Bookmark and Share
Category
Last Updates
Display: 1 - 3 of 3, Total Pages: 1
1
[Blog] 论政治言论自由:煽动颠覆罪之法理要件 [Original] 2009-11-2 9:16pm

Note:this papar I wrote in English, since my English is not good enough, although I have self-taught myself English for more than twenty years. I still find that it is quite difficult for me to express myself clearly and accurately. Anyway I wish through more practice to make some prograss in both spoken and written English, in the near future, I wish I can be practice again as a trial lawyer especially as a Human Rights and Maritime lawyer.

Original idea of liberty come from Greece, natural law make great contribution to the freedom of speech. This fundamental human rights are not enjoy by people automatically but after struggle centuries and many fighter sacrifice their life for it, in the world still there are great number of people cannot enjoy such fundamental human rights, in all dictatorship counties, people have no such right as freedom of political speech at all. One of the worst counties is the PRChina.
   Freedom of speech mainly means freedom of political speech, according to the law of democratic countries and international human rights law, the restriction of freedom of speech is sedition law, however, to constitute crime of sedition, must satisfy at least three fundamental elements: (1) to use illegal force and violence to overthrow government; (2) with intention to do so; (3) has a result of the action. After comparative study, we find that Chinese Communist regime made a very bad law to deprive Chinese people's freedom of speech. Above three fundamental elements to form sedition under Chinese Communist regime all disappear. Because China is under the totalitarian dictatorship rule by the Communist Party, which is an extremely selfish and evil, also because the CCP executive power has not obtain the consent of people therefore, it is illegal state power and they are scare of truth, and they want to keep the illegal state power, so they use force and deceit and propaganda to fool people all the years. This is the reason why the CCP make such ridicule and bad law.
   Freedom of speech is the bedrock of any democratic society because it ensures the open discussion of candidates, which is essential for the electorate to make informed decisions in elections. The fundamentality of political speech allows people to influence their government's choice of policies. In this sense, political speech is a political duty of every citizen to ensure their participation in public affairs and self-determination. Self-determination can only subsist in so far as the 'electorate acquires the wisdom, worthiness, integrity, understanding, and liberal admiration to the general welfare that, in theory, casting a ballot is understood to express.'
   
   Illegal power leads the CCP to fear, fear makes them want to survive, which in turn leads them to abuse the political suppression and dreadful policies, try to sharp the month and force people keep silence. When nobody know what they were doing, the CCP simply killing anyone who dare disobey their tyrant power, while when it is impossible cover the counties absolutely, the CCP put the dissidents in jail for long imprisonment. They dare not debate or discuss in free market for they are afraid of losing power because they know the truth is not belong to them.
   
   Freedom of expression is fundamental to the individual's life in any democratic society. Freedom of political speech is as important to a democratic society as is oxygen to fundamental human development; without it, it is impossible to help government to choose the most proper and suitable public policy which is the best for all citizen. Freedom of thought was like the air men breathed. Opinions were not imposed except by argument;
   Finally I would like use the constitution father of the United State James Madison`s word to finish this paper: ``It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure." [68] only if the freedom of political speech is enjoyable by every member of society, it is possible to fulfil this goal.

Read Full Article...

Section:自由(liberty and freedom) | Read:497 | Comment:7 | Rating:0%

[Blog] 正義論 [Original] 2009-7-11 3:46pm

南郭点评:新疆“七五”暴乱的根源何在?吾以为除了中共极权专制暴政这一国人深重苦难的总根源之外,最根本的原因乃是中共统治下的大陆,是一个没有正义之所。而没有社会正义的地方,决不可能有任何稳定,必定充满恐怖暴力;因为不存在法治,弱肉强食的丛林法则自然甚行,厚黑权谋必然畅行无阻;因为正义是人类社会最根本的基石,而建立在没有基石基础上的社会大厦当然不可能公正公平公道;因此类似暴乱只会日益加剧,直至中共暴政灭亡,或国人被暴政彻底压跨。中共顽固拒绝政治体制改革,拒绝采纳人类社会经验反复证明为真理的分权制衡的宪政原则,拒绝司法独立,历行党禁,报禁,言禁,网禁,是由中共的流氓本质决定的,而凡属本质的属性完全没有任何可能实质改良改善。中共流氓暴政的统治,必然使得全社会正义荡然无存。然而何谓正义?在何种条件下社会才能有正义?正义与法律,法治的关系?如何实现保障维护社会公正正义?本文将深入研究这些最基本的问题。

Read Full Article...

Section:法律与正义(law and justice) | Read:698 | Comment:17 | Rating:0%

[Blog] 不懂公平游戲規則公平競爭的價值是導致中國反復陷於野蠻而拒絕文明的根源 [Original] 2009-6-28 5:28pm

鲁迅公开宣称“公平竞争”(fairplay)应当缓行,显然鲁迅主张“为达目的不择手段”之说。这或许也是毛泽东奉鲁迅为精神导师的原因之一。国人受李宗吾之《厚黑学》流毒甚广,迄今在各行各业奉厚黑学为处世为人之术者众,这也是中国人崇尚阴谋厚黑权谋远甚于正义、平等、公平、公道的社会基础。中共党内斗争迄今系你死我活残酷无情的权争,根源也在此。中国民主运动迄今四分五裂山头林立犹如一盘沙的原因同样在此。因此,吾断言:唯有全民树立公平游戏规则公平竞争第一的价值观,对任何破坏该规则者,全民共诛之,中国才能走出中国历史上25史低水准循环往复的怪圈,全体民运志士才有可能实现真正的大联盟。

Read Full Article...

Section:中国民主运动 | Read:247 | Comment:0 | Rating:0%

1