Political offences in China

This is a list of offences that attract jail terms in modern 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 the accused lining up in front of a firing squad.

In more recent times, accusations such as "possession of state secret" (拥有国家机密), "inciting the subversion of state authority" (煽动推翻国家政权) can automatically attract years of jail terms.

Though there are civilian lawyers, their independence is to be doubted, and very often the lawyers also end up in prison with no explanation offered.

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.

Counter-revolution

The crime of counter-revolution was established in February 1951, involving accusations such as the following:

• collaborating with western imperialist to incite government officials, military personnels and/or people's militia to revolt;
• taking part in a group revolt using weapons
• taking part in special agents and/or spy organization

Accused

• Zhang Zhixin
• Harry Wu

Inciting subversion of state authority

Inciting subversion of state authority (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 Weiquan people.

The phrase subversion of state authority was often used by the regime to arrest anyone who dare to criticize the Communist party or the Chinese government.

Accused

• Guo Quan, was arrested in late 2008 without any explanation from the government.
• Gao Zhisheng, was sentenced in Dec 2006 of 3 years of imprisonment, no political right one year.
• Liu 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 imprisonment.
• Huang Qi, was sentenced in Feb 2003 to 5 years of imprisonment, with one year of no political right.
• Yang Chunlin, was sentenced in Feb 2008 to 5 years of imprisonment, with 2 years of no political right.
• Wang Xiaoning (王小宁) was arrested by communist government of the People's Republic of China for publishing controversial material online. In September 2003, Wang was convicted of charges of "incitement to subvert state power" and sentenced to ten years in prison.

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 communist government normally use this law to prosecute anyone advocating freedom for Tibetans.

Stealing state secrets

Stealing state secret(竊取國家機密罪) was often used to prosecute dissents, sometimes on Chinese who had obtain foreign country passport. The alleged state secret is a very broad and vague accusation often used on Chinese dissidents.

• 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 foreigners.

Espionage

Espionage, or being a foreign spy, carries a long jail term and possible death penalty.

Imprisoned

Ching Cheong (Chinese: 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.

See also

• Human rights in the People's Republic of China
• List of Re-education Through Labor camps in China
• Persecution of Falun Gong
• Re-education through labor
• Laogai

Additional source

• In Chinese:天涯法律网:煽动颠覆国家政权罪Google translation
• In Chinese:广东刑事辩护网:煽动颠覆国家政权罪Google translation
• In Chinese:大紀元:學校倒塌照片構成煽動顛覆國家政權罪Google translation
• In Chinese:法律快车:哪些行为构成颠覆国家政权、煽动颠覆国家政权罪？Google translation
• In Chinese:曾金燕(Zeng Jinyan, wife of Hu Jia)管窥“煽动颠覆国家政权罪Google translation
• In Chinese:Independent Chinese Pen center:要求对“煽动颠覆国家政权罪”作出法律解释的呼吁信Google translation
• In Chinese:陈道军判决书爆光：认定诽谤共产党等于煽动颠覆国家政权(博讯北京时间2008年12月02日 Google translation
• In Chinese:两外籍华人受敌对组织指使 煽动颠覆国家政权被施重刑

External links

• In Chinese:郭国汀：简析严正学所谓颠覆国家政权案
• In Chinese:郭国汀：胡氏中共暴政最害怕最恨谁？——申曦（曾节明）先生为反抗中共极权专制暴政做了哪些事?
• In Chinese:郭国汀：关注声援支持中国知识分子英雄郭泉博士
• In Chinese:师涛被捕再次证明：中华人民共和国没有公民，只有罪犯
• 就黄琦被以"涉嫌非法持有国家机密罪"逮捕的声明
• In Chinese:李少民高瞻案辦得實在太笨拙了點
• In Chinese:因間諜罪而在內地被判監 5年的新加坡《海峽時報》中國首席特派員程翔，月初獲假釋
• 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.