【新唐人2013年08月27日訊】中共前重慶市委書記薄熙來的庭審，週一進行了法庭答辯。公訴人指稱，被告拒不認罪，不具有法定從輕處罰情節。薄熙來在五天的庭審當中全盤否認指控，令以為庭審只是走過場的國內外觀眾大感意外。觀察家指出，薄熙來抓住當局不敢治他重罪，只敢提輕罪的軟肋進行反擊，令中共面臨難題。分析認為，當局要麼輕罪重判，要麼拋出重罪制服薄熙來。

在週一剛剛發佈的薄熙來庭審辯論的現場實錄中，公訴人的辯論意見宣稱，薄熙來的犯罪事實是客觀的，認定犯罪事實是以全案證據為依據，而不是以薄熙來的口供為依據。此外，公訴人還提請法庭注意：「被告人罪行極其嚴重，又拒不認罪，不具有法定從輕處罰情節，必須依法從嚴懲處。」

一直關注薄熙來案的前國務院秘書俞梅蓀觀察指出，在法庭上的抗辯當中，牽扯出的一些嚴重罪行，法官予以忽略了。比如，辯護人提到海伍德索要1400萬中介費，按照行規，這個項目本身的盈利就是多少個億了。

俞梅蓀認為，現在法庭糾纏的只是區區兩千萬的受賄和五百萬的貪污，更沒有去觸及活體摘取器官，以及薄熙來跟周永康合謀政變的罪行。

前國務院秘書俞梅蓀：「他的重罪本身是六宗罪，包括政變罪，包括活摘器官買賣罪，那都是大罪。大罪涉及到中共本身的合法性。那麼為了擺脫對中共本身合法性造成的威脅，那麼大事化小。簡單的起訴一些無關緊要的很輕的經濟犯罪。本身是一個交易。」

俞梅蓀分析說，薄熙來抓住當局不敢觸及重罪的軟肋，因此在法庭上來了個全面翻供。前國務院農村發展研究中心研究員姚監復則認為，薄熙來無論如何翻供都翻不了案。

前國務院農村發展研究中心研究員姚監復：「絕對不會，早都下了結論了。沒開庭的時候共產黨宣判書都通過了。這個都是演戲。按既定的劇本演這麼一場戲而已，給老百姓看看，給外國人看看，給你們這些記者看看。」

姚監復也表示，雖然薄熙來翻供，但是中共跟他之間還是有協議的，那就是不去觸及真正的大罪，而只限於貪污受賄的小罪。整個薄熙來的大案僅僅處理了九牛一毛而已。

姚監復：「他要是抓人、要是奪權、要是搞文革路線，那比這個貪污受賄罪名要重得多。所以現在對他整個犯的罪裡面，取了個最輕的罪名。這無所謂，再重也是輕罪。因為沒有從政治上批他。溫家寶說的文革路線沒有動，他要搞權力鬥爭想進常委，這些事情沒有動。」

俞梅蓀認為，薄熙來進行自辯，而公訴方的證據又不是很紮實。因此現在當局面臨兩個選擇，一個是輕罪重判，一個是拿出重罪來起訴他。

俞梅蓀：「也許當局就強硬的按照原來的部署還是按輕罪重判，就強行判他結案。也許隨著細節不斷曝光，很難做下去，迫使當局重新把他的大罪搞出來，如果這樣搞，就是新的博弈了。」

俞梅蓀觀察，薄熙來內心並不怕當局曝光他的大罪。

俞梅蓀：「比如活摘器官也好，政變也好，不是他個人行為，他是一個組織行為，他不怕把大家拉下水的。不是他一個人的事。活摘器官有上級批准的。它整個是一個系統的犯罪，一個政府行為的違法。所以他不怕把大家拉下水。」

薄熙來在最後陳述中透露，自己在中紀委調查的時候認罪，是希望保留黨籍，保留他的政治生命。

此前北京律師莫少平告訴《新唐人》，中紀委在調查北京市副市長劉志華案件的時候，也給予他若干承諾，利誘他招供，但是之後並未履行承諾，還是將劉志華移交司法機關。因此劉志華庭上大翻供，跟薄熙來的案件極其相似。

採訪編輯/秦雪 後製/鍾元

Bo Xilai Trial: Chinese Regime Stuck Between Two Options

The trial of Bo Xilai, Chongqing’s former Party

Secretary, entered into a plea process on August 26.

