Internal Migration, Crime, and Punishment in Contemporary China: An inquiry into rural migrant offenders (Springer Series on Asian Criminology and Criminal Justice Research)

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. Acknowledgements 6 Contents 8 List of Charts and Tables 11 About the Author 12 Chapter 1: Introduction 13 Contextual Background of the Study 13 Aims of the Study and Methodology 17 Research Method and Data 18 Limitations of the Research 19 Contents and the Organisation of the Book 20 References 22 Chapter 2: Social Identity of Migrant Offenders 26 Introduction 26 Hukou, the Rural-Urban Divide, Inequality and Social Exclusion 27 Socio-demographic Profile of Rural Migrant Offenders 29 Migrant Offenders’ Account of ‘Push’ and ‘Pull’ Factors to Rural-to-Urban Migration 33 Major Push Factors 34 The Pull Factors 35 Rural Migrant Offenders’ Life Conditions in the City 36 Social Biases, Prejudices and Discrimination 36 Living as Rural Migrants in the City 38 Working and Making Money in the City 39 Self-Reflection of Rural Migrant Offenders: ‘We lost already at the starting line’ 42 Conclusion 44 References 45 Chapter 3: Criminal Acting of Rural Migrants 49 Introduction 49 Crimes Involving Rural Migrants: The Empirical Data 50 Migrant ‘Gangsters’: Rural Migrants’ Involvement in Gangs 53 Definitional Issue of Gangs and ‘the Gang’ in the Context of Migrant Offending in China 53 Profile of Migrant Gangsters 54 Gang Life of Rural Migrant Youths 56 Money-Making Activities of Migrant Gangs 57 Violence and Risk–Taking 58 Identity of Migrant Gangs and the Relationships in the Gang Setting 59 Rural Migrants’ Account of Gang Participation 61 Rural Migrants Who Are Drug Offenders 63 Drug Law in China, the Harm Principle and the Notion of Social Supply of Drugs 64 Drug Use and Drug–Related Offences Involving Rural Migrant Workers 67 Drug Use and ‘Providing Shelter to Others for Drug Taking’ 69 Drug Dealing 71 Rural Migrants Who Engage in Fraud 73 The Concept of Fraud 74 Definition of Fraud and Fraud Law in China 75 Profile of ‘Migrant Fraudsters’ 77 The Nature of Frauds Involving Rural Migrant Offenders 79 The Criminal Firms Engaging in Fraud 80 Partnerships in Fraud 81 Motivations of Rural Migrants for Participation in Fraud 83 Self–Reflection of Migrant Fraudsters 85 Conclusion 86 References 87 Chapter 4: Female Rural Migrants and Criminality 94 Introduction 94 Migrant Women Who Are Lawbreakers in Urban China 96 Case Study 1: Rural Migrant Women Who Participate in Illegal Pyramid Selling 100 The Nature of Pyramid Schemes and Chinese Law Concerning Illegal Pyramid Selling 100 Rural Migrant Women’s Paths to Illegal Pyramid Selling and Their Motives 102 Women’s Role in the Illicit Business 104 Gains and Losses of Migrant Women in Illegal Pyramid Selling 105 Case Study 2: Migrant Women Who Are Involved in Sex Work-Related Offences 106 Gendered Conditions of Rural Migrant Women Who Are Perpetrators in the Sex Trade 107 Rural Migrant Women’s Entry into the Illicit Trade and the Roles They Play 109 Discussion and Conclusion 111 References 114 Chapter 5: Punishing Rural Migrant Offenders 118 Introduction 118 Rural Migrant Offenders’ Perception of Interpersonal Treatment in Criminal Justice 119 The Police: Investigators and Custody Officers 121 The Procuratorate and the Courts 123 Legal Representation for Rural Migrant Offenders 125 Law and Law in Action that May Discriminate Rural Migrants in Criminal Justice 129 Conclusion 135 References 136 Chapter 6: Conclusion 140 Highlights of the Book’s Findings 141 Implications of the Study 145 References 147 Index 150 This work investigates inequality and social exclusion on 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.-- Provided by publisher 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. "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."-- Back cover Front Matter ....Pages i-xiii Introduction (Anqi Shen)....Pages 1-13 Social Identity of Migrant Offenders (Anqi Shen)....Pages 15-37 Criminal Acting of Rural Migrants (Anqi Shen)....Pages 39-83 Female Rural Migrants and Criminality (Anqi Shen)....Pages 85-108 Punishing Rural Migrant Offenders (Anqi Shen)....Pages 109-130 Conclusion (Anqi Shen)....Pages 131-140 Back Matter ....Pages 141-146