张庆方:周永康案起诉书透露出什么信息? Zhang Qingfang: What Information Does the Indictment in the Zhou Yongkang Case Reveal?

Zhang Qingfang

3/4/20143 min read

新华社北京43日电 记者3日从最高人民检察院获悉,中共中央政治局原常委、中央政法委原书记周永康涉嫌受贿、滥用职权、故意泄露国家秘密一案,由最高人民检察院侦查终结,经依法指定管辖,移送天津市人民检察院第一分院审查起诉。43日,天津市人民检察院第一分院向天津市第一中级人民法院提起公诉。

Xinhua News Agency, Beijing, April 3 - Reporters learned from the Supreme People's Procuratorate on the 3rd that Zhou Yongkang, former member of the Politburo Standing Committee and former Secretary of the Central Political and Legal Affairs Commission, is suspected of taking bribes, abusing his power, and intentionally disclosing state secrets. The investigation conducted by the Supreme People's Procuratorate has concluded. After legally designating jurisdiction, the case was transferred to the First Branch of Tianjin People's Procuratorate for review and prosecution. On April 3, the First Branch of the Tianjin People's Procuratorate filed a lawsuit with the Tianjin No.1 Intermediate People's Court.

检察机关在审查起诉阶段依法告知了被告人周永康享有的诉讼权利,并讯问了被告人周永康,听取了其辩护人的意见。天津市人民检察院第一分院起诉书指控:被告人周永康在担任中国石油天然气总公司副总经理,中共四川省委书记,中共中央政治局委员、公安部部长、国务委员和中共中央政治局常委、中央政法委书记等职务期间,利用职务上的便利,为他人谋取利益,非法收受他人巨额财物;滥用职权,致使公共财产、国家和人民利益遭受重大损失,社会影响恶劣,情节特别严重;违反保守国家秘密法的规定,故意泄露国家秘密,情节特别严重,依法应当以受贿罪、滥用职权罪、故意泄露国家秘密罪追究其刑事责任。

During the review and prosecution phase, the prosecuting authority legally informed the accused Zhou Yongkang of his litigation rights, interrogated him, and listened to his defense attorney's opinions. The indictment from the First Branch of the Tianjin People's Procuratorate charges Zhou Yongkang with exploiting his official positions as the Deputy General Manager of China National Petroleum Corporation, Secretary of the CPC Sichuan Provincial Committee, member of the Politburo, Minister of Public Security, State Councilor, member of the Politburo Standing Committee, and Secretary of the Central Political and Legal Affairs Commission to seek benefits for others and illegally accepting a huge amount of property from others; abusing his power, causing significant losses to public property, the state, and the interests of the people, having a terrible social impact, and being especially severe; violating the law on safeguarding state secrets by intentionally disclosing state secrets, which are especially severe, and should be criminally charged with accepting bribes, abusing official power, and intentionally disclosing state secrets according to the law.

从起诉书中不难看出,周永康不要说在担任国企领导和地方大员期间大搞权钱交易,即使贵为国务委员、政治局委员乃至政治局常委期间,其内心恶劣的贪欲都不曾平息,其以权捞钱的行为都没有停止。

From the indictment, it is not hard to see that Zhou Yongkang not only engaged in power-for-money deals while serving as the leader of a state-owned enterprise and a local official, but even as a State Councilor, a member of the Politburo, and even while serving on the Politburo Standing Committee, his vile greed never subsided, and his behavior of using power to amass wealth never ceased.

这就打破了包括本人在内很多中国人长期以来的一个幻觉:中国的贪官污吏大都出自基层,因为一是基层官吏收入微薄,保障不继,客观上有贪的需求;二是基层监督机制不完善,长官意志难受制约;三是基层百姓缺乏制衡违法官员的有效手段。尽管如此,一个贪腐官员如果长期不收手,必然会在其任上留下不好的名声并引发众多的举报,因此这样的官员很难在仕途上走得太远。

This shatters the long-standing illusion held by many Chinese people, including myself, that China's corrupt officials mostly come from the lower levels of government because 1) low-level officials have meager incomes and insufficient security, which objectively creates a need for corruption; 2) the supervisory mechanisms at the grassroots level are imperfect, making it hard to restrain the will of higher-ups; 3) the common people at the grassroots level lack effective means to check and balance illegal officials. Despite this, a corrupt official who does not cease their corrupt practices over a long period will inevitably leave behind a bad reputation and trigger many reports, making it difficult for such an official to advance far in their career.

即便一部分贪官或是侥幸,或是有某种强大的支持走上了权力的峰巅,此时的他也就不会再有以权谋私,以权弄钱的冲动。因为一是贵为国家领导人,各种体制内的保障之丰富,虽王侯巨贾不可及,他们没有必要腐败;二是按马斯洛的需求层次论,一个人一旦解决了生存和发展的需求,必然会追求自我的实现,而作为最高领导人的自我实现,自然是在国民心目中留下永久的好名声;三是作为国家最高领导人,他们的一举一动都处在众多下属的注视之中,他们如何去勾兑,腐败?

Even if a portion of corrupt officials either by luck or with some powerful support reach the pinnacle of power, they would no longer have the impulse to seek personal gains through power or to use their power to make money. This is because 1) as national leaders, the rich protections within the system make corruption unnecessary; 2) according to Maslow's hierarchy of needs, once a person has met their basic survival and development needs, they will inevitably pursue self-actualization, which for a top leader naturally means leaving a lasting good reputation among the citizens; 3) as the country's top leaders, every move they make is watched by many subordinates, how could they engage in corrupt activities?

但从周永康案起诉书披露的情况看,以上百姓心中善良的愿意,似乎和肮脏的政治现实有大的距离,这就让我们难免好奇:周永康贵为九长老之一时,还有什么必要收钱?他收了钱有什么用?如果他因为收了钱为别人谋利,党内最高领导人之间的监督机制怎么能够允许他胡作非为?

However, from the details disclosed in the indictment of Zhou Yongkang, the kind wishes in the hearts of the people seem to be far removed from the dirty political reality, which inevitably makes us curious: as one of the nine elders, why did Zhou Yongkang need to take money? What use did he have for it? If he took money to seek benefits for others, how could the internal supervisory mechanism among the party's top leaders allow him to act recklessly?

跳出周永康案,我们仍然忍不住好奇:一、高层中还有没有周永康?二、如果还有,党内肃贪机制能不能保证把他们揪出来?三、对党内最高层的腐败,作为公民我们有什么权利,能做些什么?

Beyond the Zhou Yongkang case, we can't help but wonder: 1) Are there more Zhou Yongkangs in the higher echelons? 2) If so, can the party's anti-corruption mechanisms ensure they are rooted out? 3) Regarding corruption at the highest levels within the party, what rights do we, as citizens, have, and what can we do?

以上疑问,但愿能够随着周永康案的推进得到满意的解答。

Hopefully, these questions will be satisfactorily answered as the Zhou Yongkang case progresses.

张庆方 201434

Zhang Qingfang, March 4, 2014