【新唐人2015年02月17日訊】日前,中共中央是審議通過了公安改革方案,決定建立冤假錯案責任終身追究制,加強對刑訊逼供的源頭預防等。有外國媒體指出,中共此舉是想走出周永康的陰影。不過,有分析認為,在中國大陸,「上有政策,下有對策」的現象非常普遍,因此對相關政策不能夠抱太大期望。
2月15號,中共黨媒《新華網》報導稱,《關於全面深化公安改革若干重大問題的框架意見》及相關改革方案,已經中央審議通過,即將印發實施。報導說,這次改革共有七個方面的主要任務、100多項改革措施。
中共公安部負責人表示,公安執法不嚴格、不規範、不公正、不文明甚至權錢交易、徇私枉法等問題時有發生,將建立冤假錯案責任終身追究制,嚴重刑事案件訊問,將要求全程錄音錄影,並加強對刑訊逼供和非法取證的源頭預防。
中國憲政學者陳永苗:「它即使制定了這個決議,它會花很長時間,或者是拖啊,或者是有很大的阻力的話,慢慢的效果還是不那麼明顯。它會不斷的把這些技術上的要求壓在底層的民警身上。按道理,改革是改革最上層的,它不是,它一旦改革,它一定是把改革的成本往底層壓,其實司法不公,基本是來自上面的權力的干涉。」
湖北維權律師張科科向《自由亞洲電臺》表示,中共的司法改革往往出現「上有政策,下有對策」的現象。即使審訊有全程錄像,辯護律師也無法查看這些錄像,目前辯護律師查看卷宗都受到各種刁難,更別說查看全程錄像了。
廣東維權律師隋牧青:「不要期望有多麼好,只是看現實當中,落實的會怎麼樣,比如說律師的會見不需要公安批准,這麼多年了,都還是時常受到阻撓,削弱警權是中國司法體制改革當中特別重要的一環,現在警方的權力過大,怎麼制約警方濫用權力,改革當中,如果不能注意到這個問題,可能所有的看得不錯的措施,其實都沒有甚麼意義。」
英國廣播公司《BBC》中文網指出,中共當局這次推出公安改革方案,主要是希望能使中共公安儘快走出前中央政法委書記周永康時期的「貪腐黑」陰影。
據官媒《新京報》報導,中央政法委書記孟建柱1月20號在中央政法工作會議上,曾指控其前任周永康大搞權錢、權色交易,「帶壞了一批幹部」。孟建柱說,政法系統不僅要深刻反思周永康案的沉痛教訓,而且要徹底肅清周永康案造成的影響。
2月15號,《經濟網》也刊登《中國經濟週刊》一篇題為「央企,王岐山來了!」的文章指出,在周永康離開中石油後,他的家屬通過周在中石油的親信,仍可繼續享有中石油的巨額利益輸送。一位已退休的老中石油員工還透露,周永康執掌中石油年代,每頓宴請消費沒有低於10萬元人民幣,而且這樣的宴請幾乎每天都要發生。
大陸媒體也曾從周永康的施政而非他的貪腐對他提出批評,中共黨內知名自由派刊物「炎黃春秋」曾刊登法學教授崔敏的文章指出,周永康主管政法10年,中國法治建設大倒退,冤假錯案達到高峰。
文章還說,周永康與薄熙來互為表裡,恣意「黑打」和迫害律師,嚴重踐踏法治,尤其把「唱紅打黑」作為宣示薄熙來政績的主要標誌,顯著特點包括運動式執法、嚴重違反訴訟程序、限制辯護和懲治律師。
北京社會活動家胡佳:「大陸的公安,有句俗語叫『公檢法不作亂,社會治安好一半』,政法體系的人,他們要是犯罪起來,對公民權利的侵害是非常非常直接,非常非常嚴重的,因為他涉及到剝奪你的人身自由,甚至剝奪生命。他一邊可以大談依法治國,一邊又對你動用酷刑,我們真的不看好公安所出現的這條東西。」
胡佳向《自由亞洲電臺》表示,如果公安部有誠意防止冤假錯案和刑訊逼供,就應該對維權人士曹順利的死亡展開獨立調查,追究有關執法人員的法律責任。
採訪/朱智善 編輯/陳潔 後製/陳建銘
The CCP Announces Reform Plan Against Police Brutality
Under Zhou Yongkang’s Rule
The Chinese Communist Party’s (CCP) Central Committee
recent approved a reform plan for the public security system.
The plan will set up a lifelong responsibility framework
on injustice cases to stop police brutality in using tortures.
Western media commented that the move is to step out
of the shadow when the system is ruled by Zhou Yongkang.
However, analysts worry that “localities always have
countermeasures against policies” in China,
people should not expect too much toward the reform.
