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China: Botched jobs

‘Yes, journalists in China do have it rough,’ Bullog blogger Siyi says back to a recent BBC article, ‘but we're not all the innocent victims that you seem to think’ in:

中国是记者最大的监狱?
监狱,还是桑拿中心?

‘China is the largest prison for journalists?’
Prison? Or sauna center?

BBC 最近一篇文章中说:”The media rights group Reporters Without Borders describes the country as the world's ‘largest prison for journalists'”.(那个国家是世界上最大的记者的监狱。)

A recent BBC article said, “The media rights group Reporters Without Borders describes the country as the world's ‘largest prison for journalists’.”

the country ,在那篇文章里,就是中国。

‘The country’, in this article, is China.

监狱这个词,也中肯,也不中肯。中肯的是,它反映了我们的老大哥在监督舆论上干得有够硬朗。不中肯的是,它美化了中国的媒体。
中肯的一面不用多表扬,我们单说说不中肯的一面。
监狱的潜台词,其实是中国媒体从业人员都被囚困起来了,就像方志敏,或者小萝卜头,这未免指娼为良。
我承认现在仍然有少数理想主义的优良媒体人,用尚未麻木的社会良心,执著地做这个荒诞时代的苏格拉底式的牛氓,对他们来说,中国确实就像是一所监狱。

This word, prison, is both relevant, and not. It's relevant in that it reflects how tough Big Brother is in controlling public opinion. It's irrelevant in that it glorifies China's media. The relevant part doesn't need any more praise, so let's just focus on the irrelevant part.
The context of prison is actually that Chinese media professionals have been rounded up, similar to revolutionaries like Fang Zhimin. I admit that there are still a few fine idealist media workers whose social consciences still haven't gone numb, who persist in being the Socratic gadflies of these preposterous times. As far as they're concerned, China definitely does seem like a prison.

但是更多的媒体人,已经顾不上照看什么社会良心,而是习惯把屈服权贵当成”讲政治”,把无中生有当成”创造性”, 把哗众取宠当成”新鲜感”, 把低级趣味当成”平民化”。对他们来说,媒体不再是天下公器,而是一种工具——为个人争取印着毛主席胖脸的纸张,为头头争取比牛博沙发更宽大的交椅,为集体争取跟十大魅力女性一样名满天下的荣誉。因此,他们被官府逼奸,与商业和奸,却又将民意诱奸。对这样的媒体人来说,中国肯定不是一所监狱,而是一所桑拿中心。

But most media types have already stopped caring about a social conscience, and have gotten used to seeing submitting to authorities as ‘talking politics’, fabrications as ‘creativity’, seeking acceptance as ‘a fresh feeling’, vulgarities as ‘popular culture’. As they see it, the media is no longer a weapon for the public, but a kind of tool—with which one struggles for pieces of paper printed with Chairman Mao's fat face or a chair for the bosses bigger than the sofa front row to my comments box, or for as much recognition as the ten most charming women in the world. Therefore, they've been forced by officials to deceive, to cooperate by big business, and even seduce the people. For media workers like these, China is definitely not a prison, but a sauna center.

Sina.com‘s Chinese name—xin新+lang浪—can be interpreted in either of two ways: New Wave, as most people see it, or friend-of-Bullog blogger Yang Meng's take—in which he uses, presumably as emphasis, the same sort of language for which he takes Sina to task—based on his recent scan of the news portal website's headline choices, New Dissolute:

新浪”浪标题”一览

A look at Sina's “Dissolute Headlines”

我经常用的信箱是新浪的,只要登陆新浪首页。就要被迫忍受它的弱智新闻的视觉强奸。
问题是,我每天都要登陆信箱,所以,基本上每天都要被丫白白强奸一回。
天长”日”久,身心相当不悦。
以10月20日浪首页为例,光从标题看,”道听途说”型和”奸淫掳掠”型占
了绝大多数:

The e-mail I use most often is Sina's. You can log in on their main page, but you're forced to endure visual rape by their retarded news. The problem is, I check my e-mail every day, so I'm raped for free by Sina pretty much once every day.
For a fairly “long time”, my body and mind have been fairly unhappy.
Using Sina's front page on October 20 as an example, you can see from the headlines, ‘hearsay’ and ‘rape and plunder’ models occupy.

