Chinese Law Prof Blog

Editor: Donald C. Clarke
George Washington University Law School

Monday, August 20, 2012

Sentencing philosophy in Chinese criminal law: Zhang Xiaojun versus Liu Xiaobo

According to the official Xinhua report, Zhang Xiaojun was Gu Kailai’s accomplice in a premeditated murder. He was convicted of intentional homicide. His sentence was nine years.

According to the official indictment, Liu Xiaobo committed the following acts:

  • He published a number of “inciting articles” containing “rumors and slanders” (no slanders against any persons living or dead are mentioned in the indictment).
  • Together with others, he "drafted and concocted" Charter 08.
  • He distributed Charter 08 via e-mail to overseas websites and posted it on overseas websites.

That’s it. Really. See for yourself. He was sentenced to eleven years.

Just sayin’.

 

August 20, 2012 in Commentary, People and Institutions | Permalink | Comments (2) | TrackBack (0)

Where Gu Kailai will likely spend her time: China's Club Fed

Image003-

Here's a profile of Qincheng (秦城) Prison, where high-ranking prisoners stay and where the cognoscenti figure Gu Kailai will go (assuming she's not spirited off to a nice tropical island somewhere).

August 20, 2012 in Commentary, News - Chinese Law, News - Miscellaneous, Other, People and Institutions | Permalink | Comments (0) | TrackBack (0)

Monday, July 30, 2012

Ni Yulan's defense statement

Wednesday, June 6, 2012

Profile of Pu Zhiqiang in Slate

Thursday, May 31, 2012

Chen Guangcheng at the Council on Foreign Relations

Here's a link to the video (one hour) and the transcript. It's a little bit unfortunate that we can't hear or read the original Chinese version of what Chen said, but I have seen (or more accurately, heard) the interpreter, June Mei, at work on many occasions and she's the best, so it's very unlikely that she missed anything.

May 31, 2012 in News - Chinese Law, People and Institutions | Permalink | Comments (0) | TrackBack (0)

Monday, May 21, 2012

How Chen Guangcheng escaped (follow-up)

I posted a few days ago about this, linking to a Chinese account and apologizing for not having the time to supply a translation. Two commenters kindly noted the existence of partial translations, but I don't want to keep this information buried in the comments. Here are the two partial translations:

 

May 21, 2012 in News - Chinese Law, People and Institutions | Permalink | Comments (0) | TrackBack (0)

Thursday, May 17, 2012

How Chen Guangcheng escaped

Here's an account (in Chinese - sorry, no time to translate) from iSun Affairs magazine (a web-based journal) of how Chen Guangcheng escaped from Dongshigu Village. As we might have guessed, he had help from various people but also had to rely on himself quite a bit. The account is quite detailed and names names. Apparently the editors decided to include these details because the authorities had already figured out the people involved.

Here's a video interview with Chen's brother, Chen Guangfu, about what happened to him afterwards.

May 17, 2012 in News - Chinese Law, People and Institutions | Permalink | Comments (3) | TrackBack (0)

Tuesday, March 27, 2012

Gao Zhisheng reported alive

It is a sign of the absurd and cruel vendetta that the Chinese government has carried out against Gao Zhisheng (高智晟) that his being seen alive should be headline news. After all, he has been in the custody, acknowledged or not, of that same government more or less constantly since February 2009. He was last seen alive by family members in April 2010.

His wife now reports that his father father-in-law and brother were able to visit him in prison on March 24. His brother has confirmed the meeting. Here's the Radio Free Asia report.

[March 30 correction indicated above.]

March 27, 2012 in Commentary, People and Institutions | Permalink | Comments (0) | TrackBack (0)

Wednesday, January 18, 2012

Simon Leys (Pierre Ryckmans) on Liu Xiaobo

Tuesday, January 3, 2012

Wheelchair-bound threat to the people's democratic dictatorship

Niyulan

Fresh from its triumph over the dark forces of Hollywood in their attempt to topple the state by shaking the hand of a blind man, the people's democratic dictatorship has now set its sights, once again, on Ni Yulan, already crippled by earlier police beatings. Apparently she and her husband have been "picking quarrels" and "disturbing public order", both criminal offenses. The New York Times story is here. Apparently the leaders have not been reading books about how China is destined to take over the world. They seem extraordinarily unconfident and fearful.

January 3, 2012 in News - Chinese Law, People and Institutions | Permalink | Comments (0) | TrackBack (0)

Sunday, January 1, 2012

Gao Zhisheng (apparently) found

Chinese prison authorities have apparently notified Gao Zhisheng's brother that he is being held in a prison in Xinjiang. Here's the report from China Aid Association (I added the link about the alleged probation violation):

China Aid Association

(Washington, D.C. – Jan. 1, 2012) For the first time since his most recent forced disappearance 20 months ago, the whereabouts of human rights lawyer Gao Zhisheng were confirmed on Sunday.

