【新唐人2013年07月09日讯】原中共铁道部部长刘志军因受贿和滥用职权，经北京法院一审判处死缓。法律界对这一结果多数表示“在意料之中”，但民众却感到愤慨和失望。九成网民认为，刘志军被轻判；也有网民讽刺，刘志军的死缓给千千万万的中共贪官吃了一个定心丸，从此可以放心大胆的贪。也有律师悲叹：刘志军不死，法律死。
7月8号，北京市第二中级人民法院对原铁道部部长刘志军受贿、滥用职权案，作出一审宣判，判处刘志军死刑，缓期二年执行，剥夺政治权利终身，没收个人全部财产。
北京律师刘晓原：“我认为判他死缓是不出乎意料的，从他这个案件庭审来看，这么多案件材料，只是占个半小时，只开一次庭就了结了，过段时间就宣判，我感觉这是一个走过场的过程，那么一个走过场的审判会判死刑吗？”
对于这次刘志军的审判结果，多数人表示，在意料之中。
中国反腐维权网创办人葛树村：“早就预料到了，很正常，中国有几个部级以上的干部判死刑的？肯定不会死刑，包括我和一些专家学者来探讨，都是这个看法，因为省部级以上的干部，应该是有个内部惯例，都是不判死刑的。”
广东律师王全平：“这个死刑跟死缓在法律上来说，都是判死刑，但是执行起来，死缓就等于是不用死了，就是说在这两年之内，如果他在监狱里面没有故意犯罪，死缓就会把他改判，改为无期徒刑，就是不会执行他的死刑，给了两年的考验期，这是一个法律规定。”
大陆民众对刘志军被判死缓，都经历了一个由吃惊到失望，再到愤怒的过程。一时间，网上指责当局司法黑暗不公，同时呼吁判处刘志军死刑的呼声铺天盖地。
刘晓原：“我注意到网上的舆论，大家对于他判处死缓有很多人感到特别惊讶，很多人也在预料之中，但是对这个结果还是感到很失望。我在新浪微博发起一个调查，对他判死缓有什么看法，发出来没有多长时间，很多人参与调查，马上又被关闭了，在控制舆论不能谈论这个案件。关闭之前，认为判太轻了，（认为）应该判处死刑的比例很高。”
有网民“预测”，刘志军一定会从死缓变成无期，再到有期，最后变成保外就医。也有网民讽刺的说，以后中共贪官可以高枕无忧了。
王全平：“因为它是目前中国查处最大的腐败案，这个被告都不死刑，那后面贪官不会有死刑的了，如果这样子，那么这个执政党可以说是群魔乱舞了，放心去腐败吧﹗就造成这个执政党内部会更加腐坏、腐败。”
面对外界强烈的谴责，中共喉舌辩解说，审判刘志军表明当局“苍蝇”、“老虎”一起打的态度，又因为刘志军坦白交代犯罪事实，加上赃款和损失已经追回，因此可以从轻处罚等。这番言论更是招致网民一片唾骂。
王全平：“说他认错态度好，说他赃款都基本追缴完了，这个都不是理由，他没有法定的从轻、减轻的情节，这个很重要。”
刘晓原：“刘志军这样的贪官肯定属于老虎级别的，那么打老虎力度是要大的，你不能使用打苍蝇的力度，那肯定不够的。在《刑法》还有死刑的情况下，我们执法就要公正，不能选择性执法。”
刘晓原律师举例说，之前因受贿罪被判处死刑的有，2000年，全国人大常委会原副委员长成克杰，还有，原来的国家食品兼药品监督管理总局局长杜晓云，以及更早的一些贪官。
律师们也指出，刘志军的审判，让大陆更多的民众看清了中共统治下司法的脆弱。律师认为，法律并非不公，而是早已名存实亡。
采访/林莉 编辑/张天宇 后制/周天
Law System Fails in China
Liu Zhijun, the CCP’s former director of Minister of Railways,
was accused of taking bribes and abuse of power,
he was sentenced to death by a Beijing Court
in the first instance.
Most of the legal professionals regard
this result as expected,
but the public was outraged and even disappointed.
