【新唐人2013年06月11日讯】轰动全中国的原铁道部部长刘志军受贿、滥用职权案,9号上午在北京开审,3个半小时就匆匆结束。评论人士指出,官方透露的信息,刘志军可能不会被判死刑。尽管按照中共的《刑法》规定,受贿十万元以上,最高刑期是死刑。
检方在起诉书中用了4个“特别”来形容刘志军案的性质:“非法收受他人财物,数额‘特别’巨大,情节‘特别’严重……致使公共财产、国家和人民利益遭受‘特别’重大损失,情节‘特别’严重。”
不过,如此“特别”重大的部长级官员受贿、滥用职权案,仅半天就审理完毕。而且,在法庭辩论阶段,检方竟然首先提出对刘志军“可以从轻判决”。刘志军本人也得到机会“声泪俱下”的念出写好的悔过书,言辞中紧跟潮流,提及了习近平的“中国梦”。
旅美中国社会问题研究人士张健:“中国的这几大部委,的确是‘牵一发动全身’的一个机构。那可能还是体制内,对刘志军有一个保护。对于刘志军来说,拿下他,打的是个大老虎,但是能给刘志军一个在庭上还念悔过书的机会,可能在下面也达成一些幕后的交易。”
检方指控,刘志军于1986年至2011年间,非法受贿6460万5千4百元,另外他在任职期间徇私舞弊,涉嫌滥用职权罪。而他涉嫌玩弄多名女性的问题,则没有提及。
很多网民质疑刘志军受贿金额的真实性。《法新社》也用嘲讽的口吻说,刘志军的贪腐罪行动辄上亿,他所掌管的有法庭、有警察的独立王国—-铁道部,一手遮天的状况下,贪腐只有区区几千万。
刘志军的辩护律师在庭上作了轻罪的辩护,同时检方在庭审时首先表示:刘志军“主动坦白”,“可以从轻判决”。对此,网民在微博上发出怒吼。
网友“拣尽寒枝不肯栖911”说:强盗逻辑!高铁是刘志军的产物?国家发展规划是刘一人所为吗?如没大贪,惨案抑或能免!功过能相抵吗?
而网友“莫之时代”说:这个主动坦白就不甚明了,是他在山东火车对撞事故中主动辞职?或者是在中纪委调查以前投案自首?
除了这次短暂庭审中透露出来的信息,也有一些国内媒体的报导,给刘志军包装上另外一种形象。例如,针对他玩弄多名女性的问题,《新京报》之前说,刘的妻子表示他每晚都回家吃饭。而针对这次庭审的报导,《新华社》,《央视》也花大笔墨形容他“声泪俱下”的反悔。
评论人士指出,官方暗示的这些信息,都显示出:可能不会判刘志军死刑。尽管按照中共刑法规定,受贿十万元以上,最高刑期是死刑。
张健:“按照现在情况来看的话,刘志军应该是不会被判处死刑。可能会判处有期,或者死缓的可能性比较大。中国的司法就是这样。我们认为,中国的司法它从来就不是公开的,也不是透明的,它更不是公正的。它只是在共产党手中操纵的一种工具。”
据了解,中国大陆在这几年的官员贪污案例中,受贿几百万、几千万,甚至过亿元的,也很少有被判死刑立即执行者,例如中石化原董事长陈同海,贪污受贿的款项超过人民币1亿9千万,也只是判了一个死缓。
刘志军在担任铁道部长期间,“大跃进”式的扩建中国铁路,建设高铁,造成铁路交通事故频发,铁道部债台高筑,公信力降到历史最低谷。 2008年“4.28”胶济铁路特别重大交通事故、2011年“7.23”甬温线特别重大交通事故,都发生在他任职期间。
采访/常春 编辑/尚燕 后制/李勇
Short Trial of Liu Zhijun Triggers Public Anger in China
China’s ex-railways minister Liu Zhijun
went on trial on June 9 in Beijing.
