(Minghui.org) The Chinese Communist Party (CCP) has persecuted Falun Gong for more than 26 years, but few people know the suppression is illegal even under Chinese law.
Many CCP officials who participate in the persecution claim they are following orders, but this does not prevent them from facing consequences: “..if he [a public servant] implements a decision or an order which is obviously against the law, he shall bear due responsibility according to law,” states the Chinese Public Servants Law.
Article 300 of Criminal Law Is Misused Against Falun Gong Practitioners
CCP officials who persecute Falun Gong practitioners often cite Article 300 of the Chinese Criminal Law, claiming that practitioners “undermine[d] the implementation of the laws.” This claim is groundless, and officials may instead be ignoring the crime of Abuse of Power and Bending the Law for Selfish Ends.
According to the Four-Element Theory of the criminal law in China, the constitution of a crime is defined by Subject, Object, Subjective Aspect, and Objective Aspect. Falun Gong practitioners strive to be better citizens by following the principles of Truthfulness-Compassion-Forbearance. In practicing their faith, they lack any subjective criminal intent (Subjective Aspect). They do not violate the implementation of any laws or regulations (Object), nor do they pose social harm (Objective Aspect). The elements of a crime are not met, and the “criminal facts” simply do not exist.
From the perspective of the Object protected by Article 300 of the Criminal Law, “the implementation of the laws and administrative rules and regulations of the State,” a Subject of this crime must have undermined the implementation of laws and administrative regulations. Falun Gong practitioners’ actions do not violate any specific laws or regulations, nor do they undermine the implementation of any laws or administrative regulations.
Laws must be clear and specific. Similarly, how one allegedly undermines the implementation of laws and administrative regulations must also be clear. Currently, there are approximately 300 laws in effect nationwide (legislation at the National People’s Congress level) and approximately 600 administrative regulations enacted by the State Council. Not a single article criminalizes Falun Gong or the spreading of information about the same.
To determine whether Falun Gong practitioners have “undermined the implementation of the law,” it is necessary to clearly identify which laws and administrative regulations were violated. That is, which article, subsection, or item of the law was involved? But none of the cases against Falun Gong practitioners have had any evidence to support this claim.
In fact, ordinary citizens and social groups simply do not have the ability or means to undermine the implementation of national laws and regulations. Only officials holding public power, especially those in the highest levels of authority, have the ability and means to commit such crimes. They might use their power to disregard the law, replace the rule of law with rule of man, or interfere with judicial activities, undermining judicial independence and impartiality.
The most typical example of undermining the implementation of the law is the CCP’s persecution of Falun Gong through China’s public security, procuratorial, and judicial organs, including the manipulation of these agencies by the 610 Office. These actions undermine the implementation of the Constitution’s provisions on freedom of speech and freedom of belief.
By issuing unconstitutional judicial interpretations to replace legal provisions, the Supreme People’s Court and the Supreme People’s Procuratorate undermined the implementation of the provision in the Legislative Law that lower-level laws must not conflict with higher-level laws.
By obeying the instructions of the 610 Office to unjustly sentence Falun Gong practitioners, judicial officials have undermined the implementation of the provisions in the Criminal Procedure Law that the procuratorial and judicial powers are independent.
Therefore, using Article 300 of the Criminal Law as well as the judicial interpretations of the Supreme People’s Court and the Supreme People’s Procuratorate to detain, arrest, prosecute, and try Falun Gong practitioners is a distortion and abuse of the Criminal Law, and a true violation of the implementation of the law.
Falun Gong practitioners’ right to practice their belief and share information about the persecution of their faith are protected by the Constitution. The Constitution grants freedom of speech and belief. The law only punishes certain behaviors, and beliefs (thoughts) do not constitute a crime.
Article 35 of the Constitution states, “Citizens of the People’s Republic of China shall enjoy freedom of speech, the press, assembly, association, procession and demonstration.”
