《零八憲章》英文版鬧了雙胞:林培瑞版和“中國人權”版
(2008-12-11 23:26:48)
下一個
老林把那個意思完全忠實地翻譯出來了。原文也可理解為建立一個聯邦性質的共和國,不一定非得理解成把國名改為什麽“中華聯邦共和國”。真要改名的話,國名就叫中國,足矣。"中華聯邦共和國”作為國名是不能被各方接受的,好比美國不能叫硬鉻綠撒克遜合眾國,而是正確地定名為“美洲合眾國”。可見美國先賢們的政治常識比我們現在某些人還要足一些呢。“中華聯邦共和國”隻能作解釋用,真正非要改名不可,正規的名字或可定為““東亞聯邦共和國””,這樣非漢族非華裔的民族才能接受,這個國家才能無限接納更多族加盟。“中華聯邦共和國”作為國名是不可能被各方接受的。人家不自願加盟,您要麽就舍棄人家,要麽就是發動戰爭逼著人加盟。最關鍵的,這個08憲章的原始文本經不住推敲的地方很多,老林的翻譯增色不少,等《紐約書評月刊》登出來之後,流傳後世的,還是林版。我粗看了一下,第一段,第一句,老林的翻譯比較忠實於原文。中國人權這個機構的人才都散了,翻譯的東西簡直拿不出手,這第一段第一句就翻的莫名其妙。丟人啊。題目的翻譯也有學問。老林的譯文是比照“七七憲章”的英文慣例的,而“中國人權”的翻譯是粗暴硬譯,是十足的洋涇浜英語。我的整體感覺:老林的版本是大四水準,而“中國人權”的翻譯稿最多在高二的水平上。------林版在前,“中國人權”版在後:Charter 08I. ForewordA hundred years have passed since the writing of China’s first constitution. 2008 also marks the sixtieth anniversary of the promulgation of the Universal Declaration of Human Rights, the thirtieth anniversary of the appearance of Democracy Wall in Beijing, and the tenth of China’s signing of the International Covenant on Civil and Political Rights. We are approaching the twentieth anniversary of the 1989 Tiananmen massacre of pro-democracy student protesters. The Chinese people, who have endured human rights disasters and uncountable struggles across these same years, now include many who see clearly that freedom, equality, and human rights are universal values of humankind and that democracy and constitutional government are the fundamental framework for protecting these values.By departing from these values, the Chinese government’s approach to “modernization” has proven disastrous. It has stripped people of their rights, destroyed their dignity, and corrupted normal human intercourse. So we ask: Where is China headed in the twenty-first century? Will it continue with “modernization” under authoritarian rule, or will it embrace universal human values, join the mainstream of civilized nations, and build a democratic system? There can be no avoiding these questions.The shock of the Western impact upon China in the nineteenth century laid bare a decadent authoritarian system and marked the beginning of what is often called “the greatest changes in thousands of years” for China. A “self-strengthening movement” followed, but this aimed simply at appropriating the technology to build gunboats and other Western material objects. China’s humiliating naval defeat at the hands of Japan in 1895 only confirmed the obsolescence of China’s system of government. The first attempts at modern political change came with the ill-fated summer of reforms in 1898, but these were cruelly crushed by ultraconservatives at China’s imperial court. With the revolution of 1911, which inaugurated Asia’s first republic, the authoritarian imperial system that had lasted for centuries was finally supposed to have been laid to rest. But social conflict inside our country and external pressures were to prevent it; China fell into a patchwork of warlord fiefdoms and the new republic became a fleeting dream.The failure of both “self-strengthening” and political renovation caused many of our forebears to reflect deeply on whether a “cultural illness” was afflicting our country. This mood gave rise, during the May Fourth Movement of the late 1910s, to the championing of “science and democracy.” Yet that effort, too, foundered as warlord chaos persisted and the Japanese invasion [beginning in Manchuria in 1931] brought national crisis.Victory over Japan in 1945 offered one more chance for China to move toward modern government, but the Communist defeat of the Nationalists in the civil war thrust the nation into the abyss of totalitarianism. The “new China” that emerged in 1949 proclaimed that “the people are sovereign” but in fact set up a system in which “the Party is all-powerful.” The Communist Party of China seized control of all organs of the state and all political, economic, and social resources, and, using these, has produced a long trail of human rights disasters, including, among many others, the Anti-Rightist Campaign (1957), the Great Leap Forward (1958–1960), the Cultural Revolution (1966–1969), the June Fourth (Tiananmen Square) Massacre (1989), and the current repression of all unauthorized religions and the suppression of the weiquan rights movement [a movement that aims to defend citizens’ rights promulgated in the Chinese Constitution and to fight for human rights recognized by international conventions that the Chinese government has signed]. During all this, the Chinese people have paid a gargantuan price. Tens of millions have lost their lives, and several generations have seen their freedom, their happiness, and their human dignity cruelly trampled.During the last two decades of the twentieth century the government policy of “Reform and Opening” gave the Chinese people relief from the pervasive poverty and totalitarianism of the Mao Zedong era and brought substantial increases in the wealth and living standards of many Chinese as well as a partial restoration of economic freedom and economic rights. Civil society began to grow, and popular calls for more rights and more political freedom have grown apace. As the ruling elite itself moved toward private ownership and the market economy, it began to shift from an outright rejection of “rights” to a partial acknowledgment of them.In 1998 the Chinese government signed two important international human rights conventions; in 2004 it amended its constitution to include the phrase “respect and protect human rights”; and this year, 2008, it has promised to promote a “national human rights action plan.” Unfortunately most of this political progress has extended no further than the paper on which it is written. The political reality, which is plain for anyone to see, is that China has many laws but no rule of law; it has a constitution but no constitutional government. The ruling elite continues to cling to its authoritarian power and fights off any move toward political change.The stultifying results are endemic official corruption, an undermining of the rule of law, weak human rights, decay in public ethics, crony capitalism, growing inequality between the wealthy and the poor, pillage of the natural environment as well as of the human and historical environments, and the exacerbation of a long list of social conflicts, especially, in recent times, a sharpening animosity between officials and ordinary people.As these conflicts and crises grow ever more intense, and as the ruling elite continues with impunity to crush and to strip away the rights of citizens to