From 'Detention
and Repatriation'to 'Salvation and Administration': A Policy Change
towards the urban vagrants and mendicants in China
Xufeng Zhu, School of Public Policy and Management,
Tsinghua University, China
Introduction to the case
This case describes a transition of Chinese policies and practices
on urban vagrants and mendicants. In 1982, China's State Council
enacted the Provisions for Detaining and Repatriating Urban Vagrants
and Mendicants, in which the major administrative measures can be
generalised as 'detention and repatriation'. This policy had been
in effect for 21 years by 2003. Such policy change was triggered
by an incident in which Sun Zhigang, a college graduate who worked
in Guangzhou (Guangdong Province), was mistaken as an urban vagrant
or mendicant and sent to the local detaining and repatriating post
because he was found having no means of identification in the street.
Three days later, he was beaten to death by the detaining and repatriating
staff during the law enforcement process.
Media coverage on Sun Zhigang's death and the active advocacy efforts
of think tank experts drew the attention of top government officials.
And even though the review of constitutionality of NPC finally failed
to be launched, the State Council did initiate an agenda to abolish
the previous provisions. Nearly two months after the story broke
the 12th executive meeting of the State Council adopted new Administrative
Provisions for the Salvation of Urban Helpless Vagrants and Mendicants
and they came to effect soon after.
The type and extent of policy change
The new policy stipulates that the government shall set up rescue
units for urban vagrants and mendicants, and also specifies the
responsibilities of the unit's administrators. According to the
new policy, staff members of public security organs and other government
offices involved shall instruct any urban vagabonds or beggars found
to seek help from the rescue units where the government will provide
accommodation and medical care services.
Some thoughts on the explanation of the policy change
The political context
Since the middle and late 1990s, Chinese people have increasingly
been demanding a constitutional reform. The governance ideology
of 'administration by law' promotes the practice of 'administration
by constitution'. This means that the government administrative
organs and other administrative organisations and employees must
observe the provisions and essence of the constitution when exercising
administrative power and dealing with administrative affairs. At
the same time there is a market driven reform that is making the
government more open to advice and recommendations from civil society.
International factors
The criticism of Western countries, especially the U.S., against
China's human rights is a potential international factor. In this
case, the Chinese government took timely measures before the foreign
public opinion had the opportunity to become an immediate cause
of such policy change.
The ways Civil Society Organisations (CSOs) tried to affect
policy change
When Sun's death became a hotspot in public opinion, think tank
experts seized the opportunity. Instead of submitting research reports
on behalf of researchers, they appealed in the name of ordinary
citizens to the Standing Committee within their lawful rights, accusing
the current policy of violating the constitution. This was an unprecedented
move in the country and the motion itself became the centre of public
attention. The government was being held accountable for its own
policy of 'administration by law'. More importantly, researchers
and the media established a close relationship to cooperate towards
the achievement of a common aim.
The nature of research-based evidence
In this case, the nature of the evidence used was highly legal analysis.
Researchers focused on the legal implications of the policy while
the media focused on its social aspects. The types of research included
the following:
- Researchers integrated different legal documents to prove one
policy illegal.
- Media reported social problems to draw the attention of public
opinion and researchers.
- Researchers submitted a formal appeal to NPC Standing Committee.
- Researchers and the media published the content of appeal for
the public.
Conclusions on what the case might tell us
This case is a successful effort by researchers and media to change
an old policy. From this case study, we are cognizant of several
lessons:
- The media usually serves as the first source of information
exposing problems. The media following up and reporting the development
of affairs can put pressure on the government and urge it to response
rapidly.
- None of the critiques from researchers worked before Sun Zhigang's
death. This was an unfortunate window of opportunity.
- China's reform on constitutionalism has created a relatively
relaxed political environment for researchers to oppugn active
policy and to advocate different policy ideas.
View full case
study (
145kb)
Back to Case Studies index
|