China’s proposed law aimed at prohibiting speech and attire deemed “detrimental to the spirit of Chinese people” has ignited a spirited debate within the country.
If this legislation is enacted, individuals found guilty of violating it could face fines or imprisonment.
However, the proposed law does not currently define what constitutes a violation, leading to concerns about potential excessive enforcement.
This contentious draft law is part of a series of proposed changes to China’s public security laws, marking the first significant reforms in decades.
The law, focusing on clothing and expression, has quickly garnered public attention, with many online voices labeling it as excessive and absurd.
The controversial provisions of the draft suggest that individuals wearing clothing or symbols that “undermine the spirit or hurt the feelings of the Chinese nation” could face detention for up to 15 days and fines of up to 5,000 yuan ($680; £550).
Additionally, those who create or disseminate content deemed in violation of the law could face similar penalties.
Beyond clothing, the proposed legal changes also target actions such as “insulting, slandering, or otherwise infringing upon the names of local heroes and martyrs,” as well as vandalizing their memorial statues.
Critics online have raised concerns about how law enforcement authorities could subjectively determine when the nation’s “feelings” are hurt.
This lack of clarity has led to questions about whether wearing Western attire, like a suit and tie, or the presence of Western-originated ideologies like Marxism in China, could also be deemed as offending national sentiments.
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Legal experts within China have criticized the draft law’s vague wording, warning that it might be open to abuse. Zhao Hong, a law professor at the Chinese University of Political Science and Law, expressed concerns about the potential infringement of personal rights.
She cited a case from last year in Suzhou, where a woman wearing a kimono was detained and accused of “picking quarrels and provoking trouble,” sparking outrage on social media.
Other instances of crackdowns include the detention of a woman wearing a replica of a Japanese military uniform at a night market and the denial of entry to a concert for people wearing rainbow-print clothing.
This draft law exemplifies Chinese President Xi Jinping’s efforts to redefine the characteristics of a model Chinese citizen since assuming leadership in 2012.
In 2019, the Chinese Communist Party issued “morality guidelines,” which included directives related to politeness, reducing carbon footprints, and having “faith” in President Xi and the party.
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