Author: David Bandurski

Now Executive Director of the China Media Project, leading the project’s research and partnerships, David originally joined the project in Hong Kong in 2004. He is the author of Dragons in Diamond Village (Penguin), a book of reportage about urbanization and social activism in China, and co-editor of Investigative Journalism in China (HKU Press).

What would you tell your daughter, Mr. Xi?

Dissident writer and activist Guo Feixiong (郭飞雄) — also known as Yang Maodong (杨茂东) — has been detained in Guangzhou on charges of “disrupting public order.” Guo’s family was notified of his detention — the latest in a string of actions against prominent rights advocates in China — on August 17, but a notice from the police shows that he was in fact detained on August 8.
Guo Feixiong has worked as a rights activist since 2003 and has been involved in a number of cases drawing national attention, including the Taishi Village incident in 2005 and more recently the Southern Weekly incident. Convicted in 2007 in connection with his book on political scandal in Liaoning province, A Political Earthquake in Shenyang, Guo has spent more than five of the last ten years in prison.

notice
A notice received by Guo Feixiong’s family on August 17 informs them that he was detained on August 8 on charges of “disrupting public order.”
Yesterday, Guo Feixiong’s wife, Zhang Qing (张青) released an open letter addressed to Chinese President Xi Jinping. She called for Guo’s immediate release without charge and detailed the abuses Guo and his family have suffered as a result of his activism over the past decade.

Open Letter From Guo Feixiong’s Wife Zhang Qing to Xi Jinping
*Demanding that the Chinese government release Guo Feixiong immediately and without charge.
*At the same time, calling urgently on the international community: please pay attention to Guo Feixiong. Your attention will be of immense help to China’s peaceful transformation and particularly to the matter of human rights in China! As Guo Feixiong’s wife, in the capacity of the wife of a sufferer, I offer you my thanks!.
Mr. Xi Jinping:
I am the wife of Guo Feixiong (Yang Maodong): Zhang Qing. When I learned yesterday that Guo Feixiong has again been detained on the unwarranted charge of “disturbing the public order” (扰乱公共秩序) I was shocked and angry. First of all, I must express my sense of outrage as a Chinese citizen, both towards you and towards the Chinese government under your leadership.

photo-2

This is the fourth time that Guo Feixiong has been locked up by the Chinese government. On this sleepless night, I am flooded with painful memories. But I must pick myself up, and I must raise my pen to write this open letter. I want to let you know, to let the world know, what hardships and cruelties Guo Feixiong — this Chinese prisoner of conscience — has suffered over the past ten years, and what pain and sadness we, his wife and his children, have endured as a result of his persecution.
Since his involvement with rights defense work began in 2003, Guo Feixiong has been illegally detained on four separate occasions. Illegal beatings and brutal torture have for him become common fare. This includes:
1. Interrogated to exhaustion for 13 days and nights in Guangzhou Number One Prison, where he was not permitted to sleep.
2. Placed in leg-irons for more than 100 days in Guangzhou Number One Prison.
3. Kept on a wooden bed in leg-irons and handcuffs for 42 days in Guangzhou Number One Prison.
4. Having his head shaved and being subjected to constant ridicule for more than 20 days in Guangzhou Number One Prison.
5. After being transferred to Shenyang, he was forced by case investigators to wear a black bag over his head, like that worn by death-row inmates, then was taken to a secret location and violently beaten.
6. When taken by Shenyang investigators to the secret location, he was forced to sit on a “tiger bench” for four hours. [NOTE: this is a kind of torture device, seen here].
7. When taken by Shenyang investigators to the secret location, he was cruelly strung up with his hands behind his back by police, forcing him to bear the full weight of his body with his shoulders.
8. When taken by Shenyang investigators to the secret location, he was subjected by police to the use of a taser on his genitals. Furious at the humiliation, Guo Feixiong attempted suicide by rushing at the glass window, but was unsuccessful.
9. Shenyang police locked Guo Feixiong up together with death-row inmates, and these condemned criminals threatened to carve out his eyes. Guo Feixiong had no choice but to use all his strength to break the glass window to resist them.
In the midst of Guo Feixiong’s persecution, I lost my job because of the interference of the police, and I was constantly shadowed. Police even followed my child. I remember one time when my nine year-old daughter was followed too closely. She was frightened and quickly moved ahead of them, but the police still pursued her, moving even closer. When she got home she said: “If only I could do magic, I would make them vanish!”
The persecution of our family later escalated to the point they would no longer allow my two children to attend school: The police threatened Guo Feixiong: “We won’t let your son go to primary school. We won’t let your daughter continue on to middle school.” And they did exactly as they said. My children had to be out of school for a year. When my daughter matriculated, all of her classmates had middle schools to go to, but my daughter didn’t. I remember that every day I was worried about my daughter moving up into middle school — I wrote open letters, and went out constantly to look into schools. Every time I came him, my daughter would open the door for me. Timidly, she would ask: “Have you found a school?” “No,” I would say, a lump in my throat. They don’t just use prison, inflicting torture on adults — they make things impossible for children, thinking nothing of destroying a child’s future. This sort of cruelty visited on associated [innocents] must be a rare thing whether in ancient times or in the present day, don’t you think? For me, this has been the greatest pressure, and this is the main reason we moved to the United States [in 2009] with the help of friends.
We sincerely hope these nightmares will end soon. We sincerely hope that human rights and rule of law can enjoy to most basic respect in China. And so, Mr. Xi Jinping, when you said early on in your leadership that we must fully implement the Constitution, when you swore that there would be fairness and justice in every case, even though we had already for so long felt a sense despair, we still held those words in our own hearts. How could we not feel hope, even if those promises were left just one percent fulfilled? That would be a welcome rain in the midst of crippling drought.
But then, suddenly, the crackdown comes again, and we are thrown right back down into despair. On August 17, my daughter learned before I did that Guo Feixiong had been secretly detained in Guangzhou on August 8. She said to me: “The instant I saw the news, a feeling of cold spread through my whole body, and my head felt dizzy. I could hardly get hold of myself. I wanted to cry. To shout: ‘Taken again? But he’s been out no more than a few days!'” Mr. Xi Jinping, you too have a daughter. Tell me, in a situation like this, how should I console my daughter?
I am proud of my husband. He is a tolerant, humane, responsible and compassionate man, an idealist, someone who struggles tirelessly. Our whole family respects and loves him. In 2008, when he was still in Meizhou Prison (梅州监狱), my daughter wrote him a letter, and she drew a caricature of him. She wrote on the picture: “I am a hero.” Her father was great, she said. He had suffered so much for his beliefs, and through it all he had kept his piece of mind. I truly admire him. He would never commit a crime, and it’s not possible that he’s a criminal. On the contrary, it’s those who have gone out of their way to brand innocent citizens as criminals who are the true criminals.
Mr. Xi Jinping, this open letter I’m writing today is the ninth open letter I’ve written to the senior leaders of our country. All of the letters before were just stones dropped into the sea. Will this letter be any different? I don’t dare hope. But regardless of the result, I will not give up striving. In want to use this letter to let the whole world know my inner feelings, to pray for the peace of my husband.
As Guo Feixiong’s wife, I demand that the Chinese government immediately release Guo Feixiong without charge.
At the same time, I call urgently on the international community: please pay attention to Guo Feixiong. Your attention will be of immense help to China’s peaceful transformation and particularly to the matter of human rights in China! As Guo Feixiong’s wife, in the capacity of the wife of a sufferer, I offer you my thanks!
I wish you peace!
Guo Feixiong’s (Yang Maodong’s) wife, Chinese citizen: Zhang Qing (张青)
August 19, 2013