On Feb. 15, the Xinhua News Agency reported the approval
of “Suggestions in Comprehensively Deepening Reform
on Major Issues in Public Security System"
and a reform plan by the CCP’s Central Committee.
The document will be published and put to practice.
The report said, the plan set up seven major tasks
with over 100 reform measures.
A public security system spokesman said, currently
enforcement of law is not strict, standard, fair or decent.
Sometimes, trading power for money
and bending law for selfish ends also occurs.
Therefore a lifelong responsibility system
will be established for injustice cases.
Interrogation of criminal cases will also be required
to be videotaped.
The move is to stop police torturing and illegal methods
to collect evidence from its origin.
Chen Yongmiao, Chinese constitutionalism scholar:
“Even if the plan is approved, it will take a long time
to see the change and there can be huge resistance.
So the impact may not be significant
in a short period of time.
The reform plan will give more pressure on bottom-level
police with more technical requirements,
but a reform should happen from top to bottom,
rather than the opposite.
The CCP’s reforms mostly leave the cost
to the bottom level.
However, in most cases judicial injustice came
from interference of high-level party officials."
Zhang Keke, a human rights lawyer in Hubei,
told Radio Free Asia that the CCP’s judicial reform
frequently encounters the problem of “countermeasures
from localities against policies from the authority."
Even if interrogation is videotaped, defense lawyers
are still not able to see those videos.
Currently, defense lawyers have to overcome
many difficulties just to read case records.
It can hardly be expected that they will be given access
to videotapes.
Sui Muqing, Guangdong human rights lawyers:
“Don’t expect too much on this.
The key point is how the plan is put into practice.
For example, theoretically lawyers need no police approval
to meet his clients.
However, police interference is still often seen
all these years.
Restriction of police power is a key step in the CCP’s
judicial reform.
Currently, the police are given too much power
and power abuse has to be solved.
Without giving enough attention to this issue,
any reform plan that may look great can hardly be useful."
BBC Chinese website published an article commenting that
the CCP’s public security system reform plan aims
at stepping out of the shadow of “Corruption and Violence"
created by former head of the Political and Legal system
Zhou Yongkang.
A Beijing News report said that Meng Jianzhu, the incumbent
secretary of the Central Political and Legal Commission
(CPLC) accused Zhou Yongkang of massively trading power
for money and sex in a commission meeting on Jan. 20.
“Zhou’s acts infected many officials," said Meng.
Meng stressed that the CPLC staff must profoundly rethink
the lessons learned from Zhou’s case,
and further eliminate all negative effects brought
by Zhou.
On Feb. 15, China Economy Weekly website (ceweekly.cn)
also published an article titled “Central State-Owned
Enterprises, Wang Qishan is Coming!"
The article revealed that even after Zhou Yongkang
left the petro system, his family was still given huge profits
through Zhou’s followers in the system.
A retired PetroChina employee said that when ruling
the system Zhou almost never spent less than 100,000 Yuan
($16,000) for each meal party; furthermore, such party
was held almost on a daily basis.
Chinese media also criticized Zhou Yongkang’s ruling
instead of corruption issues.
Yanhuang Chunqiu, a magazine renowned for its liberty
inside the CCP, published an article written by Cui Min,
a professor of law.
Cui’s article commented that under Zhou Yongkang’s
10-year-long governance over political and legal affairs,
China had seen great retrogression in its rule by law;
the number of injustice cases peaked during the period.
The article further said, Zhou Yongkang and Bo Xilai
had conspired to recklessly persecute lawyers
in the name of “crackdown on gangsters,"
which is serious trample of the rule of the law.
Particularly, the “Singing Red, Fighting Black" movement
was advocated as Bo’s main achievements.
Cui’s article summarized the salient features
of Zhou and Bo’s governance such as “enforcing law
to serve political movements," “serious violation
of legal procedures", “illegal suppression of defense rights,"
and “illegal punishment of lawyers."
Hu Jia, Beijing social activist: “Chinese people have a saying,
‘The social order will be twice better if police,
procuratorates and courts stop unruly acts."
If an individual from the Political and Legal system
commits any crime, it will lead to direct
and very serious violation of civil rights.
The reason is, he has the power to deprive
freedom and even human life.
He can talk “rule by the law" and meanwhile
torture anyone.
That’s why we really don’t have much expectation
of this reform plan."
Hu Jia told Radio Free Asia that if the public security system
wants to show its sincerity in stopping police brutality
and preventing injustice cases, they should perform
an independent investigation on the case of human rights
activist Cao Shunli and further call involved
law enforcers to be held accountable for Cao’s death.
Interview/Zhu Zhishan Edit/ChendJie Post-Production/Chen Jianming