Since Women’s Day is coming up on Sunday March 8th, China Crossroads will be looking at women’s issues in depth throughout the month. Topics such as women in the workplace and their advancement, reproductive health, rural and migrant women, as well as women sex workers will be covered.

We begin our discussion with the plight of China’s xiaojies (sex workers) with the translation of Professor Zhao Jun;s Recent Newsweek article that researches the challendging lives of these women.

It is an interesting, and open piece, and we encourage you to read the full article below the line.

Also - as an exclusive opportunity for Crossroads readers, professor Zhao has agreed to answer reader questions.  We will accept submissions until March 11, and all answers will be available the following week.  To participate, please send an email to

leigh (at) China-crossroads.com

Even though xiaojie murder cases are often covered in the Chinese media, they are not classified in China’s criminal record books.

After careful statistical analysis by leading scholars, it was found that 40% of murder cases in Beijing alone were xiaojies (link to http://www.infzm.com/content/12118). The crux of the matter is that sex work in China is illegal and xiaojie homicides are frequent. In cases where the murderer has been found, the punishment has been fairly weak for all involved, further exacerbating the likelihood of future murders. Cracking a case that involves sex workers is one of the most difficult because most identities are fake and xiaojies are often unwilling to disclose information during an investigation. As a result, police usually do not get to the bottom of most homicide cases involving sex workers.

The abuse and homicide of China’s xiaojies is a very complicated issue that is not often addressed and dealt with because of the stigma carried for the line of work of these women. Since solutions are not often sought for this major problem, we have gotten in contact with Zhao Jun, a leading scholar on the murder cases of China’s women sex workers. After 12 years of experience as a police officer, Mr. Zhao attended Renmin University to pursue his Doctorate in Sociology collecting cases studies on xiaojie homicides. Below is a translation from the China Newsweek Magazine interview with Zhao Jun. After chatting with him on the phone, he has agreed to answer any questions our readers may have related to his work and possible solutions. Please submit your questions to Leigh@china-crossroads.com by Sunday March 15th!

Professor Zhao Jun: the right to life is undoubtedly higher than the “social morals”
★ 《中国新闻周刊》记者/陈晓舒 实习记者/胡苏敏(发自北京)
★ “China Newsweek magazine” Reporter / Journalist: Chen Shu intern journalist: Hu Su Min (from Beijing)
12年从警经历，中国人民大学社会学博士后、潘绥铭弟子的身份，让赵军选定了“女性性工作者被害问题”作为研究课题。
Having 12 years experience as a policeman, the People’s University sociology postdoctoral, Zhao Jun selected “the murder of female sex workers” as his subject for study.

尽管“小姐被杀”的新闻频频出现，但在中国，目前鲜有学者关注这一领域。即使在公安机关，也未专门设立这一类别的案例分析系统。
Although the murder of female sex workers (in Chinese, xiaojie is the euphemism for female sex workers) appears in the news frequently, little concern has been given to this problem at present. Even in the public security organs, they do not have a special case category involving female sex workers.

近10年来，赵军是以“入圈式”调查方法来收集案例的。在餐厅、在洗脚屋、在KTV，以及在足球场里，这位38岁的学者以“朋友聊天式的非正规访谈”找到了知情者。于是，那些内幕以及现象背后的社会逻辑，就在觥筹交错和足球的起落中浮出水面。
During the past 10 years, Zhao Jun engaged himself in collecting related cases. The 38-year-old scholar was able to find insiders by chitchatting with the workers in a friendly way either in restaurants, foot massage parlors, KTV or football fields. Thus, he gained first hand knowledge about a social issue that has been ignored for a long time.

赵军选择的调查样本，主要来源于一个中等规模的地级市和一个发展开发程度较高的沿海城市，结论则是“‘小姐’被害案共性大于个性”。“‘小姐’群体的权利在事实上已被严重边缘化，虽然她们的合法权利在形式上也应得到法律的保护。”赵军说。
Zhao Jun’s selected case samples are mainly from medium-sized cities and coastal cities with a relatively higher degree of development. The conclusion of his study is that the murder of xiaojies is a problem threatening the whole group rather than a single problem among a few individuals.” In fact, Xiaojies’ rights have been severely marginalized and their legal rights should also be protected.” Zhao said.

