以组织的名义——常州厂卫的双重罪恶 张龙案辩护词 In the Name of the Organization—The Dual Evils of Changzhou Factory Guards Defense Statement for the Case of Zhang Long
经过前天和昨天的两天庭审,我相信真相已经很清楚了,在这里被审判的不是张龙,张龙既没有经济问题,也没有作风问题。
After the two-day trial held the day before yesterday and yesterday, I believe the truth is very clear. It is not Zhang Long who is being judged here. Zhang Long has neither economic issues nor conduct problems.
他这个人夫妻和睦,在外边没有情人,更没有其他乱七八糟的事情,兢兢业业,谨小慎微,一心扑在工作上。
He has a harmonious marital relationship, no mistresses outside, and no other messy issues. He is diligent, cautious, and wholeheartedly devoted to his work.
就这样一个好干部,这可能是苏南干部中的典型,苏南的干部大都是认真工作的,也都很小心。
Such a good cadre may be a typical example among cadres in southern Jiangsu. Most cadres in southern Jiangsu work diligently and cautiously.
但是却被常州纪委监委这样折磨,让他蒙受不白之冤。
However, he was tortured by the Changzhou Discipline Inspection Commission and the Supervision Commission, causing him to suffer an unjust accusation.
所以我认为,在这个法庭上受审的是常州纪委的办案人员以及常州纪委办案模式。
Therefore, I believe that it is the personnel of the Changzhou Discipline Inspection Commission and their case-handling model that are on trial in this court.
这种模式比任何历史上,比武周时期、魏忠贤时期、汉武帝时期都要罪恶,因为古代司法,即使你说它罪行擅断,但是涉及到官员贪赃好歹还要讲究一个“赃证具获”。
This model is more evil than any in history, including the periods of Wu Zetian, Wei Zhongxian, and Emperor Wu of Han. Ancient judiciary, even when committing misjudgments, at least required concrete evidence of corruption.
说人家贪赃,赃物在哪儿、赃款在哪儿、收了多少纹银、收了多少财帛,你在人家家里找到没有?
When accusing someone of corruption, where are the stolen goods, the illicit money, how much silver, how much wealth was received, and did you find these in their home?
现在按照常州纪委的模式,不需要这个东西,完全不需要。
According to the current model of the Changzhou Discipline Inspection Commission, none of these are needed at all.
他们说现在谁收了钱还放在自己家里,都是从这个老板这里收了以后,转手到了另一个老板手里收利息去的。
They claim that no one keeps money at home now; it's all transferred from one boss to another to earn interest.
然后按照这么一种模式,他就不受任何限制了,对任何一个官员,哪怕他是清白的,都可以任意的给他确定犯罪数额。
Following this model, they face no restrictions and can arbitrarily determine the amount of crime for any official, even if he is innocent.
张龙就是这样,他家里没有钱,纪委却给他搞了1000多万,并且在这个过程中不断的增加数额。
This is exactly what happened with Zhang Long. He had no money at home, but the Discipline Inspection Commission imposed over 10 million on him, continuously increasing the amount during the process.
因为他根据张龙在雪堰镇,在环保局,在武高新工作的时候,和他有工作关系的这些老民营老板,纪委锁定了几个民营老板,看人家账上有哪些钱可以动,大概他们算出来是 2000 万。
They targeted several private business owners who had work relationships with Zhang Long during his tenure in Xueyan Town, the Environmental Protection Bureau, and Wugaoxin, checking which of them had money on their accounts. They estimated about 20 million.
所以他就不停地给张龙说,你不对,你交代的数额和我们从老板那里搞弄到的钱那有差额啊。
So they kept telling Zhang Long that he was wrong and that the amount he confessed did not match the money they had obtained from the bosses.
所以它完全不是一种正当的办案,不是去查清楚究竟是有没有受贿,数额是多少。
Therefore, this is not a legitimate case-handling process. It is not about finding out whether there was bribery and the exact amount.
而是说他锁定了这些老板以后,他们已经有了一个数额了,说我们要通过这个案子办2000万。
Instead, after targeting these bosses, they had already set an amount, saying they needed to handle 20 million through this case.
办不了怎么办?不停地逼张龙,最后实在是没有办法了,逼了几个月以后,凑了1200多万,说剩下的算了。
What if they can't reach this amount? They kept pressuring Zhang Long. After a few months of relentless pressure, they managed to gather over 12 million and said to forget about the remaining amount.
剩下的给你做一个笔录,你总要收点烟酒和购物卡吧?那怎么算呢?这个在雪堰镇你就算300万吧。
For the remaining amount, they made a record for him, stating he must have received some cigarettes, alcohol, and shopping cards. How would this be calculated? Let's count 3 million for Xueyan Town.
