张庆方律师致田甘霖院长：修善尚不蒙福，为邪欲以何望？ Attorney Zhang Qingfang to Dean Tian Ganlin: If virtue does not bring blessing, what hope is there for those who pursue wickedness?

鹰潭中院田甘霖院长：

To Dean Tian Ganlin of Yingtan Intermediate Court:

本人是北京市汉鼎联合律师事务所张庆方律师，这个名字，你现在一看到就头大吧？

I am Zhang Qingfang, an attorney at Han Ding United Law Firm in Beijing. My name probably gives you a headache at first glance, doesn't it?

但是，这一切，都该怨谁？

But whom can we really blame for this situation?

也许，自从江西省纪委决定将原吉安市人大主任吴敏受贿案交鹰潭审理的那一刻，你的噩运就难以避免了，

Perhaps, from the moment the Jiangxi Provincial Discipline Inspection Commission decided to transfer the bribery case of Wu Min, the former director of the Ji'an Municipal People's Congress, to Yingtan for trial, your misfortune was inevitable.

而你，又被证明完全不拥有在复杂的历史时期自保的人生智慧。

And it has been proven that you utterly lack the wisdom to protect yourself in complex historical times.

你我同为法律人，又同为73年生人，我虚长你几个月，学历比你高，见识比你多些，

As fellow legal professionals and individuals born in 1973, I am a few months your senior, with a higher level of education and broader experience.

在此，就以一个大哥的身份，给你说几句心里话。

Allow me, in the capacity of an elder brother, to share some heartfelt advice.

首先，我给你讲讲西汉成帝曾经的宠妃班婕妤的故事。

Firstly, let me tell you about Ban Jieyu, a favored concubine of Emperor Cheng of the Western Han Dynasty.

班婕妤是左曹越骑校尉班况之女，史学家班固的祖姑，

Ban Jieyu, the daughter of Left Cavalry Colonel Ban Kuang and the great-aunt of historian Ban Gu,

她少有才学，成帝时被选入宫，立为婕妤，得宠。

was celebrated for her scholarship. She was selected into the imperial harem during Emperor Cheng's reign and became a concubine, winning his favor.

班婕妤相貌秀美，文才颇高，尤其熟悉史事，常常引经据典、出口成章，

Ban Jieyu was renowned for her beauty, literary talent, and especially her knowledge of history, often quoting classics and speaking eloquently.

她经常开导汉成帝。

She frequently advised Emperor Cheng,

成帝为了能够时刻与班婕妤形影不离，特命人制作了一辆较大的辇车，以便同车出游，

who, in his desire to be constantly accompanied by her, ordered a large carriage made for their outings.

但却遭到班婕妤的拒绝，

However, Ban Jieyu refused,

她说：“看古代留下的图画，圣贤之君，都有名臣在侧。

arguing, "In ancient paintings, virtuous monarchs were always accompanied by wise ministers,

夏、商、周三代的末主夏桀、商纣、周幽王，才有嬖幸的妃子在座，

whereas the last rulers of the Xia, Shang, and Zhou dynasties, who were surrounded by favored consorts,

最后竟然落到国亡毁身的境地，

ultimately faced the destruction of their states and personal ruin.

我如果和你同车出进，那就跟他们很相似了，能不令人凛然而惊吗？”

"If I were to share a carriage with you, wouldn't that make us resemble them, a thought both chilling and alarming?"

汉成帝认为她言之成理，同辇出游的意念只好暂时作罢。

Emperor Cheng acknowledged her wisdom, and the idea of sharing a carriage was abandoned.

自赵飞燕姐妹入宫后，汉成帝便声色犬马，班婕妤受到冷落。

After the Zhao sisters entered the palace, Emperor Cheng indulged in excess, neglecting Ban Jieyu.

赵氏姐妹入宫后，飞扬跋扈，许皇后十分痛恨，无可奈何之余，想出一条下策，在寝宫中设置神坛，晨昏诵经礼拜，祈求皇帝多福多寿，也诅咒赵氏姐妹灾祸临门。

After the Zhao sisters entered the palace, their arrogance and unruliness deeply angered Empress Xu, who, feeling powerless, resorted to setting up an altar in her palace for morning and evening prayers, wishing for the emperor's longevity and cursing the Zhao sisters with misfortune.

事情败露以后，赵氏姐妹故意讲，许皇后不仅咒骂自己，也咒骂皇帝，汉成帝一怒之下，把许皇后废居昭台宫。

When their actions were exposed, the Zhao sisters accused Empress Xu of cursing not only them but also the emperor, leading to her demotion to the Zhao Tai Palace by an infuriated Emperor Cheng.