ChinaAid learned that Gao Zhisheng’s older brother, Gao Zhiyi, received written notification on Sunday of Gao’s incarceration in Shaya Prison in the Xinjiang Uyghur Autonomous Region in far western China.  The notification was signed and dated on Dec. 19 by the prison.

Gao disappeared into police custody in April 2010, the most recent in a series of forced disappearances since his 2006 conviction on a subversion charge.  On Dec. 16, just days before his five-year probation period was to have ended, the Chinese government announced that it was sending him to prison for three years for violating his probation.  It was the first word that he was still alive, but no information of his whereabouts or condition was released.

Shaya (Xayar) Prison is located in Aksu Prefecture, about 1,130 kilometers (700 miles) southwest of the Xinjiang capital of Urumqi.

"Gao's internal exile reminds the world of how former Soviet dissident Andrei Sakharov was cruelly treated in Siberia in the 1980s," said ChinaAid founder and president Bob Fu, a friend of Gao. “The Chinese government can use this remote jail to prevent concerned people from visiting Attorney Gao, but just like Sakharov, Gao's courageous voice can never be silenced by the four walls of his prison cell."

Gao Zhiyi is planning to visit Gao Zhisheng as soon as he gets a physical address of the prison.

The prison’s mailing address is : Shaya Prison, Shaya county, Aksu  Prefecture, Xinjiang Uyghur Autonomous Region, Postal code: 842208
Prison phone number: +86-997-8402100.

Gao Zhiyi’s phone number: +86-151-9198-5726

January 1, 2012 in News - Chinese Law, People and Institutions | Permalink | Comments (1) | TrackBack (0)

Sunday, December 25, 2011

Larry Ribstein, RIP

I was shocked and very saddened to hear of Prof. Larry Ribstein's sudden death (apparently from a stroke) on Dec. 24th. In addition to teaching Chinese law, I also teach business associations, and so was familiar with Larry's name and fame before actually meeting him when we were both visiting professors at NYU Law School in 2007-08. You can get a sense of Larry's personality by reading his voluminous writings and blog posts - his style is crystal clear and highly readable, his ideas original and important. But I needed to meet him in person to get a full sense of the man and to realize what a cool guy he was.

As I read others' remembrances, one term keeps cropping up that is one of the first things I noticed, too: intellectually honest. Larry was not afraid to follow his ideas where they led him, but never mischaracterized opposing ideas in order to refute them more easily. He had very strong ideas (in addition to deep learning) on many subjects, but I can think of few people with whom it was more fun to discuss things.

Larry's scholarly productivity is the stuff of legend - lots of it, on a wide range of topics, and all of it top-notch. I once asked him how he managed to do it. His answer: "I don't need a lot of sleep."

So broad is Larry's impact that it even reaches the field of Chinese law. He had been to China and was consulted on the drafting of (what else?) China's Partnership Law.

It is truly sad that such a terrific scholar and colleague has been lost to us.

Here's the announcement from the University of Illinois, and here's a remembrance from Geoffrey Manne (collecting other remembrances as well).

December 25, 2011 in News - Miscellaneous, People and Institutions | Permalink | Comments (0) | TrackBack (0)

Thursday, November 17, 2011

An independent candidate's story

Qiao Mu (乔木), an associate professor at Beijing Foreign Studies University and the director of its Center for International Communications Studies, recently ran (maybe "attempted to run" would be more accurate) as an independent candidate for the Haidian district people's congress. This is the only level of people's congress where candidates are directly elected; delegates to higher-level congresses are selected by lower-level congresses. And this is of course all done under the guidance of the Party. The election was on Nov. 8th. Here's his account:

As an independent candidate, I did not win the election, but got the second largest votes (1300 ballots) after one month campaign with my voluntary supporters, which shaped democracy in my university-community and brought many positive changes in the campus management and people’s mind.

I had NO intention to challenge the ruling party and the political system in the grassroots election. What I cared was the voter’s (faculty and students) opinion, livelihood and rights. However, I encountered increasingly enormous pressure and oppression from the very beginning. My voluntary students were forced to quit the campaign. Many organized spreading rumors and political lies in SMS to defame my personality, motives and actions (mostly on social media), i.e., my campaign was a conspiracy and sponsored by the west media, and I was manipulated by the US embassy, and I will leave the university it is useless to vote for me.

I was shocked to find, in the last week before the vote day, all my social media ( weibo/micro-blog on sina.com, blog, renren and my election video on tudou/56 were closed.) I tried to register new one many times on sina.com and renren.com, but all were closed for a short while. Things went beyond my imagination. All my mobiles and phones were monitored. I was followed by two securities in the campus and two secret agents outside. Many students and faculty members involved were forced verbally to quit me. Some students were required to identify my supporter on CCTV, some parents were asked to come to Beijing to persuade the students to stop.

