A few days ago, a local district court cited a recent article by the Supreme Court on “promoting the integration of core socialist values into the interpretation of law in adjudication documents,” which sparked an outcry from the public. Industry experts said that the CCP’s use of core values instead of legal basis for adjudicating cases is a new era of the Cultural Revolution, smashing the public prosecutor and the law.
On February 22, the Chinese Communist Party‘s official media, Penghuang News Network, reprinted an article entitled “The Supreme Court issued a document: if the verdict has no legal basis, core values should be used as a guide! (implemented on March 1),” the article.
According to the article, the Supreme Court recently issued the “Guidance on Deepening the Integration of Socialist Core Values into the Interpretation of Law in Judgment Documents”. The article declares that the integration of socialist core values into the interpretation of law in legal cases is “an effective way to enhance the credibility and transparency of judicial decisions.
The Opinions list six types of cases that “strengthen the use of socialist core values” in adjudication. These include cases involving national interests, major public interests and widespread social concern; cases involving Epidemic prevention and control, rescue and disaster relief, protection of martyrs, self-defense, and emergency evasion, which may lead to social moral evaluation; cases involving the elderly, women, children, the disabled and other vulnerable groups and special group protection, which are controversial and may lead to widespread social concern; cases involving public order and morality, customs and traditions, equality of rights and nationalities, and the use of socialist core values. Customs and traditions, equality of rights, ethnicity and religion, etc., the parties to the lawsuit there is a large dispute and may cause widespread concern in society.
The Opinions also stipulate that in cases where there are normative legal documents, judges should apply the socialist core values to interpret the law in addition to referring to the relevant provisions of the normative legal documents; in civil and commercial cases where there are no normative legal documents as the direct basis for adjudication, judges should use the most similar legal provisions as the basis for adjudication, in addition to applying custom; in cases involving multiple value orientations, judges should use the socialist core values as a guide. Where multiple values are involved, judges should judge and weigh the cases based on socialist core values in addition to the spirit of legislation and legal principles.
The Supreme Court’s Opinions in the above-mentioned article sparked a public outcry. Some netizens said that the Opinions indicate that “those consistent with core values are judged according to the law, those inconsistent with core values are judged according to core values, and those not in the law are judged according to core values. Conclusion: core values are the real law.”
Some netizens also said, “The mainland itself says it is a civil law country, is this not a slap in the face?” Another netizen said, “A monk with an umbrella, lawlessness! The Great Proletarian Cultural Revolution is good! Smash the public prosecutor and the law!”
The former gangster-style dictum is now an open document
The Chinese Communist Party has always claimed to “follow the rule of law,” yet the Supreme Court’s Opinions directly state that the ultimate basis for adjudicating cases is “core socialist values. In response, former mainland human rights lawyer Zhu Shengwu told the Epoch Times that judges used to judge cases according to the guidelines of socialist core values, which were never written into the document.
“Many years ago, the domestic courts in the judgment, the Communist Party’s policy has always been a priority in the judge’s judgment (things), but before these things belong to the gangster-style dictum, that is, the above meeting to convey the spirit of the decision, the following sentence, the Party’s policy must be complied with, if the law and the policy conflict, must comply with the policy, but before never into the document. “
Zhu Shengwu believes that the Chinese Communist Party now dares to do so openly, and the Chinese Communist Party’s infiltration and control of the world, “after the U.S. election, this month or so, whether the domestic legal system issues, or in Hong Kong, including what happened in Myanmar, the Chinese Communist Party has shown very active, completely carefree, showing its so-called full self-confidence, the whole world is following in becoming a severe Control, the Chinese Communist Party attempts to be the global ideological leader of this trend has been demonstrated, it is no longer obscure”.
High-Pressure People’s Discontent with the CCP’s Manipulation of the Knife in Crisis
Lai Jianping, a master of international law from China University of Political Science and Law, told the Epoch Times that the fact that the CCP’s top law is now issuing this document is related to the strength of the backlash against the CCP’s high-handed control in domestic society.
