"Crimes against humanity should be added in the criminal law"

"Legal culture" -- Reading Notes of nine

Deng Wenchu

(by the Standing Committee of National People's Congress)

Respect the National People's Congress Standing committee:

Heard that the NPC is the amendment to the criminal law, as a citizen, want to take this opportunity to offer a little reference to the legislation in China, I am not in the law, as, but still hope you can pull a read.

Earlier I had proposed to abolish the "Underworld" crime from criminal law, but not formally put forward written proposals (I will formally proposed text later), it is proposed here should be added a "crime against humanity" in the criminal law, the reasons are as follows:

A,             International law has anti humanitarian crimes, originated in the1946Years1Month19Released the "Far East" Charter of the international military tribunal. As the International Military Tribunal for the Far East of Tokyo Trial basis. The Tokyo trial was formally established the international law system of "crimes against humanity", on charges including "war or war on unarmed genocide, genocide, enslavement, deportation and other inhumane acts." Although the "crime against humanity" in the process is mainly the international trial or the International Military Tribunal for war crimes in use, but not to limit its scope of application. Moreover, a person with breadth of vision have pointed out that, at present Chinese political situation already not peace, but in the "quasi war" state -- state spending close to the defense budget, which of course after the Standing Committee makes hand, your heart the most clear; and in the "stability" in the process of repeatedly using military or paramilitary power, whether the object is a civilian or mob, is to use the enemy or the masses -- the army in some extent means that the fact of war. Local area repeatedly in order to military power quasi war occupation and control -- military control, also reiterated that Chinese already in the quasi war -- although there may be local. And for the strict control of public opinion and freedom, relative to the people's Republic of China since the founding of new China in the "state of emergency", for "shrouded under martial law". Therefore, although the country is not in any case formally to any region or any of the people for war, but Chinese culture has always been focused only on facts and don't care too much, so on the basis of the "quasi war" state, here proposes to increase the "crime against humanity" in the crime in the criminal law. Reference and adoption of this charge, one is to the recognition of the fact that, on the other hand, is also in line with international standards, is a sign of progress Chinese towards "political civilization".

Two,             Although the "humanitarian", "human nature" discussion, as early as in the last century50Time to80Age is always abnormal lively, at present the theory still relatively only shows that they have no time to do a theoretical argument, and have to deal with the real world of "inhuman" spread, especially power subversion of humanity (see me about Ni Yulan's two articles, such as "humanitarian subversion"). To some extent, the power of humanity of subversion, have a direct relationship with the official resolutely oppose the theory of human nature, anti humanism "bourgeois" Ideology -- here I do not want to do analysis on history and theory. The official ideology, does not exist the so-called human nature, some just class nature and party spirit; that there is no human nature in the abstract, there is no universal human nature, only the class specific; that human nature, humanitarian bourgeoisie propose is false, not only the production of class nature -- class, party spirit is the specific true. This theoretical debate (should say is ideological criticism) although finally by means of violence has been suspended, but human nature and will not be destroyed, even if it is a batch of humanitarian in cage, silent. These historical disaster to Philosophy and later to recall or talk, I'm here to say is, because this kind of ideological criticism and political attacks, humanitarianism, humanism, human value, human care and other content, suffered a devastating strike, which is one of the reasons China bureaucratic loss of humanity, but also one of the reasons at present, the quasi war appears. It shows that humanity is unable to eradicate violence, but must admit. At the same time, must also be stressed that, human nature, humanitarian, human, humanism, human relations and so on vocabulary, not only is the bourgeoisie (the West), is Chinese culture (traditional), these words in English the same word translation. If you deny the western culture of "human nature", it was also denied Chinese culture of "human nature" -- even the humanitarian, human relations, human have to deny, in the cultural revolution period may win the anti capitalist, anti feudal glory, but at the moment, but will win against universal values, anti China culture.

Three,             As for the talk about human nature, humanitarian, temporarily shelved. But regardless of the proletariat and bourgeoisie must admit, the foundation of humanity is always the same. In order to apply the law of materialism based on strict significance, we must also by some abstract concept of human nature, the humanity further recourse to common -- there is as a matter of people based their. Both East and West, whether it is Marx or Chinese Communist Party, admitted that such a truth, the first people to eat and sleep, want to survive and develop. People regardless of its class nature, its body structure is always the same; whether ancient or modern, the basic content of human existence is the same. I think, legislation should this materialism based on this standpoint, Marx. The human nature, humanitarian reduction "is not the will of the people as the material basis of transfer" -- the body --. So, in order to get rid of the influence law of ideological bias, cast off the influence of nationalism, legislative technique and neutrality can be guaranteed, on the theoretical basis for legislation and therefore can be absolutely be as solid as rocks.

Above is the "criminal law" increase in "crimes against humanity" reasons, the "criminal law" should be added to the "crime against humanity" the specific content to do a simple statement, intended to initiate, hope the legislation in China, especially the jurists, judicial circles of friends to participate in the discussion.

1,  The continuation of life is the prerequisite for human continuity, and the continuation of life is normal The new supersedes the old. So, usually by violence or force to hinder the body's normal The new supersedes the old., can be classified as "crimes against humanity" -- including, don't let the normal eating and drinking, don't let the normal excretion, don't cry and howl, don't let the normal sleep, rest and so. As for the damage to the body and other crimes, "has been included in the criminal law", in sentencing, can consider both crime. The Confucian classics taught that "the whole body by the parents, afraid to damage", is to equate the various parts of the body, no stress, so the two crimes, if it can be incorporated into the "crime against humanity", then merge the best; not merge, should be in sentencing equivalent Qi concept, to respect the tradition of Chinese culture.

