根据现代刑事诉讼制度构造原理，一个公正的法庭应该是两造具备，师听五辞，拥有公权力的控方和有辩护律师加持的当事人一方，在平等武装下，在法庭上各逞机锋，用事实与证据，加上严密的逻辑和说理，争取打动法官和陪审团。而法官和陪审团作为居中裁判者，必须是不偏不倚的，如果裁判者丧失了公正立场，就相当于足球比赛中的黑哨，这场球，就没有fairplay了。
According to the principles of modern criminal procedure, a fair courtroom should have both parties present, follow the practice of “listening to the five aspects,” where the prosecution with public authority and the defendant supported by a defense lawyer compete equally. They strive to convince the judge and jury with facts and evidence, combined with solid logic and argumentation. Judges and juries, as the arbiters, must remain impartial. A loss of this neutrality equates to the black whistle in football, rendering the match devoid of fair play.
可是，我和王春丽教授代理的鹰潭吴敏案，在办案机关江西纪委的主导下，鹰潭检法两家连吹黑哨都嫌麻烦，他们一开始就不给我和王春丽上场的机会，而是自行为我方选定了上场球员。
However, in the Yingtan Wu Min case, which Professor Wang Chunli and I are representing, under the direction of the Jiangxi Discipline Inspection Commission, Yingtan’s prosecutorial and judicial bodies didn’t even bother with the pretense of fairness. From the start, they denied Professor Wang Chunli and me the opportunity to participate, instead selecting the players for our side.
吴敏，江西省吉安市人大常委会原党组书记、主任，先后担任过泰和县县委书记，井冈山市委书记，吉安市常务副市长。现在的官场，在老百姓眼中，没一个干净的。吴敏竟能成为少有的例外，他从政几十年，官声很好，是有名的“不收礼”。如果不是一场变故，今年的春节，吴敏应该会像大多数的普通老人一样，在家带着孙子，安享晚年。
Wu Min, a former party group secretary and director of the People’s Congress Standing Committee in Ji’an City, Jiangxi Province, previously served as the county party secretary of Taihe County, the party secretary of Jinggangshan City, and the deputy mayor of Ji’an City. In today’s officialdom, seen through the eyes of the public, not a single clean official exists. Yet, Wu Min managed to be an exception. After decades in politics, he was well-regarded and known for “not accepting gifts.” If it hadn’t been for a twist of fate, he would have spent this Spring Festival like most ordinary elders, enjoying his later years at home with his grandchildren.
吴敏有一个弟弟叫吴忠，在永丰县开发房地产，吴忠生意场上的合作伙伴刘全全，因为借永丰县纪委委员戴耀青的两千多万高利贷还不上，戴耀青就带着马仔，把吴忠关在自己的办公室一连三天，其间，戴耀青毫不掩饰其亲家——江西纪委党委严正的身份，明确告诉吴忠：你不替刘全全还钱，就让省纪委查你哥吴敏，当官的哪有查不出事的！
Wu Min has a brother named Wu Zhong, who was involved in real estate development in Yongfeng County. Wu Zhong’s business partner, Liu Quanquan, unable to repay a high-interest loan of over twenty million from Dai Yaoqing, a member of the Yongfeng County Discipline Inspection Commission, resulted in Dai, flaunting his in-law relationship with Yan Zheng of the Jiangxi Discipline Inspection Commission, detaining Wu Zhong in his office for three days. He explicitly threatened that if Wu Zhong didn’t settle Liu’s debt, the provincial commission would investigate his brother, Wu Min. It was implied that no official could escape scrutiny if investigated.
