Wednesday, October 30, 2019

那些关于言论自由的经典判词

编者按:
近期由于“莫雷”的言论,以及中美价值观的冲突,使得国内外对于“言论自由”的讨论再一次甚嚣尘上。将“言论自由”作为普世价值观的美国,在法律历史上出现过不少捍卫“言论自由”的经典判词。时时地回顾,有助于读者们对于“言论自由”有更深的理解。
言论自由是有边界的,而边界的定义在学术界至今没有定论。不过比较明确的是“人身攻击”以及“仇恨言论”都不属于言论自由的范畴。显然,有些话你是出于你的国籍身份说出来的(如莫雷对于香港的理解),而有些话是作为“人”最基本的道德良善(如不应该为暴徒叫好、不应该种族歧视)。
美国虽然没有在言论自由这方面做到尽善尽美,但至少在监督美国政府这方面做的不错。比如大法官认为网友在推特上喷特朗普并不违法。

「斯奈德诉费尔普斯案」判词
2011年,首席大法官 约翰•罗伯茨

2011年「斯奈德诉费尔普斯案」判决理由,部分汇集了美国最高法院历史上诸多言论自由名案的经典判词。
比如,「对公共事务的讨论应当不受抑制、充满活力并广泛公开」(《纽约时报》诉沙利文案);「对公共事务的讨论不只是一种自我表达,更是人民自治的基础」(盖瑞森诉路易斯安那州案);「在第一修正案的价值体系中,关于公共事务的言论位于最高层级,应受到特别保护」(康尼克诉迈尔斯案)。
执笔判决词的首席大法官约翰•罗伯茨最后总结道:
言论威力无穷,可激发人们各样情绪,或令他们怆然泣下,或令他们喜极而涕,而在本案中,某些言论给死者家属带来了巨大痛苦。
但是,即便如此,我们也不能为安抚他人伤痛,而令言者有罪。基于维护言论自由之立国承诺,「为确保政府不压制公共讨论,即使是伤害公众感情的言论,也应当加以保护」。
罗伯茨的判决,延续了最高法院近半个世纪以来的基本立场,那就是,尽可能保护政治性言论的自由,或者说,保护人民就公共事务开展讨论的自由。这些立场,正是由1964年的「《纽约时报》诉沙利文案」确立的。

「惠特妮诉加利福尼亚州案」判词
1927年,大法官 布兰代斯

那些为我们争得独立者深信,国家的终极目的,是协助人们自由、全面地发展;在政府内部,民主协商的力量,应超过独裁专断的势力。
建国先贤们珍视自由,将之视为目标与手段的统一。他们深信,自由是幸福之本,而勇气则为自由之本。他们也相信,自由思考,畅所欲言,是探索和传播政治真理不可或缺的途径。如果没有言论自由和集会自由,所谓理性商讨就是一句空话。有了言论自由和集会自由,才能保障理性商讨,防止有害学说的蔓延传播。
自由的最大威胁,是思维僵化、消极冷漠的民众。参与公共讨论是一项政治义务,更是美国政府的立国之本。建国先贤们承认,有制度存在,自然有违法风险。但他们也清楚,社会秩序不能单靠惩处违法来维持;禁锢思想、希望和想象会招致更多危险;恐惧会滋生更多压迫;压迫会引发更多仇恨;仇恨必将危及政府的稳定。保障安全的万全之策,在于保证人们能够自由讨论各种困境及解决方案。
纠正坏主意的最好办法,就是提出一个好主意。
正是因为相信公共讨论中蕴含的理性力量,建国先贤才放弃了钳制言论的立法——藉助武力的讨论无疑是最坏的讨论形式。他们也认识到,即使是多数人的统治,也可能滋生暴政,所以才制订了宪法修正案,进一步保障言论自由和集会自由。
对社会危害的恐惧,不能成为打压言论自由和集会自由的正当借口。


「坎特韦尔诉康涅狄格州案」判词
1940年,大法官 欧文•罗伯茨

宗教、政治信仰是常常发生尖锐对立的领域:一个人的坚定笃信,可能被他人视为无稽之谈。
据我们所知,为了说服别人接受他的观点,有些人会用夸张甚至虚假的陈述,去贬低那些显赫的宗教或政界人物。但是,历史给我国的人民带来的启示是:
尽管存在滥用自由现象,但从长远来看,这些自由在一个民主国家,对于促成开明的公民意见和正当的公民行为,可谓至关重要。


「《纽约时报》诉沙利文案」判词
1964年,大法官 小威廉•布伦南

政府官员名誉受损,并不意味着我们要以压制自由言论为代价进行救济。


「科恩诉加利福尼亚州案」判词
1971年,大法官 哈伦

在本案中,最高法院认为在公共场合用粗话表达政治意见也属于言论自由的一种,哈伦大法官在判决书中写下了令人赞叹的判词:
「一个人的粗话,可能是另一个人的抒情诗。」(One man's vulgarity is another's lyric)
他写道:
宪法保护的表达自由权利,在这个人口众多,日趋多元的社会里,无疑是一剂良药。创设这一权利,就是为了解除政府对公共讨论施加的种种限制,将讨论何种议题的决定权,最大限度交到我们每个人手中。
我们希望,表达自由最终能够创造一个更有力的公民社会、更优良的政治制度。我们也相信,对言论自由的任何限制和约束,都与我们的政治体制所依赖的个体尊严和自由选择格格不入……
从这个意义来说,允许这一自由的存在,或许会导致尘世喧嚣,杂音纷扰,各类不和谐之声不绝于耳,有时甚至会有一些冒犯性的言论。但是,在既定规范之下,这些仅是扩大公共讨论范围导致的一点点副作用罢了。
容许空气中充满不和谐的声音,不是软弱的表现,而是力量的象征。


