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Looking back at the whole incident, the Sun Zhigang case was wrong from the beginning. What right did Sun Zhigang have to be detained?
"Detention," a term that has disappeared for many years, what does it actually mean? Perhaps many people have already forgotten.
The system of detention and repatriation is a system to settle vagrants in cities, implemented in our country since 1961. According to the law, the subjects of detention are "three withouts" individuals, meaning those without legal documents, fixed residences, or stable income.
However, Sun Zhigang had all three of these. At 27 years old, he graduated from university two years ago, majoring in art and design. Before that, he was working in Shenzhen and had just been hired by a clothing company in Guangzhou on February 24th, temporarily staying at a friend's place. He had no connection whatsoever to "three withouts" individuals.
He should never have been taken away under the pretext of being detained.
The crux of the issue lies in the legal stipulation of "three withouts," but in the specific implementation in each city, it has turned into being treated as a detainee if there's "just one without." The focus here primarily revolves around having or lacking legal documents. Initially, it was limited to identification cards; later, it evolved into not just having an ID card but also needing a temporary residence permit and a work permit—missing one made one ineligible.
Temporary residence permits work like this: according to the law, non-local citizens who reside for more than 3 days must obtain a temporary residence permit; otherwise, they are considered illegally residing and subject to detention and repatriation.
Speaking of this, I can't help but complain that in order to control population movement, the Chinese rulers, after establishing the household registration system, also require various documents like temporary residence permits from mobile populations. The rulers don't care if you live a wealthy or happy life; they simply demand that you work like a slave and carry on.
After the incident involving Sun Zhigang, the official classification of his detention was labeled as "wrongful detention." The police officer from the local police station who classified him as a "three withouts" individual was sentenced to two years in prison. However, the police officer also claimed injustice because, according to relevant documents in Guangzhou, anyone without a temporary residence permit is a subject for detention.
Sun Zhigang didn't have a temporary residence permit.
Thinking further ahead, people easily realize that even if the law strictly stated that detention couldn't occur if one had an ID card, the issue wouldn't be resolved. It's simple logic because the entire process of detention and repatriation has many flaws!
This system grants administrative agencies a frightening power: the ability to deprive citizens of their freedom without trial when they haven't violated any laws or regulations.
Think about it—someone walking on the street in broad daylight suddenly gets taken away by the police under the guise of legality just because they don't have their ID card with them. Then, even if they show their ID card, it's useless because they don't have a temporary residence permit.
Would you want to live in a society like this?
Regardless of having or not having legal documents, a fixed residence, or a stable income, a lawful citizen walking on the street should not be taken away and imprisoned at any time.
This is a basic right of citizens.
This is the most significant lesson the Sun Zhigang case has taught us. As long as the detention and repatriation system exists, the next Sun Zhigang could appear at any time—it could be you, me, or anyone.
Only after a life was lost did legislators see the injustice of the detention and repatriation system. On June 20, 2003, the same month the perpetrators of Sun Zhigang's murder were sentenced, the State Council issued the "Regulations on the Assistance and Management of Urban Homeless Begging Individuals" while simultaneously abolishing the "Regulations on Detention and Repatriation of Urban Homeless Begging Individuals."
When Chen Feng got to know this news, he was conducting an interview in Hunan. Overwhelmed with emotion, he intentionally found a small restaurant and had a drink. He was celebrating the end of the detention and repatriation system that had been in place for nearly half a century. He might have been pondering the price we paid for this change—ironically, it was the cost of a young life.
Sun Zhigang's name has been forever etched into China's judicial and news history. If he were aware from beyond the grave, we wonder if it would bring him even a bit of solace?