Prostitution in the People's Republic of China

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Advertising card of a prostitute

The prostitution in the People's Republic of China is widely used since the early 1980s, both in urban and rural areas. The Chinese Communist Party began after coming to power in 1949 with a number of campaigns that the prostitution allegedly at the beginning of the 1960s from the People's Republic of China had driven. Despite the efforts of the government, prostitution has now grown into a large-volume industry where a lot of money changes hands. It is also associated with various problems such as: With organized crime , government corruption or sexually transmitted diseases .

Prostitution in China can be characterized by various types, locations and prices. The sex sellers come from different social backgrounds. They are almost all female, even if there have been more and more male prostitutes in recent years. Locations include hotels, karaoke parties, and beauty farms .

While the Chinese government has always cracked down on the organizers of prostitution, it has wavered between crime and human error in judging prostitutes . Since the return of prostitution in the 1980s, the government has initially responded with the existing legal system, i.e. with institutions such as courts and the police. It has also carried out police campaigns and clearly delimited public activities as a form of social discipline. Despite the efforts of international non-governmental organizations and overseas commentators, there is little support for legalization of the sex sector from the public, social organizations or the government.

Prostitution in the Maoist Era

After the victory of the Communist Party on February 3, 1949, the government began to fight prostitution. One month after taking power, the Ye Jianying government announced a policy to control brothels in Beijing . On November 21, 1949, all 224 establishments were closed and within twelve hours, 1,286 prostitutes and 434 owners and pimps were arrested by 2,400 police officers. The campaign was hailed as a great success. Given the multitude of social tasks local governments had to perform on a budget and staffed basis, most cities slowed down by controlling and then banning prostitution in brothels. This method was used in Tianjin , Shanghai and Wuhan . This included an administration that controlled the activities in brothels and discouraged regular male customers. The aim was to reduce the number of brothels in each city so that the remaining brothels could be closed in the style of the Beijing campaign and rehabilitation could begin. The most comprehensive rehabilitation programs were in Shanghai, where the number of sex workers rose to 100,000 after the Second Sino-Japanese War .

At the beginning of the 1960s, the visible forms of prostitution in the People's Republic of China had largely disappeared as a result of such measures. At the same time, according to the government, the venereal diseases could be wiped out. To document this victory, all 29 research facilities for such diseases were closed in 1964.

According to Marxist theory , women who sell sex were forced into prostitution in order to survive. The communist government therefore celebrated the destruction of prostitution as an important success and as proof of the hegemony of Maoism . For three decades, prostitution in China was not a cause for concern. However, recent studies show that prostitution did not completely disappear under the Maoist regime. Pan Suiming, one of the leading Chinese experts on the subject, said that "invisible" prostitution - in which women offer sexual services to police officers in order to obtain certain privileges - was an essential feature of Maoist China, especially in its final stages of the Cultural Revolution .

Prostitution after 1978

Arrests for prostitution as part of police campaigns
year Arrests
1983 46,534
1989-90 243.183
1996/97 around 250,000
1998 189,972
1999 216,660

The return of prostitution in the People's Republic of China began in 1978 with the liberalization of Chinese economic policy by Deng Xiaoping . From incomplete statistics based on nationwide raids , the prostitution rate in China has been increasing annually since 1982. Between 1989 and 1990, 243,183 people were employed in connection with prostitution. Zhang Ping assumes that such police information only covers around 25 to 30 percent of the people actually affected. Prostitution has a large part in the Chinese economy ; it employs potentially ten million people, consuming one trillion renminbi annually . After a police campaign in 2000, the Chinese economist Yang Fan estimated that China's gross domestic product fell by one percent due to female prostitutes who became unemployed.

