滕彪文集
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滕彪文集
·郑州十君子公民声援团募款倡议书
·Politics of the Death Penalty in China
·What sustains Chinese truth-tellers
·在人权灾难面前不应沉默
·From Stability Maintenance to Wiping Out/Teng biao
·自由不是一個禮物,而是一個任務
·抱薪救火的严打政策
·习近平要回到文革吗?
·中国宪法的结构性缺陷
·25 years later, Tiananmen cause is still costly
·A Chinese activist: Out of prison but not free
·中国人权有进步吗?
·Activist lawyer vows to keep fighting for human rights
·高智晟:走出监狱却没有自由
·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
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The legal system is a battleground, and there’s no turning back

   The legal system is a battleground, and there’s no turning back
   
   INKSTONE, 2O18.7.13
   
   On December 22, 2016, four farmers from the southeastern province of Jiangxi, who had been convicted of robbery, rape and murder, were released after 14 years in prison. All charges were dropped.


   
   This was the case that shocked the country. It wasn’t just a wrongful conviction, or some mistakes made by police, prosecutors and judges.
   
   Right from the beginning, they all knew that the four men were innocent. But they were given so much pressure by higher authorities that they needed to find scapegoats as soon as possible. Torturers usually get immunity.
   
   If human rights lawyers didn’t work on the case for years, these men wouldn’t be free. But when they wanted to thank the people who had helped them, they couldn’t find the lawyers and activists.
   
   At that time, Li Heping, Xu Zhiyong, Jiang Tianyong and Wu Gan were all in jail. I was forced into exile in 2014.
   
   In the Leping case, we used every lawful means possible: lodging appeals, suing, staging demonstrations and protests, performing art, social media, producing documentaries, working with Amnesty International, and making use of the United Nations’ human rights mechanism.
   
   The case was only one episode in the tremendous amount of work done by China’s human rights lawyers. Since the rights defense movement began in 2003, lawyers have been promoting rule of law in different ways.
   
   The imprisonment of human rights lawyers is no accident. Ever since the start of the movement, they have been facing persecution.
   
   But after Chinese President Xi Jinping took power in 2012, there has been a large-scale, well-planned and systematic crackdown on human rights lawyers.
   
   The crackdown on July 9, 2015 marks the most severe move targeting the legal community since 1979, the year when professional lawyers were allowed to practice again after the Cultural Revolution. At least 321 human rights lawyers and activists were kidnapped, disappeared, faced trial and sentenced. Every lawyer has been tortured.
   
   
   Zhou Shifeng, Jiang Tianyong, Yu Wensheng, Li Yuhan and Wu Gan are imprisoned. Wang Quanzhang has disappeared for three years. No one knows where he is. Gao Zhisheng has gone missing again. In the past few months, dozens of human rights lawyers have had their licenses revoked.
   
    In the late 1970s, Mao Zedong’s reign of terror, which destroyed China’s legal system, was proven unsustainable. There was no choice but to reinstate law and order.
   
   Ever since, the government has rebuilt its legal system. Protecting human rights was even added to the constitution. The planning economy has been replaced by market forces. The internet has become available. For citizens with the vision to promote freedom and the rule of law, the legal system has become a battleground.
   
   
   The custody and repatriation system was abolished after the Sun Zhigang case, which other activists and I worked on ignited a national debate. Resorting to the constitution and existing laws, Some lawyers defended Falun Gong practitioners and dissidents, others helped victims of environmental pollution, forced demolition and torture seek justice.
   
    Despite increasingly efforts to suppress us, many more stood up and fought for our rights. Inevitably, the movement became more politicized and organized.
   
   But the government enjoys much greater advantages. It has implemented a litany of laws limiting civil liberties, such as the foreign NGO law, the national security law, the regulations on law firms.
   
   A typical example is the inclusion of “residential surveillance at a designated location” in criminal proceedings, essentially legalizing forced disappearances. This was what exactly happened in the 709 crackdown, and the arrested lawyers lost all contact with the outside world.
   
   Authorities also do not hesitate to resort to extra-legal or unlawful means, such as surveillance, house arrest, “black jails”, torture, forced confession on television and punishing families. An authoritarian regime needs to use all these means. If all extra-legal institutions were gone, could the party still rule?
   
   Considering the removal of presidential term limits from the Constitution, laws are no longer useful weapons in the pursuit of liberties and equal rights. Instead, they have become subordinate to power.
   
   
   Of course, the Chinese government will never allow any challenge to one-party rule, and the rights defense movement, which works within the legal system, has its own limits.
   
   But President Xi Jinping has taken things much further than his predecessors. Apart from building a personality cult around himself, Xi has ordered an all-around, ruthless crackdown on the civil society - and the human rights lawyers are just part of the story.
   
   This is said to be the “war on law” started by the Chinese Communist Party. The government always has a tight rein on the legal system. But what Xi has done has made people realize that placing hope in the party to introduce rule of law and democracy is nothing but a pipedream.
   
   The battle is still going on, and human rights lawyers and activists in China haven’t given up. The people fighting for freedom and human dignity in this world won't give up. It’s a matter of life and death - and there’s no way to turn back.
(2018/08/06 发表)
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