【禁聞】中共拖延勞教制度改革 民籲廢除

【新唐人2012年10月11日訊】10月9號,中共國務院新聞辦公室發表《中國的司法改革》「白皮書」,但外界注意到,這次「白皮書」的內容不見備受詬病的「勞動教養」問題。中共司法體制改革領導小組負責人當天聲稱,勞教制度的一些規定和認定程序存在問題,改革勞動教養制度已經形成社會共識,「正在研究」具體的改革方案。但民間意見指出,勞教制度從制定到實施都是「違憲」應該徹底廢除。

中共的「勞教制度」自1957年實施以來,合法性一直受到爭議。《美聯社》9號報導說,勞教制度授權警察未經審判將人關押3年,如果行為仍不良好,還可以繼續關押到第4年。根據聯合國人權理事會的一份報告,共有約19萬名中國人被關押在320個勞教所內。

「北京大學」法學碩士曹順利曾呼籲,集體參與草擬第一期《國家人權計劃》,卻被非法勞教兩年。他指出,勞教制度不是改革問題,是合法不合法、該不該廢除的問題。

曹順利:「如果合法了,你可以通過改革來完善它,但你基礎上就不合法,你根本就不存在著改革或制度的問題,它就是打壓異已的一個工具,尤其是現在社會不太穩定,維穩任務很強、很重的情況下,它用這個制度,可以很簡單的『解決了』好多社會上的矛盾和問題。」

曹順利指出,中共法律規定:限制公民的人身自由是要經過法院宣判,但勞教制度可以不經過任何法律程序,對公民肆意栽贓陷害、捏造罪名,進行關押勞教。

曹順利:「因為我在勞教所我知道,很多人覺得冤,周圍的人也覺得很冤,(但)這些人已經認識到,這個社會民不與官鬥,你說了也白說,反而投入更多的精力和錢力打了一場官司,最後的結局還是你輸了,並且在勞教所你還受一年的苦,因為你不認罪,你要受好多的罪,這就是勞教所的制度。」

早在2007年底,經濟學家茅於軾和北京律師李方平等69位中國學者和法律界人士,曾聯名呼籲取消勞教制度﹔2008年3月,中共人大代表、陝西省人大常委也建議廢除勞動教養制度。

今年8月,湖南省婦女唐慧因要求嚴懲7名強姦並強迫她11歲女兒賣淫的男子,而被勞教18個月,在輿論的壓力下,唐慧被釋放。

隨後,杭州律師王成把他和同事撰寫的公民權利主張書貼在微博上,三天內就有5千多名網友簽字聲援﹔同時,北京律師李方平等10名法律界人士,也致信司法部和公安部,要求廢除勞教制度。

北京律師李方平:「如果還是把勞動教養作為一種非法的打壓手段的話,整個社會層面還是接受不了,應該廢除或者根本性的變革,如果僅僅認為有一點點缺陷,只從技術上去進行補救的話,搞出這個換湯不換藥的話,我覺得它解決不了問題。」

中國媒體人「北風」指出,勞教制度後面是數以千億計的利益鏈。

而原公安大學法律系講師、中國問題研究專家趙遠明指出,勞動教養從制定到實施都違反憲法,它肆意踐踏法律和人道。

中國問題研究專家趙遠明:「因為你對這個教養人員的話,進行這個強迫勞動,而且非法剝奪他們的勞動果實和勞動收入,這一點不光是違法而且違犯人權,這也就是從經濟上,可以看出中共為甚麼不廢除勞教制度,因為它給(中共)各級政府帶來了巨大的好處。對打擊這個異見人士,打壓不同信仰的人,它們是一個得力的工具。」

曹順利指出,勞教制度早已被萬夫所指,中共不廢除,民間力量自會幫它廢除,相信那一天不會太遠。

採訪編輯/李韻 後製/君卓

Chinese Communist Party Labor Camp System to be Stopped

On October 9, the booklet on Reform on China』s Legal
System was released by the News Office of State Council.
The controversial Labor Camp System
is not mentioned in the booklet.
The leader of the Reform of the Legal System
Panel said that reform of the labor camp system
has been a unified opinion, and the details on
how to change the system is now under discussion.
However, many say that the very foundation of the labor
camp system is illegal, and should be abolished completely.

The labor camp system started in 1957
and has been controversial ever since.
AP reported on Oct 9 that the system authorized
police officers to jail a person for 3 years.
If there was no improvement in the person』s
behavior, he will be jailed for one more year.
A UN Human Rights Council report stated that currently,
about 190,000 Chinese are detained in 320 labor camps.

Cao Shunli, a Master of Law at Peking University
advocated the drafting of a State Human Rights Plan.
However, he was subsequently
sent to a labor camp for 2 years.
He said the Labor Camp System is illegal,
and should be revoked, not reformed.

Cao Shunli: “If it is legal, you can reform it and improve it.

But when it is not legitimate at it』s foundation,
reforming it is out of the question. It is a tool to suppress dissidents.
This is especially because there are now so many
social conflicts, and it is hard to maintain stability.
The system is used by the authorities, in order
to 『solve』 many conflicts and social problems.”

Cao said that Chinese law stipulated that
the decision to restrict a citizen』s personal freedom needs to go through a court of law.
However the Labor Camp System can sentence without
a court trial, directly giving any charges, even framed ones.

Cao Shunli: “I have been in the labor camps, so I know.
Many felt wronged, and many their friends felt so too.
They all realized that society didn』t allow you to challenge
the authorities. Whatever you said won』t be listened to.
Even if you invested a lot of money and resources to fight
a legal battle, in the end you will always be the loser.
Besides, you will suffer more in the labor camp,
because you didn』t plead guilty initially.
You will suffer more. That is the labor camp system.”

In 2007, economist Mao Yishi and Lawyer Li Fangping,
along with 69 other scholars and lawyers had signed a petition to abolish the labor camp system.
In March 2008, Chinese Communist Party
(CCP) congress representatives from Shanxi province also proposed a revocation.

In August, a woman from Hunan Province requested
the authorities to punish 7 men who raped her 11-year-old daughter,
but she was sent to a labor camp for 18 months.
She was then released due to a public outcry.
Lawyer Wang Cheng and his co-workers posted
on their micro-blog their articles about citizen rights.
5000 citizens signed them within 3 days.

Another Lawyer, Li Fangping,
along with10 other legal professionals,
wrote letters to the Ministry of Public Security and
Ministry of Justice, asking to abolish the system.

Li Fangping: “If you use the labor camp system as a way
to suppress people, the whole society can』t accept that.
It shall be abolished or reformed fundamentally.

If you think it just has defects and that some minor
technical changes would work, but you don』t change its nature, I think that doesn』t solve the problem.”

Chinese journalist Beifeng said that behind the labor camp
system is an interest chain of billions of dollars.

Zhao Yuanming, is a former Lecturer
at the University of Public Security.
Zhao said that the labor camp system is against
the constitution from its making to its execution. It tramples on law and humanity.

Zhao Yuanming: “Because you force the detained person
in a labor camp to do hard labor, and deprive them of any income, it is not only illegal but also inhumane.
It also explains the economic reason why the
CCP does not want to abolish the system, because it brings huge benefits to those officials.
It is a useful tool to suppress
dissidents and religious persons.”

Cao Shunli said that the labor camp
system has been much criticized.
Even if the CCP doesn』t want to revoke it,
grassroots efforts will eventually put an end to it.
He believes the day will come soon.

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