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Li: China's anti-porn law outdated

(CRI)
Updated: 2006-11-28 20:54


Li Yinhe. [xmnext.com]

Prominent Chinese sociologist on sex issues Li Yinhe has sparked another debate by arguing that the life sentence given to the man who created China's largest pornographic website is unfair. She argued that the law against producing, selling and propagating obscene products should be overthrown.

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The Taiyuan Intermediate People's Court in north China sentenced Chen Hui on November 22 for creating Qingseliuyuetian, which translates roughly as "Pornographic Summer". They also ordered that 100,000 yuan, or 12,500 US dollars, be confiscated from him.

Sociologist Li Yinhe called China's anti-pornography law outdated in a blog entry on November 23, arguing that China is the only modern society in the world with such a law.

She also claimed the law conflicts with the national constitution, which entitles all Chinese citizens to freedom of speech and freedom of the press.

Li Yinhe also believes the law is unfairly discriminatory because it was drafted according to upper class values, with no consideration of the rest of society's need for pornography.

She finally said the law should be repealed because enforcement is so ineffective that only one out of every 100 people who breach the law is sentenced like Chen Hui.

An unidentified legal expert rebutted Li Yinhe's arguments in an article published on Xinmin net, a website affiliated with the Shanghai-based Xinmin Evening News. He said the sentence is legal and proper, and no sociologist's comments should interfere with the due legal process.

Two legal experts at Fudan University also weighed in on the debate, expressing strong disapproval of Li Yinhe's comments. They said Li Yinhe is ignorant of international anti-pornography laws, which do in fact exist in most countries.

Professor Ji said he discovered severe restrictions were imposed on pornographic activities while he was touring through some European countries and the US. Contrary to Li Yinhe's statements, he said the porn industry in China is more underground.

He also argued that laws should not be overturned just because they are not effectively enforced. He accused the sociologist of twisting social values by claiming the law was made to pander to the upper class.

Netizens had their say in an online poll of 2,180 people. It found almost 70 percent of respondents thought Chen Hui should receive a sentence, though they said life imprisonment is too extreme.

Chen Hui, 28 and his accomplices launched the "pornographic summer" website in 2004. The site contained more than nine million pornographic images and articles. It received more than 11 million clicks and had over 600,000 registered users in China before it was shut down on October 3rd, 2005.

Some people familiar with the case have predicted Chen Hui will appeal against the decision. He is entitled to launch an appeal until December 2.



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