Is Huang Hai Bo legal for six months?

Recently, it was revealed that Di Yun, a famous pianist, was administratively detained by the public security organs 15 days after being reported by the masses in Chaoyang District for whoring. If nothing happens, Di Yun will be free in 15 days.

On may 5th, 20 14, Huang Hai Bo, a famous actor, was placed in administrative detention by Beijing police on may 5th, 20/kloc-0. After the expiration of administrative detention, Huang Hai Bo was not released as expected, but was sentenced to six months' detention and reeducation through labor by the Beijing police.

The same is whoring, why is the punishment result so different?

This is because the incident of whoring in Huang Hai Bo occurred in 20 14, when there were laws specifically targeting this kind of behavior. That is, the Measures on Prostitution and Whoring Education (hereinafter referred to as the Measures) implemented in the State Council in September, 1993.

Huang Hai Bo's reception and education by Beijing public security organs is based on Article 7 of the Measures for Reception and Education of Prostitutes and Whores implemented by the State Council in September. 1993:

Article 7 Whoever engages in prostitution or whoring shall be punished in accordance with Article 66 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment. If it is not enough for reeducation through labor, the public security organ may receive education.

There is a great controversy in the judicial circle about asylum education, and some scholars think that this provision is suspected of violating the law. The main reason is that it violates China's administrative punishment law. Article 9 of the law stipulates that "the law can set various administrative punishments, but the administrative punishment that restricts personal freedom can only be set by the law". Article 10 stipulates that "administrative regulations may set administrative penalties other than restricting personal freedom".

The Measures for the Education of Prostitutes and Whores belong to administrative regulations, and cannot set administrative penalties that restrict personal freedom, which conflicts with the provisions of the Legislative Law and the Administrative Punishment Law.

But in fact, the implementation of the Measures for the Education of Prostitutes and Whores was earlier than the Legislative Law of People's Republic of China (PRC), the Law of the People's Republic of China on Administrative Punishment and the Law of People's Republic of China (PRC) on Public Security Administration Punishment, which is the fundamental reason for the birth and implementation of the Measures. But also played a positive role in the special historical background of that year.

On April 2, 2020, according to the Order of the State Council of the People's Republic of China (No.726), the Measures for the Reception and Education of Prostitutes and Whores were abolished. It also represents the progress of China's legislation and judicature, and all kinds of disputes about asylum education have been settled.

It can be said that Di Yun is luckier than Huang Hai Bo. His behavior happened just after this method was abolished, and he naturally would not receive education again.

However, as a celebrity and public figure in the piano field, he indulged himself when he was supposed to behave himself and maintain mainstream values. His illegal behavior has brought bad influence to the society, which is really wrong.