吴忠为了避免哥哥受牵连，一度表示愿意帮还钱，但是，因为借钱的一方刘全全本人拒绝，几方面人马最终没有谈拢，戴耀青就痛下杀手，而且，他的威胁一一兑现了。为了整吴敏，江西纪委成立了上百人的专案组，先于2022年12月以强安的介绍卖淫罪，由樟树县公安局出了指定居所监视居住手续，把吴忠关押在樟树纪委的所谓廉政教育基地。六个月后，又让安义县纪委以行贿罪，把吴忠留置在安义县廉政基地。其间，都是江西纪委的专案组一天三班，共十八个小时逼问吴忠，让他交待哥哥吴敏的问题。吴忠家属请的律师要求会见，出具指居所监视居住手续的樟树公安局说：这是纪委的案子，我们管不了。转到安义廉政基地后，就更没有了律师会见的机会。
To avoid implicating his brother, Wu Zhong initially agreed to help repay the loan. However, since Liu himself refused, and negotiations with all parties involved failed, Dai resorted to threats, which he eventually carried out. To target Wu Min, the Jiangxi Discipline Inspection Commission assembled a task force of over a hundred people. In December 2022, accusing Wu Zhong of introducing prostitution, the Shangrao County Public Security Bureau issued a surveillance order, detaining him at what the Shangrao Discipline Inspection Commission called an “integrity education center.” Six months later, Anyi County’s commission detained him for bribery at their integrity center. Throughout, Jiangxi’s task force interrogated Wu Zhong in shifts, for eighteen hours a day, pressuring him to implicate his brother, Wu Min. When Wu Zhong’s family hired a lawyer, the Shangrao Public Security Bureau, which had issued the surveillance order, claimed it was a case for the discipline inspection commission and thus out of their hands. After being transferred to the Anyi integrity center, there was no chance for lawyer visits.
2023年5月30日，江西省纪委监委对吴敏留置，5个多月后将其从廉政中心转移至鹰潭市强制隔离戒毒所（鹰潭市人民医院监管分院）羁押，后移送鹰潭市检察院起诉，检察院于2023年12月22日以吴敏涉嫌受贿罪，起诉至鹰潭市中级法院。但是直到2024年1月11日，江西省纪监委才对其官宣。
On May 30, 2023, the Jiangxi Provincial Discipline Inspection Commission detained Wu Min, and after more than five months, transferred him from the integrity center to a compulsory isolation detox center in Yingtan (managed by Yingtan People’s Hospital), later moving the case to the Yingtan Public Prosecutor’s Office. On December 22, 2023, the prosecutor charged him with bribery at the Yingtan Intermediate Court. However, it wasn’t until January 11, 2024, that the Jiangxi Provincial Commission for Discipline Inspection officially announced the charges.
2024月1月15日，王春丽律师带着家属的委托，到鹰潭监管医院会见吴敏，监管医院说：这是纪委的案子，律师会见，必须纪委同意。王春丽律师质问：案子都到法院了，纪委有什么权力干预律师会见？监管医院的人说我们只能听纪委的。
On January 15, 2024, accompanied by the family’s authorization, Lawyer Wang Chunli visited Wu Min at the Yingtan detention center, which stated that for lawyer visits, the Discipline Inspection Commission’s approval was required. Lawyer Wang Chunli questioned: “The case is already in court, what right does the commission have to intervene in lawyer visits?” The detention center responded, “We can only follow the commission’s orders.”
其实，就在这时，在江西纪委的指示下，鹰潭检法和司法局已经给吴敏安排一了位法律援助律师，就是本地的吴文兆律师。当着家属的面，吴文兆非常坦诚：你们家这个案子，就是有人借刀杀人，这就是个政治案子，你们不就是涉及一套房子，这又怎么样？薄XX不也是一套房子？一查，查出来一个清官。这又怎么样？这就是政治！XXX总理不都死了吗？你们还有什么想不开过不去的！
At this point, under directives from the Jiangxi Discipline Inspection Commission, Yingtan’s prosecutorial and judicial authorities had already arranged a legal aid lawyer for Wu Min, a local named Wu Wenzhao. In front of the family, Wu Wenzhao candidly stated: “Your case is essentially one of being targeted through others; it’s a political case. Does it matter that it involves a house? Didn’t Bo XX have a house too? Once investigated, a clean official was found. What of it? It’s all politics! Hasn’t Prime Minister XXX passed away? What more do you have to worry about?”
