张庆方：北大往事，想起了王登峰老师 Memories of Peking University

今天是年后上班第一天，为了鹰潭吴敏案辩护权正和江西纪委、鹰潭公检法短兵相接的我，不由得想起去年，同样是年后第一天，为了北大老师，后来任教育部体卫艺司司长，中国足协副主席的王登峰老师涉嫌贪污、受贿一案的辩护权，和山东省纪委，德州检察院刺刀见红的旧事。

Today marks the first day back at work after the New Year, engaged in a fierce legal battle for the defense rights in the Yingtan Wu Min case against the Jiangxi Discipline Inspection Commission and the Yingtan public security, prosecution and judiciary. This situation inevitably brings to mind last year, also the first day back at work, when I was defending the rights of Wang Dengfeng, a former Peking University professor who later became the director of the Department of Physical, Health, and Arts Education at the Ministry of Education and the vice president of the Chinese Football Association, accused of corruption and bribery, in a contentious encounter with the Shandong Discipline Inspection Commission and the Dezhou Prosecutor's Office.

1998年4月的一天，当时正在北大法律系就读硕士最后一学期的我，作为46楼楼委会主任，参加了北大学工部组织的北京大学学生宿舍卫生评比工作总结会。这种会，在北大只是例行公事，没人在意。与会的林钧敬副校长，还是讲他著名的三件套：今天，我只讲三点，第一点，又包括三小点……接下来，就是几个女生楼的代表上台，讲的都是些“我们楼卫生工作取得现在这样的成绩，都是在楼长的带领，在院系领导的支持，在全楼同学的共同努力下取得的，但是，我们与兄弟姐妹楼相比，还存在很大的差距，以后的工作中，我们还要继续努力，百尺竿头，更进一步”之类的套话。

On a day in April 1998, during my final semester as a Master's student in the Law Department at Peking University, and serving as the head of the committee for Building 46, I attended a meeting organized by the Peking University Office of Student Affairs to summarize the student dormitory sanitation assessment work. Such meetings were routine at Peking University and generally disregarded. Vice-President Lin Junjing, who was present, delivered his famous three-part speech: "Today, I will only talk about three points, each of which includes three sub-points..." This was followed by representatives from several girls' dormitories taking the stage to deliver the standard speeches about how "the achievements in our dormitory's sanitation efforts were made possible through the leadership of our dormitory head, the support of faculty leadership, and the collective effort of all students in the building. However, compared to our brother and sister dormitories, there is still a significant gap, and in our future work, we must continue to strive for further improvement."

当时北大的宿舍管理，是学校和总后长期合作，我们的楼长，都是部队系统退休的大校，他们不但素质高，做事有板有眼，管理工作也非常严格。我所在的46楼楼长，事先也一再叮咛：一定要讲我们的成绩，与兄弟楼相比还有很大差距，以后还要继续学习，争取更大的进步。我嘴上答应，心里暗笑：这么当复读机，就不是我了。

At that time, the management of dormitories at Peking University was a long-term collaboration between the school and the military headquarters, with our dormitory heads being retired senior officers from the military system. Not only were they of high caliber and methodical in their approach, but their management was also very strict. The head of Building 46, where I resided, repeatedly emphasized beforehand that we must talk about our achievements and the significant gap compared to other dormitories, and that we must continue to learn and strive for greater progress. I verbally agreed, but inwardly I scoffed at the idea of being such a parrot.

等到我上台发言时，我先是回忆了自己的本科院校，烟台大学的宿舍管理，当时，我们像驴子一样被驯了四年，严格按军事化管理，每天，被子都要像部队一样叠成豆腐块，毛巾要放在脸盆里，六个人的脸盆，要在床下，直线排列。以至于，当时在最高法院挂职后一时无法留京，暂时在烟台大学过渡的杨立新老师感慨说：找媳妇，真得在烟大找，这多会收拾。

When it was my turn to speak, I first reminisced about the dormitory management at my undergraduate institution, Yantai University, where we were trained like mules for four years under strict military-style management. Every day, the blankets had to be folded into tofu block shapes, and towels had to be placed inside washbasins, which for six people were lined up under the beds in a straight line. This led to a comment from Professor Yang Lixin, who was temporarily staying at Yantai University after a position at the Supreme Court and unable to remain in Beijing, saying: "If you're looking for a wife, you should really find one from Yantai University; they are so well-organized."