2008年4月初，这位学者就女性性工作者被害问题接受了《中国新闻周刊》记者的采访。
Zhao received an interview on the issue of female sex workers with “China Newsweek” reporters early April, 2008.
“小姐”被害已经类型化

THE MURDER OF “XIAOJIES” HAS BECOME A COMMON PROBLEM
中国新闻周刊：此类案件有无普遍规律？
China Newsweek: Why are xiaojies more likely to become the target group of violence and crimes?
赵军：第一，女性在生理上、体能上处于弱势，自我保护能力较差;第二，“小姐”的工作性质决定了她们很容易被接近，交易对象具有流动性和不特定的特点；第三，她们或她们的老板相对于普通的打工仔具有一定的财力，抢她们往往不会“踏空”；第四，“小姐”单独出台比较多，“低端小姐”(“低端”指:没有相对安全的交易场所)更是如此;第五，她们被侵害后报案率很低。
Zhao Jun: First of all, women are physically disadvantaged and are less capable of protecting themselves; secondly, their nature of work makes them more easily approachable while their customer group is highly mobile and unspecific; thirdly, sex workers or their bosses, compared to common migrant workers, earn more financial resources; fourthly, sex workers never work in groups; fifthly, they won’t call the police after being assaulted.

中国新闻周刊：作案动机是什么？
China Newsweek: What are the criminal’s motives?
赵军：抢劫、绑架的案子，当然是为了谋财。从已经破获的杀害“小姐”的案子来看，作案者也是动机各异，什么情况都有。有的客人有虐恋的倾向，“小姐”不答应，导致被杀害；更常见的是价格问题，“小姐”对价格很敏感，谈不拢往往反应激烈，有的会大吼大叫。客人害怕暴露，也许就用枕头捂或者掐脖子，结果导致命案发生。很多时候，杀害“小姐”的凶手并无预谋，也不都是变态杀人狂。当然，谋财害命在杀害“小姐”的案件也是有的。
For the cases of robbery and kidnapping, the criminal is after money of course. However, judging from the uncovered murder cases, the criminals bear different motives. For instance, some customers kill xiaojies because of being turned down when they ask for specifics while the more common problem has to do with money. Xiaojies are sensitive to how much they can earn per time and once they quarrel over the price, customers have been known to smother them because they are afraid to let people know what they have been doing. Most of the time, the murderer does not plan the murder beforehand.

她们眼中的警察
How Xiaojies View the Police

中国新闻周刊:“小姐”在遭受侵犯时，一般会采取哪些方式求助？
CN: Who will xiaojies turn to help after being assaulted?
赵军：大多数人的第一反应是找老板、家人或者亲朋好友。这与普通人有事打110很不一样。
Most of them will turn to their bosses, family or friends for help. 110* does not work for them.
*China’s emergency dialing phone number
我们调查发现，有个团伙性的拐卖“小姐”案件，涉案“小姐”基本都没有直接报警，更多的情况是通过各种方式找自己的家人，甚至通过好心的客人帮忙打电话回家，报不报案由家人决定。这种不报警的情况，在“小姐”被抢劫、绑架一类的案件中，更为常见。
According to our investigation, there once existed a criminal group who abducted xiaojies. However, the victims never called the police; instead, they would tell their family and leave the decision to them. In short, xiaojies would rather not call the police after they are robbed or kidnapped.

中国新闻周刊：为什么不报警？
CN: Why not?
赵军：在现有的法律体制下，“小姐”把警察理解为与她们对立的社会角色。根据法律规定，对卖淫者轻则可处以10〜15日拘留、5000元以下罚款；重则面临6个月至2年劳动教养。
Because under the current legal system, “xiaojies” regard the police as their opposition. According to related laws, prostitutes will be fined 5000 RMB and can be incarcerated for 10 to 15 days. Worst of all, they might face reeducation through labor for at least half a year, two years tops.
她们的老板同样不希望公安介入。《刑法》第359条规定：引诱、容留、介绍他人卖淫的,处以5年有期徒刑、拘役、管制;情节严重的，可能获刑5年以上。最为严重的组织卖淫，甚至可能被处以死刑。所以，被害人报案，老板很有可能面临更大风险。
Their bosses also do not want the police to intervene. Article 359 in “Penal Code” provides that people who commit enticement, hosting or introduction of prostitution to others, will be sentenced to at least 5 years imprisonment, criminal detention or control; if under serious circumstances, they may be sentenced for more than 5 years. The most serious organized prostitution may even be punishable by death penalty. Therefore, if the victim makes a report, the boss is likely to face even greater risk.

