张庆方律师关于被吊证处罚听证会的声明 Statement of Lawyer Zhang Qingfang Regarding the Hearing on the Revocation of His Lawyer's License
本人是北京市汉鼎联合律师事务所张庆方律师，因在代理前江西吉安市人大主任吴敏受贿案中，以公开抗争方式反对江西有关部门为吴敏安插法律援助律师，坚持面见吴敏核实其是否接受家属委托的律师，于2024年9月20日收到行政处罚事先告知书。以本人在代理吴敏案中采取公开悬赏、网络控告等方式干扰办案人员和其他律师依法履行职责，影响案件依法办理，煽动、教唆有关人员扰乱监管场所秩序，造成相关人员被公安机关依法处理为由，拟对本人做出吊销律师执业证书的处罚。今天下午，我收到北京市司法局听证通知，听证会将于2024年10月17号上午9:30分举行。
I am Zhang Qingfang, a lawyer at Beijing Handing United Law Firm. Due to my public protest in opposition to the relevant departments in Jiangxi assigning legal aid lawyers to Wu Min, the former Chairman of the People's Congress of Ji'an City, Jiangxi, and my insistence on meeting Wu Min to verify whether he accepted the family-appointed lawyer, I received a prior notice of administrative punishment on September 20, 2024. The proposed punishment is the revocation of my lawyer's license, citing that during my representation of Wu Min, I disrupted the handling of the case and interfered with the duties of legal professionals by offering a public reward and filing online complaints. It also claims that I incited individuals to disrupt the order at a detention facility, resulting in legal action being taken against those individuals. Today, I received a notice from the Beijing Municipal Bureau of Justice, informing me that the hearing will be held at 9:30 AM on October 17, 2024.
在此，我声明如下：
Here, I make the following statement:
一、2024年1月22日晚，我实名在网络上发布《就吴敏案告鹰潭律师书》，公开悬赏一百万元，征集江西有关部门为吴敏安排的两个法律援助律师许春林和洪迪琛的违法犯罪线索。在当时，我也很清楚一个公民公开征集另一个公民的违法犯罪线索，确属不当。悬赏后的第二天，许春林和洪迪琛表示愿意退出吴敏案，并到鹰潭司法局法律援助中心提交了退出申请，本人也立即公开撤销了悬赏声明。虽然此次悬赏的期限很短，未对两位法援律师产生实际损害，但确实因此给他们造成较大压力。对此，我深表歉意，并愿意承担相应责任。
1. On the evening of January 22, 2024, I publicly released a "Letter to Lawyers in Yingtan Regarding the Wu Min Case" online, offering a reward of one million yuan for evidence of illegal activities by the two legal aid lawyers, Xu Chunlin and Hong Dishen, assigned by the Jiangxi authorities to represent Wu Min. At that time, I was aware that it was inappropriate for a citizen to publicly solicit evidence of another citizen’s alleged illegal conduct. The day after the reward was posted, both Xu Chunlin and Hong Dishen expressed their willingness to withdraw from the case and submitted withdrawal applications to the Legal Aid Center of the Yingtan Bureau of Justice, and I immediately rescinded the reward statement. Although the duration of the reward offer was brief and caused no actual harm to the two legal aid lawyers, it undoubtedly placed significant pressure on them. For this, I sincerely apologize and am willing to take full responsibility.
二、在争取吴敏案辩护权的过程中，我确实给鹰潭中院院长田甘霖、刘赛连发过短信和在网络上发表公开信，通过网络给法援律师许春林、洪迪琛发表公开信。但是，我发送的这些短信和发布公开信的内容本身并不存在违法之处，发信的目的也只是规劝鹰潭中院要依法尊重吴敏家属委托律师的权利，不要屈从于其他部门的压力，在家属有能力有意愿为吴敏请律师的前提下，违规安排法律援助律师。而且，我的这些短信和公开信，客观上也没有阻止鹰潭中院在法援律师参与下，于2024年4月11日开庭审理，并于4月19日作出了一审判决。虽然我采取了违规发表公开信的方式，但是并没有实际影响办案机关和法援律师履行职责。
2. During the process of fighting for Wu Min’s right to defense, I did indeed send text messages to Yingtan Intermediate Court President Tian Ganlin and Vice President Liu Sai, and posted an open letter online. I also sent open letters to legal aid lawyers Xu Chunlin and Hong Dishen. However, the content of these text messages and open letters was not illegal. The purpose was to urge Yingtan Intermediate Court to respect the rights of Wu Min’s family-appointed lawyer and not to succumb to pressure from other departments. In this context, the family was both willing and able to hire a lawyer for Wu Min, making the assignment of legal aid lawyers inappropriate. Moreover, my actions did not prevent the Yingtan Intermediate Court from holding a trial on April 11, 2024, with the participation of the legal aid lawyers, and rendering a first-instance verdict on April 19. Although I adopted improper methods such as publicly posting open letters, my actions did not actually hinder the legal duties of the case-handling authorities or the legal aid lawyers.
