If you've been thinking about throwing a sex party at your Shanghai flat (who hasn't?), but have been put off by the law, it may be time to dust off those fluffy handcuffs and dig out your crotchless panties. Orgies -- actually group sex of any kind -- is officially illegal in China, but one sexologist and LGBT activist is hoping to change that. 

Li Yinhe (李银河) is China's most well-known sexologist and is the widow of novelist Wang Xiaobo (王小波). She recently announced her propositions to demolish China's ban on orgies as well as a proposal to legalize same-sex marriage at the National People's Congress (NPC) and Chinese People's Political Consultative Conference's (CPPCC) annual session.

The announcement has been published in an article on Li Yinhe's blog on Tianya.cn. 

In the article, Li Yinhe reveals that China's law (Chapter 6, article 301) still criminalizes private gathering activities regarding sex. She suggests this law be removed for good. The law banning orgies states that people involved can be charged for “immoral gathering” and face up to five years in prison.

Freedom of sex shouldn't be judged by anyone or be condemned by law, and law is not there to judge what's moral and what's immoral.

— Jinz13512, netizen

“[This law] used to also criminalize 'hooliganism', which has been taken out and made legal, while 'crimes of immorality' remain,” explains Li Yinhe. “The law is out of date, and it should be removed.”

Li Yinhe's argument

“Sex orgies and swings can often be seen in classifieds in many Western countries, “ Li claims. “As long as it's out of one's own free will, these activities shouldn't be a crime under the law.”

“One should have his/her right to decide what to do with his/her body,” Li continues. “If a person wants to play poker naked in a private venue [an example of a case that has actually been prosecuted under this law], he should have the right to do so. If the law violates such private activities, it's like this person's body is not his/hers but the country's.” 

Li Yinhe also says this law is sexist. In one case where this law was implemented, a defendant, Wang (female) was accused of seducing several men to have sex with her. “Defendant Wang was charged for 'seducing several men,’ but there was no evidence of her initiation. Whether a woman has the right to have more than one sex partner, it's an issue of women's basic rights.”

Li Yinhe calls this law “medieval” and backwards, and as a law that isn't normally enforced anyway, it should be done away with.

The moral debate

The online debate surrounding Li Yinhe’s proposal has become heated, with both those for and against the law backing their stance with a moral argument. 

“It's necessary to have restrictions on sex for our moral perspective,” says netizen Feng Chen Yang Yong.

Ye Jian Xi says she cannot morally accept group sex, but she still doesn't think the law is necessary. However, a netizen called Zhlevle declares, “Five years in jail is light, they should be sentenced 10 years for such a crime.”

"Sex orgies and swings can often be seen in classifieds in many Western countries as long as it's out of one's own free will, these activities shouldn't be a crime under the law."

— Li Yinhe (李银河), sexologist and LGBT activist

User Yang Bing argues that getting rid of this law can mislead people to think “such activities are tolerated by the government.” He goes on to say, “It's sending the wrong messages and it can be dangerous to our families and to our society.”

Tianya user Wo Bu Shi Gao Yang supports Yang Bing's argument. “China is not the United States, and Chinese people have moral restrictions.”

“The sex revolution in the 1960s brought AIDS to the West,” says netizen zx819218. “That proves not everything in the West is advanced. Should we learn the backwards things from them also?”

More comments also aggressively attack Li Yinhe by accusing her of promoting promiscuous lifestyles. “In that case, drugs should be legal also,” says netizen Wu you you.

Not a moral case

In response to the posts criticizing Li Yinhe, netizen Wo shi lai shua di comments, “The proposition does not support certain lifestyles, and Li Yinhe only suggests the issue should not be judged by law.”

Voices supporting the proposition agree that the law is in violation of people's basic human rights. Jinz13512 says, “Freedom of sex shouldn't be judged by anyone or be condemned by law, and law is not there to judge what's moral and what's immoral.”

Although standing on Li Yinhe's side, netizen Xanderm thinks the proposition will fail, because “education has made people of this nation slaves and brain-dead. They love to have more chains on their shoulders and are keen to stay on the same page with their masters.”