「得克萨斯州诉约翰逊案」判词
1989年,大法官 布伦南

1989年最高法院以微弱的优势裁定,「焚烧美国国旗」属于言论自由。这将对政治性言论的保护推向了巅峰。
布伦南大法官在判决书中写道:
今天的判决将使我们更加坚信,禁止对约翰逊焚烧国旗的行为施以刑事惩罚,不会危及国旗作为特殊象征之地位以及它所传达的情感。援引霍姆斯大法官的话来说,亦即,任何人都不能想象一位名不见经传的人士的一次表达行为,会断然改变我们的人民对于国旗的态度。
事实上,德州关于焚烧国旗行为「极有可能破坏社会治安」的主张,以及该州法律认定对国旗的物质损害将会导致「严重冒犯」的观点,恰恰表明国旗的特殊角色并未处于危险当中。否则根本不会有人认为焚烧国旗就意味着震撼社会和构成冒犯。
我们说,今天的判决事实上将加强而非削弱国旗在我们社会中理应受到尊敬的地位。我们的判决重申了国旗本身所最能反映的自由和宽容原则;我们能够容忍类似约翰逊在本案中的批评,乃是我们力量的标志和源泉。
事实上,国旗之最为我们自豪的一幅图景,亦即伴随着我们的国歌永远不朽的,是麦克亨利要塞的隆隆炮声。是这个国家的自强不息,而不是顽固不化,才是得克萨斯州所看到的反映于国旗中的精神,而这正是我们今天所要重申的。
维护国旗之特殊地位的合适方法,并非去惩罚那些对国家事务持有不同想法的人们,而是说服他们看到自己的错误。而且,正因被烧毁的是我们的国旗,人们对焚烧国旗者的反应才展现了国旗自身的力量。
可以想象,没有比挥舞自己手中的国旗更为恰当地响应焚烧国旗的行为了,没有比向被焚毁的国旗致礼更能回应焚烧者试图传达的信息了,也没有比满怀敬意掩埋国旗的残片更能保存对国旗的敬意了——正如事件的目击者所做的那样。
我们惩罚亵渎,并不能使国旗变得神圣,因为如果这么做,我们就淡化了这个珍贵的象征所表达的自由。

作为自由守护者的州法院
大法官 小威廉•布伦南

在现代美国,有必要保护我们所有人免受政府的专横作为之害,如今的政府比我们先辈那时的政府更强有力,更无处不在;我们必须适切解释那些保障条款来延续先辈的基本政策,为了一个自由的社会,维持政府的宪政架构。

Regardless of liberal or conservative leanings, these are the influential legal minds who have and will set the course of U.S. justice for decades. Listening to the words of justices past and present may help you follow a more righteous path.
1. "More important than your obligation to follow your conscience, or at least prior to it, is your obligation to form your conscience correctly." - Antonin Scalia
2. "So often in life, things that you regard as an impediment turn out to be great good fortune." -Ruth Bader Ginsburg
3. "I do know one thing about me: I don't measure myself by others' expectations or let others define my worth." -Sonia Sotomayor
4. "The remedy for speech that is false is speech that is true. This is the ordinary course in a free society. The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight-out lie, the simple truth." - Anthony Kennedy
5. "If children do not understand the Constitution, they cannot understand how our government functions, or what their rights and responsibilities are as citizens of the United States." - John Roberts
6. "Independence means you decide according to the law and the facts." - Stephen Breyer
7. "The Supreme Court, of course, has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals. But the Court must also recognize the limits on itself and respect the choices made by the American people." - Elena Kagan
8. "Do the best you can in every task, no matter how unimportant it may seem at the time. No one learns more about a problem than the person at the bottom." - Sandra Day O'Connor
9. "Most of the things worth doing in the world had been declared impossible before they were done." ­-Louis Brandeis
10. "To listen well is as powerful a means of communication and influence as to talk well." ­- John Marshall
11. "In recognizing the humanity of our fellow beings, we pay ourselves the highest tribute." ­- Thurgood Marshall
12. "I don't know that there are any short cuts to doing a good job." -Sandra Day O'Connor
13. "You know, failure hurts. Any kind of failure stings. If you live in the sting, you will--undoubtedly--fail. My way of getting past the sting is to say no, I'm just not going to let this get me down."- Sonia Sotomayor
14. "When we lose the right to be different, we lose the privilege to be free." - Charles Evan Hughes
15. "Everything I did in my life that was worthwhile, I caught hell for." - Earl Warren
16. "The great thing in the world is not so much where we stand, as in what direction we are moving." - Oliver Wendell Holmes
17. "The liberties of none are safe unless the liberties of all are protected." William O. Douglas
18. "If you would only recognize that life is hard, things would be so much easier for you." - Louis Brandeis
19. "A man has to live with himself, and he should see to it that he always has good company." - Charles Evan Hughes
20. "There are no menial jobs, just menial attitudes." - William J. Brennan.
21. "If it is a mistake of the head and not the heart don't worry about it, that's the way we learn." - Earl Warren
22. "The young man knows the rules, but the old man knows the exceptions." - Oliver Wendell Holmes

23. "erroneous statement is inevitable in free debate, and ... it must be protected if the freedoms of expression are to have the 'breathing space' that they need to survive". The United States, Brennan noted, is founded on the "profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials." - Justice Brennan

Sunday, October 27, 2019

转:政治常识扫盲:澄清“言论自由”的各种误区

★言论自由的重要性


  为啥俺首先想到要普及“言论自由”的常识,因为言论自由非常重要性。以下是俺总结的重要性。

◇对“基本人权”而言


  在“基本人权”里面,排在第二位的是“自由权”,而言论自由是“自由权”的重要组成部分。所以在基本人权里,“言论自由”是很重要的一块。(可能有同学会好奇:“基本人权”里排在第一位的是啥?是“生命权”。)
  关于“基本人权”的更详细介绍,可以看维基百科的“这个词条”。这里就不再多罗嗦了。

◇对“民主制度”而言


  言论自由对民主体制同样是非常重要的。“民主”的核心包括两个要点:其一是“公民对公共事务的参与”,其二是“公民对公权力的监督”。这两个要点都离不开“言论自由”。
  有些国家虽然也搞了一人一票的直接选举,但这些国家没有很好地保障“言论自由”。那么就有可能蜕变成“名为民主,实为专制”。

◇对“互联网时代”而言


  21世纪也被称为互联网时代、信息时代。在日常生活中,基于网络的沟通越来越多,影响面也越来越大。所以俺觉得,非常有必要消除“对言论自由的误解”。


★公共空间 VS 私人空间


  这是最被忽视的一个误区,连很多自由派的网友都不晓得【公共空间】和【私人空间】的差别。混淆这两者的后果就是——在不该运用“言论自由”的场合强调言论自由——这导致了“对言论自由的【误用】”。

◇啥是“公共空间”?


