Wei Jingsheng Foundation News and Article Release Issue: A887-W571

魏京生基金会新闻与文章发布号: A887-W571


Release Date: September 19, 2015



Topic: Xi Jinping's USA Visit -- Wei Jingsheng

标题:习近平访美 -- 魏京生


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



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Xi Jinping's USA Visit

-- Wei Jingsheng



In a couple of days, Xi Jinping will visit the United States.  Everyone is guessing: What will Xi Jinping talk about?  What will President Obama talk about?  That is the media hype called the Sino-American game.  I think that such an important visit should not be just be about some half-hearted nonsense.  There are issues that should be solved and there are compromises should be reached, to avoid the trip being wasted.


What does Xi Jinping want?  The media are guessing that he wants too much to be satisfied.  On the other hand, what Obama wants is too little, or at least insignificant in what has been publicly announced.  Both sides seem not quite equal.  Why so?


What Xi Jinping is facing now is the unstable domestic situation inside China.  The Chinese stock market has just collapsed with a serious economic downturn.  What he is faced with is the difficult situation between collapse and recovery.  Also, the opposition within the Communist Party is ready for a counterattack when there is the opportunity.  What Xi Jinping needs now is something like the Permanent Most Favored Nation status (i.e. PNTR, Permanent Normal Trade Relationship) and WTO that brought Jiang Zemin's regime back to life.  It looks unlikely, yet very necessary.  So what should he do?  He has to try his best to compromise, in expectation to see what he can get in exchange.


In comparison, President Obama is about to step down, with no possibility of a third term.  He does not want to risk doing something dramatic, yet wants to do something that could be left as a legacy.  Even though he cannot be compared with Ronald Reagan and John Kennedy, he does not want to be rated at the worst president either.  With Xi Jinping's USA visit, Obama has a rare opportunity.  Unfortunately, the Americans do not know much of Chinese affairs, so I have proposed one suggestion to both sides at the congressional hearings I attended.  That is to remove the illegal detention called "residence surveillance".


In early 1994, after I met with Rep. Chris Smith and then Senator John Kerry, and before my meeting with then Secretary of State Warren Christopher, the Chinese police illegally detained me for as long as eighteen months.


According to China's Criminal Procedure Law, subpoenas cannot exceed three times in a row.  After I was detained for three days, I asked them: either come up with a legitimate arrest certificate or release me.  They said: the Procuratorate would not give them the arrest warrant, while their superiors ordered them not to release me, so they would use "residential surveillance", which does not need the approval of the Procuratorate.  Further, because it had not entered legal proceedings, they did not have to notify the family in accordance with the law, with no time limit.


I said: This is illegal detention.  They replied: the highest authorities in the government had approved this conduct and they were just executing it with no responsibilities.  As far as I was not detained in the prisons and detention centers, that would count as "residential surveillance".


Nineteen months later in December 1996, when they put me on trial, I requested them to count 18 months of "residential surveillance" as part of my sentence.  However, the court answered explicitly that because there was no legal basis for this time period, the 18 months could not be credited into my sentence.  According to the clear statement in China's Criminal Procedure Law, that would be called "illegal detention", yet that illegal detention was a detention that was approved by the highest authorities in the Chinese government.  According to the separation of powers defined by the Chinese Constitution, that was illegal detention.


This kind of illegal detention is now being widely used as jurisprudence in China.  It is not only being used against political dissidents, but also widely against any Chinese citizen which the officials are dissatisfied with.  Any level of the government can take advantage of this form of detention to illegally hold citizens they dislike, and then implement torture for the deposition they want.  This "residential surveillance" forms the legal base for Xi Jinping to maintain the one-party dictatorship, and then carry out his personal dictatorship.


On the basis of this illegal "residential surveillance", the Chinese Communist Party launched the so-called "Double Designated System" that was carried out by non-judicial system.  The purpose is to force illegal detention of certain Communist members with restricted personal freedom by the Central Commission for Discipline Inspection of the Communist Party of China.  This illegal detention may be applied to the top leadership of the Chinese government and the Communist Party, that is the Politburo Standing Committee which only has 7 members.  That is to say, except for Xi Jinping, all people have the possibility to be illegally detained including American citizens in China.  This is downright personal dictatorship.


I suggest that when President Obama meets with Chairman Xi Jinping, he should make "restoring the rule of law, abiding by the law, abolishing all forms of illegal detention and torture" one of the main themes of their negotiations, rather than perfunctory generalities of human rights.  When Xi Jinping visits the US Congress, lawmakers should also apply pressure to Xi Jinping on this issue, in order to promote human rights in China, as well as to protect hundreds of thousands of US citizens in China, and their rights and interests.


If President Obama proposed this condition, regardless whether the result is success or failure, it will be a monumental strike to be remembered in history.  For Xi Jinping, he could use this opportunity to adjust his widely criticized policy in his anti-corruption campaign, and return it back to the track of the rule of law.  That would be the best for both sides.


I would also recommend Xi Jinping take the lead to make concessions on trade and open the Chinese market to American goods, in order to stop the economic sanctions that President Obama might implement for any reason.  To open Chinese markets to US goods would reduce the trade deficit.  This will give President Obama success and fame.  And it would be beneficial to China without disadvantages.


This benefit is because the current economic difficulties in China are mainly caused by the upgrading of products and technologies -- the so-called middle-income trap.  Instead of exploring in the dark, it would be better to directly absorb the successful experience of others that has accumulated after failures.  It will not work by simply stealing from the others.  That would be too little and too slow.  Maybe that would work for a country like Israel.  But for a big country, it is neither graceful, nor practical.


So it would be better to further open China's door, to allow free access of others' technology and capital, without letting the Chinese enterprises use the opportunity of non-trade barriers.  Through this way, China might be able to quickly improve its backward products and technology, thus quickly cross the middle-income trap.  China should learn from the experience of Europe and Japan after World War II, and take the opportunity of the USA that is still providing transfusion.


Administrating according to law and open markets will be the last chance to solve the difficult situation that China is facing.  The half-baked reform initiated by Deng Xiaoping has slowed the magnitude of the progress that China could have.  Now it is coming to an end and is difficult to sustain.  Conflicting with the interests and rights of the Chinese people, even Wang Qishan (head of the Central Commission for Discipline Inspection of the Communist Party of China) has felt the crisis of the legitimacy of the Communist Party.  If the Chinese government does not start a new policy, then the issue will not just be the stepping down of the Communist regime, but those who are responsible will die without proper burial.  I wish the leaders in the Communist regime think carefully.



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



(Written and recorded on September 17, 2015.  Broadcasted by Radio Free Asia.)



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Wei Jingsheng Foundation News and Article Release Issue: A887-W571

魏京生基金会新闻与文章发布号: A887-W571


Release Date: September 19, 2015



Topic: Xi Jinping's USA Visit -- Wei Jingsheng

标题:习近平访美 -- 魏京生


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









-- 魏京生













按中国的刑事诉讼法,传讯不能连续超过三次。在扣押我三天之后,我要求他们:要么拿出合法的 拘捕证书;要么释放我。他们说;检察院不给他们逮捕证,可是上级不让释放我,于是他们就使用了不需要检察院批准的监视居住证。而且因为没有进入法律程序,不必按照法律通知家属,也没有期限。

































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