མ་བ་ ་་ ་་ "
9
b)
The time
enforced.
c)
limitations for detention are poorly
Individuals can be in detention for several
months and even as long as one or two years due to "ineffective and irresponsible" police work.
In many places Shelter and Investigation detainees are placed in detention with those detained under the Administrative Penalty Regulations, persons under arrest awaiting trial and convicted criminals serving short term sentences as well as Labor Re-education
detainees.
According to these writers there are calls for the abolition of Shelter and Investigation within the Chinese legal community. (3) However they prefer a thorough reform of the system, including the amendment of the Criminal Procedure Law to regulate its use and a change in emphasis from 'shelter' to 'investigation' with detailed guidelines controlling the subjects of investigation.
Shelter
The writers are concerned that abolition of and Investigation would leave public security authorities without effective means to control transient
law breakers.
that
the
30%-40%
Chinese
In Guangzhou and Shenzhen it is estimated of crime is committed by transients. In 1988 press reported that the transient or "floating population" (persons who are temporarily residing away from their registered places of residence) has reached a record
estimate of 50 million persons.
5. Labor Re-education
As noted above in section 4, the legal basis for Labor Re-education
) also originated in the
(労働教養
1957 State Council Decision on Questions concerning Labor