J委的霸气与老板的骨气｜Authority and Backbone
最近在桂地办案，又听到J委办案的一桩奇闻：
Recently, while handling a case in Guangxi, I came across a strange story about how the Discipline Inspection Commission handles cases:
做过南宁市长、桂发改委主任的黄方方，2022年下半年被自治区J委调查后，专案组认定他收受了南宁民企老板，涉足矿业、地产、旅游等行业的五福矿业法定代表人孙崇教三千万元。
Huang Fangfang, former mayor of Nanning and head of the Guangxi Development and Reform Commission, was investigated by the regional Discipline Inspection Commission in the second half of 2022. The investigation team determined that he had accepted 30 million yuan from Sun Chongjiao, the legal representative of Wufu Mining, a private company involved in mining, real estate, and tourism.
黄方方作为受组织培养多年的高级干部，党性原则是不缺的，不管这一笔三千万是真是假，组织上让认，就认呗，更何况，认了是什么后果，不认是什么后果，组织上也给讲清楚了。
As a senior official trained by the organization for many years, Huang had strong party principles. Regardless of whether the 30 million yuan was real or not, if the organization wanted him to admit to it, he would comply. After all, the consequences of admitting or not admitting had been clearly explained to him by the organization.
但是，让自治区J委始料不及的是，他们屡试不爽的两头逼供法，在区区一个矿老板孙崇教这里，不灵了。
However, what the regional Discipline Inspection Commission did not expect was that their usual two-way coercion method didn’t work on the mere mining boss, Sun Chongjiao.
老孙被J委留置了半年，硬是不认，J委又让公安给指定监视居住了半年，还是不认，无奈之下，只好把他放了。
Sun was detained by the Discipline Inspection Commission for half a year, but he refused to confess. The commission then had him placed under residential surveillance by the police for another six months, but he still refused to admit guilt. In the end, they had no choice but to release him.
但是，黄方方的案子不等人，收孙崇教的三千万，已经汇报给自治区委，主要领导也都点头了。
However, the case against Huang Fangfang could not be delayed. The 30 million yuan allegedly received from Sun Chongjiao had already been reported to the regional committee, and the top leaders had approved it.
这笔所谓的新型受贿，承诺型受贿，钱实际没有拿，放在行贿人手里的模式，行贿人攻不下来，这出戏怎么往下演？
This so-called new type of bribery, a "promise-based bribery" where the money was not actually taken but left with the briber, presented a dilemma for the investigators. How could the case proceed if they couldn't break the briber?
最后，不得不把这个孙崇教再次抓进来，两个月后，在J委的授意下，孙崇教和检察院达成了协议：让我出钱可以，但是，只能以代黄方方缴纳赃款的名义，这笔钱算我借给他的，不能说是我代为保管受贿款。
In the end, they had no choice but to detain Sun Chongjiao again. Two months later, under the instruction of the Discipline Inspection Commission, Sun reached an agreement with the prosecutor: he would pay the money, but only under the condition that it be treated as a loan to Huang Fangfang for the repayment of illicit funds, not as him holding the bribery money for Huang.
协议达成后，孙崇教，这个算是有骨气的民企老板，在付出三千万的保护费后，恢复了自由。
After the agreement was reached, Sun Chongjiao, a business owner with some integrity, regained his freedom after paying the 30 million yuan "protection fee."
黄方方和孙崇教的故事，在桂地流传甚广，传播者对这个传闻多深信不疑。
The story of Huang Fangfang and Sun Chongjiao spread widely in Guangxi, and many people believed it without question.
但是，本人作为一个专业律师，还是觉得其中有多个疑点：
However, as a professional lawyer, I still have many doubts about the story:
一、孙崇教在留置和指居期间，真的大义凛然，一直没交代？
First, did Sun Chongjiao truly remain steadfast during his detention and surveillance, never confessing?
如果J委没有拿到一份孙承认承诺给黄送钱的笔录，他们怎么敢把这一笔安到黄的头上，又是怎么向自治区委汇报，并获得主要领导“可以动黄方方”的首肯的？
If the Discipline Inspection Commission did not have a signed statement from Sun admitting he promised to give Huang money, how could they dare to pin this charge on Huang, report it to the regional committee, and even receive approval from top leaders to take action against him?
