Translation of First 34 Pages of Kong Lingping’s Rightist Memoir “Blood Chronicle” By One of the Long-time Prisoners of Mao Zedong

[Just added another twelve pages.]

The selection translated describes Chongqing University at the outset of Mao’s Hundred Flowers campaign that aimed to persuade people to speak out freely. Kong Lingping’s 孔令平memoir was published in CD in Hong Kong and as a book in Taiwan.

Below is an English translation of the first 34 pages of “Blood Chronicle” 血纪 You can find the Chinese text at www.bannedbook.org/download/downfile.php?id=224

上 集血纪

第一章:陷入阳谋的初生牛犊

Blood Chronicle Book One

Chapter One The Newborn Calf Falls into the Trap of Openness

In early April 1957, it already felt like Spring on the Chongqing University campus. At noon one day, the student restaurant loudspeakers blared an announcement from the university party committee — This afternoon at two o’clock, all university students, teachers and staff will hear the chairman of the university party committee pass along an important document from the Central Committee. Bring your own stool. Don’t be absent.

Then a song about the beauty of the four season by Zhou Xuan was played. I took my lunch and walked out the west side of the restaurant. On the steps, my classmate Ma Kaixian was eating her lunch and sunning herself.

This afternoon we will have to listen to another report. Which one of us is bringing the stools? I asked.

She turned towards her face, slightly reddened already by the Spring sunlight answering, Of course, that’s your job. I’ll wait for you here. Then she flicked her pigtail towards me mischievously and made a face.

I passed the Chongqing University Mechanical Engineering Department entrance examination in 1955. Life in college was much different from high school. We didn’t have any one classroom but followed a schedule moving from classroom to classroom. We chose out seat when we arrived and then left as the end of that class. There was no set place for self-study and review work. Apart from going to classes and studying late in the dormitory, students took their book bags and their things to study in the library or in classrooms. Life was much freer than in high school. Having been in the school for two years, I knew all the good places to study and every corner of the campus.

Ma Xiankai and I chose an old building near the pine forest back gate to the school. Most of the chairs and desks were missing; most people didn’t go there. It was quiet, pine trees were all about and the air was especially fresh. In those days, we had just fallen in love and enjoyed having a quiet place to study together and discuss things where we would not be disturbed. We repaired two desks and chairs ourselves and nailed together two stools that we could take wherever we liked whenever we attended a meeting or an outdoor film.

That afternoon, we heard a recording of Mao Zedong speaking at the Eleventh State Council meeting on The Correct Handing of Contradictions Among the People. When the meeting started, the university party committee secretary Zheng Siqun at the microphone announced that we would not be allowed to take notes. He enunciated the instruction very clearly, stressing each word, so that we knew that this was a rule that must be obeyed. Mao Zedong’s difficult Hunan accent added to the noise on the recording made listening difficult. However that were many things on the recording that we had never heard in our political studies that made this special. This freshness added to university president Zheng’s stern instruction, made for a much different atmosphere than before.

In those days, everyone was respectful of this top leader of the party and state. Although the recording was long, repetitious and disjointed yet order remained good and everyone on this ten thousand square meter meeting place listened from two o’clock in the afternoon until 6:30. There was very little talking back and forth and nobody snuck away. I remember to this day listening to that leisurely Hunan drawl as he talked about Khrushchev and the 17th Congress of the Soviet Communist Party, about the events in Hungary and Poland, and about the situation in Eastern Europe. During those days, the History of the Communist Party of the Soviet Union was a required course as part of our political training. Students of engineering and science, and in particular those of us who were the children of counter-revolutionary households were not interested in delving deeply into that curriculum. This even though the secret report to the Twentieth Congress of the Communist Party of the USSR, after it was revealed to the world by the CIA and had created a series of earthquakes and divisions in the communist camp, had not made an impression on us.

Ever since my early youth I had been cursed by the tag of being from a counter-revolutionary household. Just hearing about counterrevolutionary riots and their suppression made me feel worry that I was going to be put into a difficult position and suffer for it. In my freshman year, I had run into the movement to fight the Hu Feng Counter-revolutionary group. Every time I heard that fearful label in my ears, I didn’t dare ask Why did Hu Feng want to oppose the revolution? I would simply repeat the dry statement that the Communist Youth League person had given us and never went any further. When I started Middle School, my father was arrested. Caught up in a long series of red terror movements, I always remembered my mother’s injunction Don’t be like your father, don’t ask about politics, just be a good student and discover your talents. That is the only thing. Don’t say anything about anything else, child. Remember the example of your father.

As for the Soviet Union, all I knew was that the socialist camp is impregnable. Nothing is stronger. Communism cannot be defeated. The Communist Party will destroy all the plots of the imperialists.

That day however, we heard from the very lips of Mao Zedong himself that we must opposed personality cults and the hero-worshiping of individuals. We heard that person from Hun an say that the the good deeds and errors of that deified figure Stalin himself were in the ratio of three to seven. That very head of the Soviet Communist Party who had been praised as the leader and father had become an ordinary man who made mistakes! We for the first time heard a new theory, to wit: Serious errors of subjectivism, bureaucratism, and factionalism exist even within that sacred and paramount institution — the Communist Party. There had been strikes and demonstrations in the socialist countries of Eastern Europe because their communist parties had been unable to resolve contradictions among the people. That There are many contradictions among the people, some of them quite serious at times We need to use the methods of criticism and self-criticism, democracy and persuasion to resolve contradictions among the people. The academic world should rely on as its guiding principle the method of Let a Hundred Flowers Bloom, Let a Hundred Schools of Thought Compete. Speak out freely and fully and write big character posters.

These principles, like a fresh rain, encouraged all the students since they had been chilled by a steady succession of political campaigns. I noticed the teachers in the front row straightening up and concentrating.

After the meeting was over, the students started vigorous discussions. Some of the students at the student restaurant even launched into a vivid description of Khrushchev secret report to the Twentieth Congress of the Soviet Communist Party that had been stolen by the CIA.

The library’s copy of Reference News and other publications that had published this report were all taken as everyone fought to read these materials and from them ponder just what was going on in China.

My lover and I were no exception. In the little study room we had made for ourselves we discussed it. An intellectually stimulating Spring had come upon us!

第一節:“大鳴大放” Section One “Speak Out Boldly, Holding Nothing Back”

Two days later, a banner Let a Hundred Flowers Bloom, Let a Hundred Schools of Thought Contend in big red letters hung from the education building.

Then all the Communist Party, Youth League, Teachers and employees of the university participated in a meeting held at the auditorium on Pine Hill called Help the Communist Party Correct its Working Style speak out boldly meeting led by the Chongqing University Communist Party Deputy Secretary Song Dianne. On the buildings around the meeting place there were already hung all kinds of colorful slogans such as Correctly distinguish between the two kinds of contradictions and handle correctly contradictions among the people; mobilize the masses in a mild and caring way to help the Party conscientiously correct problems in its working style; oppose subjectivism, bureaucratism and factionalism; Speaking out is not wrong, listeners should heed the warning, talk about anything you know about and don’t hold anything back.

At that mobilization meeting, Song Dianbin spoke in an unusually mild and sincere way. To express the attitude of the school party committee, he pounded on his chest to pledge that as he led this meeting, he would be open-minded as he listened to everyone’s opinions. He said he would accept any criticism, no matter how pointed.

The day after the mobilization meeting led by Song Dianbin, another big speak out boldly assembly of the entire university was held on the Unity Arena. All the top university leaders spoke out, welcoming everyone and asking everyone to share their views and to hold nothing back. Following them spoke the members of the mobilization committees of the various university departments, years and sections. They got into some detail and urged the entire university teachers, staff and students not to avoid any topic.

At the same time, the national media was getting into high gear, repeating constantly The entire party and the entire people are taking active part in a big speak out boldly debate. The movement to correct the working style of the Communist Party is the the most urgent current task facing us all and that it was particularly important that democratic elements outside the Communist Party participate more actively in helping the Communist Party correct its working style. The authorities employed slogans like a Chinese Communist must be determined to make themselves of one heart and one mind with the people, and work together with the people to build a prosperous New China and to be honest in working together with the people of the democratic parties build prosperous coexistence, to supervise one another, and to cooperate with them as one.

After reading some representative statements from the discussions at the meeting of all the democratic parties and democratic elements of the country convened by the Central Committee of the Chinese Communist Party, such as Chen Mingshu’s Seeking Teachers and Friends Outside the Party. I thought that Chen Mingshu’s talks was just flattery of the Communist Party. In particular, the part where inspired by the old saying Among any three people, at least one must be my teacher, he suggests that the Communist Party itself should also seek advice from people who are not party members, which is nothing more than what Mao Zedong himself said. Huang Shaohong’s talk The Party Replacing the Government touched on an extremely sensitive issue of the leadership of the Communist Party. He said while the Party is certain to be concerned about the methods of governance, actually doing everything itself is not a good working style or a good method. It would be strange indeed if the Party trying to do everything did not lead to the ills of subjectivism, bureaucratism and factionalism.

Moreover, Zhang Xiruo discussed the problem of the Communist Party’s four major deviations — being overly ambitious for great achievements, being too eager for quick successes and accomplishments, despising the past, and having a superstitious anticipation of a great future These opinions were offered to Mao Zedong as part of taking the pulse. Didn’t Mao Zedong earnestly call for everyone to present their opinions without reserve? Who could have predicted that Mr. Zhang’s words diagnose Mao Zedong’s mental illness and sensitive taboo?

Zhang Bojun in his talk on A Political Planning Institute suggest that many people should work together on political planning. That four humble workmen putting their heads together can plot a great strategy — is that what Mao Zedong had told us many times in his talks? Didn’t he call for a hundred flowers to bloom? Isn’t calling for a Political Planning Institute just an enthusiastic response to his call?

As for Chu Anping’s The Party Controls Everything made a sensation. The idea grew out of the old joke about the young monk who was always praising the old monk. The Party Controls Everything is just calling a spade a spade, not the servility of Chen Mingshu and speaking more directly than Huang Shaohong about the tyranny of the Communist Party, something that had the Chinese Communist Party’s allies had expresses dissatisfaction with that year.

How could university students under the control of red terrorism understand the world struggle between autocracy and democracy that was underway? Isn’t it a fact that the Communist Party was always deceiving people in matters both large and small? Wasn’t it true that those weak voices against one party rule were saying the same views that the Communist Party had strongly held back when it was fighting the rule of the Nationalist Party?

Luo Longji is his Rehabilitation Committee proposal showed how under the rule of the Communist Party there were a great many injustices. Who was not aware of that, especially people who had been attacked on account of their families? From the perspective of the ruling party, correcting mistaken and unjust cases should be a right and proper correction to make and a forthright opinion to offer.

Now these people who brought up these views and human rights were the old friends who had supported and helped the Communist Party. Mao Zedong himself had acknowledged that without their support, the Communists could not have won. Most of what they said were views that the Communist Party itself used to propose and hold. Now these views, from the perspective of a governing party, were hindrances.

Now the strong anesthetic injection that The nationwide large scale class struggle storm had passed and the new period of peaceful construction has arrived and so the atmosphere of fear generated during the campaigns of the Three Oppositions (oppose corruption, waste and bureaucracy) and Five Oppositions (oppose bribery, tax evasion, theft of state property, cheating on government contracts and stealing) and the campaign against the Hu Feng counter-revolutionary clique had dissipated. Now it seemed that the big democracy of Europe can be used and the mild methods of little democracy can be applied to solve problems.

This is how as the spring flower blossoms opened during the third lunar month of 1957, Mao Zedong spread a deceptive fragrance throughout the country. In the lines of the relaxing tune Correctly Handle Contradictions Among the People describes how under the leadership of the Communist Party the masses made trouble for which the magnanimous Communist Party blamed itself, humbling bowing low as it accepted the criticisms and suggestions of the masses. The Party is like a glorious democratic spirit which for the sake of the state and the people came to the campus to plant a cultivate the beautiful scene of the hundred flowers blooming. The spring is the season for planting. The spring is just the season for showing the wonderful image of the Creator.

We who had already lived for seven years under the red terror of the Chinese Communist Party breathed sighs of relief and felt that in the midst of our fear we have been given an unexpected favor. We had become accustomed to the loss of democratic rights and always felt very cautious about freedom of speech, for hadn’t the Hu Feng counterrevolutionary clique made that error only a few months earlier?

They were used to have the great matters of state being taken charge of by the party’s policy and the governance of the school to be handled by the school’s party committee. So they never thought about those things. Moreover they were afraid of being tagged as someone who came from a counter-revolutionary household or as someone who had counter-revolutionary thoughts, of being investigated, and so kept their distance from these things.

Everyone knew from the Hu Feng case that anyone who listened to foreign broadcasts could be convicted of treason and jailed so nobody dared to listen to them. Conversely, they thought that this dictatorial measure of the Chinese communists was right and proper and that democratic views were dangerous. They became so cowardly that even when their own relatives were condemned unjustly in some campaign that they didn’t dare to speak up for them, thinking that making use of their right to appeal would get them into dangerous territory and so simply gave up. They didn’t dare oppose the arrogant attitude of the Communist Party organization.

Therefore when the party branch organization urged them on, they will unwilling to say anything at the speak out meetings. What did they expect these students of science and engineering to say? They could perfectly well have a passionate debate about some technical issue. They never expected and never imagined that they would be expected to offer advice to the party

In order to find out how the various speak out meetings were going, the branch party secretary called a meeting of the branch youth league secretaries for each year and each class and gave out a notebook to each one of them. He admonished them to be ready to make notes on the meeting of the next day, including the names of all the speakers. They were told that they must turn in the notebooks to his office every evening before lights out.

Not only did the youth league branch secretaries for each class not understand the intention behind all this, their liaison branch party secretary did not know and was just following the directions of the school party committee. The secrecy of the Communist Party was strict and so when the Party center decided on a policy, it required organizations at every level to carry out the policy as stated. They weren’t allowed to ask why!

The speak out meeting of our class was held by the branch youth league secretary Chen Si, in his room, No. 204. In those days there were very few student members of the Communist Party. Among the 1300 students in our department, there were only a dozen or so party members. This meeting in principle should have been chaired by a party member, but on the class level was convened instead by the youth league secretary.

Chen Si didn’t known how to conduct this kind of meeting which was strictly required by party policy. He didn’t know what to do and was afraid of making a mistake if he didn’t do it right, but he didn’t have any idea of what was correct and incorrect. The sophomore political guidance instructor, a Mr. Deng had previously in that same room had called a series of meetings with several people who didn’t know about other meetings on the same topic so as to root out and criticize the Hu Feng counter-revolutionary clique. Then, a teaching assistant said that Study is a matter of fighting alone with all one’s might and so was marked as a Hu Feng element. Later that teaching assistant was sent to away for re-education through labor.

Chen Si had no idea of why it was wrong to say that study is a matter of fighting alone with all one’s might. Where is the mistake in saying that? He himself had seen that teaching assistant being taken away in the prison van. From then on, he was especially on his guard whenever he met party members.
Normally when he conducted political study sessions for his class, he first made close notes of the talk the branch party secretary for their year Cao Ying gave them and reproduced them exactly, never daring to stray from them in any way.

That was not even a year ago. The brutality in political instructor Deng’s voice still rang in his ears. Suddenly everyone is asked to think broadly and told that it is allowed to say anything. People don’t understand that at all.

Chen Si made his opening remarks according to the notes that he had made at the department meeting. Class leader Guo Yinghu opened the meeting record book. The first day’s discussion was cautious, not at all like the vigorous discussions the students had had in the library and restaurant.
This worried Chen Si. How could he present a record of this meeting of the dumb to the school’s party secretary. There was no alternative but to use the old method of political meetings and call on people one by one.

Everyone simply gave a response in line with Chen Si’s opening remarks. Although Deng Yinghua made some revisions for the sake of the record, they were not significant, mere changes in phrasing. If he were to present this record to the school party secretary, he would certainly be criticized. The meetings of all the classes in the department went just the same way. The school party secretary then demanded that the youth league secretaries for each branch think of ways to get people to speak from the heart.

Chen Si returned and called a meeting of the branch committee of the youth league branch. The Propaganda and Education Committee member made a suggestion, volunteering to ask the ordinarily outspoken Lin Juan and Liu Tang speak first. Let them present suggestions on the work of their youth league branch. Organization Committee member Liu Kuize suggested that the person that Lin Juan most despises, Lei Tianpei speak first, then have Lin Juan make a response. This would enliven the whole atmosphere.

This plan was carried out at the next day’s speak out rally. Lei Tianpei spoke first and stopped after saying just ten sentences. Naturally this led to a sarcastic remark from Lin Juan, saying he was just like a poor quality tape recorder and not at a like a real man should be like. Surprisingly, she moved right on to attack class leader Guo Yinghua felt compelled to say that she was really too simple minded and harsh in her attitude. Moreover she was too subjective in the way she organized class activities, just doing things the way she pleases. For example, she said she was going to organize trips but we are already two months into the semester and we haven’t been on a trip. Another class, number five, had already gone on a trip to Longevity Lake and to Dazu — they went on a trip every week. She said she hoped that Deng Yinghua would change this incorrect work style.

Guo Yinghua face flushed red and then went pale for a moment. She put down her notebook, and didn’t know quite what to write in her notebook. She wrote this Lin Juan statement: Criticizes Deng Guohua class leader for inflexible thinking, she has the flaws of subjectivism and dogmatism, she is inflexible in her organization work and must improve.

After Lin Juan dropped her bomb, Liu Tangjin followed up but citing an example to criticize Guo Yinghua’s bureaucratic working style. He said, Last year, in the principles of mechanics class when we discussed gears and we still were not clear about the way a gear transmission shifts upwards and downwards and though that Teacher Lin was moving a little too fast, and asked the teacher to add some additional material to work on in the self-study class, only Guo Yinghua opposed, The self-study class is for self study, digestion of the material on one’s own, and there is no need for the entire class to meet and have a supplementary class on a small matter. This individual subjective view blithely contradicted everyone else’s views. Isn’t is clear that this is subjectivism, that this is dogmatism.

For the sake of being in line with the speak out boldly theme, Liu Tang put two hats on that class leader who was not even twenty years old. Deng Guohua was not a party member and seemingly had nothing to do with helping the Party correct its working style. Although it was off topic, still it made for an argument and everybody brought up a wide range of opinions and so became a genuine meeting for reviewing how democratic their community life had been.

The speaking out boldly of the science and engineering students was confined to those class leaders who they were in direct contact in their daily lives and studies. Chen Si and Deng Yinghua who were not even twenty, not to mention the beloved and well respected school party secretary Zheng Siqun, had no idea what the Party Center’s intention behind all this really was.

Big character posters pasted on campus wall stirred up the quiet campus. I remember the first big character poster put up in the mechanical engineering department. That poster, in polite language, aimed to give a word of advice to Cao Ying. Cao Ying was the class party group leader and a member of the organization committee of the party branch of the department. He was a cadre transfer who had been sent to the department by a certain organization. Although he was ten years old that us naive students but she had no better than an elementary school education and was already the father of two children. He had been sent to the university from the bureaucracy to brush up his resume.

There were many cadre transfer students in the department, much older than the other students who wore the hats of both party members and officials. In the early period after liberation, in order to change the composition of the intellectuals by placing among those students who had been born into the oppressor class some students of peasant and worker backgrounds. That is how the cadre transfer students came to the university campus. It didn’t matter whether they could keep up with the classwork, what mattered was that they spoke up for the interests of the Party and criticize people who had poor class consciousness. Everyone was a little afraid of them.

The person who posted the big character poster, blended sarcasm and irony with humble words that he hoped he that this campaign would wash him thoroughly. However he also hoped that the pretentious people who were criticizing him would study more mathematics and mechanics so they wouldn’t get a zero on their graduation examination and in the future work disappoint the Party’s hopes in them, and so make it hard to achieve the goal of serving the people.

Some with the poor educational background of Cao Ying might not necessarily catch the meaning.
Then came a second poster, a third and then many more. Cao Ying already had a bad reputation among the students. He was thought to take advantage of political examination and a private conversation to often take liberties with beautiful young women who had just entered the university.

During the speak out boldly period, the most controversy surrounded the poster about the head of the university food service. It was said that this 40 some son of north China peasants left the village to fight with the revolutionary forces for several years reaching the rank of company commander. After his return to civilian life, he was assigned as head of the food service at the university. There is no need to get into all the details of what was said during the speak boldly sessions. What got the whole school set aflame was the story of the diseased pork.

Nobody knows where section head Zhang bought several hundred fat pigs, but the next day a big epidemic started on the Chongqing University food service pig pens. After pigs died, they were sent to the student restaurants. The students ate diseased pork without knowing it.

The big character poster about section head Zhang that went up during the speak boldly period made him very ashamed of the diseased pork incident. He couldn’t explain from just which illegal merchant he bought so many diseased pigs. Nor could he explain why he used what he knew where diseased pigs to poison three thousand university students.

Section head Zhang was an old party member and had served in the Eighth Route Army. After he did this evil deed, he became a target of criticism as corrupt official and a murderer. The guilt made him sleepless for many days and nights. He always walked around with his head down.

It seemed as if students’ force of public opinion and ability to criticize people orally and in writing was sufficient to keep a watch over bad working styles within the Communist Party. This student movement resembled the student protests many years later in Indonesia and South Korea. Chinese students had an honorable tradition of protest going back to the May Fourth Movement. However, the tyranny of the Communist Party fostered ignorance and blind hero worship among the students so that they were unable to make reasonable objective judgments.