The Big Brother was watching us.

We did nothing wrong. All we did was in the track of China’s constitution and election law. But I was told there were policy and regulation, which were more important and measurable.

On the vote day of Nov 8, there were numerous banners and flags in the campus, which said to carry on socialist democracy and enhance the rule of law, and to vote gloriously. Many securities and secret agents walked around. People outside of the campus were not allowed to entered for three days.

I was not among the two officially nominated candidates. My name was not in the ballot. However, the voter could write down my name if they voted for me. I got 1296 votes among 8035 turn-outs, the second largest winner, much more than an official candidate. The No.1, a vice presidents of my university, passed the half line only with 117 more votes. If no those 117 votes, the election would be a runoff. He and I, the first two, will be voted another day. In that case, my name will be written on the ballot. Who knows the result?

Farewell to my 10 weibo (Microblogs on sina.com), 4 blogs with 100 articles,  and 1 paid Renren ID with twenty thousand followers, most of them were my university (vote zone) contacts.

My social media can be closed, but I will neve close my  mouth and my writing will never stop.

Qiao Mu (Michael)

November 17, 2011 in Commentary, People and Institutions | Permalink | Comments (0) | TrackBack (0)

Wednesday, October 19, 2011

The most dangerous man in China...

... is apparently blind activist and barefoot lawyer Chen Guangcheng, judging from the extraordinary level of security thrown up around his home to prevent him from having any communications with the outside world. None of this has any known legal justification, by the way. Here's a report from China Human Rights Defenders (Chinese here). Think of how much all this must cost!

Attempts to visit the lawyer and activist Chen Guangcheng (陈光诚) in Shandong Province have often been thwarted by the constant, stifling presence of guards blockading Dongshigu Village, where Chen lives under illegal house arrest (see reports below). The intensive operation is fortified by surveillance cameras and monitoring points set up at four village entrances and around Chen’s home. As groups of Chinese activists continue their “Operation Free Chen Guangcheng” by making repeated visits to Dongshigu Village, CHRD has released an aerial photo that charts the locations of village entrances and monitoring posts while describing these in detail.

The village’s widest concrete road—at three meters across—runs along its eastern edge and intersects China National Highway 205, which connects the provinces of Hebei and Guangdong. A small bridge lies in the middle of this road, and after crossing the bridge and turning right, Chen’s home is the first one on the north side, and is surrounded at all times by seven or eight guards.

The highway entrance near Chen’s home is guarded by 20 individuals who work in two shifts, scrutinizing each vehicle and person entering the village. At another location are two small structures that function as the guards’ work stations, with a pair of vehicles parked nearby. Thugs use one of them in case they need to chase after visitors, and the other is stationed next to a small bridge. Seven to eight individuals, also working in two shifts, man these vehicles.

Another concrete road entrance faces a neighboring village, Yazi Village, to the southeast of Dongshigu, and is located about 600 meters down the highway. A monitoring point in this area is set up about 100 meters after crossing a bridge, and guards—close to 20 people divided into two groups—reportedly stay hidden behind a pile of firewood and are able to see anyone crossing over the bridge, which leads to a trail into Dongshigu. On one side of the trail is a row of bungalows where tobacco is grown, and guards keep three vicious dogs on the other side.

A third entrance—a drainage area beneath a highway—lies along the village’s southwest edge, and is a path so narrow and rugged that it can only be undertaken on foot. There are six or seven guards stationed at this entrance, which is also equipped with a monitoring camera. Northwest of the village, there is a fourth passage off a small bridge to neighboring Xishigu Village. There are two monitoring points, one at the entrance of Xishigu Village and another after crossing a bridge and turning to the left, with close 20 guards.

In sum, there are two surveillance points in front and behind Chen’s home, and six other points set up at various locations on the four narrow roads that enter Dongshigu Village. There are a total of six surveillance cameras in the village. Two mobile phone jammers are set up at the homes of Chen’s neighbors to the west and east.

Reportedly, almost 100 hired thugs keep Chen under surveillance, and all are recruited from outside the village. They are divided into two large squads and 12 smaller groups, and maintain radio communication with each other while working around the clock. And like many extensive operations, monitoring Chen and the entire village is also wealth-generating. Given two daily meals, each person pockets 100 RMB a day—far more lucrative pay than the average villager (even the village party secretary earns just 3,000 RMB in salary per year). The guards are led by Gao Xingjian (高兴见), who comes from a nearby village. Gao was appointed as head of the guards after fighting off past visitors on many occasions, and has supposedly amassed a good deal of wealth from filling that role.

