Kidnapping in China

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Kidnapping in China has its history since the ancient times. Such issues have been heavily studied and discussed by investigators and researchers.

Contents

Since at least the 1980s, kidnapping has become a bigger issue than ever before in the country. [1] Since the 1990s, tougher laws against kidnapping have been established. Chinese authorities have also investigated in this regard.

History

Ancient Chinese texts indicate the ransoming of hostages during the Xia dynasty (2070 BC – 1600 BC). They referred to the taking of princes and family members as hostages across the multiple dynastic periods as warrantors of negotiated treaties. [2]

There have been a number of historical incidents of kidnapping in China. In 1523, when two Japanese rival delegations had arrived in Ningbo, they had looted and kidnapped Chinese civil servants. Due to such an incident, the official relations with Japan were not restored until 1539. [3]

During the Second Opium War, when an estimated 18,000 British and French Soldiers had returned to the coastal forts, the Chinese response included the kidnapping of 38 Anglo-French negotiating party members, of whom 26 of them died in captivity. [4]

During World War II, thousands of Chinese were kidnapped by the Japanese and sent to Japan to work as forced laborers. Many Chinese were forced to work in deadly conditions at coal mines in Kyushu and Honshu. [5] [6] [7] [8] [9] [10]

In 2015, the Chinese government launched the QGDGXQ database, a system for identifying and reuniting freed children. [11]

As of 2018, the Chinese government had notoriously kidnapped and imprisoned prominent businessmen, including Yang Zhihui, Wu Xiaohui, and Guo Guangchang. This is part of the crackdown on "market manipulation", yet critics condemn the actions of the Chinese government, stating that they are breaking UN human rights regulations and censoring freedom of speech in China. [12]

Studies

During the 19th century, Johannes Von Gumpach had described the issue of kidnapping as "One of the most common crimes in China." [13] According to Francis Dunlap Gamewell, kidnapping was a common crime in Shanghai. He noted that kidnappers were mostly female. [14]

Carl Crow, who traveled to China during the wars, had described the prevalence of kidnapping in China as a "well-organized business in China carried out with a large degree of success". [15]

Prevalence

Kidnapping has become a growing business in China. Steve Vickers of Kroll Associates has reportedly noted that some common scenarios of kidnapping in China include kidnapping for ransom and kidnapping of a foreigner (commonly in Hong Kong or Macau). [16]

Child abductions

As of 2013, an estimated 70,000 children were kidnapped in China every year, [1] [17] [18] although the Chinese government reported fewer than 10,000 kidnappings. According to the United States Department of State, estimates are closer to 20,000. [1]

Some children are reported to have been sold into adoption overseas. The adoption agencies of China receive considerable donations from foreign parents when they adopt, sometimes as much as $5,000. Such agencies have been known to purchase children from human traffickers, although such cases are usually rare. [1]

Kidnapping of foreign businessmen

In Guangdong, during the year 1994, "economic crimes" topped the list of criminal cases and about 46 debt-related hostage cases were acknowledged and investigated by the authorities. The chief procurator, Wang Jun had noted that at least 171 hostages involved in debt-related incidents had been freed by the authorities of Guangdong. [19]

Crackdown

From the period of 1991 to 1996, Chinese police freed an estimated 88,000 kidnapped women and children. During this period, about 143,000 kidnappers were arrested. [20]

In 2011, Chinese police asserted that they had rescued over 13,000 children and 23,000 women in the last two years. Government officials had noted that they would impose harsher punishments on those who purchase kidnapped children. [21]

In September 2013, Chinese security forces had rescued 92 children, and arrested 301 suspected kidnappers. [21]

According to a report from October 2013, Beijing has tried to combat kidnappings. According to Xinhua news agency, since 2009, police had rescued over 54,000 children and eliminated 11,000 traffickers. [18]

Law

Kidnapping is illegal in China under the following articles of the Criminal Law:

Article 238 Whoever unlawfully detains another person or unlawfully deprives the personal freedom of another person by any other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. If he resorts to battery or humiliation, he shall be given a heavier punishment.

Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to the victim shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; if he causes death to the victim, he shall be sentenced to fixed-term imprisonment of not less than 10 years. If he causes injury, disability or death to the victim by violence, he shall be convicted and punished in accordance with the provisions of Article 234 or 232 of this Law.

Whoever unlawfully detains or confines another person in order to get payment of a debt shall be punished in accordance with the provisions of the preceding two paragraphs.

Where a functionary of a State organ commits any of the crimes mentioned in the preceding three paragraphs by taking advantage of his functions and powers, he shall be given a heavier punishment in accordance with the provisions in the preceding three paragraphs correspondingly.

Article 239 Whoever kidnaps another person for the purpose of extorting money or property or kidnaps another person as a hostage shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and also to a fine or confiscation of property; if he causes death to the kidnapped person or kills the kidnapped person, he shall be sentenced to death and also to confiscation of property.

Whoever steals a baby or an infant for the purpose of extorting money or property shall be punished in accordance with the provisions of the preceding paragraph. [22]

In 1991, the Standing Committee of the National People's Congress addressed the need to act against kidnapping for sale of women and children, kidnapping for blackmailing, purchase of abducted women and children, as well as the abuse of office to inhibit the rescue of kidnapped women and children. [23]

Such concerns led to the familiarization of a criminal law. Per Article 141, penalties for the abduction, purchase, sale, and trafficking of women and children were put in place. Later, in 1997, the penalties were increased to the present terms. [23] [24]

Kidnapping by the government

Kidnapping by the government, known as the enforced disappearances, have increased under CCP general secretary Xi Jinping's rule since 2013. New laws grant the police unrestricted power to hold detainees secretly for indefinite periods. [25] [26] [27]

See also

Related Research Articles

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Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor.

<span class="mw-page-title-main">Hostage</span> Person seized by abductor to compel action by another party

A hostage is a person seized by an abductor in order to compel another party, one which places a high value on the liberty, well-being and safety of the person seized—such as a relative, employer, law enforcement, or government—to act, or refrain from acting, in a certain way, often under threat of serious physical harm or death to the hostage(s) after expiration of an ultimatum. The Encyclopædia Britannica Eleventh Edition defines a hostage as "a person who is handed over by one of two belligerent parties to the other or seized as security for the carrying out of an agreement, or as a preventive measure against certain acts of war."

<span class="mw-page-title-main">Kidnapping</span> Unlawful abduction of someone and holding them captive

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<span class="mw-page-title-main">Enforced disappearance</span> Unlawful secret disappearance

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<span class="mw-page-title-main">Federal Kidnapping Act</span> United States federal criminal law prohibitting kidnapping