Most netizens believe that Liu Zhijun’s
sentence was lenient;
but there was also satire from netizens,
Liu Zhijun’s reprieve gave reassurance to millions of
corrupt CCP officials who regularly and blatantly take bribes.
Some lawyers also lament that
Liu Zhijun did not die, although the law has died.
On July 8, the Beijing Second Intermediate
People’s Court made a first instance on the bribery and
abuse of power case of Liu Zhijun,
the former director of the Ministry of Railways,
Liu was sentenced to death, suspended for two years,
and deprived of political rights for life,
all of his personal property has been confiscated
as part of his sentence.
Beijing lawyer Liu Xiaoyuan: “I think that sentencing
him to death with reprieve is not surprising.
From the point of view of the trial,
it only took half an hour with so many materials,
The trial was concluded with only one hearing,
and it announced the results quickly
I feel this is a process of going through the motions,
would a perfunctory trial sentence him to death?"
For the outcome of the trial of Liu Zhijun,
the majority said it had been expected.
Ge Shucun, Chinese anti-corruption network founder:
“It has been expected for a long time, it’s normal
How many officials above ministerial level
have ever been sentenced to death?
The death penalty was certainly not expected. I discussed
this with experts and scholars, and we share this view.
Officials above provincial and ministerial level will not
be sentenced to death for internal malpractice."
Liu Xiaoyuan: “A death sentence with reprieve is also
a death sentence, but without implementation.
with two years in prison, if he does not re-offend,
death with reprieve will be changed to life imprisonment,
he will then not be executed. This will give him a
two-year test period, which is a legal requirement.”
However, people in China were surprised,
disappointed and outraged over Liu Zhijun’s sentence.
Netizens have been accusing of dirty dealing
and injustice by the authorities,
voices calling for Liu Zhijun’s death are overwhelming.
Liu Xiaoyuan: “I noticed that in online public opinion,
many were surprised by his sentence of death with reprieve,
some had expected it, but the result was very disappointing.
I launched an investigation on Sina microblog
for views on his sentence.
Many had taken the survey, but it was closed
soon after the start.
It was not allowed to be talked about publicly or openly.
Before the blog closed, it was widely felt that
Liu was sentenced too lightly,
with most netizens feeling that he
really should have been executed.”
Some netizens predicted, Liu Zhijun will
become a lifer, from death with reprieve,
and then after a while will get a certain term,
eventually being released on medical parole.
Some netizens also said ironically that corrupt officials
will now be able to sit back and relax hereafter.
Liu Xiaoyuan: “It is currently China’s largest corruption
case. If the defendant is not sentenced to death,
there will not be any corrupt officials sentenced
to death in the future.
If this is so, the ruling party can be said to be full of evil,
and be assured to corrupt! It will be more rotten, corrupt."
Facing strong condemnation of the outside world,
the CCP’s mouthpiece argued that
the trial of Liu Zhijun showed the hand of
authorities “fighting flies and tigers.”
Because Liu Zhijun confessed to his criminal acts,
coupled with stolen money and losses being recovered,
he can reasonably be given a lighter punishment.
These remarks angered netizens even more.
Liu Xiaoyuan: “It is said his attitude was good,
and that he had helped recover stolen money,
but this is not a valid reason for the leniency of his sentence.
He did not have statutory mitigating circumstances,
these are very important.
Liu Zhijun surely belongs to Tiger level, then to fight
tigers, the strength used should be much more,
you can not use the strength of fighting with flies,
it is certainly not enough with which to fight tigers.
When there is a death penalty in criminal law,
there should be justice, and not selective enforcement."
Liu Xiaoyuan gave out examples of officials sentenced
to death for accepting bribes before.
In 2000, Cheng Kejie, former vice chairman of the
NPC Standing Committee, as well as Du Xiaoyun,
of the former State Food and Drug Supervision and
Administration Bureau, got death sentences,
also included in examples given were a number of
corrupt officials who had earlier been executed.
Lawyers also pointed out that the trial of Liu Zhijun,
made more people see the fragility of the rule of the CCP.
Lawyers believe that it is not the law that is unfair,
but that it exists in name only and not adhered to justly.
