Picking quarrels and provoking trouble (), also translated as picking quarrels and stirring up trouble or picking quarrels and making trouble, is a
criminal offense in the
People's Republic of China
China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
.
Law
The crime first appeared under Article 293 of the 1997 revision of the Criminal Law of the People's Republic of China, and has carried a maximum sentence of five years.
The former offense of "
hooliganism
Hooliganism is disruptive or unlawful behavior such as rioting, bullying and vandalism, often in connection with crowds at sporting events. A hooligan is a person that engages in illicit reckless behaviors and is a public nuisance.
Etymology ...
" was removed in the same revision of the criminal law.
Article 293 says:
''Anyone who commits any of the following acts of provocation and disturbing social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or public surveillance:''
#'' Beating others at will and the circumstances are egregious;''
#'' Chasing, intercepting, or insulting others in a serious manner;''
#'' Taking forcibly or arbitrarily damaging or occupying public or private property, if the circumstances are serious;''
#'' Making trouble in public places, causing serious disorder in public places.''
Opinions
Zhu Zhengfu, a delegate to the
Chinese People's Political Consultative Conference
The Chinese People's Political Consultative Conference (CPPCC) is a political advisory body in the People's Republic of China and a central part of the Chinese Communist Party (CCP)'s United front (China), united front system. Its members adv ...
and vice-chair of the
All China Lawyers Association, said in 2022 that the law's "legal ambiguity breeds room for selective law enforcement, damages the public's legal interests and undermines judicial credibility." Zhu argued in 2022 that the law should be eliminated.
Critics have said the offense is ill-defined, arbitrarily applied and facilitates the abuse of state power.
List of notable people charged with picking quarrels and provoking trouble
*
Li Tingting (李婷婷),
Wei Tingting (韦婷婷),
Zheng Churan (郑楚然),
Wu Rongrong (武嵘嵘), and
Wang Man (王曼) (see
Arrest of Chinese Feminists in 2015)
*
Cao Shunli, a lawyer and human rights activist who was arrested at Beijing Airport in September 2013, and subsequently died in detention in March 2014
*
Hao Jinsong
*
Huang Xueqin (黄雪琴), a journalist who was prominent in China's
Me Too movement
#MeToo is a social movement and Consciousness raising, awareness campaign against sexual abuse, sexual harassment and rape culture, in which women publicize their experiences of sexual abuse or sexual harassment. The phrase "Me Too" was init ...
and who wrote about the
2019–20 Hong Kong protests was arrested for "picking quarrels and provoking trouble" in October 2019.
*
Liu Ping
*
Pu Zhiqiang
*
Qin Huohuo
*
Tie Liu
*
Yang Maodong, a Chinese human rights lawyer, was sentenced to six years in prison in 2015 after being charged with disturbing public order and "picking quarrels and provoking trouble".
*
Zhang Zhan
Zhang Zhan ( zh, t=張展, s=张展, p=Zhāng Zhǎn; born 2 September 1983) is a Chinese citizen journalist and former lawyer who travelled to Wuhan in February 2020, from where she reported on the impact of the Wuhan lockdown, lockdown measure ...
(
张展), a
citizen journalist
Citizen journalism, also known as collaborative media, participatory journalism, democratic journalism, guerrilla journalism, grassroots journalism, or street journalism, is based upon members of the community playing an active role in the pro ...
who reported on the
COVID-19
Coronavirus disease 2019 (COVID-19) is a contagious disease caused by the coronavirus SARS-CoV-2. In January 2020, the disease spread worldwide, resulting in the COVID-19 pandemic.
The symptoms of COVID‑19 can vary but often include fever ...
outbreak in
Wuhan
Wuhan; is the capital of Hubei, China. With a population of over eleven million, it is the most populous city in Hubei and the List of cities in China by population, eighth-most-populous city in China. It is also one of the nine National cent ...
was arrested in May 2020, and sentenced to four years in prison for "picking quarrels and provoking trouble" in December 2020.
*
Zhao Lianhai
*
Sun Dawu, a billionaire sentenced to eighteen years in prison in July 2021
*
Yu Wensheng
*
Chen Jieren[; ]
See also
*
Breach of the peace
Breach of the peace or disturbing the peace is a legal term used in constitutional law in English-speaking countries and in a public order sense in the United Kingdom. It is a form of disorderly conduct.
Public order England, Wales and Norther ...
*
Public nuisance
In English criminal law, public nuisance is an act, condition or thing that is illegal because it interferes with the rights of the general public.
In Australia
In ''Kent v Johnson'', the Supreme Court of the ACT held that public nuisance is ...
*
Law of the People's Republic of China
The Law of the People's Republic of China, officially referred to as the socialist rule of law with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainland China, Hong Kong, and Macau.
C ...
*
Public-order crime
In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal ...
*
Hooliganism (Soviet Union and Russia)
References
{{China national security
Political repression in China
Law of the People's Republic of China