赵氏姐妹还想利用这一机会对她们的主要情敌班婕妤加以打击，诬陷班婕妤参与“巫蛊”之案。

They also seized the opportunity to strike at their main rival, Ban Jieyu, falsely implicating her in a witchcraft case.

汉成帝听信谗言，便来审问班婕妤。

Emperor Cheng, believing the slander, summoned Ban Jieyu for questioning.

然而班婕妤却从容不迫地对称：“妾闻死生有命，富贵在天。修善尚不蒙福，为邪欲以何望？

Yet, Ban Jieyu responded calmly and confidently, "I have heard that life and death are predestined, and wealth and honor are in heaven's hands. If one cannot be blessed for doing good, what hope is there for those who do evil?

若鬼神有知，不受邪佞之诉；若其无知，诉之何益？故不为也。”

If the spirits are aware, they would not heed baseless accusations; if they are not, what benefit is there in cursing? Thus, I neither dare nor deign to engage in such acts."

汉成帝觉得她说的有理，又念在不久之前的恩爱之情，特加怜惜，不予追究，并且厚加赏赐，以弥补心中的愧疚。

Emperor Cheng found her argument convincing, and, reminiscing about their past affection, spared her further inquiry, rewarding her generously to ease his guilt.

田甘霖老弟，你现在的处境，可不比当年班婕妤在宫中好多少啊！

Dear Brother Tian Ganlin, your current situation hardly seems better than Ban Jieyu's in the palace!

一方面，吴敏案是江西纪委制造的一起特大冤案，

On one hand, the Wu Min case, fabricated by the Jiangxi Discipline Inspection Commission as a major miscarriage of justice,

江西纪委成立庞大的专案组把吴敏的弟弟吴忠关了一年半，连续402天不让他见律师，

involved detaining Wu Min's brother, Wu Zhong, for a year and a half, denying him legal representation for 402 days,

把吴敏关了半年，期间每天审讯18小时，却没查出吴敏收受任何一个企业或个人一分钱，

and subjecting Wu Min to 18-hour interrogations daily for six months without uncovering any evidence of bribery from any business or individual,

最终只能以亲弟弟吴忠向亲哥哥吴敏行贿1190万移交到鹰潭起诉和审理。

ultimately reducing the case to an alleged 11.9 million yuan bribe from Wu Zhong to Wu Min, which was then transferred to Yingtan for prosecution and trial.

而这1190万，据吴忠对律师介绍，全是纪委罗织编造的，其中有300万，是吴忠2008年在北京以170万买了套房，本想给计划到北京工作的女儿住，后因女儿未去北京，就在10年后的2018年，以450万卖给了哥哥吴敏。

This 11.9 million yuan, according to Wu Zhong's account to his lawyer, was entirely fabricated by the Discipline Inspection Commission. Of this sum, 3 million yuan was attributed to a property that Wu Zhong bought in Beijing for 1.7 million yuan in 2008, intending it for his daughter who planned to work in Beijing. However, since his daughter never moved, he sold the property to his brother Wu Min for 4.5 million yuan ten years later, in 2018.

江西纪委说：这套房，2018年的市场价是750万，贱卖的这300万价差，就是吴忠向哥哥吴敏的行贿。

The Discipline Inspection Commission claimed that the market value of this property was 7.5 million yuan in 2018, and the 3 million yuan difference in its sale price constituted a bribe from Wu Zhong to his brother Wu Min.

江西纪委又说：吴敏曾经在弟弟面前说过以后我和你嫂子都要退休了，养老看病是个问题。吴忠就承诺给他们400万养老钱。这400万的所谓承诺，也是行贿。

Furthermore, the Discipline Inspection Commission alleged that Wu Min had discussed his and his wife's future retirement and healthcare concerns with his brother, to which Wu Zhong supposedly promised 4 million yuan for their care. This so-called promise was also labeled as bribery.

江西纪委又查了几笔吴忠的公司大额取现记录，都逼着吴忠说这些钱都给了吴敏，最后，凑成了弟弟向哥哥行贿的一起1190万受贿大案。

The Discipline Inspection Commission also examined several large cash withdrawals from Wu Zhong's company, pressuring him to admit that all this money was given to Wu Min, eventually framing it as a case of the younger brother bribing the older brother, totaling 11.9 million yuan in bribery.

田甘霖老弟，你曾经是江西高院平反张玉环冤案的审判长，对刑事审判，也算行家里手。

Brother Tian Ganlin, as the presiding judge who overturned Zhang Yuhuan's wrongful conviction in Jiangxi High Court, you are considered an expert in criminal law.