接下来，我话锋一转：我们北大的宿舍管理，在我看来，真是非常人道的制度。首先，我不是无政府主义者，不认为什么事都不需要管理。咱们北大一些人，太自由化，心中太没有他人的存在了。我们一个师兄，就能做到一冬天不洗一次澡，一星期不洗一次脚，他同宿舍的一个同学嫌臭，三九天要整天开着窗户，这位长期不洗澡的同学嫌冷，就和坚持要开窗户的同学之间产生不可调和的矛盾，两个人打起来，相互攻对方下三路。这都是没有制度的结果！只要有合理的卫生检查和管理制度，就不至于把矛盾停留在个人之间。

Then, I shifted the tone: In my view, the dormitory management at Peking University was a very humane system. First and foremost, I am not an anarchist; I do not believe that nothing should be managed. Some people at Peking University are too liberal, with little regard for others in their hearts. We had a senior who managed to go an entire winter without bathing and a week without washing his feet. His roommate, unable to stand the smell, would keep the window open all day during the coldest days, leading to irreconcilable conflicts between him and the roommate who refused to bathe, as the latter found it too cold. This resulted in physical altercations, attacking each other indiscriminately. This is the result of a lack of system! With a reasonable hygiene inspection and management system in place, such conflicts would not be left to escalate between individuals.

我在台上侃侃而谈过程中，与会的法学院副书记叶静漪老师，不时地发出会心的微笑，显然，她认为我为法学院长了脸。

As I spoke eloquently on stage, Ye Jingyi, the associate secretary of the Law School present at the meeting, occasionally let out knowing smiles, clearly considering my speech as having brought honor to the Law School.

接下来，就是当时的北大学工部长王登峰老师讲话，他完全是从我的北大的宿舍管理是最人道的管理制度开始，结合他的专业心理学，讲了北大宿舍卫生检查工作的初衷，以后要如何改进。不到二十分钟的讲话中，登峰老师五六次表达了对我的赞赏。

Subsequently, Wang Dengfeng, the then head of Peking University's Office of Student Affairs, spoke. Starting from my declaration that Peking University's dormitory management was the most humane system, he integrated his professional psychology to discuss the original intent of the dormitory hygiene inspection work and how it could be improved in the future. In his speech, which lasted less than twenty minutes, Professor Wang expressed his appreciation for me five or six times.

那次总结会，对我的影响是，从此，北大宿管科长老段就对我相当的好，我当年硕士毕业后继续在北大读博，中间的暑假，老段就允许我直接住进了博士宿舍39楼，39楼楼长立即就邀请我做39楼楼委会主任。博士阶段一开学，叶静漪老师就让我必须做法学院98级博士班班长，并且说：我们支持你去竞选北大研会主席，法学院是北大第一大院系，我们力推的，最容易成功。我说：叶老师，我现在只想去未名湖洗耳朵。

The impact of that summary meeting on me was profound; thereafter, the head of Peking University's dormitory management, Old Duan, treated me exceptionally well. After graduating with my Master's degree that year and continuing on to pursue my PhD at Peking University, Old Duan allowed me to move directly into the doctoral dormitory on the 39th floor during the summer break. The head of the 39th floor immediately invited me to become the director of its committee. At the start of my doctoral program, Ye Jingyi insisted that I must become the class president for the 1998 doctoral class of the Law School, saying, "We support your candidacy for president of the Peking University Graduate Student Union. As the Law School is the largest department at Peking University, our support should make your success more likely." I responded, "Professor Ye, right now, I just want to go wash my ears at the Not-Yet-Named Lake."