Section chief Zhang had a backer in Song Dianbin, who was concurrently the university deputy party secretary and university personnel department chief. Song for years had been fighting counter-revolution; fighting in the campaign against corruption, waste and bureaucracy; fighting in the campaign against bribery, tax evasion, theft of state property, cheating on government contracts and stealing; and fighting the Hu Feng counter-revolutionary clique. He always played the role of backstage director in these campaigns. If one were to search for someone who had committed the errors of bureaucratism and subjectivism, not to mention making up charges of murdering someone, he would be the one to choose. The section chief Zhang case came to roots on the head of this man who was used to being the stage director for accusations against others.

However, all the big character posters that went up were in line with policy and did not go outside the box of criticism. The meaning and usage was clearly aimed at seeing people as good and needing improvement. However in the cartoon drawn by the great cartoonist Lin Yusen, director Song became a short and fat fellow with his ears pointing backwards. The cartoon portrayed him going to work everyday, putting his bare feet up on the desk, drinking tea and smoking with a bunch of scattered documents that he had just approved. Some doggerel accompanied the cartoon that said that Secretary Song drinks tea and smokes in the office every day, approves documents hastily, and his not concerned abut the health of the faculty and students. We hope that he will conscientiously change this during this campaign.

Another kind of big character poster criticizing the Party and the Communist Youth League was concerned only their lifestyles and working styles. Sometimes a big character poster would say that professors should govern the school or criticizing the arrogance of the Party committee would appear. Some would criticize the way that elections to the People’s Congress were handled entirely by the party committee or the sufferings of innocent people in previous political campaigns. These posters were cautiously worded, were few in number and lost amongst the sea of posters that confined themselves to criticizing lifestyles and work styles. Later some posters appeared criticizing the behavior of some personnel at the USSR Embassy, Soviet military advisers and consulate personnel who harassed and acted aggressively towards Chinese female hosts at Chinese sponsored dance parties including forcibly kissing them.

Most of the students at Chongqing University were studying science, engineering and technology. At that time, about 80 percent of the students came from families of the oppressor class. Ever since liberation through the anti-landlord movement, the killing of local despots, the three opposes and the five opposes movements, and other movements against counter-revolutionaries, and atmosphere of fear had spread across the entire country. These people stained with an oppressor class background were the targets of these movements. Although they were temporarily in the majority of students at the university, the weight of public opinion against them they already felt as considerable moral pressure.

As someone from a counter-revolutionary household whose father was still in jail, I already felt more pressure than I could ever express. Therefore, I respected and feared politics like it was some powerful spirit and saw myself as a first class dwarf. That feeling of being deeply branded with my class filled me with a purposely created dread. I often thought of my mother’s warning Above all, don’t get involved in politics, you should generally avoid discussing national affairs. Therefore I decided to be a student of science and engineering. I thought if I could grow up to become an ordinary citizen, I would be doing well.

Our caution about politics made many of us children blind and cowardly about politics.
Mr. Dong Shiguang came back from the USA to teach at Western China Normal University. He spoke during a speak boldly meeting. Dong compared China and America including the systems and living standards of the peoples to explain his central point that the Communist Party was acting arbitrarily and dictatorially in its governance of China. Chongqing University invited him to come and talk to the entire school in a kind of democracy salon speech. His speech opened up the world and critical thought to those of us who had grown up amidst the traditional education of the Chinese communists and in the closed world of the university. But I didn’t attend.

Ma Kaixian went. When she got back she told me about it, clearly moved by what she had heard. She said: Mr. Dong compared the two systems using concrete examples. For example, he said that in the USA the students and faculty can bring questions about school facilities, the curriculum, and even the salary of teachers to the school’s board of directors. The board must respond to them. Reasonable suggestions are accepted and carried out with a certain period of time. Moreover, the U.S. government must abide by the U.S. Constitution and respect everyone’s opinion. Everyone has the right to criticize the government and can through their elected representatives impeach government officials etc.

In fact, I had already read of such things in publications and digests. However, I had been taught by the Chinese Communists the distortion of the truth that In capitalist society, democracy and freedom is the democracy of people with money. The oppressed classes live in slavery even worse than the treatment of cows and horses. This, combined with incessant political campaigns, had associated in my mind that worshiping America and fear of America are great counter-revolutionary crimes.

Throughout the period of speaking out boldly I was still caught up in my own foolishness and ignorance. I brought from my class background congenital inhibitions and cowardice that closed me up. I didn’t dare think for myself. Ignorance divorced us from the course of world events and the progress of civilizations, it made us lose our understanding of what a democratic society was, and we lost the motivation to live an authentic life.

Inhibitions re-enforce ignorance and ignorance re-enforces constraints.
The speak out boldly movement made us aware of our long held inhibitions and ignorance. We began to feel that we are pitiful people who have been kept in our ignorance and inhibitions for a long time. Keeping us there was the basic ideological guarantee of Mao Zedong’s dictatorship. Otherwise, Mao Zedong saw democracy as a great scourge that must be wiped out wherever it rears its head. If not, then how, during his lifetime could it have given birth to one political movement after another? Mao’s totalitarianism did not realize that once Chinese people understand their pitiful state of inhibition and ignorance, then dictatorship will be hard to maintain.

We young and isolated students didn’t realize the speak out boldly was just the opening of an ideological campaign that would be storm much larger and broader than the Oppose Hu Feng campaign. Hearing the solemn promises of every level of Party organization that the Let a hundred flowers bloom policy meant that people may speak out freely without fear of retaliation would in the end put those who spoke out into handcuffs and into prison!

It wasn’t until after Tian Tianrong at Beijing University painted a big character poster calling for democracy and freedom, Lin Xiling spoke out at Beijing University about the grievances of Hu Feng, and Feng Zhujun at Sichuan University called for democracy and freedom that finally at Chonging University a metallurgy department student youth league secretary Pu Shiguang put up a big character poster signed editorial board of an appeal on behalf of non-youth league members on behalf of students who were not youth league members and came from a household with a bad class background opposing the theory of the unique importance of class origin.

Even so, university students throughout China still hadn’t managed to escape from the box of ignorance and inhibitions and so didn’t overstep the ideological bounds set by the Chinese Communist Party. Tan Tianrong’s poster ended with the words Long live the Chinese Communist Party and Long live freedom, democracy and reasonable human rights and Lin Xiling’s call for democracy was still for socialist democracy. These kinds of calls made under constraint, this making peace with the cage communist theory did not move Mao Zedong one bit.

Mao Zedong, already swept up in the superstition of his own dictatorship, was just carrying out a big plot in plain sight — an open plot to wildly brandish the butcher’s knife against democracy. Even Pu Shiguang, with his minor point of opposition in opposing the unique importance of class background did not escape the cruel repression. Pu Shiguang was convicted of the crime of organizing a counter-revolutionary group, arrested, jailed and sentenced to 20 years in prison. This even though the so-called editorial board of the appeal on behalf of non Youth League members consisted of only one person — himself.
KongLingping p15 translation continued.wenlin

p. 15

Section Two My Youth

With the “Liberation Amy” occupation by the end of 1949 of Chongqing and the Southwest came the “democratic reform” movements, the purging of bandits and oppressors, land reform and the Three Opposes and the Five Opposes movements. In 1951 came the large-scale movement to repress counterrevolutionary activity and the capture and murder of millions of people who had served the Nationalist government.

In 1950 I was twelve years old. I often went to the mass rallies to struggle the landlords that were held in neighboring villages. Some of the people who were struggled were still only children. They were forced to kneel with uncovered knees on scraps of iron. Both of their knees bled badly. I couldn’t bear to look at them. The public judgment meeting was led by a commission of military officers. These meetings were held more than once a month in the little town I lived in. Each time some people were executed. On the wharf by the side of the Jialing River at Beibei was enacted the last scene of each judgment. People were shot and human blood dyed the pebbles in the sands along the river. Over time they blackened. Even heavy rains couldn’t wash away the dark spots of blood on the pebbles.

This is continuation of five years of civil war during which compatriots slaughtered and mutilated each other.

In the winter of 1948 my father became the acting president of the Chongqing campus of the Central Political University. The next year he became the president. During the second half of 1949, on the eve of the liberation of Chongqing, he hurriedly sent mother, grandmother, me and my little brother to Beibei where we lived in the home of Liu Hanliang, my father’s classmate and a witness at their wedding.

From then onwards, we settled down in Bebei, a little town on bank of the Jialing River.
In 1951 because of his “crimes against history”, he was summoned to SW Revolutionary University where Liu Bocheng was president to study.
His class was called the “class for especially high-ranking cadres”. After months he graduated and his problems with history were considered to have been “explained clearly”. He was sent back to Beibei and was designated a KMT intellectual who had stayed behind. He was to wait for an assignment.
(1) My family in 1950

[Photo -- the author's family]

My father taught at Central University during the War to Oppose Japan. After the end of the Resistance War, he returned from Chongqing to Nanjing and shortly thereafter became the president of Hangzhou Normal University. During the second half of 1948, he accepted the invitation of Mr. Gu Yuxiu (who had been head of Central University during the War of Resistance) to teach in Nanjing at Central Political University. Our family moved from Hangzhou to Nanjing and later followed father through Shanghai, Guangzhou and then back to Chongqing.

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Unexpectedly, at the end of the year he was arrested by the Eastern Sichuan Military Administrative Office. My mother, who graduated from the Suzhou Women’s Normal University was an educator. The teacher adviser to her class section was Sun Qimeng, one of the founders of the China Democratic National Construction Association. Mother’s schoolmates in those years, influenced by the democratic ideas of Sun Mengqi, became student activists at Suzhou Women’s Normal University who in their day shook up the Suzhou Province educational circles. Those activists became sympathizers of the Chinese Communist Party’s underground activities and one by one left Chongqing for Yan’an.

Only after my mother and father married did they settle down in Nanjing. My mother was devoted to running a school, she gave her whole life to education. In 1943 with the help of the Nationalist government munitions industry chief Yu Dawei she founded the Jialing Middle School in the Shuangbei district of Chongqing. After victory in the resistance war, our whole family moved to Nanjing. We had originally hoped that we could finally live in peace in Nanjing. We didn’t realize that civil war would break out and that the five members of our family would again have to be constantly on the move like a little boat constantly buffeted to and fro by the tides of war.

In 1948, it had become clear that the Nationalists would lose. Father had wanted her to take the family to Guangzhou and then on to Taiwan. But mother was confident that her ‘glorious’ past and her friendship with people like Sun Qimeng would stand her in good stead and that the Communist Party would not give her any trouble. So she decided to stay on the mainland and await ‘liberation’.

After 1950, mother got in touch with Sun Qimeng who led the Sixth Bureau of the Chinese Communist State Council. She hoped that the Communist Party would remember a friend from their difficult earlier days and so give her an opportunity to continues her work in education and live a life as an ordinary citizen. Later events would prove, in the era of Mao Zedong, just how weak friendships formed in the old days of the student movement really were.

In 1951, the municipal Bureau of Civil Affairs named her a kindergarten teacher at the nursery of a Beibei district office.
At the end of 1951, two soldiers from the Military Control Committee came to our home to take my father away and searched our home. They confiscated jewelry and money we had saved for years, insisting that this was money the Nationalist government had given to my father to finance his counterrevolutionary activities. The did not give us any receipt for what they took. Mother was so angry about that that she wouldn’t eat for three days. From that time onwards, our family of four had to get by with difficulty on the 30 RMB per month salary that Mother earned.

My maternal grandmother was born during the Guangxu reign (1875 – 1908) of the Qing Dynasty. Her family was poor. When she was 16 she was married to a loafer from Suzhou but he soon came to ignore her. Later, because she gave birth to a boy, her standing in the household improved. Her son, however, soon died. Then she became a cast off wife — she was driven from the household. Two years later, my maternal grandfather died after living the life of a wealthy, hard-drinking playboy. My mother was less than four years old then. In those days, widows were expected to live a chaste and lonely life. Remarrying was difficult. Fulfilling the role of a virtuous widow was expected. This was the only way to maintain the respect and support of friends and relatives. Although my maternal grandmother was not the brilliant scholarly women of the novel “Flowers in the Mirror”, she did in fact meet the customary requirement of chastity — that she “be determined to hold firmly to her integrity and reputation until death”.

From that day onwards, mother and daughter depended upon one another. Grandmother depended upon her needlework and the help of friends and relatives for her support. She lived life of never-ending hardship. She believed that her miserable fate was the result of evil deeds in a previous life. She turned wholeheartedly to Buddha, ate a vegetarian diet, lived by the Buddhist teachings and held herself aloof from the world. She silently carried the heavy burden of getting by in life. Her diet was short of calcium so she developed a hunchback once past the age of 50. I grew up in her arms and it was under her care that the first seeds of my character were formed.

In 1952, I was fourteen and in the second year of middle school. My younger brother was six and had just begun elementary school. We lived in the dormitory of the nursery school on the third floor of a building set on the side of a hill. My school was about three kilometers away. To help out the family, I started working as soon as I started school.

In those days, in the area between Beibei and Fanbanshan there was no running water. Our household water came partly from rainwater which we used to wash our faces and our clothes. Water for cooking had to drawn from the well half a kilometer from home. After my father was taken away to the “Revolutionary University” to study, I began going up the mountain to get water from the well.

A full bucket of water weighed about 25 kilograms. I could only manage to draw half a bucket. The bucket pressed down on my thin and narrow shoulders. Bobbing back and forth as it did, I felt I could go no further than one hundred paces. I had to stop four or five times as I carried the water from the well to our home and arrived all out of breath. Because I was always shifting the carrying pole from one shoulder to the other, my two shoulders were rubbed raw and felt like hot spices. The pain was hard to take. Rainy days were the worst. Sometimes jolted as I slid down the mountainside, if I were not careful I’d fall over. I often got bloody cuts.

After doing this for a year, I got stronger and stronger. Thick calluses formed where the pole had rubbed and made my shoulders sore and swollen. I was able to carry a 50 kilogram water bucket and make my way swiftly and bravely down the mountainside and to my home in five minutes. From then on, I was the one who fetched the water in our house.

After our home was ransacked, it was very hard to support four people on my mother’s salary of 30 RMB per month. When I was in the third year of middle school, the teacher in charge of our class said that if your family is very poor, you can ask the school for a scholarship and be exempted from paying miscellaneous fees. The scholarship application had to be countersigned by the street committee office. The head of the street committee responsible for where we lived was also the chief of the Chaoyang police station. After I wrote and twice revised the scholarship application, I copied it out on writing paper and took it to chief Chen to sign.
The police station was in what had been an old temple at the foot of the hill below Beibei Park. It was very humid that day and it continually sprinkled down little raindrops. The temple, hidden as it was in the shade of some Chinese parasol trees, looked very gloomy. As I went into the grove of parasol trees, the rain droplets hitting the trees made a pattering sound that gave the place a spiritual feeling. This was my first encounter with grown-ups. I was only fourteen but carried the moral burden of a father who had been imprisoned. This was the first time I made contact with the government and so I couldn’t avoid feeling frightened. As I walked in, I could feel my heart beating like a drum.

When I got to the door, I got control of myself, tried hard to calm down my accelerating heartbeats, halting shyly at the doorway. It was dark inside, I couldn’t see clearly and couldn’t tell if there was anyone there. “Hello” I said, calling out to see if anyone was there. Nobody answered. waited a moment and didn’t see any signs of movement. I looked in side and couldn’t make anything. I said to my self, this is the government office, and someone might take me for a thief, I couldn’t tell. So I yelled out again, “hello!”

I heard a poof and the lights came on. In the yellow light, I could see the desk in the middle of the office. Sitting in the chair was a tall, well-built man, the ferocious-looking Chen Family Register. A year ago, when I was making the household registration on behalf of my father, I had come here with my aunt. He was the one who handled the registration. People called him Chen Family Register

He started to move to get up from the chair with a slight yawn and took his feet down from the desktop. I didn’t know if it was I was just a short kid, and on top of that the child of a counter-revolutionary family, he was very irritated that I had woken him up from his nice dream. He eyed me with contempt and lay down again, resuming his original position.

I went in, but in my nervousness forgot completely what I was going to say. So I stood there like an idiot with my right hand reaching into my pocket holding on to the scholarship application. After I had stood there for three minutes, he looked at my disdainfully and asked “What do you want?” I took the scholarship application out but I felt like there was something keeping my mouth shut so I didn’t say a word. I just handed the scholarship application to him. I felt my hand shaking as I reached out towards him. He finally got up from his chair and with his left hand accepted my note. His right hand he kept behind his back just as if he were facing a ghost on a dark night.

He looked at my application. His right hand slowly stretched out, grazing that fat, evil-looking plump chin. He chuckled coldly “I never heard of the child of a counterrevolutionary having the nerve to apply for a people’s scholarship.” As he spoke he through the paper down on the desk. His hei-hei-hei laugh resounded in the little room. I felt as if he had slapped me in the face, as if bees were buzzing in my head and had a burning feeling in my earlobes. In those days, the pain in my soul was piling up, layer upon layer: that morning when father had been arrested, when the whole family had been scared to death. My mother hid in a corner of the bed with my little brother, who was just seven years old, her face full fear. When they ransacked the house, my grandmother and mother were helpless. That Sunday when my mother had to sell clothes in the marketplace, everything spread around her on the ground. Mother’s colleagues at the nursery school who looked at us with contempt.

In that instant it seemed as if everything between heaven and earth begrudged me my very existence. Innumerable faces turned towards me to spit. If then the earth had split just in front of me, I would have hopped right to be become an insubstantial mist, drilling down into that split earth, too filled with shame to ever return to live among human beings.
Suddenly I felt courage surging into my soul. I abruptly stuck out my hand to retrieve that paper he had thrown down on the desk. I rolled the paper up into a ball, and without saying a word, I turned my head away and rushed out the door of that pitch black doorway. I stepped through a puddle. Mud scattered pitter-patter after me. Even as I ran I could still hear that he-he laugh coming through the trees behind me.
My grandmother was washing clothes. I fell into her lap and started crying loudly.
Ever since, that freckled face, that sardonic smile in that ferocious face, bent down like in some evil crouching posture like a malicious ghost often welled up in my dreams even down to this day.

Part III The Child of a Poor Family Soon Takes Responsibility for the Household

A middle-aged woman surnamed Lin lived near us. She had a pigpen in her backyard, raising four pigs for the neighborhood. Every day she bought some 50 kilograms of green pig feed for 30 cents. I saw my chance and so everyday coming home from school I would cut some grass along the way for the pigs. Fields lay on both sides of the two kilometers stretch of road I walked by each day on my way home from school. There were many varieties of ererchang [?] and amaranth. Every day I grabbed some as a I walked home. I could fit about 15 kilos into my bag and so each month I was able to earn about 3 RMB, just enough to pay my monthly tuition.

I was already fourteen so I felt very ashamed about what I was doing. Every day I brought a big bag to school. I was afraid my classmates would see what I was doing so I went to school early so I would be the first one there. I hid the bag in the narrow 50 centimeter space between the wall of the school and the mountainside. After school let out and my classmates had dispersed to their homes, I retrieved it. I rushed to grab the bag from the rear wall and then filled it with grasses on my way home. On the road home, there were two places that I visited frequently — one was the Beibei Hospital and the other was Li Family Gardens, the big home with courtyard that belonged to the landlord family.

In 1952, the Li Family Gardens were confiscated and became the temporary jail of the Beibei Court. The mess of the hospital and the jail both threw their garbage onto the hillside. A lot of ashes were dumped there. Among the ashes were many little bits of not entirely consumed “second-hand coal”. Although there was a lot of garbage and dirty water dumped among the ashes, I often went there with my sack to see what I could find.

Everyday I came home at seven or eight. One day, after it was already dark, I was carrying a heavy sack home. This time I was carrying not pig feed but second-hand coal and firewood.

Each day as I mounted the stone steps, I could my grandmother’s white hair in the moonlight. She was always there bent at the waist, looking for me. Even before I had climbed up the seven meters or so of hillside she would already be on her way down, taking the heavy sack off my back and together with me we would carry it, swaying back and forth, into our home.

When I got home, a basin of piping hot water for washing my face awaited me on a little square stool. I took off my smelly underwear soiled with mud, ash, sawdust and washed the dust and sweat off my face. After washing my face, I sat down with my grandmother and my little brother to eat supper. Grandmother would always put the best food in my bowl. In those days, we only ate meat once a week. Grandmother, when my little brother wasn’t looking, would hide the best food at the bottom of my bowl since she thought I worked very hard every day. I would always take the food out of my bowl and give it to my greedy little brother. By declining to accept things in this way, we came to feel very deeply the warmth that came from out depending so upon one another. In those days, we never lacked firewood or coal to burn and we never had to buy any.

Sometimes early on Sunday mornings I would put on my backpack and to into the thick forest near the Dragon and Phoenix Bridge to gather wild herbs and fish-wort. Mother would take the herbs to the market to sell. The waters in the forest near the Dragon and Phoenix river were permeated with the stinking odor of decaying vegetation. Whenever it rained it would become very slippery. Sometimes I would stumble across a snake jumping up out of the grass. I was never afraid. Somehow the heavens had blessed me, that poor boy. I never had any accident in all my work cutting grass for the pigs, collecting second-hand coal or gathering firewood.

Behind the school was a brickyard kiln. I used to go there to earn some money when I was young. The neighbors praised me for being sensible. Especially kind to me was our next door neighbor Mrs. Yu. She often treated me as if I were her own child. Her attitude towards me went a long way towards relieving the darkness that had come over my life since the arrest of my father.

Despite the suffering and hardships of those days, I was still fairly happy. My grades were among the best in our class. My brother and I never wore new clothes. We mostly wore cloth shoes or straw sandals. Grandmother every evening would get some old cloth to patch the soles of our cloth shoes. She would put paste over the cloth to make a hard shell and then, working by the light of a bulb, sew it to the sole.

One day when I was cutting grass for the pigs on the way home from school, the skies turned dark and thunder and lightning began. I put on my back-sack and ran for home. When I got to the Li Family Gardens, it was raining so very hard that I quickly hid inside the oven in the kitchen of the detention center.