The revival of prostitution initially took place in the cities on China's east coast, but by the early 1990s the practices were also widespread in the economic hinterland; this also included distant and underdeveloped regions such as Guizhou , Yunnan and Tibet . In the 1980s, the typical sex seller was a poorly educated, young, rural migrant from densely populated, relatively distant provinces such as Sichuan or Hunan . Over the past decade it has been found that most women choose prostitution themselves. Potential benefits of prostitution as an alternative form of employment include greater disposable income , access to higher social circles, and lifestyle choices. The state-controlled media turn their attention to city dwellers who engage in prostitution, v. a. Women with university education. The acceptance of prostitution seems to be growing. In one study, 46.8% of undergraduates surveyed in Beijing said they had thought about using prostitution services. In terms of demand, prostitution is linked to the gender inequality caused by the one-child policy .

Prostitution is often linked to government corruption. Many officials believe that strengthening prostitution in the tourism industry will bring economic benefits and higher tax revenues. The police have occasionally been involved in the management of high-class hotels where prostitution takes place, or bribed or used sexual services to induce them to ignore the activities. Corruption also happens indirectly through the widespread misuse of public funds to fund sexual services. Pan Suiming claims that there is a special form of prostitution in China that involves an agreement between those who use their power and authority in government to get sex and those who get privileges with sex.

In the late 1990s, it was found that more and more sex workers were being physically assaulted or even murdered in order to steal their money and property. There is also an increasing number of crimes, particularly theft and fraud against men who buy sex, and bribery of public employees. The criminals benefit from the fact that their victims often fail to report charges because of their involvement in prostitution. Organized criminal gangs are increasingly trafficking women to and from China, sometimes with violence and after multiple rapes . There are also increasing numbers of heroin addicts prostitutes in the People's Republic of China , whose drug addiction is often linked to international and domestic criminals.

Sexually transmitted diseases have increased again with the return of prostitution and are directly linked to it. It is feared that prostitution could become the main transmission route for HIV , as has already happened in developing countries such as Thailand and India . Inspired by Thailand's success in reducing HIV infection, some regions have implemented 100% condom use policies. There are also STI services, peer education, and voluntary counseling and testing for HIV in some locations.

Types and places

The Chinese police categorize prostitution practices according to a descending hierarchy of seven levels, although this typology does not include all existing forms. The levels illustrate the heterogeneous nature of prostitution and prostitutes. A rejection of anal sex and oral sex can still be seen within a few levels. In parallel to the prostitutes' various backgrounds, the suitors also come from many different professional groups.

  • first level: 包二奶 - bao'ernai
Women act as the "second wives" of rich and influential men, including government officials and entrepreneurs from the People's Republic, as well as business people from overseas. This practice is considered prostitution because the women actively woo men who can provide them with fixed meals and regular payments. Women who form such bonds sometimes live with their clients and may even have ambitions to become real wives.
  • second level: 包 婆 - baopo ("wrapped wife")
Women accompany a high-class client for a specified time, e.g. B. during a business trip and receive a fixed salary for it.

There is heated public debate about the first two levels because they are specifically linked to government corruption. Many local commentators see in these practices a concrete expression of a "right of the bourgeoisie ". The All-China Women's Federation as the most important carrier of feminism in the People's Republic of China, like women's associations in Hong Kong and Taiwan , is trying to end this form of cohabitation because it violates the emotional and economic security of a marriage contract.

  • third level: 三 厅 - santing ("three halls")
Barber shop Bao'an Shenzhen China.jpg
Women engage in sexual acts with men at karaoke parties, in discos, bars, restaurants, teahouses or similar places and receive financial benefits through tips from individual men who accompany them and a share of the income from informal service fees when using Facilities or by eating and drinking. A common euphemism for such hostesses is 三陪 小姐 ("ladies of the three escorts"). They often begin by allowing their clients to fondle their bodies or pat intimately. Then, when the customer is eager, sexual intercourse occurs.
  • fourth level: 叮咚 小姐 ("Dingdong women")
Women woo potential suitors by calling rooms in a particular hotel. They offer either one-time intercourse or all night long sex, the latter usually being double or triple the price.
  • fifth level: 发廊 妹 - falangmei ("sister of the hairdressing salon")
Women work in places that offer sexual services under the guise of massage or health or beauty treatment, e.g. B. in fitness centers, beauty farms, hairdressing salons, bath houses or saunas. Common activities include masturbation and oral sex .
  • sixth level: 街 女 - jienü ("street girl ")
Women court suitors on the street.
  • seventh level: 下 工棚 - xiagongpeng ("down to the work barracks ")
Women sell sex to male rural workers passing through.