搜了300万的烟酒购物卡,你都变现了;在这个环保局多少给你算200万,在高新区给你算 150 万,加起来凑了个 650 万。
For 3 million worth of cigarettes, alcohol, and shopping cards, which were supposedly converted to cash; let's count 2 million for the Environmental Protection Bureau and 1.5 million for the High-Tech Zone, totaling 6.5 million.
这些烟酒收到谁的?没有来源;怎么变换的现金?也没有来源。
Who gave these cigarettes and alcohol? There's no source. How were they converted to cash? No source for that either.
但是尽管没有来源,最终就被常州纪委从一纸笔录,他自己就截留这些所谓的 650 万违纪款。
Despite having no source, the Changzhou Discipline Inspection Commission ultimately kept these so-called 6.5 million illegal funds based on a written record.
这么一种丧尽天良的办案模式,这么一种丧尽天良的模式,它是双重罪恶。
Such a heartless case-handling model, this kind of heartless model, constitutes dual evils.
一种是构陷清廉的、廉洁的干部、好干部,明明人家没事,非得给他安上一个贪官的帽子;
One is framing honest, clean, and good cadres, insisting on labeling them as corrupt officials when they are innocent.
再一个,他盘剥常州的民营企业家,这么搞下去,迟早会把常州经济给毁掉。
Another is exploiting Changzhou's private entrepreneurs. Continuing this way will eventually destroy Changzhou's economy.
这么搞的话,哪一个干部还能够兢兢业业的工作?哪一个干部不会躺平?
If this continues, which cadre can still work diligently? Which cadre would not lie flat?
你认真工作,这个最终就是这么一种下场,哪一个企业敢在这里投资?
If you work seriously, this will be your ultimate fate. Which company would dare to invest here?
雪堰镇的老板,从张龙去之前,他的前任书记蒙难,常州纪委把整个雪堰镇党委、镇政府基本上全锅都给端了。
The bosses in Xueyan Town, before Zhang Long went there, saw their previous secretary suffer. The Changzhou Discipline Inspection Commission wiped out almost the entire party committee and town government of Xueyan Town.
那个时候就把在雪堰镇设厂的、办项目的一些老板给折磨了一个遍,让他们交钱。
At that time, they tortured some bosses who set up factories and projects in Xueyan Town, forcing them to pay money.
接下来又是张龙案,又是王宏强案。
Next came Zhang Long's case, followed by Wang Hongqiang's case.
这个马益飞和曹宇自己说的,他说办这个你们这个案子,这些老板要争着送钱,他不交钱我们能饶过他们吗?
Ma Yifei and Cao Yu said it themselves: in handling your cases, these bosses compete to send money. If they don't pay, can we spare them?
所以王宏强案中交钱交的少的,在你的案子就让他多交,这是办案吗?这是发现真相吗?这是查清事实吗?
So in Wang Hongqiang's case, those who paid less had to pay more in your case. Is this how to handle a case? Is this discovering the truth? Is this finding out the facts?
他完全是为了满足一己私欲,用别人的鲜血染红自己的红顶子,最终必然洒向人间都是怨,是要毁掉整个
常州。
He is completely satisfying his selfish desires, using others' blood to stain his red hat, and this will inevitably lead to widespread resentment and ultimately destroy Changzhou.
所以这种模式如果说不能够去制止,作为一个法律人,我觉得对我来说,我既然接手了张龙案,我不去制止,这是对我本人这职业良心是一种羞辱。
Therefore, if this model cannot be stopped, as a legal professional, I believe that since I have taken on Zhang Long's case, not stopping this would be a shame to my professional conscience.
对所有常州的对这个案子有决定权的检察院和法院的人,对你们也是一种羞辱。
For all the prosecutors and court officials in Changzhou who have the power to decide on this case, this is also a disgrace to you.
你们还振振有词,敢在这里言不由衷,揣着明白装糊涂,我觉得丢脸。
You are still so self-righteous, daring to speak insincerely here, pretending to be ignorant when you know the truth. I find it shameful.
好,接下来我要讲,就像公诉人说的一样,说对张龙,办案人员也没有怎么地啊,构不居使用肉刑或者变相肉刑啊。
Okay, next I want to say, just like the prosecutor said, that for Zhang Long, the investigators didn't do much, did not use physical punishment or disguised physical punishment.
对你而言,还有什么手段能构成肉形和变相肉形吗?
To you, what other methods can constitute physical punishment and disguised physical punishment?
我就结合着最近找我的常州这些冤案的家属和企业家,他们被常州纪委怎么样来折磨的,我就要证明。
I will combine this with the recent visits from the families and entrepreneurs of these wrongful cases in Changzhou who have told me how they were tortured by the Changzhou Discipline Inspection Commission. I want to prove this.
他们是有关联性:首先都是常州纪委办的案子,他们用的手段都是大同小异。
They are connected: first, they are all cases handled by the Changzhou Discipline Inspection Commission, and the methods they used are almost identical.
