张庆方律师致江西高院傅信平院长——检验你智慧的时候到了 Lawyer Zhang Qingfang to President Fu Xinping of the Jiangxi Higher People's Court — The Time to Test Your Wisdom Has Come

江西高院傅信平院长：

President Fu Xinping of the Jiangxi Higher People's Court:

本人是北京市汉鼎联合律师事务所张庆方律师，为了你负有监督职责的鹰潭中院刚刚于2024年4月11日非法开庭审理的前吉安人大主任吴敏涉嫌受贿案，本人在此善意地提醒你务必妥善处理，以免给自己招来大麻烦。

I am Zhang Qingfang, a lawyer from Beijing's Handing United Law Firm. I wish to kindly remind you of your supervisory duties regarding the illegal court session held by the Yingtan Intermediate Court on April 11, 2024, involving the former Ji'an People's Congress director Wu Min, suspected of bribery. Please handle this appropriately to avoid significant trouble for yourself.

第一、我要请傅院长三思：刘赛连作为一个即将因学历造假被撤销硕士文凭的法官，其于被举报调查期间主持的庭审，是否有效？

Firstly, I urge you, President Fu, to think thrice: Is the trial presided over by Judge Liu Sailian, who is about to have her master’s degree revoked due to academic fraud, during the period of investigation after being reported, valid?

主持吴敏案庭审的鹰潭中院副院长刘赛连，于2006年在南京大学的法律硕士论文《公诉案件庭前审查程序研究》，经使用中国知网的查重功能等工具进行查重，抄袭率超63%，刘赛连论文第2部分8412字，抄袭部分7289字，抄袭字数占比高达86.7%；论文第3部分总字数7556字，抄袭部分7259字，抄袭率高达94.7%。经我们举报到南京大学研究生院学位办，南京大学经过一个多月的调查，已经于2024年3月11日正式启动立案调查，调查期限三个月，最晚6月11号前公布查处结果。南京大学并已通知刘赛连本人其硕士论文被举报，学校已经正式立案的事实。

Vice President Liu Sailian of the Yingtan Intermediate Court, who presided over Wu Min's case, plagiarized over 63% of her 2006 master’s thesis in law at Nanjing University titled "Study on the Pre-trial Examination Procedure of Public Prosecution Cases." Using tools such as CNKI for checking, the plagiarism rate in Part 2 of her thesis was 86.7%, with 7289 out of 8412 words plagiarized; in Part 3, 7259 out of 7556 words were plagiarized, making the rate 94.7%. After our report, Nanjing University initiated a formal investigation on March 11, 2024, with findings to be announced by June 11. Liu has been informed by the university about the official filing of her case.

对刘赛连的剽窃行为，国内网友一针见血：一个法学学生，在学校敢抄论文，当法官，就敢造假案。

Regarding Liu Sailian's plagiarism, netizens in China have pointedly commented: A law student who dares to plagiarize in school will dare to fabricate cases as a judge.

傅院长，对于硕士论文敢抄63%，将面临什么后果，不需要我多解释了吧？

President Fu, it should be clear what consequences someone faces for plagiarism of 63% in their master's thesis; I need not elaborate further, right?

对于一个剽客法官主持的吴敏案枉法审理，能不能经得起国人的质疑，你是不是该好好掂量掂量？

Can a case as misjudged as Wu Min's, presided over by a plagiarist judge, withstand the scrutiny of the public? You should really weigh this carefully.

第二、我要请傅院长三思：以田甘霖为首的一群剽客掌控下的鹰潭中院，还有没有半点合法性？

Secondly, I implore President Fu to think again: Does the Yingtan Intermediate Court, under the control of a group led by the plagiarist Tian Ganlin, possess any legality at all?

因为代理鹰潭吴敏案但被鹰潭中院无理拒绝，本律师一气之下，刨了鹰潭中院班子成员的老底。众多的贪腐线索正在落实中，在此不表。单说证据确凿的学历造假，鹰潭中院就可能创造了全国之最！

Frustrated by the Yingtan Intermediate Court's irrational refusal to let me represent Wu Min, I investigated the backgrounds of its members. Numerous corruption clues are being verified; details on that are for another time. Just to mention the confirmed academic fraud, Yingtan Intermediate Court might just set a national record!

