(Clearwisdom.net) I believe that the issue of Falun Gong is a touchstone upon which the investigation system of constitutional violations will be tested. During the past five years, Jiang's regime has violated the constitution and promulgated laws to establish a so-called "legal basis" through which to persecute Falun Gong practitioners, and Falun Gong practitioners have appealed to void this entire "legal basis."
The Chinese government's legal Review and Testing Office now deals with constitutional violations. The National People's Congressional Law Working Committee Chair clarified this when answering the question, "Without a constitutional court, which agency is responsible for the investigation of constitution violations?"
In the Law Working Committee clarification, the Chair said that unlike many Western countries, the current Chinese government has not established a constitutional court. Based on China's constitution, the oversight of China's constitution is the right of the National People's Congress and its Standing Committee. This year the Review and Testing Office became part of the National People's Congress Law Working Committee, which is tasked with reviewing whether or not governmental rules and laws are constitutional.
Concerning the review and investigatory powers of this entity, the Chair explained that if existing laws and regulations violate the constitution, any citizen, organization, or related state agency may appeal to the Standing Committee of the National People's Congress.
Given the aforementioned explanation, Falun Gong practitioners in China and overseas have constitutional and legal rights to appeal to the National People's Congress and its Standing Committee. They have the right to clarify the truth about Falun Gong, validate the goodness of Falun Gong, and disclose the illegal nature of the persecution. Practitioners have the right to file the following appeal to the investigatory constitutional violations body within the National People's Congress. They have the right to request an investigation and subsequent voidance of all laws, rules, notices, explanation of laws, sentences, and administrative orders enacted in the persecution of Falun Gong practitioners by all government agencies (including police, court, procurator, and other government agencies at all levels) in Jiang's regime.
"The legal basis" used by the Chinese Communist Party (CCP) and Jiang's Regime to persecute Falun Gong violates the constitution in all respects
From the very beginning of the persecution, Jiang's regime has put so-called "justifiable" labels of "legal" and "legitimate" on this illegal persecution. The regime continuously enacts new laws and rules and then uses them as "legal basis" to support the persecution. The regime avails itself persistently of these unconstitutional laws and rules to violate the constitution. This so-called "legal basis" was used to deceive the Chinese people, and to avoid condemnation from the international community.
Laws are used to regulate people's actions and punish criminals. Yet in the persecution of Falun Gong practitioners, laws have been used outside their legal mandate: they have been used to ban and punish a people's belief in goodness. Wrongful interpretation and violation of existing laws have driven the persecution's evil and bizarre activities from the time it was launched.
The principle perpetrator Jiang Zemin willfully violated the intent of the Chinese constitution, abused presidential authority, and controlled the country's judicial system. He initiated the persecution and formulated the persecution policy. He first determined that practitioners were guilty, and then designed laws after the fact to support their "guilt." Jiang forced the National People's Congress to follow his command and make "laws." He commanded the Supreme Court and the Supreme Procuratorate to abuse their rights to give interpretation to the law. The two governmental bodies were forced to amend Article 300 of the Criminal Law, which then was used as a "legal basis" to persecute Falun Gong. To state it more clearly, the persecution lacks proper legal and administrative procedures in all respects. the "legal basis" Jiang used to carry out the persecution is entirely unconstitutional.
Order to ban Falun Gong from Ministry of Civic Affairs was used to legitimize the persecution
Article 35 of the Constitution of the People's Republic of China clearly stipulates: "The citizens of the PRC have the right to freedom of speech, publication, assembly, association, parade, and protest." The command to ban Falun Gong by the Ministry of Civic Affairs violated the right of "freedom of association" granted under the constitution.
Article 5 [Socialist Legal System, Rule of Law] of the Constitution states: "No law or administrative or local rules and regulations shall contravene the Constitution." "No organization or individual may enjoy the privilege of being above the Constitution and the law." Because the order's language was unconstitutional, the issuance of the order (to ban Falun Gong) is also unconstitutional.
The organization that the Ministry of Civic Affairs banned in its declaration in reality did not officially exist. The Falun Dafa Research Association was from its inception a branch of the China Qigong Science Research Association. After resigning from the Qigong Science Research Association in 1996, the Falun Dafa Research Association no longer existed. The reason for banning a non-existent organization was purely to create a "legal basis" to legitimize the persecution.
