民权宣言 Petition

我们公民,

为了实现中华民族复兴历史使命,为了促进中国民主发展进程,根据中华人民共和国宪法第四十一条,提出如下建议:

We the citizens of China,

In order to realize the historical mission of the Chinese nation’s rejuvenation and to promote the development of China’s democracy, according to Article 41 of the Constitution of the People’s Republic of China, the following suggestions are petitioned to the government:

1, 落实宪法规定的公民言论、出版、集会、结社、游行、示威自由。诚然,世界上没有绝对的自由。但宪法规定公民享有言论,出版,集会,结社,游行,示威自由的立法初衷在于保障公民享有和平,自由表达自己意见,想法的权利。对于宪法赋予公民权利的任何限制条件都必须在符合立法初衷和保障公民正当发表意见权利不受影响的情况下实施。宪法同时保障公民对政府机关提出批评的权利。任何法律法规不得出于防止人民表达与政府不同意见的目的,限制公民宪法权利。

1. Implement citizens’ constitutional rights, including freedom of speech, publication, free assembly, association, procession, and peaceful demonstration. It is true that there is no absolute freedom in the world. However, the Chinese Constitution guarantees each and every citizen’s freedom of speech, publication, assembly, association, procession, and freedom of demonstration. It is known to be one of the basic civil rights to guarantee citizens’ freedom to express their opinions and ideas freely. Any restrictions on the constitutional rights granted to citizens must be implemented in accordance with the original intention of the legislation and provide equal protection of the right of citizens. The Constitution also guarantees citizens the right to dissent and criticize government agencies. No law nor regulation may restrict citizens’ constitutional rights for the purpose of preventing the People from expressing different opinions with the government.

2, 落实宪法规定的公民宗教自由。人民依法享有信仰宗教和不信仰宗教的自由。但政府及行政机关在社会不同领域及教育机构宣传或强制普及无神论及排斥宗教信仰的马克思主义。公民正常的宗教信仰及活动在很多情况下被称为“封建迷信”活动受到排斥及不公正待遇;学生对宗教的兴趣以及相关宗教活动的纪念被教育机构批评或禁止。公民行使宗教自由和进行宗教活动的场所需要政府机关备案,审批,从很大程度上影响了公民在自由的氛围下信仰,讨论以及从事宗教活动。这从实际角度限制了公民正常,合法行使宪法赋予的宗教自由。

2. Implement the constitutional rights of freedom of religion. The people enjoy the freedom to believe in religion or to not to believe in religion. However, the government and administrative agencies promote and in many situations enforce the popularization of atheism and Marxism which rejects other religious. Currently this is the norm across different fields of society and educational institutions. Religious beliefs and activities of citizens are often referred to as “feudal superstitions” activities and are excluded or unfairly treated; students’ interests in religions other than Marxism and the commemoration of related religious activities are criticized or prohibited by educational institutions. The places where citizens conduct religious workshops or carry out other religious activities require special petitions and approval of government agencies, which in turn, limits the choices citizens have in regards to religion. These measures place unnecessary obstacles for citizens to exercise religious freedom gauranteed by the Constitution.

3, 落实宪法规定的人大代表制度,保障公民的选举权和被选举权;健全候选人提名制度,开展竞选活动及宣传,强化选举过程监督,引导公民投票,参选;公开人大代表联系方式,建立人大代表办公室制度负责接纳人民建议及其他合法合理诉求。人民代表大会作为我国宪法规定的国家最高权利机关,人大代表制度作为我国民主的重要形式,是宪法赋予人民的根本民主制度。在我国暂未具备所有重要国家公职人员直选条件的情况下,保障人大代表切实代表人民民主诉求是我国政治制度的基石。目前,宪法规定的公民选举权由于候选人提名过程模糊,候选人竞选活动不足,选举制度宣传不足及选举过程缺乏有效监督等原因,没有得到有效保障,大多数公民没有或无法行使自己的选举权;同时,独立参选人在一些地方受到不同程度干扰。另一方面,公民缺乏联系人大代表的有效途径,公民的诉求无法通过合法渠道到达民主机构,而很多人大代表在与会期间睡觉,开小差,几年没有提案,不履行人民赋予的神圣职责。

