You stated that kissing and holding hands would get you a death penalty in China during the 80s. It is completely false and an outrageous accusation. Now, you decided to claim that hooligan crime has no strict standard and was used to shape behavior. This is a complete different accusation.I don't plan to waste too much time on this issue(It also deviates from the theme too much. I just want to say the long-standing conservative atmosphere in China), because the cost of checking relevant papers is very high:
A 1985 paper elaborated the problems in the punishment of "hooligan crime". The biggest problem is that there is no strict standard for "other hooliganism", which leads to any behavior that is intolerable to conservatives will be reported as "hooliganism".
For convenience, I reprint the article of Luo Xiang(罗翔), a famous Chinese legal authority:
He mentioned many details, for example, the family dance was considered to be a mass sexual act at that time, the invitation of women as human models in painting was considered as a "hooligan act", and even the temporary cohabitation of men and women was considered as a "hooligan act".
You may think that some defendants are indeed too "licentious", but I agree with this legal scholar that "hooligan crime" has too strong moralistic color, so no matter how many judicial interpretations are made, it will lead to a legal provision with too broad management scope.
I don't have the energy to look up those newspapers, magazines, periodicals, papers and news. If you think this is not enough, then I won't waste time again.
At the time of 80s, there were enormous changes in China. Crimes were skyrocket and people started to break boundary. It is inevitable that some people would get into trouble for breaking boundary such as the civil rights movement in the US and women rights movement in the West. With or without hooligan laws, there would be pushed back from the society for changes. Your accusation and attempt to make it like this kind of things that are uniquely Chinese is laughable.
Firstly, you make an outrageous accusation out of no where with nothing to back you up. Secondly, you generalize conservatism as something that uniquely Chinese. Lastly, Hooligan laws were a response to a turbulence period of Chinese development. A time when the nation is under enormous pressure to find a way forward and a time when crimes and inflation were out of control. Extreme time needs extreme measure.
To be honest, I don't think hooligan law has been applied fairly or balance. Many people probably would only get a detention for what they did during 80s if it happened now. However, without a tough on crime during the 80s and 90s, the Chinese society would have been in serious trouble as mafia would rule the streets with guns and machine guns. You only think about how hooligan law might have applied unjustly but without thinking about without hooligan law and tough on crime what would have happened to the Chinese society. Forming an opinion of a past event without taking into consideration of the history aspect of such event is just the most unfair and unbalance way of analyzing a law.