常州纪委完全是以组织的名义,完全可以做到表面上不像古代那种大刑伺候,水火棍什么的,搞的遍体鳞伤。
The Changzhou Discipline Inspection Commission acts entirely in the name of the organization, completely avoiding the overt physical tortures of ancient times like using water and fire sticks that left people bruised and battered.
但是他同样完全可以做到对人形成强大的心理影响,让他不得不按照纪委的这个指示去编造,去构陷自己,去构陷那些无辜的企业家。
But they can still exert a powerful psychological influence, forcing people to fabricate, incriminate themselves, and frame innocent entrepreneurs according to the commission's instructions.
我就举几个,一个是杨康成案。
Let me give a few examples, one of which is the Yang Kangcheng case.
去年发生了承勇自杀案件以后,我也向中纪委上书,那个是公开的,当时杨康成案中几个企业家就给我打电话。
After the Cheng Yong suicide case last year, I also submitted a letter to the Central Commission for Discipline Inspection, which was public. Several entrepreneurs involved in the Yang Kangcheng case called me at that time.
他们说难道我们有病吗?我到副区长办公室去取钱。
They asked, "Are we crazy? I went to the deputy district chief's office to get money."
常州纪委逼着我说分6次用公文包装了 300 万现金,这些东西完全是无中生有。
The Changzhou Discipline Inspection Commission forced me to say that I packaged 3 million yuan in cash in 6 batches using official documents. This is completely fabricated.
但是常州纪委就用这种方式,把不存在的受贿数额地杨康成安上了,又让无辜的民企老板承担了退赃的责任。
But the Changzhou Discipline Inspection Commission used this method to pin a non-existent bribery amount on Yang Kangcheng and made innocent private entrepreneurs bear the responsibility of returning the money.
但是当时的情况是,他们被高强度的维稳,不敢委托北京的律师去为自己申冤。
However, at that time, they were under intense stability maintenance and did not dare to hire Beijing lawyers to redress their grievances.
再一个就是盛新案。
Another case is Sheng Xin's case.
现在刚刚上诉到常州中院,是新北区法院办的案子。
It has just been appealed to the Changzhou Intermediate People's Court, a case handled by the Xinbei District Court.
常高新集团董事长盛新,他是 2022 年的9月 1 号被常州纪委在“想园”留置。
Sheng Xin, chairman of the Changgao Group, was detained by the Changzhou Discipline Inspection Commission at Xiangyuan on September 1, 2022.
“想园”那地方张龙就不会陌生了。
Zhang Long would be familiar with the Xiangyuan place.
人家从9月 1 号第一次做笔录说自己无罪,根本就没有什么事。
On September 1, during the first transcript, he said he was innocent and that there was nothing wrong.
常州纪委用了 6 个月,那各种办法对付,对张龙用的办法全用上了,用了 6 个月没有逼出来口供。
The Changzhou Discipline Inspection Commission used all kinds of methods over six months, applying all the same tactics used on Zhang Long. After six months, they failed to extract a confession.
盛新就松了一口气,觉得这个 6 个月他们都过去了,没问题了,接下来就要到看守所了。
Sheng Xin breathed a sigh of relief, thinking that they had gotten through these six months without any problems and would soon be transferred to the detention center.
到看守所在纪委留置中心的人都知道,那看守所和这个纪委的留置中心相比,那是一个天上,一个天堂,一个地狱,终于可以回到人家,甚至进天堂。
Those who have been in the detention center and the Discipline Inspection Commission’s detention center know that compared to the latter, the former is like heaven. Finally, they could return to their families or even reach paradise.
结果好,6 个月到期以后,对这个常高新的董事长盛新,常州纪委就直接把他拉出来,几个小时,用下边县市的这个公安办了一个指定居所监视居住手续。
But after six months, the Changzhou Discipline Inspection Commission pulled Sheng Xin out, processed a designated residence surveillance procedure with the local county and city police within a few hours.
转了一圈又重新回到“想园”,纪委那帮家伙就告诉他说你不交代,别想活着走出“想园”。
After a loop, he was brought back to Xiangyuan. The Commission’s guys told him that if he didn’t confess, he wouldn’t leave Xiangyuan alive.
这个时候盛新就崩溃了,说暗无天日了,暗无天日了,我不交代不行了,我总要活着吧?还有家里人。
At this point, Sheng Xin broke down, saying it was utterly dark and hopeless. He felt he had to confess to stay alive for the sake of his family.
所以到了从9月1号到这个3月1号,他这个 6 个月的留置结束了以后,在外边转了一个圈,又以指定监收居住的名义重新回到“想园”留置中心。
From September 1 to March 1, after his six-month detention ended, he was taken for a loop outside and then brought back to the Xiangyuan Detention Center under the guise of designated residence surveillance.
