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郭国汀律师专栏
***政治学研究
·政治的基本概念
·正义的学说
·正义的第一原则:政治权力的合法性
·正义概念的进化与发展
·人民反抗暴政的革命权利
·当代世界政治现状
·独裁专权(即威权)与独裁统治及极权暴政
·政治权力的限制与平衡原理
·政治文化与政治
·什么是政治形态
·民主法治及权力
·True meaning of the Republicanism
·Judicial Independence and Canadian Judges
·如何制约流氓暴君下屠杀令扑灭宪政民主大革命?
·关于成立临时或流亡政府我的原则与立场
·公平游戏规则公平竞争是第一价值原则
·中国民主运动要不要遵守公平游戏规则?
·中国民运长期四分五裂的根源何在?
·郭国汀:唯有程序正义才能根治中国民运四分五裂顽症
·民运内部必须是平等尊重基础上充分争论协商妥协式的真诚合作
·自私是否人的本性?
·暴君与暴政
·暴力革命与和平演变的前提与条件
·关于暴力革命答深山质疑
·勇敢地参政议政吧!中国律师们!/郭国汀
·语言风格——关于袁红冰改良还是革命的争论
·就袁红冰之《改良还是革命》与申先生的论战/郭国汀
·英雄人格哲学—袁红冰《自由在落日中》读后
·划时代的政论——简评袁红冰《改良,还是革命?》
·为什么袁红冰之《改良,还是革命?》是划时代的政论?
·再论政治案低调消音妥协辩护论的严重危害性
·再论政治案件低调消音妥协辩护论的危害性引起争论
·政治案辩护律师的最佳策略
·驳政治肮脏论
·文字狱与极权专制体制
·暴政与人种的优劣/新南郭
·虚伪是极权专制的必然付产品
·极权专制政体与思想家
·最暴虐无道的政府!/南郭
·郭国汀:歌功颂德或批评批判?
·判断一个政权合法性的公认标准
·判断政府合法性的普世公认标准 郭国汀
·中国律师理所应当关心政治 郭国汀
·政治体制的根本问题
·中国的前途在于专制改良还是政治民主革命?
·西方现代政治民主的基本要件
·郭国汀: 政府无权杀人!
·政府绝对无权武力镇压(屠杀)和平集会示威游行或罢工的公民
·国民有权推翻暴力镇压(屠杀)和平抗议民众的任何政府
·中国历史上不存在极权
·民主政治的终极目标是自由——答尼采黄昏君的质疑/南郭
·极权专制独裁者与知识分子
·与网友谈论民主政治与政权合法性
·政府不得滥杀和平请愿公民的最新国际公约
·中共极权专制暴政祸国殃民绝对乏善可陈
·郭律师评价中国律师诉讼及司法体制现状
***(40)宪政研究
·什么是宪政?
·什么是共和?
·宪政的实质
·分權制衡理論的历史淵源
·中国自由文化运动与宪政研究
·The Arguments For and Against the Notwithstanding Clause
·Freedom is not free but it is costly
·宪法改革的设想 南郭提要
·联邦共和民主宪政体制是美国经久强盛不衰的原因
·党化党控教育是中共祸国殃民的一大罪恶
·立宪时代的法政哲学思考提要
·有限政府与法治宪政
·联邦主义要旨
·It’s Not Patriotic to Violate the Constitution
·An Imperial Presidency Based on Constitutional Quicksand
·US Constitution revolution for real democracy
·One of the major writer whose legal thought Influence the Americas Founding Fathers
·Beyond the Constitution
·Philosophy Constitutionalism
·USA Constitution is in grave danger
·Constitutional Interpretation
·The Bill of Rights
***(41)民主研究
·美国宪政民主的基本要素
· 政治民主机制的最新发展--监督民主
· 序《民主导论》
·民主的真实含义
·自由宪政民主政治的七项实质要件
·民主的实质
·谁是真正的人类政治民主之父?
·民主就是[山头林立]?!
·共和比民主更为根本
·共和民主宪政要旨
·什么是联邦主义民主宪政?
·我的民主朝圣之旅
·民主的灯塔永放光茫
·古希腊雅典民主政体
·伯拉图亚里士多德论古希腊民主体制
·伯拉图论共产主义
***(39)法治研究
·法治论/郭国汀
·自然法原理
·法律的定义
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中国政治言论自由的真实现状-我的亲身经历(英文)


