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郭国汀律师专栏
·正义的第一原则:政治权力的合法性
·正义概念的进化与发展
·人民反抗暴政的革命权利
·当代世界政治现状
·独裁专权(即威权)与独裁统治及极权暴政
·政治权力的限制与平衡原理
·政治文化与政治
·什么是政治形态
·民主法治及权力
·True meaning of the Republicanism
·Judicial Independence and Canadian Judges
·如何制约流氓暴君下屠杀令扑灭宪政民主大革命?
·关于成立临时或流亡政府我的原则与立场
·公平游戏规则公平竞争是第一价值原则
·中国民主运动要不要遵守公平游戏规则?
·中国民运长期四分五裂的根源何在?
·郭国汀:唯有程序正义才能根治中国民运四分五裂顽症
·民运内部必须是平等尊重基础上充分争论协商妥协式的真诚合作
·自私是否人的本性?
·暴君与暴政
·暴力革命与和平演变的前提与条件
·关于暴力革命答深山质疑
·勇敢地参政议政吧!中国律师们!/郭国汀
·语言风格——关于袁红冰改良还是革命的争论
·就袁红冰之《改良还是革命》与申先生的论战/郭国汀
·英雄人格哲学—袁红冰《自由在落日中》读后
·划时代的政论——简评袁红冰《改良,还是革命?》
·为什么袁红冰之《改良,还是革命?》是划时代的政论?
·再论政治案低调消音妥协辩护论的严重危害性
·再论政治案件低调消音妥协辩护论的危害性引起争论
·政治案辩护律师的最佳策略
·驳政治肮脏论
·文字狱与极权专制体制
·暴政与人种的优劣/新南郭
·虚伪是极权专制的必然付产品
·极权专制政体与思想家
·最暴虐无道的政府!/南郭
·郭国汀:歌功颂德或批评批判?
·判断一个政权合法性的公认标准
·判断政府合法性的普世公认标准 郭国汀
·中国律师理所应当关心政治 郭国汀
·政治体制的根本问题
·中国的前途在于专制改良还是政治民主革命?
·西方现代政治民主的基本要件
·郭国汀: 政府无权杀人!
·政府绝对无权武力镇压(屠杀)和平集会示威游行或罢工的公民
·国民有权推翻暴力镇压(屠杀)和平抗议民众的任何政府
·中国历史上不存在极权
·民主政治的终极目标是自由——答尼采黄昏君的质疑/南郭
·极权专制独裁者与知识分子
·与网友谈论民主政治与政权合法性
·政府不得滥杀和平请愿公民的最新国际公约
·中共极权专制暴政祸国殃民绝对乏善可陈
·郭律师评价中国律师诉讼及司法体制现状
***(40)宪政研究
·什么是宪政?
·什么是共和?
·宪政的实质
·分權制衡理論的历史淵源
·中国自由文化运动与宪政研究
·The Arguments For and Against the Notwithstanding Clause
·Freedom is not free but it is costly
·宪法改革的设想 南郭提要
·联邦共和民主宪政体制是美国经久强盛不衰的原因
·党化党控教育是中共祸国殃民的一大罪恶
·立宪时代的法政哲学思考提要
·有限政府与法治宪政
·联邦主义要旨
·It’s Not Patriotic to Violate the Constitution
·An Imperial Presidency Based on Constitutional Quicksand
·US Constitution revolution for real democracy
·One of the major writer whose legal thought Influence the Americas Founding Fathers
·Beyond the Constitution
·Philosophy Constitutionalism
·USA Constitution is in grave danger
·Constitutional Interpretation
·The Bill of Rights
***(41)民主研究
·美国宪政民主的基本要素
· 政治民主机制的最新发展--监督民主
· 序《民主导论》
·民主的真实含义
·自由宪政民主政治的七项实质要件
·民主的实质
·谁是真正的人类政治民主之父?
·民主就是[山头林立]?!
·共和比民主更为根本
·共和民主宪政要旨
·什么是联邦主义民主宪政?
·我的民主朝圣之旅
·民主的灯塔永放光茫
·古希腊雅典民主政体
·伯拉图亚里士多德论古希腊民主体制
·伯拉图论共产主义
***(39)法治研究
·法治论/郭国汀
·自然法原理
·法律的定义
·法律的本质与精神
·什么是法治?
·法治的基本原则
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China Human Right report 2005

China (includes Tibet, Hong Kong, and Macau)
   Country Reports on Human Rights Practices - 2005
   Released by the Bureau of Democracy, Human Rights, and Labor
   March 8, 2006