The lowest two levels are characterized by a more direct exchange of sex for financial or material benefits. They are neither directly related to corruption nor mediated by the new tourism industry. Women who sell sex according to the lowest two strata usually do so for small sums of money, food, and protection.

Legal responses

The People's Republic of China rejects the argument that prostitution is a marginal transaction between individuals by mutual consent and that prohibition laws are a violation of civil liberties. She reacts by punishing the organizers of prostitution. Participants in prostitution are typically still punished under the Chinese system of administrative sanctions rather than criminal law.

Prostitution Act

Prostitution Act
1987 Security
Administration Penalties 中华人民共和国 治安 管理 处罚 条例
1991 strict ban on selling and buying sex
严禁 卖淫 嫖娼 的 决定
1991 harsh punishment for criminals who kidnap women and children or who are involved in human trafficking
严惩 拐卖 、 绑架 妇女 、 儿童 的 犯罪分子 的 决定
1992 Law for the Protection of the Rights and Interests of Women
妇女 权益 保障 法
1997 Revision of the criminal law of the PRC
中华人民共和国 刑法
1999 Rules for the management of public places of entertainment
娱乐场所 管理 条例

The National People's Congress did not address the issue of prostitution until the 1980s . The first criminal law of the People's Republic of China, the Criminal Law and Criminal Procedure Law of 1979, made no explicit comments on prostitution. Until the introduction of the "Security administration punishment regulations" in 1987, the legal control of prostitution was based on provincial laws and local police initiatives. According to the new rules, selling sex (卖淫) or having illegal relationships with a prostitute (嫖宿 暗娼) was considered a criminal offense.

Prostitution was not classified in the statute until the early 1990s . In response to requests from the Department of Public Security and the All-China Women's Federation , the NPC passed legislation in 1991 that significantly expanded controls on prostitution. The rulings prohibit the sale and purchase of sex and impose harsh penalties for kidnapping and trafficking in women and children. The 1992 Act to Protect the Rights and Interests of Women, which defines prostitution as a social practice that disregards the inherent personal rights of women, symbolically reinforced the stricter control laws.

The revised criminal law of the People's Republic of China from 1997 preserves the abolitionist perspective, since it primarily criminalizes the involvement of third parties in prostitution. For the first time, the death penalty could be used , but only in exceptional cases in the case of organized prostitution with additional circumstances such as repeated attacks, rape or serious physical injuries. In practice, the activities of direct participants will continue to be governed by administrative law; the exception is those who sell or buy sex even though they know they are infected with a sexually transmitted disease or who are engaged in prostitution with a child under the age of 14 . Since 2003, male homosexual prostitution has also been prosecuted under the law.

The 1997 Criminal Code contains provisions from the 1991 Decision that establishes a system of control over social places, especially places for leisure and entertainment. This is to prevent managers and workers within the hospitality industry, which is mainly run and looked after by men, from benefiting from prostitution or from driving others to do so. Government intervention in the commercial recreation industry found expression in the 1999 Regulations concerning the management of public places of entertainment. The regulations prohibit a number of commercial practices that characterize the activities of female "hostesses". These laws have been reinforced by the introduction of local licensing measures related to the organization of recreational facilities.

