The Irony in Chinese Law

China faces an interesting irony within their Constitution (35, 41) and Criminal
Law (105), which contradict itself. The Chinese citizens, under Constitution 35 and 41
are allowed to demonstrate, have freedom of speech, press, procession and criticize the
functioning of the state. Yet under Criminal Law Article 105, citizens are subject to
criminalization if they are caught spreading rumors, slander, or other means, such as
organizing, scheming and act to instigate the subversion of the socialist system. Further,
the citizens are thrown into a conflict where a mere protest or communication critiquing
the political power of the Peoples Republic of China (PRC), who are practicing their
freedom of speech and demonstration are caught in a dilemma where they are subject to a
minimum of 3 years of imprisonment with hard labor and torture. Criticized by the
United Nations in 1997, China needs to reform their laws in order to make it stricter and
more precise so it cannot be used to exploit the citizens rights which can lead to inhuman,
immoral practices by politicians.
We see Article 105 used tremendously to indict journalists, musicians, reporters,
human rights activists and organizations that may harm the image of the Communist
party of China after the invasion of Tibet in 1950. China has enforced various harsh and
repressive policies that not only intensified and degraded the situation in Tibet but also
resulted in spasms of violent protests and over 132 self- immolations since 2011. Tibets
political, civil and basic human rights are constantly under attack and suppressed which
may eradicate and eventually lead to the extinction of the whole rich culture. Under the
laws which pertain to imprisonment of those who are seen as a threat to the Chinese

socialist political party, the PRC has jailed and caused the disappearances of over 32
journalists, film makers, musicians and reports according to the 2013 prison census.
Lets say Tibet is really a part of China and governed under the same Constitution
of the PRC. Tibetans should then be subject to the same rights of the PRC yet Tibetans
are not allowed to freely protest, peaceful protests are met with military crackdowns and
deaths. The Tibetan flag, national anthem, possession of a picture of the Dalai Lama can
result in imprisonment, solitary confinement, electric shocks, continuous torture and
execution. Many protesters disappear, the Chinese, due to their ambiguous, broad and
imprecise criminal law, subject human rights campaigners to prison using Article 105.
Especially the language within the original article, which states the incitement to subvert
the political power of the State and overthrow the socialist system by means of spreading
rumors, slander or other means the concept behind other means, is open to any sort of
interpretation and can be misused to sentence those who retaliate against the government.
PRC claims the Criminal Law serve as legal tools to indict those who harm or
threaten the government of China. The original editor of the Criminal Law of PRC Gao
Mingxuan, claims that every country has a limited freedom of speech and Chinas laws
are justified because of differences in culture, legal system and social background with
other countries. He also believes the right to freedom of speech can result in harmful
results and speech that causes social unrest and incitement, should be limited. However,
when even communicating and critiquing the government can lead to imprisonment and
police brutality, where freedom of speech is a right yet discouraged with punishment and
jail time, the laws must be altered to serve the public with a more clear regulation.

There are many laws, policies and rules China needs to be held accountable for
and forced to make amendments. Under the Chinese Criminal Law, Article 105 must be
revoked and reworded so that government officials do not abuse the power vested in the
ambiguous wording of the law to hurt the common citizen. Under President Xi Jinping,
who assumed power of the PRC in 2012 must, ease inhumane policies in Tibet that is
exploiting their culture and people, depriving them off their most basic human rights of
freedom and the mere act of asking for freedom. Not only must China start negotiations
with the Dalai Lama to bring some peace onto the Tibetans, western countries and
powerful organizations like the United Nations must constantly keep China on check and
pressure them to make reforms so that the troubled Chinese and Tibetan citizens alike, are
able to fully acquire the most basic human rights all mankind should to entitled to. Only
when China decides to alter their policies and ease their restrictions, will we see a less
unsettled Tibet and a more human rights friendly China. Until then, we will only hear
about injustice and merciless cases.