Saturday, April 15, 2023

Translation: Civil Rights Lawyer Xu Zhiyong's Statement to the Court

Translator's Notes:

 Xu Zhiyong's Statement to the Court

A Glorious China

I long to have a dream. A glorious China, both beautiful and free, just and blessed. That is, a democratic China. Where all that is under heaven remains that under heaven which belongs to the people under heaven. Where it is not the country of one clan and one Party, but a country of the actual people. Where power is derived from the ballot box, not from the barrel of a gun.

Where the people regularly elect members of parliament, mayors, governors, and presidents, and the power is vested in the people, owned by the people, governed by the people, and enjoyed by the people. From then on, the people are no longer a fig leaf for a dictator, no longer the unknown ants in the reincarnation of a dynasty, but the true masters of the country. From then on, the rulers are no longer high-ranking occupiers, but humble service providers. They compete fairly and the people choose the best. From then on, regime change is no longer a bloodbath of swords and shadows, but a celebratory festival of the people.

When the path of righteousness is followed, then all under heaven will exist for the common good. After three thousand years, the Chinese nation will surely climb out of the Three Gorges of history and make its way toward a modern civilization. Democratic China is within our generation's reach, and we absolutely shall not pass the responsibility on to the next generation.

Such is a China ruled by law. A legislative democracy, where the people elect their own representatives. Laws are enacted through democratic procedures to represent the interests of the greatest number of people. There are no evil laws imposed on the people by the rulers, and no extrajudicial laws in the name of discipline and rules. Law enforcement is strict, and the people elect the government to enforce the law for the people. No individual or organization is above the law, and no weak person is outside the protection of the law. The judiciary is fair, judges are independent, there is no ruler except the law, and justice is adjudicated by law and conscience.

From then on, the law is no longer a tool of class dictatorship, but a measure of fairness and justice. From then on, judges are no longer the handles of the knives of privilege and centralization, but the patron saints of justice. From then on, all under heaven is ruled by law, all power is in the rule of law and order, the people believe in the rule of law, and fairness and justice floods the land.

Such is a free China. I loathe a society where power is rampant and human nature is distorted. A few bureaucrats decide what 1.3 billion people believe in, what they say, what news they listen to, and what movies they watch. They have built a high cultural firewall to isolate China from the civilized world. They feed millions of network supervisors, network police, and network commentators, and stifle the voice of the people. They use hundreds of millions of cameras and big data to create an airtight monitoring network, leaving Chinese people standing naked before their power. They have even invaded people's spiritual world, burning crosses, demolishing Buddhist schools, and forcing new local religions into exile.

There is no absolute freedom, but this certainly cannot justify wantonly strangling freedom. There are universal standards for human civilization, that is, these are the rights and freedoms written down in the Universal Declaration of Human Rights, as well as in the Constitution of China. These cannot remain blank pieces of paper forever.

I yearn for a nation that is free, a China where beasts of the powers-that-be don’t run rampant. Where we have freedom of belief, and your religious and ideological beliefs are matters of a personal nature, in which the powers-that-be cannot interfere. Where we have freedom of speech, and  There is no mass deletion of posts and accounts, there is no area that is off limits to political speech, and no one will be imprisoned for expressing political opinions. Where we have freedom of public participation, there are no false and manipulated elections, no "inappropriate remarks," and everyone has the freedom to form parties, associations, and participate in public affairs. Where we have freedom of personal life, there are no ubiquitous eyes of Big Brother, and everyone who stands before the powers-that-be enjoys privacy and dignity. In a free China, the people are like sprouts growing vigorously in spring, supporting the reborn civilization of the ancient East. Everyone is free from the distortions of power, lives in reality, and grows into their best selves.

There is no absolute freedom, and the Chinese people have no rights. It is tragic that it has become common sense for Chinese people to look for  connections when they have to get something done. Unfairness exists in every country, but China is different. There is no independent judiciary, no free media, no dissenting voices. Anti-corruption remains the official path for rulers to eliminate dissidents. The greatest  injustice in China is its autocracy, where a privileged group monopolizes all power of the State and the lifeblood of the economy. High oil prices, high housing prices, high taxes, and everywhere exploitation. The people are overwhelmed, while the exploiters say they are losing money year after year.

