张庆方旧文：元根啊，现在全看你的了 张庆方劝周永康忏悔书 Zhang Qingfang's Past Writings: Yuangen, It's All Up to You Now - Zhang Qingfang's Letter Urging Zhou Yongkang to Repent
元根，北京今天天气不错，我坐在办公室的沙发上，一边看书一边享受春日阳光的温暖时，不禁想起了你。出于一个刑辩律师的职业心理，现在我很为你捏一把汗呢。
Yuan Gen, it is a beautiful day today in Beijing. As I sit on the office sofa, reading a book and basking in the warm spring sunshine, I can't help but think of you. From the perspective of a criminal defense lawyer, I'm really worried about you.
元根，在你任公安部长之初，我对你还是颇有好感的，你提出公安工作的重要目标之一是保障人权，虽然后来完全没有兑现，但在当时还是让人耳目一新。我2003年初帮助一家国企处理一起因涉及冀鲁两省海域划界的重大投资项目引发的纠纷时，还看到了你作为书记处书记为此做的批示：“高丽、寓群、克明、允石同志处理之”。那时，你在我的印象里是个很开明的领导人。
Yuan Gen, at the beginning of your tenure as the Minister of Public Security, I had a rather favorable impression of you. You proposed that one of the important goals of the public security work was to protect human rights, which, although never realized, was refreshing at the time. In early 2003, when I was assisting a state-owned enterprise in handling a dispute over a major investment project related to the maritime boundary between Hebei and Shandong provinces, I saw your directive as the Secretary of the Secretariat: "Comrades Gao Li, Yu Qun, Ke Ming, and Yun Shi should handle this." At that time, you appeared to me as a very enlightened leader.
但是没过多久，就从一些朋友口中听说你观念上远不如上任之初标榜的那样开明，当一些下级公安机关办理的冤假错案汇报到你面前要求纠正，下属们强调嫌疑人律师提出的无罪意见很有道理时，你会不耐烦地挥挥手：“你们怎么能听律师的话？律师不就是为当事人服务的！”你的这种表态，让下属们很诧异：律师不为当事人服务为谁服务？这和纠正错案有什么关系？
However, it wasn't long before I heard from some friends that you were not as open-minded as you had initially claimed to be. When some lower-level public security organs reported wrongful, false cases to you asking for corrections, and your subordinates emphasized that the defense lawyers' arguments for innocence were reasonable, you would wave them off impatiently: "How can you listen to the lawyers? Aren't lawyers just there to serve their clients?" Your stance left your subordinates perplexed: If lawyers don't serve their clients, whom do they serve? What does this have to do with correcting wrongful cases?
但你在我心中的形象被彻底颠覆，还是在你升任中央政法委书记之后，被你派去整顿最高法院的胜俊院长提出的三个至上，使两法通过以来司法系统二十多年间逐步培养和强化的法治意识饱受摧残，你主导下的维稳至上思路使司法承担了其不应也无力承担的使命，其结果是扭曲了制定法的既定规则，加剧了司法腐败，极大地恶化了律师们的生存环境。元根，如果让律师们投票决定你的命运，我几乎可以肯定，你很难获得比文强袁宝璟等人更宽大的处理哟。
But what completely overturned your image in my heart was after you were promoted to Secretary of the Central Political and Legal Affairs Commission. The "three supremacies" proposed by Sheng Jun, whom you sent to reform the Supreme Court, devastated the sense of rule of law that the judicial system had gradually cultivated and strengthened over more than twenty years since the passage of the two laws. The stability-first mindset you led forced the judiciary to undertake a mission it should not and could not bear. The result was the distortion of established legislative rules, an exacerbation of judicial corruption, and a significant deterioration of lawyers' living conditions. Yuan Gen, if lawyers were to vote on your fate, I'm almost certain that you would not receive more lenient treatment than individuals like Wen Qiang and Yuan Baojing.
元根，在重庆的王立军闯馆事件发生后，我和我的好多律师同行一样，当天都去喝了不少酒，我们清楚，你所主导的司法路线，已经到面临彻底清算的时刻了。只是，当时我们一没想到中国的司法改革直到今天仍然步履蹒跚，二没想到你本人也会步王、薄之后尘，这么快就被你所竭力维护的体制所抛弃。
Yuan Gen, after the incident involving Wang Lijun in Chongqing, like many of my fellow lawyers, I drank a lot that day. We were clear that the judicial path you had led was facing a moment of total reckoning. However, at that time, we had not anticipated that China's judicial reform would still be faltering to this day, nor had we expected that you yourself would follow in the footsteps of Wang and Bo, so quickly abandoned by the system you had strived so hard to protect.
