TNAG-1865-FCO40-2646-Legal-system-in-China-1989 — Page 20

7

public security

Labor

during

State

labor

authorities

Re-education

to detain an individual for

(勞動教養 ). In the summer of 1957,

the extremely repressive Anti-Rightist Campaign, the

Council passed the "Decision on Questions concerning

Re-education"

which authorized the

Ministries to

take

國務院關於勞動教養問題的决定

Public Security and Civil Affairs

into 'shelter' and impose labor

re-education on persons found to be among four socially reprensible groups. In summary, these consisted of persons without employment or resisting employment who were associated with petty crime or minor counter-revolutionary or anti-socialist activities. In 1960 the State Council

supplemented this legislation with a directive authorizing the public security authorities to use 'shelter' as a coercive measure for the investigation of persons suspected

of being "transient law-breakers" ( 流竄 ).

By the late 1970's, in the aftermath of the Cultural Revolution, Shelter and Investigation and Labor Re-education had emerged as two distinct police powers. In 1980 а State Council circular directed that Shelter and Investigation should be used for persons involved in minor illegal conduct who are suspected of involvement in gangs

transient law breaking. This edict was

or

habitual or

supplemented

manner

by a 1985 circular of the Public Security Ministry which stated that the purpose of Shelter and Investigation is the rigorous control of those suspected of transient law breaking or those who act in an illegal and do not provide their true names or addresses or do not explain their backgrounds. According to commentators writing in Law Science Monthly, the scope of Shelter and Investigation contained in Public Security Ministry's circular is an unauthorised amendment of superior legislation. (2) Nonetheless it is

throughout

otherwise

Chinese

expanded

the

in

use by public security units

China.

སྟང་་་་་་

! ས་་

- - 'זי

པགས་སླང པ 1:ཡམས ོ8m་་་་་