I yearn for a country that is fair and just, a China that is not permeated by relationships based on  privilege. Where power is held in check by the people, and untainted and honest officials act, not to grow rich, but to serve the public. Where there is equal education that does not depend on one’s household registration, and everyone, urban and rural, rich and poor, has equal opportunities to receive an education. Public schools do not distinguish between key and ordinary, and parents are free from the anxiety of choosing a school. Where there is a fair opportunity to choose a job, regardless of one’s beliefs, party, or gender, and public positions are open to everyone on an equal basis. Where everyone can find a suitable position and create their own happy life without relying on powerful relationships. Where there are fair pensions, regardless of whether one is in the city or the countryside, or is a civil servant or an employee, and the ratio of pensions to on-the-job salaries is roughly equal. Where the elderly in the poorest villages also have pensions sufficient to live a decent life. Where there is equal medical care, regardless of whether you are an official or  a civilian, and there is free medical care for serious illness, and no one becomes impoverished because of illness again.

In a China based on the public interest, the strong are constrained, and the weak are safeguarded. Everyone performs their duties, everyone does their best, and everyone gets what they deserve. There is not so much anger and anxiety from the cradle to the grave, and everyone has a happy smile on their faces. That is a China full of love. I loathe a society that is guarded, indifferent, and self-harming, where everyone learns from childhood not to trust strangers. So many years of poisoned milk powder, waste oil, fake vaccines, and poisoned meat. Everyone dons thick masks as a precaution against one another, and detours around the elderly who have fallen to the ground. Every society has human indifference, but nothing like China. The foundation of this country is class struggle, and it is the barrel of a gun that never tires of fighting. From state power to the jungle, there is no bottom line, and society has lost the cornerstone of conscience. After many years of materialism, people's spiritual world is barren. When people's hearts have abandoned the spiritual world that lies on the other side, love becomes like a spring without a source.

I yearn for a nation full of love, a China free from memories of fear and shadows. A nation of faith  that respects heaven, loves people, and believes that God is watching. Where there is a belief that life has a common root, and springs from the same spiritual source, and one day will return there. In this world there is no devil, only people of different backgrounds who experience joy, differences, divisions, and injuries. We sink into the joys and sorrows of our respective roles, and look back at our different choices and different roles on the ground from a high place. There is no hatred, only compassion. Love yourself, practice this world, perfect soul; love relatives and friends, the love of life, there is also gratitude; love strangers, smile at each other; love enemies, only sympathy without hatred, hostility and bound souls; love all beings, the spirit of all things ; Love the endless world. In a China full of love, there are no devils, no enemies, and no dark jungles. We are sincere, simple, and kind, with clean faces, clear eyes, and innocent smiles. That is our China reborn.

For more than 2,000 years, China has been enveloped by the haze of the Qin Dynasty. Even with the renaissance of the Tang and Song Dynasties, the backwardness of modern times was inevitable. The root of the rebirth of Chinese civilization lies above us, and it is there we find the God of all,1 the rich spiritual world of ancestors, and a China with the warmth of spring and blossoming flowers. All of this flows into the trend of modern democracy and science, and is reborn as a glorious Eastern civilization. For thousands of years, different civilizations have followed different paths to reach today's global village, and there are enormous differences in the spiritual worlds residing under the same roof. Conflicts based on different religions and civilizations have emerged, and humanity needs a new path to move toward the future together. This is the manifest destiny of China. Providence has bequeathed to us a spiritual wilderness from which a new civilization may grow. The spiritual sustenance we dedicate to mankind is not the bamboo slips in the graves of our ancestors, but the revelation heeded by our generation: Achieve an understanding of nature and yourself in a higher place. This is God's new philosophical belief ushering in a new era of civilization, that is a China that is admired by the world, and a China that is certain to become the greatest country in the world. This is certain to come to pass after autocracy has ended in China, and it is free and democratic.

1.3 billion people working together to create the most advanced technology, the most splendid culture, and the most prosperous economy in the world. Having a strong military, we will not occupy land or plunder resources. Rather, we will only take up arms where tyranny and injustice abide. Having the most advanced ideology and culture, we will not depend on might to promote it. Rather the world will be attracted to it owing to its merits, and it will spread to the four corners of the world.

