(Clearwisdom.net) A recent overseas report revealed the contents of confidential government files from the cities of Qingdao and Shenyang in China. The records disclosed that the two cities had collaborated with the central government and provincial and city commissions to intensify the suppression of Falun Gong. Another confidential report from the Tiexi District 610 Office in Shenyang City disclosed the most recent directive from the Beijing's judicature: "Never hand down not-guilty sentences (in Falun Gong cases)." The uncovering of these confidential files has shown how Beijing continues to ignore the rule of law to persecute Falun Gong.
The justification from Beijing for its suppression of Falun Gong using political means is not legitimate. The persecution overrides existing Chinese law and is unacceptable to the international society. Human rights activist Jerome A. Cohen of the US Council on Foreign Relations recently commented in an interview that Beijing's persecution of Falun Gong is "ridiculous."
More and more human rights lawyers in China are daring to stand up to protect existing laws and go against Beijing. These lawyers defend illegally arrested and imprisoned Falun Gong practitioners and help them with not-guilty pleas. According to the lawyers, Falun Gong is legal under China's Constitution and the persecution is unlawful. In February 2009, Attorney Li Subin, Deputy Director of the Yitong Law Office in Beijing, published an article "Practitioners of Falun Gong Are Not Guilty According to the Constitution." He said in the article, "All the announcements from the courts and "Procuratorates" calling Falun Gong a cult and saying that its practitioners should be penalized are in opposition to existing laws and are therefore illegal. They should be remanded immediately."
The most recent directive to the judicial system from the Chinese Communist Party (CCP) exposes its blatant interference with the legal system. Legally, there are four requisites to constitute a crime: subject, subjective aspect, object, and objective aspect(1). It is not a crime if any of the four is missing. On May 12, 2008, attorneys Li Heping and Guo Shaofei defended Falun Gong practitioner Liu Xitong in Qingdao, Shandong Province. They carefully analyzed the case and discovered that three out of the four elements were missing. In the past ten years, the CCP has disregarded the law with its persecution of Falun Gong, resulting in countless wrongful sentences.
The new directive indicates that the CCP is losing its battle. Defending Falun Gong practitioners with not-guilty pleas is becoming a more common occurrence in China. Lawyers who defend Falun Gong practitioners include Gao Zhisheng, Guo Guoting, Li Heping, Li Xiongbing, Zhang Lihui, Li Shunzhang, Teng Biao, Wu Hongwei, Guo Feixiong, Li Subin, Wen Haibo, Han Zhiguang, Wang Yonghang, Li Renbing, Cheng Hai, Xie Yanyi, Li Chunfu, Wang Yajun, Lin Xiaojan, Mo Honglo, Tang Jitian, Jiang Tianyong, and Mo Shaoping.
Note:
(1)The "subject" in the four requisites refers to the entity under discussion, whether an organization or a natural person, an adult or a minor, or a special military personnel. "Subjective aspect" refers to whether the "subject" committed the crime on purpose or by mistake. If it was a purposeful act, then what is the purpose and the motivation. "Object" refers to the entity that was hurt by the subject's action: it could be a victim's right to life and health or right to property. "Objective aspect" means the damage the action has caused society and the severity in an objective sense. In Falun Gong cases, besides the requisite of "subject," the rest do not exist