freedom, to property, and to the pursuit of happiness, we see the powerless in our society—the vulnerable groups, the people who have been suppressed and monitored, who have suffered cruelty and even torture, and who have had no adequate avenues for their protests, no courts to hear their pleas—becoming more militant and raising the possibility of a violent conflict of disastrous proportions. The decline of the current system has reached the point where change is no longer optional.II. Our Fundamental PrinciplesThis is a historic moment for China, and our future hangs in the balance. In reviewing the political modernization process of the past hundred years or more, we reiterate and endorse basic universal values as follows:Freedom. Freedom is at the core of universal human values. Freedom of speech, freedom of the press, freedom of assembly, freedom of association, freedom in where to live, and the freedoms to strike, to demonstrate, and to protest, among others, are the forms that freedom takes. Without freedom, China will always remain far from civilized ideals.Human rights. Human rights are not bestowed by a state. Every person is born with inherent rights to dignity and freedom. The government exists for the protection of the human rights of its citizens. The exercise of state power must be authorized by the people. The succession of political disasters in China’s recent history is a direct consequence of the ruling regime’s disregard for human rights.Equality. The integrity, dignity, and freedom of every person—regardless of social station, occupation, sex, economic condition, ethnicity, skin color, religion, or political belief—are the same as those of any other. Principles of equality before the law and equality of social, economic, cultural, civil, and political rights must be upheld.Republicanism. Republicanism, which holds that power should be balanced among different branches of government and competing interests should be served, resembles the traditional Chinese political ideal of “fairness in all under heaven.” It allows different interest groups and social assemblies, and people with a variety of cultures and beliefs, to exercise democratic self-government and to deliberate in order to reach peaceful resolution of public questions on a basis of equal access to government and free and fair competition.Democracy. The most fundamental principles of democracy are that the people are sovereign and the people select their government. Democracy has these characteristics: (1) Political power begins with the people and the legitimacy of a regime derives from the people. (2) Political power is exercised through choices that the people make. (3) The holders of major official posts in government at all levels are determined through periodic competitive elections. (4) While honoring the will of the majority, the fundamental dignity, freedom, and human rights of minorities are protected. In short, democracy is a modern means for achieving government truly “of the people, by the people, and for the people.”Constitutional rule. Constitutional rule is rule through a legal system and legal regulations to implement principles that are spelled out in a constitution. It means protecting the freedom and the rights of citizens, limiting and defining the scope of legitimate government power, and providing the administrative apparatus necessary to serve these ends.III. What We AdvocateAuthoritarianism is in general decline throughout the world; in China, too, the era of emperors and overlords is on the way out. The time is arriving everywhere for citizens to be masters of states. For China the path that leads out of our current predicament is to divest ourselves of the authoritarian notion of reliance on an “enlightened overlord” or an “honest official” and to turn instead toward a system of liberties, democracy, and the rule of law, and toward fostering the consciousness of modern citizens who see rights as fundamental and participation as a duty. Accordingly, and in a spirit of this duty as responsible and constructive citizens, we offer the following recommendations on national governance, citizens’ rights, and social development:1. A New Constitution. We should recast our present constitution, rescinding its provisions that contradict the principle that sovereignty resides with the people and turning it into a document that genuinely guarantees human rights, authorizes the exercise of public power, and serves as the legal underpinning of China’s democratization. The constitution must be the highest law in the land, beyond violation by any individual, group, or political party.2. Separation of powers. We should construct a modern government in which the separation of legislative, judicial, and executive power is guaranteed. We need an Administrative Law that defines the scope of government responsibility and prevents abuse of administrative power. Government should be responsible to taxpayers. Division of power between provincial governments and the central government should adhere to the principle that central powers are only those specifically granted by the constitution and all other powers belong to the local governments.3. Legislative democracy. Members of legislative bodies at all levels should be chosen by direct election, and legislative democracy should observe just and impartial principles.4. An Independent Judiciary. The rule of law must be above the interests of any particular political party and judges must be independent. We need to establish a constitutional supreme court and institute procedures for constitutional review. As soon as possible, we should abolish all of the Committees on Political and Legal Affairs that now allow Communist Party officials at every level to decide politically-sensitive cases in advance and out of court. We should strictly forbid the use of public offices for private purposes.5. Public Control of Public Servants. The military should be made answerable to the national government, not to a political party, and should be made more professional. Military personnel should swear allegiance to the constitution and remain nonpartisan. Political party organizations shall be prohibited in the military. All public officials including police should serve as nonpartisans, and the current practice of favoring one political party in the hiring of public servants must end.6. Guarantee of Human Rights. There shall be strict guarantees of human rights and respect for human