The Ministry of Public Security's declaration of "Six Prohibitions" to help execute the persecution
The "Six Prohibitions" are:
1. It is prohibited for anybody to hang or post banners, pictures, symbols and other tokens in any place or during any event to promote Falun Gong.
2. It is prohibited for anybody to distribute books/magazines, video/audio materials and any other means of promoting Falun Gong, in any place or during any occasion.
3. It is prohibited for anybody to gather crowds to do "group practice," "Fa promotion," and other similar Falun Gong activities, in any place or during any occasion.
4. It is prohibited for anybody to hold "conferences," "parades," and "demonstrations" that support or promote Falun Gong by means of "meditation" or "making an appeal."
5. It is prohibited to fabricate or distort facts, spread rumors deliberately, or instigate and interfere with the social order through other means.
6. It is prohibited for anybody to organize, assemble, or lead events that are against government policies.
From these prohibitions, one can see without doubt that the aforementioned notice contained the following message to the country's police system and society: "You are authorized to persecute practitioners at will. You may take away all their legal rights.
The "Six Prohibitions" openly violated the Chinese Constitution, taking away freedom of speech, publication, assembly, association, parade, and protest. This notice was released to the public as a legally enforceable directive, and used subsequently as the "legal basis" for the persecution.
The "Six Prohibitions" violated Articles 5, 33, 35, 36, and 41 of the constitution. It also violated "The State's Regulations on Appeals"
In "The State's Regulations on Appeals," Article eight stipulates: "the person lodging the appeal may submit documents to the relevant agencies on items that involve 'criticism, suggestions, and requests intended for administrative agencies and staff members;' "Report and expose the illegal deeds of administrative agencies and their employees;" "making a formal complaint against actions that have invaded one's legal rights and interests," among others.
The Supreme Court, the Supreme Procuratorate, and National People's Congress enacted laws to put a "legal" veneer on the persecution
After China adopted the "Open Policy" in the late 1970s to become a full-fledged member of the international community, the "anti-revolutionary" language within Chinese criminal law was removed. Therefore, to declare someone guilty because of one's thoughts became more difficult. But under orders and threats from Jiang's regime, The Supreme Court, the Supreme Procuratorate, and National People's Congress amended Article 300 of the Criminal Law to find a "legal basis" for the persecution.
In October 1999, three months after the persecution started, when being interviewed by the French newspaper Le Figaro, Jiang said, "Falun Gong is an evil cult." On October 26, major Chinese newspapers published Jiang's speech on their cover pages, and titled the article, "Falun Gong is an evil cult." On October 27, 1999, the Xinhua News Agency published a special comment, with the same title, in which the author quoted an article published in the People's Daily on the July 22, 1999 to prove Jiang's speech was "reasonable." The People's Daily article contained many baseless rumors and was published solely to slander Falun Gong.
Three days later, October 30, 1999, the National People's Congress passed "The decision to ban evil cult organizations, and to crackdown on evil cult activities."
Jiang violated Article 80 and 81 of the Chinese Constitution, which defines the extent of the President's power. It states clearly that the Chinese President is not granted the right to define crimes based on personality, organization, or practice methods. The National People's Congress, going along with Jiang, enacted unconstitutional laws, the sole intent of which was to deceive the Chinese people and evade criticism by the international community.
Neither the National People's Congress' "Decision," nor the later "Interpretation of certain problems in implementing the law dealing with cases about the crimes of evil cult organizations" issued by the Supreme Court and the Supreme Procuratorate, contain wording that specifically relates to Falun Gong. As a result they do not have any real legal enforcement power against Falun Gong.
Lawfully appeal to the National People's Congress and its Standing Committee, requesting to remove the unconstitutional "legal basis" used to persecute Falun Gong
We can see that the creation of "legal basis" for the persecution is completely unconstitutional, and creating these laws without doubt violated numerous laws and inflicted an unprecedented disaster on the country.
