Inciting subversion of the state Inciting subversion of the state () was announced in a 1997 amendment of the Criminal Code of the People's Republic of China. According to Article 105, Paragraph 2, "Anyone who uses rumor, slander or other means to encourage subversion of the political power of the State or to overthrow the socialist system, shall be sentenced to fixed-term imprisonment of not more than five years. However, the ringleaders and anyone whose crime is monstrous shall be sentenced to fixed-term imprisonment of not less than five years." The charge of inciting subversion has been leveled against a number of dissidents,
Weiquan lawyers, and political reformers. Rights activists, along with international human rights organizations, have argued that article 105 is inconsistent both with China's own constitution and with international human rights standards, particularly in light of the lack of transparency and clear guidelines used in applying the laws. According to the
United Nations "Working Group on Arbitrary Detention", the vague and broadly defined wording of the legislation allowed the communication of thoughts and ideas to be regarded as "subversion", even without intentions to commit criminal acts.
Accused Among the most prominent Chinese citizens to have been charged with inciting subversion are: •
Gao Zhisheng, sentenced in December 2006 of 3 years of imprisonment, 1 year deprivation of political rights. •
Guo Quan, arrested in Nanjing on 13 November 2008. He was sentenced to 10 years imprisonment in October 2009. •
Hu Jia, sentenced in April 2008 of 3 and half years of imprisonment. •
Huang Qi, was sentenced in February 2003 to 5 years of imprisonment, with 1 year deprivation of political rights. He was sentenced to three years imprisonment in November 2009 for "illegal procession of state secrets" •
Liu Xiaobo, arrested in 2008 due to the publication of
Charter 08. He was sentenced to 11 years imprisonment and 2 years deprivation of political rights in December 2009. Liu had three previous convictions beginning in 1989. •
Ruan Xiaohuan, was sentenced in February 2023 to 7 years in prison, with 1 year deprivation of political rights. •
Tan Zuoren, was sentenced to 5 years in prison for "inciting subversion of state power" in February 2010 •
Wang Xiaoning, arrested for publishing controversial material online. In September 2003, Wang was convicted of charges of "inciting the overthrow of the state" and sentenced to ten years in prison. •
Yang Chunlin, sentenced in February 2008 to 5 years of imprisonment, with 2 year deprivation of political rights.
Inciting separatism and sabotaging national unity Inciting separatism and sabotaging national unity () are offences typically used to prosecute members of separatist movements, such as the
Tibetan independence movement and
East Turkestan independence movement.
Accused • The
14th Dalai Lama, Tenzin Gyatso
Stealing state secrets Stealing state secrets () is the crime of stealing state secrets and giving them to foreigners. •
Shi Tao, sentenced in 2005 to 10 years imprisonment, and 2 year deprivation of political rights, on the charge of leaking state secrets to foreigners. •
Song Yongyi, researcher on the
Cultural Revolution, was arrested and jailed in December 1999, and was released after the intervention of the US government.
Espionage Espionage, or being a foreign spy, carries a long jail term and possible death penalty. •
Ching Cheong, senior journalist with
The Straits Times, was imprisoned in April 2005 on allegations that he engaged in espionage by selling state secrets to
Taiwan. He was released in February 2008 following outcry from
Hong Kong politicians and journalists. •
Rebiya Kadeer, convicted in March 2000 of "leaking state secrets to foreigners" and "endangering state security". She spent 2 years in solitary confinement, and was released in March 2005 . •
Wei Jingsheng, sentenced to 15 years imprisonment in November 1979 for allegedly selling military secrets to a British correspondent. He was again arrested in April 1994 for "Inciting subversion of the state", until his release in November 1997. ==See also==