Editorial: China’s opaque justice system, tighter social control harming its own interests

For the Chinese authorities to hold someone over an extended period without explaining what laws have been violated can only spread anxiety among foreign residents in China.

Chinese prosecutors have indicted a Japanese employee of the local subsidiary of Tokyo-based Astellas Pharma Inc. on charges of espionage. The man, an executive at the subsidiary, was detained by national security authorities last March, just before his planned return to Japan. He was subsequently arrested in October. As his trial proceedings begin, there is growing concern that he may face prolonged detention.

Beijing has not disclosed the specifics of the charges. It emphasizes that it is investigating illegal activities as a rule-of-law state. However, the lack of transparency in the judicial process cannot be seen as anything but disregard for human rights, which is absolutely unacceptable.

In 2014, China enacted an anti-espionage law prohibiting the theft of state secrets, among other activities. Since then, at least 17 Japanese nationals have been detained, five of whom have yet to return home. The Japanese government must persistently press Beijing for their quick release.

Under the leadership of Xi Jinping, who prioritizes “national security,” social control in China has intensified. Last year, the anti-espionage law was amended to expand the scope of espionage activities to include the theft or provision of documents and data related to “national security and interests.” However, the vague definition of these terms increases the risk of arbitrary enforcement by the authorities.

In July this year, regulations were updated to explicitly grant authorities the power to inspect individuals’ electronic devices. This has sparked concerns among Japanese companies that their computers and smartphones might be examined upon entry into China, leading some to refrain from business trips there or from bringing such devices into the country.

The crackdown on suspected espionage has also affected businesses from the United States and Europe, accelerating the trend of economic “decoupling” from China. Direct investment in China in 2023 dropped by 80% compared to the previous year. In addition to China’s economic downturn and Washington-Beijing tensions, the increased social control cannot be overlooked as a factor reducing the enthusiasm of foreign investors.

This situation also casts a shadow over academic exchanges. There have been multiple cases of Chinese researchers enrolled at Japanese universities going missing during what were supposed to be brief return visits to China. As a result, many Japanese researchers are now avoiding travel to the country.

If the current situation of opaque law enforcement is not addressed, international mistrust will only grow. The Xi administration must recognize that prioritizing “national security” is ultimately harming China’s own interests.