Abstract
Recent events have shifted the way the Chinese state responds to organized crime and corruption. The re-definition of organized crime, improved judicial oversight and the re-assessment of ‘strike-hard’ style police campaigns are key reforms. This paper discusses the recent changes in law, practice and oversight in the context of a brief overview of criminal groups in China and the Chongqing policing model. Revisions to the criminal law are described and the likely outcomes are assessed in the context of the key struggle to contain corruption and organized crime.
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Notes
The 8th Amendment to the Criminal Law of the People’s Republic of China (PRC) passed at the 19th meeting of the Standing Committee of the 11th National People’s Congress on February 25, 2011 and entering into force on May 1, 2011.
The new criminal procedure law was passed at the 5th meeting of the 11th NPC March 14, 2012 as the Amendment of the Criminal Procedure Law of the PRC (Order No. 55 of the President of the PRC) with effect form January 1 2013.
Chinese terms for crime groups are often translated as triads or mafia-like groups and recently ‘gangster/gangland’ has appeared but the phrase ‘black’ societies is the common colloquial– preferred here given the historical significance of secret societies denoted by the English term triad. Hong Kong-style triads expanded into the mainland because they were more egalitarian and enjoyed the haven provided by British Hong Kong unlike the more structured Shanghai ‘green gang’ (ching bang) which had not survived the exile to Hong Kong.
For example, economic development in Shenzhen Special Economic Zone (SEZ) and many coastal cities attracted millions of rural migrants from all over China. The emerging market economy created a market for protection and corruption. Shenzhen was a focal point of Hong Kong and Taiwanese triad-like gangs because of a demand for illicit services, and drug smuggling (Broadhurst and Lee 2009).
The Wikipedia entry for “Wang Lijun”, for example, cites over 20 news reports about the “Wang Lijun Incident” and the likely reasons for such a dramatic incident (English sources include the South China Morning Post, and New York Times, and those in Chinese the Southern Weekly and Chongqing Daily, see China Digital Times 2012).
Translation provided by Peking University Center for Legal Information: LawInfoChina at http://www.lawinfochina.com/.
Article 294: “Whoever teaches methods for committing a crime shall be sentenced to imprisonment of not more than 5 years, criminal detention or control; if the circumstances are serious, be sentenced to imprisonment of not less than 5 years but not more than 10 years; or if the circumstances are especially serious, be sentenced to imprisonment of not less than 10 years or life imprisonment.”
Article 293: “Whoever disrupts the social order by committing any of the following provocative and disturbing acts shall be sentenced to imprisonment of not more than 5 years, criminal detention or control: (1) Assaulting any other person at will, with execrable circumstances (qua ‘consequences’ – translation unclear); (2) Chasing, intercepting, reviling or intimidating any other person, with execrable circumstances; (3) Taking or demanding forcibly or vandalizing or occupying at will public or private property, with serious circumstances; or (4) Making trouble in a public place, which causes a serious disorder of the public place. Whoever assembles other people to commit the acts as mentioned in the preceding paragraph many times, which seriously disrupt the social order, shall be sentenced to imprisonment of not less than 5 years but not more than 10 years and may be fined in addition.”
Personal communication with Professors Chen, Weidong, Fan Chongyi, Song Yinghui and Gu Yongzhong, March 30, 2012 Griffith University,
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Broadhurst, R. The suppression of black societies in China. Trends Organ Crim 16, 95–113 (2013). https://doi.org/10.1007/s12117-012-9174-0
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DOI: https://doi.org/10.1007/s12117-012-9174-0