Article 36 of the Constitution states, “Citizens of the People’s Republic of China shall enjoy freedom of religious belief. No state organ, social organization or individual shall coerce citizens to believe in or not to believe in any religion, nor shall they discriminate against citizens who believe in or do not believe in any religion.”
According to the Constitution, it is lawful for citizens to believe in and practice Falun Gong, as well as tell others about the persecution and distribute informational materials. A person’s belief or nonbelief is a manifestation of their free will, a right granted to citizens by China’s Constitution. No state agency, social group, or individual has the right to interfere. Former CCP leader Jiang Zemin’s persecution of Falun Gong was illegal and a wanton violation of citizens’ freedom of belief and freedom of speech.
Falun Gong Is Beneficial to Society
The CCP often labels Falun Gong a “cult.” This is wrong.
Determining whether a religion is orthodox or a cult is beyond the reach of a government, legislature, or judiciary. “Cult” is not a legal term. Religion is a matter of faith, not something secular authorities have the right or authority to intervene in.
Falun Gong asks practitioners to live by the principles of Truthfulness-Compassion-Forbearance and is far from common definitions of a “cult.” Falun Gong lacks any organizational structure, and practitioners are a loosely knit community scattered around the world. They focus on cultivating their minds and strive to be good people. By improving practitioners’ minds and bodies, Falun Gong benefits society. Precisely for this reason, Falun Gong is practiced in more than 100 countries worldwide, and there are many practitioners in Hong Kong and Taiwan. Falun Gong and its founder, Mr. Li Hongzhi, have also received thousands of awards.
Some people say the Chinese government has designated Falun Gong as a “cult.” This is not true. The “cult” claim was first coined by Jiang Zemin in an interview with a reporter from the French newspaper Le Figaro on October 26, 1999. The next day, the People’s Daily followed suit with an editorial, repeating Jiang’s slander. Personal opinions and media reports are not law. Articles 80 and 81 of the Chinese Constitution define the powers of the Chairman. The Chairman’s activities within the scope of his authority represent the state; activities outside of his authority do not represent the state; they are merely personal actions. Therefore, Jiang lacked the authority to make such a designation. This was merely his personal opinion.
From another angle, Article 3 of the Criminal Law stipulates the principle of “No crime without law.” To date, the only official document that designates a list of cults is the “Notice of the Ministry of Public Security on Several Issues Concerning the Identification and Suppression of Cult Organizations” (Public Notice [2000] No. 39), issued in 2000 by the Ministry of Public Security. This document listed 14 cults, but it did not include Falun Gong.
Even more noteworthy is that in June 2014, 15 years after the persecution of Falun Gong began, the Legal Evening News publicly reiterated the Ministry of Public Security’s notice, reaffirming the 14 recognized cults. This again showed that the Chinese government had not classified Falun Gong as a cult.
Falun Gong Books and Materials Are Practitioners’ Legal Personal Property
What’s written in Falun Gong books is consistent with traditional values and teach people to be kind. There’s nothing illegal about owning Falun Gong publications. More importantly, according to current regulations, it is completely legal for Falun Gong practitioners to possess Falun Gong books and materials.
On December 29, 2010, the General Administration of Press and Publication of the State Council (GAPP) held its second executive meeting and approved Document No. 50. This document was issued on March 1, 2011, and took effect from the date of publication. The State Council announced this GAPP order and published it in the State Council Gazette, Issue 28, 2011. This document abolished 161 regulatory documents, the 99th of which was the “Notice on Reaffirming the Opinions on the Handling of Falun Gong Publications” (issued on July 22, 1999) and the 100th was the “Notice on Prohibiting the Printing of Illegal Falun Gong Publications and Further Strengthening the Management of Publication Printing” (issued on August 5, 1999).
Document No. 50 states that the ban on Falun Gong books was lifted and they are now legal publications. If Falun Gong books are legal, then materials introducing Falun Gong are also legal.
In summary, Falun Gong practitioners’ belief and actions of telling others about the practice are legal acts protected by the Chinese Constitution and laws. In contrast, the persecution of Falun Gong practitioners is a crime.
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Category: News Commentary
