Spreading the Nine Commentaries on the Communist Party and Convincing People to Quit the Party Does Not Violate the Chinese Constitution or the Law
(Clearwisdom.net) Since the Nine Commentaries on the Communist Party was published in The Epoch Times in November 2004, many practitioners have been trying to promote the Nine Commentaries and convince Chinese people to quit the party. Some people have some misunderstanding about practitioners' behavior and think that they have gotten involved in politics and are violating the laws of China. I would like to share my understandings on this issue.
1. Spreading the Nine Commentaries on the Communist Party and Convincing People to Quit the Party Does Not Violate the Chinese Constitution or the Law
The Nine Commentaries objectively describes the history of the Chinese Communist Party (CCP) and exposes its true nature. There is much evidence and many witnesses to prove the conclusions made in the Nine Commentaries.
The Nine Commentaries became very popular and many Chinese people from every social class realized the truth quit the Party. The number of withdrawals so far has reached 18 million at a rate of 30 thousand per day. Because the Nine Commentaries reveal the truth, the CCP has kept silent since its publication, despite so many people having quit the Party. The CCP doesn't dare to respond to the Nine Commentaries publicly and only tries to stop it's circulation. Since the CCP has always resorted to violent measures to eliminate its enemies throughout history, its silence indirectly proves the truthfulness of the Nine Commentaries.
In a free society, people have the freedom of spreading, promoting and reading the Nine Commentaries, and also the freedom to quit the CCP and its related organizations. Quitting the Party is individual behavior based on one's own will. Nobody has forced other people to quit the Party. After learning the truth and recognizing the true nature of the CCP, one makes his own choice to quit the Party or not. Such actions don't bring any damage to society or other people.
According to Article 35 of the Chinese Constitution, Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration. So spreading and reading the Nine Commentaries is legal and should be protected by the law.
The persecution of Falun Gong in China has no lawful base and is completely illegal. Because of the Party culture and the CCP's brainwashing, some people cannot see this point. Due to increasing communication between Chinese people and the international community, more and more Chinese have learned the importance of the law. To keep its power, the CCP plays tricks with the law.
After the Chinese Constitution was formed in 1982, the CCP revised it four times: in April 1988, March 1993, March 1999 and March 2004. The Constitution of a country is very important and is the highest law. It should not be revised so frequently and casually. The CCP frequently revises and changes the Constitution so as to meet its own evil agenda and to keep its power. In March 2004, it revised it for the fourth time. In the Preamble, the CCP added "Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism, the Mao Zedong Thought, the Deng Xiaoping Theory, and the important thought of the "Three Represents," the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship, follow the socialist road......". What is Marxism? In the world nowadays, it is terrorism.
Some people thought that spreading the Nine Commentaries and convincing people to quit the Party violates the Constitution and the law. To address this issue, we need to clarify two points:
- The laws in China were made under the CCP's manipulation, and they manifest the CCP's will, not the people's will. When persecuting Falun Gong, the CCP has no lawful base and never follows the laws. (I will further address this issue later)
- Even though the CCP added " Under the leadership of the Communist Party" to the Constitution, spreading the Nine Commentaries and quitting the Party are still one's freedom and rights and it is one's own affair. It has nothing to do with "the leadership of the CCP." So there is no justification to punish this activity.
Article Three, Chapter I of the Criminal Law Code of the People's Republic of China states, "For acts that are explicitly defined as criminal acts by law, the offenders shall be convicted and punished in accordance with the law; otherwise, they shall not be convicted or punished." This means that, to convict or punish an offender, this person's acts must be defined as criminal acts by the law. The CCP's own will or policies cannot be used to punish him. Spreading the Nine Commentaries and convincing people to quit the Party are not defined as criminal acts by law, so it should be protected by the law and people should not be punished for doing it. All those people, who have this misunderstanding, are actually influenced by the Party culture and brainwashed by the CCP.
2. The CCP never obeys the law when persecuting Falun Gong
In every political movement in history, due to its evil nature, the CCP has always taken violent measures to eliminate its enemies and persecute people. But since Falun Gong practitioners refuse to give in and insist on peaceful appealing, the CCP is out of tricks, and it has to use laws to cover its brutality. In the last seven years, many practitioners have been sentenced to labor camps and jails. In the past two years, the CCP has arrested and jailed many practitioners for spreading the Nine Commentaries. All these criminal acts are done by the lawful organizations manipulated by the CCP, and in doing so they themselves violate the laws.