“Over the years, the CCP has been tightening its control over society, oppressing and subjugating people, and civil society has less and less room for survival, freedom and speech. Therefore, further tightening the grip of the knife and strengthening the arbitrary control over society from the judicial perspective is another important step among the many measures taken by the CCP to tighten its dictatorship, and is an important link in a slowly tightening net.”
Lai said that the CCP’s current practice also reflects its crisis of rule, “the rulers feel that the crisis is getting deeper and deeper, so in order for the one-party dictatorship to continue forever, they have to do their best to control it in all aspects in the future, and this is its purpose.
The politicization of justice rule of law regression rule of man expansion
Lai Jianping said, “the opinion” will be the legal operation from the original informal, non-standard, sneaky, cover-up into the current name, the scale of the practice, as a matter of course, indicating that the law as a criterion is replaced by new policy guidelines, objectivity is replaced by subjective interpretation, is the judiciary to politicization.
This not only “expand the judge’s power of judicial interpretation, that it can go to arbitrary interpretation, and even do black and white parole of such a so-called core values to replace the specific and clear legal norms, that the original legal provisions are increasingly useless, and finally become the judge is the law, and the judge is listening to the powers that be, it will be reduced to the ruler is the law So a degree.”
As a whole, this is a phenomenon of politicization of justice, essentially a regression of the rule of law, the expansion of the rule of man, “the people’s freedom is reduced, authoritarian dictatorship strengthened; from the most abstract point of view is also the deepening of oppression and slavery, is a more serious and deeper harm.”
The New Age Cultural Revolution Smashes the Public Prosecutor and the Law
Cai Shenkun, a well-known Writer, posted on Sina Weibo, “During the Cultural Revolution, based on revolutionary values, those countless people who were brutally persecuted to death became counter-revolutionaries. Now no longer mention the class struggle nor the revolution, replaced by the core values of socialism, most of the ideas are not willing to lonely dare to speak, and will be held a new hat, in addition to the nuisance is against the core values.”
Lai Jianping said, now engaged in a new period of the Cultural Revolution, a new period of smashing the public prosecution, “the Cultural Revolution period there is no law, the law, the public prosecution and the law are smashed, the Red Guards, workers and peasants and revolutionary juniors, to sentence who is sentenced to imprisonment, who wants to arrest, who wants to arrest, said who has a reason to have a reason, even the form of the law at all, completely to the revolutionary will to replace all the law “.
Now, it retains this legal form, but essentially empties the content of the rule of law of the law, according to the arbitrary purposes of the ruler, the ruler’s policy as the basis for sentencing cases, “the policy and the law are very different, the law is more serious and more standardized, (and) the policy has never been specific explicit provisions, such as the use of the 24 words of the core social values how to interpret, now It is the so-called policy instead of the law, so I think it is the new period of the Cultural Revolution, the new period of smashing the public prosecutor’s office”. Lai Jianping said.
The harm caused to society
Zhu Shengwu said that once the Opinions are implemented, there will be no rule of law in the whole society, “in fact, it is the complete abolition of the rule of law, the complete abolition of the independence of the judiciary, the will of the political parties on top of the law, the complete abolition of the democracy that did not exist in the first place, completely become the Nazi Germany of the 20s and 30s, the judges completely become the vassals of the political parties”.
“Society will go backwards across the board.” Lai Jianping said that mainland Chinese people’s faith in the law had not been established, and that by doing so now, “people’s faith in the law will become weaker and weaker, and they will believe less and less in the law, and judges will become more and more subjective and not act according to the law.”
In other words, “the role of the law on the authority of the rule of law is getting weaker and weaker, society is becoming more and more impossible to follow, the people are becoming more and more silent, more and more submissive, arbitrary rule has become the mainstream of this society, Chinese society will become more and more degenerate, more and more sunken, more and more regressive, more and more away from a civilized society, which is an extremely frightening phenomenon. ” Lai Jianping said.
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