滕彪文集
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滕彪文集
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·暴力带不来和平,恐怖建不成和谐——就滕彪、李和平事件感言/王德邦
·让滕彪回家、追究国保撞车肇事的法律责任、还被监控公民自由/维权网
·刘晓波:黑暗权力的颠狂——有感于滕彪被绑架
·Article 37 of the PRC Law on Lawyers: A New Trap Set for Lawyers
·Chinese lawyer missing after criticising human rights record
·Chinese Lawyer Says He Was Detained and Warned on Activism
·For Chinese activists, stakes are raised ahead of the Olympics
·To my wife, from jail/Teng Biao
·Beijing Suspends Licenses of 2 Lawyers Who Offered to Defend Tibetans in Court
·National Endowment for Democracy 2008 Democracy Awards
·获奖感言
·司法与民意——镜城突围
·Rewards and risks of a career in the legal system
·太离谱的现实感
·35个网评员对“这鸡蛋真难吃”的不同回答(转载加编辑加原创)
·Dissonance Strikes A Chord
·顺应历史潮流 实现律协直选——致全体北京律师、市司法局、市律协的呼吁
·但愿程序正义从杨佳案开始/滕彪 许志永
·维权的计算及其他
·我们对北京律协“严正声明”的回应
·网络言论自由讨论会会议纪要(上)
·网络言论自由讨论会会议纪要(下)
·Well-Known Human Rights Advocate Teng Biao Is Not Afraid
·法眼冷对三鹿门
·北京律师为自己维权风暴/亚洲周刊
·胡佳若获诺贝尔奖将推动中国人权/voa
·奥运后的中国人权
·Chinese Activist Wins Rights Prize
·我无法放弃——记一次“绑架”
·认真对待出国权
·毒奶粉:谁的危机?
·不要制造聂树斌——甘锦华抢劫案的当庭辩护词
·“独立知识分子”滕彪/刘溜
·经济观察报专访/滕彪:让我们不再恐惧
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·公民月刊:每一个人都可能是历史的转折点
·抵制央视、拒绝洗脑
·公民在行动
·Charter of Democracy
·阳光茅老
·中国“黑监狱”情况让人担忧/路透社
·《关于取缔黑监狱的建议》
·用法律武器保护家园——青岛市河西村民拆迁诉讼代理词
·关于改革看守所体制及审前羁押制度的公民建议书
·仅仅因为他们说了真话
·再审甘锦华 生死仍成谜
·邓玉娇是不是“女杨佳”?
·星星——为六四而作
·I Cannot Give Up: Record of a "Kidnapping"
·Political Legitimacy and Charter 08
·六四短信
·倡议“5•10”作为“公民正当防卫日”
·谁是敌人——回"新浪网友"
·为逯军喝彩
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·这六年,公盟做了什么?
·公盟不死
·我们不怕/Elena Milashina
·The Law On Trial In China
·自由有多重要,翻墙就有多重要
·你也会被警察带走吗
·Lawyer’s Detention Shakes China’s Rights Movement
·我来推推推
·许志永年表
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·开江县法院随意剥夺公民的辩护权
·Summary Biography of Xu Zhiyong
·三著名行政法学家关于“公盟取缔事件”法律意见书
·公益诉讼“抑郁症”/《中国新闻周刊》
·在中石化上访
·《零八宪章》与政治正当性问题
·我来推推推(之二)
·我来推推推(之三)
·國慶有感
·我来推推推(之四)
·国庆的故事(系列之一)
·国庆的故事(系列之二)
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·我来推推推(之五)
·我来推推推(之六)
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·作为反抗的记忆——《不虚此行——北京劳教调遣处纪实》序
·twitter直播-承德冤案申诉行动
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·不只是问问而已
·甘锦华再判死刑 紧急公开信呼吁慎重
·就甘锦华案致最高人民法院死刑复核法官的紧急公开信
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·DON’T BE EVIL
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The Supremacy of the Constitution, and Freedom of Religion

The Supremacy of the Constitution, and Freedom of Religion
   -- Joint Defence Plea in the Case of Wang Bo, Wang Xinzhong and Liu Shuqin
   
   By Li Heping, Teng Biao, et. al.
   

   We are the lawyers Li Heping and Li Xiongbing of the Beijing Globe (Gaobo Longhua) Law Firm, Zhang Lihui and Li Shunzhang of the Beijing Giant & Goal (Guogang) Law Firm, Teng Biao of the Beijing Huayi Law Firm, and Wu Hongwei of the Beijing Humane (Haiming) Law Firm. We were engaged by Ms. Han Lingrong to serve as defence counsel for Han Lingrong's granddaughter, Wang Fu, her son-in-law, Wang Xinzhong, and her daughter, Liu Shuqin. In view of the fact that we share the same client, and that the three defendants are three members of the same family and all are believers in Falun Gong; and given that, moreover, they have been charged and sentenced for the same crime under the same set of facts; and that the defence counsel all acknowledge the extreme importance of religious freedom to politics and morality and in maintaining human freedom and happiness; and in view of defence counsels' hope that consideration of the topic of religious freedom should be shifted from the dangerous and sensitive domains of religion and politics to a more circumspect and rational legal forum; and, moreover, in view of our conviction that the Republic's bank of justice will not be bankrupted by honouring its cheque of Constitutional rights, we submit the following joint defence plea:
   