   The True Situation of Free Speech in China
   My personal story

   By Guoting Guo
   4 November 2007 in Copenhagen, Denmark
   Ladies and Gentlemen,
   Good afternoon! I feel great honor to have the opportunity to make a speech in the conference. I am not going to make a detail academic study, but tell you my personal story which prove the true situation of political speech in China.
   Please allow me introduce myself first:
   1.0 I am a human rights lawyer seeking protection in Canada against the CC, which has persecuted me repeat and subjected me to a danger of torture and a risk of cruel and unusual treatment on the basis of my political opinions and my membership in a particular social group, namely, political dissidents.
   1.1 I believe that it is precisely for my commitment to the rule of law that I have been persecuted by the CCP and that I continue to be at risk of torture and cruel and unusual treatment or punishment in China.
   1.3 Domestic and international colleagues alike have supported my work as a lawyer, a law professor, an arbitrator, a judge and an author of a dozen books and over four hundred articles. International recognition of my legal work includes:
   a. Maritime Lawyer of the Year Award 2001-2002 by Legal 500 Asia;
   b. Invitation to be a visiting scholar at Columbia University School of Law in 2005-2006;
   c. Public appointment on 16 June 2005 as judge to an international tribunal in Washington D.C. to try the Chinese Communist Party (‘CCP’); and,
   d. “Search for Justice” Award in Vancouver, B.C. on 17 July 2005.
   SUMMARY
   2.0 I come from a family of landowners and political dissidents. My grandfather was a landowner. My father was a member of Guo Ming Dang, a traditional opposition party. My mother was a member of San Qin Tuan, also a longstanding opposition party. My family’s status as landowners and dissidents led to unfair treatment under the Communist regime. We were labeled a "black five family," which deprived us of the full enjoyment of our rights and privileges in our employment, education and political life.
   2.1 I expressed dissenting political opinions as a university student and then as a professional, which led to my being subjected, on repeated occasions, to persecution and cruel and unusual treatment by the Chinese government. Measures taken against me for my beliefs and my work included:
   e. Twenty-one days’ arbitrary detention in a mental hospital, between 19 February and 10 March 1984, at the orders of the CCP Secretary of Jilin University Law School;
   f. One-year revocation in 1988 of my licence to practice law, by the Fujian Judicial Bureau;
   g. Prohibition on two occasions, in 1987 and 1990, from pursuing an LL.M. at Shanghai Maritime University, by the Fujian Judicial Bureau;
   h. Prohibition, on four occasions, in 1987, 1988, 1989 and 1990, from taking the TOEFL (English-as-a second-language) exams;
   i. Prohibition between 1987 to 1999 to study in England on a program organized by the Judicial Ministry of China, although I was the only qualified applicant in Fujian province during that time;
   j. Revocation of my licence to practice law for a total of six months between 1995 and 1996, by the Fujian Judicial Authority, to be reinstated only if I “self-criticized,” which I finally did in February 1996, leading to the reinstatement of my law licence one or two months later;
   k. Threat against my life in 1998 by the Fujian Police Bureau;
   l. Revocation of my Internet Protocol address on three occasions in 2003 and 2004, by the Chinese Judicial Minister;
   m. Threats and warnings by the Shanghai Judicial Bureau, Police Bureau, Secret Police on thirty-one occasions between 2003 and 2005 to give up my human rights cases;
   n. Threat against my clients, a newspaper and a big insurance company, to fire me as legal counsel, in October 2003, by the Shanghai Police Bureau;
   o. Arbitrary police investigation in November 2003 into my firm's bank account; and,
   p. Offer of bribery by the Chief Officer of Shanghai Judicial Bureau in October 2004 to give up my human rights practice in exchange for referrals in maritime cases.
   2.2 The most recent measures taken against me by the CCP took place between 6 March and 20 May 2005, when I was unlawfully detained on the basis of a charge of “gather many people to disturb the social order” then a verbal, unofficial criminal charge of conspiracy to overthrow the government, unlawfully investigated, unlawfully detained and placed under house arrest while on unofficial bail, for acting as legal counsel to six Falun Gong practitioners. Those most recent measures against me include the following:
   q. Unlawful seizure of my office computer and documents, at 9 a.m. on 23 February 2005, by the Shanghai Judicial Bureau;
   r. One-year revocation of my licence to practice law on 4 March 2005, by the Shanghai Judicial Bureau;
   s. Unofficial, verbal criminal charge of conspiracy to overturn the government on 6 March 2005, by a police officer;
   t. Unlawful criminal investigation without any written charge ever being laid, beginning at 8 a.m. on 6 March 2005 with forced entry into my home, search of my house and that of members of my family, and seizure of my computer, all my human rights files, other documents and my personal journal;
   u. Unlawful interrogation based on an unofficial, verbal charge of conspiracy to overthrow the Government at the police station for six hours on 6 March 2005;
   v. Unlawful seizure of my cell phone and unlawful disconnection of my home telephone line between 6 March and 26 March 2005;
   w. Verbal threat by police enforcement officers on 26 March 2005 that if I informed anyone of the circumstances of my arrest and detention, my cell phone and home telephone line would be seized and disconnected again;
   x. Unlawful detention under house arrest while on unofficial bail for unofficial charges of conspiracy to overturn the government, between 6 March 2005 and 20 May 2005 (24-hour surveillance of the home and of family members by more than 20 enforcement officers between 6 March and 26 March 2005 and 24-hour surveillance of the home and of family members by more than eight enforcement officers between 26 March and 20 May 2005);
   y. Interrogation at the police station every day between 6 March and 26 March 2005;
   z. Coercion by the CCP on 19 May 2005 to sign a written pledge that included the following prohibitions:
   i. Never taking on any human rights cases;
   ii. Never contacting anyone involved in any human rights cases;
   iii. Never referring counsel to human rights cases;
   iv. Never offering legal aid to political clients;
   v. Never attending any protests against the CCP;
   vi. Never contacting any organizers of Falun Gong practitioners while abroad;
   vii. Never contacting the Chinese branch of PEN or any other similar organizations;
   viii. Never joining any non-governmental organizations (NGOs) or attending any NGO activities or to accept any NGO sponsorship;
   ix. Not speaking at the academic meeting for which I was accorded a visa to Canada;
   x. Not contacting any person who is not related to my pursuit of academic research or employment for which I was accorded a visa to the United States;
   xi. Never publishing any political materials, especially those critical of the CCP;
   xii. Never speaking to any non-Chinese media; and,
   xiii. Never speaking about Chinese politics and legal system.
   Police officer threatened me on 9 May 2005 that I should never practice law anywhere in China ever again;
   Police officer threatened me on 9 May 2005 that I should never teach law as a professor at any university in China ever again;
   Police officer threatened me on 9 May 2005 that I should never repeat the circumstances of my arrest on 6 March 2005 and following events;
   Police officer threatened me on 9 May 2005 that I would be officially charged with conspiracy to overturn the government if I broke any of the above-noted prohibitions.
   In direct opposition to the above-noted prohibition by the CCP:
    I am publicly describing the circumstances of my persecution in China;

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