中国新闻周刊：这类案件的破案率怎么样？
China Newsweek: Are these types of cases likely to be detected?
赵军：在公安机关正式的统计报表中，还没有专门针对“小姐”被害案件的资料。但可以肯定的是，杀害“小姐”的案件几乎成了侦破难度最大的刑事案件类型之一。与普通的杀人案不同，这类案件往往没有明显的“因果关系”，加上与“小姐”接触人群的不特定性和流动性，嫌疑目标很难锁定。抢劫、绑架“小姐”的案件的侦破难度虽然稍低一些，但这类案件报案率低，“隐案”多，“犯罪黑数”高。
Zhao: There is no specific xiaojie victim case category or statistics in the public security organs. But one thing is for sure: the murder of xiaojies has become one of the most difficult types of criminal cases for the police. Compared with ordinary cases, this type is different in terms of its lack of “causal linkage.” Plus xiaojies’ contact with unspecific and highly mobile customers makes it even more difficult to determine the target suspect. Even though it is fairly easy to detect robbery and kidnapping, xiaojies won’t report to the police because of their identity, thus leaving the crime in a grey area.

边缘人群更应得到保护
Marginalized groups should be protected

中国新闻周刊：“小姐”人身权利得不到保护，反映了什么问题？
China Newsweek: Why aren’t xiaojie’s personal rights protected?
赵军：我的著作《惩罚的边界》里提及了这个问题。“小姐”的权利，就是这样一种应予重点关照的“边缘的权利”。“小姐”的合法权利难以得到有效而充分的保护，在相当程度上反映了主流社会对边缘群体的忽视，反映了社会的法治化水平还不高.
I mentioned the problem in my book . The rights of xiaojies are what I consider to be “marginalized rights.” The failure in protecting xiaojies’ legal rights reflects mainstream discrimination and ignorance towards marginalized groups.

中国新闻周刊：是什么原因造成“小姐”权利边缘化？
WN: What leads to the marginalization of their rights?

赵军：因为她们的“工作”是边缘化、地下化的，这导致她们的权利也必然被边缘化。举个例子来说，警方扫黄，就使得“小姐”不敢在发廊里工作，要转换到地点相对隐秘的“炮房”里工作，而这就使得她们脱离了老板、“妈咪”的观护，从而更易于被害。
Zhao Jun: Because their work is marginalized and underground, so too are their rights. For example, once the police launched the anti-porn campaigns, xiaojies dare not to work in the salon. Instead, they would switch to relatively hidden locations like the “gun room” to earn their living. This made it more difficult to receive protection from their boss and made it easier to be killed.

警方查处性交易可能也是出于保护“小姐”的考虑，让这种现象绝迹了，就不会有侵害案件的发生。但问题是，现在这种方式的扫黄不能在相当程度上禁止性交易的发生。
The intention of the anti-porn campaign was to protect xiaojies through ending the practice of pornography. However, it cannot prohibit sex trades to happen.

中国新闻周刊：能不能找到有效的救济方式？
China Newsweek: Can we find an effective way to help them?
赵军：其实，只要是“小姐”被害，警方对报案的“小姐”很少处罚。即便是老板报案，也很少处罚。但警方往往不会公开对外发出十分明确的信息——我们不会处罚报案的卖淫者或组织卖淫者。
Actually, if some xiaojies fall victim to crime, the police are less likely to fine them. It is the same with their bosses. Yet the police do not publicize the information that they give to case reporters.

同时，还可以考虑采取一些技术性措施。譬如，警方可根据已破获案件所反映出的某些犯罪规律，向“小姐”宣传怎样在从业过程中保护自己的权利，教她们一些防范被害的方法。这既能提高破案效率，预防“小姐”被害案件的发生，也能在一定程度上改变警察在“小姐”心中的刻板印象，有些地方的警察已经在做这个工作了。
At the same time, society should also consider adopting some technical measures. For example, based upon their working experience, the police have publicized material for xiaojies on protecting their rights and preventing themselves from being harmed. In this way, detection can be improved and, moreover, the poker-face stereotype of the police can be diminished.

生命权无疑高于“社会风化”，不管权利主体的身份如何。从这一点出发，警方教育“小姐”如何保护自己的生命或财产，是完全合法的。我以为，这也是警方作为政府的一个职能部门，应当向包括“小姐”在内的所有国民提供的一种涉及公共安全的服务产品。
The right to live is undoubtedly higher than social morals, no matter whose right it is. In this light, it is totally legal for the police to educate the xiaojies on how to protect their life and property.

赵军，1969年生，法学博士。中国人民大学社会与人口学院(性社会学研究所)博士后研究人员。中国犯罪学会理事，湖北西陵律师事务所执业律师。研究方向：中国刑法学、犯罪学、性社会学。
Zhao Jun (1969—)Doctor of Laws. People’s University Institute of Social and population (Institute of Sex-Sociology) post-doctoral researcher. Minister of China Association of Crime, Lawyer of Hubei Xiling Law Firm
Field of interest: The Criminal Law, Criminology, and Sex-Sociology.