这样下来没到 20 天,到了3月 20 号,办案人员又来找他,各种逼迫,各种诱供。
Less than 20 days later, on March 20, the investigators came to him again, applying all sorts of pressure and inducements.
承认的话怎么样,不承认的话怎么样,他就被迫承认了。
They told him what would happen if he confessed and what would happen if he didn't. He was forced to confess.
他编造说收周飞耀给我的现金人民币 400 万元,还有收了沈留坤给我的 70 万元,这是整个编出来,和张龙的编的一模一样,都是被编出来的。
He fabricated that he had received 4 million yuan in cash from Zhou Feiyao and 700,000 yuan from Shen Liukun. This was all made up, exactly like Zhang Long's fabrication; it was all fabricated.
但是后来到了法院以后,人家盛新说我编这些东西,你们公诉人和辩护人一起和法院,就到常高新的这个办公楼去看一看,就知道这个东西完全是编出来的。
However, later in court, Sheng Xin stated that he made up these things. If the prosecutors and defense lawyers go to Changgao Group’s office building, they would see that it was all fabricated.
因为常高新的办公楼是 24 小时都是保安值
守,并且盛新的办公室在二楼。
The Changgao Group's office building is guarded by security 24 hours a day, and Sheng Xin's office is on the second floor.
就好像张龙这个在雪堰镇政府的办公室二楼,从一楼到二楼,没有电梯、有门禁。
It’s similar to Zhang Long’s office on the second floor of the Xueyan Town government building, which has no elevator and is secured.
你必须是事先约好或者通过保安,或者说是有人去接他才能进得去。
You must have an appointment, or go through security, or be accompanied by someone to get in.
那按照这个行贿人的说法,就拎了两个大袋子,一个是 200 万,加起来 400 万,400万现金是多重?
According to the briber's statement, they carried two big bags, one containing 2 million, adding up to 4 million. How heavy is 4 million in cash?
一个人能不能拎得动咱先不说。他就如入无人之境,也没有和盛新提前沟通联系好就进了。
Let’s not discuss whether one person can carry it. He entered as if there was no one around, without prior communication or coordination with Sheng Xin.
这个必须通过门禁,必须打开门禁才能进的常高新董事长的办公室,就送了 400 万的现金。
To enter the office of the chairman of Changgao Group, which requires security clearance, he supposedly delivered 4 million in cash.
这不胡说八道吗?但是就这么一种赤裸裸的冤案,只要去现场就可以还原真相的。
Isn't this nonsense? But such a blatant wrongful case could be cleared up just by going to the scene.
在我们常州,至少在北新区,检察院不敢去纠正,法院不敢纠正,我也不相信你们常州中院能够去纠正。
In Changzhou, at least in the North New District, the procuratorate does not dare to correct it, the court does not dare to correct it, and I don’t believe the Changzhou Intermediate Court can correct it either.
这是盛新的案子,盛新的案子它能够做成,让盛新被迫承认自己有罪。
This is Sheng Xin’s case. The case was made to force Sheng Xin to confess guilt.
那你说张龙这个案子它不一样吗?
So, do you think Zhang Long's case is any different?
再一个就是黄群喜的案子。我相信在座的刘红霞法官和江军法官都不陌生,一审就是你们审的。
Another case is Huang Qunxi's case. I believe Judges Liu Hongxia and Jiang Jun present here are not unfamiliar with it. You were the ones who tried the first instance.
尽管当时常州纪委逼他,逼着他认罪认罚,他在一审的时候也没有敢这个特别放开的去辩护。
Although the Changzhou Discipline Inspection Commission forced him to plead guilty and accept punishment, he didn’t dare to defend himself too openly in the first trial.
但是毕竟是冤就是冤嘛,人家到了高院以后,人家是坚决的要洗清自己身上的不白之冤,到现在高院也开不了庭。
But after all, an injustice is an injustice. After reaching the High Court, he firmly wanted to clear his name. To date, the High Court has not been able to hold a trial.
所以办一个案子不要图一时的完成任务就行了。
So, handling a case should not be about completing the task momentarily.
说什么现在就是这个纪委模式,你们也是被纪委用枪顶着,用枪逼着,我们就是要迎合纪委。
You say that this is the current Discipline Inspection Commission model. You are also being held at gunpoint by the Commission, and we just have to comply with the Commission.
你办这个案子,你办了错案,首先是冤枉了一个人,你良心会安吗,再一个将来你说这就是现代史,你办错了,你将来怎么办?
Handling this case and making a wrongful judgment firstly means wronging a person. Can your conscience rest easy? Secondly, in the future, this will be recorded in modern history. What will you do then?
这个黄群喜的案子也是他是二室的副主任曹国军带着人办的,那也是他用的什么办法?
Huang Qunxi's case was also handled by Cao Guojun, the deputy director of the second office. What methods did he use?
