滕彪文集
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滕彪文集
·VOA时事大家谈:维权/维稳
·和平香港行動呼籲
·沉默的吶喊
·Head Off a Tiananmen Massacre in Hong Kong/Yang jianli,Teng Biao,Hu ji
·滕彪被中国政法大学除名 因参与新公民运动
· Ilham Tohti should get the Nobel peace prize, not life in prison
·受难的伊力哈木
·香港人不会接受一个假选举
· Chinese activist scholar Teng Biao on how Occupy Central affects main
·大陆法律人关于支持港人真普选和释放大陆声援公民的声明
·« Révolution des parapluies » contre Pékin / Teng biao
·We Stand With You
·从占领中环到伞花革命
·不可承受的革命之重
·中国维权运动的历史和现状
·Don’t Get Too Excited About the Investigation of Zhou Yongkang
·Sensing subversion, China throws the book at kids' libraries
·China’s Unstoppable Lawyers: An Interview With Teng Biao
·专访滕彪:中国那些百折不回的律师们/纽约书评
·法治還是匪治
·努力实现匪治
·Hongkong: the Unbearable Weight of the Revolution
·Courts are told what decision to make in important cases
·RISKY BUSINESS fighting for Human Rights in China
·藏族、維吾爾族、南(内)蒙古族以及漢族活動人士的聯合聲明
·A STATEMENT OF SOLIDARITY FROM A TIBETAN, UYGHUR, SOUTHERN MONGOLIAN,
·The Supremacy of the Constitution, and Freedom of Religion
·如果有人倾听你对 昨夜梦境的复述(诗四首)
·China’s Empty Promise of Rule by Law
·Sensing subversion, China throws the book at kids' libraries
·VOA时事大家谈:中国司法不独立,如何进行司法改革?
·VOA时事大家谈:通奸女官员被“游街”:罪有应得还是侵犯人权?
·滕彪:中共“依法治国”的画皮
·What will this crackdown on activists do to China’s nascent civil soc
·浦志强、滕彪:李保华诉周国平名誉权纠纷案代理词
·The most dangerous job in law
·关于撤销《黑龙江省垦区条例》的建议
·Selective Blindness over China and Huamn Rights
·中共体制是一个不定时的炸弹/VOA
·滕彪在伦敦闹市被打劫
·「西方學者自我審查問題嚴重」/BBC
·CHINA'S LONG ROAD TO DEATH PENALTY REFORM
·Blood, Justice and Corruption: Why the Chinese Love Their Death Penalt
·完善我国宪法人权保护条款的建议
·计生基本国策是完全错误的
·死刑作為政治籌碼
·Human Rights Advocates Vanish as China Intensifies Crackdown/NYT
·学者滕彪等人探望基督徒母亲被殴打/RFA
·‘Did We Stand on the Side of Tank Man?’
·The Quest to Save the World's Scholars From Persecution and Death
·北京准备出手整肃海内外NGO与学术界
·时事大家谈:中国新国安法,党国不分?
·Comments on the draft law on Foreign NGO Management
·评《境外非政府组织管理法》和《国家安全法》草案
·《回到革命》亮相香港书展
·China is moving toward a new totalitarianism
·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
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Blood, Justice and Corruption: Why the Chinese Love Their Death Penalt

   Blood, Justice and Corruption: Why the Chinese Love Their Death Penalty
   
   By Teng Biao
   http://content.time.com/time/world/article/0,8599,2075010,00.html
   Economic Observer / Worldcrunch Tuesday, May 31, 2011


   
   
   Of all the criminal cases in China, those involving corrupt officials sentenced to death arouse the greatest interest. The morbid examples abound: from the public cheering for the recent death sentences for the two deputy mayors of Suzhou and Hangzhou to the executions of the head of the State Food and Drug Administration, of the Secretary of Justice of Chongqing City, and of the vice chairman of the Standing Committee of the National People's Congress.
   
   China is the global leader for the number of corrupt officials who are sentenced to death, and actually executed each year. But, judging by the seemingly endless "public demand" for this kind of punishment and the surging popular anger, it would seem that there is actually not enough of it. While so many people are "beheaded," executives at all levels are still determined to brave death by trying to make the most of corruption.
   
   So one cannot help but wonder, are there too many or too few executions in China? What else should be taken into account when considering the fate of corrupt officials — apart from the law, international human rights standards, and the public opinion?
   
