【新唐人2012年8月15日讯】湖南永州被逼卖淫的女童的母亲唐慧，因为投诉警察而被劳教，消息传出，网路上民怨沸腾，强烈的舆论关注和对永州方面的激烈批评，让永州相关单位做出撤销对唐慧的劳教决定。一时之间，“废除劳动教养”的声浪，在网路上此起彼落，有律师在网上发表公开信，呼吁立即撤销《国务院关于劳动教养的决定》，并要求网民在公开信上签字。
“上访妈妈”唐慧，被网民称为“史上最悲情的母亲”。6年前，她11岁的女儿被绑架后受迫卖淫，并被轮奸而染上性病，导致终身不育。唐慧多次上访，要求彻查涉嫌“舞弊”的警察，但她却被当局冠以“严重扰乱单位秩序和社会秩序”的罪名，被判一年半的“劳动教养”。
独立中国问题学家巩胜利：“这种劳动教养法，是中国特色的一种法律，这种法律通常是由某一个人，比如说他所谓的劳动教养委员会，或者说是某一个领导人的批准，不经过法律的程序，不经过法院的程序，他就做出这样剥夺公民权利的行为，简单的说，他是一种特权。”
另外，重庆市彭水县郁山镇大学生村官任建宇，在QQ空间、腾讯微博转发或发表政治体制改革方面的言论和信息，而被彭水市公安局劳教两年。劳教书指他从2011年4月至8月，多次发表“负面言论和信息”、“鼓吹西方政权模式；攻击执政党、政府，煽动网民颠覆国家政权”。目前任建宇正在劳教中。
“中国新闻周刊”主笔“章文的文章”在新浪微博表示：“湖南唐慧刚刚脱离牢笼，又曝重庆任建宇失去人身自由，仅仅是在微博上转帖、发帖，即被劳教2年。我感到愤怒并呼吁公民集体反对的同时，也想正告执政党，劳教制度早就不合时宜，侵犯人权，与文明社会相悖，已成众矢之的，应尽早废除。”
东南大学法学教授张赞宁：“劳教制度产生于1957年，是毛泽东特别为右派分子设立的一个去处，这本身就是一个违宪的东西。因为专制体制他经常是回避法律，因为他认为这样来对付一些异见人士、上访人员，这样方便一点，不需要通过法律程序来实施，回避法律，所以这个一直保留下来。”
中国宪法第三十七条明文规定，任何公民，非经人民检察院批准或者人民法院决定，不受逮捕，禁止非法拘禁或者限制人身自由。
张赞宁：“这个法产生的后果是相当恶劣的，这个政府已经没有信誉了，他这个所谓的依法办案，所谓的法治社会，就是成为一句空话了。”
一石激起千层浪，“废除劳教”已经在网路上引起沸腾，网民纷纷发表意见，认为：上访者得不到申诉的管道，反而被劳教，被剥夺人身自由。许多律师表示，劳教只会激化矛盾，制造恶性循环。《法国国际广播电台》专题报导说：从法律技术来说，劳教制度的弊病主要被认为是无法律依据剥夺人身自由、警察裁量权过大、变相规避刑事侦查义务、抵触国际人权公约等，但从起源来看，劳教制度正处在“党国不分”和“（行）政-（立）法不分”两条线索的交汇点上，是这一“双重病灶”的产物。
浙江“思昆仑律师事务所”的王成律师在网上发表公开信，呼吁立即撤销《国务院关于劳动教养的决定》，并要求网民在公开信上签字。
一名年轻的劳教警察留言表示：劳教制度现在很大程度上，成为了当权者打压“不听话者”的一种手段。我们也希望违法的劳教制度立即废除。
采访/田净 编辑/黄亿美 后制/郭敬
Chinese Lawyers Petition for Abolition of Re-education through Forced Labor System
Tang Hui from Yongzhou, Hunan Province,
was sentenced to a labor camp,
because she complained to the police about
her daughter being forced into prostitution.
