Futian District in Shenzhen, Guangdong Province had a very unusual look about it late last November when hundreds of prostitutes and their customers were paraded in front of at least a thousand local residents. The move was part of a campaign by the police to crack down on the illegal sex industry and was met by whistles, applause and other less savory comments from those who had turned out to see the great walk of shame.

Unexpectedly, the event resulted in strong public reaction, sparking great debates across the country. Most people showed mercy to the sex sellers who had been publicly humiliated. In a survey conducted by sina.com, a Beijing-based portal, nearly 70 percent of the respondents questioned the legitimacy of the public trial and accused the police of infringing upon the civil rights of the prostitutes.

Yao Jianguo, a lawyer at the Shanghai Promise Law Firm, submitted an open letter to the National People's Congress (NPC), China's top legislature, in which he defined the parade as illegal, and worried that the "barbaric" punishment would probably ruin China's image as a nation ruled by law.

Yao also called for action to be taken against the misconduct of the Futian local police by the NPC. "As the top legislature, the NPC is obliged to carry out an investigation into the incident and give a clear position on the issue," he said in the letter.

In their defense, some police officers in Guangzhou, capital of Guangdong, told New Express, a local newspaper, that the punishment the police subjected the prostitutes to was fair for two reasons: First, the sex trade is banned in China by the Security Administration Punishment Act rather than the Criminal Law. That is to say, the local police are empowered to punish the offenders through detention or penalties without the rulings of a court. Second, a public trial has long been an effective way to deal with this type of offenses, and although controversial, it is legitimate in legal procedure. The police officers argued that civil rights protection should target law-breaking actions only.

Legal experts distinguished public punishment from public parade. According to them, the legal system fundamentally needs transparency, and naturally asks for open legislation and trial and transparent administration to promote judicial independence and social justice. If so, this open trial of prostitutes is lawful.

No understanding of the law

Yao Jianguo (Shanghai lawyer): The police authorities have the right to punish the violators of the Security Administration Punishment Act. Meanwhile, the defendants could also apply for administrative reconsiderations or administrative proceedings to overturn the punishment decisions made by the police, if they are believed to suffer from unfair treatment. Before the final judgments arrive, the suspects are not criminals, and the police are merely responsible for the investigation of relevant cases, after which they should be transferred to courts. Whether suspects are guilty or not and what kind of punishment should be imposed should be decided by the courts. The open parade of criminal suspects without trial in Futian is obviously against legal proceedings.

The public parade damages the self-esteem of the suspects. As human civilization develops, the barbaric humiliation and scorn in public places needs to be abandoned. The law cannot deprive criminals of dignity even though they are committing crimes.

Additionally, not everyone agrees to the effectiveness of public parades. As we all know, the problems concerning rehabilitation of criminals and curbing crime should be resolved in a scientific way. By forcing the suspects to parade in public, the police damage the self-esteem of the prostitutes, which will in turn cause further confrontations and even more desperation. Perhaps the end result could be that these prostitutes seek revenge by intentionally hurting others.

Shi Xin (people.com.cn): Rules and regulations make it clear that pimps and prostitutes who violate the law will be sent to prisons for rehabilitation, but no provision says that they can be scorned publicly so as to educate others. In other words, such public parades, regarded as punishment by the local police, are absolutely baseless in law.

The strength of the campaign against the illegal sex industry can be restored by raising public awareness of the criminal acts caused by prostitution. Thus, the public will unite to fight against such crimes to support the campaign. Essentially, the improvement of social administration and the surveillance system will help plug loopholes in law enforcement, which will radically eradicate the roots of prostitution. Otherwise, these showcases of police "achievements" aimed at causing public condemnation can only ruin the reputation of the police.