Luo Jiahui in the National People's Congress law school farewell speech
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Aaron Lewis
Luo Jiahui in the National People's Congress law school farewell speech
Thank you, Professor zhu.
I was very happy in my asUSAAmbassador to China before the end of term return to people's university.I'm Chinese most some unforgettable experience is access to the university.I feel very happy, last year to hold the moot court competition here (Moot
Court competition) during a speech.
Some of you may already know, I will soon be back USA to reunite with their families, two children I can finish high school there.The whole family moved back to American was not an easy decision, but this is my family and I together to make decisions.My wife and kids to leave here feel sad; Chinese people have been very warm and friendly.We are one family on the land of our ancestors have some understanding and exploration, gratifying and exciting.
In China before leaving, I want to talk about some very important both to me and to China topic: the rule of law and theSpeechHas important significance to the formation of continuous progress and social stability.
The rule of law and freedom of speech to help America become so successful, so creative, so full of life and social stability, attract and continues to attract people from all over the world.
Let me first talk about the rule of law.As you may know, I began working as a lawyer, in my home state of Seattle (Seattle,
Washington) for 4 years as a criminal prosecutor.I am responsible for the prosecution accused of burglary, robbery, drug trafficking and murder.
I'm onLawAlways enthusiasm to continue throughout my occupation career.I had a short as a part-time judge.As the governor of the state of Washington, my work often involves the legal affairs.
According to the criminal justice system American, whether they are small case of burglary, and relates to the life and death of prosecutions, anyone who is convicted of presumption.In addition, all the people -- big and small, rich or poor, famous or unknown -- enjoy a fair chance, receive the equal treatment.
The rights of the little people is the foundation of legal system American.As early as in eighteenth Century, few people think of the Atlantic (Atlantic
Ocean) on the other side of a loose coalition of 13 colonies of civilians. It can get rid of Great Britain (Great
Britain) rule independence.But these colonies did win.As the young America continued efforts to create a new national heritage, our founding father asked our Constitution guarantees to defend the rights of the little man.
After generations of efforts, we American court has been established, no one is above the law, even the president of the United States of america.In 1974 American v. Nixon (Nixon) case,Supreme Court(Supreme
Court) in spite of opposition to President Nixon, the White House announced command (White
House) recorded in the Oval Office conversations tape.These tapes to disclose information to the white house cover up illegal activities be completely bared there and then, eventually led to the resignation of President Nixon.Our legal and political system proved once again, no one is above the law, even if American most powerful people are no exception.
China own legal tradition and history than we have, in many ways and America different, but also into the equality before the law.In fourth Century BC, the Qin state, the famous China politicians and reformist Shang Yang expounds his legal philosophy in "book of Lord Shang".One of the most important doctrines he established as one of his famous saying: "the prince and the common people with the crime".Therefore, in 2300 years ago China, the principle of equality before the law was proposed and accepted.
American constitution (United States
Constitution) is the foundation of the legal system in china.This system has been proved to have precious value, one of the reasons is that it can adapt to the social changes with time bound to happen.In this sense, it has the ability of self correcting.From time to time we amend the constitution, in order to more accurately reflect our values, and let more people be protected -- into the past excluded people.USA Africa born until nearly 100 years after the founding of our country by the three amendment to the constitution, is considered to be USA citizens enjoy all the rights and freedoms.Similarly, women until 1920 by the Nineteenth Amendment before being allowed to vote.In 2008 Barack Obama (Barack
Obama) was chosen as the first Chinese American Africa American president, provides another proof of the progress we have made.
According to my own experience of countries, the rule of law provides greater legitimacy for the government, because people believe channel correcting problems fair and transparent.The rule of law does not necessarily guarantee a person to obtain favorable results.The outcome of the case in the court agreed with the losing party will not leave, but they think they get the opportunity to defend himself in court -- opportunity fair.When they left, believe that the legal procedure has the basic integrity.
