List of political offences that attract jail terms in China
Encyclopedia
This is a list of political offences in the People's Republic of China. During the Maoist era, particularly during the Anti-Rightist Movement
and the Cultural Revolution
, the judicial system of the People's Republic of China
was often used for political persecution of rivals, and penalties such as jail terms or capital punishment were largely imposed on the authority's political enemies, or anyone who dared to challenge it. During those times, vague accusations such as "counter-revolutionary" (反革命), Capitalist roader
(走資本主义路线), "running dog
of the imperialist " (帝国主义走狗) could have had the accused imprisoned, or shot by firing squad. These labels fell out of use following the end of the Cultural Revolution
in 1986.
In more recent times, accusations such as "possession of state secret" (拥有国家机密), "inciting the subversion of the state" (煽动推翻国家政权) carry long jail terms.
. It was estimated 550,000 Chinese were being prosecuted as a result.
The term was used during the Campaign to Suppress Counterrevolutionaries to target former Kuomintang
elements and other opposition against the PRC government.
According to Article 28 of the Chinese constitution. The state maintains public order and suppresses treasonable and other counter-revolutionary activities; it penalizes actions that endanger public security and disrupt the socialist economy and other criminal activities, and punishes and reforms criminals.
The charge was used to label Lin Biao
after his death in 1971 from a plane crash. He was alleged to have been planning a coup against Mao Zedong
, and Mao's wife Jiang Qing
used the opportunity to launch the Criticize Lin, Criticize Confucius campaign against her political rivals. Subsequently, the charge was used against Jiang Qing herself following the death of Mao in 1976.
In 1997, this law was replaced by a new law: Inciting subversion of the government. In 2008 the law received media attention when Professor Yang Siquan (杨师群) of East China University of Political Science and Law was accused by his students for alleged counter-revolution activities, and was reported to the police. Professor Yang said all he did was writing a blog on ancient Chinese culture, and feel very sad that his own students would reported him on an out of date Maoist era political charge.
s as described to be representatives of the capitalist class within the Communist Party, as well as those who attempt to restore capitalism. Liu Shaoqi
and Deng Xiaoping
were the two most famous "Capitalist roader" during the Cultural Revolution. After the Cultural Revolution, Deng's policies led to economic reform in China, and a resurgence of capitalism.
, victims who were being accused of collusion with foreigners (Chinese:里通外国) would often face long jail term, or death penalty.
The charge of inciting subversion has been leveled against a number of dissidents, Weiquan lawyers, and political reformers. Rights activists, along with international human rights organizations, have argued that article 105 is inconsistent both with China’s own constitution and with international human rights standards, particularly in light of the lack of transparency and clear guidelines used in applying the laws. According to the United Nations
"Working Group on Arbitrary Detention", the vague and broadly defined wording of the legislation allowed the communication of thoughts and ideas to be regarded as "subversion", even without intentions to commit criminal acts.
Anti-Rightist Movement
The Anti-Rightist Movement of the People's Republic of China in the 1950s and early 1960s consisted of a series of campaigns to purge alleged "rightists" within the Communist Party of China and abroad...
and the Cultural Revolution
Cultural Revolution
The Great Proletarian Cultural Revolution, commonly known as the Cultural Revolution , was a socio-political movement that took place in the People's Republic of China from 1966 through 1976...
, the judicial system of the People's Republic of China
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...
was often used for political persecution of rivals, and penalties such as jail terms or capital punishment were largely imposed on the authority's political enemies, or anyone who dared to challenge it. During those times, vague accusations such as "counter-revolutionary" (反革命), Capitalist roader
Capitalist roader
In Maoist thought, a capitalist roader or is a person or group who demonstrates a marked tendency to bow to pressure from Bourgeois forces and subsequently attempts to pull the Revolution in a capitalist direction....
(走資本主义路线), "running dog
Running dog
Running dog is a literal translation into English of the Chinese/Korean communist pejorative zǒu gǒu 走狗, meaning lackey or lapdog, an unprincipled person who helps or flatters other, more powerful and often evil people...
of the imperialist " (帝国主义走狗) could have had the accused imprisoned, or shot by firing squad. These labels fell out of use following the end of the Cultural Revolution
Cultural Revolution
The Great Proletarian Cultural Revolution, commonly known as the Cultural Revolution , was a socio-political movement that took place in the People's Republic of China from 1966 through 1976...
in 1986.