  “公共空间”也称为“公共领域”,洋文是“public sphere”。考虑到“公共领域”一词很容易跟“公有领域”混淆(“公有领域”是版权/著作权方面的术语)。所以本文只使用“公共空间”这个说法。
  啥是“公共空间”捏?它符合如下几个特征:
1、不属于任何个人,不属于任何组织/机构。
2、任何公民都可以参与其中。
3、参与其中的公民可以自由地谈论公共事务。
  举例1:
  最有名的公共空间,大概就是英国伦敦海德公园的“演说者之角”。连共产运动的两位知名教主(马克思和列宁)都曾经在那发表演说,可见其宽松的程度。

  举例2:
  在咱们天朝,基本上是找不到公共空间的。比如说天安门广场,它符合“公共空间”的头两个特征,但不符合第3个特征。

  举例3:
  经常有人把“公共场合”等同于“公共空间”,这是错误滴!很多公共场合是【有主的】,并不能算公共空间。比如餐馆属于“公共场合”,但不是“公共空间”。

◇啥是“私人空间”?


  “私人空间”是跟“公共空间”相对应的术语,洋文叫“private sphere”。私人空间通常都属于某个组织、机构、个人。
  举例1:
  比如你自己家里就是你的私人空间。

  举例2:
  比如你在网上开设的个人博客或者个人网站也是你的私人空间。

◇哪些场合下才有言论自由?


  搞清楚“公共空间”和“私人空间”的概念之后,俺再来说一下这两种场合的言论自由。
  只有在公共空间或者是【自己的】私人空间,才有言论自由。那么,在【别人的】私人空间有没有言论自由捏?这就要看那个私人空间的主人是否给你言论自由。如果空间的主人允许,你就有;反之,则没有。
  举例1:
  比如你到某个论坛发帖,被站长删了。站长有没有违背言论自由捏?没有。因为论坛属于站长的“私人空间”,站长作为“所有者”,爱咋删就咋删。这是他/她的自由。

  举例2:
  比如音乐厅禁止观众在演奏期间说话,有没有违背言论自由捏?没有。因为音乐厅也是私人空间(可能属于某个公司或个人),私人空间就可以设立规则禁止言论。


★言论自由 VS 诽谤


  诽谤是否受言论自由保护?这又是一个很容易搞混淆的问题。对于这个问题,不同的国家有不同的立法。从立法的差异就可以看出民主成熟度的差异。下面俺分别介绍这些差异。

◇言论的形式:陈述事实 VS 陈述观点


  言论大致上可以分为两类:“陈述事实”和“陈述观点”。那么“事实”与“观点”之间有何差异捏?请看俺之前的博文《批判性思维扫盲:学会区分“事实”与“观点”》。建议你先把之前这篇博文看完,再继续往下看本文。因为很多同学自以为清楚“事实与观点的差异”,其实不然。
  下面是不同国家的差异。

  较好的国家
  有些国家的立法明确规定:“陈述观点”的言论不能算“诽谤”。
  举例:
  比如美国的立法明确规定,“对观点的表述,无论侮辱性多强,依照美国法律均【不构成】诽谤。”。
  所以在美国,如果有人说:“我认为小布什是历史上最烂的总统”。这【不会】构成诽谤——因为这是陈述【观点】。
  显然,这样的立法具有更宽松的言论自由环境。

  较差的国家
  有些国家对言论的类型没有明确规定,也就是说,“陈述观点”也有可能构成诽谤。

◇言论的对象:活人 VS 死人


  有可能牵涉到诽谤罪名的言论,必定是针对“某人”的。关于言论的对象,还可以分两种:活人,死人。
  下面是不同国家的差异。

  较好的国家
  有些国家的立法明确规定:“诽谤罪的前提是针对活人”。换句话说,你可以随便骂已经死亡的人,不算诽谤。为啥会有这个前提捏?因为这些国家对“诽谤罪”的定义是,必须使得言论的对象造成【实质性伤害】。而死人是不存在“实质性伤害”的。
  显然,这样的立法具有更宽松的言论自由环境。

  较差的国家
  在有些国家,没有批评【死人】的言论自由。
  举例:伊斯兰教国家
  在某些奉行政教合一的伊斯兰国家,如果你胆敢批评穆罕穆德(伊斯兰教的创始人,已死了上千年),你的下场会很惨。

◇言论的对象:普通人 VS 公职人员


  对于“言论的对象”,俺刚才解释“活人”与“死人”的差异。除了这个差异,还存在另一个差异:身份的差异。身份的差异有很多种,俺重点说一下“普通人”和“公职人员”的差异(所谓的“公职人物”就是在政府部门担任职务的人)。
  下面是不同国家的差异。

  较好的国家
  有些国家的立法,对“普通人”的保护力度更【大】,对“公职人物”的保护力度更【小】。为啥要对“公职人物”区别对待捏?刻意【减少】对“公职人物”的保护,反过来也就是方便对“公职人物”进行批评监督。这样民众就可以比较放肆地对政府官员进行批评,而不用担心被控诽谤。
  举例:美国的“真实恶意原则”
  比如美国的立法明确规定,“诽谤罪,适用于公职人员和普通个人的标准不同。如果原告是公职人员,原告必须【证明】被告(发言者)存在【真实恶意】,诽谤的罪名才能成立。”(这就是美国法律界非常有名的“真实恶意原则”,这是最高法院审理“纽约时报诉沙利文案”确立的,该案的维基词条在“这里”)
  所谓的“真实恶意”是指:发言人明知【事实陈述】是虚假的,依然发表该事实陈述。从这个定义可以看出:要【证明】“真实恶意”是非常困难滴(因为这涉及到,证明一个人的内心活动),所以美国【公职人员】在这类诉讼中很难获胜。
  反之,如果是针对普通的人的诽谤诉讼,原告无需证明被告(发言者)具有【真实恶意】。
  显然,这样的立法具有更宽松的言论自由环境,非常有利于对政府的监督。说到“监督政府”,其重要性可以参见之前的博文《对政府——多些“监督问责”,少些“煽情感动”

  较差的国家
  有些国家,不区分“公职人员”和“普通人”。在这些国家中批评政府官员就要当心了——因为政府官员可以反过来告你诽谤。
  举例:新加坡
  在这方面,最典型的例子就是新加坡。新加坡的三代领导人(李光耀、吴作栋、李显龙)非常善于用“诽谤罪”来打压反对党和舆论的批评。
  新加坡反对党的领导人徐顺全因为批评政府领导人,被控“诽谤罪”,受到巨额罚款,几乎倾家荡产。连美国报刊(比如:华尔街日报、纽约时报、等)驻新加坡的记者都多次被控告“对新加坡领导人诽谤”。