dignity. There should be a Human Rights Committee, responsible to the highest legislative body, that will prevent the government from abusing public power in violation of human rights. A democratic and constitutional China especially must guarantee the personal freedom of citizens. No one shall suffer illegal arrest, detention, arraignment, interrogation, or punishment. The system of “Reeducation through Labor” must be abolished.7. Election of Public Officials. There shall be a comprehensive system of democratic elections based on “one person, one vote.” The direct election of administrative heads at the levels of county, city, province, and nation should be systematically implemented. The rights to hold periodic free elections and to participate in them as a citizen are inalienable.8. Rural–Urban Equality. The two-tier household registry system must be abolished. This system favors urban residents and harms rural residents. We should establish instead a system that gives every citizen the same constitutional rights and the same freedom to choose where to live.9. Freedom to Form Groups. The right of citizens to form groups must be guaranteed. The current system for registering nongovernment groups, which requires a group to be “approved,” should be replaced by a system in which a group simply registers itself. The formation of political parties should be governed by the constitution and the laws, which means that we must abolish the special privilege of one party to monopolize power and must guarantee principles of free and fair competition among political parties.10. Freedom to Assemble. The constitution provides that peaceful assembly, demonstration, protest, and freedom of expression are fundamental rights of a citizen. The ruling party and the government must not be permitted to subject these to illegal interference or unconstitutional obstruction.11. Freedom of Expression. We should make freedom of speech, freedom of the press, and academic freedom universal, thereby guaranteeing that citizens can be informed and can exercise their right of political supervision. These freedoms should be upheld by a Press Law that abolishes political restrictions on the press. The provision in the current Criminal Law that refers to “the crime of incitement to subvert state power” must be abolished. We should end the practice of viewing words as crimes.12. Freedom of Religion. We must guarantee freedom of religion and belief and institute a separation of religion and state. There must be no governmental interference in peaceful religious activities. We should abolish any laws, regulations, or local rules that limit or suppress the religious freedom of citizens. We should abolish the current system that requires religious groups (and their places of worship) to get official approval in advance and substitute for it a system in which registry is optional and, for those who choose to register, automatic.13. Civic Education. In our schools we should abolish political curriculums and examinations that are designed to indoctrinate students in state ideology and to instill support for the rule of one party. We should replace them with civic education that advances universal values and citizens’ rights, fosters civic consciousness, and promotes civic virtues that serve society.14. Protection of Private Property. We should establish and protect the right to private property and promote an economic system of free and fair markets. We should do away with government monopolies in commerce and industry and guarantee the freedom to start new enterprises. We should establish a Committee on State-Owned Property, reporting to the national legislature, that will monitor the transfer of state-owned enterprises to private ownership in a fair, competitive, and orderly manner. We should institute a land reform that promotes private ownership of land, guarantees the right to buy and sell land, and allows the true value of private property to be adequately reflected in the market.15. Financial and Tax Reform. We should establish a democratically regulated and accountable system of public finance that ensures the protection of taxpayer rights and that operates through legal procedures. We need a system by which public revenues that belong to a certain level of government—central, provincial, county or local—are controlled at that level. We need major tax reform that will abolish any unfair taxes, simplify the tax system, and spread the tax burden fairly. Government officials should not be able to raise taxes, or institute new ones, without public deliberation and the approval of a democratic assembly. We should reform the ownership system in order to encourage competition among a wider variety of market participants.16. Social Security. We should establish a fair and adequate social security system that covers all citizens and ensures basic access to education, health care, retirement security, and employment.17. Protection of the Environment. We need to protect the natural environment and to promote development in a way that is sustainable and responsible to our descendents and to the rest of humanity. This means insisting that the state and its officials at all levels not only do what they must do to achieve these goals, but also accept the supervision and participation of non-governmental organizations.18. A Federated Republic. A democratic China should seek to act as a responsible major power contributing toward peace and development in the Asian Pacific region by approaching others in a spirit of equality and fairness. In Hong Kong and Macao, we should support the freedoms that already exist. With respect to Taiwan, we should declare our commitment to the principles of freedom and democracy and then, negotiating as equals, and ready to compromise, seek a formula for peaceful unification. We should approach disputes in the national-minority areas of China with an open mind, seeking ways to find a workable framework within which all ethnic and religious groups can flourish. We should aim ultimately at a federation of democratic communities of China.19. Truth in Reconciliation. We should restore the reputations of all people, including their family members, who suffered political stigma in the political campaigns of the past or who have been labeled as criminals because of their thought, speech, or faith. The state should pay reparations to these people. All political prisoners and prisoners of conscience must be released. There should be