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A university student is asking public security authorities to revoke his administrative punishment record after he was detained for five days. The punishment was imposed on him on the grounds that he solicited a prostitute, but he argues that he did not copulate with her when they met.On July 16, the topic #University Student, Who Declined to Have Sexual Intercourse After Soliciting a Prostitute, Detained# quickly became the 3rd hottest topic on Weibo with more than 430,000 discussions.The senior university student, Mr. Zhai, told reporters that he had met a woman on a social media platform last year and later added her WeChat account. He then learned that she is working as a prostitute, and said he made an appointment with her out of curiosity."When we met, I realized that it was wrong and I refused her services. I told her that I did not like her appearance as an excuse." Zhai told reporters."I gave her 100 yuan as a taxi fee and asked her to leave." Said Zhai.Earlier this year, Zhai said that he was asked to attend a voluntary police interview because they suspected he was involved in the solicitation of prostitution.
The police told him he will be detained for five days after he confessed that he had an appointment with a prostitute, but Zhai objected and appealed for administrative punishment reconsideration."I do not think that my behavior constitutes 'the solicitation of prostitution' because I did not have any sexual intercourse with her and I voluntarily declined to receive her services." Argued Zhai.When a reporter contacted a staff member of the police station where Zhai was summoned, the staff member said Zhai's punishment was upheld after he filed for reconsideration. He added that Zhai had already completed the 5 days punishment at a detention center.
The staff also said that the punishment imposed is in accordance with the laws and regulations, "The decision was made on the basis of evidence provided by both parties, it is about upholding the law and regulations, it is not about what he says or who says it." Added the staff.But how did the police know?According to the Nanzhao County administrative punishment records, the local public security bureau officers caught Ms. Wang, who was suspected of prostitution. Wang confessed that she works as a prostitute and gave them a list of people she had provided services to, among them, Zhai.
The police said they reviewed WeChat chat records between Wang and Zhai and found that the two agreed to meet for a business transaction, and he agreed to pay her 400 yuan for her services. When they summoned Zhai, he confessed that he had contacts with Wang and the two had agreed to meet for a business transaction. But when the two met, Zhai regretted his decision and the two did not conduct the business transaction, instead, Zhai paid her 100 yuan and asked her to leave. The following day after he was summoned, the police sent a notice to inform Zhai that he will be detained for no more than 5 days or fined no more than 500 yuan for solicitation of prostitution.
He appealed the decision, but upon review by other authorities, the decision was upheld.Zhai objected to the decision again and filed an administrative penalty reconsideration with the People's Government of Nanzhao County.The People's Government of Nanzhao County also upheld the original punishment decision, stating that Zhai had negotiated the transaction price and a location to conduct it with the prostitute. Furthermore, he had already started to implement the transaction and the two met, which constituted solicitation of prostitution. It added that Zhai was given a lighter punishment in accordance with relevant laws and regulations because he did not complete the act. "The facts were found to be clear, the evidence was sufficient, the application of the law was correct, the punishment was appropriate, and should be upheld in accordance with the law. "The applicant's reasons are unfounded by law and he presented them with insufficient evidence, thus they are not supported by the law." Lawyer's ResponseYi Xu, a lawyer at the Hunan Jinzhou Law Firm, stated that according to the "Guiding Opinions on the Administrative Punishment of Some Violations of Public Security Management by Public Security Organs", in such cases, perpetrators' actions will be considered "minor offenses" if: (1) the price or payment of money or other property had been negotiated, but sexual activity has not yet been carried out; (2) Were prostitution or prostitution through masturbation or other means;(3) Fall under other minor offenses.
Thus Zhai's behavior still falls under the solicitation of prostitution, even though no sexual activity was performed, according to the law. Source: Xiaoxiang Morning Post, Shanxi Evening NewsAdd Wechat FLA5555 to ask to join the international students' wechat group.
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