郭飞雄妻子张青致习近平公开信
要求中国政府立即无罪释放郭飞雄。
同时向国际社会紧急呼吁:请关注郭飞雄。您们的关注对中国的和平转型尤其对中国的人权事业会有很大帮助!我以郭飞雄妻子的身份,即一个受难者的妻子的身份,感谢您们!
习近平先生:
我是郭飞雄(本名杨茂东)的妻子:张青。昨天获知郭飞雄又一次被以莫须有的“扰乱公共秩序”的罪名刑拘,我非常震惊和愤怒。首先必须向你本人以及你领导下的中国政府表达我作为一个中国公民的强烈抗议!
这是郭飞雄第四次被中国政府关进监狱。在这个不眠之夜,痛苦的回忆要把我淹没。我必须挣扎,必须提起笔写这封公开信。我要告诉你、告诉全世界,过去十年,中国良心犯郭飞雄曾经遭受怎样残酷的折磨;作为他的妻子及他的儿女,受到了怎样的牵连和迫害,经历了怎样的痛苦和悲伤。
自2003年投入维权运动以来,郭飞雄四次被非法拘捕。非法殴打和酷刑,于他更是家常便饭。包括:
1、在广州市第一看守所,被疲劳审讯13个日夜,不许他睡觉。
2、在广州市第一看守所,被戴上脚镣100多天。
3、在广州市第一看守所,被手脚穿插固定铐在木板床上42天,全身不能弯曲。
4、在广州市第一看守所,被警察拔头发、搔痒侮辱达20多天。
5、在被转押沈阳后,被办案人员戴上死刑犯的黑头套,押到秘密关押地点进行暴打。
6、在沈阳警方办案人带到秘密关押地点,坐老虎凳4小时。
7、在沈阳秘密关押地点,被办案警察凶残地反吊双手悬空,靠双手肩关节支撑全身重量。
8、在沈阳秘密关押地点,被办案警察用高压电警棍电击生殖器。郭飞雄不堪其辱,愤而冲向玻璃窗自杀未遂。
9、沈阳警方把郭飞雄与死刑犯关押在一起,绝望的死刑犯威胁要挖他的眼睛。郭飞雄不得已奋力砸破窗户玻璃与之抗争。
在郭飞雄受到迫害的同时,我也因为警方的干预失去了工作,而且被跟踪。警方甚至跟踪我的孩子。还记得9岁的女儿被跟的太近,感到恐惧,想快快走开拉远距离,可是警察反而跟的更紧。她回家后给我说:“我要是会变魔术把他们都变没有就好了!
对我们一家的迫害,后来更升级到不让我的两个孩子上学。警方曾威胁郭飞雄:“我们不会让你的儿子上小学的。我们不会让你的女儿升初中的。”他们的确说到做到。儿子失学一年。在女儿升学时,同班同学都有初中上,我女儿没有。记得那段时间,我每天焦虑地为我女儿升学的事写公开信,出门为她找学校。每次回家,女儿给我开门,都用怯怯的声音问我:“找到学校了吗?” 我总是难以启齿地说:“没有”。不仅用监狱、用酷刑折磨大人,更折磨孩子、更不惜毁掉孩子的前程,这样残忍的连坐,古往今来应该都属罕见吧。这对我来说是最大压力,也是我们在朋友帮助下辗转来到美国的最重要的原因。
我们多么的希望所有这些噩梦尽早结束,多么希望人权和法治在中国受到起码的尊重。所以,习近平先生,当你上任之初宣誓要全面实施宪法,宣誓要在每一个案件中体现公平正义,虽然我们早已经绝望,但那些话确实说到我们心坎上,我们又不免泛起一丝丝希翼,哪怕那些宣誓只兑现百分之一呢?对良心犯和良心犯家属也是大旱中的甘霖啊。
但是,打击猝然来临,我们又一次陷于绝望之中。8月17日,女儿先我获知郭飞雄早在8月8号被广州国保密捕,她告诉我:“看到这消息的瞬间,就感觉有一种从体内散发出来的发凉发麻的感觉,大脑晕眩。好不容易回过神来,想哭,想喊:又被抓了?他才出来几天?”习近平先生,你也有女儿,你告诉我,在那样的场合,我该怎样面对、怎样宽慰我的女儿?
我为我的丈夫而骄傲。他是一个宽容、良善、有责任感、有悲悯心的人,一个理想主义者,一个不懈的奋斗者。我们全家人都尊敬他,爱他。2008年他还在梅州监狱时,女儿给他写信,画了一张他的卡通像,在那张画上她写道:“我是英雄”。她说爸爸了不起,为坚持信念吃了那么多的苦,而且一直保守他的心灵平和。我很佩服他。他不可能犯罪,不可能是罪犯。恰恰是那些把无辜公民当罪犯投入大牢的人,才是真正的罪犯。
习近平先生,今天写这封公开信,是我给国家最高领导人的第九封公开信。以前的信统统石沉大海,这封信的命运会怎么样?我不敢想。但不管结果如何,我都不能放弃努力。我要通过这封信告语天下,向天下人诉说我的衷曲,向上苍祈求我的丈夫平安。
在此,我谨以郭飞雄妻子的身份,严正要求中国政府立即无罪释放郭飞雄。
我同时向国际社会紧急呼吁:请关注郭飞雄。您们的关注对中国的和平转型尤其对中国的人权事业会有很大帮助!我以郭飞雄妻子的身份,即一个受难者的妻子的身份,感谢您们!
顺祝
平安!
郭飞雄(杨茂东)太太、中国公民:张青
2013年8月19日

