英国卫报5月16日文章(zt)

Mao casts long shadow over China
毛投下的阴影长期笼罩中国

40 years after start of 'years of chaos', China's top lawyer says lessons must be learned
40年前的今天，开始了长达数年的混乱。中国最优秀的律师们说必须要吸取经验和教训。
Jonathan Watts in Beijing 北洼编译Tuesday May 16, 2006The Guardian

It is an anniversary that China wants to forget. Today marks 40 years since the start of the cultural revolution, one of the most insane episodes of the 20th century when children turned on parents, pupils tyrannised teachers and hundreds of thousands died in the name of class war.
这是一个中国人想要忘记的周年纪念。从文化大革命开始到今天（2006年5月16日），已经整整过去了40年，文革是20世纪最癫狂的事件之一，父子反目，学生批斗老师，几十万人死于阶级斗争。
The government will hold no commemoration. But for one survivor, at least, the lessons of those "10 years of chaos" must be heeded if China is to develop a modern law-governed society to match its economic progress.
政府不举行任何纪念活动。但是至少有一个幸存者提到，如果中国要发展成为一个与之经济成就相适应的现代法制社会，就必须要吸取10年浩劫的经验教训。
Zhang Sizhi - the country's most eminent lawyer - knows the horrors of that period. When the cultural revolution was launched on May 16 1966, he was already interned as a condemned "rightist" in a reform-through-labour camp. And after it ended with Mao Zedong's death in 1976 he was chosen to defend the chief scapegoats - the "Gang of Four" - in China's trial of the century.
张思之－中国最显赫的律师－知道那个时代的恐怖。1966年5月16日文化大革命刚刚开始的时候，他已经就被打成右派接受劳动干校的改造。而1976年毛泽东逝世后，在中国世纪大审判中，他被指派为替“四人帮”辩护的律师。
In only his second interview in the three decades since, Zhang told the Guardian that these experiences convinced him of the need for an independent legal system. Although President Hu Jintao says that China is moving towards rule by law, political interference in judicial decision-making is the norm at all levels. "It is ridiculous that party cadres who have no legal qualification are taking the place of the courts in administering justice," said Zhang. "But in the current environment, it has become almost a rule of the game."
在过去的三十年内，张思之在第二次接受采访时，告诉英国卫报，这些经历使他认识到建立独立司法系统的重要性。虽然胡锦涛主席说中国正在向法治社会转化，但是司法判决仍经常受到政治因素的干扰。“可笑的是，一些没有法律证书的干部却在法庭担任法官。”
The official history of that period records the May 16 circular in which Mao called for a life-or-death struggle against bourgeois ideology, saying: "All erroneous ideas, all poisonous weeds, all ghosts and monsters, must be subjected to criticism." Textbooks recognise this was a mistake that led to political chaos, economic instability and social unrest as Red Guards publicly humiliated, and sometimes killed, professors, doctors and other "counter-revolutionaries".
1966年5月16日，毛主席号召同资产阶级意识形态进行“你死我活”的斗争。他说：“所有错误思想，所有毒草，所有鬼怪和恶魔，都将受到批判。”现在的教科书承认这是错误的，导致了政治、经济和社会紊乱，一些人被杀害，教授，医生被打成反革命。
But questions about responsibility and compensation remain largely unanswered. Although Mao drafted the circular, most of the blame for what followed is usually heaped upon the "Gang of Four" led by Mao's wife, Jiang Qing.
但是关于责任和赔偿的问题在很大程度上仍没有给出答案。虽然毛主席起草了通知，但绝大部分罪责都被算到了由毛夫人领衔的“四人帮”头上。
At their televised trial, the Gang of Four were accused of persecuting 700,000 people and held directly responsible for 35,000 deaths. Most foreign scholarship puts the killings at between 300,000 and 800,000. In their biography of Mao, Jung Chang and Jon Halliday estimate the toll at 3 million.
在电视转播的审判汇总，四人帮被指控迫害70万人，并对3万5千人的死亡负直接责任。大部分国外学者认为被杀害的人应该在30万到80万之间。在Jung Chang和Jon Halliday撰写的毛主席传记中，数字高达300万。
The trial was billed as a resurrection of the rule of law, but it was anything but fair. Like the judge, Zhang was under orders about how to handle the case.
那场审判被认为是法律的重生，审判是公平的。张思之律师奉命开始学习如何处理诉讼案件。