A man about 40 years old came into the kitchen. The back of his blue shirt bore the character “laborer”. I remembered from my history book that during the Qing Dynasty prisoners wore similar shirts except that the character on their back was “prisoner”. He walked over to the oven and opened the door. He took used a hook to start the fire and a thick stream of coal came curling down from the oven. After he had put the coal into the oven he noticed me. In his thick Jiangsu accent he asked me, “Little buddy, where do you go to school?”

“At the Beibei Number One Intermediate School”
“What is your name?”

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“Kong Lingping”
“How old are you?
“Twelve years old.”
The rain came down harder and harder so he invited me to come into the kitchen, and even opened up the steamer on the table and took out two big steamed buns for me. I guessed that with the way I look he must have felt very sorry for me. I unconsciously glanced at my toe already sticking out of my straw sandals where the glue had worn out, and shamefully accepted the steamed buns.

“What about your parents? What do they do?”
I looked at him warily. I knew that this is where my father was confined. Every day going to school or coming home I would always unconsciously look at this mysterious building, hoping I would suddenly see him standing on an embankment or at one of the windows. But I never saw him. This uncle was very kind, so I thought I would tell him my name and circumstances and perhaps he would be able to tell me about my father.

As soon as he heard my father’s name, he stared at me as if remembering something. Then he whispered into my ear. “Your father lives in Room XX. There is another building behind it so you can’t see it. I don’t know why but he wears chains on his feet. He added “People here who are in chains are certainly in serious trouble. If it isn’t wanting to escape, it is that they haven’t confessed or haven’t admitted their guilt.” After he finished speaking, he stared at me.

I was astonished to hear all that. Not only fearing for my father’s safety, but also worried about the dangerous things he had got himself into. I asked, “May I come here to see him?”
“That is difficult. However, if you really want to see him, you can go to the works site at the Zhang Family river bend. He works there every day from nine in the morning until three in the afternoon..”

The rain gradually tapered off and the sky was already a yellow dusk. My had thought that I would take some of that second-hand coal that had just been taken out of the furnace, but I was feeling dispirited so I just grabbed my bag and my book bag and headed home.

I told my grandmother the news as soon as I got home. Ever since father had been arrested, grandmother had been the most broken-hearted of us all. She was the senior member of our household of five and the eldest. Among Chinese people, the love and concern older generation has for the younger generation often exceeds the love people of the younger generation have for one another or for the elder generation.

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She had often been praying and when she thought no-one was there, wailing and crying. “Xiangjia has been gone nearly a year”, she would say to her daughter, “but we still don’t know what he did wrong. Where is he being held? We don’t know how he is doing. What does he need? No matter what, we should go to the court and ask about him. …. If you don’t want to visit him in jail, I’ll go by myself. You get a letter of introduction from your work unit and give it to this old women. What does someone who will soon be dead have to be afraid of?”

This was even harder on my mother. She had to take care of the whole family, who had it harder than she did?

You can just imagine what my mother felt when she heard the news. The nursery didn’t have any Communist Party members then. The leader was Zhang Shimo, the secretary of the Youth League. Zhang thought mother, who had been the principal of a middle school, looked down on her since she had only just graduated from middle school. With that in play, she was especially determined to strict in her education of that “counter-revolutionary family”. Often whenever she spoke with mother, it was in her official capacity, telling her that she should “take the initiative to draw a clear line between herself and her counter-revolutionary husband. Take the initiative to expose the counter-revolutionary crimes of your husband. Only that will the Party organization take her circumstances into consideration.”

Whenever Zhang Shimo made a reprimand to mother, who was twenty years her senior, she seemed to get a strange sort of arousal from the fear and confusion that my mother showed. That arousal was a high for her, so she would reprimand my mother more harshly each time. Mother’s face became grayer by day, at night she could barely see. She often woke to terrible nightmares. Several times she just fainted for no apparent reason. Often when I came home from school I would discover her sitting by a lamp alone with a blank stare.

She was fearful and confused: what crime did I commit? What crime did my husband commit? Is all this because my husband was the principle of a KMT school? While he was principal, he never made “spy reports” about anyone. Nobody, teacher or student, were ever hauled off to jail from his school. Yes, when the students were in the streets demonstrating, he did admonish those hot-blooded children, but that was only because he was the principal of a school. He had to be concerned where human lives might be lost. He did indeed improve the food in the student cafeteria. What crime is that? Were the students opposed to hunger? He got up every morning and took a broom to sweep the entrance to the school. Was that working to destroy the student movement? If these things are wrong, how is someone to be principal of a school? All this considered to be working for the KMT. But wasn’t all that explained to the government while he was still in the southwest? And did the government say that it would forgive past transgressions?

Zhang Shimo’s harshness and sarcasm beat day by day down upon my mother. She was terrified. Would some of her jewelry be taken as evidence that she had “received expense money for counterrevolutionary activities?” Would she be arrested and sent to prison as well?
If that were to happen? what would happen to her two minor children? How would her 70-year old mother survive? The more she through about it, the sadder she got. The more she thought about it, the more she regretted how she didn’t listen to her husband and stubbornly insisted that they remain on the mainland. At that point, death seemed preferable to life and she thought about killing herself.

(4) Mama Yu

Mama Yu was our next-door neighbor. Her husband was the accountant at the nursery school. She herself was a peasant girl from Hechuan and about the same age as my mother. She had five children. The eldest was a year younger than me and her youngest was just one year old. Depending on her husband’s meager salary to support their family of five, she was even worse off than we were. She was fortunate that she came from a poor family and so learned to be frugal from the start. She not only took care of the children, but did all the housework and washed clothes for twenty people in our neighborhood.

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Washing clothes was especially difficult back then since you had to go down to the Jialing River to wash them. She would go off to do her wash and ask my grandmother to look after her three smallest children. For the children of the neighborhood, because she was especially hardworking and always ready to help out her neighbors, she was like a mother. The children in the building always called her Mother Yu.

My grandmother wasn’t about to be going up and down the hill, so Mama Yu bought our rice and vegetables for us. Every noontime I saw her carrying a big bag of clothes on her back and a big basket of vegetables as she struggled her way up the hill.

After Father was arrested, our neighbors kept their distance from our family. Naturally compassionate Mama Yu was the only one who consoled my grandmother and mother.

Whenever she heard my mother weeping, Mama Yu would come over to console her. “What good can worrying do you? Worrying can ruin your health, and so what would grandmother do? What would the two children do?” Mama Yu would take a cloth to wipe my mother’s tears. She’d say “Look, your boy Xiaoping carries water, collects second-hand coal, cuts grass for the pigs and gets good grades in school. How can a mother who has such a son be heart-broken? You are angry, who are you going to be angry with? Anger that makes you ill will only hurt you yourself. These years there are just so many people who have suffered — with the struggles against the landlords, the killings of the local despots, the arrests of the counter-revolutionaries, and the arrests of the corrupt and of the greedy. Just look at Wang Guangying who lives across the way. Her husband was imprisoned and she has two children smaller than yours. She has a heavy burden but still she still get on with life. Grandmother is a good-hearted person. You are a good person, and as for your husband, what did he ever do against the revolution? I just don’t see it.

I am worse off than you are. If it weren’t for grandmother often taking care of my three children, how could I ever get down to the river to wash clothing? People should be compassionate, if you have some problem, just let me know. Grandmother says that she wants to go see someone. Whenever she wants, I’ll go with her to the court. We are honest people so what have we to fear?”

People need to be counseled since if someone got thinking over and over on a narrow track over trifling matters, then if they do not get counseling some unimaginable tragedy could occur. But if a person can just speak up and talk with them, it can be avoided. Mother was encouraged by Yu Mama’s words and gradually came out of it and put aside her hopelessness and suicidal thoughts.

When she heard the news that farther was working at the Zhang Jia Bend, grandmother immediately went to Mama Yu to ask her if she could find the time some day to go with her to the work site to see father. Mama Yu agreed without hesitation. They decided to go on Sunday, since Uncle Yu would be at home and he could watch the kids. I didn’t have school on Sunday so I could go too. I got a walking stick ready for grandmother. Grandmother got some soap, towels and a roll of straw paper and put it in her bag.

From home to the Zhang Family Bend we walked on small country roads. We got very early that day and so grandmother, Mama Yu and I got on the road just after dawn broke.

The air felt very fresh in the countryside that early autumn day. But the mountain road was muddy and so grandmother, who had bound feet, walked very slowly. She had not been out in the countryside for a long time, so naturally she looked around a lot.

I was especially careful since I was very worried grandmother would fall. My hurt was churning with emotions I couldn’t express. How was father, was he healthy? How serious was his case? Will he be able to come home?
Mama Yu was always nodding to the people we passed on the road. She had lots of friends.
By the time we got to the Zhang Family Bend work site, it was already eleven. We could hear some noise in the distance. The clanging of two hammers hitting steel rods. The sound of falling rocks and gravel. The faraway call of the stonemason. Then the jumbled calls of many men together. When the road ended we could make out the shapes of men in a ravine.

The “work site” was the narrow ravine between two hills. In the ravine were forty or fifty men, all wearing shirts with the character “labor” written on the back. I thought that my father must be among them.

I saw that in the thick grass in a crevice there were install two machine guns. When we three, an elderly woman, a middle-aged woman and a child got to the fork in the road, the sentry noticed us. He said that no-one is allowed to stop here. Quick-thinking Mama Yu said hurriedly asked the soldier, “Ah, Comrade, what is the way to Leiyin Rock?” The soldier sized us up, realizing that we were on the way to visit relatives, waved us away, saying. “You can’t walk this way. Go around the mountain ridge.” He pointed towards a bridge to the east and to a small road overgrown with grass that was very hard to make out.

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I supported my grandmother and pretended to try to find our way and started to climb the ridge.

(5) The Last Time I Saw Father

Once we got on the ride, we had a bird’s eye view of the men down below. I nervously searched among the group of men. The sentries weren’t paying any attention to us, they were talking amongst themselves. I squatted in the thick grass and tugged on Mama Yu and grandmother to squat down as well. They immediately bent down. They pushed aside the grass to look in the direction I was pointing.

I saw him — my father!

He wore the gray uniform of Reform Through Labor.

His feet were bound to fetters. He was thin and pale and walked with difficulty. His head was shaven bald in contrast to his dark face. He seemed not to have shaved for a long time. I felt so sad, the tear flowed down my face. I turned around to see grandmother. She covered her face with a cloth as the warm tears flowed. Father was bent down swinging his pick. He could not have imagined that that his family which he never stopped thinking about was at that moment were staring down at him with tears in their eyes from the grass on the cliff above.

The sentry on the cliff opposite finally noticed the route we had taken and called out to us in a loud voice, waving at us, demanding that we leave. We could but drag our feet as we slowly made our way back as Mama Yu took us in hand for the long road back.

That was the last time I saw my father.

The next Sunday, grandmother, again with the help of Mama Yu, went to the court. The duty officer at the court asked for a letter of introduction from our work unit. Mama Yu said she didn’t know that some proof was needed in order to see someone. Although we didn’t get to see father, the duty officer finally surrendered to the persistent persuasion of Mama Yu and accepted the soap, grass paper and cloth that grandmother had brought for father.

When grandmother asked what crime father had committed, the duty officer said, “His case can’t be discussed with his family. You go home now.”

Mother, put under great political pressure, finally did file a “divorce” lawsuit with the court. We didn’t understand why she did that. She must have been thinking that that was the only way that she could escape from the heavy mental shackles that had been put on her.

Half a year later, we got a letter father had written to us from prison. I was the addressee. The first sentence of the letter is that he had agreed to the divorce with mother. He wrote that he had already received his prison sentence and that he was currently in Xikang in a lumber-cutting labor camp. He wrote that everything was fine, that he was in good health. He wrote that we would certainly meet again and that was a goal he would strive for.

The last sentence he wrote in the letter was “My son Xiaoping, Dad has let you down. I have to let you go before you have become an adult. Fortunately you are already grown up and are a sensible boy. Study hard, take care of your grandma and your mother. Now I pass to you those heavy responsibilities..”

I was a fool! How was it that I couldn’t see the tear-stains all over that letter? How is it that I didn’t perceive the underlying tone of despair that he was doomed? I really thought that he was still alive and well somewhere and that we would see him someday. I made exactly the same mistake as my mother. I didn’t write back. In my ignorance I thought for my own survival and future, I could not openly express my love for him.

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Section Three Disaster Strikes

Ma Kaixian and I avoided the “free airing of views” and hid in our haven that we had chosen in the back of the Chongqing University campus. But the ideological tide from democracy and freedom finally swept up Ma Kaixian. I couldn’t stop her from near the end of an airing of views meeting, from going up to the speaker’s platform and with her accented voice trembling with righteousness, talk about some terrible injustices that occurred during the 1951 “The Three Antis and the Five Antis” campaign against corruption in government and industry. She also said that she agreed with Dong Shiguang [Note: a prominent Chinese academic expelled from the US in 1955 for being pro-communist who two years later was attacked for criticizing the lack of democracy in China. He died in 1960 of starvation in a labor camp, one among the many victims of the great famine.]

I really never imagined that an already-prepared net of disaster was already in motion and would soon fall upon our heads.

Those young university students, just embarked upon the great journey of life, innocent new born calves excited by ideas about democracy fell right into the trap “openly” prepared for them.

For Chongqing University students, including the Pu Shiguang, the Communist Youth League branch secretary, the Communist Party was a majestic “mother”. They naively believed that the Communist Party was forged from “special materials” and its members are all people of excellent moral character. They never dreamed that the Party by making the “honest” pledge that no blame will come to them for speaking forthrightly was a trap!

These naive children didn’t realize that beneath the pretense of “being honest with one another” at the meetings organized by the “speak up” movement, lay a trap for the “six criteria for recognizing poisonous weeds”. Once they had spoken their minds, they were all rounded up.

- 25 -

The “working class” of the school — the cooks in the cafeteria, the temporary workers, and the guards — organized and did a “show of force” demonstration that started from the Democracy Lake shore past the student dormitories to the recently-repaired road. They yelled slogans like “We will not allow you to attack the glorious Communist Party of China”, “Rightists, stop telling lies”.

The students gathered to watch them. Later, the various university departments gathered for a discussion. The students had no idea just who those “rightists” might be. They never imagined that the organizers for the demonstration were Director Zhang and Cao Yingmen.

Those two people were sharp enough to see their opportunity and grabbed it. They distinguished themselves in the subsequent anti-rightist movement. They pasted up on the walls fiercely-worded anti-rightist big character posters one after another. In place of the cartoon pasted up by Lin Yusen, there was a poster with the big characters “I accuse” put up. Those posters depicting Director Zhang as a pig and party secretary Song as midget-size monster were torn down and kept in the rectification office of the Chongqing University Party Committee.

Ferociously-worded posters such as “What does xx mean by saying that the faculty should run the school?” , “Don’t let XX insult the Communist Party”, and “The true nature of counter-revolution: non youth league members in the editorial office”. At first the students who were called out by name stood in front of the spot where they had pasted up posters with the feeling that a big disaster was about to overtake them.

Some people even got up on the platform of the “Meeting to Criticize the Words and Actions of Rightists” and, like a little fish caught in a net, started trying to wriggle free, saying that they had good intentions and begged pitifully for mercy. But what room for “debate” remained? The people in charge of the criticism meeting would just shout at them “Enough of your sophistry!” The only way out was to make a clear statement, lower your head to confess guild and thrown themselves upon the mercy of the people.

Everyone who has been criticized at a criticism meeting is given a folded up piece of paper and required to write down an endless number of items under “my examination”. There were a few classmates with character who refused to admit guilt. I saw at the struggle meeting of the Machinery Department, there was a sophomore named Yin Shihong who held his head high and refused to say a word. After the meeting he refused to write out his “examination”. He was immediately separated from the others and locked up as a punishment. At the Welding Department criticism meeting Pu Shiguang faced a gauntlet of toughs. He answered them with a bitter sarcasm and he too was immediately locked up.

In this way the warm breezes of spring quickly turned into a stream of cold air. The atmosphere of the school which had just started to become lively became thick and stifling.

Fortunately I was able to avoid the initial onslaught. This was because I took heed of the warning “stay out of politics” and my “numbness” with respect to anything having to do with the Communist Party. As far as I was concerned the work of the “political designing academy” was a far away from me as any odd bit of overseas news. I paid no attention to the People’s Daily report references to Li Kangnian’s suggestion that national capitalists be bought out for 20 years of interest or Huang Shaohong critique of “the Party taking the place of government”. I didn’t even go to the Songlinpi Hall to hear Dong Shiguang’s report. Just for that reason — I had not attended any of the large or small “speak up” meetings, I was for the moment safe from the “autumn investigations”. Later, when each of the departments posted photographs of the speak out big character posters as “poisonous weeds”, I cried in fear, “this is very dangerous”.

The Machinery Department’s class party committee, under the guidance of party branch propaganda committee head Cao Ying was unusually active. We can’t really say that Cao Ying came to university to learn a profession. Better to say that Cao was the ruling cadre of the Communist Party in the school. Cao’s classmates said that Cao failed nearly every class. Cao’s specialty was persecuting other people.

- 26 -

In those days, Cao relied on a “revolutionary” sense of smell trained over several years. It was a matter of “accepting the trial assigned by the Party” and completing the “special task assigned by the Party”. This experience prepared the way for Cao’s subsequent success in the Young Communist movement. How can anyone ever pass up such an opportunity?

Cao was especially busy those days. Nearly all the Machinery Department criticism meetings were chaired by Cao. All the teachers and students who had expressed views at the speak up meetings were pushed up one by one onto the criticism platform.

Ma Kaixian was not able to avoid getting into trouble. She was called upon by Cao Ying to make a special talk. She was a member of the Communist Youth League and so was required according to the Six Criteria separate out the poisonous weeds and write out a report on her own words, actions and consciousness. Cao Ying threatened her saying, anyone who had spoken up against the Communist Party during Dong Shiguang’s speak out meeting will have suffer severe punishments.

Ma Kaixian would not go along. She suddenly gave the chair of the Machinery Department a note announcing that she was withdrawing from school. She got a letter from her parents telling her that she had gotten into this situation because of my influence. Her big brother wrote to her saying that she should immediately break up with me. In their views, the only way that she could possibly have become so “reactionary” was due to my influence. When I heard that she planned to withdraw from school, I strongly opposed the idea. We got into a heated argument. She said that these days studying is meaningless. She had no interest in studying. I, however, thought that if you don’t study, how can you possibly survive in this society?

One afternoon, I dragged her Songlinpo, to the home of our department chairman Qian Qifan. Professor Qian also admonished her to relax and stay in school. She was a stubborn person and refused to be convinced. When we left Professor Qian’s home, I suddenly and thoughtlessly blurted out, “If you quit school, then we’ll just have to break up.”

One careless word and we parted unhappily. When I fell in love I did not realize what a fragile sweet fruit love really is. One careless word destroyed it. The misfortunes I suffered later made me realize the Ma Kaixian’s decision to quit school had been both correct and wise. Unfortunately my regrets came too late.

When summer vacation came, I went home alone and heart-broken to Beibei. When we parted at the train station, she told me that she would stay with her aunt in the city for a little while. She would still need to return to school since the school still had not accepted her application to quit school.

My little brother came to welcome me home. He took my bags and excitedly called out to grandmother. Grandmother came out when she heard his voice. As usual she looked me over with her kindly eyes and caressed my head saying, “You are thinner than when you came home for winter vacation.” Mother was still very worried. Although she had divorced father four years before, she still suffered from both the social pressure and the accusations of her own conscience. For years she had not written father a letter and had no idea what had become of him. Nonetheless, she often blamed herself. Her guilty feelings often gave her nightmares.

We never got a notice of father’s sentence or the verdict in his case. At first, we would go to the court and ask timidly about him but the court refused to respond. Moreover, they would say people in your situation have not right to ask questions. After getting those unreasonable rejections, we didn’t dare to ask anymore and never dared to make objections.

Not until 24 years later, after writing several dozen letters, did a learn of my father’s fate. Finally the Sichuan Province Public Security Bureau wrote me a little letter, no bigger than the palm of my hand, informing me that my father had died of an illness on May 6, 1956 in a re-education through labor lumber camp in Xikang.

(1) Can’t Avoid the Trap Set in Plain Sight

In 1957, mother finally, in the warmth of the “friendly spring breezes” of the campaign for the free airing of views broke her years of silence. She cautiously told the head of the nursery school Ni Peilan that she had doubts about the “counter-revolutionary case” against her husband. Weren’t they told after studying at the Revolution University that they had made a clean breast of the historical problems in their pasts? Didn’t Deng Xiaoping as the “teacher in charge” proclaim at the completion ceremony “You have finally set down the heavy burden of your personal histories. Now you can without any hesitation join the ranks of the revolutionaries?” Weren’t they allowed take up their teaching duties at a time when China was terribly short of teachers? How could the government’s policy change so suddenly?

Moreover, that so-called “counter-revolutionary activity funds” was a complete fabrication. How could a household’s savings be considered “activity funds”? Those few doubts that mother expressed at those “free airing of views” meetings made her fall into the trap in plain sight that Mao Zedong had set. She paid a terrible price for it all the rest of her life!

Only a few days after I got back home, Zhou Shengbi called me to her office. There was another one there, Zhang Shimo. People of that age were the older generation. They had watched us grow up. They had to admit deep in their hearts that of all the children of the families who sent their children to the nursery school, I was the hardest working, the one who applied himself the most, and the child who was the most obedient.

After I was enrolled at Chongqing University, they saw me differently. They were superficially very polite and showed respect whenever we ran into each other. But towards them I always felt very modest, a modesty blended with fear and trepidation.