The Party and its promises

As the debate over constitutionalism rages inside China, the China Media Project is pleased to announced the publication (or re-publication) of Heralds of History (历史的先声), a book that documents the articles and speeches that defined the Chinese Communist Party’s push for freedom, democracy and constitutionalism in the 1940s.
The book, edited by CMP fellow Xiao Shu (笑蜀), was first published in China in 1999, but was quickly banned by the authorities. It is an authoritative collection of speeches and articles outlining the CCP’s core goals and political beliefs from the early 1940s through the end of the war of resistance against Japan in 1945.
For example, there is Mao Zedong’s June 13, 1944, article in the Party’s Liberation Daily, in which the first paragraph from the “great helmsman” reads: “China has shortcomings, many shortcomings in fact, and the greatest of these, in a word, is that it lacks democracy. The people of China are in dire need of democracy, because only with democracy can our war of resistance have strength, can our internal and external relations be right . . . can we build a good nation — and only democracy can ensure unity in China once war has ended.”

mao article

[ABOVE: Front page of the July 13, 1944, edition of the Chinese Communist Party’s Liberation Daily newspaper, with article from Mao Zedong on democracy on the right.]
Then there is the July 3, 1945, piece in the Chinese Communist Party’s Xinhua Daily, the headline: “Fighting for Democracy is Something for All the People of the Nation.” “[T]his is already the century of the people,” the piece begins, “the age of democracy, and no country can stand alone outside the great democratic tide — so China must, and must urgently, realize democracy.”
democracy page

[ABOVE: Front page of the July 3, 1945, edition of the Chinese Communist Party’s Xinhua Daily newspaper, with article on the need for democracy.]
Xiao Shu’s book, published by the Journalism & Media Studies Centre, is absolutely essential reading. You can purchase the book at Cosmos Books in Wan Chai or Kowloon.
book cover

But don’t take our word for it. The following is a review of the book — placing its publication nicely in the context of the current constitutionalism/anti-constitutionalism storm — in today’s Lianhe Zaobao. The review is written by Wu Wei (吴伟), a scholar of modern Chinese history who in the 1980s was a researcher at the Office of Political Reform of the CCP Central Committee, and served as secretary to the office’s director, Bao Tong (鲍彤).

The CCP Should See its Political Promises of Yesteryear as ‘Positive Assets'”
Wu Wei (吴伟)
Lianhe Zaobao
Heralds of History, edited by Mr. Xiao Shu, has recently been reissued in Hong Kong. This book was first published in China in 1999, and at that time it bore the subtitle: “Solemn promises made a half century ago.” Perhaps it was this subtitle that touched on sensitive nerves, causing the book to be repeatedly banned, so that to this day few Chinese have ever heard of it.
A promise is the word of a trustworthy person that ensures something will happen. The political promises of a ruling party are this ruling party’s clear declarations of political attitude, political goals, a political contract made with the people of a nation in exchange for support and authorisation. They also amount to a political consensus reached with the people of the nation. They contract and define this Party’s future political actions, forming the basis of political power and legitimate government. And whether it abides by its political promises is a basic measure of the party’s political organization, its governing morals and political ethics.
Way back during the war of resistance [against Japan] in the 1940s, the Chinese Communist Party, as a “friendship party” with the ruling Kuomintang Party, issued a series of demands to limit the one-party dictatorship of the Kuomintang, calling for the implementation of democratic constitutionalism, initiating and leading a social movement to achieve democratic constitutionalism in China. Mao Zedong, Zhou Enlai and other leaders of the Chinese Communist Party, the Liberation Daily, Xinhua Daily and other CCP media issued a torrent of discussions and articles criticizing the Kuomintang’s fascist formula of “one political party, one doctrine, one leader” (一个政党,一个主义,一个领袖). They expounded comprehensively on the supreme importance of democratic constitutionalism, freedom, equality, love for humanity and human rights for China’s political development.
Heralds of History includes a segment from Zhou Enlai’s 1944 “Address Concerning Constitutionalism and the Question of Unity” (关于宪政和团结问题的演说), which represents the Chinese Communist Party’s political demands at the time: “We believe that if we desire to achieve constitutionalism, we must first achieve a number of prerequisites of constitutional reform. We believe the most important prerequisites are three: the first is to ensure democracy and freedom for the people; the second is to lift the ban on political parties; the third is to exercise local autonomy. The people’s freedoms and rights are many, but right now what all the people need most urgently is freedom, freedom of residence (人身居住), freedom of assembly and association (集会结社的自由), freedom of speech and the press (言论出版的自由).” These calls and demands were a political declaration made against the dictatorship of the Kuomintang. They were solemn promises made by the Chinese Communist Party about the political goals it would pursue once it achieved political power. And they were the source of the serious care and support shown to the Chinese Communist Party by the masses and by various other democratic parties.
At a political conference held after the victory [in the war against Japan], through the combined effort of the Chinese Communist Party, the Kuomintang and other political parties, and through a process of political consultation, a draft emerged for a Western-style constitution. Even though the draft later failed, people could see that the Chinese Communist Party and other parties were working towards democratic constitutionalism. Later, as the Kuomintang struggled both politically and militarily to maintain authoritarian rule, these promises to realize democratic constitutionalism, to realize the dream that “farmers have land to till”, earned the Chinese Communist Party the broad political support and social foundation it needed to achieve political power — and in 1949 it won leadership of the entire country.
A half century has passed . . . but the CCP that gained political power has not truly fulfilled those promises it made back at that time. While China today does have a constitution, it does not have constitutionalism; while it has the words “republic,” what it has in effect is a one-party authoritarian system of exactly the same kind the Kuomintang had back at that time.
. . .
This book edited by Xiao Shu again raises those promises that the Chinese Communist Party made those many years ago. It lets the people of China know that the Chinese Communist Party of more than a half century ago was a political party in pursuit of democracy, that had pointed out a broad road for the development of the Chinese people. This book is a “positive asset” for the Chinese Communist Party, allowing it to protect and grow its wealth. Realizing these promises is China’s historical responsibility, and also the hope of the people of China. Only be realizing these promises can the Chinese Communist Party continue to preserve the basis for its leadership.
The problem is that there have always been people within the Chinese Communist Party who have spurned these promises. More than ten years ago, this book edited by Xiao Shu was banned entirely in mainland China. After the 18th National Congress [in November 2012], General Secretary Xi Jinping declared: “The life of the constitution is its implementation; the power of the constitution is in its implementation.” He talked about “raising the full implementation of the constitution to a new level.” He said also that [the Party] “must strengthen checks and monitoring of the exercise of power, putting power in the cage of regulation.” Just as most normal Chinese were celebrating this, thinking a beautiful “Chinese dream” was about to become real, a number of mainstream [Party] media pushed a wave of anti-constitutionalism. They talked about how “constitutionalism is a political system belonging to capitalism,” that it was “a trap by which imperialism hoped to bring about the peaceful evolution of China.” The people who wrote these things all completely forgot that in those years the leaders of the Chinese Communist Party themselves initiated the move toward constitutionalism, that they continually praised American-style democracy, that they continually declared that the Chinese Communist Party must, after it came to power, “avoid one-party authoritarianism at all costs,” “not allow one-party rule of the country.” Of course, not everyone has forgotten the promises, and some explain that this was merely a strategy at the time to gain political power. But that is tantamount to an admission that at that time the Chinese Communist Party used whatever means it could to deceive the people and gain political power, that it has no political morality or political ethics. So in order to deny constitutionalism, in order to deny the promises the Chinese Communist Party made in those years, some people are ready to push the Chinese Communist Party into a place without virtue, trust or justice, turning the Party’s governing legitimacy into a joke.
Yesterday, I saw Zhang Ming’s review of Xiao Shu’s book, in which he said he did not believe that the Chinese Communist Party was ready to simply toss out this period in its history, to write off the constitutional movement of its leaders. While I too don’t believe, I do feel uncertain. On the one hand, because of this anti-constitutionalism wave we are seeing. And on the other hand because it is as Zhang says, that realizing these promises and “accepting this legacy means a complete rebirth through political reform. This kind of reform is something the Kuomintang could not do when it governed China, but can today’s Chinese Communist Party do it?” I have little confidence.

