Deepening the Reform; Proclaiming General Amnesty
---Happy Chinese New Year to all the people in China
It is the Chinese New year, and we-as China Democracy Party members, say happy Chinese new year to all the people in China, and wish all the people the best in the year of horse and the country the best.
Recently, all the knowledgeable people in the mainland found that continually deepening the reform cannot depends on anti-corruption, it has to depends on general amnesty.
Meanwhile, international amnesty organization calls on the current Chinese Community rulers that they should not avoid some cases and just help some. They should release all the good detainers.
On January 21,2014, Free Asian radio stated: The international amnesty organization condemns that China will have trails for eight anti-corruption people, including the promoter of New Citizens’ movement Xu, Zhiyong who is sentenced 4 years in prison by Chinese Communist authorities. This action is really hypocritical. Trails of dissidents highlightens the deficits of the anti-corruption movement promoting now. The statement of “China: hypocritical suppress corruptive people “states: though the Chinese president Xi, Jinping pledged to combat corruption, the way we see is the suppression to anti-corruption people. These people had to go through trials only because they used their rights of freedom of assembly and freedom of expression.” The failing of making this happen would make the current anti-corruption movement as a joke.
We believe that amnesty includes pardon all the historical problems, such as giving justice to June 4th event in 1989. This can also avoid all the people in the system fear of the future now, then all the people would wish to have reform, not afraid of reform, and promote reform, which would really deepen the reform.
Only after the general amnesty, can the abolition of reeducation through labor system effectively happen, can the community correction system be improved. This 33 Chinese characters in decision adopted by the CPC Central Committee on deepening the reform of several major issues which was passed on the Third Plenary Session of the eighth time. This means that the labor camp running in the system for nearly 60 years in China is about to become history.
However, this is only the first step. “ Beijing has started releasing inmates from labor camps”, “ there is no longer any people in custody in two labor camps in Hangzhou”, “ there is only wo remaining inmates currently in Shannxi”, “ all the inmates in Changsha has returned to society in Human province”, from all these local news, people can tell that the labor camp system has begun to end country wide.
Labor camp system first appeared in central government’s document is in the document named the instructions about completely eliminate hidden counterrevolutionaries in 1995. It states, “whoever cannot be sentenced politically and is not suitable for continued employment, and would increase in unemployment rate if put them back in community, these people should be put in labor camp. This means that though these people are not sentenced and not lose freedom completely, they are locked together and work for the country. The county would give them certain amount of money as salary. All the provinces should prepare to build labor camp by themselves. National labor camp should be set up by police department.” Labor camp became part of the law in August 1967. The National People＇s Congress approved it.
As can be seen , labor camp system has distinctive character. It is the product of that particular era. When the time comes, it should be changed. In China, especially after the legislation law introduced in 2000, it clearly states that only the national law has the right to limit personal freedom, even legislative and executive department has no this right. Therefore, the abolition of labor camp system is inevitable. This is an important progress in the rule of law, and is in favor of the public. Labor camp deprives people’s freedom, which is not decided by the court, it is decided by executive department directly. So this does not meet the principles and standards of the rule of law.
After the abolition of labor camp system, all the inmates inside would be released, and police workers there and the labor camp itself will be transformed. Even the Central Judicial Police College, the only university in the whole China with Detention Management department, also changes this into correction education department. In academic area, the direction would prefer more to correction education, social work and community correction. This also means combine the technology and practice of social work community corrections cases together.
Therefore, the establishment of a sound community correction system is imminent. “Measures for the Implementation of Community Corrections” is jointly developed by the Supreme People＇s Court, Supreme People＇s Procuratorate , Ministry of Public Security , the Ministry of Justice together. Actually, China has begun a pilot community correction system as early as 2003. And in October 21, 2009, it is implemented in the whole country. Community correction is a of non-custodial penalty enforcement regime, which means to put all the qualified criminals in the community, within the statutory time limit, by specialized government agencies, and relevant social groups try to correct their criminal psychology and behavioral habits, and promote their successful return to society.
However, from the current situation, community correction system is not fully developed. Here are some of the problems: there is no law to use when judicial, administrative authorities try to do correction work; the shortage of funding for community correction; and the people in the community has doubts and fear attitude toward these people who need to be corrected.
Therefore, community correction also needs to be defined in the legal aspects and norms. The practical base and supporting mechanism of this system is not fully established. It needs to be designed from the direction of rule of law. Therefore, the way to treat criminals in China would be more reasonable and effective. Community correction is not a substitute of labor camp system, it is a new system, it is the reflection of rule of law in China.
However, this is still far away to general amnesty.
Let us review the history. Why the regent at the end of Qing Dynasty cannot make the initiative to amnesty? This would help people to see clearly of the reason that the Chinese Communist regime does not want to have the general amnesty.
We call for: Deepening the reform; claiming general amnesty. Ask the government to release all the detained China Democracy Party members, human rights activists, and religious people. Ask to release all the prisoners with good heart.
Only claiming general amnesty, can China deepen the reform, and walk toward a democratic constitutional path.
Chinese Democratic Party
February 4, 2014
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