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Draft law on penalties amended

Updated: Jun 26, 2024 China Daily Print
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Changes address public concerns and ambiguity in enforcement

National legislators have refined a draft amendment to the Law on Penalties for Administration of Public Security, addressing public concerns raised during the initial deliberation last August.

The revised draft was submitted to the ongoing session of the Standing Committee of the National People's Congress, China's top legislature, for a second review on Tuesday. The legislative item, which affects many citizens, garnered significant public attention after its initial deliberation, with certain provisions sparking heated discussions on Chinese social media.

One controversial clause proposed detention of five to 10 days or a fine for anyone wearing or forcing others to wear signs that "hurt the feelings of the Chinese nation". Critics questioned the ambiguity of what constitutes "hurtful" attire or signs, arguing that such vague language could complicate law enforcement and infringe on legitimate rights and daily life.

Shen Chunyao, an official with the NPC's Constitution and Law Committee, said on Tuesday that the latest draft amendment has removed that expression, considering various factors and the need for clear law enforcement.

Several other clauses have also been revised and optimized based on feedback from research centers, academies, government departments and the public. For instance, the new draft allows individuals under administrative detention to apply for leave in special circumstances, such as taking entrance exams, the imminent birth of a child, or the grave illness or death of a close family member. Shen emphasized that this improvement aims to regulate administrative behavior while respecting and protecting human rights.

In response to concerns about illegal dog keeping and animal attacks, the new draft amendment stipulates that those who fail to take safety measures, resulting in harm to others, will face up to five days of detention or a fine of up to 1,000 yuan ($137). In serious cases, the detention can extend to 10 days. Additionally, those who illegally sell or raise dangerous animals, such as fierce dogs, will receive a warning. Failure to comply after a warning will result in detention of up to five days or a fine of up to 1,000 yuan.

On Tuesday, several other draft laws were submitted to the NPC Standing Committee for review, including those on emergency response and management, the rural collective economy, financial stability and preschool education. National lawmakers have also begun deliberating draft revisions to the Frontier Health and Quarantine Law, Accounting Law, Cultural Relics Protection Law and Mineral Resources Law.

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