滕彪文集
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滕彪文集
·她的眼里没有泪水—临沂计划生育调查手记之三
·到办公室上课去!—临沂计划生育调查手记之四
·不扎也得扎!—临沂计划生育调查手记之五
·学习班—临沂计划生育调查手记之六
·向人性宣战—临沂计划生育调查手记之七
·“盯关跟主义”—临沂计划生育调查手记之八
·人性不曾屈服—临沂计划生育调查手记之九
·野蛮是如何炼成的?—临沂计划生育调查手记之十
·后记:
·有谁战胜过真相
·法治中国需要中国法律人的良知及责任—致世界法律大会中国代表的公开信
·从上书到公开信
·是谁在“严重威胁社会秩序”?—关于游行示威权利的行政复议申请书
·致陈光诚的一封信
·用微笑来面对那些制造恐惧的人——和高智晟在一起的一个下午
·2+2=4的自由
·推倒「新闻柏林围墙」——透视中国新闻自由的前景
·恢复收容遣送制度等于开历史倒车
·陈光诚案凸显中国法治的困局
·暗夜里的光明之舞
·中国维权运动往何处去?
·陈光诚是如何被定罪的?(补充版)
·Crusader in a legal wilderness
·China’s blind Justice
·China's Political Courts
·以公民的姿态挺身而出/闵家桥
·“最可贵的是她有健康的公民意识”——关于公民王淑荣的对话
·“阳光宪政”的护卫者/民主与法制杂志
·要让好人走到一起,才能合力纠错——奥美定事件亲历者访谈录/南方周末
·李卫平: 被迫走出书斋的维权者——著名维权律师滕彪访谈录
·太阳城:写在第三期“名家说法”被命令取消之后
·滕彪印象/法制日报
·Rule of Law requires our consciousness and responsibility
·临沂野蛮计生与陈光诚事件维权大事记(2006-11-7)
·耻为盛世添顺骨
·中国时报专访:盼与政府互动 和平维权
·滕彪博士:精神家园的守望者/刘爽
·司法改良和公民维权——学而思沙龙的网谈
·学术、政治与生活——2006年12月17日做客沧海论坛在线交流记录
·黎明前的见证
·看看我们的朋友——致受难中的高智晟和他的妻子和孩子
·临沂警匪暴行录
·临沂野蛮计生事件及陈光诚案维权大事记(五——七)
·中国当代宪政主义者的困境和选择/林泽波
·通过汉语改变中国
·茶人滕彪/萧瀚
·崔英杰案:“慎杀时代”的第一个考验
·死刑、司法与中国人权
·废除死刑的中国语境——在第三届世界反死刑大会上的发言
·司法独立,和谐中国——2007年“两会”之际的公民呼吁/许志永 滕彪
·彻底改革司法才能避免滥用死刑
·崔英杰案,在多重反思中寻找契机
·从“两会”看赎回选票运动
·关于尽快将青岛市四方区政府违法拆迁行为纳入法制轨道的法律意见书
·青岛野蛮拆迁:袁薪玉被控放火和妨害公务案一审的当庭辩护意见
·维权书简·戴脚镣的舞者
·被遗忘的谎言——就《成都晚报》事件致中宣部长和教育部长的一封信
·滕彪:可怕的“冤案递增律”
·不是我不明白
·张敏:滕彪律师访美谈中国司法现状与维权
·萧洵:纸包子案记者被判刑引发强烈质疑
·自由亚洲电台:拾荒者遇上联防离奇死亡 孙志刚式悲剧首都重现?
·何亚福 王鑫海 杨支柱等:放开二胎倡议书
·临沂野蛮计生事件及陈光诚案维权大事记(八--九)
·一个案件的真相与两个案件的正义(附:“聂树斌案”到了最危急时刻!)
·滕彪、胡佳:奥运前的中国真相
·郑筱萸案扇了死刑复核程序一记耳光/滕彪 李方平
·“杀害自己孩子的民族没有未来!”
·关于李和平律师被绑架殴打致国务院、最高人民检察院、公安部、国家安全部的公开信(签名中)
·NO FIGHTS,NO RIGHTS——接受博闻社采访谈中国人权现状
·挽包遵信先生
·香港电台铿锵集:扣着脚镣跳舞的中国律师
·那些陌生的人们在我们心底哭泣——推荐一个短片
·关于邮箱被盗用的声明
·《律师法》37条:为律师准备的新陷阱
·保护维权律师,实现法治——采访法学博士滕彪律师/张程
·Six Attorneys Openly Defend Falun Gong in Chinese Court
·李和平 滕彪等:为法轮功学员辩护-宪法至上 信仰自由
·面对暴力的思考与记忆——致李和平
·专访滕彪律师:《律师法》2007修订与维权/RFA张敏
·The Real China before the Olympics/Teng Biao,Hu jia
·我们不能坐等美好的社会到来
·律师:维权人士胡佳将受到起诉
·胡佳被捕 顯示中國要在奧運之前大清場
·人权的价值与正义的利益
·抓捕胡佳意味着什么?
·关于《奥运前的中国真相》一文的说明——声援胡佳之一
·邮箱作废声明
·关于审查和改变《互联网视听节目服务管理规定》部分不适当条款的建议
·胡佳的大爱与大勇
·后极权时代的公民美德与公民责任
·狱中致爱人
·奥运和乞丐不能并存?
·滕彪李苏滨关于青岛于建利涉嫌诽谤罪案的辩护意见
·纽约时报社评:中国的爱国小将们
·回网友四书
·我们都来关注滕彪博士/王天成
·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
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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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