鹰潭市中院院长田甘霖，2001年至2004年就读于华东政法并取得法律硕士学位，其硕士论文《民事公益诉讼当事人问题研究》，经使用中国知网的查重功能等工具进行查重，抄袭率超38.6%。田甘霖论文第2部分8456字，抄袭部分3289字，抄袭字数占比高达38.9%；论文第3部分总字数8507字，抄袭部分5042字，抄袭率高达59.3%，论文第4部分总字数8489字，抄袭部分4625字，抄袭率高达54.5%。如此高的抄袭重复率，足以确认田甘霖是通过剽窃方式取得学位。

Tian Ganlin, President of the Yingtan City Intermediate Court, studied at East China University of Political Science and Law from 2001 to 2004, earning a Master's degree in Law. His thesis, "Study on the Parties in Civil Public Interest Litigation," was found using CNKI’s plagiarism detection tools to have a plagiarism rate exceeding 38.6%. Specifically, 3289 of 8456 words in part 2 were plagiarized (38.9%); 5042 of 8507 words in part 3 (59.3%); and 4625 of 8489 words in part 4 (54.5%). Such high plagiarism rates clearly indicate that Tian Ganlin's degree was obtained through plagiarism.

2024年4月8日下午，吴敏亲属去华东政法大学，举报田甘霖院长论文抄袭，华政学位办的几个法盲百般搪塞，硬是不接受举报。当天，我们公开曝光：《看法盲的华东政法学位办如何保护剽客校友田甘霖》。国内网友纷纷表示：学位办几个人的法律水平，就是华东政法学术水平的真实写照！第二天，吴敏家属再去华东政法，接待的人态度来了个一百八十度大转弯，表示我们欢迎举报，会公正处理。

On the afternoon of April 8, 2024, Wu Min's family went to East China University of Political Science and Law to report President Tian Ganlin for plagiarism. The university's degree office, staffed by legally ignorant individuals, stubbornly refused to accept the complaint. That day, we publicly exposed "How East China's Degree Office Protects Plagiarist Alumni Tian Ganlin." Netizens commented that the legal competence of a few in the degree office truly reflects the academic standards of East China University of Political Science and Law! The next day, Wu Min's family returned, and the reception did a complete 180, saying they welcomed complaints and would handle them fairly.

鹰潭中院副院长徐文辉的硕士论文《论刑事审判证明标准的完善》，知网查重结果抄袭率39.1%。

The master's thesis of Xu Wenhui, Vice President of the Yingtan Intermediate Court, titled "On Improving the Standards of Proof in Criminal Trials," was found to have a plagiarism rate of 39.1% by CNKI.

2024年4月8日下午，吴敏亲属去华中师范大学，举报鹰潭中院徐文辉副院长论文抄袭，华中师大已经受理，并表示会公正处理。

On the afternoon of April 8, 2024, Wu Min's relatives went to Central China Normal University to report Vice President Xu Wenhui of the Yingtan Intermediate Court for plagiarism. The university has accepted the report and stated it would handle it fairly.

再加上最牛逼的刘赛连副院长创纪录的63%的抄袭率，说鹰潭中院审委会是山寨审委会，毫不夸张吧？

Adding to this, the record-breaking 63% plagiarism rate of Vice President Liu Sailian makes calling the Yingtan Intermediate Court's judicial committee a knockoff anything but an exaggeration, right?

只要我们盯住不放，今年上半年，鹰潭中院一个正院长，两个副院长，就将因严重的学历造假被取消学位和学历。而这，将对他们的职务产生什么影响，对他们主持枉法审判的吴敏案产生什么影响？

As long as we keep our focus, by the middle of this year, one chief and two vice-presidents of the Yingtan Intermediate Court will have their degrees and qualifications revoked due to severe academic fraud. What impact will this have on their positions and their overseeing of Wu Min's unlawfully judged case?

第三、作为吴敏受贿案唯一行贿人的亲弟弟吴忠的态度，将会对本案审理的合法性产生什么影响？

Thirdly, what impact will the stance of Wu Zhong, Wu Min's younger brother and the only briber in the bribery case, have on the legality of this case's adjudication?

傅信平院长，你本人虽然贵为大法官，平时疏于审判实务，但是，你不会不清楚，现在法院审理纪委移交的受贿案件，没有不是走过场的。在纪委强势的现实下，明明是冤案，律师强烈要求行贿人出庭对质，你们法院总是以“行贿人和受贿人的笔录都非常稳定，没有必要出庭”，或者”我们已经通知行贿人，行贿人不同意出庭“为由无耻地拒绝，从而避免得罪纪委。

President Fu Xinping, although you hold the high office of a chief judge and are usually detached from trial practices, you are surely aware that no court case transferred by the Discipline Inspection Committee for bribery is anything but a formality. Under the strong influence of the Discipline Inspection Committee, clear cases of injustice are dismissed, and despite lawyers' strong demands for the briber to confront in court, your courts always shamelessly refuse under the pretext that "the statements of both the briber and the bribed are very stable, there's no need for a court appearance," or "we have informed the briber, who does not agree to appear," thus avoiding offending the Discipline Inspection Committee.