三、关于我煽动、教唆家属扰乱监管场所秩序的指控，内容不实，据此对我进行处罚没有事实依据。
3. The accusation that I incited or instigated the family to disrupt the order of the detention facility is unfounded.
2024年1月23日和2月7日吴敏家属到鹰潭监管医院，在吴敏病房的窗下喊话，劝他千万不要接受官方安排的律师，一定要接受家属为他请的律师。经回顾当时的微信聊天过程，可以确认，我当时只是建议家属去许春林律师的律所，给许春林律师现场施压，让他和洪迪琛律师退出吴敏案辩护。我从没有去过鹰潭监管医院，事先不知道可以到吴敏病房的楼下喊话。但是，我在微信群里看到家属在监管医院楼下向吴敏喊话后，并没阻止他们，这也是事实。
On January 23 and February 7, 2024, Wu Min’s family went to Yingtan Detention Hospital and called out to him through the window of his ward, urging him not to accept the government-assigned lawyer and to insist on accepting the family-appointed lawyer. After reviewing the WeChat conversation from that time, it is clear that I only suggested the family visit lawyer Xu Chunlin’s office to apply pressure for him and lawyer Hong Dishen to withdraw from the case. I never visited Yingtan Detention Hospital and had no prior knowledge of the family’s intention to shout outside Wu Min’s ward. However, after seeing their actions in the WeChat group, I did not stop them, and this is a fact.
吴敏的两个妹妹吴玉秀和吴花秀，我最早见她们是2024年6月18日，此前和她们没有任何联系，更不可能在2024年1月23日、2月7日煽动、教唆她们去鹰潭监管医院。吴敏家属中也没人因为去鹰潭监管医院喊话被当地公安机关处理，当地公安只是在2024年2月7号以不承认这次行动是张庆方律师指使的就治安拘留十五天威胁了吴敏的两个妹妹，实际并没有执行，当晚就让她们回家了。因此，关于我煽动、教唆家属扰乱监管场所秩序，导致吴敏家属被公安机关依法处理的事实不存在，据此对我进行处罚没有事实依据。
I first met Wu Min’s two sisters, Wu Yuxiu and Wu Huaxiu, on June 18, 2024, and had no contact with them before that date. Therefore, it is impossible for me to have incited or instigated them to go to Yingtan Detention Hospital on January 23 or February 7. Furthermore, no member of Wu Min’s family was dealt with by the local public security bureau for shouting outside the hospital. On February 7, 2024, local police only threatened to detain Wu Min’s two sisters for fifteen days unless they disavowed any involvement by me. However, this was never enforced, and they were allowed to return home that evening. Therefore, there is no factual basis for the accusation that I incited or instigated the family to disrupt the detention facility’s order, resulting in legal action against them.
四、鹰潭中院和鹰潭法律援助中心举报本人违规炒作案件、干扰地方司法机关依法办案、干扰法援律师履行职责的同时，掩盖了他们受吴敏案办案机关江西省纪委指使，剥夺吴敏辩护权的事实。
4. While the Yingtan Intermediate Court and the Yingtan Legal Aid Center have accused me of improperly sensationalizing the case, interfering with the judicial process, and obstructing the duties of legal aid lawyers, they have simultaneously concealed the fact that they were acting under instructions from the Jiangxi Provincial Commission for Discipline Inspection (CCDI) to deprive Wu Min of his right to defense.
早在2023年11月10日，吴敏被江西省纪委留置六个月即将移送司法前，办案人员安排他和家人通话，通话录音显示，吴敏告诫家人千万不要请律师，因为里边会给安排法律援助律师，吴敏说找律师会让事情更复杂，还会给自己加刑，因为这是纪委办案，不是公安办案，在其他案件中，家属都进来了。吴敏明显透露出为了家人的安危迫于压力放弃自己请律师的考虑。
As early as November 10, 2023, when Wu Min was about to be transferred to the judiciary after being detained for six months by the Jiangxi CCDI, the case handlers arranged for him to speak with his family. In this recorded conversation, Wu Min warned his family not to hire a lawyer, as legal aid would be arranged for him, and hiring a lawyer would complicate matters and lead to a harsher sentence. Wu Min’s remarks clearly reflected that he was abandoning his right to legal representation under duress for the sake of his family’s safety.
