Internal Migration, Crime, and Punishment in Contemporary China

An inquiry into rural migrant offenders

Internal Migration, Crime, and Punishment in Contemporary China

An inquiry into rural migrant offenders

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This work investigates inequality and social exclusion in contemporary Chinese society, specifically in the context of urbanization, migration and crime. Economic reforms started in the late 1970s (post-Mao) fuelled a trend of urbanization and mass migration within China, largely from rural areas to more economically developed urban regions. With this migration, came new challenges in a rapidly changing society. Researchers have extensively studied the rural-to-urban human movement, social changes, inequality and its impact on individuals and society as a whole.

This volume provides a new perspective on this issue. It forges a link between internal migration, inequality, social exclusion and crime in the context of China, through qualitative research into the impact of this phenomenon on individuals' lives. Using a series of case studies drawn from interviews with inmates - men and women - in a large Chinese prison, it focuses on migrant offenders' subjective experiences, and analyses issues from the rarely-heard perspectives of migrant lawbreakers themselves. The research demonstrates how factors - including: the hukou system, rural-urban, class and gender inequalities, prejudices against rural migrants, and other structural problems - often lead to migrant offending.

The author argues that to mitigate the effects of criminalisation, the root causes of these problems should be examined, emphasizing radical reforms to the hukou policy, cultural change in urban society to welcome newcomers, positive programs to integrate migrant workers into urban societies and improve their opportunities, rather than inflicting harsher penalties or reducing migration. While the research is based in China, it has clear implications for other regions of the world, which are experiencing similar tensions related to national and international migration.

This work will be of interest to researchers in criminology and criminal justice, particularly with an interest in Asia, as well as those in related fields such as sociology, law and social justice.



Anqi Shen is Professor of Law at Northumbria Law School, Northumbria University Newcastle, United Kingdom. Her research focus is in the areas of sentencing, judicial culture, policing, organised crime, youth, gender, crime and justice, the legal profession, and migration and crime. She is author of Offending Women in Contemporary China: Gender and pathways into crime (Palgrave, 2015) and of Women Judges in Contemporary China: Gender, judging and living (Palgrave, 2017), and co-author of Fake Goods, Real Money: The counterfeiting business and its financial management (Policy Press, 2018).

1;Acknowledgements;6 2;Contents;8 3;List of Charts and Tables;11 4;About the Author;12 5;Chapter 1: Introduction;13 5.1;Contextual Background of the Study;13 5.2;Aims of the Study and Methodology;17 5.2.1;Research Method and Data;18 5.2.2;Limitations of the Research;19 5.3;Contents and the Organisation of the Book;20 5.4;References;22 6;Chapter 2: Social Identity of Migrant Offenders;26 6.1;Introduction;26 6.2;Hukou, the Rural-Urban Divide, Inequality and Social Exclusion;27 6.3;Socio-demographic Profile of Rural Migrant Offenders;29 6.4;Migrant Offenders' Account of 'Push' and 'Pull' Factors to Rural-to-Urban Migration;33 6.4.1;Major Push Factors;34 6.4.2;The Pull Factors;35 6.5;Rural Migrant Offenders' Life Conditions in the City;36 6.5.1;Social Biases, Prejudices and Discrimination;36 6.5.2;Living as Rural Migrants in the City;38 6.5.3;Working and Making Money in the City;39 6.5.4;Self-Reflection of Rural Migrant Offenders: 'We lost already at the starting line';42 6.6;Conclusion;44 6.7;References;45 7;Chapter 3: Criminal Acting of Rural Migrants;49 7.1;Introduction;49 7.2;Crimes Involving Rural Migrants: The Empirical Data;50 7.3;Migrant 'Gangsters': Rural Migrants' Involvement in Gangs;53 7.3.1;Definitional Issue of Gangs and 'the Gang' in the Context of Migrant Offending in China;53 7.3.2;Profile of Migrant Gangsters;54 7.3.3;Gang Life of Rural Migrant Youths;56 7.3.3.1;Money-Making Activities of Migrant Gangs;57 7.3.3.2;Violence and Risk-Taking;58 7.3.3.3;Identity of Migrant Gangs and the Relationships in the Gang Setting;59 7.3.4;Rural Migrants' Account of Gang Participation;61 7.4;Rural Migrants Who Are Drug Offenders;63 7.4.1;Drug Law in China, the Harm Principle and the Notion of Social Supply of Drugs;64 7.4.2;Drug Use and Drug-Related Offences Involving Rural Migrant Workers;67 7.4.2.1;Drug Use and 'Providing Shelter to Others for Drug Taking';69 7.4.2.2;Drug Dealing;71 7.5;Rural Migrants Who Engage in Fraud;73 7.5.1;The Concept of Fraud;74 7.5.2;Definition of Fraud and Fraud Law in China;75 7.5.3;Profile of 'Migrant Fraudsters';77 7.5.4;The Nature of Frauds Involving Rural Migrant Offenders;79 7.5.4.1;The Criminal Firms Engaging in Fraud;80 7.5.4.2;Partnerships in Fraud;81 7.5.5;Motivations of Rural Migrants for Participation in Fraud;83 7.5.6;Self-Reflection of Migrant Fraudsters;85 7.6;Conclusion;86 7.7;References;87 8;Chapter 4: Female Rural Migrants and Criminality;94 8.1;Introduction;94 8.2;Migrant Women Who Are Lawbreakers in Urban China;96 8.3;Case Study 1: Rural Migrant Women Who Participate in Illegal Pyramid Selling;100 8.3.1;The Nature of Pyramid Schemes and Chinese Law Concerning Illegal Pyramid Selling;100 8.3.2;Rural Migrant Women's Paths to Illegal Pyramid Selling and Their Motives;102 8.3.3;Women's Role in the Illicit Business;104 8.3.4;Gains and Losses of Migrant Women in Illegal Pyramid Selling;105 8.4;Case Study 2: Migrant Women Who Are Involved in Sex Work-Related Offences;106 8.4.1;Gendered Conditions of Rural Migrant Women Who Are Perpetrators in the Sex Trade;107 8.4.2;Rural Migrant Women's Entry into the Illicit Trade and the Roles They Play;109 8.5;Discussion and Conclusion;111 8.6;References;114 9;Chapter 5: Punishing Rural Migrant Offenders;118 9.1;Introduction;118 9.2;Rural Migrant Offenders' Perception of Interpersonal Treatment in Criminal Justice;119 9.2.1;The Police: Investigators and Custody Officers;121 9.2.2;The Procuratorate and the Courts;123 9.3;Legal Representation for Rural Migrant Offenders;125 9.4;Law and Law in Action that May Discriminate Rural Migrants in Criminal Justice;129 9.5;Conclusion;135 9.6;References;136 10;Chapter 6: Conclusion;140 10.1;Highlights of the Book's Findings;141 10.2;Implications of the Study;145 10.3;References;147 11;Index;150
ISBN 9783030006747
Artikelnummer 9783030006747
Medientyp E-Book - PDF
Copyrightjahr 2018
Verlag Springer-Verlag
Umfang 155 Seiten
Sprache Englisch
Kopierschutz Digitales Wasserzeichen