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References

  1. 1 2 3 4 Rothkopf, David. "China's Missing Children". Foreignpolicy.com. Retrieved 2014-04-12.
  2. ↑ Wright, Richard P. (2009). Kidnap for Ransom: Resolving the Unthinkable . CRC Press. p.  3.
  3. ↑ Gipouloux, François (2011). The Asian Mediterranean: Port Cities and Trading Networks in China, Japan and South Asia, 13th-21st Century. Edward Elgar Publishing. p. 90.
  4. ↑ Lovell, Julia (2007). The Great Wall: China Against the World, 1000 BC - Ad 2000. Grove Press. pp. 283–284.
  5. ↑ 李齐. "Slave laborers: Japan, businesses owe us". www.chinadaily.com.cn. Retrieved 2020-08-05.
  6. ↑ Onishi, Norimitsu (2006-11-15). "Wartime Chinese Laborers Sue Japan". The New York Times. ISSN   0362-4331 . Retrieved 2020-08-05.
  7. ↑ "Rites held to honor A-bombed Chinese prisoners". The Japan Times. 2013-07-07. Retrieved 2020-04-27.
  8. ↑ "Mitsubishi in deal with forced labourers". BBC News. 2016-06-01. Retrieved 2020-08-05.
  9. ↑ "Chinese Laborers Win Suit in Japan". www.china.org.cn. Retrieved 2020-08-05.
  10. ↑ "Osaka court dismisses WWII forced labor damages suit by Chinese nationals". Mainichi Daily News. 2019-01-29. Retrieved 2020-08-05.
  11. ↑ "National database opens to bring abducted children home". China Daily. 21 September 2015.
  12. ↑ "Casino firm's stock tanks as chairman goes missing | CNNMoney". edition.cnn.com. 2018-08-24. Retrieved 2018-08-24.
  13. ↑ Gumpach, Johannes Von (1872). The Burlingame Mission: A Political Disclosure, Supported by Official Documents, Mostly Unpublished. To which are Added: Various Papers and Discourses on the Claim of the Emperor of China to Universal Supremacy; the True Nature of Actual Diplomatic Relations Between China and Western Powers; the Position and Influence in China of Robert Hart, Esq., as Confidential Adviser of the Tsung-li Yamen; the Hart-Alcock Convention; the Dispersion of the Lay-Osborn Flotilla; the "New Chinese University"; the Policy of the United States in China; the New China Policy of England; the Western Policy, and the Diplomacy of the Chinese Government; the Massacre of Tien-tsin; the Chung-'ho Mission; the Audience Question; and the Coming War. p.  453.
  14. ↑ Hershatter, Gail (1997). Dangerous Pleasures: Prostitution and Modernity in Twentieth-century Shanghai . University of California Press. p.  466.
  15. ↑ Paul French (2006). Carl Crow - A Tough Old China Hand: The Life, Times, and Adventures of an American in Shanghai. Hong Kong University Press. p. 118.
  16. ↑ John E. Dixon; David Newman. Entering the Chinese Market: The Risks and Discounted Rewards. Greenwood. p. 90.
  17. ↑ "The heartbreak of child abduction|Across America|chinadaily.com.cn". Usa.chinadaily.com.cn. 2013-08-23. Archived from the original on 2013-08-27. Retrieved 2014-05-22.
  18. 1 2 "For sale: Chinese babies and children". GlobalPost. 2013-10-03. Retrieved 2014-04-12.
  19. ↑ John E. Dixon; David Newman. Entering the Chinese Market: The Risks and Discounted Rewards. Greenwood. p. 91.
  20. ↑ Tiefenbrun, Susan. Decoding International Law: Semiotics and the Humanities. Oxford University. pp. 386–387.
  21. 1 2 "China rescues 92 children in crackdown on kidnapping ring | Al Jazeera America". America.aljazeera.com. 2013-09-28. Retrieved 2014-05-22.
  22. ↑ "Criminal Law of the People's Republic of China". National People's Congress . Retrieved 2024-10-03.
  23. 1 2 Vitit Muntarbhorn, The Nation. Bangkok; Section: Editorial Date: 1/7/98
  24. ↑ "China - Government Plans - Government of China's Plan of Action To Prevent, Protect, Prosecute and Reintegrate". humantrafficking.org. Archived from the original on 2014-08-12.
  25. ↑ "China: End Enforced Disappearances & Provide Redress to Victims | Chinese Human Rights Defenders". Archived from the original on 24 July 2023. Retrieved 2023-07-24.
  26. ↑ Pils, Eva (2013-02-28), "'Disappearing' China's human rights lawyers", Comparative Perspectives on Criminal Justice in China, Edward Elgar Publishing, pp. 411–438, ISBN   978-1-78195-586-4 , retrieved 2024-03-25
  27. ↑ Quindoza, Rosa Bella M. (2008). "At the Heart of Tiananmen: Involuntary Disappearance in the People's Republic of China". Reclaiming Stolen Lives. Asian Federation Against Involuntary Disappearances. ISBN   978-971-92451-1-7.
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