Anyone, whether it is a person or a country, who follows the creed "There are no permanent friendships, only permanent interests" is doomed to fail. Diplomacy is about mutual benefit and win-win results. Furthermore, it is a moral imperative. Autocrats and traitors will never be our friends. For those people who are still struggling under the iron heel of dictatorship, we have the responsibility to extend a helping hand and help them share in human civilization. This is both a moral responsibility and self-preservation.

We have the courage to let go of the historical burden of the physical and mental harms done to us by other countries during the 20th century. A great nation that is truly confident will not indulge in the pain of history forever, and we will work together to create a glorious future for Asia. To developed countries, we will offer mutual benefit, cooperation, and competition to jointly create a new world order of freedom and democracy. People need a world government to maintain peace, protect the environment, provide disaster relief, and explore outer space.

Who was it that caused us to be born in China? One does not need a reason to love this country, it is a seed planted by God deep within every soul. To love China is to strive to make her more glorious. I have been jailed three times, all for a glorious China. For the first time, they accused the non-profit public welfare organization Open Constitution Initiative of tax evasion. The second time, they accused us of disrupting public order by promoting local college entrance examinations for the children of immigrants. This time, I am accused of subverting state power because I espoused a dream of a glorious China and advocated that everyone should be a citizen. Is it subversive to conduct oneself as a true citizen? Is it subversive to put their core values into practice by pursuing democracy and freedom? Is it subversive to sing rise up and refuse to be slaves in the March of the Volunteers? Such is the hypocrisy and absurdity of their regime. Such is its corruption.

I consider it an honor to suffer for liberty, justice, and love. I do not believe that the foundation of national rejuvenation can be built on a quicksand of lies; I do not believe that power politics and slavery are the eternal destiny of the Chinese nation. I do not believe that the spring breeze of freedom will always be blocked by the high wall; I do not believe that there will be an eternal night with no tomorrow. For more than 30 years, from a boy running wildly in a blizzard to waiting for dawn before dawn, my life has been on the same road. This tortuous and bumpy road has continued the dream of the sages. "Beautiful China" is the struggle and regret of Mr. Sun Yat-sen's life; it is Lin Juemin's sad last words written to his wife; it is the song of youth of Lin Zhao and Yu Luoke who died for China; The student's weeping blood declared. For more than a century, the Chinese nation has experienced ups and downs on the road to modern civilization. Now the sacred mission falls on the shoulders of our generation.

For more than 30 years, from a boy running wildly in a blizzard, to waiting for the daybreak before the dawn, my life has been on the same path. This tortuous and bumpy path has continued the dream of the sages.

"A Glorious China" is Mr. Sun Yat-sen's legacy of struggle and regret; they are the sad final words that Lin Juemin wrote to his wife; it is the youthful song of Lin Zhao and Yu Luoke who died for China; it is the weeping declaration of the students in Tiananmen Square in 1989. For more than a century, the Chinese nation has experienced ups and downs on the road to modern civilization. Now the sacred mission falls upon the shoulders of our generation.

Citizens and compatriots, the world is on an inexorable path. The rising sun of the rebirth of Eastern civilization is poised to burst forth, and the three thousand years of great changes will come to fruition in our generation. Let us take up this great era as citizens, and bid welcome to a China in the warm full bloom of Spring!

许志永法庭陈述:美好中国


我想有一个梦想,美好中国,美丽且自由,公正、幸福。那是民主中国。天下仍是天下人之天下,非一族一党之江山,真正人民的国家,政权出自选票,而非枪杆子。

人民定期选举议员、市长、省长、总统,权为民所赋,民有、民治、民享。从此,人民不再是独裁者遮羞的幌子,不再是王朝轮回中默默无闻的蝼蚁,而是国家真正的主人。从此,执政者不再是高高在上的占领者,而是谦卑的服务者,他们公平竞争,人民择优聘任。从此,政权更替不再刀光剑影,血雨腥风,而是人民节日的庆典。

大道之行,天下为公,三千年了,中华民族必将走出历史的三峡,走向现代文明。民主中国,就在我们这一代,绝不把责任推给下一代。

那是法治中国。立法民主,人民选出自己的代表。通过民主程序制定法律,代表最大多数人利益。没有统治者强加于人民的恶法,也没有纪律、规矩之名的法外之法。执法严明,人民选出政府执法为民,没有任何个人和组织凌驾于法律之上,也没有任何弱者在法律保护之外。司法公正,法官独立,除了法律,没有别的上司,以法律和良心公正裁判。