The above behaviors violate the following Chinese laws:
Constitution
Criminal Law
Administration Penalty Law
Administration Appeal Law
Minors Protection Law
Women Protection Law
Education Law
Civil Law
Labor Law
Citizenship Law
Copyright Law
Judicial Law
Prosecutorial Law
People's Police Law
Jail Law
Demonstration and Parade Law
Labor Education Law
Appeal Rule
Guidelines for the Use of Weapons by Chinese Police
Publishing Guideline
TV Broadcasting Guideline
Anyone, including government officials, must follow the proper legal procedures when making a decision that affects a country's citizenry. Forcing one's personal and selfish opinions upon the government, administrative agencies, and people of an entire country is in violation of the laws, and it is enforceable and punishable by laws.
Whether the National People's Congress can lawfully deal with the appeals by practitioners and remove the entire "legal basis" for the persecution is a cornerstone upon which the constitutional review and investigatory system violations is being tested.
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References:
1. Related articles in the Constitution of People's Republic of China:
Article 2. All power in the People's Republic of China belongs to the people.
Article 5. The state upholds the uniformity and dignity of the socialist legal system. No law or administrative or local rules and regulations shall contravene the constitution. All state organs, the armed forces, all political parties and public organizations and all enterprises and undertakings must abide by the Constitution and the law. All acts in violation of the Constitution and the law must be investigated. No organization or individual may enjoy the privilege of being above the Constitution and the law.
Article 35. Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.
Article 36. Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination.
Article 37. The freedom of person of citizens of the People's Republic of China is inviolable. No citizen may be arrested except with the approval or by decision of a people's Procuratorate or by decision of a people's court, and arrests must be made by a public security organ. Unlawful deprivation or restriction of citizens' freedom of person by detention or other means is prohibited; and unlawful search of the person of citizens is prohibited.
Article 38. The personal dignity of citizens of the People's Republic of China is inviolable. Insult, libel, false charge or frame-up directed against citizens by any means is prohibited.
Article 39. The home of citizens of the People's Republic of China is inviolable. Unlawful search of, or intrusion into, a citizen's home is prohibited.
Article 40. The freedom and privacy of correspondence of citizens of the People's Republic of China are protected by law. No organization or individual may, on any ground, infringe upon the freedom and privacy of citizens' correspondence except in cases where, to meet the needs of state security or of investigation into criminal offences, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law.
Article 41. Citizens of the People's Republic of China have the right to criticize and make suggestions to any state organ or functionary. Citizens have the right to make to relevant state organs complaints and charges against, or exposures of, violation of the law or dereliction of duty by any state organ or functionary; but fabrication or distortion of facts with the intention of libel or frame-up is prohibited. In case of complaints, charges or exposures made by citizens, the state organ concerned must deal with them in a responsible manner after ascertaining the facts. No one may suppress such complaints, charges and exposures, or retaliate against the citizens making them. Citizens who have suffered losses through infringement of their civil rights by any state organ or functionary have the right to compensation in accordance with the law.
2. The so-called "legal basis" was established outside constitutional rights to persecute Falun Gong by Jiang's Regime:
People's Republic of China Ministry of Civic Affairs's Decision to ban Falun Dafa Association (on July 22, 1999)
The People's Republic of China Ministry of Public Security circular (on July 22, 1999)
The Human Resources Department informs that government officials are not allowed to practice Falun Dafa (on July 24, 1999)
People's Republic of China Ministry of Public Security: Warrant for arrest [1999] No. 0102 (on July 30, 1999)
The State Council office retransmits "Human Resources Department and Ministry of Supervision about Practices: Processing opinions about the issue of government officials practicing Falun Dafa and some other issues" (in October, 1999)
The People's Republic of China News Publication Bureau: "Notice of processing opinion about the Falun Gong publications"
The Supreme People's Court Supreme People's Procuratorate: "Explanation of specific law enforcement applications regarding cases in which people organize cults to commit crimes (1)"
The Supreme People's Court Supreme People's Procuratorate: "Explanation of specific law enforcement applications regarding cases in which people organize cults to commit crimes (2)"
Standing Committee of the National People's Congress: Decision to ban the cults organization, guard against and punish cults activity"
As well as:
The Central Committee of the Chinese Communist Party: "Notice of party members are not allowed to practice Falun Dafa" (on July 19, 1999)
The Central Committee of Communist Youth League: "Notice of Youth League members are not allowed to practice Falun Dafa" (on July 24, 1999)
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Category: Perspectives