  奇葩的国家
  还有一种国家比“较差的国家”还要差,不妨称之为“奇葩的国家”(比如天朝就是)。在这些国家中,名义上也有针对“诽谤罪”的立法。但这些立法仅仅是摆设。在这些国家中,如果你胆敢批评政府领导人(不管你的批评言论是否构成“诽谤罪”),都会被逮捕。
  换句话说,这些国家同前面提到的“较好的国家”是【相反】滴。在“奇葩的国家”里面,你诽谤普通人,通常没啥事。但绝对不允许你批评政府领导人。


★言论自由 VS 煽动暴力/煽动仇恨


  很多人(包括很多自由派网友)都以为,“煽动暴力和煽动仇恨”不受言论自由保护。其实不一定。下面俺来详细介绍。
  在多数国家,“煽动暴力/煽动仇恨”都不受言论自由保护。尤其是煽动颠覆政府的言论,更加不受保护。但如果你仔细考察美国的立法,你会发现:对于暴力言论,美国的立法是“既宽松又细致”。
  在美国的立法中,对这类言论是否违法,有一个判断原则叫“明显且即刻的危险”(由霍尔姆斯大法官1919年首次提出)。这个判断原则,通俗地说就是:某人发布的“煽动暴力/煽动仇恨”言论,如果会导致【立即】的违法行为,并且违法行为的危害很严重,该言论才会被判违法;反之,就是合法的,受言论自由保护。
  举例1:
  如果某人在美国发表言论说:“希望用暴力方式推翻美国政府”。
  这句话虽然煽动暴力,但【没有】违法,依然受言论自由保护。因为这句话没有产生“即刻性的危险”。

  举例2:
  假如某个【很有影响力】的宗教领袖对其信徒说:“今天晚上去放火把某某人的房子烧了”。
  这句话就会被判违法。因为发言者具有影响力(宗教领袖),而且言论包含了迫在眉睫的时间(今晚)和严重的威胁(纵火)。
  刚才这两个例子都是俺杜撰的,所以某些同学或许还将信将疑。为了更加具有说服力,给大伙儿介绍一下美国司法史上著名的判例:
  “布兰登伯格诉俄亥俄州案”(Brandenburg v. Ohio)
  美国俄亥俄州有一个三K党(Ku Klux Klan)首领叫布兰登伯格(没听过三K党的同学,先去查维基百科)。此人在1968年通过电视发布了一段反黑人反犹太人的演讲。其中一句是:“如果总统、国会和最高法院继续压制白种人,我们将采取某些报复行动。我们有40万人,将于7月4日向国会进军。
  由于这个演讲,俄亥俄州当地法官判处布兰登伯格10年监禁。俄亥俄州法官的判决依据是当地的《组织犯罪防治法》。布兰登伯格不服,提起上述,最后一直闹到最高法院。最高法院在1969年作出裁决,9名大法官一致认定:俄亥俄州的《组织犯罪防治法》违宪,布兰登伯格胜诉。
  最高法院给出的裁决书中提到:煽动言论不但要【相当可能】导致【即刻】的危害,而且危害必须【相当明显和严重】,政府才能采取限制言论的行动。
  俺估计,某些不了解美国言论自由的同学,第一次看到这样的案例,会被惊得目瞪口呆。


★言论自由 VS 冒犯/挑衅言论


  说完“煽动暴力/煽动仇恨”言论,顺便说说“冒犯性/挑衅性言论”。
  还是以美国为例,看看美国的立法如何对待“冒犯和挑衅言论”。在1942年的“查普林斯基诉新罕布什尔州案”(洋文是 Chaplinsky v. New Hampshire),最高法院裁决:含“挑衅字眼”(fighting word)的言论是违法的,【不受】言论自由保护。为了防止被滥用,对啥是“挑衅字眼”有严格的定义。必须【同时符合】如下三条,才算。
1. 通过激怒别人而“煽动【即刻的】破坏和平行为”的言论;
2. 这些言论“由普通人通过【常识判断】很可能会引发【暴力】反应”;
3. 这些言论还必须是“【直接针对】听者”。
  从上述定义再次看出,美国的立法非常细致——细致才有可操作性,从而避免判决时,人为的随意性。

  关于“冒犯和挑衅言论”的立法还没完。二战后发生了另一个案子“皮条客杂志诉福尔韦尔案”(洋文是 Hustler v. Falwell,维基词条在“这里”)。这个案子也闹到了最高法院。最高法院给出的裁决是:针对“公众人物”(public figure)的冒犯性讽刺完全受言论自由保护。裁决中所说的“公众人物”,涵盖了政府官员和各种名人。
  经过这两个判例,美国确立了:针对普通人(private figure)的冒犯言论是违法的,不受言论自由保护;相反,针对“公众人物”(public figure)的冒犯性言论受言论自由保护。
  对比一下奇葩的天朝。
  咱们伟大的党国跟万恶的美帝国主义当然是相反滴——在天朝,用言论挑衅普通人通常没啥事。但如果你胆敢用言论挑衅朝廷高官,就让你吃不了兜着走。不信请看如下例子:
  举例:天朝的“一坨屎劳教案”
  重庆市民方洪,网名“方竹笋”。2011年,此人在网上发了一个帖子,讽刺薄熙来和王立军在重庆的“黑打”(李庄案)。帖子原文如下:
  “这次就是勃起来屙了一坨屎叫王立军吃,王立军端给检察院,检察院端给法院,法院叫李庄吃,李庄律师说他不饿,谁屙的谁吃,这不退给王博士了,他主子屙的他不吃谁吃!”
  “方竹笋”因为此帖被抓去劳教两年。薄熙来倒台之后,才放出来。如果薄熙来没倒台,可能就远远不止两年啦。


★言论自由 VS 淫秽/色情言论


  在多数国家中,“淫秽”与“色情”言论是不受言论自由保护的。但是,何种言论才算是“淫秽/色情”,其边界是非常模糊滴。比如“人体艺术”算不算色情,争议就很大。
  在这方面,美国的立法值得参考。美国最高法院在审理“米勒诉加利福尼亚州案”(Miller v. California)的时候,确立了法学界很有名的“米勒测试原则”。这个原则主要包含如下三条:
1. 在本地当前的社会标准中,所涉及的对象或作品就其【总体而言】会唤起【普通人】的淫欲(prurient interest);
2. 对性行为的描写引起人们的【明显反感】,并违反各州法律;
3. 作品就【总体而言】,缺乏严肃的文学、艺术、政治或科学价值。
(以上三条判定【同时】成立,该言论被判定为“淫秽言论”,不受言论自由保护)
  该原则还有若干附录细则。比如说:有一本书的内容符合上述的“米勒测试”。但如果你只是在家中私藏这本书,没有拿出来公布,那就是合法的。
  另外,美国法律对“儿童色情”有更严厉的限制。比如:私藏儿童色情内容是违法的。不光是美国,欧美主要的民主国家,对儿童色情的都有严厉的限制。在之前的博文《五毛谬论点评——“每个国家都有审查制度”》中,俺有提到西方民主国家对儿童色情的立法,细致到何种程度。