2,  In addition to the metabolic functions of the body, and a few special organs in the human body, has the function of several life can not be replaced, is the basis and content of humanity. Mainly including genital reproductive function and pleasure form function; oral expression and vocal function in addition to. Genital function is not completely individual happiness, happiness is the premise of individual human continuity. Therefore, all stop, especially to the violent hinder human sexual behavior, it should be classified as crimes against humanity. According to this article, "criminal law" in "group licentiousness" crime should be abolished, so this one accusation against not only harm the principle of criminal law, more important is it against the human nature -- the laws of nature without any a ban on human happiness, there is no a stipulated number coital individual with others and times, unless this behavior in the victim or forced; natural, special charges in violation of family planning, should also be cancelled -- although there is no income of this crime in the criminal law, but each of us face it. Because, "family planning law" itself is anti humanity -- standing in the human point of view, if the sperm and the egg has been set by the human nature, a man for life only one sperm, a woman lifetime only one egg, the "family planning law" is legal nature or substance foundation. Otherwise, any mandatory implementation of this plan is committed crimes against humanity, crime and "genocide", called "massacre in imitation of offspring". Not only the genocide committed crimes against humanity, and is on the Chinese cultural betrayal -- can be charges "against the motherland crime" and "anti traditional culture of Confucian culture" -- said that "the greatness of the heaven and the earth", another "life and growth in nature", the Chinese nation can survive, do not depend upon the "life and growth in nature"? Evil law is so strict requirements to cancel this crime against humanity.

Therefore, because of physical custody and forcibly deprive others of life, as a "crime against humanity", but according to the criminal was deprived except legitimate authority in Criminal Law -- but it also added a punishing content: "deprivation of rights".

Also, because the hukou restrictions caused the couple can not lead a normal life of husband and wife, can constitute a "crime against humanity", the couple refused to provide sexual services to government departments except to maintain the humanist.

In addition, prevent men and women forced into sex, especially during sex acts, whether official or non official, the behavior of the individual or the organization behavior, constitute a "crime against humanity", the sentence can refer to the crime of rape (individual) or gang rape crime (organizational behavior). Confucian teachings said: "the couple, the beginning of humanity", said, "food, also". Visible, forced into others coital process, based on the Confucian teachings, is the humanity of subversion, is committing "crimes against humanity".

And oral function, but eat and drink, and speaking functions, basis and content that is human nature. Therefore, any stop, interfere with another sound, speech (also includes natural writing this alternative) behavior, it constitutes a "crime against humanity" -- unless human technology reached this level, the human do not need to complete the sound would survive, or do not need to survive. Confucianism teaches, "anti people's mouth rather than anti Chuan", is also the human oral phonation function as a natural need, like a river flowing and natural way. In the natural history, frequent Chinese earth will Sichuan event, flood disaster, and the dam anti blocking behavior, can be said to be the scourge, and "anti people's mouth" disaster, natural disaster than the killer, is to go beyond. Therefore, all others sound "crimes against humanity, nature".

3, "The heart of each different, so", which is observed and cognitive China culture on human, the observation and cognition of human (not for Chinese) provides human biodiversity theory standard. From the natural process, nature is so different from the individual, but also because this biodiversity needs. While the claims as China culture, the individual is different, not only in the surface (the body), but in the heart -- heart China culture contains mind, will and thought content. Therefore, all with a strong means or other legal, illegal means (such as large-scale propaganda, education resources, monopoly of advertising and other means to follow the pattern of the wind), follow the same pattern, uniformity of public opinion, ideology and so on strange phenomenon, make the person cannot form the emotion, will and cognitive respective, constitute a "crime against humanity". According to this China cultural diversity that appear before, "constitution" or "criminal law" in the class struggle, the elimination of exploitation class or eliminate class are saying, all belong to the "crime against humanity", should be resolutely banned -- different class there is proof that human diversity, and to destroy the class is the extinction of the human the original definition, therefore, the theory of class struggle in accordance with international law of "crimes against humanity", but also against the diversity that China culture this visionary claims. Extreme crimes both East and west to denounce.

Because the legislative experts China multi is a western legal training, so China criminal laws tend to western culture, have the tendency to deviate China actual, no wonder the nationalists were combined with the "slavish" nickname. I this letter, also some worry jurists can identity -- because you lack of Chinese cultural understanding of the lack of respect, and even some people even books are difficult to read, so here is not put much, the great theory above to make a statement and political significance, hope to be able to cause the understanding and attention to rest.

"Criminal law" in the first "crimes against humanity" will be China culture great contribution to world law, is also Chinese excellent culture to the world platform, to promote the China culture, Oriental value, is not to promote universal Chinese culture. In the --

First of all, in the world legal culture system, introducing Confucianism the strongest vitality of the cultural system, the western culture the exclusive world situation is broken;

Secondly, from the perspective of jurisprudence, to promote the Confucian culture on the body of respect (whole body by the parents), life (born to greatness of the heaven and the earth), to natural human identity (sex is), on human diversity certainly (people different, each as the surface) and so on, theoretical basis as a "crime against humanity", the law obtained material basis and cultural connotation of solid, and can be eternal glory, forever;

Moreover, as the material basis, the Confucian culture and the Marx materialism theory to reach a consensus, the Marx doctrine and the Marx doctrine China China finally have natural and cultural double connection point, this will be the humanity to the world really began, the meaning of "criminal law amendment" not only can include, and is of theoretical and practical significance in the world, is not to be sneezed at.

Based on the above reasons, I solemnly to the Standing Committee of National People's Congress proposed the "criminal law" amendment suggestions, in the current "criminal law" add "crimes against humanity", a method of keeping pace with the times, in order to be; a look far ahead from a high plane, leading the world. A lot of attention and significance, hope you take.

Sincerely salute!

Citizen Deng Wenchu

C.2010Years9Month1Day