The Regulation Of Prostitution In China

"Illustrates how law shapes the lives of sex workers, street-level police officers and frontline health officials in China. Using ethnography, interviews and surveys to explore how prostitution is regulated, this accessible book is perfect for readers interested in law, the state, society, China, and sex work"--

In the early decades of the twentieth century, prostitution was one of only a few fates available to women and girls besides wife, servant, or factory worker. At the turn of the century, cities across China began to register, tax, and monitor prostitutes, taking different forms in different cities. Intervention by way of prostitution regulation connected the local state, politics, and gender relations in important new ways. The decisions that local governments made about how to deal with gender, and specifically the thorny issue of prostitution, had concrete and measurable effects on the structures and capacities of the state. This book examines how the ways in which local government chose to shape the institution of prostitution ended up transforming local states themselves. It begins by looking at the origins of prostitution regulation in Europe and how it spread from there to China via Tokyo. Elizabeth Remick then drills down into the different regulatory approaches of Guangzhou (revenue-intensive), Kunming (coercion-intensive), and Hangzhou (light regulation). In all three cases, there were distinct consequences and implications for statebuilding, some of which made governments bigger and wealthier, some of which weakened and undermined development. This study makes a strong case for why gender needs to be written into the story of statebuilding in China, even though women, generally barred from political life at that time in China, were not visible political actors.

In this compelling book, Margaret L. Boittin delves into the complex world of prostitution in China and how it shapes the lives of those involved in it. Through in-depth fieldwork, Boittin provides a fascinating case study of the role of law in everyday life and its impact on female sex workers, street-level police officers, and frontline public health officials. The book offers a unique perspective on the dynamics between society and the state, revealing how the laws that govern sex work affect those on the frontlines. With clear and accessible prose, this book is a must-read for anyone interested in law, state-society relations, China, and sex work.

China, Sex and Prostitution is a topical and important critique of recent scholarship in China studies concerning sexuality, prostitution and policing. Jeffrey's arguments are constructed in the form of detailed analysis of a wide range of primary texts, including documents, press reports, police report, and policy and legal pronouncements, and secondary literature in both English and Chinese. The work engages with some key debates in the fields of cultural and gender studies and will be welcomed by scholars in these areas as well as by China specialists, sociologists and anthropologists.

This study of the regulation of sexuality in the Qing dynasty explores the social context for sexual behavior criminalized by the state, showing how regulation shifted away from status to a new regime of gender that mandated a uniform standard of sexual morality and criminal liability for all people, regardless of their social status.

Despite being illegal, prostitution is rampant in China today. Millions of women work in the sex industry, responding to high demand from the male population. Sex workers and clients span all social classes, from poor migrants to college students and elite officials. The phenomenon is ubiquitous throughout rural and urban areas. In acknowledging the disconnect between the legal status of prostitution and its prevalence, thoughtful experts on China generally assume that the state turns a blind eye to prostitution. They note the economic advantages of a vibrant sex industry, and underscore the extent to which individual officials and local agencies actually participate in the business of prostitution. These observers are correct to note the financial benefits of prostitution to the Chinese economy. Yet they fail in assuming state complacency vis-à-vis prostitution. Instead, my research uncovers the existence of an active and complex regulatory dynamic both between, and amongst, various Chinese authorities and actors within the sex industry. In this study of state control of the market for sex in China, I uncover the state’s three approaches to prostitution: law enforcement, public health, and as a source of economic development. This detailed depiction of the state’s multifaceted regulatory interventions into the sex industry highlights the question of how these frequently conflicting policies coexist in practice. More specifically, how does the state simultaneously uphold policing policies that lead sex workers to shy away from the state and hide their involvement in prostitution for fear of arrest, and health policies that, to work effectively, require sex workers to openly disclose to state actors that they sell sex? How does it reconcile commercial policies whose goal is to allow the state to benefit from a thriving sex industry, with law enforcement regulations aimed at abolishing prostitution? Through an observation of actual enforcement patterns, I show that the answer to these questions varies based on tier of prostitution, and whether the state is targeting the low-tier (“whores”), middle-tier (“hostesses”), or elite (“honeys”) parts of the sex industry. By uncovering these tier-based enforcement patterns, I find that the Chinese authorities are not actually implementing policies to best achieve their stated goals surrounding prostitution: reducing both its occurrence, and the prevalence of HIV/AIDS. Instead, they make enforcement decisions around prostitution that prioritize both economic growth and social stability—the cornerstones of the Chinese Communist Party’s strategy for maintaining power. They prioritize economic growth by taxing the entertainment venues that harbor prostitution activities, and the women who work in them. They also refrain from aggressive policing of those venues, instead channeling their law enforcement efforts towards the lowest class of sex workers, who contribute minimally to the overall economy of the sex industry. They prioritize social stability by allowing for the existence of a thriving sex industry, rather than aggressively enforcing anti-prostitution laws in ways that would significantly reduce the availability of sex for purchase. They further address public order concerns tied to prostitution by funneling it off of the streets and into venues, where it becomes less visible. This strategy also facilitates the control of prostitution’s negative externalities, which the police can efficiently access and control when prostitution occurs in one space surrounded by numerous third parties who can report violence and other issues. The decision to prioritize economic growth and social stability comes at the expense of effectively carrying out the state’s official policing and public health goals around prostitution.

