滕彪文集
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滕彪文集
·Uncivil/ The Economist
·《回到革命》编选说明、封面设计说明
·习近平为何清洗人权律师
·Why Xi Jinping is Purging China’s Human Rights Lawyers
·CCP party has an exaggerated fear of a color revolution
·維權律師享受和集權者鬥爭樂趣
·Toast at the Stateless Breakfast
·"China é responsável por 90% das execuções mundiais"
·敗訴多於勝訴的名律師(上)
·敗訴多於勝訴的名律師(下)
·China's international relations at a time of rising rule of law challe
·Seven Chinese activists wrote to the Dutch King
·七名中国民主人士致信荷兰国王
·專訪維權律師滕彪對中國法治人權的解讀
·中共的政治株连
·Dictatorship is a Decapitator, Whether it Tortures You or Treats You W
·Innocence project movement in China rises to aid the wrongfully convic
·好處沙龍【選後台灣如何面對中國巨變】
·“你恐惧,中共的目的就达到了”
·SOME QUESTIONS FOR PRESIDENT OBAMA TO ASK PRESIDENT XI
·Book Debate Raises Questions of Self-Censorship by Foreign Groups in C
·Leaked Email: ABA Cancels Book for Fear of ‘Upsetting the Chinese Gov
·Is the ABA Afraid of the Chinese Government?
·Middle way should not be the only voice: Chinese activist to Tibetans
·Middle way not the only way for Tibet, says Chinese rights lawyer
·被曝光的电邮:怕惹恼北京美国律师协会取消出版《黎明前的黑暗》
·美律协违约拒为滕彪出书 国会要求解释
·高智晟:ABA和滕彪哪個更應該強大
·Lawmakers Pounce After ABA Scraps Book by China Rights Lawyer
·American Self-Censorship Association/WSJ
·An interview with China’s foremost rights lawyer Dr Teng Biao
·纽约时报:中国律师新书命运引发在华NGO自我审查争议
·Is China Returning to the Madness of Mao’s Cultural Revolution?
·The Conundrum of Compromise/Robert Precht
·Congress Still Calling Out ABA Over Canceled Book Deal
·No country for academics: Chinese crackdown forces intellectuals abroa
·中共血債大於其他專制國家
·江绪林之死反映中国知识分子精神痛苦唯有自杀寻求解脱
·"THERE WILL ALWAYS BE SOME BRAVE ACTIVISTS WHO REFUSE TO KEEP QUIET"
·“你们全家都是共产党员!”
·滕彪和江天勇获第25届杰出民主人士奖
·访滕彪:中国司法何以如此“高效率”
·'China wacht een revolutie, ik hoop een vreedzame'
·Arrestatiegolf China toont angst van regime
·ENTRETIEN AVEC LE DéFENSEUR DES DROITS DE L'HOMME TENG BIAO
·Le Parti communiste chinois est confronté à une série de crises
·英媒:遭受打击 中国知识分子被迫出国
·709 Crackdown/ Front Line Defenders
·Cataloging the Torture of Lawyers in China
·南海仲裁的法理基础及其对中国的政治冲击
·the Comfort of Self-Censorship
·G20前夕美国家安全顾问会晤中国人权人士
·Chinese dissidents urge Obama to press Xi Jinping on human rights at G
·China blocks major civil society groups from monitoring G20 summit
·Open Letter to G20 Leaders attending the 2016 G20 Summit
·自我审查的自我安慰/滕彪
·细雨中的独白——写给十七年
·Rights lawyers publicly shamed by China's national bar association
·沉默的暴行
·中共“长臂”施压 维权律师滕彪妻子被迫离职
·除了革命,中国已经别无道路
·高瑜案件从一开始就是政治操控
·毛式文革与恐怖主义之异同——国内外专家学者访谈
·最高法维护狼牙山五壮士名誉 学者批司法为文宣服务
·滕彪和杨建利投书彭博社 批评美国大选不谈中国人权议题
·“未来关键运动的发起者可能是我们都不认识的人。”
·政治因素杀死了贾敬龙
·中国维权人士在达兰萨拉与藏人探讨“中共的命运”
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·滕彪談廢死
·滕彪:酷刑逼供背後是国家支持的系统性暴力
·在黑暗中尋找光明
·专访滕彪、杨建利:美国新法案 不给人权侵害者发签证
·海内外民主人士促美制裁中国人权迫害者/RFA
·A Joint Statement Upon the Establishment of ‘China Human Rights Accou
·关于成立“中国人权问责中心”的声明
·Group to Probe China's Human Rights Violations Under U.S. Law
·The Long Reach of China to Silence Its Critics
·王臧:极权主义,不止是“地域性灾难”
·Trump has the power to fight China on human rights. Will he use it?
·纪录片《吊照门》
·「吊照门」事件 引发法界震盪
·脸书玩命想进中国/RFA
·中国反酷刑联盟成立公告
·德电台奖冉云飞滕彪获提名
·中国维权律师:风雨中的坚持
·Harassed Chinese rights lawyer still speaking out on Tibetans’ plight
·Beijing Suspends Licenses of 2 Lawyers Who Offered to Defend Tibetans
·VOA连线:中国反酷刑联盟成立,向酷刑说“不”
·Announcement of the Establishment of the China Anti-Torture Alliance
·Chinese Court Upends 13-Year-Old Rape, Murder, Robbery Convictions
·中共迫害律师的前前后后
·Scholars Return to YLS to Discuss Human Rights Advocacy in China
·Abducted Activists
·中国的民间反对运动与维权运动
·Conversation on China’s human rights: Professor provides first hand a
·Exiled Chinese lawyer says the country is moving toward a new totalita
·VOA时事大家谈:抓律师两高人大邀功,保政权司法第一要务
·滕彪讲述被绑架和单独关押的经历
·Chinese human rights lawyer stresses the duty to resist
·山东“刺死辱母者”案,为何引发民意汹涌?/VOA
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China’s Empty Promise of Rule by Law


