Listen to the voice of Jurists

 

-- tutor Professor, Ph.D. student of Law School of Peking UniversityGong XiantianIncoming letter

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Comrade Liu Jun:

 

Hello! Are you a few days to ask a few questions to me, I thought it over, comprehensive up to answer as follows. If there are different opinions, we can discuss.

 

　A, how to treat the trial? Where is the meaning?

 

The trial, the extraordinary significance. On August 22nd, is south of typhoon landing Tan beauty, North River Heilongjiang crevasse, in this century trial. The trial, will be a China law construction drawing nodules, will leave a strong one in Chinese history. Chinese socialist rule of law may through this trial began to reveal its due authority, Xi Jinping as general secretary of the CPC Central Committee have passed the trial in the lofty reputation, the restoration of the Communist Party of winning hearts and minds, the party, in the correct errors, especially errors correction of the party and government leaders to cause, in the maintenance of the constitution of our country, the scientific socialism road let the whole China towards people happy and let the domestic and foreign reactionary forces hostile to step; of course, may also develop in the opposite direction.

 

After the collapse of the Soviet Union, U.S. imperialism to dominate the world, it's the last strategic goal is to Chinese, differentiation, westernization and "peaceful evolution" China, vassal forced China become imperialism. American late famous political scientist Hans Morgenthau said, the new imperialism in three ways, namely military imperialism, economic imperialism and cultural imperialism. Military imperialism is too expensive; economic imperialism, advocate privatization, marketization, liberalization of trade, the WTO and the world bank and other international organizations are wildly beating gongs and drums to carry out; cultural imperialism, and maintain the "human rights" banner, through cultural exchanges, education, personnel exchanges and other forms of communication, "universal values", peddle decadent bourgeois way of life and values, to poison people's soul, erase the will of the people, to the national excellent traditional culture and morals, culture, also from not stopped. It seems, in addition to the hands of the hands of military imperialism is no effect, can say, China has in the "big success".

 

Chinese and foreign forces hostile to the Communist Party and the socialist arrogance may suffer a heavy blow, this may be a convergence point; cook up charges against and framed "common prosperity" road and by the good cadre masses love, may be more revealing his true colors, more respect and love the people.

Of course, events may on the contrary.

 

Two, the defendant can be convicted? Why?

 

According to the law of knowledge I have, especially the knowledge of criminal law, have seen already public prosecution and defence in court said the text and the testimony of the witness, at the same time, to consider me as a jurist, limitations of my own research direction, so I also consulted a special criminal law studies Peking University famous criminal at present, the court according to the common understanding is: we, the defendant is difficult to convict.

 

Why? According to our country legal circles, people's courts accepted crime has the "four elements" theory, said the defendant guilty is not established. Especially the evidence, the evidence system: first, the lack of logic, can be established beyond reasonable doubt crime chain; second, some of the testimony of witnesses stultify oneself; third key witnesses, some lack of capacity, probative force is very weak. Fourth, some witnesses prove intent cannot exclude the possible perjury.

 

If the court as a standard and sentenced the defendant guilty, I'm afraid since the reform and opening up the leadership of the Communist Party cadres are not "criminals" is really very rare! This is obviously very absurd, nor give enemies at home and abroad to excuse. To do so, it is to make your friends and gladden enemies!

 

Three, it is reported Dalian and citizens of Chongqing to the very high appraisal, considered a good leader led them down the road of "common prosperity", the trial had any effect on them?

 

A direct link between the world of things is limited, while the indirect contact is infinite. The trial began during the international and domestic class struggle in the thick of the fight and, absolutely can not look at it in isolation. The whole world each different class and different kinds of forces are concerned about it, that's why I called it "the trial". In this trial, can be said to be the world's two forces struggle stage a result.

 

　　We don't forget between a series of events occurred before and after the so-called "Chongqing incident" link.

 

In 2011, Kissinger visited Chongqing in September, after returning to the report: "terrible Chongqing model, the new duel of the century", the report pointed out: "Chongqing mode is terrible to Chinese enhance internal people to support China authorities, as China liberation war affected the world, Chongqing model will be popular, the China official and the people to win a friendly at least tens of years, United China, this is USA strategic interests should not be allowed." "USA against terrible Chinese Chongqing model, because this model is more Chinese will trigger a global change, if Chinese take reservations, in the western international people have hated greedy Wall Street western capitalism, is unable to solve domestic debt moment, but is Chinese state-owned enterprises and the mode of Chongqing, will cause the International Latin America, the Middle East, Africa international have followed, although China political reform in the choice of their own way, but obviously, achieves the following the Chongqing model, Chinese authorities control of state-owned enterprise of strategic resources plus, which is enough to model the future of other countries in the world to follow. But is a threat to US strategic space is very big, I'm not sure to America benefit loss is much, but when the occupy Wall Street movement in China once found the semi-finished product model. We can't guarantee America people came to power with the votes a America Communist party. In the course of the American the Communist Party came to power, may be the new party like the tea party Republicans and Democrats, or improved, problems may not be radical, but people's awakening, try a new air. I cannot promise that Europe will not fall. It includes Western rulers may have to consult the management Chinese large problem." "In order to American interests, they must stand up, and their benefits, we can take care of, but to protect the America interests first, defect Chinese is infighting expert, not many people know, against Chongqing, is our strategy, but for USA, military conflict is dangerous, but it China upper unity, Chongqing mode is terrible."