Liu was charged with bribery and abuse of power,
and sources said the trial only lasted three hours.
Commentators said that from official sources,
Liu is unlikely to receive the death penalty.
According to the Chinese Communist Party’s (CCP)
criminal law procedure, the heaviest sentence for
taking bribes over 100,000 yuan, is the death penalty.
The indictment said that the circumstances
surrounding Liu’s charges were “especially serious”.
They included illegally accepting a
large amount of other people’s property.
Liu’s malpractice led to a huge loss of public assets,
and damage to the interests of the state and people.”
However, the trial only took half a day to
finish, for such a serious ministerial-level
official involved in bribery and abuse of power.
In addition, during the court debate, the prosecution
unexpectedly proposed first to give Liu a lenient sentence.
Then Liu read out his confession with tears, also
mentioning Xi Jinping’s “China Dream in his statement.
Zhang Jian, US-based Chinese social affairs researcher:
“These major ministries like saying “one
part can affect the situation as a whole”.
Thus the outcome of Liu’s trial may be
a protection for him from internal means.
Regarding Liu Zhijun’s arrest,
the purpose was to catch “big tigers”.
However, Liu had a chance to read out confession in court,
and likely had negotiation and agreement behind the scenes.”
According to the indictment, Liu accepted 64.6 million
Yuan ($10.5 million) in bribes between 1986 and 2011.
Liu was accused with abuse of power
and corruption during his tenure.
Liu was also suspected of having improper relations
with several women, which wasn’t mentioned in court.
Many netizens questioned the true
amount of money that Liu has taken.
Agence France-Presse said that Liu easily
took bribes of several hundreds million yuan.
Under his management, the railway ministry
has an independent court and police system.
Would it be possible Liu only received
bribes of several tens of millions?
Liu’s lawyer debated in court for Liu to get a light sentence.
The prosecution said that Liu had “initiative to
confess” and requested to “give a lenient sentence.”
In this regard, there was fierce
outcry from netizens on microblogs.
One netizen posted that this was gangster logic!
Was the high-speed rail not a product of Liu?
Was the national development plan done by Liu himself?
If no one took huge bribes, the high-speed rail
tragedy could possibly have been avoided.
Can these achievements and mistakes be balanced off?
‘Netizen@mo’s era’ said that
Liu’s confession isn’t clear enough.
Did Liu resign after the accident
of the Shangdong trains collision?
Or did Liu use initiative to confess to the police before Central
Commission for Discipline Inspection began the investigation?
Despite some information from Liu’s quick
trial, some media in Mainland China reported
that Liu has been given a new image.
For example, regarding his improper relationship
with several women, Beijing News cited Liu’s
wife that Liu goes home for dinner every night.
Xinhua News Agency and China’s Central
TV emphasized in high-profile reports
about Liu’s tearful heartfelt confession.
Commentators said that this official information
hints that Liu is unlikely to be sentenced to death,
although he should be according to the CCP law.
Zhang Jian: “Under the current situation,
Liu Zhijun will not be sentenced to death.
He may be sentenced to imprisonment, or more likely a
suspended death penalty. China’s judicial is just like this.
I think China’s judicial system has never
been transparent or open, nor has justice.
It is only a tool which is manipulated by the CCP.”
Sources said that in many corruption cases
involving officials, it is rare to see them being
sentenced to death for immediate effect.
Even if they took bribes of several million
to well over hundreds of millions in cash.
For example, the former Chairman of Sinopec,
Chen Tonghai took bribes of 190 million Yuan.
Chen has only been sentenced with a suspended death penalty.
During Liu Zhijun’s tenure as railways minister,
he ordered the expansion of China’s railways.
He also ordered construction of the high-speed railway.
This resulted in frequent rail accidents, and
high debt within the ministry of railways.
Their public credibility has dropped
to the lowest level in the CCP’s history.
The train accidents in Shandong on April 28, 2008, and
in Wenzhou on July 23, 2011, happened during his term.