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China undergoing a sexual revolution


While Chinese women today have increased freedom, there is still a long way to go before gender equality is realized. at a recent Brookings's John L. Thornton China Center forum on women's issues and gender inequality in China, people think China is in the midst of a rapid, if quiet, sexual revolution


China's first and leading sexologist, Li Yinhe, delivered a keynote address that emphasized that when it comes to sex, China is in the midst of an "era of important changes." Li explained that all sexual activities before marriage were illegal in China before 1997 because of a "hooliganism law," and a woman could be arrested for having sex with more than one man. Thus, premarital sex was forbidden. In surveys in 1989, only 15% of citizens reported having premarital sex—and "most of them were having sex with their permanent partners," Li said. That law was overturned in 1997, and recent surveys show that 71% of Chinese citizens admit to having sex before marriage. This is a dramatic change in a short period of time, and marks what Li asserts is a sexual revolution for Chinese citizens.


While some sex laws have adapted, others are far behind. Li highlighted some “outdated” sex laws in China that are still “on the book[s],” but that are no longer strictly obeyed by the Chinese people.


Li said the indicators are clear that the force of these laws is waning. There are fewer people being punished for these offenses and the punishments are becoming increasingly less severe. Her discussion stressed four areas where public opinion has changed drastically over the last few decades, but Chinese laws haven’t adapted:  


1. Pornography: Pornography isn't considered to be protected as it is in the U.S. In contrast, Chinese law strictly prohibits creating and selling porn. In the 1980s, porn publishers would be sentenced to death. Now the punishment is less severe—for example, a 24-year-old Beijing woman published seven “sex novels” online. Her viewership was 80,000 hits on her novels, but her punishment was only six months in criminal detention.

1. 色情制品:在中国,色情制品并不像在美国那样受到保护。恰恰相反,中国法律严格禁止制造、销售色情制品。在20世纪80年代,色情出版商会被判处死刑。现在的惩罚已经减轻了很多——例如,一位24岁的北京女子在网络出版了七部“色情小说”,点击量约8万次,但是她的惩罚不过是6个月的刑事拘留。

2. Prostitution: Prostitution is another activity affected by outdated laws in China, where any solicitation of sex is strictly illegal. In the early-1980s through late-1990s the punishment for facilitating prostitution was severe. In 1996, a bathhouse owner was sentenced to death for organizing prostitution. Now, prostitution is widely practiced and the most severe punishment for organized prostitution is that those managing sex workers are ordered to shut down their businesses.  

2. 卖淫:卖淫是另一项受到中国过时法律影响的活动。中国法律严格禁止卖淫。在20世纪80年代早期到20世纪90年代晚期,对卖淫业的处罚是很严厉的。1996年,一家洗浴中心的老板因组织卖淫而被判处死刑。现在,卖淫行为十分普遍。

3. Orgies and sex parties: Chinese law used to brutally punish swingers and individuals who planned sex parties. For example, in the early-1980s "the punishment for spousal swapping was death…[and] people would be sentenced to death for organizing sex parties," Li explained. But this is another area where the punishment for the law has now become less strict. In 2011 in Nanjing, an associate university professor organized a sex party with 72 people, and the "punishment for him was three and a half years in prison." Also, in 2014 in Shanghai, some citizens recently organized an online sex party, and their punishment was only three months of criminal detention. According to recent private surveys, "many people are [engaging] in sex parties or orgies." While in theory these are punishable by criminal law, "no one reports [them], so they do not get noticed," Li said. 

3. 性派对:中国法律曾严酷惩罚组织性派对的个人。例如,在20世纪80年代早期,“交换伴侣和组织性派对的人员会被判处死刑。”李银河解释说。但法律对此的惩罚现在也有所减轻。2011年,南京市一所大学的副教授组织了一场有72人的性派对,“而对他的惩罚是三年半有期徒刑。”2014年在上海举办网络性派对的相关人员所受处罚仅是刑事拘留三个月。李银河称,不久前的调查表明,“许多人都参与了性派对。”虽然理论上这一行为应受到法律制裁,“但没有人上报也就没有人注意。”李银河说。

4. Homosexuality and same-sex marriage: In regards to homosexuality, Li was quick to note that China's view of homosexuality is historically very different from Western views. For example, in some U.S. states, laws "criminalized or deemed homosexual activities illegal." But throughout China's history, there were not severe repercussions or the death penalty for homosexuality, and it "was never illegal." However, this is not the case for same-sex marriage. Li thinks it will be "hard to predict" when same-sex marriage might be legalized.

4. 同性恋和同性婚姻:李银河指出,中国对同性恋的态度与西方极为不同。例如,在美国一些州,法律“对同性恋行为定罪或视其为非法。”但纵观中国历史,人们没有对同性恋处以严酷的惩罚或死刑,同性恋在中国也“从未非法”。虽然如此,但是同性婚姻又是另外一回事。李银河认为,“很难预计”中国会在什么时候宣布同性婚姻合法。

So what does the future hold for these laws? Li explained that sex is a "hot topic" right now in Chinese public debate, and the "general consensus among legal scholars and sociologists is that these [outdated] laws need to be removed." Those who oppose removing these laws are "in the minority." While that may be true, she suggested it would be difficult to "form a timetable" when politicians might consider amending these laws.



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