就好像是说逼这个张龙说你老婆儿子正在转移赃物呢,不行就留置。
It’s similar to forcing Zhang Long to say that his wife and son were transferring illicit goods. If not, they would be detained.
曹国军办个黄群喜的案子,他给这个黄群喜看了一段 40 分钟的录像。
In handling Huang Qunxi’s case, Cao Guojun showed him a 40-minute video.
这个录像就是省里边交给常州纪委办的江苏省环保厅某个管理中心的主任叫单体华的案子。
This video was of the case of Shan Tihua, a director of a management center of the Jiangsu Provincial Environmental Protection Department, which was handed over to the Changzhou Discipline Inspection Commission by the province.
单体华被常州纪委留置了以后,人家不交代。
After Shan Tihua was detained by the Changzhou Discipline Inspection Commission, he did not confess.
他们这帮家伙就把这个单体华的儿子单澄洋搞过来了,以后各种逼迫。
These guys brought Shan Tihua’s son, Shan Chengyang, over and used all kinds of coercion.
黄群喜一看这个手机上的这个曹国军手机上的录像,单澄洋这个小孩在留置室,双腿跪在地上是嚎啕大哭,不停地哭说爸爸你救我吧。
When Huang Qunxi saw the video on Cao Guojun’s phone, Shan Chengyang was in the detention room, kneeling on the ground, crying continuously, saying, "Dad, save me."
整个时长 40 分钟,黄群喜看完以后心里彻底崩溃。
The video lasted 40 minutes. After watching it, Huang Qunxi completely broke down mentally.
因为人家明确的说,单体华的儿子的下场就是你儿子的下场,你儿子和你老婆都构成了洗钱,马上就抓。
Because they clearly stated that Shan Tihua’s son’s fate would be the same as his son’s, that both his son and wife were involved in money laundering and would be arrested soon.
黄群喜一下子就崩溃了,就承认了。
Huang Qunxi immediately broke down and confessed.
就还有一个杨猛的,杨猛是常州食药监局的副局长。
Another case is that of Yang Meng, the deputy director of the Changzhou Food and Drug Administration.
他被常州纪委折磨了 156 天以后,腿瘸了,到现在还不能正常的走路。
After being tortured by the Changzhou Discipline Inspection Commission for 156 days, he was left with a lame leg and still cannot walk normally.
因为常州纪委用高强光照他的眼,一只眼睛瞎了,耳朵聋了。
Because the Changzhou Discipline Inspection Commission used high-intensity light on his eyes, one eye went blind and his ears became deaf.
他们用风油精往人家鼻子里边,往眼睛里边灌,因为高强度的强光、让他每天这个十八九个小时,一个坐姿,整个就是遍体鳞伤。
They poured medicated oil into his nose and eyes. Due to high-intensity light and being forced to sit in one position for 18 to 19 hours a day, his whole body was covered in bruises.
就这么折磨。但是就杨猛的案子在常州中院也没有得到纠正。
This is how he was tortured. But even Yang Meng’s case has not been corrected in the Changzhou Intermediate People’s Court.
这个杨猛案他就是和这个张龙案一样,他就打着你的案子以组织的名义。
Yang Meng’s case is the same as Zhang Long’s case, both carried out in the name of the organization.
为什么说张龙也算个共产党员,杨猛也是个共产党员。
Why? Because Zhang Long is also a Communist Party member, and so is Yang Meng.
说起来应该是实事求是,但是他对地痞流氓,你可能说威武不能屈,但是对自己的组织,以组织的名义打着领导的旗号。
In theory, they should seek truth from facts. However, when facing thugs, you might say that might cannot subdue righteousness. But when it’s your own organization, operating under the banner of leadership...
那种大帽子压下来,咱们干部越是正直的干部,他越受不了,他越抵抗不了。
Such heavy hats come down on us. The more upright a cadre is, the less they can withstand and resist it.
这个杨猛案中办
案人员是谁呢?是这个四室的主任周律成,他来了两个办案能手,一个是马益飞,一个是曹宇。
Who were the investigators in Yang Meng's case? They were Zhou Lvcheng, the director of the Fourth Division, and two experienced investigators, Ma Yifei and Cao Yu.
马益飞和曹宇大家都不陌生,就是做张龙冤案的这两个人。
Ma Yifei and Cao Yu are no strangers to everyone; they are the same people handling Zhang Long's wrongful case.
这个周律成怎么告诉杨猛呢?说你的案子是省监委亲自交办的、督办的大案要案,是蒋卓庆亲自批示的。
What did Zhou Lvcheng tell Yang Meng? He said that Yang Meng's case was a major case personally assigned and supervised by the Provincial Supervision Commission and approved by Jiang Zhuoqing himself.
