Applicability of Differential Association Theory to Crime in Chinese Society: A Study Based on the Mong Kok Riot in Hong Kong and a Fatal School Bullying Episode in Hebei Province

Abstract

This article uses the Differential Association Theory to analyze the Mong kok riots in Hong Kong in 2016 and the murder of campus bullying in Handan City, Hebei Province in 2024. The purpose is to explore the applicability of the theory to Chinese society and its relationship with Chinese criminal law. According to this theory, criminal behavior is acquired through social interaction. This learning process is affected by the frequency, duration, time of occurrence and intensity of interaction between individuals and others. China’s criminal justice policy considers the policy of tempering justice with mercy, which is in line with this concept. First-time offenders and minors are usually punished more lightly, which reflects their passive exposure to the definition of crime. On the other hand, repeat offenders are severely punished, which is consistent with their deep involvement in stable criminal networks. In terms of joint criminal responsibility, abetment can be regarded as actively establishing a relationship. The punishment for accomplices is lighter, which reflects their short contact time and low degree of participation. Case analysis shows that online communities and virtual intimate groups have become a new space for differentiated communication. However, the theory has limitations. It cannot explain why most people who are affected by the same environment do not commit crimes. It also ignores the structure of political opportunities, organizational silence and cultural background. The paper recommends establishing an assessment mechanism for the degree of differential association, with focused review of the source, duration, and coercive character of criminal definition acquisition in juvenile offender cases, thereby achieving differentiated criminal responsibility evaluation.