元根，尽管作为一个执业律师我和你有公仇，但我还是不同意体制以现在这种方式处理你。在人类文明高度发展的今天，中国没有任何理由拒绝文明国家共同遵守的刑事诉讼准则：对一个被限制人身自由的嫌疑人，必须保证他充分享有律师辩护的权利。不论对普通百姓还是对这个国家曾经的最高级别领导人，不论是因为经济原因还是政治原因，文明国家均不能在法治的规则之外，以家法、私刑进行处置，哪怕是一个罪恶累累民怨沸腾的人。
Yuan Gen, even though as a practicing lawyer I have a public grievance against you, I still disagree with the way the system is handling you now. In today's highly developed human civilization, China has no reason to reject the criminal procedure norms commonly observed by civilized nations: a suspect whose personal freedom is restricted must be guaranteed the full right to legal defense. Whether for ordinary people or for former high-ranking leaders of this country, whether for economic or political reasons, civilized nations cannot go beyond the rules of law and resort to family law or vigilante justice, even for a person burdened with sins and boiling public resentment.
元根，到现在为止，我都不相信坊间关于你的一些传闻，我指的不是令郎的生意，以及你和若干女士的床帏之事，这种事，在高层并不只你才有，老百姓也不会因此对你有特别的情绪。甚至计划之中的逼宫，也不关包括本人在内的百姓屁事。但是，如果精心策划的车祸属实，这可就注定了你会以一个身败名裂的形象写进历史，哪怕你的组织为其整体形象计不对外公开，也总有纸包不住火的一天。元根，听说长老们因你的所作所为暴怒不已，拍桌子大骂你玩的全是黑社会的一套。元根，我为你感到不值，在你维护的体制中，还有什么让你不能以体制许可的方式获取，如果不是猖狂到了蔑视一切法律和道德底线的程度，你为何要选择如此丧尽天良的方式？
Yuan Gen, to this day, I do not believe some of the rumors about you in the streets. I'm not referring to your son's business or your affairs with several women; such matters are not unique to you among the high-level officials, and the general public does not have a particular sentiment towards you because of this. Even the planned palace coup does not concern the people, including myself. However, if the deliberately planned car accidents are true, it is destined that you will be recorded in history with a tarnished image, even if your organization decides not to make it public for the sake of its overall image, there will always be a day when the truth cannot be contained. Yuan Gen, I've heard that the elders are furious with your actions, slamming the table and cursing you for playing a set straight out of the underworld. Yuan Gen, I find it unworthy of you. Within the system you defended, what could you not obtain in a way permitted by the system? If it were not for your brazenness to the extent of despising all legal and moral boundaries, why would you choose such a conscienceless method?
但是，一个人即便身陷你这样的处境，仍然可以选择以其特有的方式推动历史。元根，你可曾想过，即使贵为九长老之一时，这个僵化的体制也不曾给你真正施展政治抱负以机会和空间，但是，恰恰是当前的困境，反而给了你一个意想不到的支点，使你拥有了撬动这个体制走向民主法治未来的行动权和选择权。你可曾深刻反思过，导致你身败名裂，并殃及兄弟子侄的根源是什么？是你心中恶劣的情欲，还是这个缺乏监督制约机制的体制？在你从一个农家子弟一步步走向权力巅峰的过程中，是这个国家、这个民族、这个体制中的哪些因素，决定了你的飞升，同时也埋下你今日沉沦的种子？
But even a person in your situation can still choose to push history forward in their unique way. Yuan Gen, have you ever thought that even as one of the nine elders, this rigid system never truly gave you the opportunity and space to realize your political ambitions? Yet, it is precisely your current predicament that unexpectedly provides you with a fulcrum, granting you the power and choice to leverage this system towards a future of democracy and rule of law. Have you ever deeply contemplated what caused your downfall and also brought disaster to your brothers and nephews? Is it the vile desires in your heart or this system lacking a mechanism for oversight and restraint? In your journey from a peasant family to the pinnacle of power, what factors within this country, this nation, and this system determined your ascent and also planted the seeds of your current downfall?
元根，无论如何，你还有机会给国人留下一个不完全负面的背影。不论过去你做过什么，我们都明白，这其中肯定有复杂的外部原因，无论经济方面还是政治方面的过失，都未必能彻底摧毁你的道德形象。但是，作为一个政治人物，如果你至今都不能够展示出深刻反省的勇气，不真实完整地剖析造成你今日困局的制度因素，社会因素和个人因素，不发自内心地为个人之恶和制度之恶忏悔，而是沿着无数小人懦夫走过的道路亦步亦趋，为了一个留更多时间在家安度晚年的承诺去谈条件，做交易，这才是无可挽回地把自己推向万劫不复深渊的最有效方式。
Yuan Gen, regardless, you still have the chance to leave the Chinese people with a not entirely negative legacy. No matter what you have done in the past, we understand that there must be complex external reasons, and neither economic nor political faults could completely destroy your moral image. However, as a political figure, if you still cannot show the courage to deeply reflect, to truthfully and completely analyze the systemic, societal, and personal factors that led to your current predicament, to sincerely repent for the evils of the individual and the system, and instead tread the path taken by countless villains and cowards, bargaining and making deals for a promise of more time to peacefully spend your old age at home, this is indeed the most effective way to irretrievably push yourself into an abyss of eternal damnation.
以上肺腑之言，请元根三思。
The above is a heartfelt appeal, please give it serious consideration, Yuan Gen.
张庆方 2014年3月4日
Zhang Qingfang, March 4, 2014