   Strictly speaking, China has no "justice," relying only on "political law" when it comes down to dealing with corrupt officials. The so-called "double regulation" (the Communist Party's special investigative procedure in which officials are asked to respond to allegations of corruption or other violations) means that sentences are delivered under the guidance of the Chinese Communist Party's discipline inspection departments, and that the code of criminal procedure is only a reference, just as the prosecution and the trial are just a semblance of justice.
   
   It is almost unheard of for Chinese judges dealing with corruption cases to make independent judgments by relying solely on the judicial procedure, evidence submitted, and the law. Deciding whether to indict a corrupt official, and how to deal with him, is to a great extent not the result of an enactment of the law, but rather the outcome of a political power struggle.
   
   When corrupt officials confess their crimes in court, they most often say that they had lowered their personal standards, and strayed away from their thinking and principles learned during their education. Sometimes they may add that they had a poor understanding of the law. A country that regards materialism as a model is in fact floating on idealism. The most important factors lying at the root of corruption have never actually been discussed, neither in the media, nor elsewhere.
   
   If political education is the answer to rampant corruption, then all the propaganda courses we are constantly exposed to would have solved the problem by now. It is thus obvious that the reason for corruption lies elsewhere, in the fact that there isn't enough control and supervision over public power, and in the lack of democratic elections and freedom of the press.
   
   The current level of corruption in China is systematic and widespread. It is so entrenched that honest officials are now part of a minority that risks being left behind. It is a system where corruption is the rule rather than the exception, and it is thus not an exaggeration to say that transparent officials are victims in a country that lacks democracy, supervision, and has a weak judicial system. This means that, no matter how great the anger of the public, it will not be sufficient to put a stop to corruption.
   
   If the anger of the public is understandable, it doesn't mean that the death penalty is the right remedy for the problem. On the contrary, the reasons for abolishing the death penalty are numerous. One of them would be that, like most crimes, corruption has a strong social dimension. Criminals are never born evil, and, in the case of corruption, it is quite clear that social factors play an important role. Corrupt people are of course despicable, but society has to accept a certain amount of responsibility too.
   
   It is also clear that corruption brings huge benefits to many government officials, which makes them the loyal guardians of this highly flawed system. They know that only by defending such practices can they bring wealth to their families and offspring. The appeal of the public service (and its implied advantages) is such that most Chinese university students aspire to become government officials. The mechanism is known as "Stupid taxpayers, money arrives quickly."
   
   The death penalty can also be a political tool — people who do not have a protector, or who irritate their superiors, or who get caught on the wrong side, are often chosen as a scapegoat. Everyone can be a victim: once you lose your footing in the political power struggle, the accusations of corruption and decadence are very likely to fall on you.
   
   According to the Chinese professor Hu Xing Do, 99% of the corrupt officials will never be caught. The few who do get caught are simply considered unlucky, and even if their punishment is typically heavy, the dissuasive effect remains minimal. In addition, the calculation is that even if you are jailed for ten years on corruption charges, the total amount you that have obtained through bribes is largely superior to what you could have honestly earned during the same period.
   
   Under a healthy system, it would be impossible for so many government officials to get their hands on the astronomical sums of money they have access to today. If every person who tried to have his palm greased was brought to trial, corruption could not have developed to such an extent. If officials knew that bribes as small as 1000 yuans could ruin their career, they would hesitate a lot more before stepping over the line.
   
   China is the world leader in executions, carrying out 90% of them worldwide. There are 24 types of violent crime in China and 31 non-violent types subject to the death penalty. If most countries have abolished the death penalty, those that still use it generally only apply to violent criminals such as murderers. People in China viscerally hate corruption and are reluctant to see the death penalty dropped. They do not see why corrupt officials should benefit from foreign standards on human rights. But the truth is that those who would benefit most from the abolition of the death penalty would not be corrupt officials nor gangsters, but the weak and the poor. It is they who suffer disproportionately from corruption and crime.
   
   Taking into account Chinese customs and public opinion, it would obviously not be a wise decision to raise the idea of the abolition of the death penalty for corrupt officials. Those who want to see the death penalty abolished should look to various non-violent cases that have aroused huge public sympathy. The Internet, for example, has played a huge role in mobilizing the public opinion. It is becoming increasingly difficult for the government to ignore the weight of public opinion expressed online.
   
   Progressively this phenomenon will change China. But for the time being, my humble opinion is that the Chinese people are too bloodthirsty to give up the death penalty as the state's favorite method for sweet revenge.
(2015/04/14 发表)
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