The Qianke System in China: Disorganisation, Discrimination and Dispersion

Abstract

In the Chinese criminal legal system, the term 'Qianke' (前科) is conceptually interchangeable with the idea of a criminal record that lists one's past crimes, convictions and sentences. In this article, by situating Qianke within the context of China's distinct criminal justice and social governance ethos, my central claim is that the status quo of the Qianke system features disorganised, discriminatory and dispersed modes of social and penal controls. Specifically, the management of Qianke represents an uncoordinated structure in which criminal record data are regulated by divergent rules and institutions but remain under the complete control of the state. Although largely inaccessible to the general public, the discriminatory effect of Qianke is sweeping. By and large, it is characterised by the imposition of restraints on not only individuals with a criminal record but also their families in accessing equal opportunities in education, employment and public services. This distinctive form of state discrimination is informed by an emerging concern with risk prevention within Chinese criminal justice policy which is further enhanced by Qianke's orchestrated penetration into the social system (e.g. via the Social Credit System). Moving from the criminal legal system to the social system, Qianke also serves as a tool of control aimed at managing individuals with a criminal history in a way that is conducive to the state's prioritised governance agenda.

Keywords: China, criminal records, penal control, preventive justice, Qianke, Social Credit System