  从上述介绍可以看出:“米勒测试原则”是比较细致的。这样的好处是:具有较高的“可操作性”,降低了审理案件时,人为的、随意性的因素。


★总结


  本文多次举了美国的例子。为啥捏?因为美国在“保护言论自由”方面做得非常到位。即使成熟度比较高的民主国家,言论像美国这么宽松的,也不多见。俺觉得:美国的经验非常值得天朝的【新政府】学习(这里所说的“新政府”指的是推翻中共之后的新政府)。不好意思,俺忍不住又发表了“煽动颠覆国家政权”的言论 :)
  最后,引用美国最高法院霍尔姆斯大法官在1929年的一句话,作为本文的结尾:
宪法原则中最重要的是“自由思想的原则”——不是确保我们喜欢的思想的自由,而是确保我们所憎恨的思想的自由。
(不知道列位看官中,有多少人能够真正体会此话的深意)

Sunday, October 20, 2019

Does the end of the economic growth means the end of the Communist Party.

WHEN CHINESE leader Mao Zedong died in 1976, Chinese communism perished with him. Mao had always suspected his successor, Deng Xiaoping, of being a “capitalist roader.” In a sense, he was right. It took a couple of years for Deng to cement his place at the top, but he ultimately emerged victorious at the famous “Third Plenary” meeting of the Communist Party’s central committee in December 1978. On December 18, the meeting opened in Beijing. On December 19, Coca-Cola held a press conference in Atlanta to announce it had signed an agreement to reenter the Chinese market. On the same day in Seattle, Boeing announced the sale of three 747s to Air China.

By the time the Third Plenary closed on December 22, the leadership of the Chinese Communist Party (CCP) had formally committed to “conscientiously transforming the system and methods of economic management” by giving “local authorities and industrial and agricultural enterprises ... greater power of decision in management”—though of course all “under the guidance of unified state planning.”