The Dragging Ship of Hukou Reform

hukou reform

There have been many reports lately suggesting the government might move soon to reform or dismantle its restrictive household registration, or hukou, system, an internal passport system that has left millions of rural migrants in China’s rapidly developing cities cut off from the full benefits of economic development and urbanization. It looks more likely, however, that pending reforms will mark only a slight shift, allowing rural migrants to gain local hukou status only in smaller cities. In the above cartoon, posted to Sina Weibo by artist “Cartoon Sinking Stone” (漫画沉石), a massive tanker is labeled “Hukou Reform,” but the ship is getting nowhere because it is propelled forward only by tiny, ineffectual oars labeled “pilot project.” It appears, meanwhile, that the ship is actually anchored on the opposite side.

China's constitutional debate

There is now little doubt that the defining ideological debate in China this year will be that between constitutionalism and socialism.
For the beginnings of this story we have to wind back to early December last year, when Xi Jinping marked the 30th anniversary of China’s 1982 Constitution by saying: “We must firmly establish, throughout society, the authority of the Constitution and the law and allow the overwhelming masses to fully believe in the law.” Xi also said that “[no] organization or individual has the privilege to overstep the Constitution and the law, and any violation of the Constitution and the law must be investigated.”

constitution anniversary

[ABOVE: Xi Jinping speaks during 30th anniversary celebrations for China’s Constitution on December 5, 2012.]
Right on the heels of Xi Jinping’s speech, it became clear that political reform advocates in China were drawing strategic inspiration from Xi’s remarks, that they saw “firmly establishing the Constitution” as the ideal moderate strategy to push change on the basis of a document that already — or so they argued — constituted and represented a political consensus.
The Southern Weekly incident in January 2013 and the year’s inaugural edition of the journal Yanhuang Chunqiu (“The Constitution is a Consensus for Political Reform“) were a throwing down of the gauntlet. (READ: “Reformers Aim to Get China to Live Up to Own Constitution,” NYT, February 3, 2013.)
By late spring and early summer, the counterattacks against constitutionalism as a new way of framing the political reform debate had become relentless. Notable was a series of editorials in the Red Flag journal, which we wrote about here.
Most recently, there were three editorials in the overseas edition of the Party’s official People’s Daily, all issuing colorful attacks on constitutionalism (one likening it to “trying to catch fish in the trees”). The first of these editorials baldly declared: “Constitutionalism only belongs to capitalism, and it is not compatible with socialism” (宪政只属于资本主义,和社会主义无法兼容.).
It must be emphasized that the overseas edition of the People’s Daily IS NOT, exactly, the People’s Daily, by which I mean it cannot be construed as representing an official view to the extent that (albeit very problematically) the China edition of the People’s Daily can. That sounds complicated, I know. But just remember that even the hometown People’s Daily can become a battleground for internal Party struggles, and so is not a simple reflection of consensus. [READ: “What’s Up With the People’s Daily?“]
In this case, the overseas edition of the People’s Daily is being exploited by opponents of the constitutionalism drive, a case (if you will) of hitting line balls (打擦边球) politically. They are trading on the confusion over the nature and purpose of the overseas edition of the People’s Daily to try to suggest their views on constitutionalism are dominant and overriding.
There are still plenty of other voices out there on this issue that are worth reading. I’ll share just a couple.
Earlier this week, Yuan Ling (袁凌), the Caijing magazine feature writer and CMP fellow best known for his recent groundbreaking investigation of the Masanjia labor camp, wrote a long piece based on an in-depth interviews with the prominent legal scholar Jiang Ping (江平). In the piece, Jiang suggest the framing of this issue as a face-off between constitutionalism and socialism is entirely misleading, that the fundamental goals of both are compatible.
The following is just a taste:

Jiang Ping: Socialism is a Good Thing, Not Incompatible with Constitutionalism
August 12, 2013
Caijing, Yuan Ling (袁凌)
“I often say to He Weifang that socialism is a good thing, not something incompatible like fire and water with constitutionalism. Stalin and the Cultural Revolution, these were about dictatorship, not about socialism.” In his flat in Baolong Hot Springs Apartments, this is what the 83 year-old Jiang Ping has to say about the controversy over “socialism and constitutionalism.” This is the question he has thought about the most recently.
In Jiang Ping’s eyes, socialism is about fairness and justice, and this is inseparable from, and can work in concert with, the freedom and rule of law that constitutionalism represent, thereby arriving at the greatest point of commonality.

jiang ping

[ABOVE: Legal scholar Jiang Ping. Image by Caixin Online.]
A half century ago, a distortion happened between these two [socialism and constitutionalism] that resulted in a generation of disaster, and resulted also in the young Jiang Ping being branded a rightist. As Jiang Ping tells it, he was just one egg fortunate enough to have survived after the whole basket was overturned, though his shell had already been cracked.
But Jiang Ping suggests that a more apt metaphor might be a railroad tie under the train, that while it has been crushed by the force of the train going off the rails still remains unbroken, and still can bear up the pressures of the times and form a piece of the tracks leading on to rule of law; and then there is a new germination of ideas in its shade. This, perhaps, is one of the messages conveyed by the title of Jiang Ping’s oral memoir, Sinking and Rising (沉浮与枯荣).
The mind of this “railroad tie that is capable of thinking” is still turning, crying out, searching.

The next piece is written by Wang Jianxun (王建勋), an expert in constitutional law who also earned a PhD in political science at Indiana University-Bloomington. The piece, “How I See Constitutionalism,” appears in the latest edition of Yuanhuang Chunqiu.
Wang’s piece is framed as a straightforward explanation (Political Science 101) of what constitutionalism is all about — much needed considering the flood of claptrap the issue is getting.
Here is a taste:

How I See Constitutionalism
August 12, 2013
Wang Jianxun (王建勋)
Yanhuang Chunqiu
Recently, quite a number of publications have run pieces criticizing constitutionalism. This is something we’ve not seen very frequently over the past 100 years of our history. Since constitutional reforms were undertaken at the end of the Qing Dynasty, aside from those periods of totalitarian rule, the journey to constitutionalism has remained a fundamental bottom-line consensus for the people of our country.
Since these voices against constitutionalism emerged, not only have they been met with constant counter-criticism, but they have ignited a debate about constitutionalism within intellectual circles. We have seen in particular an ongoing debate between the “socialist constitutionalism camp” (社会主义宪政派 or 社宪派) and the “general constitutionalism camp” (泛宪派 or 普宪派). This debate has on the one hand exposed a deficiency of constitutional knowledge among the theoretical set (理论界), and on the other hand shown that people imagine very different things when they think about realizing constitutionalism. Against this backdrop, it’s of utmost urgency in China right now to clear up what constitutionalism actually means.
So what does “constitutionalism” mean? In a word, constitutionalism is a concept and a set of institutional insurances for checking the power of the government and protecting the basic rights and freedoms of individuals. Constitutionalism also entails a prescribed state of governance, in which checks on power and the primacy of law are effectively implemented. In this state, the power of the government is effectively limited, and the basic rights and freedoms of the individual are adequately protected. The core of constitutionalism is the limiting of power, and to this day, the most effective means discovered by humankind for the limiting of power is its separation, including horizontal decentralization (横向的分权) and vertical decentralization (纵向的分权). The first is what is called “separation of powers” (三权分立), and it means that legislative, executive and judicial powers are separate with mutual checks and balances. The latter is called “federalism” (联邦主义), and it means that national government and various local governments are separate with mutual checks and balances.

Jail video of activist Xu Zhiyong released

On August 8, close associates of Xu Zhiyong (许志永) released a video taken of the jailed rights campaigner during a recent visit to the jail in which he is being held by Chinese authorities. In the video, just over a minute long, Xu talks about the need for more citizens to stand up and defend their rights in “this age of absurdity.” [Here is an updated post of the video from the Wall Street Journal, with subtitles].
The video is taken by the visitor through the bars of a cell or visiting room where Xu is secured with handcuffs.

No matter how this society [of ours] is, how defeated or how absurd, this society needs brave citizens who can stand up and hold fast to their beliefs, who can take their rights, responsibilities and their dreams seriously. I’m proud to put the word ‘citizen’ before my name, and I hope everyone does the same, putting the word ‘citizen’ before their name. Let us unite, and work together to make our rights as citizens matter, to make our identities as citizens matter — working together to promote democracy, rule of law, fairness and justice in our country. Surely we can build a free, public-spirited, loving and good China.




Xiao Shu freed, releases statement

Veteran journalist and former CMP fellow Xiao Shu (笑蜀), who was detained by state security police on August 2 for his vocal support of rights activist Xu Zhiyong (许志永), was freed earlier today after being returned to his home in Guangdong province.
Xiao, a key proponent of China’s so-called New Citizen’s Movement, a broad movement to promote greater citizen involvement in a range of social and political issues, posted the following statement shortly after his release:

Personal Statement from Xiao Shu
1. I have just returned to my residence in Zhongshan. As of August 4 at 1 p.m. I am once again free.
2. Beginning August 2 at 12:30 p.m., I lost my freedom for 48 hours. I was first illegally abducted by state security and taken to the airport in Beijing, where state security police from the city of Guangzhou returned me under close guard back to Guangdong. I was then held illegally at the Xiaoyingzhou Hotel in Guangzhou’s Panyu District. At no point were any legal procedures undertaken.
3. This extralegal forced measure owed to my coming to the aid of Xu Zhiyong and 15 other participants in the New Citizen’s Movement [who have recently been detained]. I came to the assistance of Xu Zhiyong and these 15 other participants in the New Citizen’s Movement out of a basic sense of decency, and because of my views on the building of a civil society. The building of a civil society is not about one person or about one group of people but concerns everyone, concerns the welfare of the whole nation, and is in the greatest public interest of the [Chinese] people. It is the greatest consensus that can unite various classes, and in particular those both inside and outside the system . . . The suppression of Xu Zhiyong and the 15 other participants in the New Citizen’s Movement is in fact the suppression of civil society, and it is impossible to tolerate. Each day that Xu Zhiyong and the 15 other participants in the New Citizen’s Movement remain un-free is a day that I will continue to give this issue attention and come to their aid. I am willing to pay the price for Xu Zhiyong and the 15 other participants in the New Citizen’s Movement, and for the building of a civil society.
4. I feel especially grateful for the attention paid to my case by domestic and international friends and media during my detention, and I would like to offer my deepest thanks. I understand that I bear a great responsibility, and I will continue to do my best.
5. My position is one of moderation, reason and determination, and this will not change in the face of any adversity. I encourage both domestic and international media to continue paying attention to the Xu Zhiyong case, exercising the greatest possible pressure within the scope of the law and the constitution. And I remind the relevant authorities to respect the law, to respect the opinions of the people, and to immediately release without charge Xu Zhiyong and the other 15 participants in the New Citizen’s Movement [who have been detained].
6. Further, I call on the authorities to release all prisoner’s of conscience, to abolish the process of illegal abduction and illegal detention just as the detention and repatriation system was abolished [in 2003], and to desist from all illegal coercion of citizens — so that all citizens can truly enjoy freedom from terror.