Party disciplinary action

In response to calls to curb official corruption in the mid-1990s, numerous rules were put in place to prevent government officials from operating recreational facilities and protecting illegal business operations. For example, the 1997 Communist Party's disciplinary rules include: B. Specific rules under which party members lose their posts if they use their position or public funds to get a "second wife" or to acquire sexual services. These measures are controlled by interrogating government officials following the practice introduced in 1998, thus combining the forces of the Communist Party Disciplinary Committee with those of the State Auditing Administration. Following these measures, the Chinese media published numerous cases of government officials convicted and convicted of abusing their position for the purposes of prostitution.

Controls

Despite the legal options, prostitutes are often treated as quasi-criminals by the Ministry of Public Security. The Chinese police regularly patrol public places, often with the support of mass organizations that use a strong presence to deter prostitution. Since prostitutes from the lower steps work on the street, it is easier for them to be arrested. There are also more arrests of female providers of sex than male buyers. The vast majority of men and women arrested are released on bail and fined. In some cases, China prostitutes do not use condoms because the police use them as evidence. The result is increasing infections with HIV, syphilis , gonorrhea (gonorrhea).

In turn, sex providers and buyers have developed numerous tactics to avoid arrest. The mobility enabled by modern communication systems such as cell phones and pagers, as well as modern forms of transportation such as taxis and private cars, make it difficult for police to pinpoint exactly who is involved in the crimes. The prostitutes also use the Internet, especially instant messaging software, to attract customers. In 2004, the police shut down the prostitution portal PlayChina .

Periodic police campaigns are the clearly more visible form of control compared to prevention . Campaigns against prostitution are accompanied by national media reports that publish the laws and regulations of the People's Republic of China. This is usually followed by the release of arrest statistics and official statements stating that the fight against prostitution will be long. The campaigns have been criticized for being based on an outdated, “ideological” construction and an equally outdated 1950 formula.

The primary target of prostitution controls during the 1990s was the Chinese entertainment industry. They culminated in the "strike hard" campaigns of 1999 and 2000. While such campaigns have failed to completely eradicate prostitution, regulations have at least ensured that there are legitimate female service workers with the right to reject practices who violate the applicable employment contract and be free from sexual harassment in the workplace .

However, the Chinese police prove incapable of controlling prostitution at higher levels. The cohabiting nature and the second wife are more of a target for social campaigns than for conventional policing. Due to the social changes, the Chinese police are no longer allowed to enter personal circumstances obviously or violently. The police force in China also differ in their approach. In some areas, "massage parlors" on main streets are known as brothels, but are generally not hindered except for the occasional raid.

The question of legalization

The illegal activities and the problems associated with prostitution show the benefits of legal recognition. Some international non-governmental and human rights organizations have criticized the government of the People's Republic of China for failing to comply with the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. The government did not recognize voluntary prostitution as a legitimate form of work. It punishes lower-tier prostitutes while exonerating men who buy sex. They also ignore the ongoing problems with government involvement.

Central guidelines of the Communist Party do not allow any public advocacy of legalizing prostitution. However, there are arguments for legalization in the People's Republic. Some commentators claim that legal recognition of the sex industry, coupled with further economic development, would ultimately reduce the number of women in prostitution. Local commentators are also very critical of government controls on prostitution and, from a Marxist point of view, complain about gender discrimination and the abuse of human rights. Some commentators in China and overseas see the ban on prostitution as a problem because it would hamper action against the spread of HIV .

While controls on prostitution have been relaxed at the local level, there are no central government moves towards legalization. There is hardly any public support for this. Given China's underdeveloped economy and legal system, legalization is believed to complicate the difficult task of legally punishing third party participation in violent prostitution and trafficking in women. Studies conducted in China suggest that clandestine forms of prostitution would continue to exist in parallel with the establishment of legal prostitution businesses because of the social sanctions against work or support in a red light district . Problems with employing women also limit the effectiveness of legalization. These include the lack of independent trade unions and limited individual access to civil compensation related to labor protection .