二、如果孙崇教留置和指居期间，在重压或者诱惑下承认过答应给黄方方送三千万，哪怕以后翻供，凭J委目前的权势的掌控力，交给法院把黄判掉，直接从孙的资产中扣三千万就行了，还需要和一个矿老板商量，甚至还不得不达成协议？
Second, if Sun had admitted under pressure or temptation during his detention or surveillance that he promised to give Huang the 30 million yuan, even if he later retracted his confession, given the current power and control of the Discipline Inspection Commission, they could have simply handed the case to the court, sentenced Huang, and deducted the 30 million from Sun's assets. Why would they need to negotiate with a mining boss, let alone reach an agreement?
三、孙崇教如此不给J委面子，让黄方方案，这么一起在桂地有影响的大案，办得无比晦气，传言四起，领袖又有行贿受贿一起抓的最高指示，为什么对这种矿老板要网开一面，为什么不把他一起起诉？
Third, why would Sun Chongjiao, who showed no regard for the Discipline Inspection Commission, be given such leniency? Why wasn't he prosecuted along with Huang Fangfang in such a high-profile case, especially when the top leaders had ordered a crackdown on both bribery and corruption?
因此，我怀疑，孙在被控制期间，办案人员应该给过他承诺：你就承认答应给过黄方方三千万，先放在你这里，等他用时再拿，因为没有实际给，你承认了，不算你行贿。
Therefore, I suspect that during Sun’s detention, the investigators may have promised him: "Just admit you agreed to give Huang Fangfang 30 million yuan, and that you kept it for him until he needed it. Since the money wasn't actually handed over, it won’t count as bribery."
我们J委办案要的就是一个态度，态度好了，才能放你出去，继续抗拒，只能继续关着。孙轻信了办案人员的许诺，就签字画押了。
"The Discipline Inspection Commission only needs a good attitude during investigations. If your attitude is good, we can release you. If you continue to resist, you'll remain detained." Sun believed the investigators' promises and signed the confession.
但是，等黄方方的案子要进入司法程序时，这笔所谓的承诺型受贿三千万，必然涉及如何追缴的问题，办案人员又来找孙崇教：你人是安全了，钱，不能省，三千万还是要交。
However, when Huang Fangfang's case entered the judicial process, the issue of recovering the 30 million yuan of "promise-based bribery" inevitably arose. The investigators returned to Sun and said: "Your personal safety is guaranteed, but you still need to pay the 30 million yuan."
现在的民企老板，日子都不好过，孙崇教或者是一时筹不到这笔钱，或者也是咽不下这口气：明明不存在的事，事先答应你们，就是配合你们的工作了，怎么现在还当真了，还真让我出钱？
Nowadays, private business owners are struggling, and Sun either couldn't gather the money quickly or couldn't swallow the injustice: "This was never a real issue. I only agreed to cooperate with your investigation. How can you now expect me to actually pay?"
于是，他坚决不出，这就有了J委让他再次进去，最后不得已达成一个不伦不类的代缴协议的故事。
As a result, he refused to pay, leading to the Discipline Inspection Commission detaining him again. In the end, they were forced to settle on this strange and mismatched repayment agreement.
我猜测，J委为了既能让黄方方的案子判下来而且表面上没有大问题，又能让孙崇教代为黄上交赃款，应该是认定这笔钱是黄向孙索贿。
I suspect that, to both ensure Huang Fangfang’s case could proceed smoothly without major issues and to have Sun Chongjiao pay Huang’s illicit gains, the Discipline Inspection Commission determined that the money had been extorted by Huang from Sun.
这样，孙就安全了。因为索贿后并没有实际拿到手，严格依法，本来不存在让孙代为交纳赃款的必要。
This way, Sun would be safe, as the money had never actually been handed over after the extortion. Legally speaking, there should have been no need for Sun to pay back the illicit funds on Huang's behalf.