October 19, 2011 in Commentary, News - Chinese Law, News - Miscellaneous, People and Institutions | Permalink | Comments (0) | TrackBack (0)

Sunday, April 17, 2011

He Weifang addresses open letter to Chongqing legal community

Pretty strong stuff. Available in English and Chinese at the China Media Project web site here. He has some good rhetorical touches. Among other things, he notes the irony that the judge in Li Zhuang's first trial, who excused all seven prosecution witnesses (all of whom were in custody) from appearing and being cross-examined because they "were unwilling" (grounds that have no basis in the Criminal Procedure Law), had written his master's thesis in law school on the necessity of witnesses appearing in court.

April 17, 2011 in Commentary, News - Chinese Law, People and Institutions | Permalink | Comments (1) | TrackBack (0)

Tuesday, January 11, 2011

Trying to visit Chen Guangcheng

Here's an interesting account of an attempt by Chen Yunfei, a Chengdu-based rights activist, to visit Chen Guangcheng, the blind rights activist who is supposedly out of jail and a free man. Pretty brave, considering that the most recent person to try to visit Chen, He Peirong, seems to have disappeared (same source). Thanks to blogger Siweiluozi for the translation.

January 11, 2011 in News - Chinese Law, People and Institutions | Permalink | Comments (0) | TrackBack (0)

Tuesday, November 23, 2010

Cai Dingjian (蔡定剑), 1956-2010

Caidingjian
I am sorry to report that Professor CAI Dingjian (蔡定剑教授), Director of the Institute for Study on Constitutionalism at China University of Political Science and Law, passed away early in the morning of November 22nd. Prof. Cai was a widely respected figure both among his colleagues in China and among the foreign community of Chinese law scholars. He was also a very fine human being.

There's a web site dedicated to his life and work here: http://www.chinaelections.org/specialtopic/SpecialTopicc.aspx?sortid=1278

Below is an obituary from the South China Morning Post, and below that, a remembrance from a friend published in 新京报.

Well-respected reformist, rights advocate dies

Ng Tze-wei
Nov 23, 2010    

China lost a heavyweight fighter for legal and political reform yesterday when constitutional law professor Cai Dingjian died at the age of 54.

A gentle but firm advocate of "constitutional democracy", Cai's death stirred an outpouring of condolences from lawyers, academics, students and rights groups.

He had been battling cancer for nearly two years, during which time he continued to write and speak out passionately on a range of legal and rights issues.

Cai switched to academia in 2004 after years of serving the government and was one of the few reformists to command respect both within and outside the government.

A soldier with the People's Liberation Army during the Cultural Revolution, he joined the China University of Political Science and Law in 1979, where he began his legal studies. He continued working in the politics department upon graduation, but switched in 1986 to the National People's Congress Standing Committee, the country's highest legislative body, where he stayed for the next 17 years. He was vice-bureau-chief of the NPC Standing Committee secretariat when he left at the end of 2003.

Saying he wanted more freedom to do research, Cai returned to the university and taught administrative law. He also advocated constitutional democracy - striving to realise democracy through implementing the constitution and strengthening the law. He was director of the university's Institute for Study on Constitutionalism while also serving as a dedicated member of the Centre for People's Congress and Foreign Legislative Study at Peking University.

A model scholar, he pursued his goals through "a combination of field experience and academic rigour", many of his contemporaries said.

He wrote more than 200 research papers and often made comments in the media, with emphasis on the election and People's Congress systems, raising governance and state budget transparency, and, more recently, fighting discrimination.

Even when he worked for the NPC, he advanced rational arguments on why and how democracy should be realised in China. In 2003 he published a research paper arguing against the contention that electoral democracy would not work because most of the citizens were not educated enough.
Many believe that paper landed him in trouble and prompted his move into academia. His last book, Democracy is a Modern Lifestyle, was published in January.

Online postings and rights advocates mourned his passing. "We have lost an inspiring teacher, a respected scholar in law, a good friend for the civil community, and a public intellectual who fights for the rights of the less privileged in Chinese society," the Yirenping Centre, an anti-discrimination legal aid group, said.

*****

我们需要什么样的知识分子?
2010-11-23 新京报  

■ 视点

蔡定剑教授是一位坚忍不拔的建设者,是一位苦口婆心的布道者。

我的同事蔡定剑教授,昨天凌晨离开了我们,我很沉痛,网络上悼念的文章很多。一个并无任何行政头衔的学者,何以获得如此广泛的社会爱戴和尊敬?