但是，吴敏案则不同，他被江西纪委捏造的全部1190万受贿，唯一行贿人就是吴忠。江西纪委也知道这一亲弟弟向亲哥哥行贿案，是不能见光的，他们设计好了一整套黑箱操作，在完全不见光的情况下黑掉吴敏吴忠兄弟的方案：将两兄弟分案，哥哥吴敏的案子先在鹰潭中院审理，作为行贿人的弟弟吴忠，则在纪委安排下，先后找了介绍卖淫罪，行贿罪，虚开增值税慎用发票罪三个罪名，一年多来换了三个办案单位，至今仍然在侦查阶段。而且，纪委明确授意这些名义上的办案单位：不许吴忠的律师会见！

However, Wu Min's case is different. He was accused by the Jiangxi Discipline Inspection Committee of taking bribes totaling 11.9 million, all fabricated, with his only briber being his younger brother Wu Zhong. The Discipline Inspection Committee also knows that a case of a younger brother bribing his elder cannot withstand public scrutiny. They designed a whole set of covert operations to systematically destroy the Wu brothers without any transparency: splitting the cases between the two brothers, with elder brother Wu Min's case being handled first by the Yingtan Intermediate Court, and the younger brother Wu Zhong, the briber, being shuffled around by the Discipline Inspection Committee among three different agencies over the past year, charged with procuring prostitution, bribery, and misuse of VAT invoices, and is still under investigation. Moreover, the Discipline Inspection Committee has explicitly instructed these nominally handling agencies not to allow Wu Zhong's lawyer to meet him!

但是，江西纪委做小人没敢做到底，在吴忠的辩护人许俊平律师去年年底公开声明“江西纪委，法律不是你们这么玩的，我就是死，也要和你们干到底“后，江西纪委不得不同意了许律师会见吴忠，随后，何智娟律师也加入进来，会见了吴忠。

Yet, the Jiangxi Discipline Inspection Committee did not dare go all the way with their villainy. After Wu Zhong's defense attorney Xu Junping made a public statement at the end of last year declaring, "Jiangxi Discipline Inspection Committee, the law is not a game you can play as you wish. Even if it kills me, I will fight you to the end," the Committee had to relent and allow Attorney Xu to meet Wu Zhong, followed by Attorney He Zhijuan, who also met with him.

至此，本来天衣无缝的一套构陷计划，被撕开了一条口子，律师见到吴忠后，一年多来，江西纪委专案组每天十八个小时，残酷地逼供，把吴忠的屁股坐烂，吴忠被折磨成面瘫，并三次被送进急救监护室的事实曝光。

This tore a hole in what had been a seamless set-up. After the lawyers met with Wu Zhong, it came to light that for over a year, the Jiangxi Discipline Inspection Committee's special task force had brutally interrogated him for eighteen hours daily, torturing him to the point of paralysis, and he had been admitted to the emergency room three times.

吴忠本人写出血书：全部行贿事实都是江西纪委以不承认就抓你们一大家子逼迫的，全部是无中生有的！我要和我哥哥同案同庭，到法庭上说出真相！

Wu Zhong himself wrote in his own blood: All the facts of bribery were fabricated by the Jiangxi Discipline Inspection Committee under the threat of arresting his entire family if he did not confess. All were made up! He wants to be tried together with his brother, in the same court, to speak the truth.

但是，对吴忠通过两位律师多次提出的出庭申请，鹰潭中院置若罔闻。

However, the Yingtan Intermediate Court has turned a deaf ear to multiple requests made by two lawyers for Wu Zhong to appear in court.

傅信平院长，你本人虽然对刑事审判业务说不上精通，好歹，也是八十年代的政法大学正牌刑事诉讼法专业研究生，不会不明白审理受贿犯，拒绝行贿犯出庭的后果吧？

President Fu Xinping, although you are not an expert in criminal trial proceedings, you are, after all, a bona fide graduate of criminal procedure law from a political and legal university in the 1980s. Surely, you understand the consequences of adjudicating a bribery case and refusing the appearance of the briber?

第四、这也许是傅院长你认为最无足轻重的，在江西纪委授意下，鹰潭中院一直不允许吴敏家属请的律师，本人和贵州王春丽律师介入。

Fourthly, and perhaps what you, President Fu, consider of least importance: under the direction of the Jiangxi Discipline Inspection Committee, the Yingtan Intermediate Court has continuously denied Wu Min's family the right to hire their chosen lawyers, leading me and Lawyer Wang Chunli from Guizhou to intervene.

