中国法而不制

费城——美国和中国最终达成的交易可能会使人权律师和活动家陈光诚有机会进入纽约法学院。但是,即使找到了此次外交惨败的出路,该案件仍有许多麻烦,特别是在中国当局手中,陈光诚几乎没有珍贵的追索权来对抗骚扰和软禁,虽然中国的法律改革已经进行了三十多年。

事实上,23年前在天安门广场镇压后,持不同政见的方励芝跑去美国大使馆避难,23年后,陈光诚的唯一选择也是最终投入美国外交的怀抱。陈光诚的案件揭露出中国法律体系的弱点,应该可以推动中国人权活动家和更广泛的法律界人士建立更牢固的关系。

作为一个自学成才的法律活动家,陈光诚质疑政府推行的计划生育政策执法苛刻,随后名声大噪。上世纪90年代后期,中国出现了以权利为基础的抵制活动,而他的做法正反映出这种较大的趋势;很多律师和活动家——有些知名度很高,许多其他人则鲜为人知——想看到政府根据自己制定的规则办事,陈光诚是他们中的一员。

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