  张国荣跳楼真实内幕

The Inside Story on Leslie Cheung‘s Suicide-Leap

  陆游与表妹离婚真相

The Truth About Lu You's Divorcing his Cousin

  我所见过女人中的人间极品(图)

The Best of All The Women I've Ever Known (photo)

  自拍女王 帅哥半裸写真 红外透视照片

Self-shot Infrared X-Ray Portraits of Half-Naked Queen, Handsome Guy

  美女最大尺度性感照

Biggest-Busted Babes’ Sexy Photos

  找个人妖做老婆也不错

Having a Transsexual Wife is Not Bad

  真人假扮僵尸街头聚会

Living People Dressed as Corpses’ Street Party

  妓女在网上写日记

A Hooker's Online Diary

  女子电梯内被刺身亡(图)

Woman Stabbed to Death in Elevator (photo)

  最后的处男

The Last Male Virgin

  我与少妇房东

The Young Female Landlady and I

  清华学子成长隐私

A Tsinghua Student's Private Maturing

  富婆云集的热门项目

Rich Wives Club's Hot Project

  史上最全火暴孕妇组照

The Most Complete Group Photo of Raging Pregnant Women in History

  皇后到妓女的传奇

From Empress-to-Hooker Story

  陪陌生女人分娩

Accompanying a Strange Woman through Labor

  仔仔大S姐弟恋

ZaiZai and Big S’ Brother-Sister Love

  娶个妖精做老婆

Marry a Witch as a Wife

  一个淫贼日记

Diary of a Lewd Thief

  DV:某女同的内心独白

DV: Some Lesbian's Interior Monologue

  女生肩上的透明带

A Schoolgirl's Scotch Tape on Her Shoulders

  丰满MM沙滩奔跑

Stacked Little Sister Running on the Beach

  一个平凡女孩到”色”女郎蜕变全过程(图) 。。。

Complete Process of an Ordinary Girl's Metaphorsis in a “Pink” Salon…

我最讨厌后面带”(有图)”字样的标题。因为打开之后,很多时候你发现”图”和文章内容根本八杆子打不着。基本就是”骗点”,能骗点就骗点儿。谁说色情暴力不是生产力?什么新闻规则,什么信达雅,美感,真实,规范,在新浪统统遭到颠覆。有头无尾的,半半拉拉的,都集体亮丑。我统称之为”浪新闻”。
见过浪的,没见过你这么浪的。这样低劣的标题制作水准,居然也混成了门户网站。看来中国的很多事情是没有道理可讲的。新浪果然并非浪得虚名。

What I hate the most are the headlines with a “(photo)” at the end. You'll often notice that the “photo” and the text are completely unrelated. Basically it's ‘click fraud.’ If you're going to click-cheat people, then so be it. Who says pornographic violence is counter-productive? What regulated news, what elegant writing, what beauty, what honesty, what standards, what subversion, all to be found at Sina. Here we have half-finished jobs, loose ends, all glaringly obvious in their collective ugliness. I refer to this as “Dissolute (lang浪) News”.
I've seen dissolute, but I've never seen anything this dissolute. These kinds of lousy headlines set a standard, and in a portal website at that. From the looks of it, there's no logic to speak of to many things in China. Sina, wouldn't ya know it, has made a name for itself from being so dissolute.

Before you say they doth blog too loudly, here's a recent post from Sina blogger and sexologist Li Yinhe, as renowned in China as she is outspoken and controversial, calling for reforms to laws aimed at tackling China's most ubiquitous vice in:

性工作的法律与道德问题

‘The Legal and Moral Problems With Sex Work’

:

最近,哈尔滨的疾病防控部门为了在卖淫者当中开展防治艾滋病教育,将性工作者召集在一起进行教育,并且向她们免费发放了安全套。对于这种做法,很多人表示反对,负责扫黄的警察也感到自己的立场比较尴尬,有点无所适从——本来,如果按照现行的治安管理条例,应当将这些性工作者一一抓获归案,处以治安罚款或送去劳动教养,这是警察的责任,可是现在只能眼睁睁地看着这些性工作者堂而皇之地走进酒店,还堂而皇之地坐在那里开会,最后堂而皇之地走掉。总而言之,不知是哪里出了逻辑错误,使人感到矛盾、困惑。

