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Foreigners enjoy no 'super-national treatment' in China (3)

By Zhuang Qinghong, Xu Wenmiao and Xu Xiaotong (China Youth Daily)

16:06, May 25, 2012

Are the penalties too slight?

Actually, the "Implementation Rules for Law on Control of the Entry & Exit of Aliens" published by the State Council in December 1986 has long been questioned for "falling behind the times."

For example, an alien who has entered China's territory illegally may be punished with a fine of 1,000 yuan to 10,000 yuan, or held in detention for three to 10 days, or may concurrently be ordered to leave the country within a specified period of time, or deported from the country. Aliens who stay in China illegally may be given a warning, or punished with a fine of 500 yuan a day and no more than 5,000 yuan in all , or be held in detention for three to 10 days; if the case is serious, the offender shall be ordered concurrently to leave the country within a specified period of time.

The rule that "if the case is so serious as to constitute a crime, criminal responsibility shall be investigated according to law" is seldom applied in practice.

Many experts pointed out that China's historical tradition of "there is no small matter in the diplomatic arena" has resulted in that "there is no small matter in foreign cases."

Ruan Qilin said that foreigners breaking the law normally will not and should not be treated with leniency in the judicial practice. Foreigners do not enjoy any privilege since they are in China. But the first instance will be arranged in an intermediate people's court when suing a foreigner, so as to look prudent and important. According to laws, the first instance is normally arranged in the basic-level people's court.

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