吴敏案于2023年底起诉到鹰潭中院后，吴敏家属委托的贵阳王春丽律师持合法委托手续到鹰潭市监管医院申请会见吴敏，监管医院负责人说这个案子是省纪委办的，律师会见必须经过省纪委同意，所以，他们无权安排会见。有关部门的做法，显然缺乏正当性。
After Wu Min’s case was submitted to the Yingtan Intermediate Court at the end of 2023, lawyer Wang Chunli from Guiyang, who was appointed by Wu Min’s family, attempted to visit him at Yingtan Detention Hospital. The detention hospital officials stated that since the case was being handled by the CCDI, any meeting with a lawyer would require the approval of the CCDI. This practice was clearly lacking in legitimacy.
吴敏于2024年5月入狱服刑后，本人于2024年6月18号、7月31号，两次在江西新康监狱会见了吴敏。吴敏向我详细讲述了在与外界信息完全隔绝的情况下，为了家人的安全，也只能接受专案组每周一次的警告，不得不做到三不——“不翻案，不请律师，不上诉”的细节。吴敏在纪委阶段答应自己不请律师，并不是他的真实意愿，而是被办案人员逼迫的。江西纪委在案件移送司法后，还继续操纵鹰潭监管医院、鹰潭司法局和鹰潭中院，一再阻挠家属为其请律师。人们不禁要问，在吴敏案中，究竟是公权力机关非法干扰家属委托的律师依法办案，还是律师干扰公权力机关依法办案？
After Wu Min was imprisoned in May 2024, I met with him twice at Jiangxi Xinkang Prison on June 18 and July 31, 2024. Wu Min described in detail how, while completely isolated from external information, he had no choice but to obey the weekly warnings from the special case team for the sake of his family’s safety. He was forced to comply with the "three no’s" — "no appeal, no hiring a lawyer, no overturning the case." His agreement not to hire a lawyer during the CCDI investigation was not his genuine wish but a result of coercion. Even after the case was transferred to the judiciary, the Jiangxi CCDI continued to manipulate Yingtan Detention Hospital, Yingtan Bureau of Justice, and Yingtan Intermediate Court, repeatedly obstructing the family’s efforts to appoint a lawyer for him. One cannot help but ask: In the Wu Min case, who is truly interfering with the proper conduct of justice — the government authorities or the lawyer?
五、现在，我认识到，自己在公开争取吴敏案辩护权的过程中，以公开悬赏方式阻止法援律师参与，多次给鹰潭中院院长、副院长写公开信，公开举报他们的硕士论文剽窃，确实有过激之处，愿意为此接受主管部门的处罚。但是，如果因为我的上述行为决定吊销我的律师执业证，本人认为处罚过重。我恳请主管部门本着严管厚爱原则，秉持客观公正立场，不听信鹰潭中院和鹰潭司法局的一面之词，通过全面调查，查清真相、分清责任，依法做出慎重处理。
5. I now recognize that in my effort to publicly advocate for Wu Min’s right to defense, I acted in an extreme manner by publicly offering a reward to prevent the participation of legal aid lawyers, and by writing open letters accusing the president and vice president of Yingtan Intermediate Court of plagiarism in their master's theses. I am willing to accept disciplinary action for these actions. However, I believe that revoking my lawyer’s license is an excessively severe punishment. I sincerely ask the authorities to adopt a fair and objective stance, not to be swayed by the unilateral claims of the Yingtan Intermediate Court and the Yingtan Bureau of Justice, and to carefully investigate the facts, clarify responsibilities, and handle this matter with due caution.
本次听证会，本人恳请关心我和律师执业权益的同行及其他朋友保持关注，也可以发表自己的看法。但是，我不欢迎届时大家去现场围观，以免给相关部门维持秩序带来不必要的麻烦。
I kindly request that colleagues and others concerned with my legal practice and rights pay attention to this matter. However, I do not encourage anyone to attend the hearing in person, as I do not wish to cause unnecessary trouble for the relevant authorities in maintaining order.
北京市汉鼎联合律师事务所律师
2024年10月8日
Zhang Qingfang, Lawyer
Beijing Handing United Law Firm
October 8, 2024