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

发布日：2015年9月19日

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)

此号以中文为准（英文在前，中文在后）

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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:

http://www.weijingsheng.org/RFA/RFA2015/WeiJS150917XiJPvisit.mp3

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

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中文版

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

发布日：2015年9月19日

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)

此号以中文为准（英文在前，中文在后）

如有中文乱码问题，请与我们联系或访问:

http://www.weijingsheng.org/report/report2015/report2015-09/WeiJS150919XiJPvisitA887-W571.htm

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习近平访美

-- 魏京生

过两天习近平就要访问美国了。大家都在猜测：习近平要说些什么？奥巴马要说些什么？也就是媒体正在炒作的所谓的中美博弈。我想，这么重要的访问，不会是说些个废话来敷衍了事。总应该是解决一些问题，达成一些妥协，才不是白跑一趟。

习近平想要什么呢？媒体们都估计，他想要的东西太多了，不会得到满足。奥巴马想要的东西太少了，至少公开宣称想要的东西无足轻重，似乎很不对等。为什么呢？

习近平现在面临的是国内局势不稳。股市刚刚崩溃，经济严重下滑，面临的是崩溃与恢复之间的困局。而且党内反对派正在伺机反扑。他需要的是当年江泽民拿到永久最惠国待遇和WTO那样的起死回生药。看上去不太可能，但又非常必须。怎么办呢？只好尽量地妥协，看看能换回点什么。

而奥巴马就快要下台了，没有第三个任期的可能。他不想冒险做什么大事，可又想做一些青史留名的事情。即使比不上里根、肯尼迪，也不要被评为最差的总统。现在习近平要来访问，这是个不可多得的机会。可是他们美国人不太懂得中国事务，我在国会的听证会上给他们双方提出了一个建议，就是取消以监视居住名义进行的非法拘禁。

1994年初，在我与史密斯众议员，约翰、克里参议员见面之后，特别是在与当时的国务卿克里斯多夫会见之前，中国警方对我进行了非法拘禁，长达十八个月。

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。

我说：这是非法拘禁。他们回答说：最高当局批准了，他们只管执行，不负责任。只要不是在监狱和拘留所，就算监视居住。

十九个月后的一九九六年十二月，在审判我的时候，我要求将这十八个月记入刑期。法院明确回答：这段时间没有法律依据，不能记入刑期。按照中国的刑事诉讼法的明确的表述，这就是非法拘禁。是最高行政当局批准的、依法应该判定的非法拘禁。如果按照中国宪法规定的三权分立的话，这就是非法拘禁。

这个非法拘禁的案例，现在正在被广泛使用。不仅使用在政治异议人士身上，而且被广泛使用在任何官方不满意的公民的身上。任何一级政府都可以利用这个案例，非法拘禁他们不喜欢的公民，进而实施刑讯逼供。这为习近平维持一党专政，进而实行个人独裁奠定了法律基础。

在监视居住这个非法拘禁的基础上，中国共产党又进一步推出了由非司法机构执行的所谓的双规制度。也就是由共产党派出的纪律检查机构，对党员进行限制人身自由的非法拘禁。这一非法拘禁的范围已经包括了中国政府和共产党的最高领导层，即只有七个人的政治局常委。也就是说，除习近平本人之外，全体中国人都有可能被非法拘禁，包括在中国的美国公民。这是彻头彻尾的个人独裁。

我建议，奥巴马总统在与习近平主席会谈时，应该把恢复法治、遵守法律、取消各种形式的非法拘禁和酷刑，作为谈判的主题之一，而不是敷衍了事地泛泛而谈人权。在习近平访问国会时，议员们也应该就此问题向习近平施加压力，以便促进中国的人权进步，同时也保护几十万在华的美国公民和他们的权益。

奥巴马总统如果提出了这个条件，不管成功与否都将是浓墨重彩的一笔，牢牢记载入史册。对习近平而言，正可以借此机会调整他的广受批评的反腐运动政策，使它回复到法治的轨道上来。两全其美。

我还要建议习近平率先在贸易上作出让步，开放美国商品进入中国市场，以便换取奥巴马总统停止将要以任何理由实施的经济制裁。开放中国市场给美国商品，以减少贸易逆差。这对奥巴马来说是功成名就，对中国来说是有利无弊。

这是因为中国当前的经济困境，主要来源于产品和技术的升级换代，即所谓的中等收入陷阱。与其在黑暗中探索，不如直接吸收人家经过失败后积累的成功经验。光靠偷是不行的，太少太慢赶不上趟。对以色列也许够用了。但这不是大国所应有的风度，也不实用。

还不如进一步开放中国的大门，大大方方让人家的技术和资金自由进入，而不给中国企业利用非贸易壁垒阻挡的机会。以此才可以迅速改变产品和技术落后的局面，迅速跨过中等收入陷阱。欧洲和日本二战后的经验，值得中国借鉴。不应错过了美国仍在向中国输血的机会。

依法行政和开放市场，是解决中国困境的最后机会。邓小平的半吊子改革，已经减缓了中国进步的幅度。现在更是走到了尽头，难以为继了。违背全国人民的利益和权利，已经连王岐山都感觉到共产党执政合法性的危机。再不开始新的政策，就不仅仅是共产党下台，而是死无葬身之地的问题了。愿中共诸公三思。