Journalist Xiao Shu detained by state security

Posts from journalists, scholars and activists have flooded across Chinese social media this afternoon reporting that Xiao Shu (笑蜀), the veteran Chinese journalist who recently issued an open call for the release of activist Xu Zhiyong, was taken into custody by security police in Beijing at around 2 p.m. today. CMP’s attempts to contact Xiao Shu directly through all known phone numbers and social media accounts have so far been unsuccessful.
Xiao Shu has been one of the most active proponents in recent months of broader citizen participation in social activism and change over a range of issues, what has been broadly called the New Citizen’s Movement.
Following the detention last month of social justice advocate Xu Zhiyong (许志永), Xiao Shu pushed actively for Xu’s release, demanding that those responsible be held accountable. Xiao Shu was also the author earlier this year of an open letter calling on China to ratify the International Covenant on Civil and Political Rights (ICCPR).


A former commentator for Southern Weekend, the prominent paper at the center of nationwide protests over press controls earlier this year, Xiao Shu was most recently a member of the editorial board of Yanhuang Chunqiu, a leading liberal journal.
An investigative reporter for a prominent news magazine in China told CMP today that Xiao Shu has been under close scrutiny for months. Earlier this summer, the reporter was staying in the same hotel as Xiao Shu in Beijing’s Haidian District. At around 1 a.m. state security appeared outside Xiao Shu’s hotel room and asked that he join them downstairs. The investigative reporter accompanied Xiao Shu at first, but was immediately told to leave. Xiao Shu’s talk with state security went on for at least an hour, the reporter said. Xiao Shu later said they had insisted he leave Beijing. He refused, saying he had a right to remain in the city.

[ABOVE: A Weibo post by activist Tang Gula (唐古拉) reports that veteran journalist Xiao Shu has been “taken away.”]
The following is one of Xiao Shu’s latest writings, sent to CMP earlier this week. We will work on a translation of the piece over the next couple of days.

中间社会站出来
笑蜀

7月26日,天则经济研究所20周年庆典上,企业家任志强大声疾呼:许多人工的堤坝阻挡了鱼类洄游,威胁到鱼类的生存。必须拆除那些堤坝,让江河自由,让江河奔向海洋,不单自然界如此。这话刚落脚,马上响起雷鸣般的掌声。
早在十天前,即7月16日,企业家王石也有一段慷慨之辞。那天刚刚披露湖南企业家曾成杰的死讯。举国震惊。王石第一时间在微博上发声,承认在重庆企业家遭薄熙来黑打时自己“采取了不吭气的态度”,承认这是“懦弱错误的行为”。并宣示:对违反法律,侵犯财产、侵犯生命的权力部门,要明确说不!
而更早之前,当柳传志提醒“正和岛”同仁在商言商勿涉时政时,企业家王瑛就忍无可忍,不仅退岛以示抗议,而且发表了措辞强硬的声明,批评柳传志助长恐惧。她认为,恐惧没有道理,事实上企业家跟权力勾兑的风险才最高,相比之下,关心时政的风险低很多。王瑛的声明一经曝光,立即震动江湖,“在商言商”之争成了一个重大公共事件,而为媒体频频聚焦。
另一位重量级企业家王功权,则站出来力挺王瑛。他以一句话来概括他的态度:个体有选择自由,群体应承担更多责任。希望企业界同仁在中国的转型过程中发挥更大作用。
显然,上述个案没有一个是孤立的,它们是一连串事件。这一连串事件构成了一个趋势,那就是素来以懦弱、隐忍乃至犬儒著称的中国企业家,终于按捺不住了,终于要站出来说话了——站出来说话,以一个公民的姿态。
这是一个信号,中间社会觉醒的信号,处于体制内外结合部的中间地带崛起的信号。