This pioneering work examines prostitution in Shanghai from the late nineteenth century to the present. Drawn mostly from the daughters and wives of the working poor and declassé elites, prostitutes in Shanghai were near the bottom of class and gender hierarchies. Yet they were central figures in Shanghai urban life, entering the historical record whenever others wanted to appreciate, castigate, count, regulate, cure, pathologize, warn about, rescue, eliminate, or deploy them as a symbol in a larger social panorama. Over the past century, prostitution has been understood in many ways: as a source of urbanized pleasures, a profession full of unscrupulous and greedy schemers, a changing site of work for women, a source of moral danger and physical disease, a marker of national decay, and a sign of modernity. For the Communist leadership of the 1950s, the elimination of prostitution symbolized China's emergence as a strong, healthy, and modern nation. In the past decade, as prostitution once again has become a recognized feature of Chinese society, it has been incorporated into a larger public discussion about what kind of modernity China should seek and what kind of sex and gender arrangements should characterize that modernity. Prostitutes, like every other non-elite group, did not record their own lives. How can sources generated by intense public argument about the "larger" meanings of prostitution be read for clues to those lives? Hershatter makes use of a broad range of materials: guidebooks to the pleasure quarters, collections of anecdotes about high-class courtesans, tabloid gossip columns, municipal regulations prohibiting street soliciting, police interrogations of streetwalkers and those accused of trafficking in women, newspaper reports on court cases involving both courtesans and streetwalkers, polemics by Chinese and foreign reformers, learned articles by Chinese scholars commenting on the world history of prostitution and analyzing its local causes, surveys by doctors and social workers on sexually transmitted disease in various Shanghai populations, relief agency records, fictionalized accounts of the scams and sufferings of prostitutes, memoirs by former courtesan house patrons, and interviews with former officials and reformers. Although a courtesan may never set pen to paper, we can infer a great deal about her strategizing and working of the system through the vast cautionary literature that tells her customers how not to be defrauded by her. Newspaper accounts of the arrests and brief court testimonies of Shanghai streetwalkers let us glimpse the way that prostitutes positioned themselves to get the most they could from the legal system. Without recourse to direct speech, Hershatter argues, these women have nevertheless left an audible trace. Central to this study is the investigation of how things are known and later remembered, and how, later still, they are simultaneously apprehended and reinvented by the historian.

This ethnographic study of prostitution in the metropolitan city of Dalian, China, explores the lives of rural migrant women working as karaoke bar hostesses, delving into the interplay of gender politics, nationalism, and power relationships that inhere in practices of birth control, disease control, and control of women's bodies.

This study argues that the decriminalization of sex work in China can contribute to HIV prevention and human rights protection. The argument is supported by six key concepts: the universality of human rights, rights-based approaches to HIV, sex work as work, risk environment for HIV transmission, decriminalization of sex work as a preferred model for HIV prevention, and rights-based responses to HIV and sex work. Three research methods are used, including research methods from law, social science, and public health. Recommendations are provided to reform Chinese law and HIV policy.

Sex work continues to provoke controversial legal and public policy debates world-wide that raise fundamental questions about the state’s role in protecting individual rights, status quo social relations, and public health. This book unites ethnographic research from China, Canada, and the United States to argue that criminalization results in a totalizing set of negative consequences for sex workers’ health, safety, and human rights. Such consequences are enabled through the operations of an exclusionary regime, a dense coalescence of punitive forces that involves both governance, in the form of the criminal justice system and other state agents, and dynamic interpersonal encounters in which individuals both enforce and negotiate stigma-related discrimination against sex workers. Chapter Two demonstrates how criminalization harms sex workers by isolating their work to potentially dangerous locations, fostering mistrust of authority figures, further limiting their abilities to find legal work and housing, and restricting possibilities for collective rights-based organizing. Criminalized sex workers report police harassment, seizure of condoms, and adversarial police-sex worker relations that enable others to abuse them with impunity. Chapter Three describes how sex workers negotiate these restrictions on their rights and personal autonomy via their arrest avoidance and client management strategies, self-treatment of health issues, selective mutual aid, rights-based organizing, and entrenchment in sex work or other criminalized activities. Chapter Four describes how researchers working in countries or locales that criminalize sex work face ethical concerns as well as barriers to their work at the practical, institutional, and political levels.