That is the same as the physical activity, you may not always agree with the referee's decision, but if you obey the rules, if you believe that the referee is fair, players and fans are able to accept the outcome of the game, even if their side's defeat.But is not acceptable, the referee ignoring the rules or distort the rules, take a party or a player practices.
About the people to our country legal system that confidence and belief, one recent example is the 2000 presidential election American -- George Bush governor and Vice President Al Gore (Governor
George Bush v. Al Gore) race.The results of the presidential election last only by 9 people -- 9 American Supreme Court (U.S.Supreme
Court) judges vote, may be the first America history.They must decide what procedures should be used to calculate the counting, Florida (Florida), some very confusing ballot -- in view of the very close in the state's votes, then everyone know this decision can confirm who is elected president USA.How to calculate the disputed votes in Florida, they decided in favour of George Bush, although some groups believe that Vice President Al Gore in fact won more votes in Florida, and therefore should be declared the next president.
However, although the Supreme Court's decision has caused strong controversy, vice president Gore and his supporters are still accepted the decision of the court, because they believe that China's legal institutions and legal procedure with integrity, to make the final decision.In many other countries, the success or failure of the presidential election so close, so intense competition, will lead to the angry mob took to the streets, revolution, even by the army seized power.The people's court USA about who becomes the next president's decision, clearly proved significant strong rule of law, can be used as a stabilizing force play a role.
Another play a stabilizing role in power USA society is freedom of speech.We considered the freedom of speech as a kind of universal rights, has been incorporated into the Chinese constitution.In fact Chinese constitution also stipulates that the freedom of speech.Freedom of speech is America First Amendment (First
Amendment) an inseparable part, shall we enjoy freedom of speech, freedom of religious belief and freedom of assembly and other basic rights.
Protection of freedom of speech in the first amendment applies not only to reflect the majority opinion or government rhetoric, more important is the protection does not represent the mainstream and often express unwelcome thoughts.However, the social benefit greatly from these views published.These statements can lead to discuss important topics need to be done.These discussions can promote and influence the opinions of the majority, and improve the social policy change in the process.
This has occurred in the American history.Let me give you two examples of recent.
The first is the civil rights movement (Civil Rights
Movement).Although President Lincoln (President
Lincoln) was released in 1863 to give freedom to the slave of the "Declaration of the liberation of slaves" (Emancipation
Proclamation), but in the subsequent 100 years most of the area American still in seclusion.Many southern states directly disobeying the constitution of our country and the Lincoln issued the declaration, approved limit American Africa American rights law.These states use laws segregated, and limit the American Africa American Civil rights.
Civil rights leaders use the Constitution guarantees the right to freedom of expression in the twentieth Century 50's and 60's eloquent explanation, a democratic society is not modern, allow isolation.The biggest influence is Martin Luther King priest (Reverend
Martin Luther King
Junior), in his famous entitled "I have a dream" speech is described in such an era, in his words, "one day, four young children and I will not live in a by the color of their skin but by the content of their character, as the judgment standard country."
This speech is the moral force of appeal to the whole nation, and urged politicians to take action.Within the next two years, Congress (Congress) by the historic civil rights and voting rights legislation, and declared the main forms of discrimination is illegal.
Play a key role in the modern history of the freedom of speech America second examples are against the war in Vietnam (Vietnam
War) protest.USA people use their freedom of expression in question took the young man to the jungles of Vietnam, to play a game that they think it wise unnecessary war.
Secretary of state John Kri (Secretary of State John
Kerry) is one of the most eloquent people in opposition to the war.In 1971, he represented the "Vietnam veterans against the war" (Vietnam Veterans
Against the
War) to speak at a congressional hearing.There is a saying his testimony today has become a famous saying: "how can you ask a person finally lost their lives in Vietnam?How can you ask a person finally as an error loss of life?"
I can assure you, this is not the Nixon president and army leaders want to listen to our words.But young John Kri and tens of thousands of protesters by using free to express their opposition to the Vietnam War and strongly suggests the reason, to help push the government to change the route, ending the war.
