【新唐人2013年03月23日訊】浙江杭州律師王成，向中國最高法院提起訴狀，起訴人大委員長和人大副委員長的選舉「違憲、無效」。王成還要求，重新舉行選舉。他的起訴材料已經在本週一寄出，最高法院19號簽收了他的起訴，7天內，高院應做出是否受理的決定。目前，他在等待最高法院的回應。

王成對《新唐人》表示，提出這起訴訟案的理由是，按照中國現行的憲法規定，全國人大常委會的組成人員，不能同時擔任行政機關、審判機關和檢察機關的職務。

而人大在3月14號選出張德江為人大委員長，他當時仍然擔任國務院副總理﹔一同當選的五位全國人大副委員長，當時也都擔任行政機關和審判機關的職務：王勝俊是最高法院院長，張平是國家發改委主任，陳竺是衛生部長，萬鄂湘是高法副院長，王晨是國務院新聞辦主任。

王成：「中國憲法中規定，像國務院，中央軍委，兩高的負責人的任期，他說跟本屆人大的任期相同。這裡有一個問題，他可能會出現，當新一屆人大開會的時候，原來所有的人他的任期可能就到了。但是開會要開十幾天，到後面十幾天的時候才產生新的負責人，這意味著這中間有十幾天相關機構是沒有人負責的，這裡面可能會形成權力真空期。」

雖然全國人大做了補漏工作，張德江、王勝俊、張平、陳竺和萬鄂湘在當選之後幾天內，分別辭去了原來的職務。但王成表示，「人大」作為國家最高的立法機構，出現這種「違憲」現象，令人不能容忍。他作為一個公民和律師，有義務站出來維護憲法尊嚴。

王成：「第二個，我個人希望推動中國憲法司法化的進程。讓更多法院判決得到體現建設一個真正的憲政法治國家。第三個，我是希望能引起整個社會的重視和討論，能夠提升憲法在國家中的地位。」

王成希望推動修改憲法，完善憲法。他認為，在中國，因為《憲法》從未在公民維權的司法實踐中得到充分應用，大多時候《憲法》只是停留在紙面上，是一只起著裝飾效果的「花瓶」而已。他作為一名律師，願意去推動國家完善制度、法制，而政治權利也是公民其他權利的保障。

王成表示，這些年來，他也參與或發起很多公民權利運動，因此工作上受到很大壓力。

王成：「因為這些年我也參與或發起過一些活動，比如不買房運動，還有千萬公民大聯署廢除勞教活動，另外，我也組織過人大選舉律師觀察團，我自己也起訴過選舉委員會，我自己也參加過人大代表獨立選舉，我也向財政部申請過財政信息公開。後來我也起訴了國務院。我兩次起訴國務院，現在都沒有得到答覆。」

2011年9月，王成跟原來的律師事務所合同到期，對方不予續簽。隔年2月，他與另一家事務所簽了合同，但是後來新簽約的事務所，也因為承受當局給予的壓力，違反合同，沒有讓王成去上班。

王成試圖申請開設自己的律師事務所，又因為種種原因，手續辦不下來。

王成表示，他在網上公開他的起訴內容之後，他的兩個微博帳號已經被刪除。

他還表示，在現實生活中，一些官員或明或暗的限制或剝奪公民的政治權利。而政治權利是基礎性的問題，很多公民的權利需要國家機關來保障，如果公民對國家機關沒有監督、制衡，相應的，自己的權利也不能得到保護。

王成認為，最高的維權就是政治維權。

採訪編輯/秦雪 後製/周天

Chinese Lawyer Suing NPC’ Election of Heads

Wang Cheng, a lawyer from Hangzhou, Zhejiang Province,

has filed a lawsuit to China’s Supreme Court,

calling the heads’ election by National People’s Congress

(NPC) “unconstitutional” and “invalid.”

Wang has also requested a reelection to be held.

His claim was received by the Supreme Court on Mar 19.

The court will make a decision on whether to accept

the case in seven days.

Currently Wang is still waiting for the response

from the Supreme Court.

Wang Cheng told NTD that he filed the lawsuit

according to China’s current Constitution.

The latter requires the NPC’ standing committee members

to not hold office in any administrative, judicial, or procuratorial institution.

However, Zhang Dejiang served as a vice premier,

when elected as NPC’ standing committee chairman.

Plus, five other NPC’ standing committee vice-chairmen,

now elected as well, are in a similar situation.

Wang Shengjun was chief justice of the Supreme Court;

Zhang Ping was director of the National Development and Reform Commission;

Chen Zhu was health minister;

Wan Exiang was vice president of the Supreme Court;

Wang Chen was director

of the State Council Information Office.

Wang Cheng: ”According to China’s Constitution, for heads

of the State Council, the Central Military Commission,

the Supreme Court, and the Supreme Procuratorate,

their terms in office should agree with that of the NPC.

This creates a problem here. When new NPC session starts,

those former officials should leave their posts immediately.

However, their successors will not be designated

until over a dozen days later.

Thus no one is managing those institutions in the time gap

and there may be a power vacuum in between.”

The NPC has made remedy moves afterwards.

Zhang Dejiang, Wang Shengjun, Zhang Ping, Chen Zhu,

and Wan Exiang had resigned from their former positions, days after being elected by the NPC.

However, Wang Cheng remarked that it is unacceptable

for the NPC to violate the Constitution as China’s supreme legislative body.

As Chinese citizen and a lawyer, Wang said he has a duty

to stand up and protect the authority of the Constitution.

Wang Cheng: ”Besides, I personally expect to push forward

China’s constitutional judicature by doing this.

I hope our nation can become a real constitutional state

where the court decisions play more important roles.

In addition, I also want to call for attention and discussion

from the whole Chinese society.

This will help promote

China’s Constitution status.”

The lawyer is also expecting

improvements of China’s Constitution.

Wang remarked, the Constitution was never implemented

to the full in juridical practices of protecting citizens’ rights.

Most of the time China’s Constitution is only an “ornament”

for good look rather than using it in real practices.

As a lawyer, Wang said he was willing to promote changes

to China’s legal system, as any civil rights are safeguarded by their political rights.

Wang also spoke about how he had been involved in many

civil rights activities these years, which had brought a lot of pressure to his career.

Wang Cheng: ”These years I have started or took part

in many activities, like “Refuse to Buy House Movement,” and the joint effort to abolish the labor camps’ system.

I set up a lawyers monitoring group for the NPC’s election,

sued its electoral commission, and attended the election as independent delegate candidate myself.

I also requested that the Finance Department

makes the financial information public.

Lately, I also sued the State Council.

I sued them twice and received no response.”

In September, 2011, Wang Cheng’s contract with his former

law firm expired and he was refused a contract renewal.

In February, 2012, he signed up

with another law firm.

However, that firm failed to honor the contract,

being under pressure from the authorities.

After that Wang Cheng tried to open his own law firm,

but could not get a license for that.

Wang Cheng revealed that his two microblog accounts

were deleted after he published there about his lawsuit.

He further remarked that in reality some officials deprive

citizens of their political rights, either publicly or secretly.

However, the political right is a very fundamental issue,

and it needs to be protected by the national institutions.

If the citizens have no supervision over those organs,

and fail to build a “check and balance” system, accordingly their rights will not be protected.

Wang Cheng believes that the highest level of protecting

civil rights is to protect citizens’ political rights.