a Truth Investigation Commission charged with finding the facts about past injustices and atrocities, determining responsibility for them, upholding justice, and, on these bases, seeking social reconciliation.China, as a major nation of the world, as one of five permanent members of the United Nations Security Council, and as a member of the UN Council on Human Rights, should be contributing to peace for humankind and progress toward human rights. Unfortunately, we stand today as the only country among the major nations that remains mired in authoritarian politics. Our political system continues to produce human rights disasters and social crises, thereby not only constricting China’s own development but also limiting the progress of all of human civilization. This must change, truly it must. The democratization of Chinese politics can be put off no longer.Accordingly, we dare to put civic spirit into practice by announcing Charter 08. We hope that our fellow citizens who feel a similar sense of crisis, responsibility, and mission, whether they are inside the government or not, and regardless of their social status, will set aside small differences to embrace the broad goals of this citizens’ movement. Together we can work for major changes in Chinese society and for the rapid establishment of a free, democratic, and constitutional country. We can bring to reality the goals and ideals that our people have incessantly been seeking for more than a hundred years, and can bring a brilliant new chapter to Chinese civilization.—translated from The Chinese by Perry Link以下是《中國人權》版,屬於粗製濫造:08 CharterA group of 303 Chinese writers, intellectuals, lawyers, journalists, retired Party officials, workers, peasants, and businessmen have issued an open letter -- the "08 Charter" -- calling for legal reforms, democracy and protection of human rights in China. An English translation of the Charter by Human Rights in China is below."08 Charter"PreambleThis year is the 100th year of China’s Constitution, the 60th anniversary of the Universal Declaration of Human Rights, the 30th anniversary of the birth of the Democracy Wall, and the 10th year since China signed the International Covenant of Civil and Political Rights. After experiencing a prolonged period of human rights disasters and a tortuous struggle and resistance, the awakening Chinese citizens are increasingly and more clearly recognizing that freedom, equality, and human rights are universal common values shared by all humankind, and that democracy, a republic, and constitutionalism constitute the basic structural framework of modern governance. A “modernization” bereft of these universal values and this basic political framework is a disastrous process that deprives humans of their rights, corrodes human nature, and destroys human dignity. Where will China head in the 21st century? Continue a “modernization” under this kind of authoritarian rule? Or recognize universal values, assimilate into the mainstream civilization, and build a democratic political system? This is a major decision that cannot be avoided.The monumental historic transformation in the mid-19th century exposed the decay of the traditional Chinese despotic system and ushered in the most “unprecedented and cataclysmic change in several thousands of years” in all of China. The Self-strengthening Movement (c 1861-1894) sought the improvement of China’s technical capacity. The defeat in the first Sino-Japanese War (1894-1895) once more exposed the anachronism of the political system. The Hundred Day Reform touched upon institutional innovations, but was a failure in the end because of the cruel suppression of the die-hard clique. On the surface, the Xinhai Revolution (1911) buried the imperial system that had lasted for more than 2,000 years and established Asia’s first republic. But, limited by the historical factors determined by internal trouble and external aggression, the republican political system lasted only for an instant, and despotism quickly returned.The failure of imitating mechanical innovation and institutional renewal prompted deep reflection among the people of the nation on the roots of this cultural sickness, which resulted in the “May 4” new culture movement under the banner of “science and democracy.” Because of frequent civil wars and invasions by external enemies, the course of China’s political democratization was forced to stop. The course of a constitutional government was initiated again after the victory in the War of Resistance against Japan (1937-1945), but the result of the civil war between the Kuomintang (the Nationalist Party) and the Communist Party caused China to sink into the abyss of the totalitarianism of the modern era. The “New China” established in 1949 is a “people’s republic” in name only. In fact, it is under the “Party’s dominion.” The ruling power monopolizes all the political, economic and social resources. It created a string of human rights catastrophes such as the Anti-Rightist Campaign, the Great Leap Forward, the Cultural Revolution, June 4, and attacks on non-governmental religious activities and on the rights defense movement, causing tens of millions of deaths, and exacted a disastrous price on the people and the country.The “reform and opening up” of the late 20th century extricated China from the pervasive poverty and absolute power in the Mao Zedong era, and substantially increased private wealth and the standard of living of the masses. Individual economic freedom and social privileges were partially restored, a civil society began to grow, and the calls for human rights and political freedom among the people increased by the day. Those in power, as they were implementing economic reforms aimed at marketization and privatization, also began to move from a position of rejecting human rights to one of gradually recognizing them. In 1997 and 1998, the Chinese government signed two important international human rights treaties. In 2004, the National People’s Congress amended the Constitution to include language to “respect and safeguard human rights.” And this year, [the government] has promised to formulate and implement a “National Human Rights Action Plan.” However, this political progress stops at the paper stage. There are laws but there is no rule of law. There is a constitution but no constitutional governance. And there is still the political reality that is obvious for all to see. The power bloc continues to insist on maintaining the