如果让我用一句话来形容蔡定剑教授,我认为他是一位古风犹存的横议处士。我国古代把没有做官的读书人叫做“处士”,把直言不讳地纵论时政的行为称为“横议”。蔡定剑教授就是当今为数不多的横议处士。《新京报》等媒体上他有专栏。对于社会重大事件,时常看见他作为知识分子的发言和呐喊。

这些年来,有些学者得了软骨病,放弃了知识分子作为社会良知和正义守护神的责任,这些人其实在害政府而不是帮政府。就在去世前不久,他还发表了“民主是有利于社会稳定的制度”这一重要言论,对那些认为民主会带来社会不稳定的谬论予以反驳。去年冬天,在中国政法大学的一次颁奖仪式上,已知自己癌症晚期的他发表获奖感言:“我们学校有些学者,不被某些官员认同。学校领导对此要有正确的认识,要保护他们。正是这些学者为政法大学赢得声誉,对他们要从历史的角度来判断,不要短视。(大意)”他说话时的调门并不高,但我感觉这是已知自己存世不久的他,对同事的我们沉重的嘱托。

蔡定剑教授不仅是位理论家,而且是民主法治执着的践行者。他对我国的人大制度有着精深的研究,对于中国的民主和宪政历史进程有着准确的判断,对于中国的司法改革,发表过许多重要的观点。他与许多学者包括我自己有一个重要的不同点是,他不满足于对于现实政治的批评,而且执着地参与着中国民主法治的建设。他将很多精力用于法治普及与宣传,推进多处地方政改,参与制度设计,包括四川罗江县专职人大代表工作室、四川雅安党代表直选试验、上海闵行区委全委会改革……

他不像某些空头理论家,用云遮雾罩的理论,忽悠民众,营销自己。他不是厌世者,整天发泄不满,指责别人,而忘记了自己的责任;他不是革命者,从不指望民主法治可以通过激进的行动,毕其功于一役。他一再警醒社会和政府,要尽可能避免动荡的到来;他某些言论虽然有些“出格”,但一直能够比较顺利地发出,我想这和他的建设者姿态有很大关系。他看到社会的不足,同时看到社会的进步;他用言简意赅的文字,轻声细语的言谈,哺育着他的学生,提醒着他的民族。他是一位坚忍不拔的建设者,他是一位苦口婆心的布道者。

大约四月前,在一场关于政府财政公开的学术报告现场。他在主席台上时,面带微笑,完全看不出这是一位癌症晚期的病人。但报告完毕以后,他来到台下,坐在我身边,我目睹他疲惫地用手支撑着头部,闭目养神,额头上渗出细细的汗水。由于担心询问他的病情会加重他心理负担,我没有说话。但在那个夜晚,在那个会场,我真心感受到,坐在我身边这位瘦弱的同事,是民族的脊梁,是一枝明亮的蜡烛,他正在燃烧着自己生命的最后一段,滋养着学生,照耀着社会。
逝者往矣!那么,什么才是对蔡定剑教授最好的纪念?我想,就是更多知识分子像蔡老师那样扛起启蒙的使命,就是坚定不移地推进中国的民主和法治。

愿蔡老师在天之灵安息。

□何兵(学者)

November 23, 2010 in Commentary, News - Chinese Law, People and Institutions | Permalink | Comments (1) | TrackBack (0)

Monday, November 1, 2010

Pu Zhiqiang takes on his police interrogator, and tweets it

Puzhiqiang Dongyansheng

 

 

 

 

 

See the translation (with a link to the original) here at the China Digital Times.

November 1, 2010 in News - Chinese Law, People and Institutions | Permalink | Comments (0) | TrackBack (0)

Friday, October 22, 2010

Wu Lihong back on the job

Here's the story from the Wall Street Journal. Some people never learn, I guess. I wish him good luck.

October 22, 2010 in Commentary, News - Chinese Law, People and Institutions | Permalink | Comments (0) | TrackBack (0)

Friday, October 15, 2010

Chinese rights supporters issue open letter in support of Liu Xiaobo

The following letter has been issued by the signatories in support of Nobel Peace Prize winner Liu Xiaobo. English and French versions follow the Chinese version.

关于刘晓波获得诺贝尔和平奖的声明

中国公民刘晓波获得2010年度诺贝尔和平奖,这一消息在国内和国际引起极大的反响,它是中国当代一个重大的历史事件,它也为中国和平地实现社会转型、向民主宪政迈进提供了新的契机。本着对历史负责、对中国的命运前途负责的精神,我们特发表声明如下。

一、诺贝尔和平奖委员会把本年度的奖项颁发给刘晓波,这一决定符合该奖项的宗旨和评审标准。在当代社会,和平与人权密不可分,对生命的剥夺与践踏不仅发生在战场上,也发生在一国之内的暴政与恶法实践中。国际舆论的普遍赞扬证明,将今年的和平奖授予中国人权运动的代表人物,是一个及时和正确的决定。