   (The section for Tibet, the report for Hong Kong, and the report for Macau are appended below.)
   The People's Republic of China (PRC) is an authoritarian state in which, as specified in its constitution, the Chinese Communist Party (CCP) is the paramount source of power. Party members hold almost all top government, police and military positions. Ultimate authority rests with the 24-member political bureau (Politburo) of the CCP and its 9-member standing committee. General Secretary Hu Jintao holds the three most powerful positions as CCP general secretary, president, and chairman of the Central Military Commission (CMC). The party's authority rested primarily on the government's ability to maintain social stability; appeals to nationalism and patriotism; party control of personnel, media, and the security apparatus; and continued improvement in the living standards of most of the country's 1.3 billion citizens. Civilian authorities generally maintained effective control of the security forces.
   The government's human rights record remained poor, and the government continued to commit numerous and serious abuses. There was a trend towards increased harassment, detention, and imprisonment by government and security authorities of those perceived as threatening to government authority. The government also adopted measures to control more tightly print, broadcast and electronic media, and censored online content. Protests by those seeking to redress grievances increased significantly and were suppressed, at times violently, by security forces. There were notable developments in legal reforms during the year. However, some key measures to increase the authority of the judiciary and reduce the arbitrary power of police and security forces stalled. The government adopted new religious affairs regulations expanding legal protection for some activities of registered religious groups but was criticized for failing to protect unregistered groups.
   The following human rights problems were reported:
   • denial of the right to change the government
   • physical abuse resulting in deaths in custody
   • torture and coerced confessions of prisoners
   • harassment, detention, and imprisonment of those perceived as threatening to party and government authority
   • arbitrary arrest and detention, including nonjudicial administrative detention, reeducation-through-labor, psychiatric detention, and extended or incommunicado pretrial detention
   • a politically controlled judiciary and a lack of due process in certain cases, especially those involving dissidents
   • detention of political prisoners, including those convicted of disclosing state secrets and subversion, those convicted under the now-abolished crime of counterrevolution, and those jailed in connection with the 1989 Tiananmen demonstrations
   • house arrest and other nonjudicially approved surveillance and detention of dissidents
   • monitoring of citizens' mail, telephone and electronic communications
   • use of a coercive birth limitation policy, in some cases resulting in forced abortion and sterilization
   • increased restrictions on freedom of speech and the press; closure of newspapers and journals; banning of politically sensitive books, periodicals, and films; and jamming of some broadcast signals
   • restrictions on the freedom of assembly, including detention and abuse of demonstrators and petitioners
   • restrictions on religious freedom, control of religious groups, and harassment and detention of unregistered religious groups
   • restrictions on the freedom of travel, especially for politically sensitive and underground religious figures
   • forcible repatriation of North Koreans and inadequate protection of many refugees
   • severe government corruption
   • increased scrutiny, harassment and restrictions on independent domestic and foreign nongovernmental organization (NGO) operations
   • trafficking in women and children
   • societal discrimination against women, minorities, and persons with disabilities
   • cultural and religious repression of minorities in Tibetan areas and Muslim areas of Xinjiang
   • restriction of labor rights, including freedom of association, the right to organize and bargain collectively, and worker health and safety
   • forced labor, including prison labor
   There were several positive human rights developments during the year. The government returned authority to approve death sentences to the Supreme People's Court, supported local experiments to record police interrogation of suspects, and limited the administrative detention of minors, the elderly, pregnant women, and nursing mothers. In March government officials stated that family bible studies in private homes need not be registered with the government and said that the law permitted religious education of minors, but problems continued in both areas. The National People's Congress (NPC) adopted amendments to the law protecting women's rights and interests, including one outlawing sexual harassment. The government ratified International Labor Organization (ILO) Convention 111 prohibiting discrimination in employment. The government also hosted visits by international human rights monitors.
   RESPECT FOR HUMAN RIGHTS
   Section 1 Respect for the Integrity of the Person, Including
   Freedom From:
   a. Arbitrary or Unlawful Deprivation of Life
   During the year politically motivated and other arbitrary and unlawful killings occurred. While no official statistics on deaths in custody were available, state-run media reported that law enforcement officials killed 460 persons and seriously injured more than 100 through abuse or dereliction of duty in 2003.
   In December police shot and killed at least three protesters in Dongzhou village, Guangdong Province, the first known shooting of public protesters by security forces since 1989. Villagers claimed that as many as 20 villagers were shot and killed by paramilitary riot police, with approximately 40 others missing. The government said the shooting occurred after protesters threw explosives at police and claimed that three protesters were killed. It suspended an official responsible for the incident, pending an investigation.
   An unconfirmed, published report said that authorities beat a petitioner to death in Beijing in April.
   Trials involving capital offenses sometimes took place under circumstances involving severe lack of due process and with no meaningful appeal. Executions often took place on the day of conviction or failed appeal. In Xinjiang, executions of Uighurs whom authorities accused of separatism but which some observers claimed were politically motivated were reported (see section 5). The government regarded the number of death sentences it carried out as a state secret. However, in March 2004 an NPC deputy asserted that nearly 10 thousand cases per year "result in immediate execution," a figure Supreme People's Court (SPC) and Ministry of Justice officials stated was exaggerated. Foreign experts estimated that the country executed between 5 thousand and 12 thousand persons each year. The SPC announced its intention to take back from provincial courts the authority to approve all death sentences, an authority given to provinces during the government's 1983 anticrime "strike hard" campaign. During the year judges were hired and an administrative division established to conduct reviews of death sentences, but the SPC had not yet begun exercising its authority (see section 1.e.). Media reports stated that approximately 10 percent of executions were for economic crimes, especially corruption. NPC officials insisted during the year that there were no plans to abolish the death penalty for economic crimes.
   b. Disappearance
   The government used incommunicado detention. The law requires notification of family members within 24 hours of detention, but individuals were often held without notification for significantly longer periods, especially in politically sensitive cases. Citizens who were reportedly detained with no or severely delayed notice included blind legal activist Chen Guangcheng, attorney Zhu Jiuhu, petitioner advocate Hou Wenzhuo, and writer Yang Maodong (also known as Guo Feixiong). In 2004 Jiang Yanyong and his wife were detained and held incommunicado for several weeks in connection with a letter he wrote to government leaders asking for reconsideration of the 1989 Tiananmen massacre.

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