Like John Kri, to tell the truth is not in America unique character.Chinese himself saying can be traced back to 2000 years ago, that is "Faithful words grate upon the ear. help line".This saying is in Liu Bang in 207 BC to conquer Qin capital, Zhang Liang to his ear.Liu Bang wanted to live just seize the palace, enjoy the treasures and beauty, but Zhang Liang told him, if to do so, he may be regarded as a evildoers help one another.Liu Bang had to listen to Zhang Liang's advice, which won the support of the people.
Of course, the freedom of expression is not only delivered impressive speech.It also includes the free flow of information.Free, unrestricted access to information is essential for the modernization of society and the progress of.In China here, we have seen that can be played on the free flow of information on the development of modern society is an important and positive role in the past few years.
Let us first have a look of environmental problems.In Beijing, you knowAir qualityVery bad, but don't know how bad.Live here Americans concerned about it, and want to know about their breathing air quality information.Therefore, USA embassy (U.S.
Embassy) to provide PM
2.5 hours reading, for Americans living in Beijing, the use of.This information ultimately up to the audience and more widely, and help China people they state what should be done to improve air quality open discussion so informed on the Internet and through other channels.
Soon after, Beijing and other major city China started monitoring and publish their PM2.5 data.In recent months, the central government and the government of Beijing to further develop a comprehensive plan to improve the air quality.
The free flow of information but also to improve the management, especially the fight against corruption is evil.I to the ordinary China citizens to use in the past few yearsThe InternetReport suspected of corruption, particularly impressed.In American, also we require government officials publicly declare their assets each year to combat corruption.Must provide this information to bribery and other corrupt practices are more difficult to hide.
In China here, there have been calls for Chinese officials made a similar request.USA government pay particular attention to some calls for transformation of the people are prosecuted, they were take revenge because they open to expose the corruption, but because they express their views in a peaceful way.
We also know that the success of free circulation, diversity of views and ideas on a state like never before in this Internet era so important, especially suitable for the era of creativity and innovation.Vice President Biden (Biden) in Beijing last month said, innovation in people can breathe freely, free speech and can challenge the orthodoxy of place will be full of vigour.It in the paper can be free to report the truth will be full of vigour.We now have many differences in the above issues, including the treatment of America journalist manner.But, I and many people around the world believe that, if China respect for universal human rights, it will be more powerful, more stable, more innovative.
With more people online, free to express their thoughts, for all the people on the network, users and society have more value.But if people are not free to fully express their ideas or participate in online discussions, the Internet's potential will never fully play.Therefore, it is important, everyone should be able to express their ideas on the Internet, and using Internet debate and discussion, even if what they say may be unwelcome, even if they say may be some groups or individuals deemed sensitive comment.
The free flow of information online is already in a globalised world is becoming more and more important.In this world, the most pressing problems are not confined to any one country; when any of a country to set up barriers, all countries will suffer.In dealing with the international problem especially, for example, may spread rapidly from one country to another country of infectious diseases, as well as in this era of Global trade of food safety issues.
To make a long story short, the rule of law and freedom of speech to all move forward and make progress is crucial.As an American I am one of the factors is proud, USA people through the efforts of the people of our generation, constantly strive to USA much closer to a concept to create "illustrates a more perfect union" in China's constitution preface.
Free speech and the rule of law is the main pillar of this idea.They help to create unity, patriotic, convinced that their rights and to devote themselves to their country's future people.
Chinese career, but to play its full potential will leadership depends on the neutral and respect of the judicial system, active and dedicated lawyers, wise, and respect for the rule of law.It will also depend on the support of all constitutional freedom of speech respect, open Internet, and widely informed citizens and to how best to China in building a stable and continuous progress of the future expansion of unrestricted conversation.Are essential to a dynamic marketplace of ideas for any one country's health and progress.
Let me wish you good luck, happy horse.
Thank you very much.
America Council (U.S. Department of
State) Luo Jiahui (Gary F. Locke) America Ambassador Renmin University of China School of law China Beijing January 17, 2014