   A shorter version of the article appeared in Washington Post on December 28, 2014.
   http://www.washingtonpost.com/opinions/chinas-empty-promise-of-rule-by-law/2014/12/28/16dc04ec-8baf-11e4-a085-34e9b9f09a58_story.html
   
    Here is the full text.

    http://chinachange.org/2015/01/06/chinas-empty-promise-of-rule-by-law/
   
   I’m afraid that those of you who excitedly applauded the Communist Party’s rehashing of the term “governing the country according to the law” have forgotten the famous words of Foreign Ministry Spokesperson Jiang Yu, who once warned sternly, “Don’t use the law as a shield.” I don’t understand why some people only remember the pleasant words they speak and but forget their blatant opposition to universal values; why some people are always willing to believe what they say, but disregard all the things that they do. The Communists once boasted wildly about “liberty and constitutional democracy” before they violently seized political power and established a frightening totalitarian rule, but they have since opposed judicial independence, democratic elections, freedom of press and freedom of belief. They have not ratified the International Covenant on Civil and Political Rights (ICCPR), and they refused to nationalize the military.
   
   It is not the first time they come out with the banner of “governing the country according to the law.” In 1997, “governing the country according to the law” was written into the Report Delivered at the 15th Congress of the Communist Party of China, in 1999 it was written into the Constitution. But it was in 1999 that they launched the savage oppression of the Falun Gong, with hundreds of thousands of Falun Gong practitioners illegally taken into custody and subjected to torture, with more than 3,700 people persecuted to death. Since Xi Jinping came to power, no fewer than 400 rights defenders and intellectuals have been thrown into prison for political reasons. Properties have been forcefully expropriated or demolished, free speech has been restricted, religion has been suppressed, women have been forced to have abortions, the judiciary has been fraught with scandals, and the incidence of torture has multiplied. These abuses have never stopped, but have grown in intensity. In Xinjiang and Tibet, the authorities have been perpetrating one shocking human right catastrophe after another.
   
   It turns out that the Chinese Communist Party’s “governing the country according to the law” is not the rule of law you and I understand. The essential element required for rule of law — using the law to limit the authority of the government–was exactly what the Communist Party opposes ideologically and in practice sternly guards against. The rule of law that they talk about in reality is “Lenin + Emperor Qin Shi Huang,” modern totalitarianism combined with the pre-modern Chinese “legalism,” which is nothing more than a tool to further control of society. Or in the Party’s own language, public security organs are the “knife hilt” of the Communist Party. In the “Resolution” of the Party’s recent Fourth Plenum, the term “Party’s leadership” appears at least 17 times. The rule of law is superimposed by the rule of the Party, and there is not a shred of doubt about this.
   