二、刘晓波是诺贝尔和平奖的恰当人选,他坚持以非暴力手段维护人权,以理性的态度抗议社会不公正;他以坚韧的态度争取实现民主宪政目标,而在身受迫害时摒弃仇恨心理,这一切使他无庸置疑地拥有获奖资格。刘晓波的理念和实践也为中国人在解决政治、社会冲突中的行为方式提供了典范。

三、刘晓波获奖后,各国政府、各地区、各组织领导人纷纷再次要求中国当局释放刘晓波,我们持相同的态度。我们同时呼吁,当局释放一切因为思想、宗教信仰、言论等原因而被关押的政治犯和良心犯。我们呼吁尽快启动各项程序,让刘晓波获得自由,并与夫人刘霞同行,亲自到奥斯陆领取诺贝尔和平奖。

四、在得知刘晓波获奖的消息后,各地一些公民怀着兴奋的心情以聚餐、开会、举标语、发传单等方式进行庆祝或研讨,这些行为是完全合法合理的。但警察对此类活动进行了严厉压制和干扰,一些公民被扣押、盘问、威胁、遣送原籍,甚至被拘留,一些公民被软禁在家,失去行动自由甚至同时被剥夺通讯权利,包括刘晓波先生的妻子刘霞。我们要求警方立即停止这种非法行为,立即释放被拘押公民。

五、我们呼吁,中国当局以理性和现实的态度对待刘晓波获奖一事,从国内外的热烈反应中体察、辨清世界潮流与人心所向;中国应融入普世价值以及人类文明的主流,树立积极而负责任的大国形象。我们相信,政府和领导人的任何改进与善意,都会得到人们的理解与支持,都将有效地推动中国社会向着和平方向发展。

六、我们呼吁,中国当局兑现有关政治体制改革的承诺。温家宝总理最近在一系列讲话一再表达了推动政改的强烈愿望,我们愿意参与到这一实践中。我们期待,在中华人民共和国现行宪法和中国认可的联合国宪章以及各种国际公约的框架之内,政府能够切实保障公民的各项权利,和平实现社会转型,把中国建设成一个名副其实的民主、法治国家。

                                           2010年10月14日

联署人(以签名时间为顺序,继续开放联署邮箱:freexiaoboliu@gmail.com):

徐友渔(北京,学者)

郝建  (北京,学者)

崔卫平(北京,学者)

贾葭  (北京,专栏作家)

何方  (北京,学者)

张祖桦 (北京,宪政学者)

戴晴  (北京,学者)

资中筠(北京,学者)

沙叶新(上海,回族剧作家)

张博树(北京,学者)

周舵  (北京,学者)

夏业良(北京,学者)

于浩成(北京,学者)

王力雄(北京,作家 )

唯色  ( 西藏,作家)

滕彪  (北京,学者)

莫之许(北京,自由撰稿人)

蒋亶文(上海,作家)

马亚莲(上海,人权捍卫者)

温克坚(杭州,自由撰稿人)

钱跃君(工学博士,德国《欧华导报》主编)

浦志强(北京,律师 被限制人身自由中)

程益中(北京,出版人)

梁文道(香港,媒体人)

李大同(北京,学者)

梁晓燕(北京,编辑)

许医农(北京,编辑)

傅国涌(杭州,学者)

丁东  (北京,学者)

艾晓明(广州,学者)

邢小群(北京,学者)

宋以敏(北京,学者)

王东成(北京,学者)

徐岱  (杭州,学者)

丘延亮 (台北,副研究员 中央研究院民族学研究所)

王康  (重庆,学者)

徐贲  (北京,学者)

邓晓芒(武汉,学者)

叶匡正(北京,诗人)

朱日坤(北京,独立电影人)

张闳  (上海,学者)

老村  (北京,作家)

周枫  (北京,学者)

蔡甘铨(香港,媒体人)

林盈志(台湾,编辑)

雷永生 (北京,学者)

杨富芳(北京,教师)

徐敬亚(海南,诗人)

王小妮(海南,诗人)

吕频  (北京,妇女权利工作者)

郑海天(北京,离休编辑)

程迺欣(北京,离休编辑)

岳建一(北京,学者)

郭于华(北京,学者)

姚大力(上海,学者)

杨伟中(台湾,媒体人)

周保松(香港,学者)

徐晓  (北京,编辑)

朱正琳(北京,学者)

郑也夫(北京,学者)

石涛  (北京,企业管理者)

朴抱一(上海,媒体人)

郑褚  (成都,媒体人)

花落去(北京,媒体人)

姚博  (北京,作家)

杜婷  (香港,媒体人)

何杨  (北京,独立纪录片制作人)

华泽  (北京,纪录片导演)

张辉  (北京,德先生研究所负责人)

野渡  (广州,作家)

游精佑(福建,工程师)