你就是这个江苏医疗器械行业的一个毒瘤,必须铲除,政治上也有严重问题,法律上也有严重的问题,这个所以既是职务犯错案件,又是政治案件啊。
He said, "You are a tumor in Jiangsu's medical device industry that must be removed. You have serious political and legal issues. This is both a job-related error case and a political case."
他说你是汪泉书记和这个省纪委的刘悦科副书记亲自批准的,打的这个市委书记和省纪委副书记批次的旗号来压,不陌生吧?
He said that it was personally approved by Secretary Wang Quan and Deputy Secretary Liu Yueke of the Provincial Discipline Inspection Commission. Using the names of the Municipal Party Secretary and the Deputy Secretary of the Provincial Discipline Inspection Commission to press you. Does this sound familiar?
张龙案中他们也是这么讲的。他就是通过这么一种方式来逼,还拿着外调来说事,你不交代的话我们外调。
They said the same thing in Zhang Long's case. They used this method to pressure you, even threatening external investigations if you did not confess.
这个杨猛案中周律成就说,我们专案组最多时有 79 个人,是常州历史上最大的专案组,正在外调。
In Yang Meng's case, Zhou Lvcheng said that their task force had up to 79 people, the largest task force in Changzhou's history, conducting external investigations.
办案人员说我们周主任就是外调内查的总指挥,完全可以决定你的命运,我们已经花了几百万这个财政的钱了,花了钱了还能不整你吗?我们还能办错?我这个钱从哪里出?
The investigators said that Director Zhou was the commander of the external and internal investigations and could completely decide your fate. They had already spent millions of fiscal funds. Having spent the money, could they afford not to deal with you? Could they make mistakes? Where would the money come from?
所以他通过这么一种方式,他逼的这个杨猛一开始还坚强了几十天,后来他实在是撑不住,并且这个办案人员马益飞和曹宇完全比地痞流氓还流氓,一副痞子的样子。
So, using this method, they pressured Yang Meng. He held out for dozens of days, but eventually, he couldn't withstand it. Investigators Ma Yifei and Cao Yu acted worse than thugs, displaying rogue behavior.
马益飞怎么说?说杨猛狗日的,我办不了你受贿罪就办你渎职罪,他说我办你巨额财产来源不明罪,五宗罪加在你头上,要整死你,要让你知道是怎么死的。
What did Ma Yifei say? He said, "Yang Meng, you dog, if I can't convict you of bribery, I'll convict you of dereliction of duty. I'll charge you with unexplained large sums of property. I'll pile five charges on you, crush you, and let you know how you'll die."
这个马益飞还说我可以把硫酸泼在你头上,拿着硫酸就开始威胁,硫酸泼在你头上,你信不信?
Ma Yifei even threatened to pour sulfuric acid on his head, holding a bottle of sulfuric acid, saying, "Do you believe I'll pour it on your head?"
然后这个曹宇怎么说呢?曹宇下流无耻的说:杨猛,几十天了没有碰到女人了,想不想?配合了就给你安排一女人。
And what did Cao Yu say? Cao Yu shamelessly said, "Yang Meng, it's been dozens of days without a woman. Do you want one? Cooperate, and I'll arrange a woman for you."
再一个说罗建茂案,这个比较简单。他是新北区春江镇副镇长。你说荒唐不荒唐?
Another case is that of Luo Jianmao, which is relatively simple. He was the deputy mayor of Chunjiang Town, Xinbei District. Isn't this ridiculous?
人家在法庭上,罗建茂就要求和办案人员对证,谁说假话全家死光。
In court, Luo Jianmao requested to confront the investigators, swearing that anyone lying would have their whole family die.
他那个就和张龙一样,认定罗建茂什么,他利用副镇长职务给那些镇上的这些人,在拆迁补偿中为了多获得一点拆迁补偿款,就受贿。
His case was the same as Zhang Long's. They accused Luo Jianmao of using his position as deputy mayor to accept bribes in exchange for higher demolition compensation for town residents.
受了多少呢?其中有一个叫朱章福,他给了罗建茂 30 万元人民币,最终说是多拿了 20 多万的这个补偿款。
How much did he supposedly receive? One person, Zhu Zhangfu, gave Luo Jianmao 300,000 yuan, ultimately saying that he got more than 200,000 yuan in additional compensation.
有这种人吗?大家傻吗?我为了多拿 20 多万的拆迁补偿款,就给这个副镇长行贿 30 万元。
Are there such people? Are we stupid? Would I bribe the deputy mayor 300,000 yuan to get 200,000 yuan more in compensation?
这个不止一笔,都是这么干的,张龙案不是一样吗?
This was not an isolated case; they all did this. Isn't Zhang Long's case the same?
为了多获得一点补贴,十几万、二十几万,这就跟张龙送 30 万、 50 万,这合乎常理吗?
To get a bit more subsidy, ten to twenty thousand, like Zhang Long giving 300,000 or 500,000, does this make sense?
