Law Without Lawyers

Theiss, Sarah

doi:10.4324/9780429047367

Cited by 1 publication

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“…The first crackdown on homosexuality (and, in particular, sodomy) that resulted in criminal charges began in the Cultural Revolution (see Li, 2006: 85). Homosexual men were regularly arrested under Article 106 of Chinese Criminal Law – which included prohibitions against hooliganism – although hooliganism was not in itself a criminal offence (Ruan, 1991: 3; see also Chou, 2000; Geyer, 2003; Li, 1977).…”

Section: The Law Morality and Hooliganism In Chinamentioning

confidence: 99%

‘There was no mercy at all’: Hooliganism, homosexuality and the opening-up of China

Worth

Jing

McMillan

et al. 2018

International Sociology

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This article discusses the Chinese state crackdown on homosexuality during the reform period through the narratives of homosexual men who were arrested and sentenced to re-education through labour at that time. Utilising the work on morality and law by Zygmunt Bauman, it is shown that Deng Xiaoping’s proposal in 1979 to advance Chinese socialist spiritual civilisation was operationalised through a wide variety of procedures, including the use of the criminal justice system through the new crime of ‘hooliganism’. It was understood that the object infringed upon by hooliganism was the social order itself, through acts that violated the moral principles of Chinese society. Legislated in 1979, hooliganism was an obvious tool for the regulation of sexuality. Those engaged in hooliganism had to be severely punished. Seven men of the 31 men in our study were arrested and six were sentenced to re-education through labour.

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Section: The Law Morality and Hooliganism In Chinamentioning

confidence: 99%