【新唐人2013年07月09日訊】原中共鐵道部部長劉志軍因受賄和濫用職權，經北京法院一審判處死緩。法律界對這一結果多數表示「在意料之中」，但民眾卻感到憤慨和失望。九成網民認為，劉志軍被輕判；也有網民諷刺，劉志軍的死緩給千千萬萬的中共貪官吃了一個定心丸，從此可以放心大膽的貪。也有律師悲歎：劉志軍不死，法律死。
7月8號，北京市第二中級人民法院對原鐵道部部長劉志軍受賄、濫用職權案，作出一審宣判，判處劉志軍死刑，緩期二年執行，剝奪政治權利終身，沒收個人全部財產。
北京律師劉曉原：「我認為判他死緩是不出乎意料的，從他這個案件庭審來看，這麼多案件材料，只是佔個半小時，只開一次庭就了結了，過段時間就宣判，我感覺這是一個走過場的過程，那麼一個走過場的審判會判死刑嗎？」
對於這次劉志軍的審判結果，多數人表示，在意料之中。
中國反腐維權網創辦人葛樹村：「早就預料到了，很正常，中國有幾個部級以上的幹部判死刑的？肯定不會死刑，包括我和一些專家學者來探討，都是這個看法，因為省部級以上的幹部，應該是有個內部慣例，都是不判死刑的。」
廣東律師王全平：「這個死刑跟死緩在法律上來說，都是判死刑，但是執行起來，死緩就等於是不用死了，就是說在這兩年之內，如果他在監獄裡面沒有故意犯罪，死緩就會把他改判，改為無期徒刑，就是不會執行他的死刑，給了兩年的考驗期，這是一個法律規定。」
大陸民眾對劉志軍被判死緩，都經歷了一個由吃驚到失望，再到憤怒的過程。一時間，網上指責當局司法黑暗不公，同時呼籲判處劉志軍死刑的呼聲鋪天蓋地。
劉曉原：「我注意到網上的輿論，大家對於他判處死緩有很多人感到特別驚訝，很多人也在預料之中，但是對這個結果還是感到很失望。我在新浪微博發起一個調查，對他判死緩有甚麼看法，發出來沒有多長時間，很多人參與調查，馬上又被關閉了，在控制輿論不能談論這個案件。關閉之前，認為判太輕了，（認為）應該判處死刑的比例很高。」
有網民「預測」，劉志軍一定會從死緩變成無期，再到有期，最後變成保外就醫。也有網民諷刺的說，以後中共貪官可以高枕無憂了。
王全平：「因為它是目前中國查處最大的腐敗案，這個被告都不死刑，那後面貪官不會有死刑的了，如果這樣子，那麼這個執政黨可以說是群魔亂舞了，放心去腐敗吧﹗就造成這個執政黨內部會更加腐壞、腐敗。」
面對外界強烈的譴責，中共喉舌辯解說，審判劉志軍表明當局「蒼蠅」、「老虎」一起打的態度，又因為劉志軍坦白交代犯罪事實，加上贓款和損失已經追回，因此可以從輕處罰等。這番言論更是招致網民一片唾駡。
王全平：「說他認錯態度好，說他贓款都基本追繳完了，這個都不是理由，他沒有法定的從輕、減輕的情節，這個很重要。」
劉曉原：「劉志軍這樣的貪官肯定屬於老虎級別的，那麼打老虎力度是要大的，你不能使用打蒼蠅的力度，那肯定不夠的。在《刑法》還有死刑的情況下，我們執法就要公正，不能選擇性執法。」
劉曉原律師舉例說，之前因受賄罪被判處死刑的有，2000年，全國人大常委會原副委員長成克傑，還有，原來的國家食品兼藥品監督管理總局局長杜曉雲，以及更早的一些貪官。
律師們也指出，劉志軍的審判，讓大陸更多的民眾看清了中共統治下司法的脆弱。律師認為，法律並非不公，而是早已名存實亡。
採訪/林莉 編輯/張天宇 後製/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.