但是这么一种案子在这个在常州新北区得不到纠正,在常州中院也得不到纠正。
But such cases cannot be corrected in Xinbei District, Changzhou, nor in the Changzhou Intermediate People's Court.
我讲这些例子就是说,什么叫肉形?什么叫变相肉形?
I cite these examples to explain what constitutes physical punishment and disguised physical punishment.
中国现在是中国历史上最好的时期,全面消灭了贫困,全面依法治国。
China is now in the best period in its history, having eradicated poverty and comprehensively ruled the country by law.
是最伟大的人民领袖习近平开创的一个最伟大的新时代。
This is the greatest new era created by the greatest people's leader, Xi Jinping.
在最伟大的新时代,你对司法的要求难道还要停留在魏忠贤时期和武周时期吗?
In this greatest new era, should our judicial requirements still be stuck in the periods of Wei Zhongxian and Wu Zetian?
必须把人这个用水火棍给打到身体上,打死了他才叫肉刑吗?
Must we use water and fire sticks to physically beat people to death for it to be called physical punishment?
现在中国要感谢邓小平改革开放,经过几十年的改革开放,大家生活水平高了,我们的心也就软了。
Now China should thank Deng Xiaoping for the reform and opening-up. After decades of reform and opening-up, everyone's living standards have improved, and our hearts have softened.
我们都很在意自己的家里人,很在意自己的子女,我们希望他们过上好的生活,我们希望他们不受到政治的影响。
We all care about our families and children, hoping they live good lives, unaffected by politics.
那好,你拿着人家家里人逼迫,你说谁受得了?你们能受得了吗?
So, when you use their families to coerce them, who can bear it? Can you bear it?
所以我就是说对张龙的这种,拿着家里人留置相威胁,完全构成了肉形和变相肉形,这个事情必须得到纠正。
Therefore, I say that using family detention threats against Zhang Long constitutes physical punishment and disguised physical punishment, which must be corrected.
再一个就是什么呢?就是说什么要查清真相,那不很简单吗?就是去调取同步录音录像。
Another point is that if you want to find out the truth, isn’t it very simple?
Just retrieve the synchronized audio and video recordings.
是谁规定的纪委的同步录音录像就不能调取?在咱们常州杨猛案中调取了一部分通讯录像,斯伟江律师调取了一部分,就已经发现触目惊心的这种指供诱供,吓的纪委都不敢再 提供了。
Who made the rule that the Discipline Inspection Commission’s synchronized audio and video recordings cannot be retrieved? In Yang Meng’s case in Changzhou, some communication recordings were retrieved. Lawyer Si Weijiang retrieved some and found shocking evidence of guided confessions, scaring the Discipline Inspection Commission from providing more.
现在这个杨猛案也是,这个案子中纪委的曹国军就给他说,就指着摄像头,说我们的录像是我们内部的工作录像,法院是看不到的,你不要认为法院能够看得到,我们根本就不在乎。
In Yang Meng’s case now, Cao Guojun from the Discipline Inspection Commission pointed at the camera and said, “Our recordings are our internal work recordings. The court cannot see them. Don’t think the court can see them. We don’t care.”
正是因为法院不敢坚持向常州纪委调录像,导致这些监察人员、纪委人员这些年为所欲为。
It is because the courts do not dare to insist on retrieving recordings from the Changzhou Discipline Inspection Commission that these inspectors and commission personnel have been acting recklessly over the years.
不仅仅是常州,这个江苏纪委二室的主任张斌、副主任相华生、处长何延鹏办这个江苏中烟案,丧心病狂到了什么程度?
It’s not just in Changzhou. Zhang Bin, director of the second office of the Jiangsu Discipline Inspection Commission, deputy director Xiang Huasheng, and division head He Yanpeng handled the Jiangsu Zhongyan case to what extent of madness?
直接的就要求民营老板往这个胡X涛身上引,说胡锦东,胡X涛的哥哥收了几百万去利用胡X涛的权力。
They directly required private entrepreneurs to implicate Hu X, saying Hu Jindong, Hu X's brother, took millions to use Hu X's power.
就直接的说江苏中烟的老板,给李X强的弟弟李克明,国家烟草专办局的副局长行贿 500 万欧元,让他带着这个老板去见李X强,构陷前任领导的一个家属。
They directly said that the boss of Jiangsu Zhongyan bribed Li Xiqiang’s brother, Li Keming, deputy director of the National Tobacco Monopoly Bureau, with 5 million euros to arrange a meeting with Li Xiqiang, framing a family member of a former leader.
并且直接说习XX就是第二个李登辉。李登辉让国民党失去政权,习XX会让共产党失去。
They even said directly that Xi XX is the second Lee Teng-hui. Lee Teng-hui caused the Kuomintang to lose power, and Xi XX will cause the Communist Party to lose power.