“We called you in so that we could understand some things better and so that you can help your mother”, Zhang Shimo said. “Did your mother write a letter to you during the period of “free airing of views”?

Zhou Shengbi took out a fountain pen and started to write in a little notebook. I nodded but didn’t understand their intention. “Did those letters mention your father?”, Zhang Shimo continued. She looked at me with sly glances. I hesitated and then nodded, not understanding where she was headed.

“How many letters did your mother write to you?”

What were they after?

I thought about the materials on the Hu Feng counterrevolutionary group. All that material came from letters. I started to get worried.

Mother in her letters certainly mentioned her doubts about my father’s arrest and what she said at the “speak freely” meetings. But how could that be a crime? I answered honestly “Two or three letters I think.”

Zhang Shimo with what was certainly counterfeit “generosity” and “encouragement” said to me: “Young fellow, you are already a college student. You have a good career ahead of you. Study hard. You can held your mother. People of the old society tend to get caught up in little details, it is hard for them to adjust to new things.” Her interrogation left me very confused. I was already 19 years old but still very naive. I didn’t realize that a disaster was already quietly coming my way.

When I got home, my grandmother was all smiles. For her, our family of four, including her two grandchildren, and especially me, were specially entrusted to her care and were really and extension of herself. She would do anything for us two grandchildren.

(2) My grandmother

From the time I was very small, my parents were too busy to care for me so I was completely in the care of my grandmother. Every evening I slept at her feet. In the middle of the summer of 1957 she called me to her and told me those old stories that she had told me I don’t know how many times before. How my birth had been so difficult for my mother at the Nanjing Bell Tower Hospital, about how the Japanese bombers were raining down all over Nanjing, about how the nurses were so incompetent that I was nearly smothered. About how we had escaped from a Nanjing aflame, about how she had carried me past scattered corpses and piles of abandoned infants into the great stream of fleeing refugees. He disheveled gray hair covered up her wrinkled face. I realized that she had become quite old and her back was more and more bent.

When the subject of her curved back came up, she would describe how tough things were during the war years. “During the War of Resistance, our family fled from Nanjing to Chongqing. We were so poor that we could only rent an attic in the Great Purity Temple. The attic was low and dark. People living their couldn’t stand straight up. It was cheap, only five copper coins a month. During the day your parents were very busy. You and all the housework were left up to me. When you were small, you were lucky because your wet nurse had excellent milk and you grew white and fat. Days you would always want to be carried so I was always bending over to pick you up and carrying you around as I did the laundry. After half a year of that, my back started to get bent.” As she talked about these things, her face shone with the joy of remembrance.

Every time I saw her bent graying body, I would always feel some regrets that were hard to put into words. Widowed as a youth, in her middle age she went along with her daughter frantically fleeing from place to place. She had worked hard all her life, never knowing any kind of relief. I held her callused hand and said, “Grandmother, you have spent your whole life carrying for us two brothers. You have never had any comforts. When I graduate from college, I want you to come live with me. I’ll find a nice room for you so that you can happily live out the late years of your life.” She laughed and tears came to her eyes.

By the third week of summer vacation, I had gotten gloomy. My mother’s constant sadness was weighed heavily on me. I often thought about Ma Kaixian and how she had given up all hope. If it weren’t for this year’s “free airing of views”, we would had planned to come back for the summer vacation on the same train to Beibei. Her aunt and uncle were teaching at the Southwest Agricultural College. She could have stayed with them and we could have spend a month of summer vacation happily going to Red Cloud Mountain and Northern Hot Springs. But those plans had fallen through. She was busy this vacation with her application to withdraw from school. I had no idea what might become of our relationship.

Because I was feeling badly, I went back to school five days early. My little brother helped me get my things together. Grandmother kept reminding me over and over “Don’t forget to take your winter clothes!”. She seemed to have a premonition of misfortune. She kept telling me “Be careful of what you say at school. Don’t get into arguments. She took her walking stick and held on to my hand and walking unsteadily accompanied me to out the bamboo door. When I had crossed the road, she suddenly called me back to her side. She caressed my head. Overcome by my feelings, I bent down and put my face against her gray forehead and kissed her. I felt her warm tears flowing down my cheeks and onto my neck. When I got to the bend in the road, I looked back and could see her silhouetted, standing still for a long while by the wooden gate. Like an old photograph that one can never bear to throw away, this image of her had staying in my memory for all my life.

She perhaps that promise I had made to her was indeed what she had dreamed of all her own life. But it finally burst like a soap bubble. And that parting, which proved to be our final parting, nourished the feelings I have had for her all my life.

- 29 -

(3) Ma Kaixian

After I had got back to school and was just entering my dormitory, I ran into Guo Yinghua, who had stayed at school to “work”. She looked at me in surprise and asked, “Why did you come back alone? Where is Ma Kaixian?” I was astonished and had a premonition that something was wrong. I answered “How would I know where she went?”

“Did you have a fight? Didn’t you leave together the day that school let out? So how is it that you came back by yourself? Making some drunken scene, the school is investigating that incident.”

I said, “We did leave school together, but when we got to the station, she wanted to go to her aunt’s home so we parted. I don’t know where she went after that.”

Guo Yinghua then gave me the details about what had happened that day.

That evening about 9 PM, Ma Kaixian returned along to her dormitory room with a bottle of liquor and a bag of candy and closed the door. Soon some singing could be heard, the words were hard to make out, but seemed to be the “Song of Rita” [from the Indian film Awara] and then some mad laughter then weeping and the sound of breaking glass.

Someone looked into the room through a crack. She was alone, her face all red and swinging her arms and legs wildly in “dance”. Only half the bottle of liquor remained. A broken wine glass lay at her feet.

The people outside knocked on the door but to no avail. Suddenly the room quieted down. Guo Yinghua ran to the men’s dormitory to get Chen Si and Liu Dagui. They kicked open the door and found Ma Kaixian vomiting. The room stunk of liquor. When I heard that, I realized that the tragedy had begun. I hurried to her room and stood helplessly by her desk.

Was her drunkenness and crazy dance because of me? Could girls really be so fragile? Where did she go? Where could I go look for her? I just couldn’t calm down. I had very complex feelings — could she have gone out and killed herself?

I decided that the first thing I would do would be to visit her aunt. I opened her drawer to look at the letters she had gotten. One the letters were two addresses in Chongqing. One was no. 10 on a certain road in Huangyuan. The other was in the Pipa Mountain Park.

I hurried out the school gate and got on a bus for Niujiaotou. After arriving in Niujiaotou, I set out on foot. As I looked for the address on the envelope I asked people along the way for directions. After wandering around for four hours looking for the address, I finally found her aunt on a road in Pipa Park at 4 o’clock in the afternoon. The owner opened the gate in the wall. Inside I could here the voice of Ma Kaixian.

She was wearing a white one piece dress. She came down from upstairs. She was astonished to see me. She ask in an apologetic voice “How did you find me?”

I felt like a giant boulder had just been lifted off my heart. I put on a mysterious tone of voice and said “I have ESP. Wherever you wander in the world, I can find you.”

I swallowed back the apology that I had prepared on the bus ride. Our misunderstanding immediately cleared up.

“Have you eaten yet?” She asked. Just then I felt my stomach rumbling. From when I heard the news that morning in Beibei to that moment for nine hours I hadn’t eaten a thing. I had completely forgotten fatigue and hunger while caught up in this unexpected chain of events.

- 30 -

That evening, her aunt’s cooking tasted great and we ate it very happily. I have learned my lesson. For now, I would hold my tongue about her withdrawal from school and did not ask about her drunken singing that evening. Her aunt was very warm. I couldn’t tell if she could be against our first love, like her mother and elder brother were.

After supper, Ahxian and I walked along a road by the river. We leaned on a stone wall and looked at the twists and turns of the Jialing River. Both sides of the river were lit up by the lights of houses perched on the cliffs which together with the moon made quite a romantic picture. Many worries surged came to mind, I thought of my mother’s depression, and I looked at Ahxian who as the river breeze brushed by her one piece dress looked so attractive and beautiful.

I hoped that she would return to school with me the next day, but she refused. It seemed that the efforts I made the day before hadn’t changed her mind about withdrawing from school.

The school term did not begin on schedule. Self-study took up most of our time. After the October 1st National Day, a pledge and mobilization meeting for those who would go down to the countryside and help the peasants was held for one thousand students on Unity Plaza. The next day, students went to Jingkou to take part in “tempering oneself through manual labor” to build earthen river embankments.

After the army of “going to the countryside to help peasants” students laborers left, the campus felt empty that fall. After several days of steady rain, the campus seemed bleak and lonely. Depression and a vague sense that something bad was coming pressed upon me ever closer.

Finally the day came when Chen Si called me to a secluded classroom. In a stern tone he said to me, “You need to earnestly reflect on your thoughts, words and actions during the Speak Frankly Campaign, including the works and actions of your mother which were not advantageous to socialism as well as the words and actions of Ma Kaixian.” He added, “You need to understand the situation clearly and seize the initiative. The Party is very clear in its policy. We should learn from our past mistakes just as we cure an illness to save someone. All the errors in word and deed committed during the Speak Frankly Campaign need to be brought out into the open so that people can be given the benefit of criticism. No-one should hope that they can trust to luck and pass unnoticed.”

He immediately gave me a stern warning. “The organization already has a good understanding of your situation. You weren’t ask to participate in the well-digging work this time in order to give you plenty of time to reflect on your problems. Confessing early is better than letting things drag out. Not confessing means that you are stubbornly resisting. A person’s character can change. We hope that you will make use the method for resolving contradictions among the people to solve your problem.” When he finished he gave me a pile of manuscript paper. That was the paper used a year ago in the Campaign Oppose Hu Feng and given to students with problems so that they could confess.

When I got the paper I got tense. I would have to finally change my original attitude of staying away from political campaigns and focusing instead on my own interests.

A little later I got a letter from my younger brother. He said that Mother had already asked him to write to me and said that Mother was under supervision of the party organization. Zhou Shengbi had warned her that during this period she may not write a letter to Chongqing University.

Right away, I grabbed my copy of the little booklet “On the Resolution of Contradictions Among the People”. I compared the six criteria for distinguishing between fragrant flowers and noxious weeds. During the Speaking Frankly Campaign I had not made any public speeches, so there was not a problem of rightists words or actions.

I don’t know which of the six standards my mother violated. Had she divided the people? Had she harmed socialist transformation and construction? Had she harmed or weakened the people’s democratic dictatorship? Had she harmed or weakened democratic centralism? Had she rejected or weakened the leading role of the Communist Party? Or had she harmed the unity of the international socialist movement?

I thought that if mother during the Speak Frankly Campaign had brought up some doubts about policies in connection to my father’s case, then it would not constitute one of the six serious crimes of doing harm or weakening.

- 31 -

As for Ma Kaixiang, what did she say during the Speak Frankly Campaign? The Party is everywhere? Let Professors run the university? Looking over the six main criteria, that could only be connected to suspicion of shaking off or weakening the leadership of the Communist Party.

My view was that pure and honest Ma Kaixian could not be though to be like some “sly plotter” or a “sinister and ruthless” capitalist class rightist. When I realized that I began to relax. But mother’s worried face appeared before my eyes. Chen Si’s warning had gotten my nerves all tightly wound up.

I hadn’t seen Ma Kaixian since school started. I found her from afar working in a labor brigade that had been sent down to the countryside. She seemed to be avoiding me. What was she avoiding? Kaixian, you may already know that I have gotten into trouble. I am always thinking of you. I so need your encouragement and support.

(4) An Absurd Defense

I suddenly decided that I should write her a letter.

The first letter went, “Kaixian, do you know how my mother is suffering? Ever since Father was arrested, the burden of caring for our family of four has fallen on her. The added moral pressure of being part of the family of a counter-revolutionary led to her finally deciding to divorce my father. When she was young she was already an accomplished educator. She is dedicated to her profession. During the recent Speak Frankly Campaign, she thought she would present to the Party the doubts that she had had over the years and to rid herself of the suspicion that she had been covering up her husband’s crimes for years. That is why she spoke out, there was nothing else behind it.”

That so-called letter to Ma Kaixian was sent to Mother’s work unit for them to see. Hadn’t Zhang Shimo been looking for the letters between Mother and myself? Letting Zhang Kaimo see this letter to my girlfriend would help defend mother from false accusations.

The second letter went like this: “Mother, how are you? Are grandmother and little brother well? I have been worried all summer about returning to school. When I got back to school, I found out that Ma Kaixian had misunderstood me and had gotten too upset. She even got drunk and got hurt. I feel that I have let her down, she really loves me. She is a very kind-heated girl. I don’t know why even now she can’t get over it. I haven’t seen her since school started. I worry about her a lot. I don’t want her to quit school. That would ruin her future, I can’t imagine how things would turn out for her if she did that. A girl going out into society alone to make a living is quite dangerous. Mother, I beg you, please talk to her, maybe she will listen to you. Help her realize how foolish that choice really is that she is making. “

This was called a letter to mother but it was actually sent to Ma Kaixian.

The addresses on the two letters were of course switched so that the so-called letter to Ma Kaixian were sent to the Beibei nursery where mother worked and the so-called letter to mother was put in an envelope to send to Jingkou.

Those two letters were filled with my feelings of helplessness. I didn’t know what to do. If in those days I could have seen through Mao Zedong’s cruel plot, I would not have put on such a foolish act.

I felt relieved after I sent out those two letters.

Those days were very difficult. Two months felt like years. I never got any reply to the letters. I wondered if the letters ever reached their intended recipients. In early December, I send two letters that were exactly like the previous two in both content and in their deliberate misdirection.

This time, I finally got an answer from Beibei.

- 32 -

(5) Last reunion with my younger brother

On day in mid December 1957, at about 11 AM, my little brother suddenly appeared at the door of my dormitory. His arrival was like a spring wind for me in my winter of loneliness and sadness. He brought with him more worries. He held a yellow cloth bag in his hand as he stood shyly in my doorway. I jumped up when I saw him. I held tightly onto his freezing cold hand.

“When did you come?”

“Early this morning.”

There were other people in the room so he couldn’t say anything more.

He opened up the yellow bag and said “This is for you from grandmother. It has gotten cold and grandmother wants to make sure that you take care of your health.” He brought out a pair of woolen socks made from recycled knitting wool, a pair of cloth shoes, and 20 RMB wrapped up in a handkerchief. When I saw the socks, I realized how hard it had been, stitch by stitch to knit those socks with her spectacles in the darkness of dim light at home in the evenings.

At noon, I went with him to the cafeteria to eat lunch, then took him by the hand and exited the school gate, and slowly walked over to the Xiaolongkan Hospital. My hemorrhoids had not yet healed and so I still had a bed there. There wasn’t anyone else in the room so it was a good place for us brothers to have a heart-to-heart talk. My brother sat in front of the bed and told me what had happened after I left home.

“Since you left, the nursery school has been holding a series of criticism meetings. Mother and Chen Yu become the object of criticisms. Mother’s most serious issues is that she has kept trying to have the verdict against father overturned. At the criticism meetings and outside the meetings, people are always trying to get her to confess, and particularly on the connection between you and mother, charging that the two of you are conspiring in a kind of alliance. At the criticism meeting last week, mother was made to wear the hat that labeled her as a rightist element and instructed that if she wants to leave the compound or to write a letter she must first notify the organization. “

Younger brother spoke very slowly as if something was caught in his throat. As he spoke he was reflecting on just what all this means.

He was only twelve years old. I could see reflected in the dull look in his eyes the shadows and ineffable hurt that had settled onto his fragile soul. Mother was labeled a rightist. I had understand that already during summer vacation from the attitude and expression of Zhou Shengbi. I had expected this, so it didn’t hit me very hard.

Brother continued saying, “Grandmother gave me the yellow bag yesterday to bring to you along with 5 RMB to pay my bus fare. She told me to come to see you right away. She said that the situation at home is not good and so she doesn’t want you to come home and not to write anymore. She said that Zhou Shengbi took your letters and is using them at the criticism meetings to show that you will never mend your ways. Grandmother wants you to stay at school during the Spring Festival and to take good care of your health. She warns you watch your words when you talk with people.”

After brother was finished, we were both silent. We felt a great weight on our hearts and our minds felt empty.

The twilight came and I suddenly realized that the Spring Festival was only a few days away. I certainly can’t go home this year so I said “Tonight we’ll go to a restaurant and let that be our Spring Festival get together. Tonight you’ll spend in my hospital room with me. Tomorrow morning I’ll go with you to the Beibei bus to see you off. “

- 33 -

My younger brother’s eyes lit up for a moment. He nodded his head and said, “Fine, this evening we will celebrate the Spring Festival.”

We two brothers went hand-in-hand on the Chaoshiben side of the river. We went into a restaurant and chose seats by a window overlooking the river. It was Spring Festival so of course we wanted to be a bit extravagant. We went way overboard and ordered five different dishes. Younger brother’s favorite foods: fish heads cooked in a clay pot, cold boiled pork with garlic puree, white chopped chicken, roasted cabbage and a small cup of wine. We didn’t want to leave anything at the table so we ate slowly. We ate for a whole hour until we had eaten our way through all give dishes.

After eating supper, we walked side-by-side on the stone sidewalk over to Shaoping to look around. The shadow we two cast gradually go longer and then shorter. From we could see its twisting turning like in the Indian move The Song of Laci. At a store I bought a small bag of peanuts, a bag of fruit drops, and a bag of sweetmeat and put it in younger brother’s sack so that he could bring it home to mother and grandmother. I asked him to take good care of them and tell them that I was doing well and not to let them worry about me.

About 10 PM, we returned to the hospital room. That evening, we two brothers slept on the same mattress. He was already very tired and so fell asleep almost immediately. But I couldn’t get to sleep. I studied his boyish face and felt a flood of worries in my heart. I opened the window overlooking the river. The Jialingjiang’s cool river breeze sobered me up and left me broken-heated.

I had no idea that this gray day would be the last time we two brothers would ever see each other. Our parting at the train station became the last time together until we were forever separated by death.

Chapter Four The Days of Being Struggled — Perversion of the Human Spirit

I worked at Jingkou with the army of laborers and so didn’t get back to school until just a few days before the end of the year. What disturbed me the most was how my classmates, even though we had been apart for over two months, never asked me about my illness. They saw in me some strangeness that was hard to describe. No longer the laughs and the friendly conversations. I was especially worried that I never saw Ma Kaixian. I asked Liu Yuhua when nobody else was around. She answered mysteriously, “You don’t know? You’ll find out eventually.” I felt a hard to express weight on my soul when students from the same dormitory had such a cold attitude towards me.

On the fifth day of the new year 1958, Chen Si and Guo Yinghua called me to a classroom. The handed me the “self criticism” that I had written the previous year. Chen Si in a serious tone of reprimand told me “Do you call that an honest confession? We gave you two whole months to write up but you wasted your chance. In your file you defending yourself but you are also hiding something. How could there be an rightist words or actions in what your wrote?” Guo Yinghua added angrily, “You have such a stubborn attitude that beginning tomorrow you will make a confession to the entire class.” I suddenly felt a pounding in my chest. How could students I had been in class with since middle school suddenly turn on me like that? They had become savages. I thought of how the previous year, during the purge of the Hu Feng counter-revolutionary clique, an upper class student had been put in isolation for reflection. A few days later public security came to detain him and put him in prison. As I thought about that I became very frightened.

On the first day of the criticism meeting they called me up to sit down. All the classmates had obviously held a preparatory meeting behind my back. I noticed that Ma Kaixian wasn’t there. Liu Dakui, a committee member of the Communist Youth League, was the main spokesperson in charge of making accusations against me. He was in the same classroom with me in sixth year of middle school.

We once together stole tomatoes planted in the school’s banana grove. Once we stole a small boat belonging to the school to cross the river and rowed across for a nighttime outing. During winter vacation we had fought wild dogs. In our dormitory we had secretly cooked some “improved meals”. We had even teased a girl in our class who was five years older than we were. We made phony accusations that she was having an affair with our teacher and even broadcast it as news to our entire school on the loudspeaker system.

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Zheng Yongnian:  China Returns to Building a State Ruled by Law

Zheng Yongnian:  China Returns to Building A State Ruled by Law

郑永年:  中国重返法治国家建设

http://www.caogen.com/blog/Infor_detail/62478.html

August 21, 2014

At the highest levels of the Chinese government, no matter how many serious disagreements there are about just what form constitutional government might take, everyone realizes that for the sake of effective political governance, constitutional government is the only choice.

Now that the anti-corruption campaign has been underway for a long time, the Chinese Communist Party has announced that it will focus on a discussion of rule of law at the fourth session of the Eighteenth Party Congress that will be held in October 2014.   This is the first time that this issue has been discussed at a Party Congress.  This will certainly re-ignite the hopes of the many people who had once held great hopes for political reform in China but have been disappointed by the lack of any meaningful political reform up to the present.

Transforming China into a country ruled by law has been the ideal of generations of Chinese for over a century.  There have been many difficulties and twists in turns in the process of realizing this ideal.  The goal of creating a rule of law country was born after the dissolution of the Qing Dynasty.  With the dissolution of the old state, building a new state was a very difficult process.  Making China a rule of law country was not on the agenda then. For many years it was only an ideal.  In the modern era, the primary task of China’s elites has been to build a strong, independent and sovereign state free from incursions by foreign enemies.   China has passed through several principal stages from the dissolution of the Qing Dynasty, the confused battles among the warlords, the unification of China under the Republican government, invasion by foreign enemies (The War of Resistance Against Japan), the civil war between the Nationalist (KMT) Party and the Communist Party, and internal political struggles largely linked to the overriding importance of waging the class struggle.   During these stages, building a state under the rule of law was not the political goal of China’s elites.