Prostitution in the media

With the spread of prostitution, many slang expressions have found their way into the general vocabulary. Prostitution is a popular topic in the media, especially on the internet. News of police raids, legal proceedings or family tragedies related to prostitution are published in the form of sensational reports. A good example is the news of an orgy with 400 Japanese and 500 Chinese prostitutes in 2003, which was widely publicized and received a great deal of attention, partly because of anti-Japanese sentiment. In another spectacular event Alex Ho Wai-to, the candidate of the Democratic Party for was the Legislative Council of Hong Kong , was sentenced to a six-month work fine after he hired a prostitute.

Prostitution has become an issue in the arts in recent years, especially in Chinese cinema . The film Blush by Li Shaohong of 1995 begins in 1949 with the arrest of prostitutes in Shanghai for rehabilitation and then tells the story of a love triangle between two prostitutes and one of her former clients. The prostitute Xiao'e tries to hang herself during rehabilitation. The reason she gives is that she was born in a brothel and enjoyed life there, which challenges the government's perspective. The minimalist, hermetic and literally private Hai shang hua by Hou Hsiao-Hsien from 1998 goes back to the novel The Sing-Song Girls of Shanghai (1892) by Han Bangqing , and also takes place around 1880. The film Xiu Xiu: The Sent Down Girl from 1998 is a dramatic portrait of the “invisible” prostitution in rural China during the Maoist era. The 2001 independent film Seafood by Zhu Wen was an even more open portrayal of prostitution, this time about the complicated relationship between prostitution and stricter legislation. A prostitute from Beijing wants in a seaside suicide commit. A police officer prevents this and tries to redeem her, but he also affords several sexual assaults. Both films were critically acclaimed abroad, but had only moderate success in the People's Republic of China, which was not only due to government restrictions. The representation of prostitution in fictional literature was somewhat more successful. The best-known author on this subject is the young writer Jiu Dan , who caused extreme controversy with the portrait of Chinese prostitutes in Singapore in her novel Wuya .

There have been regular reports of female prostitutes in the western media since the late 1980s, often pointing out that the Chinese have rejected Maoist puritanist morality and instead welcomed sexual liberation and individual freedom. More recently, commentators have tended to raise concerns about prostitution. They criticize the Communist Party either because it cannot guarantee women social and economic equality or because it continues to condemn prostitution overly critically for moral reasons, thereby exposing the prostitute to additional legal harassment.

See also

literature

  • 艾滋病 ： 社会 、 伦理 和 法律 问题 专家 研讨会 ( Report of the Expert Workshop on HIV and Prostitution: Social, Ethical and Legal Issues ) Beijing, Chinese Academy of Social Sciences. 29.-31. October 1996.
  • VE Gil, AF Anderson: State-sanctioned aggression and the control of prostitution in the People's Republic of China: a review. In: Aggression and Violent Behavior. 1998. Volume 3, pp. 129-142.
  • Gail Hershatter: Dangerous Pleasures: Prostitution and Modernity in Twentieth-Century Shanghai . University of California Press, Berkeley 1999.
  • E. Jeffreys: China, Sex and Prostitution. Routledge, London 2004.
  • F. Ruan: Sex in China: Studies in Sexology in Chinese Culture. Plenum Press, New York 1991.
  • Shan Guangnai: 中国 娼妓 过去 和 现在 ( Chinese Prostitution - Past and Present ). Falü chubanshe, Beijing 1995.

Web links

Commons : Prostitution in China  - Collection of Pictures, Videos and Audio Files

swell

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    Jiang Pei: 天津 娼 业 改造 问题 述 论 (1949-1957 Discussion of questions in relation to reform of the prostitution industry in Tianjin )
  4. ^ Information Office of the State Council of the People's Republic of China: Historic Liberation of Chinese Women
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    Shan Guangnai: 中国 娼妓 过去 和 现在 ( Chinese Prostitution - Past and Present ). Falü chubanshe, Peking 1995, p. 3.
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    Chinese tycoon convicted of running prostitution, gambling ring sentenced to death . January 24, 2005.
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