读博的三年，以及博士毕业之后，我就几乎没再和王登峰老师打过交道，但是，同为北大人，尤其是同为北大的山东人，我们之间还是有很大的交集，以后，登峰老师在北大副书记位置上去江西挂职，北大多少人对他为了当官放弃自己最擅长的心理学学术研究惋惜！他在江西的仕途，也不是特别顺利，以致于回到北大后，竟有一年多没有任何安排，这些事，我当时都了解。

Throughout my three years of doctoral studies and after my graduation, I scarcely interacted with Professor Wang Dengfeng. However, as fellow Peking University alumni and particularly as Shandong natives of Peking University, we shared a significant connection. Later, when Professor Wang served as a vice secretary at Peking University and took a position in Jiangxi, many at Peking University lamented his decision to forsake his expertise in psychology for an administrative role. His career in Jiangxi was not particularly smooth, leading to a period of more than a year without any assignment upon his return to Peking University, all of which I was aware of.

2023年春节前，和王登峰老师最熟悉的几个北大校友联系我：登峰受足球反腐牵连，已经由山东纪委马上要移交到德州检察院了，他老家人都在临沂农村，我们要尽到责任，庆方你能不能代理？我说：从各方面讲，我都责无旁贷。随后，我立即与王登峰老师的大哥王登山、侄子王洪斌联系，取得了家属的委托手续。

Before the Spring Festival of 2023, several Peking University alumni who were close to Teacher Wang Dengfeng contacted me: Dengfeng was implicated in the football corruption crackdown and was about to be transferred to the Dezhou Prosecutor's Office by the Shandong Discipline Inspection Commission. His family, residing in the rural areas of Linyi, needed support. They asked if I could represent him. I replied, "From all perspectives, it's my undeniable responsibility." Subsequently, I immediately got in touch with Professor Wang's elder brother, Wang Dengshan, and his nephew, Wang Hongbin, to obtain the family's authorization for representation.

2023年春节后上班第一天，我就通过德州市看守所的预约会见系统，约好了2月2日下午，会见王登峰老师。但是，1月31日下午，突然接到德州看守所的电话通知：你后天的预约会见被取消，取消原因不明。

On the first day back at work after the Spring Festival of 2023, I made an appointment through the Dezhou Detention Center's visitation booking system to meet with Teacher Wang Dengfeng on the afternoon of February 2nd. However, on the afternoon of January 31st, I suddenly received a call from the Dezhou Detention Center informing me that my appointment for the day after tomorrow was canceled, with no reason provided.

我马上联系王登峰案的办案机关，德州市检察院承办检察官王莉莉，才知道，她们一上班就去讯问王登峰，登峰老师强烈要求：坚决让组织上安排法律援助律师，就不麻烦家属请律师了。

I immediately contacted the Dezhou Municipal Procuratorate, specifically Prosecutor Wang Lili who was handling Wang Dengfeng's case, and learned that upon returning to work, they had interrogated Wang Dengfeng. Professor Wang had strongly requested that the organization arrange for a legal aid lawyer so that his family would not be troubled to hire one.

我对王莉莉说：扯皮的事不说了，家属有权委托辩护人，是刑诉法规定的，我都已经预约会见成功了，法援律师就能剥夺我会见王登峰，当面询问他真实想法的权利？你还是请示一下领导，这事怎么办。

I said to Wang Lili: Let's not quibble over this. The family has the right to appoint a defense attorney, as stipulated by the criminal procedure law. I had already successfully booked the visit, so can a legal aid lawyer deprive me of my right to meet with Wang Dengfeng and inquire about his true intentions in person? I suggest you consult with your superiors on how to handle this matter.

两个小时后，承办人给我来电话：领导们认为，检察院在问清当事人的意见后，按他的意志通知法律援助中心安排法援律师，是完全合规的。同时，你作为家属委托的律师，如果能找出这种情况下你仍然可以代理的依据，我们就按依据办。

Two hours later, the case handler called me: The leaders believe that after clarifying the wishes of the involved party, the procuratorate notifying the legal aid center to arrange a legal aid lawyer in accordance with his will is completely compliant with regulations. At the same time, as a lawyer appointed by the family, if you can find a basis that allows you to still represent him under these circumstances, we will proceed according to that basis.

我说：大道理不必讲，人在你们手里半年，他真实的想法是什么，家属当然想委托律师去了解清楚，你们越是阻挠家属的律师会见，家属不是越怀疑这个案子办得有问题？

I responded: There's no need for grand principles. The man has been in your custody for six months. What his true thoughts are, the family naturally wants to appoint a lawyer to clearly understand. The more you obstruct a lawyer appointed by the family from meeting him, doesn't it make the family more suspicious that there's something amiss with how the case is being handled?

