative impact of the imbalance between men and women, reduce sexual crimes, people have the right and freedom to dispose of their own bodies, etc. Whenever there is such news reports about PCs, they can always throw out such a seemingly philosophical argument as "blocking is better than neglecting".
In fact, even if we do not speculate from a dark perspective on what the people who hold these views really think, it is quite undesirable from the perspective of purely from the perspective of social order. Imagine how many people, driven by interests, will take risks once the so-called autonomous sex trade exists legally, through seduction and even violent threats, to promote others to become sex workers "autonomously" and "voluntarily"? How many people will be voluntarily involved in the sex trade because of seduction or even threats of violence? This can only intensify the exploitation and materialization of the strong against the weak.
(Author Dong Shixun Lawyer)