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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.

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Last Updated: 13 January, 2009
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