September 25th, 2013 Headsman
This case has been in the public eye for several years, and the predominant sentiment has been sympathetic towards the condemned man.
Xia and his wife Zhang Jing were part of China’s vast population of working urban poor, Xia having found his way into job insecurity by virtue of a layoff from the state electricity company. In the entrepreneurial spirit of the age, Xia started up an unlicensed business selling sausages and the like.
These denizens of the gray economy are, as a class, afflicted by the attentions of the City Urban Administrative and Law Enforcement Bureau, better known as the chengguan. Their benign job description entails administering municipal regulations, but this much-loathed force’s relationship to everyday citizens is perhaps best illustrated by the word chengguan‘s status as a shorthand neologism for bullying and abuse. Too many people know this goon squad firsthand, and too many stories of their worst excesses have circulated. Just this past July, the chengguan made headlines by killing a watermelon vendor.
“Chengguan abuses are an open scandal in China,” said Human Rights Watch’s China director. “The chengguan’s ability to flout China’s laws and inflict harm on members of the public is a recipe for greater public resentment and more violent confrontations.”
In the violent confrontation at issue in today’s execution, the chengguan chengguanned Xia Junfeng in May 2009. Xia fought back with his meat-carving knife, and slew two of his tormenters.
Death penalty cases redolent of the social stratification and institutional corruption that ordinary Chinese people experience have proven to be lightning rods in recent years.
Xia Junfeng’s turned, legally, on his claim that he killed protecting himself from the chengguan‘s beating.*
“Extralegal violence, thus employed to compensate for inadequate regulation and an absence of authority and legal deterrence, is no longer individual behavior. Such violence exists everywhere with the permission of the authorities. It is needed because of an overriding concern for “city image” and “urban management.” Finally, when extralegal violence is not monitored by the people and the media, and not punished by the law, it is only natural for Chengguan members to feel justified. Using violence with impunity enables the Chengguans to see violence psychologically as their “privilege,” a sign of status and pride. Since the legal and political status of Chengguan is unclear, it is only natural for its members to seek personal gain, vent their anger, and prey on the citizens they were intended to protect.”
-from the closing argument of Xia’s defense attorney
This allegation didn’t fly in court, where brother chengguan denied that they’d been abusing the shishkebaber, but it’s won in a rout when it comes to the court of public opinion. “His life and death are more than just a legal matter, but a bellwether of the era, with the tsunami-like public opinion firmly on the side of Xia Junfeng,” wrote author Yi Chen today.
Particularly galling for many is the disparity in treatment between Xia Junfeng and the likes of Gu Kailai, the latter a powerful business and political figure who was able to avoid execution despite being convicted of a scandalous contract murder. And Chengguan themselves never seem to be at risk of harsh punishment for any misbehavior; had Xia Junfeng been the one to leave that confrontation in a body bag, there certainly wouldn’t have been a death penalty case.
Anonymous cartoon circulated on Weibo criticizing Xia Junfeng’s condemnation. (Via) The drawing of the boy in the background was done by Xia’s son, whose art school fees were earned by his father’s roadside business.
Chinese speakers might want to peruse the Weibo feed of Xia’s widow.
* Several years ago, self-defense helped a Beijing migrat worker avoid execution for killing a chengguan who attempted to confiscate his bicycle cart.
Also on this date
- 1794: Edmund Fortis, in the hands of God
- 1911: Dmitry Bogrov, Stolypin's assassin
- 1561: Sehzade Beyazit, inevitably
- 1991: Warren McCleskey
- 1998: Cao Haixin, unwelcome meddler
- 2007: Michael Richard, whose time ran out
- 1792: Jacques Cazotte, occultist