{"title":"风险、政治安全和法外处罚","authors":"Enshen Li","doi":"10.1177/13624806231189266","DOIUrl":null,"url":null,"abstract":"In authoritarian regimes, risk tends to be politically positioned to reflect the ruling party's interests, needs and priorities. In this article, I focus on the People's Republic of China (China) as a case study to isolate the issue of risk, and more specifically, analyse why risk is framed as a political tenet, what becomes the evidence of such risk, and how it relates to the country's legal approach to maintaining political stability in the Xi Jinping era. This article critically scrutinizes the latest political dynamics and police practices to argue that China has formulated an extra-judicial penal jurisprudence through what I call ‘forward-leaning’ policing (前倾式警务) against those who are perceived to present a threat of political harm. By using data on 2226 cyber-dissident cases during 2014–2021, my analysis points to this ‘warrior style’ policing being an intensified application of coercive police actions, which is heavily weighted towards incarceration as the main approach to addressing political dissent, especially through administrative detention. In doing so, the judicial process that traditionally determines conviction and sentencing is either circumvented or reduced to symbolic significance.","PeriodicalId":47813,"journal":{"name":"Theoretical Criminology","volume":"27 1","pages":"638 - 659"},"PeriodicalIF":1.9000,"publicationDate":"2023-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Risk, political security and extra-judicial penality under Xi\",\"authors\":\"Enshen Li\",\"doi\":\"10.1177/13624806231189266\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In authoritarian regimes, risk tends to be politically positioned to reflect the ruling party's interests, needs and priorities. In this article, I focus on the People's Republic of China (China) as a case study to isolate the issue of risk, and more specifically, analyse why risk is framed as a political tenet, what becomes the evidence of such risk, and how it relates to the country's legal approach to maintaining political stability in the Xi Jinping era. This article critically scrutinizes the latest political dynamics and police practices to argue that China has formulated an extra-judicial penal jurisprudence through what I call ‘forward-leaning’ policing (前倾式警务) against those who are perceived to present a threat of political harm. By using data on 2226 cyber-dissident cases during 2014–2021, my analysis points to this ‘warrior style’ policing being an intensified application of coercive police actions, which is heavily weighted towards incarceration as the main approach to addressing political dissent, especially through administrative detention. In doing so, the judicial process that traditionally determines conviction and sentencing is either circumvented or reduced to symbolic significance.\",\"PeriodicalId\":47813,\"journal\":{\"name\":\"Theoretical Criminology\",\"volume\":\"27 1\",\"pages\":\"638 - 659\"},\"PeriodicalIF\":1.9000,\"publicationDate\":\"2023-08-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Theoretical Criminology\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1177/13624806231189266\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theoretical Criminology","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1177/13624806231189266","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
Risk, political security and extra-judicial penality under Xi
In authoritarian regimes, risk tends to be politically positioned to reflect the ruling party's interests, needs and priorities. In this article, I focus on the People's Republic of China (China) as a case study to isolate the issue of risk, and more specifically, analyse why risk is framed as a political tenet, what becomes the evidence of such risk, and how it relates to the country's legal approach to maintaining political stability in the Xi Jinping era. This article critically scrutinizes the latest political dynamics and police practices to argue that China has formulated an extra-judicial penal jurisprudence through what I call ‘forward-leaning’ policing (前倾式警务) against those who are perceived to present a threat of political harm. By using data on 2226 cyber-dissident cases during 2014–2021, my analysis points to this ‘warrior style’ policing being an intensified application of coercive police actions, which is heavily weighted towards incarceration as the main approach to addressing political dissent, especially through administrative detention. In doing so, the judicial process that traditionally determines conviction and sentencing is either circumvented or reduced to symbolic significance.
期刊介绍:
Consistently ranked in the top 12 of its category in the Thomson Scientific Journal Citation Reports, Theoretical Criminology is a major interdisciplinary, international, peer reviewed journal for the advancement of the theoretical aspects of criminological knowledge. Theoretical Criminology is concerned with theories, concepts, narratives and myths of crime, criminal behaviour, social deviance, criminal law, morality, justice, social regulation and governance. The journal is committed to renewing general theoretical debate, exploring the interrelation of theory and data in empirical research and advancing the links between criminological analysis and general social, political and cultural theory.