After the policy of Reform and Opening began, building a state under the rule of law was finally put on the highest agenda of the ruling party.  In Deng Xiaoping’s time, building a legal system became the core of Chinese political reform.  On the ideological level, the sixteen character policy was put forward – that is, “There must be laws to go by, the laws must be observed and strictly enforced, and lawbreakers must be prosecuted.”  Deng Xiaoping and other leaders repeatedly emphasized the importance of building a legal system.   On the organizational level, the Political and Legal Affairs Commission of the Central Committee of the Chinese Communist Party was established then as the authoritative state organ for promoting the construction of the legal system.

In 1995, the Fifteenth Congress of the Chinese Communist Party formally established rule of law as an overall goal of China’s political reforms.   Although there is just one character difference between “legal system” and “rule by law”.  The change reflected a new stage in China’s development.  The “legal system” signifies establishing and implementing a comprehensive legal system.   “Rule of law”, however, signifies a way to resolve political issues.  That is, the law is no longer merely the tool of the rulers.  Every organization, including the ruling party, must obey the law.  Both the rulers and the ruled must obey the law.

Regrettably, when China entered the new century, building a rule of law country vanished from the reform agenda of the country’s leaders.  Although the leaders did sometimes mention the construction of rule of law, on the practical level they did just the opposite.  Rule of law not only didn’t make progress, in fact it retreated a great deal.  Specifically, the function of the Central Committee’s Political and Legal Affairs Commission quickly changed from promoting the construction of rule of law to becoming an organization that expands the scope of the state organs of force. This was manifested most clearly in the birth and extensive development of systems for maintaining stability.

Nobody denies the importance of social stability.  The issue is what is the foundation upon social stability is built.  If social stability mechanisms leave the track of rule of law and simply rely upon force, the result is creating even more social instability.  Moreover, both the overall concepts for maintaining stability as well as the ideas that guided its implementation went off the track of the rule of law.   Some departments even distorted the idea of the “mass line” and brought it into law enforcement where it became a kind of populism in the legal realm.  This resulted in a situation where the law was compelled to follow public opinion and in which the law could not be enforced when everyone is an offender.

Even more serious, the nature of the departments that utilize force (police, procuratorate, justice) changed.   The most important change was that they became very corrupt.  In the eyes of the people, the principal mission of those departments is to provide ensure safety and social justice in society.  But they became just the opposite.  It is not hard to understand why in the era of “social stabilization” that the relationships among the ruling party, the government, the people, and the state were severely damaged.   Although the goal of the ruling party was to build a harmonious society, Chinese society became less and less harmonious.  Today the Chinese people have very deep distrust in the government and its officials.  This is the result of the high pressure social stabilization policy.

Building Rule of law in China is Difficult

The Chinese people deeply detest the steady spread of corruption in government.  Therefore, since the opening of the Eighteenth Congress of the Chinese Communist Party, the highest level of the Communist Party has been carrying out an intensive anti-corruption campaign.  This anti-corruption campaign is unprecedented.  In just a short time, many officials at all levels have been investigated and punished.  Therefore, many people have said that they fear for China’s future, worrying about whether the anti-corruption campaign will make building rule of law in China even more difficult.  These people feel a great deal of uncertainty.

Actually, faced with the retreat of rule of law, Chinese society has responded in recent years by calling for constitutional government. People have linked constitutional government with the “China Dream”.

Therefore, the great significance of the current anti-corruption campaign is that it represents the ruling party turning back in the direction of building rule of law.   First of all, at the highest levels of China’s leadership,  no matter how much argument there has been amongst them about just what constitutional government should be, they understand that, for the purpose of establishing effective governance, constitutional government is the only choice.  People are against importing into China a carbon copy of western constitutional government.   However, they do believe that China must work hard to build its own model of constitutional government.   Although calls for constitutional government lead to big arguments, nobody denies that importance of rule of law.   In its essence, constitutional government is rule of law.

For society, rule of law can effectively protect the political, economic and social rights of members of society.  While rule of law protects people from violence and terror, there also is no need for protesters and government officials to confront one another by violent means.  Under the social stabilization mechanisms, the rights of the people are not protected and are often violated.  Citizens are forced to present their petitions for redress by unconventional means in response to government officials.  In many cases, this is expressed in violence.

However, building rule of law is difficult.  The ruling party has now once more put the rule of law on its highest agenda.  This is a political precondition for realizing a rule of law society.  During this process there will be very many problems of misunderstanding and political difficulties.  In China, the problem of understanding is manifested in at least three ways.   The first is traditional culture.   Traditional China never developed the spirit of rule of law.  China always stressed “ruling the country according to the law”.  That meant that the rulers use law to govern the country — that is the philosophy of the Legalist School of Chinese philosophy.  Down to this day, this concept is very deep-rooted and widespread.

Ever since the beginning of opening and reform, people have debated “which is more important, the Chinese Communist Party or the law? “  This concern is rooted in traditional thinking.  In fact, one cannot take the system of “party discipline and state laws to mean that Party cadres need only face the sanction of party discipline and are not subject to the punishment of the state’s laws.  In everyday life it doesn’t work that way.  Now the rule of law is being promoted and the Communist Party should also be ruled by the law.   This means that the rule of law needs to be brought into the governance of the Communist Party itself.  Whenever a Party cadre or official commits a crime, they should receive the punishment not just of party discipline but of the laws of the state as well.

The second obstacle to building the rule of law in China is the understanding that “law is a social tool”. That concept is the other side of the idea in traditional culture that “law is the tool of the rulers”.  The Chinese traditional view that “The law does not apply when everyone breaks the law” means that when there are many lawbreakers there is no need to think about the law.   This way of thinking is especially widespread in Asian countries where there is no rule of law tradition.  For example, the Taiwan students can ignore the law and occupy the Legislative Yuan and have behind-the-scenes support from several political parties.  Even Hong Kong which had an English colonial rule of law tradition has become widespread.  Some students and political forces are vigorously promoting the Occupy Central movement.  They hope to achieve their political goal by illegal means.  The China mainland is the same way.  In every social movement, rule of law is the most honest victim.  When it comes to lawyers, we see today how Chinese lawyers depart from the rule of law and appeal to public opinion.

In fact, from the actual meaning of rule of law, the law is not a tool for the ruler and is not a tool for society.   The law is an independent third party.  A judge is a referee and a relatively impartial one at that.   Justice is a platform that supports interactions between persons, between persons and organizations (including the government), and between organizations.   Taking that law simply as a tool of the ruler or a tool of society would both lead to abuse of the law.

Of course, people should not think of justice as simply being impartial.  Justice, no matter as a government agency or as the members of that agency, is all subject to influence by other factors.  They might be influenced by the government or they might be influenced by society.  Western countries are generally regarded as rule of law countries but much experience and research has shown that justice (an in particular the judges in the justice system) cannot avoid the influence of political forces.  So-called impartiality is only relative – it depends upon a professional spirit in the legal profession that demands that they adhere strictly to the standards of their profession above all else.

The third issue of understanding comes from with the question of just how China will establish its own system of rule of law.   For over a hundred years, China’s legal system has been deeply influenced by the West.  Since the beginning of reform and opening, it has been deeply influenced by the United States.  The West in the area of rule of law is ahead of China and so China must study it well.  However, this does not mean that China should import rule of law wholesale from the West.  China must avoid some of the pitfalls of the Western legal system.  For example, the United States often makes the rule of law become the rule of lawyers.  Just like other sectors, the Justice sector cannot ignore its own interests.  Law is the guarantee of social righteousness and fairness.  However one cannot simply assume that lawyers are the embodiment of social righteousness and fairness.  On the contrary, the Justice system can easily become a big interest group.   Lawyers themselves basically put their own personal interests above all else.

In the United States, lawyers have already become a very large interest group.  They are looking out for their own interests.  This results in big social problems.  For example, Americans like to sue one another.   They are also encouraged to sue and don’t like to come to an out-of-court settlement.  The formation of this attitude is linked to the very large number of lawyers in the United States.   While there is indeed the principle of supply and demand but in the American legal world the reality is just the opposite.  The great demand in the justice field in the United States was created by American lawyers acting as an interest group.   Bringing suit in court about anything has however brought the American legal system to the breaking point.  Its efficiency is declining and the social and economic costs are extremely high.

In building the rule of law there are political difficulties including who should do what and what should they do.  The focus of this argument is whether to retain the Political and Legal Affairs Commission.  Among intellectuals, many people have been angry with the Political and Legal Affairs Commission for a long while, as if the Political and Legal Affairs Commission were the biggest obstacle to building rule of law in China.  For some considerable period of time to come, this question will remain with us. People will debate it.  If we put aside the question of whether it should be retained, the most important question facing is how the functions of the Political and Legal Affairs Commission can be changed.  How can it be changed from recent years when it has been an agency for social stabilization to an agency that promotes building the rule of law?

In fact, ever since the Eighteenth Congress of the Chinese Communist Party, the Political and Legal Affairs Commission has been changing in that direction.  Its social stabilization functions it performed previously are become steadily less in evidence and are being replaced with the new concept of “social governance”.  Moreover, the Political and Legal Affairs Commission also made a breakthrough in pushing rule of law reform in a new direction, for example in the reform of the re-education through labor system.   In that field, the Political and Legal Affairs Commission still plays a major role.  As the functions of the Political and Legal Affairs Commission change, both society’s understanding of it and society’s views about it will also gradually change.

The rule of law does not simply descend from heaven.   It is the work of people who build rule of law.  The West spent over one hundred years building rule of law.   Over three decades have passed since China began its Reform and Opening policy.  During those years the road towards building rule of law had gone through many twists and turns.   Circumstances, however, are stronger than people.  Building the rule of law is a big trend because developments in the economy, society and politics are all favorable to building the rule of law.  Once the conditions are ripe — including the ruling party having a strong political will to see it through, members of society holding a scientific view of the concept of rule of law, and the existence of agencies building the rule of law — there will be solid grounds for believing that China too can build its own system of rule of law.

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http://www.caogen.com/blog/Infor_detail/62478.html

郑永年

中国重返法治国家建设

2014-08-21

字号:小中大

在最高的层次,不管人们对宪政抱有多大的争议,要确立有效的政治治理,宪政是唯一的选择。

在大规模的反腐败运动持续了很长一段时间后,中共宣布即将在10月召开的十八届四中全会,将专门讨论依法治国问题。这在中共历次全会中尚属首次,给众多对中国政治改革抱有很高期待 、而至今仍缺失任何有意义的政治改革而感到失望的人们,无疑是希望再燃。

把中国建设成为一个法治国家,是近代以来一代代中国人的理想,但实现这个理想的过程非常困难和曲折。法治国家的目标产生于清王朝解体之后。旧国家解体了,但新国家的建立则是非常 困难的事,法治国家建设更是提不到议事日程,在很长的历史时间里一直只是一个理想而已。近代以来,中国精英的首要任务就是建立一个强大、免于外敌入侵、独立的主权国家。中国基本 上经历了清朝解体、军阀混战、国民政府统一、外敌入侵(抗日战争)、国共内战和1949年之后以阶级斗争为主题的内部政治斗争等几个主要阶段。在这些阶段,法治国家建设并无法成为精 英的政治目标。

改革开放之后,建设法治国家终于正式提到执政党的最高议程上来。在邓小平时代,法制建设是中国政治改革的核心。在思想层面,当时提出了十六字政策,即“有法可依,有法必依,执法 必严,违法必究。”邓小平等领导人反复重申法制建设的重要性。从组织层面,当时设立的中央政法委员会(即政法委),就是为了推进法制建设的权力机构。

到1995年,中共十五大便正式把“法治”确定为国家政治改革的总体目标。“法制”和“法治”,一字之差,表明中国在法治国家建设上的新阶段。“法制”意味着要确立并实施一整套法律 体系,而“法治”则要解决政治问题,即法律不再仅仅是统治者的工具,任何组织包括执政党也必须服从法律——统治者和被统治者都要服从法律。

可惜的是,在进入新世纪之后,法治国家的建设在领导层的改革议程中消失了。尽管高层也不时提到要进行法治建设,但在实际层面,很多作为是相反的,法治不仅没有进步,反而出现了大 倒退。具体地说,中央政法委的功能从推进法治建设,很快就演变成为一个擅长于张扬国家机器暴力面的组织,主要体现在维稳机制的产生和大发展上。

没有人会否认社会稳定的重要性,问题在于社会稳定是建立在什么基础之上。维稳机制脱离了法治的轨道,走上了过度依赖暴力,结果造成了社会的更不稳定。同时,在指导思想和执政思路 上,这段时期也偏离了法治轨道。一些部门曲解“群众路线”,把此引入执法,演变成法律领域的民粹主义,导致了法律必须服从民意、法不责众的情况。

更为严峻的是,暴力部门(公、检、法)本身的性质发生了变化,尤其是变得极其腐败。在人民的眼中,这个部门的本来意义在于提供基本社会安全保障和社会正义,但现在是恰恰相反。不 难理解,在维稳的年代里,执政党和人民、政府和老百姓、国家与社会之间的关系遭到了何等巨大的破坏。尽管执政党的目标是建设和谐社会,但中国社会变得越来越不和谐了。今天人民对 政府及其官员的极端不信任,是和高强度的维稳有关的。

中国建设法治不容易

政府腐败蔓延开来,人们恨之入骨,因此中共十八大之后,中共高层进行了疾风骤雨式的反腐败运动。这个反腐败运动是前所未有的,在短短的时间里,大量的各级官员被查处。因此,也有 很多人出来对中国的未来表达出担忧,对反腐败运动会不会继续破坏中国的法治建设,感到很大的不确定性。

实际上,面临法治退步的局面,中国社会近年来一直在呼吁宪政,并把宪政和“中国梦”结合起来。

从这个意义上说,今天执政党再次转向法治建设,于国家、于社会都会是一种互赢的局面。对执政党来说,其意义是多层面的。首先,在最高的层次,不管人们对宪政抱有多大的争议,要确 立有效的政治治理,宪政是唯一的选择。人们反对中国照搬西方的宪政,但必须努力寻求建设中国本身的宪政。对宪政的呼吁尽管导致了大争论,但并没有人否认法治的重要性。从宪政的最 基本面来说,宪政即法治。

其二,在社会治理层面,前些年的维稳机制已经导致了“越维稳、越不稳定”的局面,要实现对社会的有效治理,必须重新返回到1980年代开始的法制和法治建设。在任何现代社会,法律是 社会治理的制度基础。其三,在强化执政党的合法性方面,法治无疑为人们指出了国家政治发展的大方向,并且能够从理论上说清楚执政党的性质,这必然会成为执政党执政合法性的巨大资 源。

于社会来说,法治能够为社会成员的政治、经济和社会权利提供有效的保护,在免于暴力恐惧的同时,无需诉诸于同样暴力的手段来和政府官员互动。在维稳机制下,老百姓各方面的权利得 不到保障,经常受到侵犯,老百姓也不得不诉诸于其他非正常的手段来应付政府官员,在很多情况下往往体现为暴力。

不过,建设法治并不是件容易的事情。执政党再次把此提升到最高的议程,仅仅是实现法治社会的一个政治前提。在这个过程中,仍然会面临无穷的认知和政治上的困难。在中国,认知的困 难至少表现在三个方面。一是来自传统文化。传统中国并没有发展出法治精神,所强调的是“依法治国”,即统治者使用法律来统治国家,是传统法家的思想。这个理念到今天仍然根深蒂固 ,非常流行。

改革开放以来,人们一直在争论“党大还是法大”的问题,就是对这一传统思维定式的担忧。实际上,不能把“党纪国法”理解成为党的干部只接受党纪的处置,而不受国法的惩罚。在现实 生活中也不是如此。今天提倡法治,也要以法治党,也就是要把法治引入对执政党本身的治理。党的干部官员一旦犯罪,不仅要接受党纪的惩罚,也要接受国法的惩罚。

第二种妨碍中国法治建设的认知是“法是社会的工具”。这种观点是传统文化中“法是统治者的工具”的对立面。中国传统有“法不责众”的说法——只要涉及的人多了,就无须考虑到法律 。这种观念在没有法治传统的亚洲尤其流行。例如,台湾学生可以无视法律来占领立法院,而一些政党则在背后支持。即使具有英国殖民地法治传统的香港,这种观念也在流行开来,一些学 者和政治力量在大力提倡“占领中环”运动,希望通过非法治的方式来实现政治目标。中国大陆更是如此,在每一次较大的社会运动中,法治往往是最廉洁的牺牲品。即使是律师群体,今天 也经常偏离法治而诉诸于民众。

实际上,从法治原来的意义上说,法律既不是统治者的工具,也不是社会的工具。法律是相对独立的第三方,法官就是裁判,是相对中立的裁判。作为第三者,司法是人与人之间、人与组织 (包括政府)之间、组织与组织之间互动的平台,简单地把法律视为无论是统治者还是社会的工具,都会导致法律的滥用。

当然,人们也不能简单地假设司法就是中立。司法,无论作为一种机构还是在这个机构工作的成员,都会受到其他因素的影响,既可以受到政府的影响,也可以受到社会力量的影响。西方一 般被视为是法治国家,但很多经验研究表明,司法(尤其是司法的主体法官)往往不可避免地要受政治力量的影响。所谓的中立只是在相对意义上的,就是要求司法界从业人员严格遵守专业 精神(professionalism),专业精神高于一切。

第三种认知发生在中国如何确立自己的法治体系这一层面。近代以来,中国的法律体系深受西方的影响。改革开放之后,受美国的影响更为深刻。西方在建设法治国家方面领先于中国,中国 须要好好学习。不过,这并不是说中国要照搬照抄西方,中国也必须避免西方法治体系的一些劣势。例如,美国的“以法治国”(rule of law)经常演变成为“律师治国”(rule of  lawyers)。如同其他领域,司法界本身也并非能够超越自己的利益。法律是社会正义和公正的保障,但不能简单地假定律师就是社会正义和公正的化身。相反,司法体制本身很容易演变成为 一个庞大的既得利益集团,律师也是基于自私利益之上的。

在美国,律师已经成为一个庞大的既得利益集团,追求自身的利益,这导致了巨大的社会问题。例如,美国人喜欢打官司,也被鼓励打官司,而不喜欢庭外和解。这种心态的形成和美国拥有 庞大的律师群体有关。照理说是需求创造供应,但在美国的司法界可能相反。大量的司法需求是美国律师作为一个既得利益集团创造出来的。什么事情都要诉诸于司法,反而促成美国的司法 体系不堪重负,不仅效率低下,而且社会经济成本无限高昂。

显然,中国要确立自己的法治体系,在认知层面,既要克服传统的“法律工具论”的思维,也要避免简单地照抄照搬西方的思维。

法治建设也面临实际政治的困难,包括谁来做、怎么做。这里争论的焦点在政法委的存留问题。在知识界,人们对政法委一直有诸多的抱怨,似乎政法委就是阻碍中国法治建设的最大阻碍。 在今后一段时间里,这个问题会长期存留下去,人们对此也会展开争论。如果避开其存留问题不谈,在目前的阶段重要的还是政法委的功能转变问题,就是要从前些年的维稳机制转变为促进 法治建设的机制。

实际上,十八大以来,政法委也在作这方面的转型。往日的维稳功能在不断淡化,被新的概念“社会治理”所取代。同时,政法委也在突出其法治改革的新方向,例如对劳教制度的改革。在 这方面,这个机构仍可大有作为。随着政法委功能的转变,社会对其的认知和看法也会逐渐得到改变。

法治不会从天上掉下来,都是人为建设的结果。西方花了一百多年的时间建立了法治。中国改革开放已经三十多年,法治建设也走过了相当曲折的道路。不过,形势比人强,法治建设是一个 大趋势,因为经济、社会和政治等方方面面的发展都在呼吁法治建设。一旦条件具备,包括执政党所具有的坚强的政治意志、社会成员科学的法治观念、法治建设机构的存在等等,就有充分 的理由相信,中国也能建设成自己的法治体系。

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Prof. Zheng Yongnian: What Does China’s Anti-Corruption Campaign Tell Us?

Another analysis of the corruption problem among Party and government officials in China from Prof.  Zheng Yongnian’s blog.  The continuing corruption crackdown is part of the ongoing efforts at  centralized reform ( 集中式改革) to do something about it.

 Zheng was born in Zhejiang Province,  graduated from Beijing University,  got his PhD in political science from Princeton and now teaches at Singapore National University.    Zheng’s Wiki bio at http://en.wikipedia.org/wiki/Zheng_Yongnian   and Baidu Wiki bio at http://baike.baidu.com/view/947488.htm   This commentary appeared in Singapore’s  United Morning News on August 5.  

 There are many good articles on Professor Zheng’s blog at http://www.caogen.com/blog/index.aspx?ID=66

What Does China’s Anti-Corruption Campaign Tell Us?

By Zheng Yongnian http://www.caogen.com/blog/Infor_detail/62054.html

August 6, 2014

With the case of former Chinese Communist Party Politburo Standing Committee member Zhou Yongkang having been filed and now being examined, the anti-corruption campaign underway since the convening of the Eighteenth Party Congress has is moving towards a new level of intensity.  Although people have been expecting this for some time, it also made public attention in the anti-corruption campaign even greater.

Among the various reaction and reflection being made on this case, three stand out.   First, the Zhou Yongkang case breaks with the Chinese Communist Party tradition of “leaders are not punished”.  From now on, no matter how high an official’s position, if he is corrupt then he will certainly be punished.  Second, ever since the current anti-corruption campaign started, Zhou Yongkang and Xu Caihou of the PLA has been seen by outside world as symbols of the “big tigers”.  Now that these two “big tigers” have been taken care of, some say that the anti-corruption campaign should come to a close.  Third, many people have been calling all along for putting an end to this kind of anti-corruption campaign that is conducted in the style of a political campaign.  These people say that the emphasis should turn to build a new system and that through system building and particularly by promoting rule of law, is the best way to fight corruption.