3. Implement the NPC deputy system as stipulated in the Constitution, guaranteeing citizens’ right to vote as well as running for election; improving the procedures for the nomination of candidates and conducting lawful campaign activities, strengthening supervision over the electoral process, encourage citizens’ participation in elections;  establish direct communication channels and “representative office” for accepting citizens’ suggestions and other legitimate requests. The NPC is the highest organ of state power stipulated in China’s Constitution. The NPC deputy system is an important form of democracy in our country and a fundamental democratic system entrusted to the people by the Constitution. Under the current circumstances which China might not have the maturity needed for a direct election of public officials in all state level positions, it is the cornerstone of China’s political system to ensure that the NPC deputies truly represent the people’s democratic demands. At present, the citizen’s right to vote is not respected nor protected because of the vague process of nominating candidates, insufficient campaigns by the candidates, insufficient publicity of the electoral system, and lack of effective supervision in the electoral process. Most citizens are not aware of or unable to meaningfully exercise their right to vote. Independent candidates (i.e. non-CCP endorsed) have been “blocked” to varying degrees in many places. On the other hand, citizens lack effective ways to contact NPC deputies of their district. The citizens’ demands can’t reach the democratic institutions through regular channels. Many NPC deputies even fall asleep during the meeting, and some have 0(zero) proposal during their tenures thus failed to fulfill their sacred duties entrusted by the people.

4,促进教育公平发展,加大对偏远贫困地区教育投入;消除普通高等院校招生考试地域歧视。教育作为民族复兴的重要基础资源,需要国家更大的投入,欠发达地区教育资源匮乏,适龄学生入学难 上学难问题依然严峻。同时,教育不同平问题愈演愈烈 尽管以北上广为代表的发达地区普通高等院校依赖国家教育部拨款 但其在招生过程中歧视非本地生源。由于教育部属于国家部门 依赖全国税收 接受教育部拨款的普通高等院校在招生过程中给予本地发达地区生源优先待遇的行为,违反宪法中关于公民享有公平受教育权利的条文,也不符合同样义务同样权利的立法原则。

4. Promote the fair development of education, increase educational investment in remote and under developed areas, and eliminate geographical discrimination in the college admissions. As an important but fundamental resource, education requires greater investment from the state. Underdeveloped areas did not receive adequate  budgets to fund various educational programs, compared to many more developed provinces. It is still challenging for school-age children to enter school in many areas. At the same time, the gap of the quality of education  and inequality of allocation of educational resources among regions has intensified through out the years. Although institutions of higher education in the developed areas such as Beijing, Shanghai and Guangdong rely on the state funding from the Ministry of Education, they discriminate against non-local students in the process of admission. Since the Ministry of Education belongs to state that relies on the national taxation, the preferential treatment of students in the developed areas in the process of admission violates the provisions of the Constitution that gurantees citizens’ right to a equal opportunity in regards to receiving education.

5, 调整计划生育政策,保障公民基本生育权利,保障非计划生育子女的公民权利。目前的计划生育政策是以金钱为导向的畸形政策: 有钱有权的人大部分情况下可以随意生育多个子女;无权无势的公民违规生育的子女在很多地方不缴纳罚款无法落户,导致其无法享受正常公民的基本待遇。 国家必须采取有效措施保障所有新生儿的基本公民权利得到落实 所有地方违反法律的户口-计划生育罚款挂钩情况需要立即被禁止。改进计划生育惩罚措施,防止特权阶级的产生;确保困难群众不会因为超生影响生计;修改刑法,追究暴力计划生育执法,强制堕胎节育的行为人的刑事责任。

5. Adjust the family planning policy, guarantee the basic reproductive rights of citizens, and protect the civil rights of  children born outside wed-lock. The current family planning policy is a money-oriented malformation policy: People who have money or power can, in most cases, have unlimited number of children; on the other hand, children who were born to the less privileged will not be able to register for their household registry thus will not receive basic education nor medical care. The State must take effective measures to ensure that the basic civil rights of all newborns are implemented. All local implementations of linking paying family planning violation fines to the ability to register household registry need to be immediately banned. Improve family planning and punitive measures to prevent the creation of privileged classes; ensure that less privileged citizens’ livelihoods are not negatively impacted because of family planning policy violation; modify criminal law and enforce criminal liability of forced abortions.

6, 建立官员财产公示制度。建立,健全官员财产申报,公开制度。审查官员及其家属财产状况。建立全国联网的不动产登记网络。

6. Establish assets disclosure system for government officials. Establish and improve the official property declaration and disclosure system. Review the property of officials and their families members. Establish a national networked real estate registration network.