 

The morning of February 28, 2012, the World Bank President Zoelick press conference held in Beijing, promoting economic reform program Chinese bank. Professor Du Jianguo was forced out of the venue to the venue to resist.

 

In March 14, 2012, the Golden Hall of the five session of the eleven National People's Congress held a press conference at the Great Hall of the people on the third floor, Premier Wen Jiabao meets with Chinese and foreign journalists and answered a reporter's question, proposed "the Chongqing municipal Party committee and City Hall must reflect".

After the trial, Gu Kailai, Wang Lijun.

 

During the period of Dalian in the office, I have been to Chongqing several times, and by the end of 2011, I have been there once. Prior to this, "people's Daily" reported and praised Chongqing, the Central Political Bureau Standing Committee of the 2/3 went to Chongqing, I have personally seen the photocopy of the National People's Congress Chairman Wu Bangguo of the inscription: "the all black". But in March last year, a sudden change in the situation, to a big turn.

 

"The municipal Party committee and City Hall must reflect the" and "caught" is the Cultural Revolution pernicious influence, and what is not line? Is the same before and after the member of the Political Bureau of the Chen Xitong and Chen Liangyu the scandal, who called the Beijing municipal Party committee and Shanghai municipal Party committee reflection? Why would Chongqing municipal Party committee and City Hall reflection?

The local problems are central no responsibility? Who is promoted and reuse the defendant?

 

Where has Chongqing in accordance with the Constitution and the law against the place?

Chongqing is not in accordance with the spirit and the planning indicator General Secretary Hu's work?

Why had not remind the municipal Party committee and City Hall, and make a surprise attack?

Inside of your Political Bureau why wait until his comrades crime before treatment?

With the struggle of a way to solve the problem clearly great resistance, also very complex (because the master does not lie in whether the leadership level!), then it is struggles within the problem into a criminal solution.

However, even if the defendant sentenced guilty, why?

 

When the people in the heart that someone is not a crime, is innocent, as long as the belief is the firm will undoubtedly, then for the accused is guilty and sentenced innocent, for people who are not affect the general situation, just for a ruler (ruler) their ruling legitimacy, its reputation and history evaluation problem is a key.

 

Four, why tried in Ji'nan? Do you think that the trial results will be how?

 

I think, in the Shandong Ji'nan trial is Xi Jinping as general secretary of the CPC Central Committee for the great trust, the people of Shandong and the judicial organs for this, as the people of Shandong, I feel happy. However, I also worry about. The courts and judges if "only obey the law", "eliminate all unlawful interference", verdict does "lawful, fair", safeguard judicial justice, to earn the honor for the Republic of the rule of law, also left the eternal fame for himself; on the contrary, also do not eliminate, some artificial guarantees the black gauze cap, against illegal the judgment, which will in China socialist rule of law history into a later people will never forget the bad case, leaving the eternal infamy.

 

Five, how to treat the new leaders of such an arrangement?

 

From the moment I can get information, Xi Jinping as general secretary of the CPC Central Committee is better than the previous Central Committee of the party are open, a little progress. Because, a conspiracy level than thirty years ago is not increased but decreased, but the level that people recognize and see through the conspiracy to greatly improve the. The trial information appropriate publicity is a progress. This first of all thanks to the development of information technology and science and technology, modern communication technology and the Internet, I always think, factors including communism. The plot is most afraid of exposure, the exposure should be exposed is scientific and technological progress and development can not curb the phenomenon. The more afraid of exposure is described. The trial of moderate openness, that central and confident. Then, last April the government shut down more than 80 illegal websites, by the masses of the mouth, do not know this truth; the government has not release practice, bring any benefits for themselves would not.

 

In a word, the rule of law in the trial of progress, should be fully affirmed. So, I to Xi Jinping as general secretary of the new Party Central Committee hold high the Marxism Leninism, Mao Zedong Thought banner, adhere to the scientific socialism road, restore the mass line, expressed his warm support and firm support, the masses of the people under the leadership of the Party Central Committee under the new gradually correcting past mistakes, I have some confidence.

 

With best wishes!

　　                   Gong Xiantian

 August 23, 2013