        These reactions make sense.  We need to reconsider how we do Chinese-style anti-corruption campaigns.   However, all these viewpoints do not reflect an understanding of the core issues that this anti-corruption campaign aims to resolve.   Actually, if we cannot leave behind some traditional thinking about anti-corruption work, it will be hard to do more thorough anti-corruption work and to finally achieve the political objective of creating honest government.

        First, “great men are not punished” has historically been a false proposition.  In the traditional system, except for the Emperor himself, anyone could be punished.   Throughout the history of China’s many dynasties, it has been very rare that any Emperor has had a court in which “great men” were not punished.  In Chinese political philosophy, “great man” is just an idealistic theoretical concept.  In thousands of years of Chinese history, there have been very few officials who met the philosopher’s standard of a “great man”.  China has only the concept of rule by law (法制) (this is official use law to rule the country) but not the concept of rule of law (法治)   (that is the official himself must obey the law).  Corruption and crimes committed by officials often escaped legal sanctions.  However if an official was found to threatening or challenging the dynasty itself, punishment was certain no matter how high the official’s position.  Through China’s history, it is hard to count the numbers of “great men” who have been killed by emperors.  This tradition continued after 1949 in the People’s Republic of China.  In the era before reform, Mao Zedong set off wave after wave of political campaigns.  Disaster befell many “great men”.  Not until the 1990s and the few years since have people thought that there is a “tradition” of not punishing great men.

            The very existence of this false proposition is a fraud foisted upon society and officials.  For society, this has two implications.   On one hand, all “great men” are seen as corrupt as in the expression “all officials are corrupt”.  On the other hand, “great men” cannot be punished.   Many people will express from a moral standpoint their contempt for corruption, but once they themselves get an official position or an opportunity to be corrupt, they become corrupt.   For officials, the two implications are that “great men” will not be punished or that their chances of being punished are smaller.  The other is that “great men” have a natural moral superiority and so “corruption” will not sway their actions.

For thousands of years, this false conception of corruption has in the end harmed not only imperial courts but also the interests of the state and of society.  There is a simple logic behind this.  Officials will seek all sorts of opportunities to maximize their corruption.  Law is merely a convenient tool.   A rule of law society cannot be created under those circumstances.  Regime capacity declines and they are no longer able to provide even minimal services to the people and become unable to make themselves legitimate in the eyes of the people.  Finally, as a result of the interaction of various factors, all regimes ended either in a popular uprising or in a revolution.  Even more tragic was that the new regime, after a period of honest governance, would always sink into the same kinds of corruption as before.  Throughout its history, China has been unable to escape this eternal vicious cycle.

Anti-Corruption Work Has Only Just Begun

The second idea is that once the “big tigers” have been punished that the anti-corruption campaign can come to an end.  There is some history to this idea but it has harmful consequences.  As I have written before in this column, the main goal of this anti-corruption campaign is to oppose oligarchy.   When you look at it from that perspective, the anti-corruption campaign has only just begun.  The campaign should continue and be extended into other areas of oligarchy.  The strong voices that call for anti-corruption work finish up often come from oligarchs in these other areas or from people whose interests are threatened.  They have begun to feel the pressure and worry about their futures.  Therefore they very much want anti-corruption work to “come to an end” so that they themselves won’t end up being targets.

        The voices called for it to “come to an end” also come from foreigners who benefit from corruption in China.  China’s economic development took place after opening and reform began.  Many foreign companies came to China and now have large economic interests.  In recent years, people have been discovering that these international companies with their excellent reputations are also engaged in corruption.  Not only are they corrupt themselves but they also openly search for Chinese corrupt “agents”.  There are many stories circulating about how many companies are always trying to “hire” the children and relatives of high ranking officials.  In fact, many children and relatives of high officials have become the agents of foreign companies in China.  Recently, a report published by a big foreign company stated that China’s anti-corruption campaign would reduce China’s GDP by a certain number of percentage points.  The unstated meaning is that the anti-corruption campaign should come to an end at a suitable time.

        No matter how we look at it, there should be no concept of “coming to an end” in anti-corruption work.  Anti-corruption must be the continuing task of all who govern.  Everywhere in the world, in both democracies and authoritarian states, no system can be guaranteed to be free of corruption.  Different kinds of corruption appear in different countries.  No matter what kind of corruption they face, fighting corruption is a difficult task in all countries.  In China, people often have the idea of “it coming to an end” and in practice it has often worked out that way.  The political function of anti-corruption work has often been prominent in China.  Once political authority has become well-established, anti-corruption work suddenly comes to an end.  This kind of anti-corruption campaign, after some officials have been arrested, often gives “protection” to many other corrupt officials.  Once an anti-corruption campaign begins, some officials will use various ways to get out of the storm path.  Once the storm has passed, they go back to their old ways.  Moreover, this gives the outside world the impression that anti-corruption work for the Chinese Communist Party is merely to do a political campaign for political purposes and not for the sake of establishing honest government.

            The third concept, that the anti-corruption work should focus on system building is a very attractive one and is in fact at the heart of the problem.  However, we need to be on guard against having too simple an understanding of the relationship between anti-corruption campaigns and system building.  This is an issue that needs much more thought.  System building, and especially building rule by law and rule of law, are very important forces for fighting corruption.  Nobody doubts that.  It is just that the defects in our systems leads to the corruption we see today.   Ever since reform and opening began, China has placed great stress on system building.  In fact, several generations of leaders and several government have in fact have been continually building new systems and putting in place new measures for fighting corruption and for establishing honest government.  If we consider only the number of systems and measures, China probably has more of them than any other country in the world.  But why is corruption still rampant?   We come here to an important issue – how can we create the political environment need for the construction of an anti-corruption system.  If we don’t have a basically good political environment, then any kind of anti-corruption system will be useless.

Actually, nobody has grounds for feeling the slightest bit satisfied at the progress of anti-corruption work.  Even more there should be no feeling that now is the time we can slack off a bit.  On the contrary, these cases have revealed to the people the most severe warning conceivable:  evidence of just how bad corruption has made the China’s political environment.

            The current anti-corruption campaign has made clear some very worrying trends.

Only the Tip of the Iceberg has been Discovered

First of all is the breadth of corruption.  The goal of this anti-corruption campaign is to fight both “tigers” and “flies”.   But people are discovering that “tigers” and “flies” have spread widely to every department and every level of Party and government organizations including the military.  Thus far, the anti-corruption campaign has only affected a few departments.  However, from the extent of corruption in those departments, it is easy for people to conclude that the corruption discovered up to the present is only the tip of the iceberg.

Next comes the issue of the depth of corruption.  Corruption has already penetrated to the power centers at every level of leadership.  The corruption of local “top leaders” is nothing new.  For many years it has been the biggest headache of the regime.  But today corruption has already penetrated the Communist Party Politburo Standing Committee and the Central Military Commission – that is the very core of the Central Committee of the ruling party.  What will be the consequences of corruption at the power centers?  That is a question in everyone’s mind.

        The third issue is the number of corruption cases.  Without getting into other forms of corruption as for example the abuse of power and infringing on the human rights of the people, if we just address the economic scale of corruption, the scale of official corruption has become so large that it goes beyond rational understanding.  People can comprehend that someone might steal several millions or tens of millions because that amount of money can be put to practical use such as a luxurious lifestyle or purposes such as accumulating some wealth for the next generation.  However, when corruption reaches the scale of billions, tens of billions or even hundreds of billions, this is not something that we can comprehend.  That is because that amount of money does not have instrumental use.  In fact, even the corrupt person can’t understand that vast a scale of corruption.

Fourth, and even more important, is that today’s corruption has an oligarchic nature.  That does not mean that there is an oligarch behind every corruption case.  Many cases of corruption on the “fly” level do not involve that.  However, oligarchic corruption has already become the main form of corruption in China today.  During the process of transition from the planned economy to the market economy, economic oligarchs become a reality.  In that respect, China resembles the transitional society of some former communist states such as the Russian Federation, Ukraine and of Eastern Europe.  Moreover, economic oligarchy is a problem facing most countries of the world now.  The problem in China is that these economic oligarchs have started to transform themselves into political oligarchs.   When economic oligarchs mobilize their vast resources to interfere in politics, the overall interests and even the survival of the ruling party are directly threatened.  In recent years, many of the challenges of high level politics have been connected to oligarchs.

        Heretofore, leaders have all said corruption is a matter than can destroy the Communist Party and destroy the state.  However, people have understood this as simply a warning to civil servants and officials.  However the corruption cases revealed now deliver a clear message.  The process of corruption “destroying the Communist Party and destroying the state” is definitely already underway.   Clearly, if this problem is not resolved, we are not far away from the point where the Communist Party and the state will be destroyed.  Even more important, after the Communist Party and the state have been destroyed, China will not be able to avoid becoming what Westerners call a “failed state” and a hopeless society.   This has happened before in history.

Some Chinese Communist Party members used to say this about reform — if it (the Communist Party) does not reform, it will be destroyed and if it reforms, it will be destroyed even faster.  That is making excuses for corruption and is just an excuse for leaders to shirk their responsibilities.   Communist Party governance does have another characteristic however.   As long as the leaders are strongly determined to fight corruption, they will be able to mobilize far more people than the profiteers and the oligarchs can.   Overcoming their strong resistance and pushing forward reforms is the way to create a regime that can govern in peace indefinitely.  Today China has already taken the first step.  I am confident that it can continue moving forward.

郑永年  

中国模式 – 郑永年首页

中国反腐败运动揭示什么?

2014-08-06

随着前中共政治局常委周永康被立案审查,中共十八大以来的反腐败运动走向了一个新的高潮。尽管这件事情人们等待已久,但仍然引出了人们对中国反腐败运动的新一轮的关注。

  在各种各样的反应和反思中,有三点显得特别显著。第一,周永康案终于打破了中共“刑不上大夫”的传统,从今以后,不管官员的地位有多高,只要发现腐败,就一定会得到惩处。第二,自从这次反腐败运动开始以来,周永康和军中的徐才厚一直被外界视为是“大老虎”的标志性人物。现在随着这两只“大老虎”的被处置,反腐败运动应当告一个段落了。第三,也有很多人一直在呼吁,有关部门应当停止这一政治运动式的反腐败运动,把重点转向建立新的制度,因为通过制度建设尤其是法治建设,反腐败才是最牢靠的。

  这些反应并非没有道理,对中国式反腐败运动的反思也很重要。不过,这些都并没有理解这次反腐败所要解决的核心问题。实际上,如果人们不能超越反腐败问题上的一些传统思维,就很难把反腐败运动深入下去,最终实现建设清廉政府的政治目标。

  首先,“刑不上大夫”历来就只是一个假命题。在传统体制下,除了皇帝,谁都可以上刑,历朝历代,很少能够发现一个朝廷没有对“大夫”上刑的。在中国的政治哲学中,“大夫”只是一个理想的理论假设,数千年的历史中,符合“大夫”哲学标准的官员少而又少。中国只有“法制”的观念(即官员使用法律来统治国家),而没有“法治”的观念(即官员自身也必须服从法律)。官员腐败和犯罪经常能够逃避法律的制裁。不过,任何官员一旦被发现对王朝本身构成危害和挑战的时候,不管其地位有多高,“上刑”是必然的结果。历史上,皇帝所杀的“大夫”难以计数。这种传统也延续到1949年之后的中华人民共和国。在改革开放之前的年代,毛泽东发动了一波又一波的政治运动,又有多少的“大夫”遭殃呢!只有到了上世纪90年代之后的短暂时间里,才有现在人们所谓的“刑不上大夫”的“传统”。

  实际上,这个假命题的存在,于社会、于官员都是一种欺骗。于社会,这里隐含着两方面的暗示,一方面,所有“大夫”都是腐败的,所谓的“无官不贪”;另一方面,“大夫”们是不会得到惩治的。很多社会成员,在道德上往往对腐败表现出深恶痛绝,但一旦自己得到一个官位或者腐败的机会,照样腐败。于官员,这个概念也隐含了两个暗示,一方面,“大夫”的腐败不会得到惩罚或者得到惩罚的机会比较少;另一方面,“大夫”具有天然的“道德优越”性,“腐败”无足轻重。

  数千年以来,在腐败方面的这些虚假的认知,最终的受害者便是朝廷,或者是国家和社会的整体利益。逻辑很简单,官员找各种机会腐败,追求腐败的最大化;法律仅仅只是一种方便的政治工具,法治社会建立不起来;政权能力低下,既没有能力为老百姓提供最低限度的服务,也没有能够在老百姓眼中确立合法性;最终在各种因素互相影响之下,都会以老百姓造反或者革命的方式来结局。更为可悲的是,新确立的政权在最初清廉一段时间之后,也往往走向同样的腐败。这是中国历史的一个永远走不出来的恶性循环。

  反腐败其实刚刚开始

  第二种观点,即在“大老虎”被惩治之后,反腐败运动应当告一个段落了,有其深刻的背景,其结果也是有害的。本栏曾经论述过,这次反腐败的主题是反寡头。从这个角度来说,反腐败其实刚刚开始,应当继续延伸到其他更多的寡头领域。力主反腐败应当告一个段落的声音,往往来自这些其他寡头领域,或者既得利益。他们开始感觉到压力,忧虑自己的未来,因此非常希望反腐败能够告一个“段落”,不会动到他们的头上去。

  “告一段落”的声音也来自海外在中国的既得利益。中国的经济发展是在开放状态下取得的,众多的国际大公司也已经在中国确立了庞大的既得利益。近年来,人们不断发现,这些在国际上享有良好声誉的国际公司也在中国践行腐败。不仅自己腐败,而且更是公然地在中国寻找腐败的“代理人”。很多公司一直在公然“招聘”中国高干子弟的故事广为流行,大量的高干子弟也的确已经成为外国公司的中国代理人。前不久,更有外国大公司出版分析报告说,中国的反腐败运动会拖累中国经济多少个百分点。言外之意就是说,反腐败运动要适可而止了。

  反腐败的确会影响到经济,例如官员的公费消费下降了,那些通过行贿等不正当手段的投资项目减少了等等。不过,这些只涉及到短期的微小调整,长远来说可以营造经济可持续发展的理想环境。不管怎样,没有人希望中国经济增长是建立在腐败之上的,也没有人会相信腐败可使中国的经济增长实现可持续性。

  无论从哪个角度来看,反腐败不应当有“段落”的概念,这应当是所有执政者一件永恒的事业。在世界范围内,今天无论是民主政体还是权威政体,没有一个制度可以保障不出现腐败,不同国家面临不同形式的腐败,但一样都面临着反腐败的艰巨任务。在中国,人们经常存在“段落”的观念,实践上也经常是这样。反腐败因此往往突出其政治功能,等到现政权巩固权力了,反腐败运动就会嘎然而止。这种反腐败运动在抓了一批官员之后,往往为更多的腐败官员提供了“庇护”。运动一来,一些官员就想各种办法来避风,一阵风过去之后,照样腐败。同时,这种观念也给外界一种印象,即中共的反腐败仅仅是为了政治需要的政治运动,而并非要建立清廉政府。

  第三个观点,即反腐败的重点在于制度建设,这很有吸引力,也的确是问题的关键。不过,对反腐败运动和制度建设之间的关系不能做简单的理解,而是要做更多的反思。制度建设尤其是法制和法治的建设,对反腐败最为重要,没有人会怀疑这一点。正是各项制度的不健全,才导致了今日的腐败。不过,改革开放以来,也很难说中国没有强调制度建设。事实上,中国历届领导层和历届政府,都想在反腐败和建立廉洁政府方面有所作为,并且也一直在增加反腐败的力度,并不断增加反腐败的制度机制。从反腐败所设置的机构数量来说,中国可以说已经是世界上最庞大的。但为什么腐败还是我行我素呢?这里涉及到一个更为重要的问题,即反腐败制度建设的政治环境问题,在没有一个基本良好的政治环境的时候,任何反腐败的制度建设都会无济于事。

  实际上,人们没有任何理由可以为近来反腐败所取得的进展,感到一点点高兴,更不应该感觉轻松起来。恰恰相反,这些案例的揭露已经向人们提出了最为严重的警告:腐败已经使中国的政治生态恶化到什么程度了?

  这次反腐败运动到目前为止,已经揭示出几个非常令人担忧的趋势。

  被发现的仅冰山一角

  首先是腐败的广度。这次反腐败的目标是既打“老虎”,也打“苍蝇”,但人们发现“老虎、苍蝇”已经扩展到包括军队在内的各个部门和各级党政机构。到今天为止,反腐败运动还只是涉及到有限的几个部门,但从这些部门腐败的广度来看,人们不难得出结论,现在所发现的腐败仅是冰山一角。

  其次是腐败的深度。腐败已经深入到各级领导的权力核心。地方“一把手”腐败的情形并不新鲜,也是很多年来当局一直最为头痛的关切对象。但现在的腐败已经深入到政治局常委和中央军委,也就是执政党中央的核心领域。权力核心的腐败的结局是什么?这是一个谁都明白的问题。

  其三是腐败的数量。且不说其他方面的腐败,例如权力滥用、侵犯老百姓人权等,光是就腐败所涉及的经济规模来说,官员的腐败已经不是人类理性所能理解的了。人们可以理性地假定,贪污数百万甚至几千万还可以理解,因为这个数量还可以体现出一些具体的功用,例如过着豪华奢侈的生活,为下一代积累一些“财富”等。但当腐败涉及到数十个亿、数百亿、甚至数千亿的时候,就不是人类理性所能理解的,因为这个数量已经没有任何具体的功用。实际上,这样的腐败数量恐怕连这些腐败者自己也不能理解。

  其四,也更为重要的是,现在的腐败具有寡头性质。这并不是说,所有的腐败案例都具有寡头背景,很多“苍蝇”层面的腐败并非如此。不过,寡头腐败已经成为今天中国腐败的主要形式。在从计划经济到市场经济的转型过程中,经济寡头俨然已经成为现实。在这个方面,中国和其他前共产主义转型社会例如俄罗斯、乌克兰和东欧的一些国家并无多少差别。同时,经济寡头也是世界上大多数国家所面临的共同问题。中国的问题在于,这些经济寡头要开始转型到政治寡头。当经济寡头动用其庞大的经济力量来干预政治时,执政党的整体利益甚至生存就面临直接的挑战。这些年来,高层政治所面临的很多挑战都和寡头有关。

  之前,历届高层领导也都会说,腐败要亡党亡国,但当时人们对此的理解是,这样说无非是要对干部官员做一个警告作用。不过,现在所揭露出来的腐败案例,已经向人们传达一个明确的信息——由腐败所导致的“亡党亡国”过程的确已经开始。很显然,如果不整治,离亡党亡国也就不远了。更为重要的是,亡党亡国之后,中国不可避免地要演变成为西方所说的“失败国家”和一个无奈的社会。这种情形在历史上并不是没有发生过。

  从前中共党内有一个流行的观念,即(共产党)不改革要亡,改革也要亡,而改革比不改革亡得更快。这既是对腐败最好的辩解,更是执政者不负责任的推辞。可是,中共政治还有一个显著特点,那就是只要领导者对反腐败有坚强的意志,就能动员起远远大于既得利益和寡头的能力,克服后者的强大阻力,把改革推向前去,实现长治久安。今天,中国已经走出了第一步,也相信能够继续走下去。

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Prof. Zheng Yongnian Fighting Corruption and China’s Second Political Revolution

Interesting article on China’s current anti-corruption campaign and what it all means by Zheng Yongnian. Zheng was born in Zhejiang, graduated from Beijing University, got a PhD in political science from Princeton and now teaches at Singapore National University. Wiki bio at http://en.wikipedia.org/wiki/Zheng_Yongnian

郑永年:反腐败与中国第二次政治革命

By Zheng Yongnian Fighting Corruption and China’s Second Political Revolution

– Singapore National University, East Asian Institute Chair

博主:朱民志  发表时间:2014-08-12 13:01:49

http://baijiaxuan.bokerb.com/blog.php?do=blog&event=view&ids=566439

Corruption in China has now reached a scale that threatens the survival of both the Chinese Communist Party and the PRC state. People always talk about building institutions yet corruption is a product of institutions. Corruption is thus the result of the operation of current institutions – economic, political and administrative. If anti-corruption institutions are not in place, corruption cannot be stopped effectively, much less rooted out. In this sense, all countries will take an institutional approach to punishing corruption, preventing corruption, and establishing an honest government.

Yet China has been building institutions to fight corruption since the opening and reform policy began in 1978. China may well have more and larger scale systems to fight corruption than any other country. Every generation of Chinese Communist Party leadership and every PRC government have increased the number of institutions and mechanisms to fight corruption. So we need to the relation between anti-corruption campaigns and institution building and not simply expect the system to solve the problem of corruption.

In the overall strategy in China’s current anti-corruption campaign – first treat the symptoms and only then cure the disease — makes a great deal of political sense. In fact, corruption has become so serious that curing the disease would be difficult without treating the symptoms first. Every system is built by people and operated by people. Any institution, if it is built by corrupt people or operated by corrupt people, will turn a system that theoretically is well-designed to prevent corruption into a corrupt system. Since the 1980s, China has established many systems to fight corruption but many of the people who run these systems, and indeed the people fighting corruption, are corrupt themselves. Corruption flourishes as a result.

Looking at the problem from this perspective, we should not underestimate the effectiveness of anti-corruption campaigns. Where corruption runs deep, anti-corruption campaigns can help to create a better political situation. Only in an improved political situation will it be possible to build a system that can effectively fight and prevent corruption. The process would run like this: first run a campaign to clean up some particularly egregious corruption and create a good environment for institution building, then create a system and put mechanisms in place for opposing and preventing corruption that meets the needs of the day. Finally, use the institutions and mechanisms to guarantee honesty in government.