从此,法律不再是阶级专政的工具,而是公平正义的尺度。从此,法官不再是特权集权的刀把子,而是正义的守护神。从此,法治天下,所有权力都在法治秩序中,人民以法治为信仰,公平正义如大水滔滔。

那是自由中国。我厌恶权力横行,人性扭曲的社会。少数官僚决定13亿人信什么主义,说什么话语,听什么新闻,看什么电影。他们筑起高文化防火墙,隔离了中国与文明的世界。豢养数百万网监、网警、网评员,扼杀人民的声音。他们用数亿摄像头和大数据打造密不透风的监控网,使国人在权力面前,如同赤身裸体。他们还侵入人们的精神世界,焚烧十字架,拆毁佛学院,迫使本土新宗教流亡世界。

没有绝对自由,但这绝对不是恣意扼杀自由的理由。人类文明有普世的标准,那是写在世界人权宣言,也写在中国宪法里的自由权利,不能永远是一张白条。

我渴望一个自由的国度,没有权力怪兽横行的中国。我们有信仰自由,信什么宗教,什么主义是个人天性,权力不得干涉。我们有言论自由。没有大规模删帖封号,政治言论无禁区,再也不会有人因为表达政见而身陷囹圄。我们有公共参与自由。没有虚假的被操控的选举,没有“妄议”,每个人都有组党、结社、参与公共事务的自由。我们有个人生活自由。没有老大哥无处不在的眼睛,每个人在权力面前有隐秘、有尊严。自由中国,人民如春天蓬勃生长的嫩芽,托起古老东方重生的文明。每个人免于权力扭曲,活在真实之中,成长为最好的自己。

没有绝对的自由,中国人没有权利。可悲的是,有事找关系成了中国人的常识。每个国家都有不公平,而中国不一样。没有独立的司法,没有自由的媒体,没有不同的声音。反腐仍为统治者清除异己的官之道。中国最大的不公平是专制,一个特权集团垄断全部国家权力和经济命脉。高油价、高房价、高税收,处处盘剥。人民不堪重负,而盘剥者却说自己年年亏损。

我渴望一个公平、正义的国家,没有特权关系弥漫的中国。有受人民制约的权力,清白廉洁、当官不为发财而是为公共服务;有公平的教育,不分户籍、城乡与贫富,每个人都有平等受教育的机会。公立学校不分重点与普通,家长们免于择校的焦虑;有公平的择业机会,不分信仰、党派、性别,公共职位平等的向所有人开放,每个人不需靠权力关系,只需靠才能品德就能找到合适的位置,创造自己幸福的生活:有公平的养老,不分城市、乡村、公务员、企业,养老金与在职工资比例大体相等,最贫穷的乡村里的老人也有养老金足以过上体面的生活;有公平的医疗,不分官员、平民,大病免费医疗,再也不会有人因为生病而贫困。

公益中国,强有制约、弱有保障,各司其职、各尽其能,各得其所。从摇篮到墓地没有那么多愤怒焦虑,每个人脸上幸福的笑容,那是充满爱的中国。我厌恶戒备,冷漠,互害的社会,从小被教育不要相信陌生人。毒奶粉,地沟油,假疫苗,瘦肉精荼毒多年。人人带着厚厚的面具彼此戒备,看到老人倒在地上绕道走。每个社会都有人情冷漠,而中国不一样。这个国家的根基是阶级斗争,是兵不厌诈的枪杆子。包括国家权力与丛林,毫无底线,社会失去了良心的基石。唯物主义教化多年,人们的精神世界一片荒芜,而人心离弃了彼岸的精神世界,爱便成了无源之水。

我渴望一个充满爱的国度,没有恐惧记忆、阴霾笼罩的中国。一个有信仰的民族,敬天、爱人,头顶三尺有神明。相信生命同根,源自同一精神家园,也归向那里。在此世经历不同的角色为体验幸福,有差别,有分歧、有伤害,而没有魔鬼。我们沉入自己的角色悲欢,亦在高处回望地上的自己不同的抉择和不同的角色。没有仇恨,唯有慈悲。爱自己,修行此世,完美灵魂;爱亲人朋友,生命之爱,亦有感恩;爱陌生人,彼此微笑;爱仇敌,只有同情没有嗔恨、敌意与捆绑的灵魂;爱众生,万物之灵;爱生生不息的尘世。充满爱的中国,没有魔鬼,没有敌人,没有黑暗丛林。我们真诚、简单、善良,一张张干净的脸,澄净双眸,纯真笑容,那是我们重生的中国。