   In China, the legislative organs controlled by the Communist Party have promulgated volumes and volumes of statutes. The judicial organs, also controlled by the Party, are busy dealing with cases. The legal professions, including lawyers, have been developed. However, the question remains: Is the law at the center of the governing order? In the words of Professor Fu Hualing (傅華伶), in addition to China’s legal processes, there are a large number of extra-legal processes, such as re-education through labor, shuanggui (an extralegal system within the CCP for detaining and interrogating cadres), and media restrictions, and then there are the extra-extra laws, such as house arrest, black jails, etc., not to mention all the illegal methods of governance: secret police, chengguan (a para-police force that works with police across the country to help enforce minor city rules and regulations), illegal detentions, monitoring and spying on citizens, extra-judicial torture, forced disappearances, internet police, and gangs. Think about it. Without these tools, how long could the Communist Party continue to rule?
   
   Together with things such as the Three Represents and Harmonious Society, “governing the country according to the law” is Communist Party’s yet another attempt to address the crisis of legitimacy. These slogans have gone quite a way in reaching the Party’s goal of tricking people within China and the international community. However, legitimacy in contemporary politics can only come via the recognition given through free elections. But the Communist Party wants to cling to one-party rule, and it completely rejects general elections, even in the Hong Kong Special Administrative Region. It’s not difficult to understand why that real rule of law would necessarily mean the end of the one-party system. This is the limitation on the legalization process that began in the late 1970s that cannot be overcome.
   
   I must admit that the term “governing the country according to the law” is different from other clichés in that it provides “rhetoric room” for citizens defending their rights “according to the law.” Over the past 10 years, I and other human rights defenders have consistently used existing laws to carry out our human rights work, and occasionally we’ve been able to achieve success in some legal cases. However, the limitations are obvious. The authorities have rejected any significant reform of the judicial system or democratization, and whenever they feel a threat from civil society, they suppress more and harsher. I myself have had my lawyer’s license revoked, have been expelled from my university, and have been kidnapped and disappeared several times. When the security police were torturing me, they shouted, “Don’t talk about any of this law stuff with us.”
   
   In enumerating progresses being made in China legal system, people pointed out the fallen number of death sentences, the new criminal procedure law, the abolishment of reeducation through labor, reform of the local court system, government’s willingness to provide information, and the ongoing anti-corruption campaign. To begin with, it is questionable whether or not most of the above are actually progresses in the legal system. Even if they are, the major driving force for these changes has been the people, each a result of the probing, pressure and paying price by rights lawyers, democracy activists, and the countless Chinese on the lower rungs of society.
   
   Xi Jinping once talked about locking up power in a cage, but this is not much different than a magician wrapping an iron chain around himself. In reality, what they would like to do, are doing and want to do, is to lock the people up in a cage. The APEC meeting that just concluded in Beijing has allowed people around the world to experience the power of “governing the country according to the law.” In Huairou, close to 9,000 homes were demolished, cars from outside the city were not allowed to enter Beijing, electric motor scooters were forbidden from being on the streets, stoves within a 5km circumference of the meeting center were prohibited, milk companies had to temporarily stop delivering milk, and express mail services were not allowed to deliver packages to Beijing. In Hebei, more than 2,000 companies were ordered to stop production, Tianjin cut off heating, street peddlers were driven away, a large number of human rights petitioners were detained, and even marriage registration offices of Beijing municipal government temporarily stopped operating, and crematoriums were ordered not to cremate the dead.
   
   From between the lines of Party documents, sycophants inside and outside China are able to imagine a “spring for rule of law” that doesn’t exist while ignoring human rights disasters suffered by Ilham Tohti, Xu Zhiyong, Cao Shunli, Gao Zhisheng, Uighurs, Tibetans, petitioners, Falun Gong adherents, and house churches. The kind of selective blindness has hindered Western readers and politicians from understanding the reality in today’s China. It’s no surprise that this type of seemingly even-handed wishful thinking has become the excuse for Western governments to adopt short-sighted policies of appeasement in dealing with autocratic regimes and for favoring trade over human rights.

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