看到江西纪委给你安排的这么一个脏活，他们把子弹上膛，要你对吴敏扣动扳机，你内心可曾有过一丝不安？

Facing the dirty task arranged for you by the Jiangxi Discipline Inspection Commission, where they loaded the gun for you to pull the trigger on Wu Min, did you ever feel a twinge of unease?

但是，至少外观上，我丝毫没看出你，以及你的副手，主管刑事的刘赛连副院长，对配合江西省纪委构陷吴敏，表现出半点犹豫和迟疑。

However, at least outwardly, I have not perceived any hesitation or doubt in you or your deputy, Vice President Liu Sailian, responsible for criminal cases, in collaborating with the Jiangxi Discipline Inspection Commission to frame Wu Min.

本人2024年1月22日中午，就发短信提醒你：要约束你的副手刘赛连，她如果在官方给吴敏强行安插的吴文兆律师公然说这个案子就是有人借刀杀人，就是个政治案子，但是，家属和吴敏只能认，随后又妄议中央的情况下，

On January 22, 2024, I sent you a text message urging you to restrain your deputy, Liu Sailian. If she publicly states, in the presence of Wu Wenbiao, the lawyer forcibly appointed by the authorities for Wu Min, that this case is a matter of using someone else to commit murder, essentially a political case, and yet the family and Wu Min can only accept it, followed by her baseless discussions about the central government,

在换掉吴文兆后，仍然不同意吴敏家属委托的两位律师介入，仍然要强行为吴敏安插第二拨法援律师许春林和吴迪琛，

and still refuses to allow the two lawyers commissioned by Wu Min's family to get involved, insisting instead on forcibly appointing a second set of legal aid lawyers, Xu Chunlin and Wu Dichen, for Wu Min after replacing Wu Wenbiao,

你要掂量掂量，你自己的硕士论文，你们徐文辉副院长的硕士论文，以及你们刘赛连副院长的论文，自己心里没数吗？

you should weigh carefully. Are you not aware of the issues with your own master's thesis, Vice President Xu Wenhui's thesis, and Vice President Liu Sailian's thesis?

本人自从2021年10月开始，就在少林寺方丈释永信大师座下，以居士身份修行佛法，法号延方，自此，本居士一向慈悲为怀，对凡间的恶人，即便不能渡，也绝不会为敌。

Since October 2021, I have been practicing Buddhism under the guidance of Master Shi Yongxin at Shaolin Temple, adopting the lay Buddhist name Yan Fang. Since then, I have always embraced compassion, never regarding those who do evil in this world as enemies, even if I cannot convert them.

但是，田甘霖院长，你和鹰潭中院在吴敏案中的所作所为，实在让本居士都忍无可忍！

However, Dean Tian Ganlin, your actions and those of the Yingtan Intermediate Court in the Wu Min case have truly pushed my limits of tolerance!

即便是江西省纪委交办的案子，你公正审判很难吗？

Even if the case was handed over by the Jiangxi Provincial Discipline Inspection Commission, is it so hard for you to judge fairly?

至少，保证吴敏的程序性权利，让家属请的律师出庭辩护，让被指控为行贿犯的吴忠同庭受审，连这，都做不到吗？

At the very least, can't you ensure Wu Min's procedural rights, allow the lawyer chosen by his family to defend him in court, and have Wu Zhong, accused of bribery, tried in the same court? Can't you even manage this?

江西纪委能对一级中院的审判工作，干预到如此具体的程度？

Can the Jiangxi Provincial Discipline Inspection Commission really intervene in the trial work of a first-level intermediate court to such a specific extent?

即便江西纪委的人有干预司法的习惯，在中国的法治已经进步到今天，人民领袖谆谆教诲要让人民群众在每一个案件中都感受的公平正义的情况下，

Even if the people at the Jiangxi Provincial Discipline Inspection Commission are accustomed to intervening in the judiciary, with the rule of law in China having progressed to where it is today, and our national leaders earnestly instructing us to ensure the people feel fairness and justice in every case,

你依法公正审理和判决吴敏案，真就会给自己带来不测之祸？

would judging and ruling on the Wu Min case fairly and according to law really bring disaster upon yourself?

我高度怀疑，江西纪委把案件移交后，压根对鹰潭检法没任何指示或者暗示，是你们自己，心里有病，害怕被查，处处为纪委着想，唯恐办不好吴敏案，纪委怪罪下来，查到自己头上，而你们这些人，又都经不起查。

I highly doubt that after transferring the case, the Jiangxi Provincial Discipline Inspection Commission gave any specific instructions or hints to the Yingtan judiciary. It is more likely that you, out of your own paranoia, fearful of being investigated, and always considering the Discipline Inspection Commission's perspective, dread mishandling the Wu Min case and thus attracting blame and investigation towards yourself, even though you and your colleagues cannot withstand scrutiny.