authoritarian regime, rejecting political reform. This has caused corruption in officialdom, difficulty in establishing rule of law, and no protection of human rights, the loss of ethics, the polarization of society, warped economic development, damages in the natural and human environments, no systematic protection of the rights to property and the pursuit of happiness, the accumulation of countless social conflicts, and the continuous rise of resentment. In particular, the intensification of hostility between government officials and the ordinary people, and the dramatic rise of mass incidents, illustrate a catastrophic loss of control in the making, and the anachronism of the current system has reached a point where change must occur.II. Our Fundamental ConceptsAt this historical juncture of the future destiny of China, it is necessary to rethink the last 100 years of modernization and reaffirm the following concepts:Freedom: Freedom is at the core of universal values. The rights of speech, publication, belief, assembly, association, movement, and to demonstrate are all the concrete realizations of freedom. If freedom is not flourishing, then there is no modern civilization of which to speak.Human Rights: Human rights are not bestowed by the state, but are rights that each person is born with and enjoys. To ensure/guarantee human rights must be the foundation of the first objective of government and lawful public authority, and is also the inherent demand of “putting people first.” The past political calamities of China are all closely related to the disregard of human rights by the ruling authorities.Equality: Each individual, regardless of social status, occupation, gender, economic situation, ethnic group, skin color, religion, or political belief, is equal in human dignity and freedom. The principle of equality before the law and a citizen’s society must be implemented; the principle of equality of economic, cultural, and political rights must be implemented.Republicanism: Republicanism is “governing together; living peacefully together,” □ that is, the decentralization of power and balancing of interests, that is comprised of diverse interests, different social groups, pluralistic culture and groups seeking religious belief, on the foundation of equal participation, peaceful competition, public discussion, and peaceful handling of public affairs.Democracy: The most basic meaning is that sovereignty resides in the people and the people elect government. Democracy has the following basic characteristics: (1) the legitimacy of government comes from the people, the source of government power is the people; (2) government must be chosen by the people; (3) citizens enjoy the right to vote, important civil servants and officials of all levels should be produced through elections at fixed times; (4) the decisions of the majority must be respected while protecting the basic rights of the minority. In a word, democracy will become the modern tool for making government one “from the people, by the people, and for the people.”Constitutionalism: Constitutionalism is the principle of protecting basic constitutionally-guaranteed freedoms and rights of citizens through law and a rule of law, delimiting the boundaries of government power and actions, and providing corresponding systemic capacity.In China, the era of imperial power has long passed and will not return; in the world, authoritarian systems are approaching the dusk of their endings. The only fundamental way out for China: citizens should become the true masters of the nation, throw off the consciousness of reliance on a wise ruler or honest and upright official, make widely public civic consciousness of the centrality of rights and the responsibility of participation, and practice freedom, democracy, and respect for law.III. Our basic standpointIn line with a responsible and constructive citizens’ spirit towards the country’s political system, civil rights and various aspects of social development, we put forward the following specific standpoints:1. Amend the Constitution: Based on the aforementioned values and concepts, amend the Constitution, abolishing the provisions in the current Constitution that are not in conformity with the principle that sovereignty resides in the people so that the Constitution can truly become a document for guaranteeing human rights and [appropriate use of] public power. The Constitution should be the implementable supreme law that any individual, group or party shall not violate, and lay the legal foundation for the democratization of China.2. Separation and balance of power: A modern government that separates, checks and keeps balance among powers guarantees the separation of legislative, judicial, and administrative power. The principle of governing by laws and being a responsible Government shall be established. Over-expansion of executive power shall be prevented; the Government shall be responsible to the taxpayers; the separation, checking and keeping balance of powers between the central and local governments shall be set up; the central power authority shall be clearly defined and mandated by the Constitution, and the local governments shall be fully autonomous.3. Democratize the lawmaking process: All levels of the legislative bodies shall be directly elected. Maintain the principles of fairness and justice in making law, and democratize the lawmaking process.4. Independence of the judiciary: The judiciary shall be nonpartisan, free from any interference. Ensure judicial independence, and guarantee judicial fairness. Establish a Constitutional Court and a system of judicial review; maintain the authority of the Constitution. Abolish as soon as possible the Party’s Committees of Political and Legislative affairs at all levels that seriously endanger the country’s rule of law. Avoid using public tools for private objectives.5. Public institutions should be used for the public: Realize the nationalization of the armed forces. The military shall be loyal to the Constitution and to the country. The political party organizations in the armed forces should be withdrawn. The level of military professionalism should be raised. All civil servants including the police shall remain politically neutral. Discrimination in employment of civil servants based on party preference should be eliminated and equal employment without any party preference should be adopted.6. Protect human rights: Protection of human rights should