China Economic Times: A draft regulation entitled
Management Measures on Safety Operations of Track Transportation has been posted
on the website www.beijing.gov.cn for public comment. It says that begging,
performing, smoking and lying down are now all forbidden at subway stations in
Beijing.
Such a regulation is improper and cannot solve the
problem of begging.
There are multiple reasons for the mounting numbers of
beggars and vagrants in cities today.
Some of these people fail to find a job in the cities and
live in a reduced circumstance while others make begging a profession and gain
money through fraud.
Yet no matter the reason, begging on the streets is still
an indecent and face-losing way of life and beggars sacrifice their dignity in
order to survive. Given another choice, probably few would choose to be a
beggar.
Thus when taking active measures to solve the issue of
beggars, their freedom should be respected.
The unsound social security system is the prime cause for
the existence of begging. Many poverty-stricken people living at the bottom rung
of society can get little social welfare. Natural disaster, disease or
unemployment all could put them to a helpless situation. Begging then becomes
their only means to make a living.
Therefore, a sound social security network covering every
inch of our land and providing every citizen with protection is the ultimate
resolution.
Beijing News: The recent ban on begging in some areas in
Beijing has violated people's legal rights.
The right to subsistence is the most important and
fundamental right of a natural person. Any mode of life, as long as it is legal,
should be respected. Thus begging without disturbing others?lives should be
respected and protected.
Many people revolt at the phenomenon of begging just
because some beggars gain money by improper or even illegal means. Banning
begging in certain areas may curb these indecent deeds, but at the same time it
violates other beggars?rights.
If Beijing establishes "no begging zones,'' it is very
likely other cities will follow suit. This would greatly limit the living space
of those who subsist on begging.
In fact, all bans are feeble compared to the right of
existence.
Without economic development and a valid social security
system, the problem of begging cannot be solved.
Establishing "no begging zones'' will harm the
seriousness of laws and authority of the government.
China Youth Daily: It is reported that to better manage
subway stations, Shanghai local police have started a practice to hold people
for criminal detention if they are begging, distributing leaflets, setting up
booths willfully, or selling newspapers in subway stations and are found to be
doing so more than three times.
Although this measure works well for disciplining the
order at subway stations, it has no legal reference.
First, begging in a subway station does not constitute a
crime.
Relative departments in Shanghai believe that begging or
selling newspapers will disrupt public order.
According to China's Criminal Law, the charge of
disturbing public order is equivalent to offences such as disrupting public
services and crimes of picking quarrels and provoking trouble.
However, in most cases, if law enforcers come, beggars
choose to escape and do not influence public services.
If beggars just stand quietly, waiting for other people
to give them money, they provoke no trouble and there is thus no ground to blame
them for disturbing public order.
So it is hard to charge beggars with the crime of
disrupting public order.
Second, according to China's Criminal Procedure Law,
begging at subway stations more than three times does not violate the law and
does not meet the conditions for criminal detention. In this way, it is not
right to punish beggars with criminal detention.
Last, municipal departments of Shanghai have no right to
categorize the activity of begging as disturbing public order. Its explanation
has no legal validity. And the right of explaining criminal laws should belong
to the Standing Committee of the National People's Congress, Supreme People's
Court or Supreme People's Procuratorate.
In line with legislative procedure, only laws can limit
residents?personal freedom, not a local regulation.
Actually the spirit of the new regulation goes against
law. If it is put into force, it will violate the law. Solving the social
problem of beggars should be carried out under the legal
framework.
Xinmin Weekly: A regulation about prohibiting begging in
some urban areas has sparked widespread discussion.
The importance of this discussion is not whether the
regulation will be passed, but the fact that policymakers will meet a higher
requirement from the public. The public will not just passively accept the
management. Legislation has to take public opinion into
consideration.
In the discussion, people focus their attention on the
government regulation itself. But besides the regulations, another important
resource needed by the discussion is missed, that is the investigation about
begging. So it is hard to reach a satisfactory result on this
issue.
But the discussion still has its value. It pushes people
to pay more attention to the beggars?lives in urban areas. More importantly, it
ushers in a new phase of discussing legislation by the public.
(China Daily )