In more recent times, accusations such as "possession of state secret" (拥有国家机密), "inciting the subversion of the state" (煽动推翻国家政权) carry long jail terms.
Rightist
"Rightists" officially referred to those intellectuals who appeared to favour capitalism and against collectivization during the Anti-Rightist MovementAnti-Rightist Movement
The Anti-Rightist Movement of the People's Republic of China in the 1950s and early 1960s consisted of a series of campaigns to purge alleged "rightists" within the Communist Party of China and abroad...
. It was estimated 550,000 Chinese were being prosecuted as a result.
Counter-revolution
The crime of counter-revolution (反革命) was established in February 1951, involving accusations such as the following:- collaborating with foreign forces
- to incite government officials, military personnel and/or people's militia to revolt;
- taking part in a group revolt using weapons
- taking part in special agents and/or spy organization
The term was used during the Campaign to Suppress Counterrevolutionaries to target former Kuomintang
Kuomintang
The Kuomintang of China , sometimes romanized as Guomindang via the Pinyin transcription system or GMD for short, and translated as the Chinese Nationalist Party is a founding and ruling political party of the Republic of China . Its guiding ideology is the Three Principles of the People, espoused...
elements and other opposition against the PRC government.
According to Article 28 of the Chinese constitution. The state maintains public order and suppresses treasonable and other counter-revolutionary activities; it penalizes actions that endanger public security and disrupt the socialist economy and other criminal activities, and punishes and reforms criminals.
The charge was used to label Lin Biao
Lin Biao
Lin Biao was a major Chinese Communist military leader who was pivotal in the communist victory in the Chinese Civil War, especially in Northeastern China...
after his death in 1971 from a plane crash. He was alleged to have been planning a coup against Mao Zedong
Mao Zedong
Mao Zedong, also transliterated as Mao Tse-tung , and commonly referred to as Chairman Mao , was a Chinese Communist revolutionary, guerrilla warfare strategist, Marxist political philosopher, and leader of the Chinese Revolution...
, and Mao's wife Jiang Qing
Jiang Qing
Jiang Qing was the pseudonym that was used by Chinese leader Mao Zedong's last wife and major Communist Party of China power figure. She went by the stage name Lan Ping during her acting career, and was known by various other names during her life...
used the opportunity to launch the Criticize Lin, Criticize Confucius campaign against her political rivals. Subsequently, the charge was used against Jiang Qing herself following the death of Mao in 1976.
In 1997, this law was replaced by a new law: Inciting subversion of the government. In 2008 the law received media attention when Professor Yang Siquan (杨师群) of East China University of Political Science and Law was accused by his students for alleged counter-revolution activities, and was reported to the police. Professor Yang said all he did was writing a blog on ancient Chinese culture, and feel very sad that his own students would reported him on an out of date Maoist era political charge.
Accused
- He LongHe LongHe Long was a Chinese military leader. He rose to the rank of Marshal and Vice Premier after the founding of the People's Republic of China.-Early life:He Long was a member of the Tujia ethnic group...
, at the beginning of the Cultural Revolution in 1966. He Long died in confinement in 1969, and was rehabilitated in 1974. - Jiang QingJiang QingJiang Qing was the pseudonym that was used by Chinese leader Mao Zedong's last wife and major Communist Party of China power figure. She went by the stage name Lan Ping during her acting career, and was known by various other names during her life...
and the Gang of FourGang of FourThe Gang of Four was the name given to a political faction composed of four Chinese Communist Party officials. They came to prominence during the Cultural Revolution and were subsequently charged with a series of treasonous crimes...