People became agitated over the news.
Strong public attention and intense criticism
towards Yongzhou forced local authorities to withdraw Tang Hui’s sentence.
Suddenly, waves of demand spread over the internet
calling for an “abolition of re-education through forced labor."
Some published an open letter calling for the immediate
withdrawal of ‘the decision of the State Council on re-education through forced labor.
They also asked netizens to sign the open letter.
‘Petitioning mother’ Tang Hui has been described
by netizens as “the most tragic mother in history".
Her 11-year-old daughter was kidnapped
and forced into prostitution.
She was then gang-raped, which resulted in lifelong
infertility due to contracting sexually transmitted diseases.
Tang Hui repeatedly petitioned, demanding an investigation.
Tang was sentenced to 18 months of re-education
through forced labor by the authorities.
This was for committing the offence of
“seriously disrupting the unit order and social order".
[Gong Shengli, independent China affairs expert]:
“Re-education through forced labor law is a characteristic of Chinese law.
Such laws are usually used by an approval from an individual,
such as a re-education through labor committee, or a leader.
Without going through legal procedures or court
proceedings, it deprives the rights of citizens. Simply put, it is a privilege."
Ren Jianyu, a village administrator and former university
student in Yushan town, of Pengshui county in Chongqing,
was sentenced to 2 years in a forced labor camp for
forwarding and posting messages about political reform.
The detention book states that from April to August of 2011,
Ren Jianyu forwarded and published negative messages.
The content related to freedom of speech,
promoting a democratic political system.
Ren Jianyu criticized the ruling party and regime,
and incited netizens to subvert state power.
Yu Renjian is currently in a forced labor camp.
A “China Newsweek" reported on Sina web:
“Tang Hui just got out of prison and Ren Jianyu from
Chongqing has lost his liberty for 2 years for blogging.
A the same time, I am angry
and call on citizens to oppose this system.
The re-education through forced labor
system has long been outdated.
It is against human rights and contrary to a civilized society.
It has become a target of public criticism
and should be abolished as soon as possible."
[Zhang Zan Ning, Law prof. at Southeast University]:
“The re-education through forced labor system
was established by Mao Zedong in 1957.
It is to deal with right-wing elements. It is unconstitutional.
Mao thought it was easier to deal with dissidents
and petitioners, without going through the legal process.
It evades the law, thus, it has been preserved until now".
Article 37 of the Constitution expressly states that
any citizen cannot be arrested, unlawfully detained
or deprived of liberty without being approved by
People’s Procuratorate or Court.
Zan Ning Zhang: “The consequences of this law
are quite harsh. The government has no credibility.
Its so-called rule of law is an empty promise."
A ripple of “abolition of re-education through forced labor"
has resulted in great waves on the Internet.
Netizens’ think that petitioners have no channel to air
complaints, and to the contrary, their liberty is deprived.
Many lawyers said that re-education through forced labor
will only intensify contradictions, and create a vicious cycle.
A Radio France Internationale special report stated that
in terms of legal technology, the problem of the forced
labor re-education system is that it is a deprivation
of liberty without legal basis.
There is too much police discretion in covering
up to avoid obligations for criminal investigation.
It is not consistent with international
human rights conventions.
The origins of re-education through forced labor resulted
from a lack of distinction between the party and the state.
There is also a lack of distinction between the
administrative branch and the legislative branch.
This has resulted in a double problem.
Lawyer Wang Cheng of Zhejiang “Si Kunlun Law Firm"
published an open letter online.
It called for the immediate withdrawal of ‘the decision
of the State Council on the re-education through forced labor “.
He also asked netizens to sign the open letter.
A labor camp police officer left a message.
“Re-education through forced labor is now largely
a means for the powerful to suppress the “disobedient".
We also hope to see the immediate
abolition of the illegal labor camp system.