The 1978 Third Plenary launched China on a forty-year trajectory of reform, opening and epic economic growth. The Chinese economy grew by a factor of thirty-five times between 1978 and 2018, according to official data. If you don’t trust the official numbers, scale that down to thirty times or twenty-five times. Lop a layer off the top to account for the simple remonetization of the economy in the first two decades of reform, as social services like food and housing that were once provided for free came to be bought on the market (and thus included in GDP). Make any adjustments you want; it doesn’t make any meaningful difference. The U.S. economy grew by a factor of 2.9 times over that period; large developing countries like Mexico (2.6) and Brazil (2.3) even less, according to data from the International Monetary Fund. China’s arch-rival India grew by a factor of twelve. By any measure, and despite many caveats, reform-era China has been the world champion of economic growth.
After four decades of unprecedented growth though, China’s economy is finally leveling off. Officially, the Chinese economy is still growing at a very respectable 6.5 percent, but no one who seriously studies it really believes that. Growth probably stalled at the end of 2015, when exports were falling, value-added tax receipts were flat and the purchasing managers’ index (PMI) was pointing toward a recession. Faced with a slew of bad statistics, the CCP took the easy way out: it fired the statistician. The director of the National Bureau of Statistics, Wang Bao’an, was charged with corruption and removed from office. The new director, Ning Jizhe, just happened to be the person in charge of setting China’s economic targets in the first place. The PMI immediately shot back up and China’s wobbly GDP statistics leveled off.
But falsifying statistics does not shift stock or sell cars. China’s smartphone sales were down 15.5 percent in 2018, according to official data from the China Academy of Information and Communications Technology. Sales of passenger vehicles were down 4.1 percent, according to the China Association of Automobile Manufacturers. China’s trade surplus fell by 16.8 percent. Bad loans are mounting, housing units are sitting empty, the university graduate job market is sluggish and Western entrepreneurs—professionals and charlatans alike—are leaving China in droves. None of this sounds like an economy growing at more than twice the rate of the United States.
In a desperate attempt to keep the economy growing, China is rapidly inflating the mother of all credit bubbles while hoping for a miracle to deliver it from the inevitable reckoning. China’s leaders refuse to face reality and accept that, after forty years of seemingly effortless economic growth, the party has finally come to an end. The CCP seems deathly afraid of facing up to even a mild recession. But why? It’s not like the end of the economic party means the end of the Communist Party.
The strange thing is that many people within China, and even within the CCP, believe that it just might. Hampered by ideological blinders and haunted by their own family histories, CCP leaders have bought into the mythology of their extraordinary skill as economic managers. They have relied on economic growth to justify Communist Party dictatorship for so long that they don’t think they can stay in power without it. They have enthusiastically embraced the doctrine of “performance legitimacy”: the idea that economic success legitimizes one-party rule in China, and that without it the country could break out in some kind of spontaneous combustion like the Cultural Revolution of Mao’s final years or the Tiananmen Square protests of 1976 and 1989. The performance legitimacy theory is accepted by figures as diverse as maverick Peking University law professor He Weifang, American China-hawk Gordon Chang, British China-booster Gideon Rachman and, according to China politics expert Bo Zhiyue, Chinese president Xi Jinping himself. But is it true?
PERFORMANCE LEGITIMACY is one of those ideas that finds its place in history and seizes it. No one in particular seems to have invented it or originally defined it, much less demonstrated that it really exists. It has always been used with the more or less common sense understanding that a government is legitimate if it delivers the goods. The term first began to bubble up in academic books and journals in the 1980s, but it really took off after Samuel Huntington made it a centerpiece of his 1991 book, The Third Wave: Democratization in the Late Twentieth Century. In a related article for the Journal of Democracy, Huntington applied the idea to the Asian Tiger economies and the often authoritarian parties that governed them:
Western democratic systems are less dependent on performance legitimacy than authoritarian systems because failure is blamed on the incumbents instead of the system, and the ouster and replacement of the incumbents help to renew the system. The East Asian societies ... had unequalled records of economic success from the 1960s to the 1980s. What happens, however, if and when their 8-percent growth rates plummet ... ? In a Western democracy the response would be to turn the incumbents out ... [but if] the structure of political competition does not allow that to happen, unhappiness with the government could well lead to demonstrations, protests, riots, and efforts to mobilize popular support to overthrow the government.
Though Huntington was writing about Singapore, South Korea and Taiwan, the implications for China were clear.
Huntington’s influence was at its greatest just as the first big wave of Chinese students swept into U.S. political science departments in the late 1990s and early 2000s. Those students would have read Huntington’s essays on democracy, as well as his 1996 book, The Clash of Civilizations, in which he explicitly linked the idea of performance legitimacy to post-Tiananmen China. Those very students are now the middle-aged academics, think tankers and Party strategists who form the intellectual vanguard of the Chinese regime. They have turned out dozens of academic papers, in English as well as Chinese, arguing that performance legitimacy is the glue that holds China together.
Huntington was a brilliant scholar, but not one well-known for his magnanimity in citing rivals. Like previous would-be discoverers of performance legitimacy in the 1980s, Huntington didn’t give any source for the idea. Nonetheless, every political science ph.d. student knows exactly where it came from: a classic 1959 article by Seymour Martin Lipset called “Some Social Requisites of Democracy.” In what has become the single most cited article ever published in the American Political Science Review, Lipset wrote, “Legitimacy involves the capacity of a political system to engender and maintain the belief that existing political institutions are the most appropriate or proper ones for the society.” He saw legitimacy as a substitute for effectiveness, since “the degree of legitimacy of a democratic system may affect its capacity to survive the crises of effectiveness, such as depressions or lost wars.”
In Lipset’s formulation, effectiveness didn’t confer legitimacy on a government. Effectiveness helped a government stay in power without it. The whole idea of “performance legitimacy” is nothing more than “effectiveness” with a little extra dignity. Writing in the shadow of the Holocaust, Lipset couldn’t very well have said that Nazi rule was legitimated by Germany’s strong economic performance in the 1930s—even if, for many admirers of Germany at the time, it was. But with the passage of time, legitimacy became a less loaded word. Cold Warriors thought Soviet rule illegitimate in occupied countries like Hungary and Czechoslovakia, but perhaps less so in Russia itself. In the era of decolonization, many developing countries established quite unsavory forms of government, but it may have seemed disrespectful (or even racist) to question their legitimacy. Performance legitimacy was a way to let non-Western dictatorships off the democratic hook, so long as they delivered the goods.
Reeling from the 1989 challenge in Tiananmen Square and desperate to restore its legitimacy in the eyes of the world, the CCP of the 1990s was ripe for the idea. It went after performance legitimacy with a vengeance. It even turned the idea on its own people. By the early 2000s, it was becoming increasingly difficult to inspire patriotism by trotting out ninety-year-old veterans of the Long March, and appeals to Marxism-Leninism were clearly farcical. The CCP needed something new, and it found it in the 2008 Beijing Olympics, the 2010 Shanghai Expo and endless economic growth. Perhaps egged on by Nobel Prize-winning economist Robert Fogel’s 2007 prediction that, by 2040, China would reach a GDP per capita of $85,000—and that was $85,000 in year 2000 dollars, equivalent to $127,000 today—China’s leader Hu Jintao wrote the goal of “building a moderately prosperous society” right into the CCP constitution. It remains there to this day.
to finish building a moderately prosperous society in all respects by the time the Party marks its centenary and to build China into a great modern socialist country in every dimension by the time the People’s Republic celebrates its centenary.
For the uninitiated, those are the two centenaries: 2021 to celebrate one hundred years of the CCP and 2049 for one hundred years of the People’s Republic. Xi may not be around for the second centenary, but he sure plans to be there for the first. It would be a grave embarrassment for Xi if China’s growth spurt were to end just as he holds a huge event to mark the Party’s success in making China prosperous. The loss of face would be unbearable. And so the order has gone out to every Chinese state organ at every level: keep the economy growing for at least another three years. Unfortunately for Xi, it seems unlikely that the Party will be able to keep up appearances for anything like that long.