必须承认,中国的确是一个过于复杂的国家。它不是一个通常意义上的国家,而是超国家体。而它之为超国家体,不是因为人口之众,也不是因为地域之广,主要就因为它之复杂。否则无法解释,为什么第三波第四波民主化摧枯拉朽,却都到中国的门口戛然而止。
第三波第四波让很多人有幻觉。他们眼里,中国巨变指日可待,因为苏东和北非提供了可复制的模式。但事实证明,这判断太乐观了。除了强化世界潮流浩浩汤汤的大叙事,在具体操作即战术层面,第三波第四波于中国转型而言,恰恰负面意义大于正面意义。因为苏东之变,对党内强化了反戈巴机制,以堵死内部变革之路。因为北非之变,对社会强化了反“颜色革命”尤其强化了网格化维稳,以堵死民间倒逼之路。而且不能不承认,这两方面的努力并非徒劳,党内反戈巴机制尤其大见成效,而令九零年代以来的每一届领导人无不战战兢兢,如履薄冰。
这就是历史的吊诡。别的转型国家每闯出一片天,即等于在中国关上了一扇门。我们刚刚还为别的国家的人民欢呼,回头却悲哀地发现自己脚下又少一条路。环球不同凉热,人家的节日,往往是我们自己的悲剧。竟有如斯结局,原因之一,是当局强大的反向学习能力。别的国家的每一次巨变,对当局都是一次难得的预警,让当局可以亡羊补牢。所以,第三波第四波往往不是动摇、而往往是固化了中国的专政体制。
既有三十年高增长所强化的国家财政能力,镇压和收买能力特别强大;更有史上罕见的特殊利益,保卫专政体制的动力特别强大;还有强大的反向学习能力,赋予专政体制特殊的柔韧性。同时拥有这三个层面的优势,是其他转型国家都不具备的。中国的复杂性可以多角度解读,但这三个层面的综合优势,则是所有复杂性中最重要的元素。
这就注定了中国的转型之路特别复杂、特别艰巨。突尼斯的一个小贩之死,马上延烧为全国性抗议,可中国有过多少比小贩之死严重百倍的人权惨案?台湾的一个美丽岛镇压,马上激怒整个社会,社会用选票把美丽岛受难者的太太、律师顶起来,形成新的抗争集群。但中国有过多少次美丽岛镇压?所有威权国家对转型的抵抗,相比中国都太小儿科了。所以,所有其他国家的转型经验,固然可以而且必须借鉴,但的确不可复制,不可照搬。在别的国家管用的办法,到中国的确往往失灵。
最典型的失灵,是中产阶级理论的失灵。通常认为,中产阶级崛起之后,将成为转型的主力。但在当下中国知识界,抨击“中产阶级”却成为时尚,主要就因为对中产阶级的失望,认为中国的中产阶级没有像其他国家的中产阶级那样,承担其推动转型的历史责任。这抨击不无道理,中国中产阶级的局限性确实太大。但问题是,中国的水土注定长不出符合国际标准的中产阶级,因而用国际标准来套,来责之中国的中产阶级,其方法论本来就是错误的。中国的中产阶级注定负荷不了那样沉重的期待。
中产阶级不行,哪个阶级行?工人阶级么?早在90年代国企改革时就整个解体了,成建制的工人阶级早就子虚乌有。农民阶级么?当代中国从来不存在完整的农民阶级,因为城市化尤其因为2.5亿农民工进城,农民阶级更无从谈起。农民工阶级么?原子化的农民工只有数量没有质量,根本就不构成一个阶级。资本家阶级么?大资本家早被权贵同化,中小资本家也在权力的宰制下支离破碎。
不独中产阶级无力,其实被统治者中的任何一个阶级,都是无力的,依靠任何一个单一的阶级,都是不靠谱的。如果没有社会各阶级的支撑,单单政治社会的两极对抗,则更不靠谱,因为政治社会的两极对比更不对等。
中国转型因此需要大战略,超越所有转型国家既有经验之上的大战略。尤其是超越单一阶级推动论,超越政治社会两极对抗,超越政治社会两极对抗基础上的推倒重来你死我活。它最重要的元素应该是开放和兼容。即最大限度地向体制内外开放,最大限度地争取体制内外一切可以推动转型的资源,尤其向处于体制内外结合部的、兼具了体制内外双重优势的中间社会开放。
这就是中间道路,即在政治社会之外,更凝聚整个中间社会的共识,集结整个中间社会的力量,形成最大限度的合力,倒逼中国转型。如前所述,中国转型的阻力是空前的,推动转型的力量也必须是空前的。惟有集结空前的力量、形成空前大格局的转型战略,才谈得上大战略。如果中间社会缺位,所谓空前的力量、所谓空前大格局就都徒托空言。如何调动中间社会,因而是转型大战略应当致力的关键突破。

这正是许志永们的意义,也正是新公民运动的意义。
许志永发起的新公民运动,概括地说,无非是以自由、公义、爱为共同价值,实现中间社会各阶级的互动互助,在此基础上推进跨阶级、跨行业的公民合作,尤其是同城公民合作,最终以公民合作的集体力量,走向公民社会,推动和平转型。
这也正是“新公民运动”尤其是许志永获咎之由。因为,中间社会的聚集、公民合作的扩大,给了不受制约的权力以巨大压力。反弹是必然的,“新公民运动”注定要遭遇劫难。
但我们不可因此沮丧。许志永们固然求仁得仁,以身伺虎。但他们的自我牺牲并不是没有价值。中间社会的坚决抗议就印证了他们的价值,也印证了新公民运动的力量。在相继抓捕15名新公民运动的参与者之后,有关当局最后朝许志永下手,显然是有备而来,要将新公民运动一网打尽,杀一儆百。有关当局的这个如意算盘,并非没有根据,通常情况下,镇压是起作用的。但这次不能不让他们意外和失望。当镇压的钢鞭高高举起,民间并没有如通常那样望风而逃,噤若寒蝉,反而一批一批公民迎着钢鞭勇敢地挺身而出,大声说不。新公民运动并没有被镇压下去,她的核心理念自由、公义、爱,反而因为镇压像闪电一样传遍全国,镇压反而成了新公民运动的活广告,成了新公民运动的反向推手。
最生动的例子,莫过于茅于轼等五人第一时间发起的联署抗议。尽管联署遭有关当局彻底封杀,所有网络通道都被掐断,只能依靠最原始的方式即口口相传的方式来传播,但仅仅一周时间,即已征集到两千多个公民的签名。这中间固然少不了王功权、王瑛等企业家,以及何方、郑渊洁等知识界名流,但占最大比例的还是普通人,他们抗风险能力低,却能在危难时站出来,这才是最感人的。他们中有厨师、酿酒师、理发师、设计师、工程师、会计师,有医生、程序员、销售员,有农民工、农民、个体户、的士司机、建筑工人、家庭主妇,有军人、警察、公务员,甚至有道人、僧人。几乎遍及所有的阶级、所有的行业,尤其遍及中产和底层,活生生一个中间社会的投影。
这从一个侧面反映了中间社会对新公民运动、对公民社会建设的广泛认同。这种广泛认同,和本文开篇记录的任志强、王石等工商巨子的公民宣示,恰成呼应,折射了当下中国最重要的趋势,即中间社会崛起的趋势,即普通人勇气下限提升的趋势。
为自己的理念受难,是幸运的。当此中间社会崛起之际、普通人勇气下限提升之际受难,则更幸运,因为这时受难,能把受难者的光和热发挥到最大限度,辐射整个社会。于此不难理解,为什么许志永们的一帧帧铁窗小影,都面带微笑。他们的心底是阳光的,他们的未来也是阳光的。可笑的只是有关当局:民不畏死,乃何以死惧之?呼啸而起的钢鞭再吓不住人了,一拨又一拨公民成长起来了,他们不怕了。许志永们将前赴后继。
(作者笑蜀,前南方周末首席评论员,现为北京《炎黄春秋》杂志编委,北京传知行社会经济研究所研究员)

Dreaming of docile news media

Correct guidance of public opinion,” the notion media must adhere to the discipline guidelines of the Chinese Communist Party in order to maintain social and political stability, remains the crux of press controls in China. But now, under the leadership of Xi Jinping, “correct guidance” is being retrofitted for the “Chinese dream,” the ruling Party’s latest leadership vision.
The first reaffirmation of the media’s propaganda role in the context of the “Chinese dream” came back in April, as scores of state-run media were lined up behind a statement called, “Creating Positive Energy for the Chinese Dream with a Fierce Sense of Social Responsibility.”


