Article 136 of the newly revised Law of the People's Republic of China on Penalties for Administration of Public Security—set to take effect on January 1, 2026—introduces a system for sealing the records of certain public security violations.

Legal experts point out that the revised law aims to ease restrictions on those who have committed minor infractions, providing them a meaningful opportunity to reintegrate into society—a step they view as reflective of progress in the rule of law.

This provision has recently sparked widespread discussion across Chinese society, particularly because it will also apply to records of drug abuse.

On one side, individuals with a history of drug use hope this change will allow them to move beyond a lasting stigma. On the other side, some members of the public are concerned that sealing such records might be seen as tolerating illegal behavior. They question whether drug-related offenses should be categorized as "minor," and whether this shift could enable offenders to essentially erase their past.

Jin Zegang (Chengdu.cn): Some people worry that the new measure is condoning drug abuse and protecting drug abusers. To a large extent, this worry stems from the public's misunderstanding of "sealing." In the legal context, "sealing" does not imply that the illegal act has never occurred. Its core idea is that, given the offender has already borne the statutory accountability for their wrongdoing, the legal system will put their record of offenses in a confidential state, so as to prevent a single minor transgression—already punished—from resulting in continued discriminatory or exclusionary treatment of the individual in subsequent social activities such as job hunting and academic advancement.

The exercise of authority must be commensurate with the aims to be achieved, and the severity of the measures must not exceed what is necessary to attain those aims. If the records are permanently made public and, as a result, the parties involved continue to face "vetoes" in various social contexts after the violation, this essentially constitutes an invisible, indefinite additional punishment.

For drug abuse, the law already imposes appropriate administrative penalties and requires drug abusers to undergo necessary detoxification and rehabilitation. Sealing the record is an action taken after this legal punishment has been completed; its core purpose is not to deny the harms of drug use but to break the vicious cycle of "drug use—punishment—social ostracism—relapse." For a drug user who has truly repented and fulfilled all legal obligations, to seal their records is a key institutional support that allows them to fully shed the stigma and rebuild their life.

Qin Xin'an (Yicai.com): Since the "system for sealing records of public security offenses" has already become a law, it must have undergone a rigorous legislative process—including soliciting public opinion—and represents the will of the vast majority of the public rather than the views of a few or a single individual.

The newly revised law does pose a big challenge to traditional values, given drug abuse is widely condemned in China. It's thus understandable that many people feel worried and can't accept the fact that drug abuse records will be sealed. However, with social progress, to establish a system for sealing minor offense records is not only to fulfill the principle of equivalent penalties (related to the principle of proportionality), but also to become a wide consensus.

Meanwhile, good social governance is inseparable from the public's participation. However, public debates are designed to reach consensus through dialogue, and opinions must be based on reasonable and logical arguments and evidence. So although there are loud voices against the new measure, these voices do not necessarily mean the opposition is right. BR

Copyedited by Elsbeth van Paridon

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