From Wikipedia, the free encyclopedia
This is a list of political offences that attract jail
terms in China. During the Maoist era, judicial system of the People's Republic of China
was often used for political persecution of rivals, in the sense
that penalties (either long 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
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 jail terms.
In Mao: The Unknown Story, Jung Chang and Jon Halliday estimate that perhaps 27
million people died in prisons and labor camps during Mao Tse-tung's rule.
Chinese constitution Article 28. 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 crime of counter-revolution (反革命)was
established in February 1951, involving accusations such as the
- 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
In 1997, this law was replaced by a new law: Inciting subversion
of the government.
Lin Biao counter-revolution
Lin Biao (林彪反革命集团)was
accused of plotting against Mao zedong, and subsequently died in a
plane crash in Mongolia.
Jiang Qin(Gang of
Jiang Qing Gang
of four counter-revolution clique.
reported faculty professor to the police
Professor Yang Siquan (杨师群) of East China University of
political science and law was accused and reported to the police
for alleged counter-revolution activities by his students.
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reported him on a out of date Maoist era political charge.
The Chinese version is (反党反社会主義), which could result in death
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.
The accusation of Class enemy (階级敌人)often resulted in long
jail term and/or death penalty. 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
Inciting subversion of the state (煽动颠覆国家政权) was announced in a
1997 amendment of PRC criminal law, often used by the
regime to prosecute political reform dissidents and petitioners and
The phrase inciting subversion of the state was claimed
by some activists to have been used as a reason to arrest critics
of the state in China.
- Guo Quan, on 13 Nov
2008 , was arrested in the city of Nanjing. According to his wife,
the police's charge was "subversion of state power". Chinese police
routinely uses the charge of "subversion of state power"to imprison
dissidents for years.
- Gao Zhisheng,
was sentenced in Dec 2006 of 3 years of imprisonment, no political
right one year.
Xiaobo, was arrested in 2008 due to the publication of Charter 08, but the
government has yet present any explanation.
- Hu Jia
(activist), was sentenced in April 2008 of 3 and half years of
- Huang Qi, was
sentenced in Feb 2003 to 5 years of imprisonment, with one year of
no political rights.
- Yang Chunlin,
was sentenced in Feb 2008 to 5 years of imprisonment, with 2 years
of no political rights.
Xiaoning (王小宁) was arrested by the government of the People's Republic of China
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.
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
Stealing state secret(竊取國家機密罪) is the crime of stealing
state secrets and giving them to foreign powers.
- Shi Tao in 2005 was
sentenced to prison for ten years, and lose his political rights
for two years, on the charge of leaking state secrets to
- Song Yongyi宋永毅, a researcher on Cultural
revolution, was arrested and jailed by the Chinese government,
and was released after the intervention of the US government.
Espionage, or being a foreign spy, carries a long jail term and
possible death penalty.
程翔; pinyin: Chéng Xiáng) (born in 1949) is
a senior journalist with The Straits Times. He was
imprisoned by the communist government from April 2005 to February
2008 for alleged espionage, namely providing state secrets(國家機密) to
Taiwan in exchange of millions
of dollars in rewards.
Hong Kong Journalist Association's chairwoman Fan Ho-tsai added
the association believed that Ching Cheong is innocent.
- 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.
Chang, Jung and Halliday, Jon. Mao: The Unknown Story. Jonathan Cape,
London, 2005. p. 338: "By the general estimate China's prison
and labor camp population was roughly 10 million in any one year
under Mao. Descriptions of camp life by inmates, which point to
high mortality rates, indicate a probable annual death rate of at
least 10 per cent."
"CONSTITUTION OF THE PEOPLE'S
REPUBLIC OF CHINA (Adopted on December 4, 1982)".
www.people.com.cn. http://english.people.com.cn/constitution/constitution.html. Retrieved
Hannam, Peter (January 31, 1994).
"Solving a Chinese puzzle: Lin Biao's final days and death, after
two decades of intrigue". U.S. News
& World Report: 54.
Kozyrev, Andrei (March 24, 1994).
"Delo Lin' Biao: zagadka pochti razreshena [The Lin Biao affair:
the mystery is almost solved]". Moskovskaya
Dmitriev, Iurii (April 9, 1994).
"Poslednii polet kitaiskogo marshala [The Last Flight of the
Chinese Marshal]". Trud.
Ivavniuk, Ivan (May 7, 1994).
"Marshal Lin' Biao razbilsia v Mongolii [Marshal Lin Biao crashed
in Mongolia]". Krasnaia
Chinese:教授被学生举报为反革命续：争议讲课内容曝光". Sina news. 5 Dec 2008. http://news.sina.com.cn/c/2008-12-05/162416791645.shtml. Retrieved
China democracy activist Guo
Quan detained. Reported by THE ASSOCIATED PRESS|Date:13 Nov
2008|Cnews World watch
"Chinese couple sue Yahoo! in
US over torture case". The Independent. 2007-04-20. http://news.independent.co.uk/world/americas/article2465946.ece.
"EastSouthWestNorth: The Case
of Shi Tao". http://www.zonaeuropa.com/20050501_1.htm. Retrieved
BBC Chinese.com. 29 Jan 2000. http://news.bbc.co.uk/chinese/simp/hi/newsid_620000/newsid_623200/623295.stm. Retrieved
- ^ Thestandard.com.
The spy who came in from the cold. Retrieved on