"Parading in the streets" repeats itself—where is "human dignity"?
Compiled from: The Beijing News
Case review
Recently, a video of several people being escorted to 'parade through the streets for public humiliation' has been widely circulated on social media platforms. In the video, a few people are wearing protective suits, with large photos hanging on the front and back of their bodies, being escorted by relevant personnel to 'parade through the streets for public humiliation'.
It is understood that the incident in the video occurred in Jingxi City, Baise, Guangxi. A video released by the Jingxi Media Center on social media shows that several people involved in this parade were punished for suspected illegal activities such as transporting others across the border illegally and smuggling. The related punitive measures included posting punishment notices at their residences, publicizing them through multiple media channels, and freezing their bank accounts, internet services, and so on.
However, this is not the first time such an incident has occurred in Jingxi City. In August this year, a video released on the Jingxi Municipal People's Government website was titled the "XX Township 'Ten Uniforms' Disciplinary On-site Meeting." It turned out that the local epidemic prevention command had issued a notice this year on implementing the "Ten Uniform Punishment Measures for Border Epidemic Prevention and Control." But judging from the measures in the video, it's clear that they have long moved beyond the scope of "legal punishment," and in terms of dissemination, they are undoubtedly a real-life version of "public parading."
Article 38 of the Constitution
The personal dignity of citizens of the People's Republic of China shall not be violated. It is forbidden to insult, slander, or falsely accuse and frame citizens by any means.
Article 5 of the Law on Penalties for Administration of Public Security
Administrative penalties for public security must be based on facts and should correspond to the nature, circumstances, and degree of social harm of the violation of public security management.
The implementation of public security administration penalties should be open and fair, respect and protect human rights, and safeguard the personal dignity of citizens.
Handling public security cases should adhere to the principle of combining education with punishment.
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Criminal Procedure Law
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Article 263, Paragraph 5
The execution of the death penalty should be made public, but should not be displayed for public viewing.
"Article 508, Paragraph 2 of the 'Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China'"
The execution of the death penalty should be made public, and parading the convict or other acts that demean the convict's dignity are prohibited.
[1] The author's perspective
In fact, as early as 1988, the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security mentioned in the "Notice on Resolutely Stopping the Public Parading of Convicted and Unconvicted Criminals" that “public security organs, procuratorates, and trial organs at all levels must strictly implement the Criminal Procedure Law and relevant regulations. Not only is it prohibited to parade criminals sentenced to death in public, but it is also prohibited to parade other convicted or unconvicted criminals and any lawbreakers in public. If such incidents occur again, they must be firmly corrected, and the responsible leaders must be held accountable.” In addition, China’s current Criminal Procedure Law and its judicial interpretations also stipulate that “the execution of the death penalty shall be announced, not made a public spectacle,” and “the execution of the death penalty shall be announced, and public parading or other acts that insult the dignity of the criminal are prohibited.” Even death row inmates cannot be paraded publicly. Lifting a heavy case to illustrate a light one, it is even more unacceptable to publicly parade someone who is merely suspected of minor crimes or violations. Clearly, since then, regardless of the offense committed or whether one has been convicted, no one should be paraded publicly. Yet, in the 21st century, how can such antiquated and outdated incidents still happen?
The above text mentioned that the local epidemic prevention and control headquarters issued a 'Notice,' the first clause of which is 'All must be publicly exposed. For individuals who violate laws and crimes related to epidemic prevention and border management, notices about the offenders shall be posted in public places where they live, and publicized through the media.' The content of this local regulation clearly contradicts Article 5 of the 'Public Security Administration Punishments Law,' also violates the provisions of the 'Criminal Procedure Law,' and moreover conflicts with Article 38 of the 'Constitution,' which states that 'personal dignity shall not be violated.' One may ask, how was such a 'special provision' passed? And how has it been implemented repeatedly in practice?
Ultimately, it is the local government that was negligent in formulating policies, which also reflects the insufficient study of the Constitution in daily practice. How many people's bloody struggles have brought us the peace and prosperity we enjoy today; how many people's selfless contributions have brought us the rule-of-law society we have today. We must firmly safeguard these hard-earned achievements, never lose them in illusions, and never allow the ignorant to repeat the old dross in today's society.