, at the end of the Cultural RevolutionCultural RevolutionThe Great Proletarian Cultural Revolution, commonly known as the Cultural Revolution , was a socio-political movement that took place in the People's Republic of China from 1966 through 1976...
in 1980. Jiang received life imprisonment, and committed suicide in 1991 while in prison. Charges against Jiang and the Gang of Four still remain. - Kang ShengKang ShengKang Sheng , Communist Party of China official, oversaw the work of the People's Republic of China's security and intelligence apparatus at the height of the Cultural Revolution in the late 1960s. He was a close associate of Mao Zedong and remained at or near the pinnacle of power for decades...
, who died in 1975, was posthumously accused of the crime in 1980 and had his party membership stripped. - Lin BiaoLin BiaoLin Biao was a major Chinese Communist military leader who was pivotal in the communist victory in the Chinese Civil War, especially in Northeastern China...
, during the Criticize Lin, Criticize Confucius campaign in 1973, and onwards. Lin Biao and his family died in 1971 died in a plane crash when trying to fly out of China. Charges against him still remain. - Lin ZhaoLin ZhaoLin Zhao born as Peng Lingzhao in Suzhou, December 16, 1932 died on April 29, 1968, was an outspoken dissident during the Hundred Flowers Movement of 1957...
, during the Hundred Flowers Movement in 1960. She was executed in prison in 1968. - Liu ShaoqiLiu ShaoqiLiu Shaoqi was a Chinese revolutionary, statesman, and theorist. He was Chairman of the People's Republic of China, China's head of state, from 27 April 1959 to 31 October 1968, during which he implemented policies of economic reconstruction in China...
, during the Cultural Revolution in 1967. He died in 1969 as a result of torture and medical neglect, and was rehabilitated in 1980. - Peng DehuaiPeng DehuaiPeng Dehuai was a prominent military leader of the Communist Party of China, and China's Defence Minister from 1954 to 1959. Peng was an important commander during the Second Sino-Japanese War, the Chinese civil war and was also the commander-in-chief of People's Volunteer Army in the Korean War...
, during the Cultural Revolution in 1966. He died in 1974, and was rehabilitated in 1978. - Harry WuHarry WuHarry Wu is an activist for human rights in the People's Republic of China. Now a resident and citizen of the United States, Wu spent 19 years in Chinese labor camps. In 1992, he founded the Laogai Research Foundation. In 1996 the Columbia Human Rights Law Review awarded Wu its second Award for...
, during the Hundred Flowers Campaign in 1956. - Zhang ZhixinZhang ZhixinZhang Zhixin was a dissident during the Cultural Revolution who became famous for criticizing the idolization of Mao Zedong and the ultra-left...
, during the Cultural Revolution in 1969. She was executed in prison in 1975, and was rehabilitated in 1979.
Capitalist roader
Capitalist roaderCapitalist roader
In Maoist thought, a capitalist roader or is a person or group who demonstrates a marked tendency to bow to pressure from Bourgeois forces and subsequently attempts to pull the Revolution in a capitalist direction....
s as described to be representatives of the capitalist class within the Communist Party, as well as those who attempt to restore capitalism. Liu Shaoqi
Liu Shaoqi
Liu Shaoqi was a Chinese revolutionary, statesman, and theorist. He was Chairman of the People's Republic of China, China's head of state, from 27 April 1959 to 31 October 1968, during which he implemented policies of economic reconstruction in China...
and Deng Xiaoping
Deng Xiaoping
Deng Xiaoping was a Chinese politician, statesman, and diplomat. As leader of the Communist Party of China, Deng was a reformer who led China towards a market economy...
were the two most famous "Capitalist roader" during the Cultural Revolution. After the Cultural Revolution, Deng's policies led to economic reform in China, and a resurgence of capitalism.
Collusion with foreigners
During the Cultural RevolutionCultural Revolution
The Great Proletarian Cultural Revolution, commonly known as the Cultural Revolution , was a socio-political movement that took place in the People's Republic of China from 1966 through 1976...
, victims who were being accused of collusion with foreigners (Chinese:里通外国) would often face long jail term, or death penalty.
