Page 103 - Chinese Woman Living and Working
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90 ELAINE JEFFREYS
            sell sex in the lowest two tiers usually do so in return for small sums of money, and
            women in the lowest tier often do so in exchange for food and shelter.
              Although this typology predominantly classifies urban modes of prostitution, and does
            not exhaust the forms of prostitution businesses and practices that exist in the PRC today,
            it nonetheless underscores the complexity of the issues that the Chinese police have both
            identified and subsequently  been enjoined  to address.  For example, two of the  most
            controversial modes of selling and buying sex in present-day China are the practices of
            keeping a ‘second wife’ and ‘hiring a wife’. These practices have become the focus of
            heated public debate because they are explicitly linked to government corruption through
            the embezzlement of public funds and the appropriation of public resources to finance a
            ‘second  home’  and/or  to support a ‘short-term mistress’  (Hu Qihua 2000:2). In
            consequence, many domestic commentators contend that these practices should be made
            the first and foremost subject of China’s prostitution controls because they constitute a
            concrete  expression of  ‘bourgeois right’. That is to say, the diffident policing of such
            practices demonstrates  that government officials both conceive of themselves  and are
            treated as a privileged class who are somehow ‘above the law’, whereas ordinary citizens
            are subjected to the full (moral and penal) brunt of China’s prostitution controls (Pan
            Suiming 1996:52–7).
              Members of the ACWF similarly maintain that the practices of ‘keeping a second wife’
            and  ‘hiring a short-term  mistress’ should  be  made an explicit  target of governmental
            controls,  albeit for somewhat different  reasons. While concurring that  the  continued
            existence  of such practices undermines the credibility of the  CCP as an exemplary
            ‘vanguard party’, the ACWF were actively involved in efforts to see ‘concubinage’ and
            ‘mistress-related corruption’ banned according to the PRC’s new Marriage Law of 2001
            as practices that violate the emotional and economic surety of the marriage contract. I
            stress the notion  of  economic surety  here because foreign  newspaper  correspondents
            tended to portray the ACWF’s efforts as a sign that China is peculiarly ‘anti-sex’, or,
            more  precisely, opposed to sex  in any  form other  than monogamous marital sex.
            However, the underlying logic of the revisions put forward by the ACWF is not so easily
            dismissed, even though those revisions reinforce the institution of the family. According
            to members of the ACWF, many divorces stem from infidelity on the part of men and the
            PRC’s lack of comprehensive legislation regarding the provision of maintenance places
            women in the undesirable position of having to accept marital infidelity or face economic
            hardship (Liu Yinglang 1997:4). Put crudely, therefore, the ACWF’s condemnation of
            practices such as keeping a ‘second wife’ and hiring a ‘shortterm mistress’ is premised on
            the understanding that if men want to ‘have their cake and eat it’, then, they will have to
            pay for the consequences of doing so.
              Adding to such pressure, women’s groups in Hong Kong and Taiwan also called on the
            Chinese government to ban such practices, on the grounds that businessmen from Hong
            Kong and Taiwan who work in the PRC often maintain a ‘second wife’ or a series of
            ‘mistresses’ on the mainland (Kuo  1999;  Lander 2000:4; McGivering 1998:8). These
            concerns not only fuelled the controversy surrounding the promulgation of the PRC’s
            2001 Marriage Law,  they have also  resulted in the formulation of  various  other legal
            stipulations designed to address the practices of keeping or hiring a ‘second wife’. The
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