我把这个都已经举报给江苏纪委,江苏纪委不查,我举报给了信长星书记以后,信长星书记开完三中全会的第二天,就让下边通知我,说你的举报已经收到了,我们会交给专门的机关处理。
I reported all this to the Jiangsu Discipline Inspection Commission, which did not investigate. After reporting to Secretary Xin Changxing, he notified me the day after the Third Plenary Session that my report had been received and would be handed over to a specialized agency for processing.
所以我认为常州模式已经到头了,江苏纪委的这个办案模式已经到头了,他们到了被清算的时候。
Therefore, I believe the Changzhou model has reached its end, and the case-handling model of the Jiangsu Discipline Inspection Commission has also reached its end. It’s time for them to be held accountable.
他们被清算以后,除了他们本身因为他们的罪恶办假案要受到追究,以后他还要波及多少人?那些没有敢主持正义的检察官和法官会不会被波及,你们自己也考虑一下。
After they are held accountable, how many more people will be affected besides those directly responsible for these false cases? Will the prosecutors and judges who did not dare to uphold justice be implicated? You should consider this yourself.
所以我就认为王宏审判长,我认为法院你们即便没有勇气,在纪委专横的时期,在中国史上最黑暗的时期主持正义,你们至少要有点自保的智慧。
So I think, Judge Wang Hong, even if the court lacks the courage to uphold justice during the overbearing period of the Discipline Inspection Commission, the darkest period in Chinese history, you should at least have some wisdom for self-preservation.
我在江苏,我在四川内江办这个内江开发区工委书记赵永韦的案子的时候,他那个专委也是法院中院的第三把手刘应江,既不调取同步录音录像,同样也不排除非法证据。
When I was handling the case of Zhao Yongwei, secretary of the Neijiang Development Zone Party Working Committee in Sichuan, Jiangsu, the special committee head, Liu Yingjiang, who was also the third in command of the Intermediate Court, neither retrieved synchronized audio and video recordings nor excluded illegal evidence.
我在法庭上直接举报说:你向你们的前任院长行贿5万元,一个真行贿犯审假受贿犯合适吗?
I directly reported in court, saying, “You bribed your former president with 50,000 yuan. Is it appropriate for a real briber to judge a fake bribery offender?”
最终没有办法,人大也说我们启动了程序要处理他,政法委也跟我们说我们启动了程序要处理他,他这个官也当不成了。
In the end, there was no choice. The National People's Congress said they would initiate procedures to handle him, and the Political and Legal Affairs Commission said the same. He could no longer hold his position.
内江中院的院长一把手,亲自把以前已经审完了的程序全部推翻自己重来。
The president of the Neijiang Intermediate Court personally overturned all the previously completed procedures and started over.
人家院长采取的措施就非常有智慧。他就把这个案子当成四类案件来办理,不断地向四川高院汇报,四川高院不给他明确的意见,他就不停地通过检察院向内江监委发函。
The president took very wise measures. He treated the case as a fourth-category case, constantly reporting to the Sichuan High Court. When the High Court did not give clear instructions, he kept sending letters through the Procuratorate to the Neijiang Supervision Commission.
说人家赵永韦讲得非常具体,被留置了 20 天,就对着摄像头在自己胸前画圆圈,就意思就是冤,每一个细节,哪一个办案人员怎么逼宫的怎么的都很清楚。
He reported that Zhao Yongwei was very specific, held for 20 days, drawing circles on his chest in front of the camera to indicate his grievances. Every detail, including which investigator coerced him and how, was very clear.
你必须调取录音录像。从去年 12 月一直到现在,你不调取录音录像,我就不给你开庭。
“You must retrieve the audio and video recordings. From last December until now, if you do not retrieve them, I will not hold a trial.”
所以人家这个院长他有这个智慧,尽管我们也掌握了他的一些个人的问题。
So this president had the wisdom, although we also knew some personal issues about him.
我们是觉得他既然主持正义,我们也就不说,所以我就劝王宏审判长,我们两位法官,你们也要有点自保的智慧,让领导定呗,是不是?
We felt that since he upheld justice, we would not bring up his issues. So I advise Judge Wang Hong and the two judges, you should also have some self-preservation wisdom and let the leaders decide, right?
那你给张龙判了以后,你们就真的不担心自己被追究吗?
After you sentence Zhang Long, are you really not worried about being held accountable yourselves?
我就说这么多,我希望大家都好,我希望中国法治好,我希望常州好,我希望张龙好。
That’s all I have to say. I hope everyone is well, I hope the rule of law in China is well, I hope Changzhou is well, and I hope Zhang Long is well.
我希望我们公诉人,我看着也是一个很正直的人,你们也年轻,我希望大家都好。好吧,我讲完了。
I hope our prosecutor, whom I see as a very upright person, and you are also young. I hope everyone is well. Okay, I’m done.