Is China with Rule of Law or is CCP Beyond the Law?
The ongoing Chinese Communist Party (CCP)’s
Fourth Plenary Session includes, for the first time,
the topic of “Rule of Law" in its agenda;
but the outside world appears not too optimistic.
Many are questioning whether CCP members are included
in Party Secretary Xi Jinping’s statement, “No organization
or individual has the right to go beyond the Constitution
or the law", and whether the CCP is above the rule of law.
The topic is attracting wide attention and major media
are exploring whether such rule of law can be implemented
under the CCP dictatorship.
Radio France Internationale (RFI) raised the question:
“Is there Rule of Law or is the CCP Beyond the Law?"
while exposing a series of illegal activities by the CCP
before the opening of the Fourth Plenary Session.
For example, the CCP arrested dozens of people who showed
support for the Occupy Central movement in Hong Kong;
arrested Public Association (Gongmen) founder, Guo Yushan;
and sentenced intellectual, Ilham, to life imprisonment for
caring about the unity of Uygur and Han ethnic groups.
Some scholars believe that the CCP will save its privileges
of being above the Constitution.
Asia’s News Weekly director, Huang Jinqiu:
“The government should follow the spirit of law to manage
the country and all political parties should follow the law."
“the Civil Affairs Bureau, be inspected annually
and pay for the registration fee."
““Party and state enterprises should also be separated,
as you cannot use the country’s money to pay for the Party."
The CCP’s legitimacy of rule has been becoming more
and more questionable in recent years.
He Weifang, Chen Youxi, He Bing and other legal experts
in Beijing stated during a lecture at the China University of
Political Science that the CCP is not a legitimate organization,
as it does not register at the civil affairs department.
Renowned historian, Xin Haonian, also wrote that the CCP,
as a government established on military violence, propaganda,
and who never gives people a channel to express approval
or opposition, is an illegal ruler.
Before the opening of the CCP Fourth Plenary Session,
one of China’s three senior advocates of the rule of law,
86-year-old Guo Daohui told China’s media that
the real rule includes that the ruling party obey the law.
He says the regulations set up by certain departments or
local governments, and documents from the Party committee
are even used to protect the interests of particular groups.
Following such a so-called “law" is only a formality
and it can even be called a crooked, evil law.
Guo Daohui says the most important rule of law is to protect
the fundamental rights of citizens, but China doesn’t even
have a law on protecting human rights.
Although the Chinese Constitution states that, “Citizens have
the freedom of speech, press, assembly, association,
procession and demonstration," and “the right to criticize,
suggest, complain and appeal to the government," most such
rights are not implemented in the law, so when citizens
and social organizations’ rights are violated, they cannot get
help from the judicial system and can only rely on petitioning.
The former CCP leader of Politics and Law Committee,
Zhou Yongkang, has dominated this organization for 10 years.
Zhou once advocated that, “Politics is the main path;
Judiciary is a small skill; a small skill must obey politics",
therefore fundamentally suppressing citizens’ rights.
Today Zhou Yongkang has lost his power and the authorities
are proposing a “Rule of Law"—but will the Party be beyond
the law in the one-Party China?
Beijing constitutional scholar, Chen Yongmiao, told NTD
that as long as there is a CCP, the rule of law is a fantasy.
Chen Yongmiao: “The Soviet Union had also proposed
the rule of law at the end of its rule; it inevitably collapsed."
“To uphold the Party’s leadership is conflicting to
upholding the rule of law."
Huang Jinqiu: “The rule of law needs democracy, without it,
it is a country of dictatorship, like that ruled by Hitler."
“Xi Jinping’s ‘China dream’ can only be realized
when people can use legal channels to resolve issues."
In today’s China ruled by the CCP, there are so many
examples of a lack of a rule of law, such as the arrests of
dissidents concerned about the future of the country,
or of reporters writing the truth, or lawyers helping defend
civil rights cases, or of citizens reporting on corrupt officials,
and people are also being jailed solely for their belief.
How will Xi Jinping resolve every case by following fairness
and justice after the Fourth Plenary session?
—This, the outside world will continue to observe.
Interview & Edit/LiuHui Post-Production/ZhongYuan