be effectively implemented and human dignity should be safeguarded. A Commission on Human Rights shall be established that is responsible to the highest level of authority representing public opinion. [This Commission] will prevent government abuse of public power and violation of human rights, and especially protect the personal freedom of citizens. All persons should be be free from unlawful arrest, detention, summons, interrogation, and punishment. The system of Reeducation-Through-Labor should be abolished.7. Election of public officials: The democratic electoral system should be fully implemented, with the realization of the equal voting right of one person one vote. Direct election of all levels of administrative heads should be institutionalized step by step. Free competition in the elections on a regular basis and citizen participation in the election of public officials are inalienable basic human rights.8. Urban and rural equality: The current urban-rural household registration system should be repealed. The equal rights for all citizens guaranteed by the Constitution should be implemented. The freedom of movement for citizens should be protected.9. Freedom of association: Citizens’ right to freedom of association shall be safeguarded. The current system for registration and examination before approval for civil society organizations should be changed to a registration and recording system. The ban on freely organizing political parties should be lifted. All activities of parties should be regulated by the Constitution and law. One-party monopolization of ruling privileges should be abolished. The principle of freedom of activities of political parties and fair competition should be established. The normalization of party politics and a rule by law should be realized.10. Freedom of assembly: Peaceful assembly, protest, demonstration and freedom of expression are fundamental rights guaranteed by the Constitution. They should not be subject to unlawful interference and unconstitutional restrictions by the ruling party and the government.11. Freedom of expression: The freedom of speech, freedom of the press and academic freedom should be implemented. Citizens’ right to know and to monitor supervise should be protected. A press and publication law should be promulgated. The ban on freely publishing newspapers should be lifted. The current provision of "inciting subversion of state power" in the Criminal Law should be repealed and criminal punishment for speech should be eliminated.12. Freedom of religion: Freedom of religion and freedom of belief should be protected. Religion and politics should be separated. Religious activities should be free from government interference. All administrative regulations, administrative rules and local regulations and rules that restrict or deprive citizens’ freedom of religion should be reviewed and repealed. Management of religious activities by administrative legislature should be prohibited. The current prior approval system in which religious groups (including places of worship) must be registered before obtaining legal status should be abolished, and instead, a new record-keeping system for religious groups and their worship places should replace the current one.13. Citizen Education: Abolish political education and examinations that are deeply ideological and serve one-party rule. Promote citizen education that encompasses universal values and civil rights, establishes civil consciousness, and promotes the civil virtue of serving society.14. Property Protection: Establish and protect private property rights, implement a free and open market economy, protect the freedom of entrepreneurship, and eliminate administrative monopoly; set up a state-owned property management committee that is responsible to the highest legislative agency, initiate property rights reforms legally and orderly, make clear the property rights of owners and obligors, initiate a new land movement, advance land privatization, and strictly protect citizens’, in particular, farmers’, land rights.15. Fiscal Reforms: Firmly establish democracy in finance and protect taxpayers’ rights. Build a public finance system and operational mechanisms in which powers and obligations are clear, and create a reasonable and effective division of power in finance among all levels of government; implement major reforms in the tax system to reduce the tax rate, simplify the tax system, and achieve tax equity. The administrative departments should not be allowed to increase tax or create new tax arbitrarily without a social public choice and resolutions of the legislative agencies. Pass reforms on property rights, introduce diverse market subjects and competition mechanisms, lower the market-entry threshold in banking, and create conditions for the development of privately-owned banking to energize the financial system.16. Social Security: Build a social security system that covers all of the citizens, and provide them with fundamental protections for education, medical care, elderly care and employment.17. Environmental Protection: Protect the ecological environment, promote sustainable development, and take up responsibility to future generations and humanity; enforce the respective responsibilities of the state and government officials of all levels; perform the function of participation and supervision by civil organizations on environmental protection.18. Federal Republic: Participate in and maintain regional peace and development with an equal and fair attitude, and create an image of a responsible great country. Protect the free systems of Hong Kong and Macao. Under the precondition of freedom and democracy, seek a settlement resolution on cross-strait relations by way of equal negotiation and cooperative interaction. Explore possible ways and an institutional design to promote the mutual prospects of all ethnicities with great wisdom, and to establish China’s federal republic under the structure of democracy and constitutionalism.19. Transitional Justice: Rehabilitate the reputation of and give state compensation to the victims who suffered political persecution during past political movements as well as their families; release all political prisoners, prisoners of conscience, and people who are convicted because of their beliefs; establish a truth commission to restore historical truth, to pursue accountability and to fulfill justice; seek a settlement of the society on this foundation.IV. ConclusionChina, as