滕彪文集
[主页]->[独立中文笔会]->[滕彪文集]->[China’s Unstoppable Lawyers: An Interview With Teng Biao]
滕彪文集
·中国公民社会前景:乐观还是堪忧?
·中共渗透遭美欧澳等国谴责 专家析世界格局
·Laogai, le goulag chinois
·不反思計劃生育 中國就沒有未來
·中国:溃败与希望
·Conversation on China’s human right
·Draconic Restrictions on Uyghur Cultural And Religious Freedoms
·寧添十座墳,不添一個人
· the only way seems to become more dictatorial and oppressiv
·不管藍營綠營,面對的都是「集中營
·惠台政策还是经济统战?
·专访:用李明哲案件恐吓整个台湾
·習近平進一步向毛澤
·中共專制政權威脅全世界
·新戊戌变法的变与不变
·【Documentary】China: Spies, Lies and Blackmail
·No escape: The fearful life of China's exiled dissidents
·中国异议人士逃抵西方仍难脱离中共监控威胁
·The State of Human Rights Lawyers in China
·权益组织:电视认罪—一场中国官方导演的大戏
·温良学者 正义卫士(一)
·Has Xi Jinping Changed China? Not Really
·訪滕彪律師談中共政權對於全世界民主自由人權發展的負面影響
·中共绑架中国
·美国务院发布人权报告 点名批评中国等八国
·滕彪,温良学者 正义卫士(二)——发出不同的声音
·鸿茅药酒:中共制度之毒
·on televised confessions
·滕彪,温良学者 正义卫士(三)——挑战恶法 虽败犹荣
·温良学者 正义卫士(四)——铁骨也柔情
·温良学者 正义卫士(五)——黑暗中的闪电
·美两党议员推法案 要求调查中共渗透/NTD
·Video【Teng Biao: From 1989 to 1984】
·第二届藏港台圆桌会 中国律师表态支持自决权
·自由民主與自決權:第二屆藏港台圓桌會議
·Exiled in the U.S., a Lawyer Warns of ‘China’s Long Arm’
·端传媒滕彪专访:一个曾经的依法维权者,怎么看今日中国?
·VOA:川金会上 人权问题真的被忽略了吗?
·“中国的长臂”:滕彪审视西方机构对华自我审查
·中国长臂迫使西方机构公司自我审查/RFA
·美退出人权理事会 滕彪呼吁应将人权与经贸利益挂钩
·“中国政治转变的可能前景”研讨会纪要
·滕彪:川普退出人权理事会是为人权?西藏、新疆民族自决
· The Second China human rights lawyers day
·第二届“中国人权律师节”将于7月8日在纽约举行
·【video】A message from a Chinese human rights lawyer
·【RFA中国热评】美中贸易战、 “七五”、“709案”
·回顾709案:中国迫害律师的第三波高潮
·中国人权律师节力赞人权律师的意义
·高智晟、王全璋获颁首届中国人权律师奖
·Chinese rights lawyers and international support
·高智晟王全璋纽约获人权律师奖 亲友代领
·709大抓捕三周年 境内外纷有声援行动/RFA
·Forced disappearances
·光荣的荆棘路——第二届中国人权律师节开幕短片(Openning film on the Sec
·用法律抗争与对法律宣战
·「709大抓捕」並非偶然…
·An Editor Speaks Out: Teng Biao, Darkness Before Dawn, and ABA
·中國假疫苗事件能夠杜絕?
·当局不解决人们提出的问题,而是〝解决〞提出问题的人们
·疫苗之殇还是贼喊捉贼/RFA
·The legal system is a battleground, and there’s no turning back
·A Call for a UN Investigation, and US Sanctions, on the Human Rights D
·关注新疆维吾尔自治区人权灾难的呼吁书
·警察街头扫描手机内容 新疆式维稳监控扩散
·The banned religious group that has China worried
·人间蒸发 强制失踪受害者日 家属焦急寻人
·中国留学生都是“007”?
·忧末日恐慌蔓延,中国围剿全能神教
·An Open Letter on Ilham Tohti’s Life
·关于伊力哈木生命致多国政府和欧盟理事会的公开信
·918 RESIST Xi Jinping
·公安部拟新规“维护”警察权威
·The United Nations, China, and Human Rights
·司法部整顿律师业:统统姓党
·美中媒体战?中国在美两大官媒被要求登记为外国代理
· Alphabet City Q&A with Teng Biao
·The Xinjiang Initiative
·无权者也是有力量的/RFA
·欧洲议会通过议案 促中共关闭新疆「集中营」
·China’s global challenge to democratic freedom
·彭斯講話揭新篇 預示對華政策大轉變
·彭斯講話揭新篇 預示對華政策大轉變
·欧洲议会通过议案 促中共关闭新疆「集中营」
·失踪的范冰冰与高智晟
·Chinese clients of New York ‘asylum mill’ lawyers face deportation t
·「千人计划」再受挫折 美籍华人学者涉儿童色情罪案及间谍活动
·"Vous pouvez facilement devenir fou"
·【纪录片】赫索格的日子
·【纪录片】:退无可退
·你很容易就發瘋了/眾新聞
·“合法化”集中营(滕彪)
·新西兰政治献金丑闻 中共渗透引关注
·中共治疆与恐怖主义、分裂主义、极端主义
·CCP’s involvement in higher education and on university campuses -
·新疆181座集中营 批量采购手铐电棍
·纪录片《对话》
·中共制造民族分裂 尊重维吾尔人民族自决权
·欲盖弥彰的暴行
·China Builds More Prisons in Xinjiang/RFA
· China’s global challenge to democratic freedom
[列出本栏目所有内容]
欢迎在此做广告
China’s Unstoppable Lawyers: An Interview With Teng Biao