THE NOBEL Prize comes with a diploma, a medal and some money, but no crystal ball. The Nobel Prize in economics doesn’t even come with a spoonful of common sense. The economist Paul Samuelson was notorious for predicting in 1960 that the Soviet economy would overtake the American one at some point between 1984 and 1997. Twenty years and one Nobel Prize later, he was still predicting a Soviet economic victory, though he had pushed back the date to the early 2000s. Maybe if the Soviet system had survived its economic and political meltdown, it would have proved Samuelson right. You never know.
Fogel’s China prediction seems likely to go the same way as Samuelson’s Soviet one. But China’s leadership is determined to make sure that China doesn’t go the same way as the Soviet Union. For Xi and his colleagues, the 2021 centenary of the CCP is important, but entirely symbolic. As it becomes increasingly obvious that China is no longer growing at 6 percent plus, the Party will likely get by on a combination of inflated statistics and reduced expectations. China is rich enough that the CCP can simply declare victory by claiming it has already finished building a moderately prosperous society and no longer needs to worry about it. In 2021, the Party constitution, which reads like a Western party platform, will be rewritten anyway. The embarrassing bit about prosperity can just be dropped.
Chinese leaders hate to lose face, but if the country’s economy stagnates in the 2020s, who will they lose face with? No one except themselves. Most Chinese people don’t have political science degrees from American universities, haven’t read Samuel Huntington and have never heard of performance legitimacy.
The myth of performance legitimacy rests on the incredible proposition that ordinary people will risk life and limb by pouring into the streets to protest nothing more than sluggish growth. That’s not what happened in Eastern Europe in the 1980s, Tiananmen Square in 1989, the color revolutions of the early 2000s and the Arab Spring in 2011. The Russian-American sociologist Pitirim Sorokin, who was jailed by both the Tsar’s government and the Bolsheviks for speaking truth to power, argued from personal experience that economics drive people to face down armed repression only when they don’t have enough to eat. Otherwise, a determined regime can always use military force to quash protests, as Bashar al-Assad has demonstrated in Syria.
Revolutions are poorly understood, and there are many reasons why a regime might fall. Were China’s economy to fail catastrophically, maybe that would lead to a revolution. But although China’s period of rapid growth is over, there seems little reason to believe that China’s economy will disintegrate overnight. Quite the contrary: China has all the levers it needs to ensure basic macroeconomic stability indefinitely. To begin with, the Chinese government borrows in its own currency and all of China’s banks are state-owned. Yes, there is a massive credit bubble, but deflating it need only lead to bankruptcies where the government considers these to be politically expedient. Instead of going through traumatic bankruptcies, moribund state-owned firms will simply be kept on financial life support, adding to the thousands of “zombie companies” that already litter China’s corporate landscape.
For a picture of what that could look like, just look at the steel industry, where zombie companies have been consuming policy brains for more than a decade. They continue to churn out oceans of unwanted steel despite repeated government pledges to address overproduction. For example, last January, China’s Ministry of Industry and Information Technology vowed to “unswervingly” cut steel capacity. This was reinforced in February, when Premier Li Keqiang said that capacity would be cut by thirty million tonnes in 2018. In fact, China’s steel production hit an all-time high of 923 million tonnes in 2018, up ninety-one million from the previous year. That compares with actual domestic steel consumption of 820 million tonnes in a world awash in steel. And the 2018 story is not a one-off: a 2010 report by the U.S. Congressional Research Service found that the overproduction of steel in China first “became acute in 2006.” China itself has been producing reports on overcapacity in the steel sector since at least 2009. 
To put things in perspective, China’s 2018 steel surplus of 103 million tonnes was exactly equal to the total steel consumption of the United States. No wonder the Trump administration accuses China of dumping steel on the American market: it’s dumping steel anywhere it can. China has built a twenty-thousand-mile nationwide high-speed rail network in just ten years. It has built a national expressway system the scale of America’s Interstate highways, thirty metropolitan subway systems and dozens of commercial airports. Don’t even ask about skyscrapers. Unable to find enough domestic outlets for its steel, China is now using it to subsidize infrastructure construction throughout Afro-Eurasia as part of its Belt and Road Initiative. The one thing China won’t do is cut 103 million tonnes of steel production, even though that steel is literally sitting in heaps, rusting. The reason? In a word, stability.
Steel is not the only zombie industry in China. Most of the heavy industrial sector has long been plagued by overcapacity. The light industrial sector is now facing the same problems. One reason why China is heavily subsidizing rail links to Europe is to boost exports of light industrial goods like toasters, toys and Christmas tree ornaments. Of course, the government can’t keep the economy growing by subsidizing everything, but it can certainly stave off a collapse. Instead of a big shakeout that drives inefficient producers out of the market, dislocating supply chains and causing mass unemployment, China has opted for the old Latin American model of keeping inefficient businesses on perpetual life support. Lest anyone think that China is light years ahead of Latin America, it is worth remembering that China’s GDP per capita of around $9,800 puts it in the same league as Argentina ($11,700), Brazil ($8,900) and Mexico ($9,700). 
Revolutions are driven by politics, not economics, and China doesn’t allow much in the way of politics. When Huntington transformed “effectiveness” into “performance legitimacy,” some of Lipset’s original nuance was lost. Lipset thought that the Weimar Republic fell under the double blow of hyperinflation and the Great Depression because it lacked legitimacy in the minds of Germany’s military, civil service and aristocratic elites. The American and British governments, by comparison, had enough legitimacy to make it through a temporary (though severe) failure of effectiveness in the 1930s. None of this was intended to apply to Communist Party dictatorships like those of China and the Soviet Union, even if they were illegitimate. In fact, what Lipset actually said was that “Ineffective and illegitimate regimes ... must, of course, by definition be unstable and break down, unless they are dictatorships maintaining themselves by force.” And as the CCP proved in 1989, it is absolutely prepared to maintain itself by force.
THE 2021 centenary of the CCP is all about celebrating the success of the Party in transforming China from a semi-feudal country dominated by foreign powers into a twenty-first-century superpower with a space program, two or three aircraft carriers, and some of the world’s most advanced infrastructure. The Party has made a lot of mistakes along the way, but it conveniently blames them on Mao, or better yet (as with the Tiananmen Square massacre) pretends they never happened. The CCP faces no immediate threats to its rule that could conceivably cause a “Chinese Spring” before the centenary on July 1, 2021. Much more important than saving face by avoiding a recession in 2021 is making sure that the CCP is still in charge when the centenary of the People’s Republic rolls around on October 1, 2049.
It is unlikely but possible that Xi might still be in charge. If he is still alive, he will be ninety-six years old—not much older than Zimbabwe’s Robert Mugabe was when he was forced out of office in 2017 at the age of ninety-three. Malaysia’s Mahathir Mohamad returned to politics last year at the age of ninety-two, and, of course, health and medical care are only improving with time. Xi might very well die before 2049, but will he retire? For decades, China experts insisted that China was different from other one-party dictatorships because China had institutionalized the practice of collective leadership and rotation in office. All that went out the window when the CCP changed its constitution in 2018 to remove presidential term limits.
A limit of two five-year terms for the president and vice president had been written into China’s constitution by Deng Xiaoping in 1982. The two-term limit was meant to establish a routine reshuffling at the top of China’s political hierarchy, though all the while Deng remained the unofficial power behind the scenes. China’s presidency under the 1982 constitution was at first a largely ceremonial post. The first two presidents, Li Xiannian (1983–1988) and Yang Shangkun (1988–1993), served one term each before being forced to retire by Deng. The next two presidents, Jiang Zemin (1993–2003) and Hu Jintao (2003–2013), each served two terms. After Deng died in 1997, Jiang started the practice of aligning the office of president with that of general secretary of the CCP, handing over both posts to his successor at the end of his presidential term. Hu went one better at his retirement, handing over the third key role of chairman of the Central Military Commission and commander-in-chief of the People’s Liberation Army (PLA). Thus when Xi took over in 2013, he wore all three hats right from the start: president of the prc, chairman of the CCP and head of the PLA. So much for collective leadership.