"The key point was not to mention Mao in the courtroom," he recalled. "It is still very sensitive to talk about Mao's mistakes." His client had no such qualms. Jiang testified that she was "Mao's dog" who only bit on his orders. Such comments were censored from the televised highlights. The judge acknowledged Mao was partially responsible, but his comments were removed from the trial summary in the Chinese media. The four were convicted. Jiang killed herself in jail in 1991.
他回忆说：“当时在法庭上，最关键的一点是不要提到毛主席。讨论毛的错误是很敏感的话题。”他的法律委托人江青没有任何顾虑，作证说她是“毛的狗”，只是按照毛的指示去咬人。这些字眼被电视过滤掉了。法官认为毛因为文革负部分责任，但是在中国媒体中，法官的评论也同样被过滤掉了。四人帮都被判刑，1991年江青在狱中自杀。
Zhang says political interference is still the legal system's biggest problem. In Beijing the mayor or the secretary general of the Communist party often give detailed orders to judges. In big trials it comes in the form of written guidance. But instructions are also made by phone or face-to-face, which means no one can be held accountable.
张思之说政治干扰仍是司法系统最主要的问题。（上述略，看以上英文原文吧）
International human rights groups say China executes 4,000 to 10,000 people every year. "Sometimes people are given the death penalty without serious consideration of their crimes," says Zhang, who favours reducing the number of crimes punishable by death.
（对不起，还是要略掉，看以上原文。）
Asked whether he had ever won a politically sensitive case in his 50 years as a defence lawyer, Zhang paused, then replied. "No, not one." But he had not given up. "The court's verdict is not the final result. History will be the judge."
当被问到在他五十年来的辩护律师生涯中是否赢得过政治上比较敏感的案件时，张思之停顿了一下，然后说。“没有，一次也没有。”但是他从未放弃。“法庭做出的不是终审，历史会给出判决。”
Zhang keeps pushing for legal reform. "Lawyers should be practical as well as idealistic, but everyone should do their best to increase the independence of the legal system. No one can stop the big international trend and that trend is democracy."
张思之一直在推动司法改革。“律师们要讲究实际和理想主义，但是每个人应该尽量推进司法独立。没有人能挡住国际大趋势，那个趋势就是民主。”
This year he was among a group of retired senior cadres who wrote an open letter attacking the propaganda department and calling for an end to censorship. Part of their motivation is to avoid a repeat of the past.
今年一群退休高级干部给中宣部写了一封公开信，呼吁停止审查。他也是写这封公开信的一员。这封信的目的之一就是防止重复过去。
"Relationships changed as a result of the cultural revolution. The morality level of our country declined. If you want to talk about mistakes made by Mao, this was one of them," said Zhang, before pausing again. "I am too frank. that is why I usually deny interviews."
“文革后，我们国家的道德水准下滑，如果你要讨论毛的错误，就是其中之一。”停顿了一会，张思之说：“我太坦率了，这就是我不愿接受采访的原因。”
Is it not better that such things are in the open? "Yes, this should be talked about. But nowadays, it is not easy to tell the truth."
难道公开这些事情不是更好吗？“是的，应该讨论这些问题，但是现在，实事求是（告诉真相）并不是很容易就能做到的。”
That is not the only reason why he thinks there is never likely to be justice for victims of the cultural revolution. "There are so many perpetrators it will never be possible to track them down. How can compensation be paid? So many bad things happened."
这并不是他认为那些文革的牺牲者永远可能得不到正义的唯一原因。“连很多作恶者都永远不可能被接受审判，那些受害者如何能得到赔偿？那么多的坏事都发生了。”
Turbulent decade
狂乱的十年
· Mao Zedong launched the cultural revolution in 1966 by calling for a life-or-death struggle against bourgeois ideology. It allowed him to reassert authority over rivals who criticised his handling of the economy
1966年毛泽东发动了文化大革命，号召同资产阶级意识形态进行你死我活的斗争。打压批评其经济政策的敌人。
· Student Red Guards, who worshipped Mao, led the persecution of "class enemies". They were urged on by the ultra-leftist "Gang of Four"
崇拜毛主席的学生红卫兵发起了对阶级敌人的迫害。极左的四人帮集团鼓动他们进行迫害活动。
· Thousands died in battles between political factions or killed themselves after public humiliations. The best known victim was Lin Biao, the head of the army, who died in a plane crash after an attempted coup in 1971
成千上万的人死于政治斗争，或者遭受公开批斗和羞辱后自杀。1971年，妄图发动政变的军队领导人林彪死于坠机。
· Ancient treasures and temples were destroyed after Mao called for the eradication of feudal values. The turmoil ended with his death in 1976
毛主席号召铲除封建“余毒”（价值观）的影响，古代遗产和寺庙几尽全部摧毁。随着毛在1976年去世，骚乱结束。
－完－