http://www.nybooks.com/blogs/nyrblog/2014/oct/19/china-rights-lawyers-teng-biao/?insrc=wbll
   
   Ian Johnson
   
   

   Teng Biao is one of China’s best-known civil-rights lawyers, and a prominent member of the weiquan, or “rights defenders,” movement, a loosely knit coalition of Chinese lawyers and activists who tackle cases related to the environment, religious freedom, and freedom of speech and the press. He came to national attention in 2003 when he and two other young Peking University law students successfully petitioned parliament to end the “custody and repatriation” law that gave police sweeping power to detain people for failing to have a residence permit or valid ID. The issue had come to national attention after a twenty-seven-year-old university graduate was beaten for failing to have proper identity papers.
   
   Teng, who is 41, is also a founder of gongmeng, the Open Constitution Initiative, a group of lawyers and academics who argue for greater rule of law and constitutional protections, and the New Citizens Movement, a broader group of civil rights activists. He is a lecturer at the University of Politics and Law in Beijing but has been banned from teaching since 2009 because of his political activities He is currently a fellow at Harvard Law School. I met him in Berlin in late August, a few days before he left for the United States.
   
   Ian Johnson: This week, the Chinese Communist Party is staging its annual plenum—that much-watched event in which hundreds of members of the party’s central committee gather to discuss policy. This year’s theme is supposed to be “governing the country according to law.” Do you expect any significant changes to come of it?
   
   Teng Biao: I don’t care what they talk about; I don’t expect anything. For the past two years they’ve arrested more than three-hundred human rights defenders and intellectuals, such as Pu Zhiqiang, Tang Jingling, and Ilham Tohti. And they have destroyed many Christian churches, they cracked down on the Internet, and they published a series of articles against universal values [an expression for human rights, civil liberties and other values that are enshrined in international law but often criticized in China as Western], constitutionalism, and judicial independence. With such actions, they can’t have meaningful reform of the legal system.
   
   You’ve said that Xi Jinping is trying to bring China back to a totalitarian kind of system with a cult of personality. But in a totalitarian system, the government controls much more of daily life than is the case in China today.
   
   He is not able to achieve totalitarianism, but he wants to. The problem for him is the civil society in China is stronger than he thinks. We have the Internet, we have globalization, we have a market economy.
   
   It seems like a darker time today. In the 2000s, you had all these movements like the New Citizens’ Movement. But one by one they’ve been closed down, its leaders arrested, or silenced. Was there more hope a decade ago when you were finishing your Ph.D.?
   