a great nation of the world, one of the five permanent members of the United Nations Security Council, and a member of the Human Rights Council, should contribute to peace for humankind and progress in human rights. But to people’s regret, among the great nations of the world, China, alone, still clings to an authoritarian political way of life. As a result, it has caused an unbroken chain of human rights disasters and social crises, held back the development of the Chinese people, and hindered the progress of human civilization. This situation must change! The reform of political democratization can no longer be delayed.Because of this, we, with a civic spirit that dares to act, publish the “08 Charter.” We hope that all Chinese citizens who share this sense of crisis, responsibility and mission, without distinction between the government or the public, regardless of status, will hold back our differences to seek common ground, actively participate in this citizens’ movement, and jointly promote the great transformation of the Chinese society, so that we can establish a free, democratic and constitutional nation in the near future and fulfill the dreams that our people have pursued tirelessly for more than a hundred years.SignedYu Haocheng於浩成 (Beijing, Legal Scholar)Zhang Sizhi 張思之 (Beijing, Lawyer)Mao Yushi茅於軾 (Beijing, Economist)Du Guang杜 光 (Beijing, Political Scientist)Li Pu李 普 (Beijing, Senior Journalist)Sha Yexin 沙葉新 (Shanghai, Playwright)Liu Shahe流沙河 (Sichuan, Poet)Wu Maohua 吳茂華 (Sichuan, Writer)Zhang Xianyang 張顯揚 (Beijing, Ideologist)Sun Wenguang 孫文廣 (Shandong, Professor)Bao Tong 鮑 彤 (Beijing, Citizen)Ding Ziling 丁子霖 (Beijing, Professor)Zhang Xianling 張先玲 (Beijing, Engineer)Xu Jue 徐 玨 (Beijing, Researcher)Jiang Peikun 蔣培坤 (Beijing, Professor)Liu Xiaobo 劉曉波 (Beijing, Writer)Zhang Zuhua 張祖樺 (Beijing, Constitutional Scholar)Gao Yu 高 瑜 (Beijing, Journalist)Dai Qing戴 晴 (Beijing, Writer)Jiang Qisheng 江棋生 (Beijing, Scholar)Ai Xiaoming 艾曉明 (Guangdong, Professor)Liu Junning 劉軍寧 (Beijing, Political Scientist)Zhang Xukun 張旭昆 (Zhejiang, Professor)Xu Youyu 徐友漁 (Beijing, Philosopher)He Weifang 賀衛方 (Beijing, Legal Scholar)Mo Shaoping 莫少平 (Beijing, Lawyer)Chen Ziming 陳子明 (Beijing, Scholar)Zhang Boshu 張博樹 (Beijing, Political Scientist)Cui Weiping 崔衛平 (Beijing, Scholar)He Guanghu 何光滬 (Theologian)Hao Jian 郝 建 (Beijing, Scholar)Shen Minhua 沈敏驊 (Zhejiang, Professor)Li Datong 李大同 (Beijing, Journalist)Li Xianting 栗憲庭 (Beijing, Art Commentator)Zhang Ming 張 鳴 (Beijing, Professor)Yu Jie 餘 傑 (Beijing, Writer)Yu Shicun餘世存 (Beijing, Writer)Qin Geng 秦 耕 (Hainan, Writer)Zhou Duo 周 舵 (Beijing, Scholar)Pu Zhiqiang 浦誌強 (Beijing, Lawyer)Zhao Dagong 趙達功 (Shenzhen, Writer)Yao Lifa 姚立法 (Hubei, Election Expert)Feng Zhenghu 馮正虎 (Shanghai, Scholar)Zhou Qing 周 勍 (Beijing, Writer)Yang Hengjun 楊恒均 (Guangzhou [Guangdong], Writer)Teng Biao 滕 彪 (Beijing, Doctor of Law)Jiang Danwen 蔣亶文 (Shanghai, Writer)Woeser [Öser] 唯 色 (Tibet, Writer)Ma Bo 馬 波 (Beijing, Writer)Cha Jianying 查建英 (Beijing, Writer)Hu Fayun 胡發雲 (Hubei, Writer)Jiao Guobiao 焦國標 (Beijing, Scholar)Li Gongming 李公明 (Guangdong, Professor)Zhao Hui 趙 暉 (Beijing, Commentator)Li Boguang 李柏光 (Beijing, Doctor of Law)Fu Guoyong 傅國湧 (Zhejiang, Writer)Ma Shaofang 馬少方 (Guangdong, Businessman)Zhang Hong 張 閎 (Shanghai, Professor)Xia Yeliang 夏業良 (Beijing, Economist)Ran Yunfei 冉雲飛 (Sichuan, Scholar)Liao Yiwu 廖亦武 (Sichuan, Writer)Wang Yi 王 怡 (Sichuan, Scholar)Wang Xiaoyu王曉漁 (Shanghai, Scholar)Su Yuanzhen 蘇元真 (Zhejiang, Professor)Jiang Jianzhong 強劍衷 (Nanjing [Jiangsu], Senior Journalist)Ouyang Xiaorong 歐陽小戎 (Yunnan, Poet)Liu Di 劉 荻 (Beijing, Freelance Worker)Zan Aizong 昝愛宗 (Zhejiang, Journalist)Zhou Hongling 周鴻陵 (Beijing, Social Activist)Feng Gang馮 剛 (Zhejiang Professor)Chen Lin 陳 林 (Guangzhou [Guangdong], Scholar)Yin Xian 尹 賢 (Gansu, Poet)Zhou Ming 周 明 (Zhejiang, Professor)Ling Cangzhou 淩滄洲 (Beijing, Journalist)Tie Liu 鐵 流 (Beijing, Writer)Chen Fengxiao 陳奉孝 (Shandong, Former Rightist Student from Beijing University)Yao Bo 姚 博 (Beijing, Commentator)Zhang Jinjun 張津郡 (Guangdong, Manager)Li Jianhong 李劍虹 (Shanghai, Writer)Zhang Shanguang 張善光 (Hunan, Human Rights Defender)Li Deming 李德銘 (Hunan, Journalist)Liu Jianan 劉建安 (Hunan, Teacher)Wang Xiaoshan 王小山 (Beijing, Media Worker)Fan Yafeng 範亞峰 (Beijing, Doctor of Law)Zhou Mingchu 周明初 (Zhejiang, Professor)Liang Xiaoyan 梁曉燕 (Beijing, Environmental Volunteer)Xu Xiao 徐 曉 (Beijing, Writer)Chen Xi 陳 西 (Guizhou, Human Rights Defender)Zhao Cheng 趙 誠 (Shanxi, Scholar)Li Yuanlong 李元龍 (Guizhou, Freelance Writer)Shen Youlian 申有連 (Guizhou, Human Rights Defender)Jiang Suimin 蔣綏敏 (Beijing, Engineer)Lu Zhongming 陸中明 (Shaanxi, Scholar)Meng Huang 孟 煌 (Beijing, Artist)Lin Fuwu 林福武 (Fujian, Human Rights Defender)Liao Shuangyuan 廖雙元 (Guizhou, Human Rights Defender)Lu Xuesong 盧雪鬆 (Jilin, Teacher)Guo Yushan 郭玉閃 (Beijing, Scholar)Chen Huanhui 陳煥輝 (Fujian, Human Rights Defender)Zhu Jiuhu朱久虎 (Beijing, Lawyer)Jin Guanghong 金光鴻 (Beijing, Lawyer)Gao Chaoqun 高超群 (Beijing, Editor)Bo Feng 柏 風 (Jilin, Poet)Zheng Xuguang 鄭旭光 (Beijing, Scholar)Zeng Jinyan 曾金燕 (Beijing, Rights Activist)Wu Yuqin 吳玉琴 (Guizhou, Human Rights Defender)Du Yilong 杜義龍 (Shaanxi, Writer)Li Hai 李 海 (Beijing, Human Rights Defender)Zhang Hui 張 輝 (Shanxi, Democracy Activist)Jiang Shan 江 山 (Guangdong, Property Rights Activist)Xu Guoqing 徐國慶 (Guizhou, Democracy Activist)Wu Yu 吳 鬱 (Guizhou, Democracy Activist)Zhang Mingzhen 張明珍 (Guizhou, Democracy Activist)Zeng Ning 曾 寧 (Guizhou, Democracy Activist)Quan Linzhi 全林誌 (Guizhou, Democracy Activist)Ye Hang 葉 航 (Zhejiang, Professor)Ma Yunlong 馬雲龍 (Henan, Senior Journalist)Zhu Jianguo 朱健國 (Guangdong, Freelance Writer)Li Tie 李 鐵 (Guangdong, Social Activist)Mo Jiangang 莫建剛 (Guizhou, Freelance Writer)Zhang Yaojie 張耀傑 (Beijing, Scholar)Wu Baojian 吳報建 (Zhejiang, Lawyer)Yang Guang 楊 光 (Guangxi, Scholar)Yu Meisun 俞梅蓀 (Beijing, Legal Professional)Xing Jian 行 健 (Beijing, Legal Professional)Wang Guangze 王光澤 (Beijing, Social Activist)Chen Shaohua 陳紹華 (Guangdong, Designer)Liu Yiming 劉逸明 (Hubei, Freelance Writer)Wu Zuolai 吳祚來 (Beijing, Researcher)Gao Zhen 高 兟 (Shandong, Artist)Gao Qiang 高 強 (Shandong, Artist)Tang Jingling 唐荊陵 (Guangdong, Lawyer)Li Xiaolong 黎小龍 (Guangxi, Rights Activist)Jing Chu 荊 楚 (Guangxi, Freelance Writer)Li Biao 李 彪 (Anhui, Businessman)Guo Yan 郭 豔 (Guangdong, Lawyer)Yang Shiyuan楊世元 (Zhejiang, Retiree)Yang Kuanxing 楊寬興 (Shandong, Writer)Li Jinfang 李金芳 (Hebei, Democracy Activist)Wang Yuwen 王玉文 (Guizhou, Poet)Yang Zhongyi楊中義 (Anhui, Worker)Wu Xinyuan 武辛源 (Hebei, Peasant)Du Heping 杜和平 (Guizhou, Democracy Activist)Feng Ling 馮 玲 (Hubei, Volunteer for Constitutional Politics)Zhang Xianzhong 張先忠 (Hubei, Entrepreneur)Cai Jingzhong 蔡敬忠 (Guangdong, Peasant)Wang Dianbin 王典斌 (Hubei, Business Owner)Cai Jincai 蔡金才 (Guangdong, Peasant)Gao Aiguo 高愛國 (Hubei, Business Owner)Chen Zhanyao 陳湛堯 (Guangdong, Peasant)He Wenkai 何文凱 (Hubei, Business Owner)Wu Dangying 吳黨英 (Shanghai, Rights Activist)Zeng Qingbin 曾慶彬 (Guangdong, Worker)Mao Haixiu 毛海秀 (Shanghai, Rights Activist)Zhuang Daohe 莊道鶴 (Hangzhou, Lawyer)Li Xiongbing 黎雄兵 (Beijing, Lawyer)Li Renke 李任科 (Guizhou, Democracy Activist)Zuo Li 左 力 (Hebei, Lawyer)Dong Dezhu 董德築 (Guizhou, Democracy Activist)Tao Yuping 陶玉平 (Guizhou, Democracy Activist)Wang Junxiu王俊秀 (Beijing, IT Professional)Huang Xiaomin 黃曉敏 (Sichuan, Rights Activist)Zheng Enchong 鄭恩寵 (Shanghai, Legal Adviser)Zhang Junling 張君令 (Shanghai, Rights Activist)Yang Hai 楊 海 (Shaanxi, Scholar)Ai Fulai 艾福榮 (Shanghai, Rights Activist)Yang Huaren 楊華仁 (Hubei, Legal Professional)Wei Qin 魏 勤 (Shanghai, Rights Activist)Su Zuxiang 蘇祖祥 (Hubei, Teacher)Shen Yulian 沈玉蓮 (Shanghai, Rights Activist)Guan Hongshan 關洪山 (Hubei, Human Rights Defender)Song Xianke 宋先科 (Guangdong, Businessman)Wang Guoqiang 汪國強 (Hubei, Human Rights Defender)Chen Enjuan 陳恩娟 (Shanghai, Rights Activist)Li Yong 李 勇 (Beijing, Media Worker)Chang Xiongfa 常雄發 (Shanghai, Rights Activist)Wang Jinglong 王京龍 (Beijing, Management Scholar)Xu Zhengqing 許正清 (Shanghai, Rights Activist)Gao Junsheng 高軍生 (Shaanxi, Editor)Zheng Beibei 鄭蓓蓓 (Shanghai, Rights Activist)Wang Dinghua 王定華 (Hubei, Lawyer)Tan Lanying 談蘭英 (Shanghai, Rights Activist)Fan Yanqiong 範燕瓊 (Fujian, Human Rights Defender)Lin Hui 林 輝 (Zhejiang, Poet)Wu Huaying 吳華英 (Fujian, Human Rights Defender)Xue Zhenbiao 薛振標 (Zhejiang, Democracy Activist)Dong Guojing 董國菁 (Shanghai, Human Rights Defender)Chen Yufeng 陳玉峰 (Hubei, Legal Professional)Duan Ruofei 段若飛 (Shanghai, Human Rights Defender)Wang Zhongling 王中陵 (Shaanxi, Teacher)Dong Chunhua 董春華 (Shanghai, Human Rights Defender)Chen Xiuqin 陳修琴 (Shanghai, Human Rights Defender)Liu Zhengyou 劉正有 (Sichuan, Human Rights Defender)Ma Xiao 馬 蕭 (Beijing, Writer)Wan Yanhai 萬延海 (Beijing, Public Health Expert)Shen Peilan 沈佩蘭 (Shanghai, Rights Activist)Ye Xiaogang 葉孝剛 (Zhejiang, Retired University Faculty Member)Zhang Jingsong張勁鬆 (Anhui, Worker)Zhang Jinfa 章錦發 (Zhejiang, Retiree)Wang Liqing 王麗卿 (Shanghai, Rights Activist)Zhao Changqing 趙常青 (Shaanxi, Writer)Jin Yuehua 金月花 (Shanghai, Rights Activist)Yu Zhangfa 餘樟法 (Guangxi, Writer)Chen Qiyong 陳啟勇 (Shanghai, Rights Activist)Liu Xianbin 劉賢斌 (Sichuan, Democracy Activist)Ouyang Yi歐陽懿 (Sichuan, Human Rights Defender)Deng Huanwu 鄧煥武 (Chongqing, Businessman)He Weihua 賀偉華 (Hunan, Democracy Activist)Li Dongzhuo 李東卓 (Hunan, IT Professional)Tian Yongde 田永德 (Inner Mongolia Autonomous Region, Human Rights Defender)Zhi Xiaomin 智效民 (Shanxi, Scholar)Li Changyu李昌玉 (Shandong, Teacher)Guo Weidong 郭衛東 (Zhejiang, Office Worker)Chen Wei 陳 衛 (Sichuan, Democracy Activist)Wang Jinan王金安 (Hubei, Business Owner)Cai Wenjun蔡文君 (Shanghai, Rights Activist)Hou Shuming 侯述明 (Hubei, Business Owner)Liu Hannan 劉漢南 (Hubei, Human Rights Defender)Shi Ruoping 史若平 (Shandong, Professor)Zhang Renxiang 張忍祥 (Hubei, Human Rights Defender)Ye Du野 渡 (Guangdong, Editor)Xia Gang 夏 剛 (Hubei, Human Rights Defender)Zhao Guoliang 趙國良 (Hunan, Democracy Activist)Li Zhiying 李智英 (Beijing, Scholar)Zhang Zhongfa 張重發 (Guizhou, Democracy Activist)Chen Yongmiao 陳永苗 (Beijing, Scholar)Jiang Ying 江 嬰 (Tianjin, Poet)Tian Zuxiang 田祖湘 (Guizhou, Democracy Activist)Huang Zhijia 黃誌佳 (Hubei, Civil Servant)Guan Yebo 關業波 (Hubei, Civil Servant)Wang Wangming王望明 (Hubei, Business Owner)Gao Xinrui 高新瑞 (Hubei, Entrepreneur)Song Shuiquan 宋水泉 (Hubei, Legal Professional)Zhao Jingzhou 趙景洲 (Helongjiang, Human Rights Defender)Wen Kejian 溫克堅 (Zhejiang, Scholar)Wei Wenying 魏文英 (Yunnan, Teacher)Chen Huijuan 陳惠娟 (Helongjiang, Human Rights Defender)Chen Yanxiong 陳炎雄 (Hubei, Teacher)Duan Chunfang 段春芳 (Shanghai, Human Rights Defender)Liu Zhengshan 劉正善 (Yunnan, Engineer)Guan Min 關 敏 (Hubei, University Teacher)Dai Yuanlong 戴元龍 (Fujian, Business Owner)Yu Yiwei 餘以為 (Guangdong, Freelance Writer)Han Zurong 韓祖榮 (Fujian, Business Owner)Wang Dingliang 汪定亮 (Hubei, Lawyer)Chen Qinglin 陳青林 (Beijing, Human Rights Defender)Qian Shishun 錢世順 (Guangdong, Business Owner)Zeng Boyan 曾伯炎 (Sichuan, Writer)Ma Yalian 馬亞蓮 (Shanghai, Human Rights Defender)Che Hongnian 車宏年 (Shandong, Freelance Writer)Qin Zhigang 秦誌剛 (Shandong, Electronic Engineer)Song Xiangfeng 宋翔峰 (Hubei, Teacher)Deng Fuhua 鄧複華 (Hubei, Writer)Xu Kang 徐 康 (Hubei, Civil Servant)Li Jianqiang 李建強 (Shandong, Lawyer)Li Renbing 李仁兵 (Beijing, Lawyer)Qiu Meili 裘美麗 (Shanghai, Rights Activist)Lan Zhixue 蘭誌學 (Beijing, Lawyer)Zhou Jinchang 周錦昌 (Zhejiang, Retiree)Huang Yanming 黃燕明 (Guizhou, Democracy Activist)Liu Wei 劉 巍 (Beijing, Lawyer)Yan Liehan 鄢烈漢 (Hubei, Business Owner)Chen Defu 陳德富 (Guizhou, Democracy Activist)Guo Yongxin 郭用新 (Hubei, Doctor)Guo Yongfeng 郭永豐 (Guangdong, Founder of the Association of Chinese Citizens for Monitoring the Government [中國公民監政會])Yuan Xinting 袁新亭 (Guangzhou [Guangdong], Editor)Qi Huimin 戚惠民 (Zhejiang, Democracy Activist)Li Yu 李 宇 (Sichuan, Journalist)Xie Fulin 謝福林 (Hunan, Human Rights Defender)Xu Guang 徐 光 (Zhejiang, Business Owner)Ye Huo 野 火 (Guangdong, Freelance Writer)Zou Wei 鄒 巍 (Zhejiang, Rights Activist)Xiao Libin 蕭利彬 (Zhejiang, Engineer)Gao Haibing 高海兵 (Zhejiang, Democracy Activist)Tian Qizhuang 田奇莊 (Hebei, Writer)Deng Taiqing 鄧太清 (Shanxi, Democracy Activist)Pei Hongxin 裴鴻信 (Hebei, Teacher)Xu Min 徐 民 (Jilin, Legal Professional)Li Xige李喜閣 (Henan, Rights Activist)Wang Debang 王德邦 (Beijing, Writer)Feng Qiusheng 馮秋盛 (Guangdong, Peasant)Hou Wenbao 侯文豹 (Anhui, Rights Activist)Tang Jitian 唐吉田 (Beijing, Lawyer)Liu Rongchao 劉榮超 (Anhui, Peasant)Li Tianxiang 李天翔 (Henan, Worker)Cui Yuzhen 崔玉振 (Hebei, Lawyer)Xu Maolian 許茂連 (Anhui, Peasant)Zhai Linhua 翟林華 (Anhui, Teacher)Tao Xiaoxia 陶曉霞 (Anhui, Peasant)Zhang Wang 張 望 (Fujian, Worker)Huang Dachuan 黃大川 (Liaoning, Office Worker)Chen Xiaoyuan 陳嘯原 (Hainan, Office Worker)Zhang Jiankang 張鑒康 (Shaanxi, Legal Professional)Zhang Xingshui 張星水 (Beijing, Lawyer)Ma Gangquan 馬綱權 (Beijing, Lawyer)Wang Jinxiang 王金祥 (Hubei, Rights Activist)Wang Jiaying 王家英 (Hubei, Business Owner)Yan Laiyun 鄢來雲 (Hubei, Business Owner)Li Xiaoming 李小明 (Hubei, Rights Activist)Xiao Shuixiang 肖水祥 (Hubei, Rights Activist)Yan Yuxiang 鄢裕祥 (Hubei, Rights Activist)Liu Yi 劉 毅 (Beijing, Artist)Zhang Zhengxiang 張正祥 (Yunnan, Environmental Activist)