The Harbin Department for Disease Prevention and Control recently began bringing sex workers together for education in AIDS prevention and treatment, as well as distributing free condoms. Many people expressed opposition to this method. Police vice squads also feel awkward about their own position, unsure which way they should be going. After all, according to existing public security management regulations, these sex workers should be tracked down and booked one-by-one, fined or sent away for labor re-education. This is the police's responsibility, but for now they can only look on helplessly and watch these sex workers walk into the hotel, attend the meeting and, finally, walk away, like they own the place. In brief, they don't know at which point a logical error occured, leaving them feeling conflicted and confused.

在我看来,人们所感受到的逻辑混乱源自法律与道德这两个领域的混淆。法律管了道德领域的事情,所以造成了上述的尴尬局面。具体地说,成年人的性活动和性交易应当是由道德来规范的事情,而不应当由法律做硬性规定。因为按照现代社会的价值观,所有不违背三项基本原则(自愿、私秘、成人之间)的性行为都不应受到法律的制裁,而性交易当中的从业者和消费者大多并没有违反三项基本原则。而这就是大多数现代社会选择了卖淫非罪化政策的原因。
卖淫对策中的非罪化这一立场是极其重要的,它揭示出很多人、特别是道德保守派不愿意正视的一个现实:完全免费的性仅仅是两性关系的理想境界,而现实中存在着大量不免费的性关系。在这些关系当中,女性的角色有以下三类:

As I see it, the confused logic people are dealing with originates in confusion between the two domains of law and morality. The law manages matters of morality, and this has given rise to the creation of the awkward situation mentioned above. Specifically, adults’ sexual activities and the sex trade are things that should be determined by morales not rigidly restricted by the law. Because in accordance with the values of modern society, any sex acts not in violation of the three fundamental principles (voluntary, in private and between adults) should not be subject to legal sanctions, and the majority of workers and consumers within the sex trade have not violated any of the three fundamental principles. This is the reason most modern societies are choosing policies which decriminalize prostitution.
Prostitution is of utmost importance to the decriminalization stance. It exposes many people, especially moral conservatives wishing not to see it, to a reality: completely free sex is merely an ideal state of relations between the sexes and that in reality there exists a great deal of sexual relations which are not free. Among these relations, there are the following three types of female role:

第一类:妓。短期交易关系,无婚约。

Type one: prostitute. Short-term trade relationship, no marriage contract.

第二类:除丈夫外无其他经济来源的妾(近称:二奶)。长期供养关系,无婚约。

Type two: concubine who, aside from the man, has no other source of income (current term: second milk [mistress]). Long-term support relationship, no marriage contract.

第三类:除丈夫外无其他经济来源的妻。长期供养关系,有婚约。

Type three: wife who, aside from the man, has no other source of income. Long-term support relationship, with marriage contract.

显而易见,这三类人并没有本质上的区别。因此,只制裁其中的一类或两类是不合逻辑、也是不公平的。而全世界不会有人认为与丈夫有供养关系的妻子是应受法律制裁的,同理,另两类人也不应受法律的制裁。按照一般的社会道德标准,免费的性才是道德高尚的,而不免费的性是道德低下的。但是,一位成年人、一位公民有权选择自己的道德标准。如果他选择了一种不道德的生活方式,社会道德可以批评他,教育他,却没有权利用法律去处罚他。用法律的形式来处罚公民的不道德行为,这是一种立法上的道德清高主义。一个现代法律体系的基本原则在于:不应当以社会上一部分人的道德标准作为依据订立法律,去惩罚社会上另一部分人不侵害他人权利的行为。

Clearly, there is no inherent difference between these three types of people. For that reason, to only sanction one or two types is illogical; it's also unfair. And nowhere in the world is there someone who feels a wife with a support relationship with a husband merits legal sanctions. In the same manner, the other two types of people also do not merit legal sanctions. In accordance with general societal moral standards, free sex is morally sound, but sex that is not free is morally reprehensible. But, any adult and any citizen has the right to choose their own moral standards. If he chooses a kind of immoral lifestyle, societal morales can criticize him, educate him, but they don't have the right to use the law to punish him. To use the law as a means to punish citizens’ immoral behavior, this is a kind of moral out-of-touchness with legislation. The basic principles of a modern legal system are in not, based on the moral standards of a part of society, setting laws to punish another part of society whose behavior has not infringed upon other people's rights.