但是，甘霖老弟，你这次，是碰上硬茬了！

But, dear Brother Ganlin, this time you have hit a tough spot!

江西纪委制造冤案的那些人，也许暂时站得远些。

Those who fabricated this wrongful case at the Jiangxi Provincial Discipline Inspection Commission might stand back for now.

你本人，你的几个副手，以及整个鹰潭中院，可是绝对在我的射程之内的。

But you, your deputies, and the entire Yingtan Intermediate Court are well within my reach.

在吴忠已经通过律师传出手书，揭露出江西纪委残酷地刑讯逼供，全部1190万行贿都是纪委编造，并强烈要求出现在哥哥吴敏的法庭上，揭露纪委制造假案全过程的情况下，

With Wu Zhong already having sent out a letter through his lawyer, revealing the Jiangxi Provincial Discipline Inspection Commission's brutal torture for confessions, that the entire 11.9 million yuan in alleged bribery was fabricated by the Commission, and his strong demand to appear in court alongside his brother Wu Min to expose the entire process of the Commission's fabrication of this false case,

你还敢按原计划，在家属请的律师不许出庭，吴忠作为行贿人同样不许出庭的前提下，由你们自己安排的法援律师出面，摸黑审判吴敏案？

do you still dare to proceed as originally planned, having the legal aid lawyers you appointed to represent Wu Min in a shadowy trial, while neither the lawyers chosen by his family nor Wu Zhong, accused of bribery, are allowed to appear in court?

你要冒多大的风险？

What risks are you willing to take?

在此，我要再次告诫甘霖老弟，宇宙很大，地球不过是其中的一粒沙，人类连沙都不是。若干年后，你我都终将离开这个世界，你就不想想，将来会不会为眼下的行为后悔吗？

Here, I must warn you again, dear Brother Ganlin: The universe is vast, and the Earth is but a grain of sand within it; humans are not even that. Years from now, both you and I will leave this world behind. Do you not ponder whether you might regret your current actions in the future?

你作为一院之长，竟然在两会期间大老远地跑来北京威胁吴敏的家属：不是我们为你父亲安排法律援助律师，是他本人要求法援律师。你们愿意不愿意沟通，都不影响我们开庭审理。你们在北京的房子，你爸也资助了，我们也可以查！

As the head of a court, you actually went all the way to Beijing during the National People's Congress sessions to threaten Wu Min's family, saying, "It wasn't us who arranged the legal aid lawyer for your father; he requested one himself. Whether you wish to communicate or not, it will not affect our court proceedings. The house you have in Beijing, your father also contributed to; we can investigate that too!"

你这么做这么说时，就不怜惜自己的形象，不怕被以一个昏官甚至酷吏形象写入历史?

In doing and saying such things, do you not care about your own reputation, or fear being recorded in history as a negligent official or even a tyrant?

劝勉的话，也就这么多了。最后，我还是要把丑话说在前面:不要轻信江西纪委可以一手遮天！

That's all the advice I have. Finally, I must state plainly: do not blindly believe that the Jiangxi Discipline Inspection Commission can cover the sky with one hand!

你们敢摸黑审判吴敏案，我就在开庭日期确定后，立即去江西高院门口，要求傅信平院长出来解释：司法的脸面，江西还要不要？

If you dare to proceed with a shadowy trial of the Wu Min case, as soon as the court date is set, I will go directly to the entrance of the Jiangxi High Court and demand that Chief Justice Fu Xinping come out to explain: Does Jiangxi care about the face of its judiciary?

如果傅院长不在乎面子，开庭当天，我会到最高法院门口，请张首席表态：刑事审判的体面，还要不要？如果不要了，何不向中央打报告，纪委办的案子，法院退出，让纪委判决不好？

If Chief Justice Fu does not care about face, on the day of the trial, I will be at the entrance of the Supreme People's Court, asking Chief Justice Zhang to make a statement: Does the dignity of criminal trials still matter? If not, why not report to the central government that the courts should withdraw from cases handled by the Discipline Inspection Commission, letting them make the judgments instead?

勿谓言之不预，对一意孤行的后果，做好预案为佳！

Let it not be said that you were not forewarned. It's best to prepare for the consequences of stubborn unilateral action.

张庆方 北京市汉鼎联合律师事务所律师

Zhang Qingfang Lawyer at Handing United Law Firm, Beijing

2024年3月11日

March 11, 2024