2000多年,秦之阴霾笼罩华夏。虽有唐宋复兴,近代的落后实属必然。中华文明重生的根在上头,那里有昊天上帝,有祖先丰美的精神世界,有春暖花开的中国,融入近代民主科学之潮流,重生为辉煌的东方文明。数千年来,人类不同族群沿着不同的道路走到今日的地球村,同一屋檐下精神世界巨大差异。基于不同宗教、文明的冲突已经出现。人类需要新的道路一起走向未来,这是中华的天命,上天留下这片精神旷野,为长出新文明。我们奉献给人类的精神食粮不是祖先墓地的竹简,而是我们这一代聆听的启示:在更高处认识自然,认识自己。这是上帝新的哲学信仰引领新文明时代,那是世人景仰的中国,中国一定会成为世界上最伟大的国家。那一定是专制结束之后,自由、民主的中国。13亿人共同发出激情活力,创造出世界上最发达的科技,最灿烂的文化,最繁荣的经济。我们有强大的军事,不会占领土地,掠夺资源,只为世上还有暴政与不义等待我们仗剑天涯。我们有最先进的思想文化,不靠强力推广,而是靠它自身的魅力吸引世界,传播四方。
“没有永远的朋友,只有永远的利益”以此为信条,做人一定失败,国家也一样。外交有互利共赢,更有道义担当,独夫民贼永远不是我们的朋友。对于那些至今仍在专制铁蹄下挣扎的人民,我们有责任伸出援手,帮助他们分享人类文明。这是道义责任亦是自身救赎。

20世纪,给我们身心伤害的国家,我们有勇气放下历史包袱。一个真正自信的大国不会永远沉湎于历史的伤痛,我们携手共创亚洲的美好未来;对于发达国家,我们有互利、有合作、有竞争,共同缔造自由民主世界新秩序。人们需要世界政府以维护和平,保护环境,救助灾害,探索外太空。

谁让你生在中国呢?对这个国家的爱是不需要理由的,那是上天根植于每一个灵魂深处的一粒种子。爱中国就要努力使她更美好。为美好中国我一生三次入狱:第一次。他们指控公盟一个从无盈利的公益机构偷税;第二次,他们指控我们推动随迁子女就地高考扰乱公共秩序;这一次因为表达美好中国的梦想,倡导大家做公民,我被指控颠覆国家政权。做真公民就是颠覆?践行他们的核心价值观,追求民主自由就是颠覆?唱义勇军进行曲,起来不愿做奴隶的人民就是颠覆?他们的政权何其虚伪荒诞,何等腐朽不堪。为自由、公义、爱,我以受苦为荣耀。我不相信谎言的流沙之上能够筑起民族复兴的大厦;我不相信强权与奴役是中华民族永恒的宿命;我不相信自由的春风永远隔离在高墙之外:我不相信漫漫长夜永无明日。30多年了,从暴风雪中狂奔的少年到黎明之前静待天明,我的人生走在同一条路上,这曲折坎坷的路延续了先贤的梦想。“美好中国”那是孙中山先生一生的奋斗与遗憾;那是林觉民写给妻子的痛心绝笔;那是林昭、遇罗克们以身殉中华的青春之歌:那是1989天安门广场上莘莘学子的泣血宣告。一个多世纪了,在通往现代文明的道路上中华民族历经坎坷磨难。如今神圣使命落在我们这一代人的肩上。

公民们,同胞们,世界潮流浩浩荡荡。东方文明重生之朝阳即将喷薄而出,三千年之大变局将在我们这一代完成。让我们以公民的姿态扛起来伟大时代,迎接春暖花开的中国!

Translation: Huang Xuqin and Wang Jianbing Inciting Subversion Indictment

On June 14, 2024, the Twitter account "Free Huang Xueqin & Wang Jianbing 释放雪饼" (@FreeXueBing)  posted a copy of the last two p...