<Sacco And Vanzetti>《萨科与万泽蒂》
按照墨索里尼和莫斯科的方式，把政治对手作为政治对手处决，把土匪作为土匪处决，我们可以理解。但是，把杀人犯作为红军处决，或者把红军作为杀人犯处决，对于世界上最强大、最文明的联邦国家的法院来说，这是一条恐怖的新路线。
— — H·G·威尔斯
The guilt or innocence of these two Italians is not the issue that has excited the opinion of the world. Possibly they were actual murderers, and still more possibly they knew more than they would admit about the crime. … Europe is not “retrying” Sacco and Vanzetti or anything of the sort. It is saying what it thinks of Judge Thayer. Executing political opponents as political opponents after the fashion of Mussolini and Moscow we can understand, or bandits as bandits; but this business of trying and executing murderers as Reds, or Reds as murderers, seems to be a new and very frightening line for the courts of a State in the most powerful and civilized Union on earth to pursue.
——H·G·Wells
萨科与万泽蒂事件已经过去快100年了，西方民间和艺术界对此案的热度还是不减，作为一个中国人其实是有点难以理解的，但是翻开我们自己的史书就能明白，我们的人民很多时候比起自由更需要的是繁荣与安定，正如同八九年过后政府与人民达成的某种默契的共识一样：他们提供更好的生活，我们对政治领域不再过问。
扯远了。
从理性上来说，萨科与万泽蒂很难可以称得上是清白的，那么何故西方人对此二君如此追捧，甚至把他们视作了某种“死于政府暴行的无政府主义者圣徒”？往大里讲，大概又是很多中国人不喜欢听的民主传统吧。西方国家大多都经过了数十年甚至数百年的民主化斗争的进程，对“大政府”的防范之心已经深入了每个公民的内心。而此案恰巧是公权干涉司法的一个好例子。
众所周知，没有完美的法律，在哪里都会有冤案与错案的发生，我们能做的只有吸取教训尽可能地去完善法律，而不是幻想有什么有什么可以一劳永逸解决一切的法典的横空出世。与此案对立的OJ辛普森相信在大多数人包括我自己眼里已经定性成凶手，但是正因此案遵循了正确的司法流程，法官与检察官都竭尽全力不让外界力量干预陪审团的观点，再加上控方警官之前的种族主义行径，最终让辛普森本人得以合法的逍遥法外且不可再对其提出此案的诉讼。虽然对受害者很不公平，但是此案可以说是现代美国司法史上的一座奖杯，它充分地诠释了如果公权的使用者带有明显的恶意倾向去侵害个人时，法律是站在程序正义一方的。
最后，再说到我们自己身上。我们对“坏人得到制裁”的期望比起“是否以合法合理手段制裁坏人”的期望要大的多，究其原因，第一是历史上法律的地位始终是要低于行政力量的原因，这使得中国人普遍有清官情节，也造就了一批名垂青史的海瑞、包拯这样的青天大老爷，还历练出了更多我们叫的上名字叫不上名字贪赃枉法为了利益可以任意歪曲法律的贪官污吏。第二则是我们打内心相信，这辈子自己不会作奸犯科，权力的巨轮也碾不到自己的头上。
但愿吧。
It has been almost 100 years since the Sarko and Vanzetti Case, and the Western have not lost their interest in this case among the people and art circles. As a Chinese, it is actually a little difficult to comprehend, but we can understand it by opening our own history book：Our people often need prosperity and stability more than freedom, just like some kind of tacit agreement reached between the government and the people after 1989: they provide a better life standard, and we should no longer care about the political sphere.
Back to the topic.
From a rational point of view, it is difficult to say that Sacco and Vanzetti are innocent, so why are Westerners flatter those two people so much, even regarded them as some kind of “anarchist saint who died of government brutality”? It is probably the democratic tradition that many Chinese do not like to listen to. Most Western countries have gone through decades or even hundreds of years of democratization, and guard against the “big government” has penetrated into the hearts of every citizen. And this case happens to be a good example of public power interference in justice.
As we all know, there is no perfect laws on this planet.No matter where you are,there always some unjust cases happened. All we can do is to learn from the lessons and perfect the law as much as possible, it ’s totally waste of time to imagine a lawbook which can solve everything.OJ Simpson, who is been wildly dentified by most people, including myself. It is precisely because the case followed the correct judicial process, the judge and the prosecutor have tried their best to prevent outside forces from interfering with the jury ’s view. Coupled with the prosecutor ’s previous racist actions, Simpson himself was legally allowed to go unpunished and no further lawsuits could be brought against him. Although it is very unfair to the victim, this case still can be said to be a trophy in the history of modern American justice. It fully explains that if the user of public power has a clear malicious tendency to infringe on the individual, the law stands on procedural justice side.
At last, let’s talk about ourselves. Our expectation of “bad guys getting sanctioned” is much larger than the expectation of “whether to sanction criminal by legal and reasonable means”. The first reason is that the status of the law in history has always been lower than that of administrative power. It has made the Chinese people have very strong ‘Wise-King Complex’, and it has also created a group of famous honest officials such as Hai Rui and Bao Zheng. It also practiced more of the corrupted officials who we called the name or not,who can distort the law arbitrarily for the benefit.The second is that we believe in our hearts that we will not be a criminal in this life, and that the great wheel of power will not run over our heads,too.
I hope so.
