Shaanxi disgraces itself by 'shaming' petitioner
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Ancient practice
China's history of publicly humiliating criminals goes back to ancient times, when criminals would be put in handcuffs and paraded on the streets. "Public shaming is still used to deter criminals in modern China, especially at the local level of the criminal justice system, where society is still ruled by might and not the law," Mao Shoulong, a professor at Renmin University of China, told the Global Times yesterday.
In 2010, more than 20 public humiliation campaigns were carried out on criminals, suspects, and even prostitutes, based on media reports.
"It is a clear violation of the law and tramples on human rights," He Bingsong, a law professor at the China University of Political Science and Law told the Global Times.
A suspect is not guilty until he or she is convicted, which means public humiliation of a suspect is against the law, He added.
However, local authorities argue that they have to use special measures to deal with special problems. "You should understand our difficulties," said Deng Xiaohong of the publicity department at Hanbin district, Ankang.
"This is a special measure to deal with serious crimes, and it has played an important role in educating the masses," a government response published in the Shanghai-based Oriental Morning Post said.
Commenting on Duan's case, the local government of Fuping issued a statement yesterday, saying only several hundred people attended the gathering. The statement said the assembly was held to openly announce the punishment against Duan and enhance the transparency of law enforcement, an act that is not illegal.
"Duan and Qiao Zhuanli (the other woman accused) are using the media to exert pressure on the government in order to fulfill their unreasonable petition demand," the statement said.
In July, the government called for an end to the practice of publicly humiliating criminal suspects following online complaints over the parading of prostitutes in Shenzhen, Guangdong Province, in July this year.
Similar rules and regulations have been passed down through the years, beginning in 1988, when the Supreme People's Court ordered prosecutors and police to protect the identities of the accused. In 2007, the country's top judicial and law enforcement bodies issued a similar notice forbidding the parading of convicts.
"For a country like China where human rights remain a novel concept, it is not surprising that the police emphasize crime control and use public shaming as a way to deter criminals," Mao said.
Mao believes that it will be a long time before the practice is stopped, as it is deeply rooted in the structure and ideology of the justice system. However, he also believes that people who have been humiliated in public should step forward to protect their rights.
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