New Political Balloon for Stability of Chinese Communist Party Rule?
Recently, exposure of wrongful convictions
across China have continued to occur.
These included Zhu Ling’s Thallium poisoning case,
Zhao Zuohai’s murder case, as well as the rape case
that victimized a Zhejiang citizen and his nephew.
Shen Deyong, executive Vice President of
the Supreme People’s Court, recently proposed:
“It would rather wrongly allow real criminals to
escape unpunished than wrongly charge the cases.”
Is this a political balloon that the Chinese Communist
Party (CCP) released to encourage political stability?
On May 6, the People’s Court Daily published
an article authored by Shen Deyong.
Shen said that for a period of time, continuous wrongful
convictions have brought unprecedented challenges.
He alleged that if not properly dealt with, it will
severely hamper the development of criminal justice.
Shen Deyong stated that it would rather mistakenly allow
real criminals to escape unpunished than wrongfully convict.
Shen argued that Heavens wouldn’t fall if real
criminals were wrongly allowed to go unpunished.
While it would be a big deal for a wrongful conviction,
especially a wrongful execution of an innocent citizen.
Tang Jingling, a Chinese lawyer, commented that this
idea is a legal tenet in any country under rule of law.
Without sufficient evidence of guilt,
it shouldn’t hand down a death penalty.
Tang Jingling: “His statement may not produce
instant and real changes in the judiciary.
But it may help change the notions
of the judiciary sector as time passes.
In particular, those in the Supreme Court who
take charge of reviewing death penalty cases.
By observing this principle, it will
generate great changes in reality.”
A Beijing constitutional scholar Chen Yongmiao,
believes that Shen Deyong’s idea won’t come true.
That is, unless China has an independent judiciary.
That will be possible after the Politics and
Legislative Affairs Committee (PLAC) collapses.
Chen Yongmiao: “The police, the procuratorate and courts
are now under the leadership of the PLAC and the CCP.
The courts are in fact willing to resist the PLAC’s
control, but still haven’t yet broken free of it.
So, his remarks only indicate that he has
such a willingness, but it produces little effect.”
A netizen questioned, “How could it give rise to
injustice, if really acting in accordance with the law?
Is there something wrong with the law itself?
The view that it prefers to falsely allow real criminals
to escape unpunished than give wrongful charges
will undoubtedly become a talisman for the officials,
who will bend the law for their selfish gains.
Carrying out this idea will lead to a dreadful aftermath.”
Zhao Yuanming , an expert in Chinese law,
indicates that CCP laws are all empty words.
He says that the CCP authorities have always been
driven by the political needs, in order to strike down on,
or defame a person, instead of having real legal basis.
Zhao Yuanming: “In reality, when redressing the
injustices, the court president will still serve political needs.
This has occurred repeatedly since the CCP came to power.
This is proof, with continuous political movements,
and repeated redressing unjust cases after that.”
Shen Deyong claimed that reinforcing cooperation among
police, procuratorate and courts helps form joint work forces.
But the joint dealing with a case may give rise to a wrongful
conviction, he said, which must be firmly abandoned.
Tang Jingling: “Many scholars, including
lawyers, have pointed it out long ago.
In China, the authorities have severely interfered with
judiciary justice, resulting in wrongful death penalties.
It’s commonly seen in those “must-be-cracked”
cases, commanded by the Party officials.
They often use frame-ups and tortures to
extract forced confessions to “solve” cases.
But the real criminals are still at large.”
Zhao Yuanming says that in the past decade,
especially during the tenure of Jiang Zemin,
the PLAC was the actual judicial czar in China.
Zhao Yuanming: “After Jiang Zemin openly cracked
down on Falun Gong, he set up the ‘6-10 Office’.
It is neither a Party organ nor a state agency,
but it overrides all the judicial departments.
It has created numerous wrongful convictions.
The Supreme People’s Procuratorate and the
Supreme People’s Court actually aided it to do evil.”
Zhao Yuanming views Shen Deyong’s remarks
as a political balloon, to serve political stability.
He interprets Shen’s statement.
It tells that China is now starting to move towards the
“Dream of Constitutionalism”, correcting past unjust cases.
This is an old CCP political trick, he says, whilst
China’s road is nowhere near the real rule by law.