Anti-party and anti-socialism
The charge of Anti-party and anti-socialism (反党反社会主義) could result in death penalty. The term received media attention in 2010, when Xia Yeliang, a professor of Peking University, was accused of Anti-party and anti-socialism by his students over his phrasing of Taiwan as a country.Reactionaries
The accusation of reactionaries(反動份子) often resulted in long jail term and/or death penalty. This accusation was discontinued following the end of the Maoist era.Class enemy
The accusation of Class enemy (階级敌人) often resulted in long jail term and/or capital punishment. With the demise of Maoism in China after the rise of Deng Xiaoping, the use of the term "Class enemy" is now extraordinarily rare in China.Inciting subversion of the state
Inciting subversion of the state (煽动颠覆国家政权) was announced in a 1997 amendment of the Criminal Code of the People's Republic of China. According to Article 105, Paragraph 2,
"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."
The charge of inciting subversion has been leveled against a number of dissidents, Weiquan lawyers, and political reformers. Rights activists, along with international human rights organizations, have argued that article 105 is inconsistent both with China’s own constitution and with international human rights standards, particularly in light of the lack of transparency and clear guidelines used in applying the laws. According to the United Nations
United 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", the vague and broadly defined wording of the legislation allowed the communication of thoughts and ideas to be regarded as "subversion", even without intentions to commit criminal acts.
Accused
Among the most prominent Chinese citizens to have been charged with inciting subversion are:- Gao ZhishengGao ZhishengGao Zhisheng is a Chinese human rights attorney and dissident known for defending activists and religious minorities and documenting alleged human rights abuses in China. Because of his work, Zhisheng has been disbarred and detained by the Chinese government several times and released...
, sentenced in Dec 2006 of 3 years of imprisonment, 1 year deprivation of political rights. - Guo QuanGuo QuanGuo Quan is a Chinese human rights activist. He founded the China New Democracy Party. He is a State Owned Enterprise cadre, secretary of the Nanjing Economic Restructuring Commission and Nanjing People's Court cadre....
arrested in Nanjing on 13 Nov 2008. He was sentenced to 10 years imprisonment in October 2009. - Hu JiaHu Jia (activist)Hu Jia is an activist and dissident in the People's Republic of China. His work has focused on the Chinese democracy movement, Chinese environmentalist movement, and HIV/AIDS in the People's Republic of China...
, sentenced in April 2008 of 3 and half years of imprisonment. - Huang QiHuang QiHuang Qi is a Chinese webmaster and human rights activist. He is the co-founder of Tianwang Center for Missing Persons , along with his wife Zeng Li...
, was sentenced in Feb 2003 to 5 years of imprisonment, with 1 year deprivation of political rights. He was sentenced to three years imprisonment in November 2009 for "illegal procession of state secrets" - Liu XiaoboLiu XiaoboLiu Xiaobo is a Chinese literary critic, writer, professor, and human rights activist who called for political reforms and the end of communist single-party rule in China...
, arrested in 2008 due to the publication of Charter 08Charter 08Charter 08 is a manifesto initially signed by over 350 Chinese intellectuals and human rights activists. It was published on 10 December 2008, the 60th anniversary of the Universal Declaration of Human Rights, adopting name and style from the anti-Soviet Charter 77 issued by dissidents in...
. He was sentenced to 11 years imprisonment and 2 years deprivation of political rights in December 2009. Liu had three previous convictions beginning in 1989. - Tan ZuorenTan ZuorenTan Zuoren , from Chengdu, Sichuan province, People's Republic of China, is an environmentalist, writer and former editor of Literati magazine .On February 9, 2010...
, was sentenced to 5 years in prison for “inciting subversion of state power” in February 2010 - Wang XiaoningWang XiaoningWang Xiaoning is a Chinese dissident from Shenyang who was arrested by authorities of the People's Republic of China for publishing controversial material online using his Yahoo! email account....
, arrested for publishing controversial material online. In September 2003, Wang was convicted of charges of "inciting the overthrow of the state" and sentenced to ten years in prison. - Yang ChunlinYang ChunlinYang Chunlin is a human rights activist in Heilongjiang, China. Yang has published numerous articles on human rights and land rights. In 2007, he helped organise a petition entitled, "We want human rights, not the Olympics." The petition reportedly collected over ten thousand signatures...
, sentenced in February 2008 to 5 years of imprisonment, with 2 year deprivation of political rights.
