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Two Sessions 2022
ChinaPolitics

‘Picking quarrels and provoking trouble’ should no longer be a crime in China, says leading lawyer

  • Activists have long complained that the vaguely defined offence is used as way of muzzling dissent
  • Zhu Zhengfu, a member of the country’s top political advisory body, says the law is too ambigious in its definition and should be scrapped ‘when the time is right’

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The proposal will be discussed at the annual legislative session next week. Photo: Simon Song
Mimi Lau
A leading Chinese lawyer and member of the country’s top political advisory body has suggested that “picking quarrels and provoking trouble” – a catch-all term routinely used by law enforcement to muzzle dissent – should no longer be a crime.
Rights activists and petitioners have long been targeted by the infamous “pocket crime” for a wide range of dissident acts and legal experts are pessimistic that lawmakers will consider the proposal during next week’s annual parliamentary session.

The proposal to revoke the catch-all crime at the “appropriate time” is set to be submitted by Zhu Zhengfu, a vice-chairman of All China Lawyers Association and a delegate to the Chinese People’s Political Consultative Conference (CPPCC), local media reported.

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“The charge is significantly flawed and ambiguous. Not only has it been a judicial obstacle, it has also been highly abused resulting in over-criminalisation,” said Zhu, according to CCPPC Daily, the conference’s official mouthpiece.

Zhu said the main elements of the offence, which targets those “causing severe disruption to public order”, are too vague and open to interpretation.

Zhu Zhengfu said the law was too vague and broad in scope. Photo: Handout
Zhu Zhengfu said the law was too vague and broad in scope. Photo: Handout

“Its legal ambiguity breeds room for selective law enforcement, damages the public’s legal interests and undermines judicial credibility.

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