Wei Jingsheng Foundation News and Article Release Issue: A836-W534

魏京生基金会新闻与文章发布号: A836-W534


Release Date: September 1, 2014



Topic: The Way Out for China (Part CI): Rule of Law is a Prerequisite to Anti-corruption -- Wei Jingsheng

标题:《中国的出路》之一百零一:法治是反腐败的首要条件 -- 魏京生


Original Language Version: Chinese (Chinese version at the end)



Note: Please use "Simplified Chinese (GB2312)" encoding to view the Chinese parts of this release.  If this mail does not display properly in your email program, please send your request for special delivery to us or visit:

http://www.weijingsheng.org/report/report2014/report2014-09/WeiJS140901ChinaWayOut101RuleOfLawA836-W534.htm which contains identical information.




The Way Out for China (Part CI): Rule of Law is a Prerequisite to Anti-corruption

-- Wei Jingsheng



The rule of law, by definition, is nation and society governance according to the law.  It consists of two basic elements: the first is the establishment of the Constitution and the law, and the second is the implementation of the Constitution and the law.  Both are indispensable.  The reality after the Communist Party took over China is that both are substandard, even perverse.


When the Chinese Communist Party established its first constitution after it took over China, its leader Mao Zedong and his partisans were feeling uncomfortable.  At formal meetings, Mao Zedong criticized "the Constitution supremacists" and encouraged lawlessness.  With his usual sophistry, Mao illustrated that the Kuomintang established and implemented a Constitution, and to the end the Communist Party kicked it to Taiwan.  Through this example, Mao implied that an established constitution should not be implemented in earnest; it should only be used to deceive the world.


In the past sixty-some years, the whole Communist regime has understood the constitution and law through this model.  Even the average Chinese have recognized this situation, thus they have to understand the Communist constitution and law through this model.  When the average Chinese tried to reason with the Communist officials according to the constitution and law, they always got mocked and despised, and were considered as vexatious.


The Chinese people have been accustomed to this reality.  It makes a stark contrast to the American people who could have armed confrontation against police while hold up their constitution.  This contrast illustrates the difference between the Constitution and the law of a democratic system and the Constitution and law of despotism.  Some time ago, militia in Nevada were organized and held the constitutional amendment against armed police.  Finally, the federal government ordered the police to retreat and recognized the constitutional authority.  No matter how many legitimate reasons, the authority of the Constitution and the law cannot be broken.


On the contrary is the situation in China.  Because the establishment of the Constitution and the law was for the purpose of deceit, safeguarding people's rights in accordance with the Constitution and the law are bound to be suppressed.  Starting from the Cultural Revolution, there has been civil resistance in all sectors of society in an attempt to maintain the constitutional rights.  It reached the climax of the Xidan Democracy Wall period in the late 1970's.  This outpouring indirectly affected the internal struggle within the Communist Party and thus the Chinese Constitution had its opportunity to turn into reality instead of lie.


Once the constitution becomes a reality, it would be bound to shake the Communist one-party dictatorship.  The Communist Party headed by Deng Xiaoping had a clear mind on this.  After Deng Xiaoping started the Sino-Vietnamese War and established his own authority, the first thing he did was to eliminate the Democracy Wall, and nipped the bud of this movement of people to defend their rights and interests in accordance with the Constitution.


But a single spark can start a prairie fire.  In the late 1970's and early 1980's, democracy movements came one after another in China.  It penetrated from outside the Communist Party into the party, and even received the recognition and sympathy from all levels of Communist Party members.  This penetration was the reality that the authoritarian faction led by Deng Xiaoping could not tolerate yet was unable to stop.  After they destroyed the physical presence of the Democracy Wall, they took away the legal basis for such activity, which were the four big freedoms as stipulated in the Constitution; to summarize them into simply one -- freedom of speech.


What they took away was neither legitimate nor reasonable.  Further the people would not recognize it.  So when the Chinese Communist regime put out its new constitutional amendments, it added to the unreasonable "four basic principles" into the constitution to stipulate that the Communist Party is in a position above the Constitution and the laws.  Thus it completely tore off the camouflage of the swindler, expressing clearly that the constitution in China is not a constitution of the people, but a constitution for a handful of Communist leaders to enslave people across the country, a constitution of feudal serfdom.


Not coincidently, but inevitably, since this fundamental change of the constitution in China corrupt officials have sprung up like bamboo shoots after the spring rains.  Only a few years later, their development had caused great anger among the Chinese people, thus triggering the 1989 democracy movement.  After the democracy movement was suppressed again, these corrupt officials have become like freed mustangs without fetters, galloping forward to achieve the highest levels of corruption in ancient and modern times, both in foreign lands and in China.