吴华英(福建,人权捍卫者)

苏雨桐(德国,媒体人)

杨海  (西安,民间学者)

黎雄兵(北京,律师)

倪玉兰(北京,维权律师)

刘巍  (北京,维权律师)

李和平(北京,律师)

金光鸿(北京,律师)

李金星(北京,律师)

唐吉田(北京,律师)

陆以诺(上海,公民 基督徒)

黄燕明 (贵州,人权捍卫者)

郑创添(广东,公民)

刘强本(北京,公民)

董继勤(北京,人权捍卫者)

周洪玉(福建,公民)

吴玉堂(福建,公民)

魏英 (福建,人权捍卫者)

卓友桂(福建,人权捍卫者)

林碧仙(福建,人权捍卫者)

李华  (北京,自由职业)

任嘉祺(北京,诗人)

张永攀(北京,由撰稿人)

王德邦(广西,人权捍卫者)

张居正(河南,人权捍卫者)

韩颖  (北京,人权捍卫者)

杨树枝(北京,人权捍卫者)

杨树萍(北京,人权捍卫者)

王炜  (山东,公民)

游豫平(福州,大学生)

王立红(哈尔滨,自由职业)

门延文(北京,市民)

王我  (北京,纪录片导演)

刘沙沙(北京,人权活动人士)

胡杰  (南京,纪录片导演)

王超  (北京,电影导演)

徐娟  (德国,媒体工作者)

唐晓渡(北京,评论家)

魏海田(内蒙古,新闻记者)

张真  (纽约,学者)

安替(北京,媒体人)

萨冲 (意大利, 工程师)

郭小林(北京 , 诗人)

王晓鲁(北京,媒体人)



On Liu Xiaobo and the Nobel Peace Prize

            The awarding of the 2010 Nobel Peace Prize to Liu Xiaobo, a Chinese citizen, has drawn strong reactions both inside and outside China.  This is a major event in modern Chinese history.  It offers the prospect of a significant new advance for Chinese society in its peaceful transition toward democracy and constitutional government.  In a spirit of  responsibility toward China’s history and the promise in its future, we the undersigned wish to make these points:

            1.   The decision of the Nobel Committee to award this year’s prize to Liu Xiaobo is in full conformity with the principles of the prize and the criteria for its bestowal.  In today’s world, peace is closely connected with human rights.  Deprivation and devastation of life happens not only on battlefields in wars between nations; it also happens within single nations when tyrannical governments employ violence and abuse law.  The praise that we have seen from around the world for the decision to award this year’s prize to a representative of China’s human rights movement shows what a wise and timely decision it was.

            2.   Liu Xiaobo is a splendid choice for the Nobel Peace Prize.  He has consistently advocated non-violence in his quest to protect human rights and has confronted social injustice by arguing from reason.  He has persevered in pursuing the goals of democracy and constitutional government and has set aside anger even toward those who persecute him.  These virtues put his qualifications for the prize beyond doubt, and his actions and convictions can, in addition, serve as models for others in how to resolve political and social conflict.

            3.  In the days since the announcement of his prize, leaders in many nations, regions, and major world organizations have called upon the Chinese authorities to release Liu Xiaobo.  We agree.  At the same time we call upon the authorities to release all political prisoners and prisoners of conscience who are in detention for reasons such as their speech, their political views, or their religious beliefs.  We ask that legal procedures aimed at freeing Liu Xiaobo be undertaken without delay, and that Liu and his wife be permitted to travel to Oslo to accept the Nobel Peace Prize.

            4.  Upon hearing the news of Liu Xiaobo’s prize, citizens at several locations in China gathered at restaurants to share their excitement over food and wine and to hold discussions, display banners, and distribute notices.  Normal and healthy as these activities were, they met with harassment and repression from police.  Some of the participants were interrogated, threatened, and escorted home; others were detained; still others, including Liu Xiaobo’s wife Liu Xia, have been placed under house arrest and held incommunicado.  We call upon the police to cease these illegal actions forthwith and to immediately release the people who have been illegally detained.

            5.  We call upon the Chinese authorities to approach Liu Xiaobo’s Nobel Prize with realism and reason.  They should take note of the responses to the prize inside and outside China and see in these responses the currents in world thinking as well as the underlying preferences of our fellow citizens.  China should join the mainstream of civilized humanity by embracing universal values.  Such is the only route to becoming a “great nation” that is capable of playing a positive and responsible role on the world stage.  We are convinced that any signs of improvement or goodwill from the government and its leaders will be met with understanding and support from the Chinese people and will be effective in moving Chinese society in a peaceful direction. 