[ABOVE: Installed in a park in the southern city of Guangzhou, the ship of the Chinese dream spells out the slogan’s three central aspects: national strength, the rejuvenation of the Chinese people, and prosperity for the people.]
A piece posted today by the official Xinhua News Agency again emphasizes the need for media to adhere to “correct guidance” in order to create “positive energy” for the realization of the Chinese dream. Typical of Party writings about ideological discipline in the media, the tone of the piece is highly moralistic, suggesting media in China today have suffered a “downward slide” in values. They have erred from the “mainstream,” meaning the Party line, to cynically pursue negative coverage and amplify “rumours” emerging on the internet.
“[S]ome media workers have lost their sense of ideological place,” says the piece.
The answer is for media to remember their proper role as the “builders of socialism,” “encouraging the people to work tirelessly for national strength and general prosperity” and striving to “advocate the realization of the Chinese Dream as the loftiest note of the age.”
The tension remains between control, the highest imperative, and maintaining credibility, a tension we have seen at least since Hu Jintao’s 2002 policy of the “three closenesses.” Media must be truthful and relevant, because therein lies credibility and influence — but they must not forget to ensure that “truth” serves the Party’s fundamental interests.
Selected translations follow:

How Media Can Create Positive Energy for the “Chinese Dream”
July 29, 2013
In mid-April, the All-China Journalist’s Association and 25 [state] media including the People’s Daily, Xinhua News Agency, Seeking Truth, the PLA Daily, Guangming Daily, Economic Daily, China National Radio and China Central Television released “Creating Positive Energy for the Chinese Dream with a Fierce Sense of Social Responsibility” . . . Well then, how do media at various levels create positive energy for the “Chinese Dream” with a fierce sense of social responsibility?
1. Singing the Chinese Dream as the crescendo of the age, positively guiding and encouraging the people to work tirelessly for national strength and the prosperity of the people
In recent years, under market pressure, the value expectations of media and news workers have suffered a downhill slide, and in the media sphere market-driven media have now pressured mainstream [Party] media, and new media have pressured traditional media, passively resulting in a lowbrow atmosphere (媚俗之风), blurring the role of [media] as tools of the Party and government leadership, and some media have even sunk to the level of adopting online hearsay and transmitting online rumor. . .
In order to realize the Chinese Dream, media must take action and do their part. In this new historical era, news workers are not “crownless kings” separate from the masses, nor are they observers separated from actual reality. Rather, they have a sacred duty to “guide the people with positive public opinion” . . .
2. Adhering to positive guidance of public opinion, bearing responsibility as the documenters and promoters of development as they promote the Chinese Dream
News media are the magnifying glass of society, they are the amplifiers of public opinion in society. As diversity in society has challenged the mainstream [Party] ideology, some media workers have lost their sense of ideological place. They believe that journalists have discourse power and influence, and they have grown indifferent to positive channeling [of public opinion] and prefer to pile up negative reports. Some journalists are accustomed to presenting a one-side picture in their reports. For example, in carrying out supervision by public opinion [or investigative reporting], some news workers do not seek to relieve tensions by holding constructive standpoints, encouraging mutual understanding and respect in different groups, but rather seek to kick up a fuss, fan the fires and create opposition. In fact, the social impact of reports, whether political correct or incorrect, is immense. The is particularly true under the new circumstances we face, in which there is a whole series of new problems, the situation is complex, and there are many sensitive issues. This places even higher expectations on news reports, and it is imperative that editors and reporters play their proper role in doing their work.
3. Taking the truth as the life of the news, preserving the accuracy and impartiality of the news, raising the credibility of the media while advocating for the Chinese Dream
To sum up, only by positively guiding and encouraging the people to work tirelessly for national strength and general prosperity, only by taking on the responsibility of being constructors of socialism, the documenters of development, making earnest efforts to maintain the truth and impartiality of the news, by making the preservation of credibility one’s professional goal, accurately handling the relationship between social efficiency and economic efficiency, can [journalists] advocate for the realization of the Chinese Dream as the loftiest note of the age . . .

Watermelon


On July 17, 2013, watermelon vendor Deng Zhengjia died after being brutally beaten by urban management officers, or chengguan, in the city of Linwu in China’s central Hunan province. The chengguan are local authorities charged with maintaining order and cleanliness in China’s cities. Since their emergence in the late 1990s, the chengguan have earned a reputation for brutality in enforcing local regulations. The Deng Zhijia case once again exposed the lack of sufficient limitations on the conduct of chengguan in cities across the country. In the above cartoon, posted by artist Li Yongqiu (李永秋) to Sina Weibo, a watermelon violently cracked open bleeds across the pavement as the shields and clubs of the chengguan loom behind.

Bomb Thoughts


On July 20, 2013, a man identified in Chinese media as Ji Zhongxing detonated a homemade bomb in the Beijing International Airport. Ji, who claimed that he had been paralyzed in 2005 after a brutal attack by guards, had sought justice unsuccessfully for years. Ji’s act of violence prompted some soul-searching in China’s media and on the internet. Many said they understood Ji’s anger, and that violence was bred by growing inequality combined with an ineffective justice system. Wu Qiang, a political scientist at Tsinghua University said desperate acts like Ji’s “are the ultimate acts by those at the bottom of society who are unable to find justice.” [SEE ALSO: “Why a Reporter Feels Sympathy for an Airport Bomber.”] In the above cartoon, posted by “cartoon hobbyist” Li Yongqiu (李永秋) to Sina Weibo, a helpless lamb is pushed to a cliff’s edge, pursued by a pack of vicious wolves. As he awaits certain death, the lamb’s wordless dread gradually transforms over his head into a massive grenade, the fuse burning. The cartoon is called: How Bombs are Forged (炸弹是怎样炼成的).