China tempers justice with mercy by amending Criminal Law

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TOUGHER PUNISHMENT FOR ORGANIZED CRIME

As organized crime has become a threat to the public in some parts of China, the amendment offers a definition of an "organization in the nature of a criminal syndicate" and lists tougher punishments for crimes by such organizations.

It also stipulates confiscation of assets for ring leaders and fines for members of such organizations. Government employees who provide protective shields for organized crimes may face at least five years in prison, compared with up to 10 years in the 1997 version.

Organized crimes has been rampant in some areas in China. More than 1,400 gangs had been broken up and 3,400 guns confiscated amid a government crackdown on mafia-style organizations since February 2006. The crackdown is still underway.

BETTER PROTECTION OF PEOPLE'S LIVELIHOOD

Acts that endanger the public and draw complaints, including drunk driving, street racing, defaulting on payment to employees and human organ trading, have been written into the draft amendment as crimes.

The acts had only been subject to administrative or civil penalties.

Drunk drivers and street racers may face imprisonment and fines if the amendment is passed.

In a bid to better protect disadvantaged groups, those convicted of forcing others to work may face penalties of up to seven years in prison, instead of only three years, and those who provide assistance to people organizing others for prostitution may face up to 10 years in prison.

Several forced labor scandals have come to light in China in recent years.

In May 2009, police in eastern Anhui Province arrested 10 suspects for allegedly beating and forcing 32 mentally handicapped people to work in brick kilns in slave-like conditions.

Another forced-labor scandal made headlines in 2007. Then, a brick-kiln boss in northern China's Shanxi Province was found to have forced 1,340 people into labor, 367 of whom were mentally handicapped.

"This is an effective way to prevent such acts and crack down on them by listing them as crimes," said an official with the Commission for Legislative Affairs of the NPC Standing Committee.

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