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That article is no longer available on the Beijing News website. However, it can still be found here. There are no specific standards to guide this decision.
BJN : Six months to two years, is that too heavy a punishment for prostitution and solicitation? TWC : Under the Public Security Administrative Punishment Law, [the police] are able to keep someone in custody for 15 days for a prostitution-related offense.
This is often more severe than the punishment under the criminal law. Whether this [disparity] is fair or not is pending discussion. So long as they have this right, there will be problems. TWC : Because both are systems that restrict personal liberty, in essence they are the same. It is only the people targeted and the length of the punishment that are different. As a result, they must be repealed. Unfortunately, it took the detention of a famous male actor for the Chinese media to criticize an unlawful detention system that has long been used against low-income female sex workers.
Neither was charged with a crime. Neither ever saw the inside of a courtroom. But the Beijing police diverged from the usual pattern when, on May 15, , it went after Huang Haibo and presumably a high-end. At first, the police gave Huang and his cohort a lighter sentence of 15 days administrative detention under the more generic Public Security Administrative Punishment Law. There is no impartial judge that the individual can appeal to; there is no lawyer. While there is an appeal mechanism, the first step is to ask the police to reconsider the sentence Art.
Only after that reconsideration can the individual seek to bring a lawsuit against the state. But without a lawyer, that rarely happens. But those due process violations alone were not enough to overturn RTL.