The prosecutor alleged that Bo has pleaded not

guilty, but cannot be given a lenient sentence.

At the 5-day trial, Bo denied all charges against him.

This has surprised the public in China and

overseas as they initially believed the trial

would just go through the motions.

Observers say that Bo has grasped the soft rib

of the Chinese Communist Party(CCP) authorities.

Bo fought back and challenged the CCP in court,

as he knew the CCP dared not expose his felonies.

The CCP is now stuck between two options.

They have the option to give heavy sentences against

minor charges, or to a file felony indictment to conquer Bo.

At the trial held on August 26, the prosecutor argued

that criminal charges against Bo Xilai were all based

on evidence, instead of on his verbal confessions.

The prosecutor stated,"the defendant has committed

extremely serious crimes, but resisted, denying guilt.

So it would not be fit to give him lenient sentences.

He must be severely punished according to the law."

Yu Meisun, former secretary at

the State Council, commented.

The plea has exposed some of Bo’s serious

offences, but these were ignored by the judge.

For example, the defendant said that Neil Heywood had

charged 14 million Yuan as intermediary fees on a project.

Market pricing showed that the project’s

profit reached hundred of millions Yuan.

Yu says, Bo has now only been charged with taking

20 Million Yuan in bribes, and corruption 5 Million Yuan.

The indictment did not cover Bo’s involvement in live organ

harvesting, not his military coup attempt with Zhou Yongkang.

Yu Meisun: “He’s committed six felonies,

including the military coup attempt, live

organ harvesting, and body trafficking.

These felonies touch upon the CCP’s political legitimacy.

In order to reduce threats to the CCP’s

legitimacy, Bo’s crimes were minimized.

Bo has only been prosecuted with minor

economic crimes, and that in itself is the deal."

Yu Meisun says that Bo Xilai has grasped the CCP’s

soft ribs, which is they are avoiding exposing Bo’s crimes.

Thus at his trial, Bo recanted all of his confessions.

Former government researcher, Yao Jianfu, believes

that Bo has no way to truly reverse the verdict.

Yao Jianfu: “He cannot make it, absolutely.

Before the trial was held, the CCP had

already passed through the verdict.

The whole trial was just an act, following a script.

It was a show for the civilians,

foreigners, and you journalists."

Yao Jianfu continues that although Bo recanted

his confession, he reached agreements the CCP.

That is, evading his real felonies by charging him with

some minor offenses, such as corruption and bribery.

The entire trial has only charged Bo with very

minor offences, like a drop of water in a bucket.

Yao Jianfu: “His killing, coup plot or reviving the

brutality of the Cultural Revolution, all these

are more serious than corruption and bribery.

Now he was given the most lenient charges.

He was not charged with offences

of taking a Cultural Revolution line.

Nor was he charged with his attempt to seize power."

Yu Meisun says that Bo has made a speech for self

defense, whilst the prosecutor’s evidence is not solid.

The CCP authorities are now stuck between two options.

One is to give a heavy sentence against the charges,

the other is filing new felony charges against Bo.

Yu Meisun:"Perhaps the authorities

may still follow the original plan.

That is, giving Bo a heavy penalty against minor

criminal charges, and then forcibly closing the case.

With more details exposed, this might be hard to do.

It may force the authorities to make his crimes public.

But this would initiate a new internal battle within the CCP."

Yu Meisun thinks that Bo Xilai does

not fear being exposed for his crimes.

Yu Meisun: “No matter if it is live organ harvesting,

or a coup attempt, nor be it his personal behavior.

They were committed by an organization of people.

He doesn’t fear exposing all the people involved.

Live organ harvesting was approved by superiors.

It is a systematic crime, a violation of

international law committed by the CCP.

That’s why he doesn’t fear exposing those involved."

In his closing statement at the trial, Bo Xilai said that

when investigated by the Central Discipline Inspection

Commission (CDIC), he had admitted his guilt.

This was to retain his CCP membership,

as well as his political body and soul.

Beijing lawyer Mo Shaoping has previously spoken

of the Liu Zhihua case with NTD television.

Liu was Beijing’s former Vice-Mayor,

and his confession was coaxed during

being investigated by the CDIC.

Later, the CDIC did not fulfill the promises they

made to Liu, but took legal action against him.

Liu thus recanted his confession in court,

which was very similar to Bo Xilai’s actions.