6.  We call upon the Chinese authorities to make good on their oft-repeated promise to reform the political system.  In a recent series of speeches, Premier Wen Jiabao has intimated a strong desire to promote political reform.  We are ready to engage actively in such an effort.  We expect our government to uphold the constitution of The People’s Republic of China as well as the Charter of the United Nations and other international agreements to which it has subscribed.  This will require it to guarantee the rights of Chinese citizens as they work to bring about peaceful transition toward a society that will be, in fact and not just in name, a democracy and a nation of laws.


Communiqué sur l’attribution du Prix Nobel de la paix à Liu Xiaobo

Le citoyen chinois Liu Xiaobo a obtenu le prix Nobel de la paix 2010. Cette nouvelle a eu un impact extraordinaire tant en Chine qu’à l’étranger. C’est un événement historique pour la Chine contemporaine, une nouvelle occasion pour elle d’effectuer une transition pacifique vers un gouvernement constitutionnel. Dans un esprit de responsabilité devant l’histoire, et devant le destin futur de la Chine, nous publions le communiqué suivant :

1)L’attribution par le comité Nobel du prix Nobel de la paix à Liu Xiaobo correspond aux objectifs et aux critères d’attribution de ce prix. Dans la société contemporaine, la paix est inséparable des droits de l’Homme, la privation de la vie et son piétinement ne se produisent pas seulement sur les champs de bataille, mais sont également causés par la mise en oeuvre de mauvaises lois et d’une politique de violence.Le concert de louange de la part de l’opinion internationale montre que l’attriution du Prix à une personnalité représentative du mouvement chinois des droits de l’homme est une décision correcte et opportune.。

2) Le choix de Liu Xiaobo pour ce prix est particulièrement juste, car il n’a cessé de défendre les droits de l’homme de manière non-violente, et a toujours adopté une position raisonnable dans sa résistance aux injustices sociales ; il a montré une grande ténacité dans son combat pour obtenir la mise en oeuvre d’un régime constitutionnel,et malgré les persécutions, il est dépourvu de toute haine, ce qui fait de lui un candidat idéal pour le Prix. Les idées et la pratique de Liu Xiaobo constitutent pour les Chinois de mode de résolution des conflits

3) Dès qu’il a obtenu le Prix, les gouvernements de tous les pays, les dirigeants de toutes les régions et de toutes sortes d’organisations n’ont cessé d’exiger des autorités chinoises qu’elles libèrent LXB, ;nous adoptons la même attitude. En même temps, nous appelons les autorités à libérer tous les prisonniers de conscience et les prisonniers politiques enfermé pour des raisons d’idéologie,d’expression ou de foi religieuse.Nous appelons à prendre au plus vite toutes les mesures pour que LXB regagne sa liberté, qu’il soit réuni à son épouse Liu Xia, et qu’il puisse se rendre en personne à Oslo recevoir le prix.

4) En apprenant la nouvelle, dans toute la Chine, des citoyens ravis ont organisé des banquets, des réunions, ont porté des banderolles, distribué des tracts pour célébrer ou discuter l’événement ; ces actions sont tout à fait légales et raisonnables. Mais les policiers ont ont réprimé ces activités, des citoyens ont été gardés à vue, interrogés,  menacés, renvoyés dans leur lieu d’origine, voire détenus, placés en résidence surveillée, privés leur liberté d’action, privés de leur droit de communiquer avec l’extérieur, comme l’épouse de LXB Liu Xia. Nous exigeons que la police mette immédiatement un terme à ces actes illégaux et libère immédiatement les citoyens détenus.

5) Nous appelons les autorités chinoises à adopter une attitude raisonnable face à l’attribution du Prix à LXB, et en observant les réactions chaleureuses en chine et à l’étranger, à se mettre en accord avec le courant mondial ; la Chine doit entrer dans le courant principal des valeurs universelles et de la civilisation de l’humanité, et établir l’image d’un grand pays positiv et responsable. Nous sommes convaincus que toute amélioration et toute bonne intention du gouvernement chinois sera accueillie par la compréhension et le soutien de tous, et poussera la société chinoise dans une direction pacifique.

6) Nous appelons les autorités chinoises à tenir leur promesse de réforme du système politique. Le premier ministre Wen Jiabao, dans un ensemble de discours, a récemment manifesté son profond désir de faire avancer la réfome politique, et nous sommes prêts à participer à ce processus. Nous souhaitons que dans le cadre de la Constitution de la République populaire de Chine, de la Charte des Nations Unies qu’il reconnaît, et des traités internationaux qu’il a signés,le gouvernement puisse garantir réellement tous les droits des citoyens, qu’il mette en oeuvre une transition sociale pacifique afin de faire de la Chine un pays démocratique, doté d’un Etat de droit digne de ce nom.

October 15, 2010 in News - Miscellaneous, People and Institutions | Permalink | Comments (0) | TrackBack (0)