What really puzzled China experts in 2018 was why Xi was willing to waste political capital on removing presidential term limits when there are no term limits on the positions that really matter: chairman of the CCP and head of the PLA. Trapped in an outdated understanding of China that placed all power in the Party and the army, Western China experts have missed out on one of the biggest China stories of the twenty-first century: the growth of the state. The Party is still important, especially at the highest levels, but the days when Party commissars made day-to-day decisions in all realms of society are long since gone. Today, state bureaucracies and state-owned enterprises (SOEs) have become power bases of their own, as amply illustrated by China’s difficulty in shutting down steel production. The CEOs of big SOEs like Sinopec (oil), State Grid (electricity) and ICBC (banking) may report to Xi Jinping, but their junior vice presidents certainly don’t answer to their local Party branches. And what goes for SOEs applies even more to big private-sector companies like Huawei, Alibaba and Tencent.
Mao’s China may have once fit the political commissar model to a T, but the period of international opening and economic reform that Deng put in motion made that model obsolete. Interestingly, it was Xi Jinping’s father, Xi Zhongxun, who in 1979 as governor of Guangdong Province set up China’s first special economic zones (SEZs). Xi the son graduated from Tsinghua University that year, and one can only wonder what career advice his father may have offered at the dinner table. Xi junior would later serve as vice mayor of Xiamen (1985–1988), which, although in Fujian Province, was one of four initial SEZs that his father had been instrumental in setting up. During the Cultural Revolution of Xi’s early years, when he and his father were both sent for “reeducation” in the countryside, the Party was clearly in charge. But in 2018, at a time when government expenditures exceeded $3 trillion and China’s SOEs turned a collective profit of $180 billion on revenues of $4.3 trillion, the state is king.
THE HEADLINE news from China’s 2018 constitutional reforms was the removal of term limits and the associated implication that Xi might rule as president for life. Less noted were several other constitutional and administrative changes that help explain that move. The constitution was amended to create a new anti-corruption agency, the State Supervision Commission (SSC). The SSC will absorb the former anti-corruption agency, the Central Commission for Discipline Inspection, which is an organ of the Party, not the state. Like every other element of the Chinese government, the SSC is still ultimately beholden to CCP authority at the highest levels, but the 2018 reforms will reduce the ability of lower-level Party officials to settle scores by prosecuting rivals for corruption. The new structure of anti-corruption investigations is likely to reinforce the concentration of power at the top of the party-state hierarchy.
Administrative reforms undertaken at the same time will also increase Xi’s ability to govern from the top. China’s cabinet, the State Council, has been restructured and reduced from thirty-five members to a more manageable twenty-seven. The avowed aim of this reform is to increase “the capacity for governance of the State,” and there seems to be no reason to doubt this straightforward and forthright explanation. Taken together, the removal of presidential term limits, the centralization of anti-corruption prosecutions and the streamlining of reporting channels all point toward one conclusion: Xi intends to complete the historical transition from governing China through the CCP to governing China through the state.
This is not to say that the Party is going anywhere, anytime soon. The CCP remains firmly in charge. But the structure of its rule is changing. In the not-so-distant Maoist past, the CCP dominated society in every functional domain (farms, businesses, schools, social services, etc.) and at every level, from the village to the nation. In the rapidly-emerging Xi-ist future, the CCP will dominate the central government, which will dominate everything else. The power of the CCP will remain the same, perhaps even strengthen, but the power of petty local Party secretaries will decline. It already has. The route to the top in China no longer starts in some remote local Party branch—it starts at Harvard.
Viewed through this lens, one otherwise meaningless 2018 change to the prc constitution becomes strangely telling. A seemingly gratuitous statement was added to Article 1: “The defining feature of socialism with Chinese characteristics is the leadership of the Communist Party of China.” Taken at face value, this is utterly superfluous pap. But if so, why bother, and why now? One possible interpretation is that this statement was inserted to reassert the ultimate authority of the CCP in the face of the many other changes (constitutional, administrative and economic) that have reduced the importance of the Party at all levels of Chinese life except at the very top. The amendment is a concession to the wider Party membership to reassure them that they still matter.
It also comes at a time when the Party’s core mission, social control, is increasingly being taken over by the state. China’s latest tool for repression, the infamous social credit system, almost entirely bypasses the Party bureaucracy. The CCP just doesn’t have the expertise to run a sophisticated twenty-first-century technology operation. Although some ham-fisted attempts by local authorities to encourage neighbors to spy on each other have attracted a lot of international media attention, the real organizational muscle behind the social credit system comes from internet giants like Alibaba and Tencent. They have the big data analytics capacity to integrate myriad local systems and mine them to detect behavioral patterns. And they don’t report to local Party branches—they report to Beijing.
China’s new monitoring tools, which include social scoring, algorithmic profiling of people’s online behavior, automated facial recognition at potentially millions of invisible checkpoints, and even gait recognition for those who may cover their faces and ditch their phones, are giving the Chinese government unprecedented power to control its citizens. As China moves rapidly toward a cashless (though thoroughly monetized) economy, it will soon be possible for the government to control people’s every action simply by controlling their wallets. At the first sign of trouble, protesters could lose their ability to communicate, travel or even buy food. This new and strangely impersonal form of totalitarianism won’t rely on the Party’s human informants and thugs. Artificial intelligence will be more effective at keeping people in line than human muscle ever was.
China continues to use the heavy hand of military force in the restive Xinjiang region of western China, where a million or more Uyghur Muslims and other minorities have been interred in “re-education camps.” But Xinjiang is very remote from China’s power centers, and unrest there could never threaten the CCP’s rule over China as a whole. China’s leaders are much more concerned about the possibility of urban street protests of the kind that overthrew governments in Egypt (2011) and Ukraine (2014), and it is these that the social credit system and associated big data tools are designed to prevent.
AS THE CCP passes its own centenary and starts to look forward to the 2049 centenary of the People’s Republic, it will realize that the only meaningful threat to its continued rule comes from inside. The breakup of China is sheer fantasy, but the breakup of its ruling party is a real possibility. The rapid economic growth of the reform era may not have conferred legitimacy on the CCP, but it did give the Party leadership plenty of resources with which to buy off potential opponents. When the economy was growing at 8 percent per year, every project succeeded, and everyone got rich. Now that the economy is growing slowly (if at all), party discipline is becoming much more problematic. Facing much stricter fiscal constraints than his predecessors, Xi has shifted from placating internal rivals with corrupt payoffs to prosecuting them for corruption.
In the Deng era, that would have been dangerous. A disgruntled Party faction could form around a functional or regional nucleus in the army, the heavy industrial complex or certain large provinces. Since the CCP was organized as an alliance of many such local fiefdoms, the Deng model of collective leadership—sharing the newfound wealth of the reform era—was an ingenious solution. Most of the factional leaders of Deng’s China rose from relative poverty to become multimillionaires, if not billionaires. No wonder they acquiesced in Deng’s decentralizing reforms. Inheriting a rich but stagnant economy, with looming aging and pensions crises to boot, Xi has opted to recentralize power. That strategy is likely to work as long as Xi stays healthy and keeps two strong hands on the reins. But what happens when he doesn’t?

特朗普将如何输掉与中国的贸易战

 编者:本文是 保罗·克鲁格曼于2024年11月15日发表于《纽约时报》的一篇评论文章。特朗普的重新当选有全球化退潮的背景,也有美国民主党没能及时推出有力候选人的因素。相较于民主党的执政,特朗普更加具有个人化的特点,也给时局曾经了更多的不确定性。 好消息:我认为特朗普不会引发全球...