   In general I’d say that Chinese leaders have never stopped their crackdowns and control of civil society. They’ve arrested dissidents and leaders when they feel it’s necessary. So they arrested student leaders after 1989. They arrested the leaders of the China Democracy Party in the late 1990s, like Xu Wenli. They arrested Liu Xiaobo three times and many other democracy activists.
   
   Late last year, the government said it had abolished laojiao [Re-education Through Labor, a practice according to which police had wide-ranging powers to detain people and send them to labor camps without trial]. Have they definitively repudiated this kind of detention or is it just cosmetic?
   
   It can be considered progress, but in China there are many other methods of extrajudicial detention, such as shourong jiaoyu [detention for education] and shourong jiaoyang [work-study detention for juveniles], as well as black jails to detain petitioners, and shuanggui [extrajudicial detention for officials under investigation of wrongdoing].
   So why did they abolish Re-Education Through Labor if they have so many other methods to detain people without trial?
   
   Because this one is the most infamous. They faced pressure from civil society, such as in the Tang Hui case [in which a woman was sent to a labor camp in 2012 for trying to find the men who had raped her daughter] and also from the international community. Many people abroad know of laojiao but they don’t know the other methods.
   
   Still, I think it is progress. It was so easy for police to put people in Re-education Through Labor. Since it was abolished they more often use the provisions for criminal detention under the criminal procedures law. According to that, the police can detain a person for thirty days without any involvement of the prosecutor or the court. But after thirty days they are supposed to apply for a formal arrest. If the arrest is authorized then the case enters the criminal procedure. If not, then they are released. So it’s more complicated to use these other methods.
   
   Many foreign lawyers want to help their colleagues in China. What can foreign legal associations do to help?
   
   The American Bar Association and others have some programs but the problem is the foreign lawyers’ associations misunderstand China’s bar association, the All-China Lawyers Association. It is called a lawyers’ association but it’s totally controlled by the Chinese government. Many foreign groups have programs and funding efforts but it’s not good to support the official lawyers’ association. They should support the weiquan lawyers. We human rights lawyers have some informal groups and some programs, like against the death penalty or torture.
   
   What can foreign lawyers do with the human rights lawyers specifically?
   
   Training or exchange. Sometimes they have meetings or conferences and don’t invite us. If they only invite the official lawyers, they cannot tell you the truth.
   
   If you’re working as a criminal defense lawyer in such a system, how can you help your client?
   
   Every level of government has a zhengfawei [Political and Legal Affairs Committee], which is run by the Communist Party. So judges are not independent. They must follow the orders from the government, especially in sensitive cases.
   
   Most of the time we lawyers provide evidence, but even if it’s obvious that the defendant should be found innocent, the judge often cannot allow this decision. When they write the verdict they ignore what we’ve provided. So for us rights defense lawyers, our frequent strategy is to use the media, especially the Internet, to put pressure on the government.
   
   Why would anyone want to become a criminal lawyer under these circumstances?
   
   I got started because of the Sun Zhigang case, when we were shocked about how this man could be beaten to death just for having the wrong papers. The weiquan movement has also been helped greatly by the Internet because you can find other like-minded people. You see, in the past, the government pushed ideas like class struggle. But then, in the 1990s, it started to argue for “rule of law.” People began to realize that we can use this vocabulary to fight for civil rights.
   
   And our numbers are growing. In 2003 or 2004, there were just twenty or thirty weiquan lawyers. But now It’s hard to define who’s a human rights lawyer. We find that when we take a sensitive case, more lawyers are interested in helping. Some are very active, like Gao Zhisheng or Pu Zhiqiang or Xu Zhiyong. For the active ones, I’d say there are two hundred. There are hundreds of others willing to take a human rights case. So all in all, maybe six or seven hundred.
   
   Are these lawyers active throughout China or only in Beijing?
   
   In 2004, 80 percent or 90 percent were in Beijing. In China there are 240,000 lawyers and one third are in Beijing. But especially since 2009, there have are now many in other cities, such as Guangzhou, Chengdu, Hangzhou, or Changsha.
   
   People say that many weiquan lawyers are Christian. I know you are not, but is there an explanation for this?

[下一页]
blog comments powered by Disqus
blog comments powered by Disqus

©Boxun News Network All Rights Reserved.
所有栏目和文章由作者或专栏管理员整理制作,均不代表博讯立场