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中国当局计划将“伤害中华民族感情”的行为列入治安拘留范围，在互联网上引发争议。 正在修订的《治安管理处罚法》草案已经过该国立法机关全国人大常委会一次审议，正在征求公众意见。 根据公开发布的草案，第34条规定：“在公共场所或者强制他人在公共场所穿着、佩戴有损中华民族精神、伤害 中华民族感情的服饰、标志的”，可以最多被处以15日拘留，并处5000元人民币（685美元）罚款。 “制作、传播、宣扬、散布有损中华民族精神、伤害中华民族感情的物品或者言论”，也同样可能遭到拘留或罚款 处罚。 然而，修订草案并未对何谓“有损中华民族精神”做出具体定义，这导致很多法律人士和网民质疑其可能演变成新 的“口袋罪”。 清华大学刑法学教授劳东燕认为，由于该法律处罚标准模糊，“势必导致行政权力的选择性执法”，而国家权力直 接干预公民个人的日常穿着领域，“明显有过度干预之嫌”。 “这样的立法规定可能会刺激民粹主义或极端民族主义情绪的肆意蔓延，进一步恶化公共领域的舆论环境，不当压 制个人在日常穿衣与言论的自由空间。”她在微博上写道。 华东政法大学宪法学教授童之伟也对该法律持批评态度，他表示“中华民族精神”由谁和按什么程序确认，是“几 乎无法循法治原则操作”的问题。 “若全国人大常委会按现在的草案通过该条，执法司法上必造成循长官意志抓人、定罪的实际后果，会贻害无穷。 ”他在社交媒体上写道。 2022年8月，一名中国女子身穿和服在东部城市苏州的日式风情街拍照，被警方以涉嫌寻衅滋事为由带走，质 疑其穿和服是“煽动民族仇恨”。当时该事件引发轩然大波。 不过，也有一些人对该修订表示支持，认为这些条文有助于打击“为军国主义罪行洗地”的行为，有利于弘扬爱国 情感。 最早于2005年颁布的《治安管理处罚法》规定如何处罚不构成犯罪的轻微违法行为，前身是1987年实施的 《治安管理处罚条例》。中国媒体报道称，此次修订是该法实施17年来的一次大修。 除了上述引发争议的条款，修订草案还新增了数种可以处罚的行为，包括考试作弊、组织领导传销、以抢夺方向盘 等方式妨碍公共交通工具驾驶、升放携带明火的孔明灯、无人机在未获许可情况下飞行等。
Translated from Chinese by
Chinese authorities' plan to include acts that "hurt the feelings of the Chinese nation" within the scope of public security detention has sparked controversy on the Internet.
The draft of the Law on Public Security Administration Punishments, which is being revised, has been reviewed by the Standing Committee of the National People's Congress, the country's legislature, and is seeking public comments.
According to the publicly released draft, Article 34 stipulates: "Whoever wears or wears in public places or compels others to wear or wear clothing or symbols that are detrimental to the spirit of the Chinese nation or hurt the feelings of the Chinese nation" can be detained for up to 15 days, and A fine of 5,000 yuan ($685) will be imposed.
"Producing, disseminating, publicizing, and distributing articles or speeches that damage the spirit of the Chinese nation and hurt the feelings of the Chinese nation" may also be detained or fined.
However, the revised draft does not provide a specific definition of what is meant by "harming the spirit of the Chinese nation", which has led many legal professionals and netizens to question whether it may evolve into a new "pocket crime".
Lao Dongyan, a professor of criminal law at Tsinghua University, believes that due to the vague punishment standards of the law, "it will inevitably lead to the selective enforcement of administrative power", and the direct interference of state power in the field of daily wear of citizens is "obviously suspected of excessive interference."
"Such legislative provisions may stimulate the wanton spread of populist or extreme nationalist sentiments, further deteriorate the public opinion environment in the public sphere, and unduly suppress the freedom of individuals to dress and speak in their daily lives," she wrote on Weibo.
Tong Zhiwei, a professor of constitutional law at East China University of Political Science and Law, is also critical of the law. He said who and what procedures will be used to confirm the "Chinese national spirit" are "almost impossible to operate according to the principle of the rule of law". "If the Standing Committee of the National People's Congress adopts this article according to the current draft, law enforcement and justice will definitely result in the actual consequences of arresting and convicting people according to the will of the chief, which will cause endless harm." He wrote on social media.
In August 2022, a Chinese woman wearing a kimono and taking pictures on a Japanese-style street in the eastern city of Suzhou was taken away by the police on suspicion of provoking quarrels, and questioned that wearing a kimono was "inciting ethnic hatred." The incident caused an uproar at the time.
However, some people expressed their support for the amendment, believing that these provisions would help combat the act of "laundering the ground for militaristic crimes" and be conducive to promoting patriotic sentiments.
The "Public Security Management Punishment Law", which was first promulgated in 2005, stipulates how to punish minor violations that do not constitute crimes. Its predecessor was the "Public Security Management Punishment Regulations" implemented in 1987. Chinese media reported that the revision was a major overhaul of the law's 17-year existence. In addition to the above-mentioned controversial clauses, the revised draft also adds several new behaviors that can be punished, including cheating in exams, organizing pyramid schemes for leaders, obstructing the driving of public transportation by taking the steering wheel, raising Kongming lanterns with open flames, and drones flying in the sky. Flying without permission, etc.