对于鹰潭中院以吴敏本人坚决不让家属请律师，坚决要求组织上委派法律援助律师，连中国的老百姓都不理解：法律援助，不是给经济困难请不起律师的人准备的吗？人家吴敏家明明有大别墅，你们为什么非要他住廉租房？谁给你们如此浪费国家财政资金的权力？你们又安的是什么心？

The Yingtan Intermediate Court insists that Wu Min himself has decided against allowing his family to hire a lawyer and demands that a state-appointed legal aid lawyer represent him, a decision even the ordinary citizens of China find baffling: Isn't legal aid meant for those who cannot afford a lawyer due to financial difficulties? The Wu family clearly owns a large villa, so why must he live in a low-rent house? Who gave you the authority to waste state funds like this? What exactly are your intentions?

傅信平院长，你内心可能觉得：吴敏家为这事闹，闹不出什么乱子，谁让你们吴敏自己不坚决！只要他本人被纪委吓住了，我们法院就没有责任。

President Fu Xinping, you might feel that the Wu family's complaints will not cause any real trouble, thinking it's their own fault for not being firm enough! As long as he himself is intimidated by the Discipline Inspection Committee, our court bears no responsibility.

但是，我请你猛砸自己脑瓜，再考虑一下：如果允许纪委办案，有恐吓当事人不得自己请律师，否则会加重处罚，并且在案件移交后还有继续操纵，不允许家属请的律师会见和介入的权力，哪一天傅院长你本人也被你们的组织选中了，你希望享受吴敏的待遇吗？不为吴敏，不为外人，仅仅为自己的私利考虑，趁现在还在位子上，傅院长你也应该与本律师一道，彻底打破纪委安插占坑律师的歪风邪气吧！

But, I implore you to knock some sense into yourself and reconsider: If you allow the Discipline Inspection Committee to handle cases, intimidate parties from hiring their own lawyers under threat of harsher punishment, and continue to manipulate cases after they've been transferred, denying family-hired lawyers the right to meet and intervene, what if one day you, President Fu, are chosen by your organization? Would you want to be treated like Wu Min? Not for Wu Min, not for outsiders, but for your own self-interest, while you still hold your position, you, President Fu, should join me in breaking this corrupt practice of the Discipline Inspection Committee installing puppet lawyers!

尊敬的傅信平院长，以上四点，均是本律师的肺腑之言。在一个复杂的历史时期，现在，考验你的勇气和智慧的时刻到来了！你如果是一个刚正不阿、执法如山、不畏权贵的当代包公，该怎么处理你司法辖区的吴敏案，就不需要我在此啰嗦了。

Respected President Fu Xinping, the above four points are spoken from the heart of this lawyer. In this complex historical period, the time to test your courage and wisdom has come! If you are a just and unyielding judge, unafraid of the powerful, like the legendary Judge Bao of ancient times, then you wouldn't need me to ramble on about how you should handle the Wu Min case in your jurisdiction.

你如果和其他大部分司法官僚无异，不敢也不愿得罪纪委，我也请你好好盘算一下，不幸遇上本律师，是你想糊弄就能糊弄过去的吗？鹰潭中院田甘霖、刘赛连，已经被证明没有在特殊时代自保的人生智慧，他们为了配合江西纪委构陷吴敏，惹得本律师不开心，现在，他们已经成了全国人民心中的可怜虫，等待他们的，将是马上被撤销学位，进而保不住官位的命运。傅院长你官比他们大，水平也应该比他们高不少，头脑比他俩灵不少，怎么处理吴敏案，能过本律师这一关，避免这把火烧到自己，就不需要我耳提面命了吧？

If you are no different from the majority of judicial bureaucrats, neither daring nor willing to offend the Discipline Inspection Committee, I urge you to consider well: encountering this lawyer is not something you can easily deceive your way out of. Tian Ganlin and Liu Sailian of the Yingtan Intermediate Court have proven to lack the wisdom to protect themselves in these troubled times. Their cooperation with the Jiangxi Discipline Inspection Committee to frame Wu Min has displeased this lawyer, and now they have become pitiful figures in the eyes of the national public, soon to lose their academic degrees and, subsequently, their official positions. President Fu, you hold a higher office and presumably possess greater intelligence and ability than them. How you handle the Wu Min case, to pass this lawyer's scrutiny and prevent this fire from reaching you, should not require any further admonition from me, right?

当然，当官时间长了，难免会降低智商，你如果自顾其身，觉得没有能力处理好如此左右为难的问题，本人好为人师，欢迎你随时打我的手机13910405610.

Of course, being in office for a long time can inevitably diminish one's intelligence. If you are only looking out for yourself, feeling incapable of managing such a tricky issue, I am always ready to advise. Feel free to call my mobile at 13910405610 anytime.

祝你好运。

I wish you good luck.

张庆方 北京市汉鼎联合律师事务所律师

Zhang Qingfang, Lawyer at Beijing Handing United Law Firm

2024年4月12日

April 12, 2024