Corruption in China’s Communist Party Runs from the Top to the Bottom

Naturally the anti-corruption campaign should not be presented as just a political campaign. The current anti-corruption campaign, although it appears to resemble the anti-corruption campaigns of the past, has already broken the mold in at least three ways. First, this anti-corruption campaign is not a populist mass movement. In fact, the space allowed for a mass inspired bottom-up anti-corruption campaign through the Internet has been tightened very greatly. This is particularly evident when we reflect how in past years Chinese people spontaneously created anti-corruption by agitation on the internet. That had become almost the predominant type of anti-corruption campaign. But no more.

The present anti-corruption campaign, however, is a top-down anti-corruption campaign conducted within the Chinese Communist Party. Although enterprises are sometimes involved in specific cases, this campaign is aimed at Communist Party and government officials, and particularly at high-ranking officials. The concept of the anti-corruption campaign itself is not problematical; the issue is whether the campaign is conducted according to the law. Democratic countries also have anti-corruption campaigns. This campaign has tended to be put on a legal basis more than previous anti-corruption campaigns. In any institutional environment, corruption will tend to accumulate and so a campaign will be needed to clean things up. The format of the anti-corruption campaign does not necessarily conflict with rule by law as long as the anti-corruption campaign is conducted in the spirit of rule by law.

Building institutions to fight and prevent corruption is important. To judge by formal structures and their numbers, China has already has these. However, there is much room for improvement, particularly in the effectiveness and authoritativeness of these institutions. First of all, China has too many institutions for fighting and preventing corruption. The problem is that its internal mechanism is too diverse and scattered. The corruption prevention and fighting system is not an integrated whole and lacks coordination. Political responsibility is not defined clearly. The various institutions checkmate one another and shirk responsibility so that is a great deal of waste. This leaves a lot of space that creates opportunities for corrupt elements.

Up to the present, anti-corruption institutions have lacked authority. This has been a serious weakness since these campaigns were in the form of the ‘right hand fights corruption of the left hand’ and the ‘left hand prevents corruption in the right hand’. The same level of Party Committee or government would both be leading and be the object of anti-corruption campaigns. They would be in charge of preventing and fighting their own corruption. This kind of system design is bound to fail. A situation in which each level of Party Committee leads its own anti-corruption campaign creates a situation in which the Party Committee itself is the root of corruption. Allowing each level of Communist Party Committee to guide its own anti-corruption work is creating a situation like the old saying of the robbers who clumsily defend themselves by saying “The 300 taels of silver aren’t buried here!”

These two improvements – authority and higher levels inspect lower levels – have made the anti-corruption campaigns conducted since the 18th Congress of the Chinese Communist Party more vigorous and more effective than previous campaigns. First, the old problem that nobody is in charge of the anti-corruption campaign has been resolved. Now everyone in China knows who is in charge of anti-corruption work and to whom corruption should be reported. Moreover, this campaign has strengthened the authority of the Central Disciplinary and Inspection Commission of the Chinese Communist Party Central Committee. Today, we can see that that subordinate organizations of the Central Disciplinary Commission have been placed in anti-corruption organizations. Central Disciplinary and Inspection Commission personnel dispatched to all levels of the leading departments and commissions of the Central Committee and central government are in charge of anti-corruption work. Unlike in the past, the leading Party and government departments and commissions are no longer in charge of fighting their own corruption.

The system being implemented now is “manage the next lower level”. That is, anti-corruption work at the provincial level is being carried out by the Disciplinary and Inspection Commission of the Central Committee of the Chinese Communist Party. This breaks with the old system in which each provincial committee did its own anti-corruption work. If it hadn’t been for these two changes in the system, it would be hard to imagine how officials at each level from the flies to the tigers could be investigated. After this anti-corruption campaign is over, these innovations need to be institutionalized and strengthened.

Even if these reforms should succeed, we should not overly idealize the importance of institutionalizing corruption prevention and anti-corruption work. We can’t pin all our hopes on it. International experience shows that honesty in government requires not just effective institutions and mechanisms for preventing and fighting corruption but also that they work together well. They also need to coordinate with other economic, social, administrative institutions and arrangements. How can China today, make all these institutions be made to work harmoniously together to fight corruption? This is a big systems engineering problem. Here we can only touch on a few aspects of it.

The reform of the economic system means eliminating the institutional foundations of the economic oligarchs. The third session of the 18th Congress of the Chinese Communist Party made “marketization” the goal of enterprise reform. Marketization means that enterprises operations will be transparent and open. Under the 1990s policy of “keeping the big state enterprises and selling off the smaller ones” big groups of state owned enterprises were organized. This was the correct policy direction but marketization was not achieved. The result has been that today these state-owned enterprises have turned into the family businesses of high officials. These businesses operate in a highly monopolistic fashion. They are very closed in both hiring and promotions.

The Closed Networks of State Enterprises

Take any Chinese state enterprise. You will easily discover that its management layers from top to bottom are filled with the relatives and friends of officials. An ordinary person, even if they are extraordinarily talented, has a hard time penetrating the networks of the state enterprises. The barriers between social classes in Chinese society are getting harder to penetrate. The closed nature of state enterprises is one reason for this. If the family business nature of state enterprises does not change, it will be very hard to make it more open.

In the economic realm, establishing a budgeting system is equally important for fighting corruption and promoting honesty in government. In recent years, establishing a budget system has been the precondition for any country to promote honesty in government. The budget is the blood of the government system. If you can control the blood flow, then you will be able to prevent and fight corruption. Therefore government needs to prove how every penny is spent. This makes it easy to understand why accounting, auditing and other work involving quantitative measures are among the most important professions in any developed country. From this perspective, today’s China has not yet developed a budgeting system in the modern sense.

In China, the so-called budget mostly is an indication of how fiscal resources have been politically and administratively allocated. In other words, how political and administrative power are used to get budget resources. The methods of allocating and actually distributing resources are not transparent. A Chinese leader can have astronomical budgetary resources at his disposal to an extent that is unimaginable in other modern countries. China has never developed a modern auditing system and so control of budgetary resources is done by political means. In the absence of a modern budget system, even the biggest anti-corruption campaign cannot be effective.

Reducing and controlling the power of officials is the way forward in administrative reform. “We need to confine power to a box”. If officials have too much power, it will be very hard to make a box for it. Even more important are reducing the official powers and the scope of authority of government officials. This means that government must delegate to lower levels the authority to make administrative approvals. Authority should be delegated to enterprises and to people in society. If much power is delegated to enterprises and people in society, that it will be much easier to put the authority of the government in a box.

Reforming society is just as important. Corruption is often the result of abuse of official power, seeking rents from power, or seeking special privileges. The various privileges that officials have in various fields need to be curtailed and controlled. But this no magic bullet. The experience of many countries shows that the socialization of “special privileges” is very important. Every citizen, including officials, should enjoy a good social security system. If not, official will constantly scheme to get special privileges for which they can collect rents. Civil servants need earn a rate of pay that can assure them a decent standard of living. If they don’t earn decent pay, then that will affect their motivation to do their jobs and make them create “hidden rules” that will enable them to extract rents in exchange for power.

This moment in China’s current political ecology now is an historic opportunity to fight corruption. It is also an historic opportunity to establish a system to prevent and to fight corruption. This is not merely because corruption has reached a serious extent but also because now a new generation of leaders is taking charge. If this new generation of leaders can fight corruption, there is no guarantee that the succeeding generation will do so as well. There is no excuse for the present generation of leaders to shirk their responsibilities.

Most important off all, Chinese politics is now at a turning point. If the current corrupt political ecology does not change, three kinds of bad consequences could result.

• First, the regime could gradually turn into a right-wing dictatorship as economic oligarchs become political oligarchs.
• Second, the regime could gradually turn to populism as it loses its basic legitimacy, the people rise up in revolt and a new revolutionary regime is created.
• Third, the regime could change into right wing populism as the political oligarchs and the economic oligarchs join forces just as they have in Ukraine today – one oligarch, one party, multiple political parties mobilizing their supporters in vicious fighting.

Naturally, different historical circumstances will produce different results or even a vicious cycle running through each of these possibilities.

Fighting corruption remains a long-term task. China needs to seize its opportunity to conduct a large scale and continuing anti-corruption movement and to build a new system of institutions that will prevent and fight corruption. If China succeeds, people will call it “China’s second political revolution”.

The author is the chair of the Singapore National University’s East Asian Institute
August 12, 2014 United Morning News

2014年08月12日联合早报网


 

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郑永年:反腐败与中国第二次政治革命

博主:朱民志  发表时间:2014-08-12 13:01:49

中国的腐败已经发展到亡党亡国的程度。怎么办?人们指向制度建设。腐败是制度的产物。首先,腐败是现存制度运作的结果,包括经济、行政和政治体制在内的很多制度。其次,反腐败的制度不作为,不能有效遏止腐败,更不用说是根除腐败了。正是在这个意义上,所有国家都会从制度入手来惩治腐败和预防腐败,确立清廉政府。

但是,对反腐败的制度建设的考量不能过于简单。中国自改革开放以来,并非没有制度建设。论反腐败制度的规模和数量,中国可能比任何国家都要大、要多。每一代领导人、每一届政府都会增加一些制度和机制。这里就需要比较现实地理解反腐败运动和制度建设之间的关系,而不是简单地企求制度来解决所有腐败的问题。

这次反腐败的总体策略是先治标,后治本,这有很大的政治理性。从实际情况看,腐败已经发展到不治标就难以治本的地步。首先需要治标,就是要为反腐败制度的确立,营造一个良好的政治生态环境。任何制度都是由人来建立的,也是由人来运作的。任何一项制度如果让腐败者来建立,让腐败者来操作,理论上最健全的制度也会演变成腐败的制度。从80年代到今天,中国建立了那么多反腐败制度机制,但占据这些制度的人或者反腐败者本身,往往也很腐败。结果,腐败仍然大行其道。

从这个角度看,不能低估运动式反腐败的作用,通过荡涤大面积的深度腐败局面,造就一种较好的政治生态。只有在一种比较好的政治生态之下,才能确立有效的反腐败和预防腐败的制度。这里的过程是:用运动来清除大面积的腐败,确立良好的制度建设环境;确立一套符合时代需要的反腐败和预防腐败制度机制;用制度机制来保障清廉政府。

党内自上而下反腐败

当然,反腐败运动本身并不能表现为仅仅是政治运动。这次反腐败尽管表现出运动形式,但已经超越以往传统的政治运动形式。至少表现为三个方面。第一,反腐败并没有表现为民粹主义式的群众运动。实际上,从一定程度看,自下而上的群众反腐败空间已经有很大的收缩,这尤其表现在通过互联网的社会反腐败。在过去很多年里,老百姓通过互联网工具的自发反腐败运动,曾经扮演了很重要的角色,几乎有成为主体的趋势。

但这次反腐败的主体,乃是自上而下的党内反腐败运动。其次,在各类腐败案例中,尽管企业界也卷入其中,但除了少数案例,这次反腐败的对象主体是党政官员,尤其是高级官员。再次,这次反腐败运动已经倾向于在法治基础之上。反腐败的运动性质本身并没有可以质疑的,问题在于这样的运动是否有法律的基础。即使在民主国家,反腐败也往往体现为运动式的。不管在怎样的制度环境下,腐败积累久了,就需要用运动来加以整治。运动式的反腐败和法治也并没有必然的矛盾,只要反腐败运动是基于法治精神基础之上。

反腐败和预防腐败的制度建设很重要,从形式和数量上看,中国都已经具备了,但仍存在着巨大的改进空间,主要是制度的有效性和权威性。首先,中国之前反腐败和预防腐败的制度数量过多,也就是内部制度过分多元化和分散化,制度机制之间缺少整合和协调,没有确立起政治责任制。各机构之间互相制约、推卸责任,在造成了巨大的制度浪费的同时,为腐败分子创造了很多机会。

就反腐败和预防腐败制度的权威性来说,直到这次反腐败运动,基本上不存在制度的权威性。例如,制度机制都表现为“左手反右手”、“左手预防右手”的形式,同一级党委和政府,自己负责自己的反腐败和预防腐败。这种设计必然导致制度失效。让各级党委来主导自己的反腐败,就会造成这个党委本身是腐败的制度根源,让各级党委来主导自己的预防腐败,就会造成“此地无银三百两”的情形。

中共十八大以来的反腐败之所以比历次运动有效、有力,主要是因为这两方面的改进。首先是这次反腐败主要是由中纪委来主导,中纪委成为唯一的反腐败运动权力中心,改变了原来无人负责的情形。现在全国的老百姓都知道谁在负责反腐败,发现了腐败应当找谁去。其次,这个设置也确立了中纪委的权威。从横向看,中纪委派驻反腐败机构和人员进驻中央各领导部门和部委,而不是像从前那样,各领导部门和部委自己的腐败自己反。

从纵向看,现在实行的是“下管一级”制度,就是省一级的反腐败运动直接由中纪委来进行,也改变了以往省委自己的腐败自己反的局面。如果没有这两方面的制度变化,很难想象能够查处从“苍蝇”到国家领导人级别的“大老虎”的各级官员。可以预见,在这次大规模的反腐败运动过后,这些有效的制度会更加制度化,得到巩固。

即使是这样,也不应当把反腐败和预防腐败的制度过于理想化,把所有的希望寄托在制度上,使其不堪重负。国际经验表明,一个清廉的政府不仅需要有效的反腐败和预防腐败制度机制,更需要经济、社会、行政体制等多方面的配合和协调。就目前的中国来说,其他的体制如何能够配合反腐败呢?这是一个复杂和系统的工程,这里只能涉及到几个基本面。

经济体制改革就是要消除经济寡头的制度基础。中共十八届三中全会把“市场化”确定为企业改革的目标,就是这个方向。市场化就是企业运作的公开透明和开放性。就国有企业来说,90年代的“抓大放小”组建了诸多大型的国有企业集团,这个方向是对的,但市场化并没有到位。发展到今天,国有企业已经俨然成为高官家族的企业,其经营方式具有高度的垄断性,其录用人才的方式具有高度的封闭性。

难以进入的国企关系网

任意拿出一个国有企业集团,不难发现自上到下的管理层,都是官员的亲戚朋友,一般社会成员,即使是最好的人才,也难以进入国企的关系网。中国社会阶层现在变得越来越具有排他性,国有企业的封闭性是一个重要因素。国有企业集团的家族性不改变,很难促成它们的开放性。

在经济领域,预算制度的确立也同样重要,对反腐败和建立清廉政府,具有其他制度不可替代的作用。近代以来,预算制度的确立是所有国家建立清廉政府的制度前提。预算是政府体制运作的血液,控制了血液,就能预防和控制腐败。所以,政府需要论证每一分钱、每一毛钱、每一元钱的用途。很容易理解为什么会计和审计等计算事业,是发达国家最重要的几个职业。从这个角度来看,今天的中国还没有近代意义上的预算制度。

在中国,所谓的预算更多的是表现为对财政资源的政治和行政分配,或者用政治和行政权力来获取预算资源,并且分配和获取的方式也不公开透明。中国的一个领导人可以接触到天文数字的预算资源,这种情况在其他现代国家难以想象。中国始终没有发展出近代会计和审计制度,控制仍然倾向于使用政治手段。在没有现代预算制度的情况下,最大的反腐败运动也会是无效的。

就行政体制改革来说,就是要减少和控制官员的权力。“要把权力关在笼子里”,但如果官员手中掌握着太多的权力,这个笼子很难做。更为重要的是要减少权力,限定政府官员的权力范围。这就要求政府要大力下放行政审批权,把权力下放到企业和社会中去。把权力放到企业和社会中去的时候,政府本身的权力笼子就比较好做了。

社会改革也同样重要。腐败往往是滥用公权力、权力寻租和追求特权所致。因此要减少和控制官员在各个领域的各种特权,包括社会保障、医疗、住房、教育等等。现在公车改革已经开始,但必须逐渐延伸到其他各个领域,但不可以过于理想化。各国经验表明,“特权”的社会化非常重要,也就是要建立所有公民,包括官员在内都能享受的良好社会保障体系。如果没有,官员照样会千方百计地去搞权力寻租。公务员也必须拥有能够过体面生活的工资水平。公务员没有体面的工资水平,既会影响到他们的工作动力,更为促成他们通过“潜规则”来做权力寻租。

从中国现实的政治生态看,现在是反腐败的一个历史机遇,也是确立反腐败和预防腐败制度的一个历史机遇。这不仅是因为腐败已经演变到那么严峻的状态,更是因为领导层代际变化的原因。这一代领导层能够反腐败,不见得下一代领导人也能够这样做。现任领导层没有任何推卸责任的道理。

更为重要的是,中国的政治正处于一个转型之际,如果现在的腐败政治生态得不到改变,就可能出现三种恶劣的情形。第一,政权逐渐演变成右派专制统治,即经济寡头顺利地转型成为政治寡头。第二,政权逐渐演变成民粹主义,即政权失去基本的合法性,老百姓起来造反,再次出现革命性的政权。第三,政权演变成右派民粹主义,即寡头政治和社会力量结合起来,类似于今天的乌克兰的情形,一个寡头,一个政党,各政党鼓动自己的支持力量,互相恶斗。当然,在不同历史时期,也会出现这三者恶性循环的状态。

反腐败依然任重而道远。中国需要以大规模、持续的反腐败运动为契机,确立新的反腐败和预防腐败的制度体系。如果成功了,人们可以称之为中国的“第二次政治革命”。

作者是新加坡国大东亚所所长

2014年08月12日联合早报网

发表在 社会, 政治 | Tagged , , , , , , , , | 发表评论

Reported, then Censored: Chinese Media on PRC Bank of China and Money Laundering

State Media: Bank of China Engages in Money Laundering
The state’s media, China Central Television (CCTV), reported that the Bank of China, one of the four major state banks, engages in money laundering. In violation of government control of cross-border fund transfers, it transfers large amounts of cash abroad for clients who plan to emigrate overseas.
“‘Regardless of where and how you get your money, we can help you get it out [of China].’ The staff from a Bank of China branch said that it does not matter how black or dishonorable the money is; the bank has a way to clean it and get it overseas safely.”
At a recent immigration expo in Beijing, an immigration agent explained that due to government control of fund transfers by individuals, one may be able to transfer up to $50,000 a year. In order to apply for investment immigration, one must transfer large amounts to accounts designated by foreign governments. To do that, one must go to the Bank of China. The Bank of China representative at the expo confirmed this information. “We help you convert such a large amount [of yuan] into foreign currencies and transfer it out in one transaction. That is the step we handle.” According to CCTV, the Bank of China charges its clients a 0.3 to 0.4 percent handling fee for these types of transfers.
Source: Xinhua, July 9, 2014

央视曝光中行造假洗黑钱 员工称多黑的钱都能洗白

2014年07月09日 13:26:57 来源:央视网 <!–我有话说–>

 

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  “我们不管您的钱从哪来,怎么来的,都可以帮您弄出去”中国银行某支行的工作人员称,别管您的钱有多黑,多见不得光,银行都有办法给你洗白,并且安全的弄到国外。

  银行走进移民会 外汇随便换

  中国社会科学院的一份报告称,近三年,我国年均向海外移民人数已经

  接近20万,其中海外投资移民的人数增长迅速。要想移民到欧美等国家,投资移民动辄就是几十万上百万美元,为什么数额巨大的投资门槛却挡不住一些人的移民热情,是什么人在拿投资移民做掩护,让大量不明资金外逃,银行和移民中介在当中又扮演什么样的角色?