There was no legislation or judicial procedure whatsoever to determine if Falun Gong and Falun Gong practitioners were guilty of breaking any laws. That is how it came about that in October 1999, the Supreme People's Court and the Supreme People's Procuratorate put forth the "Decision of the Standing Committee of the National People's Congress on Banning Heretical Cult Organizations, Preventing and Punishing Cult Activities" (abbreviated as "Decision") and "Interpretation of certain problems in implementing the law dealing with cases about the crimes of evil cult organizations" (abbreviated as "Interpretation") and other notices. The CCP persecutes Falun Gong based on these documents.
The "Decision" and "Interpretation" tried to cover Jiang Zemin's evil nature and poor judgment, which put him in a very difficult position. He made further efforts to use the state machinery and kept escalating the intensity and measures in the persecution of Falun Gong. To cover up his barbarous and tyrannical acts, he ordered the National People's Congress and the two supreme offices to try to use legal and judicial means to create a false image of Falun Gong, thus further deceiving the people with lies. Actually the "Interpretations" by the two organizations cannot define Falun Gong as a cult. (Please refer to "A Brief Analysis of the Issues in Legislation and Law Enforcement in China With Regard to Falun Gong" for detailed explanations. http://www.clearwisdom.net/emh/articles/2005/1/15/56566.html)
3. Completely eliminate the influence of Party culture and understand the real meaning of convincing people to quit the Party
The CCP has been trying to control Chinese people by brainwashing them and the Party culture has been influencing them for a long time. Gradually, many Chinese people formed a stereotypical notion: one cannot criticize the CCP, because criticizing the CCP is equivalent to anti-socialism, being unpatriotic and even betraying your own county, and so whoever criticizes the CCP should be punished. This notion, like a lock, controls many Chinese people's minds and behavior and makes them live in mental prisons without knowing it. To some people, you can talk about the truth of Falun Gong and the persecution, but you cannot talk about the Nine Commentaries or quitting the Party. This is completely due to the CCP's terror-driven governance in the last several decades.
Almost everybody knows about the CCP's brutal tricks and the disaster that it has brought upon China. The CCP itself also knows it. To keep its power, the CCP has taken actions to rescue its reputation. In July 1979, it removed the crimes of "anti-revolution" and "anti-socialism" from the new Criminal Law Code. In the Constitution of the CCP, it states that Party members have the freedom to quit the Party. In the Constitution of China, it states that Chinese people have freedoms of speech, press, and assembly. But all of these are actually for show and none of them are actually carried out. The police departments, courts and other governmental organizations carry out different policies. Those policies are kept secret from the public. For example, when the CCP decided to persecute Falun Gong, all the orders and policies were passed on orally and nobody was allowed to take notes or record them. Government officers were asked to carry out those orders and policies based on their own understandings. The officers in the police departments and courts were told not to accept or handle Falun Gong practitioners' appeals. All of these orders and policies have to be kept secret and cannot be publicized. People who have been influenced by the Party culture know those policies are wrong and illegal, but still carry them out. Although it is against their own conscience, they are still willing to be used by the CCP as tools.
Chinese people must abandon the notion that one cannot or should not criticize the CCP. Any organizations or people should obey the Constitution and their behaviors are constrained by the Constitution. So why should the CCP sit above the Constitution? Why should its behaviors not be constrained by the Constitution? Why cannot people criticize it? If it commits crimes, why cannot people stop it? The CCP is so corrupt that most people hate it. How come some people don't understand why Falun Gong practitioners are trying to reveal the real nature of the CCP and tell the
truth about it? Even the officers of the CCP themselves know that the CCP is about to crash down soon, and transfer their money overseas and try to immigrate to other countries. But there are people who still cannot see it.
The facade that is the financial development in China is covering all the crises and the CCP keeps its power by violence. A foreigner said that China is a country that had a soul. He said that China has profound culture and a long history, and he was worried that China has lost its soul. He is very right. The soul of China has been ruined by the CCP. Even a foreigner can see this, how come some Chinese cannot? Chinese people should look for the soul of their nation and get it back. The only way to do it is to get rid of the CCP and eliminate all the influence of the Party culture.
To get rid of the CCP and its influence, one must recognize its nature and figure out what the CCP really is and what Falun Gong is about. One must realize why Falun Gong practitioners clarify the truth and promote the Nine Commentaries. Reading the Nine Commentaries and Dissolve the Party Culture, (published on The Epoch Times website) is the best way to understand the real nature of the CCP and get rid of its control.
January 11, 2007