自从中国大陆实行改革以来,一些贫困地区的妇女以卖淫为摆脱贫困的手段,在那里出现了”笑贫不笑娼”的情况。这同样反映了妇女地位的低下,这些妇女道德水准的下降和社会道德水准的下降。这种现象同一些女性”傍大款”作太太显然属于同一性质的问题,都是女性将自己的性服务作为商品出售的行为,只不过前者(性工作者)是短期的、多次性的零售,后者(专职太太)是长期的、一次性的批发。如果用法律手段来制裁,只制裁前者不制裁后者是不合逻辑的;而没有任何一个人会持后者应受到法律制裁的观点;由此推论,对前者用法律手段制裁也是不公平的。如果前述逻辑是完备的,我们只能得出如下结论:对付卖淫行为,只能采用提高妇女地位、提高妇女道德水平和整个社会的道德水平的办法,而不可采用将卖淫行为非法化、刑事化的办法来加以解决。正如沃芬顿报告所指出的那样:私人的不道德不应当成为刑事犯罪法制裁的对象。

In the time since mainland China implemented reforms, women in impoverished regions have escaped poverty by means of prostitution, and in those places there has appeared a situation of ‘smile at poverty but not at prostitutes’. This reflects women's low status, a decline in women's moral standards and a decline in societal moral standards as well. This kind of phenomenon is of the same nature as the issue of women becoming “gold digger” wives; all involve the behavior of women selling sex as a commodity. Only the former (sex workers) are short-term, with multiple retail, while the latter (full-time wives) are long-term, with one-time wholesale. If legal means are used to sanction, to only sanction the former but not the latter is illogical, and nobody would support a stance which would see legal sanctions being put on the former. From this it can be deduced that the use of legal means to sanction the former is unfair. If the above logic is complete, we can only make the following conclusion: in dealing with the act of prostitution, only steps can be taken which raise the status of women, as well as the moral standards both of women and all of society, and that steps towards outlawing and criminalizing prostitution cannot be taken as a solution. Just as the Wolfenden Report points out: private immoral behavior should not become a criminal offence or the target of legal sanctions.

我在卖淫对策上的主张是,在我国现有的不以卖淫为刑事犯罪的法律基础上,进一步实现卖淫行为的非罪化。这意味着要修改现行治安条例中关于卖淫活动的条文,修改现行刑法中关于淫媒的有关条文。对于成人之间双方自愿的交易行为由商业法规加以规范。对于社会道德风尚问题用加强道德教育的办法,下潜移默化的长期功夫,而不能试图以不合理的严刑峻法一举解决道德问题,因为这样做只会欲速则不达。

My position on countermeasures which deal with prostitution is that on top of China's current legal foundation, which does not count prostitution as a criminal offence, further steps should be taken to see prostitution decriminalized. This implies that the clauses of public security ordinaces currently in effect concerning prostitution activities as well as the clauses of criminal law currently in effect concerning pimping need to be amended. Mutually voluntary trade behavior between adults should be specified according to commercial laws and regulations. Regarding the question of current societal morality, steps should be taken to strengthen moral education, long-term efforts for subtle influence, but illegitimate draconian laws cannot be used in an attempt to resolve moral problems all in one shot; rushing like this will only botch everything.

1 comment

  • 本来不想再提那个令所有记者感到耻辱的夜晚,只是当我们在组版时再翻看那夜留下的照片,仍然想说上两句:

    1、我们不是追星族,我们也不想当什么晚会的主角,我们只想记录,只想采访,只想拍摄。虽然中国现在还没有新闻法,可是记者的采访权还是应该得到保护的吧。当时在场的,被一群身份不明的人推推搡搡的,大都是正规媒体的记者,都持有十六运组委会发的内场记者证。包括我们报社的老总,中国摄影家协会会员、南通摄影家协会副主席,他与我当时都坐在沙地上,没挡住任何人的视线,可这些人根本就不看证件,也不听解释,连推带搡,把我们像罪犯似的推到后面去。

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