Is any natural association there?  Of course there is.  Foreign philosophers long ago summarized it as "power tends to corrupt, and absolute power corrupts absolutely."  In examining the corruption in China carefully, we can confirm this truth.  When all power is concentrated in the hands of a handful of people, they must protect themselves.  The higher the degree of power concentration, the greater the corruption.  The more unified the Party officials were, the lower the likelihood of corruption exposure.


Only in the change of guard of officialdom with the need to get rid of a lot of the old bureaucracy will the Communist regime come up with some hapless scapegoats to appease the resentment of the people, in an effort to defraud the trust of the people.  It was the same in Ancient times, when a large-scale cleanup of corrupt bureaucrats occurred after the new emperor ascended the throne or reign himself.  But the political structure did not really change, so the cleanup of corruption tended to be anticlimactic.  Soon it would rise again and return everything as it was before.


The Communist regime has mobilized all propaganda tools both inside and outside China to tout the anti-corruption campaign of its leader Xi Jinping.  But as Xi Jinping sends some type of inspection teams of imperial minister style on one hand, and attacks people's effort to expose corruption on the Internet on the other hand, we could tell that Xi Jinping's anti-corruption remains its mode of protecting its own officials.  That is the mode of inevitable failure, or a mode that attempts fooling the Chinese people.


Can we jump out of this model?  Of course, we can.  We could use a mode of anti-corruption participated in by all the people.  However, this mode of public participation must protect people's freedom of speech and limit the power of government to suppress public opinion.  Relying on a rule of law model of one-party dictatorship, certainly it will not protect the rights of the people.  People virtually have no rights and freedom within this mode of one-party dictatorship, but a dictatorship of either layers of dictatorship by individuals or an authoritarian autocratic clique.  No matter how Xi Jinping reforms in this mode, it will be only minor repairs and be unable to solve the fundamental problem.  Therefore it is impossible to have a real effect.


What kind of rule of law can have a real effect?  When the political opposition stares at you professionally, when tens of millions of eyes of the people and the media stare at you, you would not dare to reach your corrupt hands out.  Those who do dare to reach out with their hands of corruption, would not have a very high success rate.  This is the root reason why the Western democracies could curb corruption effortlessly.


Xi Jinping has repeatedly claimed that his reforms will not waver one-party dictatorship.  So his rule of law and reform will not be successful.  Further, from the perspective of anti-corruption, he could not even reach the level of Mao Zedong, but to the most the level of the Qing Emperor Jiaqing.  In the Qing dynasty it could extend the life of the dynasty, but in modern times, the effect to extend life is probably minimal.



To hear Mr. Wei Jingsheng's related commentary, please visit:



(Written and recorded on August 13, 2014.  Broadcasted by Radio Free Asia.)



This is a message from WeiJingSheng.org


The Wei Jingsheng Foundation and the Overseas Chinese Democracy Coalition are dedicated to the promotion of human rights and democratization in China.  We appreciate your assistance and help in any means.  We pledge solidarity to all who struggle for human rights and democratic governance on this planet. 


You are welcome to use or distribute this release.  However, please credit with this foundation and its website at: www.weijingsheng.org


Although we are unable to afford to pay royalty fees at this time, we are seeking your contribution as well.  You may send your articles, comments and opinions to: HCP@weijingsheng.org.  Please remember, only in text files, not in attachments.


For website issues and suggestions, you may contact our professional staff and web master at: webmaster@Weijingsheng.org


To find out more about us, please also visit our websites at: www.WeiJingSheng.org and www.ChinaLaborUnion.org for news and information for Overseas Chinese Democracy Coalition and human rights and democracy movement as whole, especially our Chinese Labor Union Base.


You may contact Ciping Huang at: HCP@Weijingsheng.org or

Wei Jingsheng Foundation office at: 1-202-270-6980


Wei Jingsheng Foundation's postal address is:

Wei Jingsheng Foundation, P. O. Box 15449, Washington, DC 20003, USA


You are receiving this message because you had previous shown your interest in learning more about Mr. Wei Jingsheng and the Chinese Democratic Movement.  To be removed from the list, simply reply this message and use "unsubscribe" as the Subject.  Please allow us a few days to process your request.





Wei Jingsheng Foundation News and Article Release Issue: A836-W534

魏京生基金会新闻与文章发布号: A836-W534


Release Date: September 1, 2014



Topic: The Way Out for China (Part CI): Rule of Law is a Prerequisite to Anti-corruption -- Wei Jingsheng

标题:《中国的出路》之一百零一:法治是反腐败的首要条件 -- 魏京生


Original Language Version: Chinese (Chinese version at the end)









-- 魏京生












































欢迎投稿(暂无稿费)或批评建议,请寄信箱:  HCP@WEIJINGSHENG.ORG



Wei Jingsheng Foundation, P. O. Box 15449, Washington, DC 20003, USA

电话: 1-202-270-6980






倘若阁下希望不再收到类似信息,请回复本信并用 unsubscribe 作为主题(Subject)。