最后，承办人又说她再去请示领导。我也发出了最后通牒：今天不解决，我就公开投诉！

Finally, the case handler said she would consult with the leaders again. I also issued an ultimatum: If this is not resolved today, I will make a public complaint!

2023年2月2日，我又和王登峰老师的侄子王洪斌一道，去德州市检察院交涉。

On February 2nd, 2023, I went to the Dezhou Municipal Procuratorate again, this time with Wang Dengfeng's nephew, Wang Hongbin, to negotiate.

最后，德州市检察院不得不同意，让家属和王登峰视频通话，听取他本人对是否让家属委托律师的意见。

Ultimately, the Dezhou Municipal Procuratorate had no choice but to agree to allow the family to have a video call with Wang Dengfeng, to hear his own views on whether the family should appoint a lawyer on his behalf.

王洪斌出来后，失望地对我说：什么话都给我叔讲透了，他对你，对董总、韦哥表示感谢，但是，他就不需要家属请律师了，详细的理由，以后如果有机会，见面再细说。

After the call, Wang Hongbin came out and told me disappointedly: "I've explained everything to my uncle. He expressed his gratitude towards you, Dong, and Wei. However, he insists that he does not need a lawyer appointed by the family. He said he would explain his reasons in detail if there is an opportunity to meet in person in the future."

一年前，刚刚经历了三年疫情，本人的思维，还基本处于冬眠状态，加上登峰老师圈子里最铁的几个人，一致认定以登峰的智慧，一定是和山东纪委谈好了条件，妥协的结果，一定比在法庭上力争好。当时的我，也就没多想，还劝家属：放下吧，如果山东纪委和德州检法两家不兑现承诺，登峰老师肯定不答应，到时候，我们还有机会争取。

A year ago, just coming out of three years of the pandemic, my mind was still essentially in hibernation. Plus, the closest people in Professor Wang's circle unanimously believed that, given Wang's wisdom, he must have negotiated acceptable terms with the Shandong Discipline Inspection Commission, and that a compromise would be better than fighting it out in court. At that time, I didn't think much of it and even advised the family to let it go, reasoning that if the Shandong Discipline Inspection Commission and the Dezhou judicial authorities did not fulfill their promises, Professor Wang would certainly not accept it, and we would still have a chance to fight.

以现在眼光看待一年前的选择，我当时是留下了遗憾的：凭什么相信山东纪委没有忽悠登峰老师？凭什么相信登峰老师在与外界隔绝半年后还有能力做正确的判断？为什么不和家属一起，破釜沉舟把辩护权争到手？山东纪委处心积虑要给登峰老师安排法援律师，这背后，究竟隐藏着什么见不得人的秘密？

Looking back at the choices made a year ago with today's perspective, I am left with regrets: Why did we trust that the Shandong Discipline Inspection Commission wasn't deceiving Professor Wang? How could we believe that Professor Wang, after being isolated from the outside world for six months, still had the capacity to make the right judgment? Why didn't we join forces with the family to fight to the bitter end for the right to defense? The Shandong Discipline Inspection Commission's deliberate intention to arrange a legal aid lawyer for Professor Wang begs the question: What unspeakable secrets were they hiding?

正因为有了一年前在王登峰老师案中的遗憾，鹰潭案，我下定了决心，不惜一切代价，也要把吴敏案的辩护权争下来。全面依法治国的实践已经发展到今天的地步，作为一个仍心有不甘的法律人，我辈除了舍生取义，还有其他选择吗？中国刑辩律师除了誓死抗争，还有其他出路吗？

It was precisely because of the regrets from Professor Wang Dengfeng's case a year ago that, in the Yingtan case, I resolved to secure the defense rights for Wu Min at any cost. Given the state of rule of law as it stands today, as a legal professional still harboring dissatisfaction, do we have any choice other than to sacrifice everything for justice? Do Chinese criminal defense lawyers have any path other than to fight to the death?

上班第一天，忆往昔，叹今吾，以文明志。

On the first day back at work, I reminisce about the past and sigh at the present, with a commitment to uphold the spirit of civilization.

张庆方 2024年2月18日

Zhang Qingfang, February 18, 2024