   Part One: Reaffirming the universal principles involved in this case
   
   1) We reaffirm the universal principle of freedom of religion involved in this case
   
   Taken as a group, human beings are distinguished by society and culture; as individuals, human beings need psychological, emotional and mental solace and a spiritual life. Different living environments, historical opportunity, cultural nurturing and life experience have given rise to different forms of religious faith. We believe that religious freedom is in inalienable right of all human beings, and that it is an important factor in preserving human development and improvement of character. The right to religious beliefs is like the right to life: it is self-evident. The citizen's right to religious freedom was first affirmed in law in the year 313 AD under the Edict of Toleration (Edict of Milan) jointly signed by the Roman rulers Constantine the Great and Licinius I. This edict stipulated for the first time that all religious beliefs enjoyed the same freedom without discrimination. However, humanity underwent extremely arduous struggle and grievous sacrifice until religious freedom was finally established as a universal rule. In 1948, the United Nations General Assembly stipulated in Article 18 of the Universal Declaration of Human Rights:
   
   Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
   
   In November 1987, the UN General Assembly passed the "Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief," which states in part:
   
   No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice. Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others.
   
   Article 36 of the PRC Constitution also explicitly safeguards religious freedom.
   
   Religious freedom undoubtedly encompasses three safeguards: First, the principle of religious freedom; that is, the object of a citizen's beliefs, the religion itself, has the right to exist and develop. Second, the principle of freedom of conscience; that is, every citizen is free to choose whether or not to believe in any particular religion, and has the freedom to practice religion or engage in religious activity in whatever form. Third, the principle of separation of church and state; no group, party, organisation or individual, including any religion, can use violence or any other rights-infringing means to interfere with the right of a religion to survive and develop, nor can violence or other rights-infringing means be used to interfere with a citizen's belief in any religion, his freedom to believe or not, or his freedom to practice religion in any form or to participate in religious activities. None of these three are indispensable or inseparable from the others. "Freedom of religious belief," "religious freedom," "freedom of conscience" -- these three phrases are interchangeable in everyday parlance.
   
   We believe that religious freedom means allowing each individual the freedom to choose among various forms of religious belief, whether a large, established religion or a relatively small and developing religion; whether an existing denomination or a newly-created belief system; whether atheistic, theistic, polytheistic or agnostic. Whether one believes in the "truth, virtue and tolerance" of Falun Gong, or in God or Allah, these beliefs, like those relating to Guan Gong or the Buddhist concept of Emptiness, fall under the religious freedom of which no one can be deprived. At the same time, a citizen's practicing of all forms of religion and participation in all kinds of religious activities is safeguarded within religious freedom; if a citizen is deprived of the freedom to practice religion or participate in religious activities, religious freedom is nothing more than empty words on paper.
   
   2) We reaffirm the principle of separation of church and state involved in this case
   
   In world history, in the benighted era before politics became civilised, a complex relationship existed between religion and state power. Some religions were established as orthodox, while others were disparaged as heresies or cults; some were established as state religions, while others suffered brutal suppression and bans; and some religions were simply merged into the ruling regime, with all other religions being exterminated. With the development of political civilisation, freedom of belief was ultimately established. The Virginia Statute of Religious Freedom drafted by Thomas Jefferson affirms the inalienable and God-given right to believe any religion without persecution, and asserts that allowing government power to extend into the religious domain will quickly lead to the forfeiture of all freedom of religion and conscience. Jefferson criticised the unification of church and state in history:
   
   The impious presumption of legislators and rulers, civil as well as ecclesiastical, who, being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavouring to impose them on others, hath established and maintained false religions over the greatest part of the world and through all time.
   
   Jefferson proposed and perfected the theory of separation of church and state, and applied it to practical politics. The separation of church and state means that all religions are equal before the law, and that none are predominant over or subservient to others. It can be divided theoretically into two parts: First is the intrusion of the church into political power; any religion is forbidden to seize secular power through establishment as a state religion. Second is the intrusion of secular power into religion; rulers are forbidden to use the church to interfere in the religious freedom of the people, or to use religious beliefs to increase the political legitimacy and stability of the regime. The posing of the principle of separation of church and state represented a liberation of thought in human history. Its ultimate implementation established a dividing wall between politics and religion. It means that religious belief is a matter of individual choice and free will, that there is no crime in propagating religion, and that no power has the right to interfere in a voluntary act of faith. In the final analysis, it means that people have the freedom to believe in a "cult," or at the very least that they will not be deprived of their personal freedom because of this belief. It can be said that "cults" make up the majority in this world on the basis of the exclusivity of religious doctrines: every denomination and faith proclaims itself to be the one true faith, which by implication reduces the rest to "cults" or "heresies." In the eyes of an atheist, all beliefs in any kind of god are cults.

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