Inciting splitting of state and sabotage of the state unity
Inciting splitting of state and sabotage of the state unity (煽动分裂国家、破坏国家统一) would also warrant long jail term. The Chinese government used this law to prosecute those who it saw as separatists.Stealing state secrets
Stealing state secret(竊取國家機密罪) is the crime of stealing state secrets and giving them to foreigners.- Shi TaoShi TaoShi Tao is a mainland Chinese journalist, writer and poet, who in 2005 was sentenced to imprisonment for 10 years for releasing a document of the Communist Party to an overseas Chinese democracy site after Yahoo! China provided his personal details to the Chinese government.-Brief history:Shi Tao...
, sentenced in 2005 to 10 years imprisonment, and 2 year deprivation of political rights, on the charge of leaking state secrets to foreigners. - Song Yongyi, researcher on the Cultural RevolutionCultural RevolutionThe Great Proletarian Cultural Revolution, commonly known as the Cultural Revolution , was a socio-political movement that took place in the People's Republic of China from 1966 through 1976...
, was arrested and jailed in December 1999, and was released after the intervention of the US government.
Espionage
Espionage, or being a foreign spy, carries a long jail term and possible death penalty.- Ching CheongChing CheongChing Cheong is a senior journalist with The Straits Times. He is best known for having been detained by the People's Republic of China on allegations of spying for Taiwan. He was imprisoned from April 2005 to February 2008, spending more than 1000 days in prison. Human rights advocates and...
, senior journalist with The Straits TimesThe Straits TimesThe Straits Times is an English language daily broadsheet newspaper based in Singapore currently owned by Singapore Press Holdings . It is the country's highest-selling paper, with a current daily circulation of nearly 400,000...
, was imprisoned in April 2005 for espionage allegations, namely providing state secrets (國家機密) to TaiwanTaiwanTaiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
in exchange of millions of dollars in rewards. He was released in February 2008 following outcry from Hong KongHong KongHong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
politicians and journalists - Rebiya KadeerRebiya KadeerRebiya Kadeer is a prominent Uyghur businesswoman and political activist from the northwest region of Xinjiang Autonomus Region of the People's Republic of China...
, convicted in March 2000 of "leaking state secrets to foreigners" and "endangering state security". She spent 2 years in solitary confinment, and was released in March 2005 . - Wei JingshengWei JingshengWei Jingsheng is a Chinese activist known for his involvement in the Chinese democracy movement, most prominent for authoring the document Fifth Modernization on the "Democracy Wall" in Beijing in 1978. He is generally known for getting arrested and spending 15 years in prison due to the document...
, sentenced to 15 years imprisonment in November 1979 for alleged selling military secrets to a British correspondent. He was again arrested in April 1994 for "Inciting subversion of the state", until his release in November 1997.
See also
- Human rights in the People's Republic of ChinaHuman rights in the People's Republic of ChinaHuman rights in the People's Republic of China are a matter of dispute between the Chinese government, other countries, international NGOs, and dissidents inside the country. Organizations such as the U.S. State Department, Amnesty International, and Human Rights Watch have accused the Chinese...
- Re-education through labor
- LaogaiLaogaiLaogai , the abbreviation for Láodòng Gǎizào , which means "reform through labor," is a slogan of the Chinese criminal justice system and has been used to refer to the use of prison labor and prison farms in the People's Republic of China . It is estimated that in the last fifty years more than...
- Black jailsBlack jailsBlack jails are a network of extralegal detention centers established by Chinese security forces across the People's Republic of China in recent years. They are used mainly to detain, without trial, petitioners , who travel to seek redress for grievances unresolved at the local level...
- Zhen FanZhen FanThe Campaign to Suppress Counterrevolutionaries was the first political campaign launched by the People's Republic of China designed to eradicate opposition elements, especially former Kuomintang functionaries accused of trying undermine the new Communist government...
Further reading
- Julia Strauss. "Paternalist Terror: The Campaign to Suppress Counterrevolutionaries and Regime Consolidation in the People's Republic of China, 1950-1953," in Comparative Studies in Society and History 44 (2002), p. 80-105.