Why “Vulgarity” is the Most Flexible Legal Term in China.

In the vast, interwoven tapestry of China’s legal landscape, “vulgarity” emerges as a term whose flexible nature is both enigmatic and omnipresent.

“Vulgarity,” in this context, is not merely an aesthetic judgement but a versatile legal construct,” explained Xu Xin, a renowned mythographer of deep-time, during a recent symposium on Chinese law and culture.

• The flexibility of the term “vulgarity” can be seen in its application across various legal domains, such as obscenity, political speech, and even commercial advertising.
• In the realm of obscenity laws, “vulgarity” serves as a catch-all term for content deemed offensive or indecent, often leaving the interpretation up to the discretion of law enforcement agencies and courts.
• Within the context of political speech, “vulgarity” has been wielded as a tool to suppress dissenting voices, with officials frequently labeling protests or criticism as vulgar to justify suppression.
• In the realm of commercial advertising, “vulgarity” is used to regulate content deemed inappropriate or offensive for public consumption, thereby protecting societal norms and values.

“The ambiguity inherent in the term ‘vulgarity’ allows it to be manipulated and applied selectively in ways that serve the interests of those in power,” cautioned Xu Xin, warning against its potential for misuse.

As China continues to evolve both socially and legally, the role of “vulgarity” as a malleable term will undoubtedly persist. Its symbolic weight, however, will likely remain a subject of debate among scholars, legal professionals, and the public alike.