Yang Jia: Criminal or hero?

In China, if you weren't talking about the Olympics this summer, you were probably talking about this case. Article also here.

By Jennifer Haskell

On September 1, Yang Jia was sentenced to death by the No. 2 division of the Shanghai Municipal People's Court. His crime, killing six policemen and injuring a number of others in Shanghai's Zhabei District public security bureau, would not have attracted much sympathy by the judicial system nor the court of public opinion in any country. Yet in this year's summer of discontent in China, Yang Jia became somewhat of a people's hero. While it is unlikely that he will receive much sympathy from the China's supreme court when his case comes up for review, Chinese netizens have been surprisingly supportive of Mr. Yang. Immediately after the Weng'an incident, the overwhelming response to Yang's case demonstrated the large amount of dissatisfaction that people have with local lawmakers and law enforcement.

Supporters have questioned how a "nice guy" from Beijing who enjoys traveling and photography could end up as a cold-blooded killer. As more of the story came out, the public found out that Yang was held by the police last year on suspicion that he had stolen the bike he rented while on vacation in Shanghai. While a portion of the transcript reflecting acrimony on both sides was made public, police held him in custody for six hours even though he had proof that he had legally rented the bicycle. Allegations of abuse during his time in custody arose, as afterwards Yang Jia had unsuccessfully sued the police for 10,000 RMB for mental anguish suffered.

Furthermore, the conduct of the trial elicited questioning of its fairness. The trial was closed to the public; neither family members nor the media were allowed to witness the proceedings. Doubts about the appropriateness of Yang's lawyer, Xie Youming, arose, especially from the suspect's father who tried to have his own lawyer represent his son. Mr. Xie worked as a legal consultant for the Zhabei District government, so he would have had the same supervisor as the police officers who were killed, presenting what some argue is a conflict of interest. Additionally, Yang's lawyer dismissed the possibility of the insanity plea, as he himself found Yang in perfectly sound mental health and also asserted that he deserved the death penalty (note: all Chinese articles raising such doubts have been censored).

While some commentators sympathize with the slain policemen, arguing that Yang deserves his punishment, others have focused on the unfairness of the trial. Still, a large number seem to empathize with Yang Jia on a more emotional level, labeling him an "upholder of justice and righteousness"(义士). In a CCTV television report, investigative reporter Bai Yansong provided some possible explanations why the general public has been so sympathetic to Yang Jia. One such reason is that people see the police as a large, evil organization and thus see Mr. Yang's attacks as righteous and justified. Even if the individual police officers who died did not deserve such a fate, their lives can be ignored if Yang Jia's actions were in pursuit of a larger goal. Such an explanation begins to grasp the rampant distrust of local authority. As one commenter on our Chinese website wrote, "Yang Jia did what we all would like to but don't dare do, therefore, in a society where the rule of law is not evident, black and white are blurred, justice is not extended, there is no order, and violence is used indiscriminately, we have lost hope in the law. We hate the powers that be, naturally hope for a righteous hero, and sympathize with Yang Jia." Sympathetic reactions to Yang Jia's case not only seem to defy what many people in Western countries see as the obvious response to the killing of police officers but also suggest that more cases like Yang Jia's could appear in the future if law enforcement and the justice system do not reform for the better.

Other netizens have proffered that Yang Jia committed murder because he was born and raised in Beijing. More specifically, if the Shanghai police brought a migrant worker from the countryside into custody on suspicion of stealing a bike and treated him roughly, he would just be thankful to emerge alive. Accustomed to prejudice and bullying and convinced that there is no justice, someone from the countryside would not try to seek compensation through the justice system, seeing such actions as laughable because of their obvious inefficacy. Only someone brought up in Beijing, aware of his rights, would attempt to seek justice through the system and then turn violently against the system if it fails him.

Yet, we should hope that all citizens can reach the level of legal consciousness that Yang possessed and not maintain the expectation of injustice. It was not his understanding of his rights that led him to commit the crime but his sense that those rights had been violated and nothing had been done to correct for this wrong. While there are people who would act rashly under any system, a fairer and more just legal system could limit cases like Yang Jia's. As noted by his lawyer, his great understanding of the law is exactly the reason why the Shanghai justice system should have made the trial more transparent and open to the public. There is no doubt that Yang Jia committed the crime and most Chinese citizens would agree that the death penalty is an appropriate punishment for someone who murdered so many police officers. Therefore, it is not the verdict that is in question, it is the process. By holding a fair and transparent trial, the justice system could have said to both Yang Jia and his sympathizers: while the system failed you once, it has not failed you again. Instead, the questionable choice of a defense attorney and closed door proceedings only confirmed the inequity and injustice inherent in the system, which Yang already understood.

As the CCTV reporter Bai Yansong pointed out, people's lives are important; he asks how the people can expect the government to put the people first and fully respect human life if the people hold up Yang Jia (a killer) as an upholder of justice and righteousness. Police officers died, and their lives should be respected, but that does not mean that people cannot understand Yang Jia's motivations. The huge number of mass incidents in China that come about because of local injustices demonstrates that many Chinese have similar grievances. In fact, a true respect for human life would call on Yang Jia's sympathizers to work to reform the system so that it does run by the motto of putting the people and human lives first, thereby reducing incidents of injustice that can lead to violent consequences.