但是，现在J委办案子，都有追赃的任务不是？地方财政如此困难，办这么一个高级领导的案子，不整出来几千万，成绩何在，面子何在！
But nowadays, recovering illicit gains is a task required of every investigation, isn't it? With local finances in such a dire situation, how could an investigation into a high-ranking official not recover tens of millions? How else would they prove their success and save face?
于是，就搞出这么一个荒唐绝伦足以写进中国法治史的代赔协议。
And so, they devised this absurd agreement, something worthy of being recorded in the annals of Chinese legal history.
但是，专案组也知道，黄方方案，办夹生了，他们自己也后怕。所以，这么一起桂地大案，明明已经一审判了，硬是没敢宣传，黄方方的涉案金额，硬是没敢向老百姓公布。
However, the investigation team knew that the case against Huang Fangfang had been poorly handled, and they themselves were worried. Despite the case being sentenced in the first instance, they dared not publicize it. They didn’t even dare to disclose the amount of money involved to the public.
由此可见，地方上关于专案组与孙崇教达成代赔协议的传闻，绝非空穴来风，哪怕一些细节失实，大体上应该确有其事。
This indicates that the rumors about the investigation team reaching a repayment agreement with Sun Chongjiao were not baseless. Even if some details were inaccurate, the overall story seems plausible.
这就产生一个问题：黄方方案，自治区J委是办成功了，还是失败了？论政治效果、法律效果、社会效果，这笔账应该怎么算，是赔了还是赚了？
This raises a question: was the case against Huang Fangfang a success or a failure for the regional Discipline Inspection Commission? From the perspectives of political, legal, and social impact, how should this be calculated? Was it a loss or a gain?
既然一个案子判了却不敢公开，既然社会上传得沸沸扬扬，对自治区J委有监管之责的衙门和人，该不该查查这个案子办得是否扎实？该不该当面向黄方方孙崇教了现实情？
Since the case has been sentenced but not made public, and rumors are spreading wildly, shouldn't the officials responsible for overseeing the regional Discipline Inspection Commission investigate whether this case was properly handled? Shouldn't they confront Huang Fangfang and Sun Chongjiao with the facts?
根据我这几年办理职务犯罪案件的经历，我猜，现在管事的那些人，多半还是会对此案装聋作哑。
Based on my experience handling cases of official misconduct in recent years, I guess that those in charge will most likely turn a blind eye to this case.
因为，下边的J委怎么办案，他们很清楚，黄方方案是不是个案，他们很清楚。
Because they know very well how the lower-level Discipline Inspection Commission handles cases, and they know very well that Huang Fangfang’s case is not unique.
既然J委办案，无中生有，小题大做相当普遍，查得过来吗？多一事不如少一事，不如装不知道。
Since it’s common for the Discipline Inspection Commission to make something out of nothing and exaggerate minor issues, can they investigate every case? It's better to avoid trouble than to stir up more. Ignoring it seems easier.
装不知道，将来真出了事，也是办案的机关和个人承担直接责任，真要去查，轻重拿捏不好，或者牵涉出更多的问题超出自己的能力，不是惹火烧身吗？
If they feign ignorance and something truly goes wrong in the future, it will be the investigation agencies and individuals directly responsible who bear the blame. If they investigate now but mishandle it, or if it uncovers even bigger problems beyond their control, wouldn't they be inviting trouble?
但是，既然这个案子，民间已经在疯传，不去调查核实，不出来澄清，就真的太平无事吗？
But now that this case has become widespread gossip among the public, can they really expect peace if they don't investigate and clarify the truth?
J检系统的威信，管事的人还在不在意？历史的责任，真的可以不在意？
Do those in charge still care about the credibility of the discipline inspection system? Can they really afford to ignore their responsibility to history?
我不知道明天的风向哪边吹，就把这个故事记录下来，给将来写红朝反腐史的人提供一个素材吧。
I don’t know which way the wind will blow tomorrow, but I’ve written this story down as material for those who will one day write the history of anti-corruption in this era.
张庆方 2024年9月10日
Zhang Qingfang, September 10, 2024
张庆方手机13910405610
Zhang Qingfang's phone number: 13910405610