Inciting subversion of state power
Encyclopedia
Inciting subversion of state power is a crime under the law of the People's Republic of China
. It is article 105, paragraph 2 of the 1997 revision of the People's Republic of China's Penal Code.
It has frequently been the charge given against human rights campaigners within China when they are sentenced to imprisonment. A report by the Chinese Human Rights Defenders
(CHRD) website lists 34 people convicted under this law, many of them for having posted articles on the internet that were critical of the government.
"Working Group on Arbitrary Detention" reported on the new law in its 1997 'country visit' to China. It predicted correctly that the vague language of the law would enable it to be used against the 'communication of thoughts or ideas'. A quote from the report:
and almost every country has laws to confine crimes in the form of speech, such as United States Code
, Treason Act 1351
of England
, Strafgesetzbuch
of Germany
, etc.
For example, in the United States Code
, , "Advocating overthrow of Government by force or violence":
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
. It is article 105, paragraph 2 of the 1997 revision of the People's Republic of China's Penal Code.
It has frequently been the charge given against human rights campaigners within China when they are sentenced to imprisonment. A report by the Chinese Human Rights Defenders
Chinese Human Rights Defenders
China Human Rights Defenders is a network of domestic and overseas Chinese human rights activists and groups.The group issues statements on human rights issues and its website provides news and background information....
(CHRD) website lists 34 people convicted under this law, many of them for having posted articles on the internet that were critical of the government.
Text of the law
Article 105, Paragraph 2, 1997 Criminal Code of the People's Republic of China (translation by Wei Luo):
"Anyone who uses rumor, slander or other means to encourage subversion of the political power of the State or to overthrow the socialist system, shall be sentenced to fixed-term imprisonment of not more than five years. However, the ringleaders and anyone whose crime is monstrous shall be sentenced to fixed-term imprisonment of not less than five years."
1997 UN report
The United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
"Working Group on Arbitrary Detention" reported on the new law in its 1997 'country visit' to China. It predicted correctly that the vague language of the law would enable it to be used against the 'communication of thoughts or ideas'. A quote from the report:
45. Article 105 is yet another example of a broad and imprecise definition
liable to be both misapplied and misused. The article defines the offence it
covers as “organizing, scheming and acting to subvert the political power of
the State and overthrow the socialist system” and “incitement to subvert the
political power of the State and overthrow the socialist system by means of
spreading rumours, slander or other means”. The concept of “other means” is
open to very broad interpretation.
46. Under Article 105, even communication of thoughts and ideas or, for that
matter, opinions, without intent to commit any violent or criminal act, may be
regarded as subversion. Ordinarily, an act of subversion requires more than
mere communication of thoughts and ideas.
Parallels in other countries' law
Gao Mingxuan, one of the editors of 1980 Criminal Code of the People's Republic of China, indicates that each country sets limit on freedom of speechFreedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and almost every country has laws to confine crimes in the form of speech, such as United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
, Treason Act 1351
Treason Act 1351
The Treason Act 1351 is an Act of the Parliament of England which codified and curtailed the common law offence of treason. No new offences were created by the statute. It is one of the earliest English statutes still in force, although it has been very significantly amended. It was extended to...
of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, Strafgesetzbuch
Strafgesetzbuch
Strafgesetzbuch is the German name for Penal Code and is abbreviated to StGB.- History :In Germany the Strafgesetzbuch goes back to the Penal Code of the German Empire passed in the year 1871 which was largely identical to the Penal Code of the North German Confederation.This Reichsstrafgesetzbuch ...
of Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, etc.
For example, in the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
, , "Advocating overthrow of Government by force or violence":
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof—
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
See also
- List of Chinese dissidents
- Law of the People's Republic of ChinaLaw of the People's Republic of ChinaLaw of the People's Republic of China is the legal regime of the People's Republic of China, with the separate legal traditions and systems of Mainland China, Hong Kong, and Macau....
- Codification (law)
- Human Rights in ChinaHuman Rights in ChinaHuman Rights in China is a New York-based international, Chinese, non-governmental organization with a mission to promote international human rights and advance the institutional protection of these rights in the People's Republic of China....
- List of political offences that attract jail terms in China
- Political prisonerPolitical prisonerAccording to the Longman Dictionary of Contemporary English, a political prisoner is ‘someone who is in prison because they have opposed or criticized the government of their own country’....
- Article 58 (RSFSR Penal Code)Article 58 (RSFSR Penal Code)Article 58 of the Russian SFSR Penal Code was put in force on 25 February 1927 to arrest those suspected of counter-revolutionary activities. It was revised several times...
(Soviet Russia) - Espionage Act of 1917Espionage Act of 1917The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code but is now found under Title 18, Crime...
, Subversive Activities Control Act of 1950 (US) - Berufsbeamtengesetz, Reichstag Fire DecreeReichstag Fire DecreeThe Reichstag Fire Decree is the common name of the Decree of the Reich President for the Protection of People and State issued by German President Paul von Hindenburg in direct response to the Reichstag fire of 27 February 1933. The decree nullified many of the key civil liberties of German...
, The Malicious Practices Act 1933The Malicious Practices Act 1933The Malicious Practices Act was passed on the 21st March 1933 in Nazi Germany. It was part of a series of events that occurred within 1933, which marked the brutality and resilience of the Nazi party. From here on life for thousands of Germans would be controlled and monitored for those dubbed as...
(Nazi Germany)