  在北京,一到周末大大小小的移民中介就办起各个国家的移民咨询会。低端一点的场址就直接选在移民公司里,而高端大气的则要在国贸CBD附近的各大高端五星级酒店里举行。在一家五星级酒店的宴会大厅里正在举行一场大型投资移民咨询会,记者看到除了移民中介和不少客户外,竟然还有中国银行的身影。

  “你要投资移民把钱转出去肯定要走中行业务,驻展,要有需求就直接去找他们。”一位移民中介销售人员这样告诉记者,有投资移民项目的国家都要求投资移民人将一定数额的外币汇到国外项目指定帐号上,才能办理移民。由于我国控制个人换汇,每人每年最多只能换汇五万美元,要想凑够动辄几十万数百万美元的投资移民款,只能去找中国银行。

  而中国银行的工作人员也证实了这样的说法:“我们帮您做的是把您这么大金额都换成外币,一步汇走,就做这一步。”

  跑到投资移民咨询会上来开展业务,中国银行的服务可真够便民的,当然这外汇不能白帮客户换,银行还要收取一笔可观的费用,手续费大概在千分之三到千分之四,相当于汇率贵点。

  “优汇通”一项见不得光的银行业务

  按照我国外汇管理规定,每人每年最多只能换汇五万美元,那么为什么中国银行称他们可以为需要移民的客户无限额地换取外汇,并且还可以直接打到国外账户呢?在调查中记者发现,其实银行的这项换汇业务并非是光明正大的正常业务,里面还隐藏着猫腻。

  在投资移民会上,虽然银行的工作人员详细地为客户介绍着这项名为优汇通的无限换汇业务,但是记者在中国银行的官方网站上却并没有看到所谓的优汇通无限换汇业务,在中国银行的各家分支行里,也并没有相关服务的介绍。那么这个所谓的优汇通无限换汇业务到底是怎么回事呢?当记者主动问到银行的工作人员时,他们才告诉记者,确实有这项业务,属于是广东分行牵头的业务,各地的中行只有经过广东分行才能做,但是不做任何宣传。

  中国银行北京某支行的某位员工这样告诉记者:“人民币要先转到广东分行,然后换汇,这个优汇通业务我们都是和移民中介合作,不做任何对外宣传,除非客户主动来问,我们才说。”

  在中国银行深圳分行,在记者的要求下,一位工作人员才让记者看了存在她办公电脑里的优汇通业务相关资料,里面明确写着这项业务是专门针对北美、澳洲和欧洲一些国家的投资移民。记者提出拷贝一份以进行详细的了解,却被当场拒绝。工作人员告诉记者,这份材料不能外传,而这项业务不能公开。

  不做宣传,资料不能公开,客户不问就不说,银行如此隐秘的业务不免让人生疑。北京某支行的一位副行长偷偷告诉记者,这项业务其实并不符合国家相关外汇管理的规定,不是那么见得了光,所以中行只是偷偷在做,今年初就因为外管局检查而停了一段时间。

  突破管制 银行偷偷打通资金外流通道

  作为一家国有大型银行,中国银行竟然还有优汇通这样偷偷摸摸,似乎不能见光的业务,真是让人匪夷所思,那么这项无限额的换汇业务到底是如何操作,是否违规呢?记者在北京、深圳、广州等多地进行了深入的调查。

  记者先走访了北京的多家中国银行,关于优汇通业务,他们都称这项学名为跨境人民币结算的业务其实是广东分行做的,北京各家支行最终还是要找到广东的分支行去办理,人民币只有通过他们才能换成外币。

  “优汇通学名叫跨境人民币结算业务,它是金融服务项下,以前是被禁止的。”

  “你要在广东分行开个户,但你不用过去,我们帮你弄。然后钱转到那里,再换成外币汇出去。”

  为了找到优汇通业务的源头,记者来到了位于广州的中国银行广东分行,一位营业部大堂经理告诉记者,通过国内各个分支行,各地来这里办理优汇通业务的顾客很多。

  这里的大堂经理告诉记者:“移民的人确实挺多的,全国各地是往我们这来,你不能光看柜面有没有这样的客户,因为有些是远程处理的。”

  据介绍,在广东除了中国银行广东分行可以直接办理这项业务以外,它下面的很多支行也可以具体操办。一家支行的客服经理告诉记者,其实他们并不是在国内把客户的钱兑换成人民币,而是把人民币先汇到国外,再由中行的国外分支机构兑换成外币。

  “因为这个要通过海外行来做,海外行报一个汇率给我们,我们折算后汇出去的人民币,但是到那边接收的是外币,就是通过中国银行伦敦分行或者东京分行,或者是巴黎分行。”

  银行工作人员告诉记者,不在国内兑换外币,而是利用中行自己的海外分支机构兑换外币,这就是为了避开国家对外汇的管制,这样就可以想兑换多少外币兑换多少。“这虽然是人民币跨境业务,但是没有通过外管局的兑换系统,其实这么做是一个灰色地带,打一个擦边球。”

  专家:银行不只是擦边球 涉嫌违法

  银行工作人员自称优汇通业务是一种跨境人民币结算业务,不是国内换汇,而是绕开国家外管局的监管,利用银行国外分支机构换汇,他们认为这只是在灰色地带打擦边球。但是专家表示,跨境人民币结算并不允许个人投资移民,银行绕开监管,实现超额汇兑,已经涉嫌违法。

  我国从2009年开始试点实施跨境人民币结算业务,《跨境贸易人民币结算试点管理办法》中规定,国家允许指定的、有条件的企业以人民币进行跨境贸易的结算,支持商业银行为企业提供跨境贸易人民币结算服务。专家指出,跨境人民币结算只针对企业的国际贸易,而并非是针对个人的国外投资移民,个人换汇是不允许走这条通道的。

  平安证券首席经济学家钟伟表示:“现在令人疑惑的是为什么个人能通过跨境购售人民币方式,把人民币资产直接转移到海外去,他一定涉及中资银行在海外清算行做了一个配合,这已经是违反现有外汇法律法规制度的根本问题。”

  我国外汇管理条例规定,违反规定将境内外汇转移境外,或者以欺骗手段将境内资本转移境外等逃汇行为,情节严重的,处逃汇金额30%以上的罚款,构成犯罪的,依法追究刑事责任。专家表示,绕开监管的逃汇行为危害严重,有可能会引发人民币外逃等问题。

  中信银行国际金融市场专家刘维明表示:“一个国家的外汇使用要有一个非常明确的监控,我们监控不到那就有可能出风险,比如资金外逃,或者造成热钱集中涌入,都会对金融体系造成影响。”

 

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Yale University’s Finance Professor Chen Zhiwu on China’s Economy and Its Rule-by-Law Shortcomings

Yale University School of Management Finance professor   陈志武  Chen Zhiwu’s book 非理性亢奋 [Irrational Exuberance] 2nd ed published December 2010  discusses Chinese finance and its problems. He concludes that the lack of an independent judiciary and rule of law are serious shortcomings.  Professor Chen has a web page on the Yale School of Management websitehttp://mba.yale.edu/faculty/profiles/chen.shtml and a Chinese language blog at sina.com http://blog.sina.com.cn/chenzhiwu , a blog outside the firewall at http://www.bullogger.com/blogs/chenzhiwu/ and a micro blog which has 2.4 million “fans” following it at http://t.sina.com.cn/chenzhiwu

The topics Chen addresses are familiar to undergraduate economists; the application of these ideas to analyzing the Chinese economy makes the book especially interesting.  Chen is clearly not one of those who believes in a special Chinese model that creates its own new economics as it goes along. Chen has written several other popular books on the Chinese economy including Why are Chinese Hard-working but Not Rich? http://product.dangdang.com/product.aspx?product_id=20986528

A hint of the contents can be seen from the chapters titles which include:

  • Is the Chinese stock market getting worse?
  • Irrational Exuberance — the world telecoms bust
  • The danger of a stock market bubble — explaining the US stock market crisis
  • Why does China’s economic future depend on press freedom?
  • A free media is an indispensable part of a market economy
  • A case study of the media and the market’s effectiveness in oversight of a company
  • From libel suits can be seen the legal difficulties of media speech
  • Class action suits are an effective way of protecting the rights of stockholders
  • How does the US handle the problem of insider trading?

Systematic economic critiques of the PRC system like Prof. Chen’s are apparently OK with the Party but not political critiques of the Charter o8 variety that fit in nicely with  Prof. Chen’s points. Prof. Chen, for example, says that the fact that Chinese cannot buy and sell land is a serious obstacle to individual Chinese building their wealth. If China followed Prof. Chen’s suggestions and adopted media freedom, free buying of selling of land, independent judiciary and rule of law implementing Liu Xiao*bo’s and Charter o8’s ideas would be far off.  Yet Liu Xiao*bo is in jail and Prof. Chen is welcome in China, gives lectures in China, and his books are published here. Ran Yun*fei told me last year that the difference between someone who is considered a dangerous dissident and someone considered fairly acceptable is not just their views, but their relationships with the powerful and influential in society. Perhaps there is something like that going on here? Or could it be there is some version of Senator Barry Goldwater’s old slogan “In your heart, you know he’s right?”. It didn’t work for Liu though.

Perhaps Chen’s critiques are seen as merely academic (although the book is well-written and organized and seems to attract many readers — students are passing around PDF copies online; Currency Wars did well despite is 5th rate sources such a jewwatch.com just because there is a great demand for well written books on economics and finance. ) and not subversive. SASS scholar Yu Jianrong 于建嵘 is another example of a person who makes sharp criticisms of the system but still seems to be seen as not an enemy of the people by the Party, and at most a source of contradictions among the people. That is, in the political system of the people’s democratic dictatorship.

Many websites carry the 2008 edition of Chen Zhiwu’s book; the 2010 edition that I bought in a Chongqing bookstore I also found on dangdang.com

http://product.dangdang.com/product.aspx?product_id=20986527

Prof. Chen traces the effects of lack of transparency due to an ineffective regulatory system, unwillingness of the courts to take up lawsuits on financial cases (he notes courts will generally only take a civil suit if a company has already lost a criminal case), orders by the propaganda department to media not to report a certain matter or to report it in a certain way.  This means that investors have little reliable information and make it hard to choose between good companies and bad companies, and increase the temptation of companies to cheat their investors. He mentions Economics Nobelist George Akerlof’s work on adverse selection here.http://en.wikipedia.org/wiki/The_Market_for_Lemons

[This discussion of little investor information to choose between good and bad companies on the securities market because of media control and poor regulators and ineffective courts reminds me of the problem China has suppressing crazy rumors that spread quickly and find many believers.  A bit of a stretch, but perhaps there is a similar process going on in society with high media control and low trust --- an adverse selection process going on against accurate information since the authorities have low credibility and have a history of discouraging people from speaking out, especially if the "accurate information" conflicts with officially certified accurate information.]

One effect he notes is that on average in any given week the number of stocks that move together with a general market trend of up or down is about 90% on the Chinese market and about 60% on the U.S. financial markets which are much more transparent (pp. 35 – 39), not just as a result of more effective financial markets regulation, but of being embedded in a rule by law system in which information flows freely.

Chen said that state-owned monopolies can use their monopoly power to boost their incomes at the expense of average citizens, but unlike in western countries, the monopoly problem is not somewhat ameliorated by a flow of income from publicly-held monopolies back to average citizens.  This meliorating effect occurs in many western countries where stocks are widely held but not in China.   This and other problems of asymmetric information and power aggravates the skewing of the income distribution in China.   The lack of widespread participation in financial markets and the problem of land not being private (“dead capital”) in China are severe obstacles to the financial opportunities of the average Chinese.  Diversifying wealth means that savings rates can decline and people will feel wealthier; this will help increase consumption and help bring capital alive. (pp. 3  – 22)

Chen said the quality of the Chinese stock market is declining.  There was much enthusiasm after the Securities Law was passed in 1999 and in 2001 some financial magazines exposed wrongdoings of some listed companies.  In 2001, however, the first securities holder to bring a case to court was told by the court that it would not accept the case.  In 2003 there were two important cases, but the penalties imposed were relatively small, and in other cases the courts refused to hear a civil suit unless the accused company had already lost a criminal case.   During 2000 – 2005 the number of cases brought and the median penalty imposed fell steadily.  (pp.  39 – 41)

Chen devotes a long chapter (pp. 101 – 189) to explaining why media freedom is essential to the future of the Chinese economy.  中国经济前情为何离不开新闻自由
Chen begins the chapter “Although the problem of official corruption and the lack of trust in Chinese society is becoming more and more serious, and is a problem felt keenly by all sectors of society, reports on this problems are always restricted and the media is censored. The propaganda departments that manage the media are constantly sending out documents or making a phone call in order to orally “get in touch” to order that the media not report on certain topics that are  “sensitive” or “not beneficial to social stability”.   What effect does the strengthening of censorship have on the Chinese economy?  In other words, what economic benefits do we get from the media freedom?  Is media freedom worth something?  Naturally we are all happy about the rapid growth of the Chinese economy, and so might find it hard to understand why someone would say “media freedom is very important for the Chinese economy”.  Indeed, for centuries media freedom has been for centuries thought of as a completely political institution and useful for oversight of the activities of those who govern society and as a check on government power.

However, media freedom is essential for the deepening of the Chinese economy, for reducing economic corruption, and for promoting market trading.  More media freedom will also be needed to increase employment in China.  [to summarize where he goes from there,  the service sector is poorly developed in China, China’s economic growth is tied to manufacturing and construction, areas in which the quality of institutions and information symmetry are much less important than in the service sector, where the greatest opportunity for creating new jobs lies.   China’s economic model has benefited much from exporting but by becoming the “workshop of the world”, terrible pressures have been placed on China’s environment and resources…. Justice Brandeis  (p. 128) said “sunlight is the best disinfectant” and so information freedom helps fight corruption and boosts information symmetry in financial markets.

Chen also wrote a chapter on “The Law and Wealth” in which he points out that passing many laws does not equal the rule of law and that although the Standing Committee of the National People’s Congress does have legislative power and the government executive departments do not, in practice laws passed by the NPC do not constrain the executive departments of government. (p. 199).  He discusses the PRC Law on Investment in Securities http://e.3edu.net/flyy/E_5227.html and issues such as under what circumstances are laws regulating a particular sector needed and the Investment law (pp. 194 – 198) and what should be the respective roles of the securities regulators, the courts and the National People’s Congress in regulating the securities sector, the discussing the experiences of the UK, the USA, and China in regulating the securities sector.

 

 

我最近正在读牙鲁大学管理学院终身金融教授陈志武先生讨论中国经济包括政治经深层问题的巨作《非理性亢奋》(新版)。

陈教授认为中国的贫富差距,股东市场一系列的问题,服务业站在国家总收入百分之比,与老百姓借款难因为在现有的制度下不能自由地买卖土地就不能用土地来担保贷款。《非理性亢奋》里面讨论的问题包括市场上信息不对称 [asymmetry of information] 经济学里的重要观念。他指的不是股东市场而已。 水果市场也如此。

陈教授介绍中国市场上的信息不对称一些原因如缺乏新闻自由与司法部不独立。

行政部门的权力大,没有有效的受法律的制裁,法律写法不当给行政部门权力太大包括招租(权利换钱)机会。

从《非理性亢奋》可以看得出来重要的论点:

  • 法治和产权保护是普及“股权致富”的基础
  • 财富是国有还是私有,决定了人们的财富
  • 为什么中国股市质量在下降?
  • 中国经济前景为何离不开新闻自由?
  • 新闻自由是中国经济未来增长的必要基础
  • 证监会,法院与人大– 如何分管证卷市场
  • 集体诉讼是保护股民有效方法

身为还没有拔脱资产阶级思想的美国人,我很注意到陈教授提出的中国经济深层问题与最近特别受党的关怀那些批评中国的一个党独大人民民主战争制度的异议分子的思想一致。 如果像我一个没有学会辩证法的美国人能看得出来,很多中国人应该比我更跟清楚。

结论好像是尊重公民权,民主,法治也是发财之道。

下面有英文述评。

http://product.dangdang.com/product.aspx?product_id=20986527

非理性亢奋(新版)

非理性亢奋(新版)

作  者:陈志武

出 版 社:中信出版社

出版品牌:中信出 版社

出版时间:2010年12月

定  价:39.00

I S B N :9787508623443

所属分类: 经管  >  经济

标  签:财经管理  经 济  经济学理论

编辑推荐

年度财经图书大奖获奖图书,《为什么中国人 勤劳而不富 有》姊妹篇,你能仅靠工资致富吗,年度财经图书大奖获得者,著名经济学家陈志武教授告诉我们,现代社会致富的基本途径是“股权致 富”。因此,必须以公正而 完善的法治保护产权,信息自由流动以加强市场平衡,完善金融市场以促进资源配置。

内容简介

你能仅靠工资致富吗?为什么现代社会出现了那 么多“富可敌 国”的富豪?他们致富靠的是什么?《非理性亢奋》告诉我们,现代社会致富的基本途径是“股权致富”。股权能通过金融市场放大自己 的价值,把未来的利润变成 现在的财产,使得财富数额不断扩大。因此,必须以公正而完善的法治保护产权,信息自由流动以加强市场平衡,完善金融市场以促进资 源配置在这些因素的共同作 用下,人们的财富才能越来越多。

作者简介

陈志武,美国耶鲁大学管理学院金融学 终身教授、北 京大学光华管理学院特聘教授、长江商学院访问教授。金融学和金融资产定价领域最具有创造力和最活跃的学者之一。获得过美国默顿· 米勒(诺贝尔经济学奖得 主)研究奖、芝加哥期权交易所研究奖等多项重大奖励。2000年,在一项颇得全球经济学家首肯的世界经济学家排名中,名列第 202位(在前1000名中, 仅有19人来自中国)。2006年,被《华尔街电讯》评为中国十大最具影响力的经济学家之一。   1990年获得耶鲁大学金融经济学博士学位,1995年获聘为俄亥俄州立大学副教授。1998年创办Value Engine(价值引擎)公司,2001年与两个合伙人创办了Zebra对冲基金公司。   先后出版了《为什么中国人勤劳而不富有》,《非理性亢奋》、《金融的逻辑》、《24堂财富课》、《陈志武说中国经济》等著 作,其中《为什么中国人勤劳 而不富有》获年度财经图书大奖,并被多家媒体推荐为当年最值得珍藏的财经图书。   主要研究方向:市场监管、资本市场、证券投资管理、公司治理、公司财务与组织战略、股票定价等。

目录

自序
  • 金融与财富
  • 股市与财富
  • 媒体与财富
  • 法律与财富

媒体评论

说到经济学理论,我没有办法跟那 些经过严格理论训练的人相比,比如钱颖一、许成刚、陈志武、白重恩等,他们常常能用现代经济学的源流把事情说得很清楚。                     ——著名经济学家、国务院发展研究中心研究员 吴敬琏   改变中国目前国富民穷的状况,一方面可以减税,另一方面,就是陈志武教授所讲的,要改变资产配置。                     ——著名经济学家、中欧国际工商学院经济学和金融学教授 许小年   陈志武教授的著作深入浅出,说理透彻,把财富创造的制度基础讲得很清楚,是难得的通俗经济学读物。                     ——著名学者,清华大学历史系教授 秦晖   陈志武教授具有健全的政治经济学视野,这样的视野在国内经济学术界是少见的。他对纷繁的现实进行了技术经济学的逻辑分析,进 而进行了法律与政治的分析,从而更为准确地解释了一个令人困惑的问题为什么中国人勤劳而不富有,甚至连基本的安宁也无从享有。                     ——独立学者,九鼎公共事务研究所研究员 秋风   陈先生一针见血地指出了财富增长的制度性内涵,使我们明白,仅有个人的机遇和聪明才智是不够的,在勤劳和富有之间还有一座必 须建造的桥梁——好的市场经济制度。                     ——著名财经媒体人、《财经》杂志主编 何力

 

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Excerpt Translation: The Qing and Yuan Dynasties were Not ‘Chinese’ Dynasties

China as a cultural zone and China as a state. What is China?  The Qing Dynasty called itself  Da Qing, not China.  Dynasty after dynasty. Are dynasties different states?  Some existed simultaneously with other dynasties within the Chinese cultural zone.  An anonymous essay had some interesting highlights, summary translated here.

the Chinese language article “The Qing Dynasty was not a Chinese  Dynasty”  last year noted that Sun Yatsen wrote in his “Three People’s Principles”  that that China has been politically obliterated twice in its thousands of years of history.  Once time by the Yuan (Mongol)  Dynasty and the second time by the Qing  (Manchu) Dynasty.   I summary translated a few excerpts.

清元朝并非是中国朝代

…..  而且按照国际惯例,判断一个已去世的人的国籍,依据的是此人生前的国籍,而不是在他死后他的出生地属于哪个国家。李白出生在寓碎叶,此地在现在的吉尔吉斯坦境内。按照他们的说法李白应该是吉尔吉斯坦人了?孙中山在《民族主义》第二讲中说过:“中国几千年以来,受到政治上的压迫以至于完全亡国,已有了两次,一次是元朝,一次是清朝。”今天中国人一厢情愿地称清朝是中国王朝,可惜人家清朝统治者们根本就不认为自己是中国人。 – See more at: http://www.backchina.com/blog/332746/article-171707.html#sthash.2vRI8Zso.dpuf
In 2004, a professor from Ulaan Bataar University in Mongolia commented on Chinese anti-Japanese sentiment at the Asian Games.  “The Chinese take the great achievements of Mongolia and our Mongolian ancestors in conquering them as the achievements of their ancestors and national heros.  They take the time when we colonized them as the most glorious period in their history.  The Chinese are a people who do seem to have an idiotic kind of logic, what right do they have to criticize your country’s (Japan’s)  view of history? What right do they have to criticize your national heros, those so-called grade A war criminals who invaded them?
 2004 年蒙古乌兰巴托大学教授额日德雷根在访问日本时接受日本NHK电视台采访时针对当年亚洲杯足球赛上中国球迷的抗议日本活动说到:“中国人把我们国家和民族的伟大英雄,征服过他们的帖木贞当作他们的祖先和英雄,把我们对他们的殖民历史当作他们最强大的历史,这样一群拥有白痴一样逻辑的民族,又有什么资格去抗议你们国家民族的历史观呢?又有什么资格去抗议你们民族的英雄,当年侵略过他们的所谓‘甲级战犯’呢?我认为他们没有那个资格。” – See more at: http://www.backchina.com/blog/332746/article-171707.html#sthash.2vRI8Zso.dpuf
Lu Xun in his “Random Notes” wrote how as a child he learned of the great heros and dynasties of Chinese history and how at 20 he heard that “our Da Qing” conquered Europe and that was the most glorious period of Chinese history.  When he turned 25, he that the “most glorious period of Chinese history” was when the Mongols invaded and made us their lackeys. Later I learned that the Mongols first conquered eastern Europe and only later conquered China.  But he conquered Russia first.  So really it should be the Russians saying “When our Genghis Khan conquered China, it was the most glorious period of our history”
鲁迅在《随便翻翻》中说过 : “幼小时候,我知道中国在‘盘古氏开辟天地’之后,有三皇五帝….. 宋朝,元朝,明朝,‘我大清’。到二十岁,又听说‘我们’的成吉思汗征服欧洲,是我们最阔气的时代。到二十五岁,才知道所谓这‘我们最阔气的时代’,其实是蒙古人征服了中国,我们做了奴才。直到今年(指1934年-引者)八月里,因为要查一点故事,翻了三部蒙古史,这才明白蒙古人的征服‘斡罗思’,侵入匈、奥,还在征服全中国之前,那时的成吉思还不是我们的汗,倒是俄人被奴的资格比我们老,应该他们说‘ 我们的成吉思汗征服中国,是我们最阔气的时代’的。 ” – See more at:http://www.backchina.com/blog/332746/article-171707.html#sthash.2vRI8Zso.dpuf
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