对于吴文兆律师大逆不道的言论，张庆方和王春丽律师于2024年1月18日在网络上进行了公开，并举报到鹰潭中院，鹰潭中院主审吴敏案的剽客副院长（在南京大学读在职法律硕士时的毕业论文抄袭率63%）刘赛连行动迅速，第二天就把吴敏家属叫到法院：你们不是对吴文兆不满意吗？我们又给吴敏安排了新的法援律师，他叫许春林，你们和许律师联系吧！
Regarding Lawyer Wu Wenzhao’s outrageous statements, Zhang Qingfang and Lawyer Wang Chunli publicly exposed him on the internet on January 18, 2024, and reported him to the Yingtan Intermediate Court. Liu Sailian, the deputy chief justice of the court handling Wu Min’s case (who plagiarized 63% of her master’s thesis at Nanjing University), acted swiftly. The next day, she summoned Wu Min’s family to the court: “You were dissatisfied with Lawyer Wu Wenzhao? We’ve arranged a new legal aid lawyer for Wu Min, named Xu Chunlin. You can contact Lawyer Xu.
“至此，鹰潭方面打死也要给吴敏强行安排占坑律师，坚决不许吴敏家属委托的律师有上场机会的用心，昭然若揭了！这不是比黑哨还黑吗？如果容忍这种安排，职务犯罪案件中，还有中国刑辩律师存在的空间吗？
Thus, Yingtan authorities were determined to forcibly assign a placeholder lawyer for Wu Min, blatantly denying the family-appointed lawyer any opportunity to participate. Their intentions were clear! Isn’t this darker than match-fixing? If such arrangements are tolerated, is there any space left for criminal defense lawyers in China?
为了坚决反对鹰潭方面为吴敏安插占坑律师，春节前，我们组织了占坑式辩护大讨论征文竞赛，短短八天内，共收到全国律师界，学术界论文66篇，法律圈同行对占坑式辩护的表现和危害进行了充分讨论。这次征文的论文集和总结报告，我们也递交给了主管部门，主管部门也表示会帮家属请的律师维权，但是，直到今天，已经发明出“检、法、司、律协”四方会商机制的我天朝，都没有对我们争取会见权的维权要求有一个答复。
In staunch opposition to Yingtan authorities inserting a placeholder lawyer for Wu Min, we organized a “placeholder defense” essay contest before the Spring Festival. Within just eight days, we received 66 papers from lawyers and academics nationwide, thoroughly discussing the performance and harm of placeholder defense. We also submitted a compilation of these essays and a summary report to the relevant authorities, who expressed their support for the rights of the family’s lawyer, yet until today, our request for meeting rights remains unanswered, even with the “Procuratorate, Court, Justice, and Bar Association” consultation mechanism in place in our great nation.
其间，我也给曾经高调聘请了监督员，要保障律师会见权的公安部监管局发去维权请求，要求会见吴敏，当面征求他本人的意见：为什么不相信家属请的律师，为什么坚持要让所谓的组织上安排法律援助律师？
During this period, I also sent a rights protection request to the Public Security Bureau’s supervision department, which had previously made a high-profile appointment of supervisors to guarantee lawyers’ rights to meet their clients. I requested a meeting with Wu Min to hear his personal opinion: Why doesn’t he trust the lawyer hired by his family? Why insist on the so-called organizational arrangement of a legal aid lawyer?
但是，公安部监管局一听是江西纪委的案子，就表示这事不好办。 However, upon hearing it was a case from the Jiangxi Discipline Inspection Commission, the Public Security Bureau’s supervision department indicated it was a difficult matter to handle.
春节后的2月23号，吴忠的辩护人何智娟律师手持吴忠亲笔书写的被江西纪委残酷地刑讯逼供，炮制出亲弟弟向亲哥哥行贿1190万的情况说明，去鹰潭中院交涉，质问这么一个行贿受贿的案子，为什么不同案审，为什么哥哥吴敏的案子到法院了，弟弟吴忠还在侦查阶段，这不是有意剥夺两兄弟的辩护权，非要在家属请的律师不到庭接触不到控方证据的情况下，先把吴敏案黑箱操作强判了？面对何智娟律师的质问，鹰潭中院包括刘赛连副院长在内的合议庭成员都不敢出来见面，最后让刑庭的李法官接待并接收了材料。但是，时至今日，对何智娟律师要求将吴忠与吴敏同案同庭审理的要求，鹰潭中院拒不答复。
After the Spring Festival, on February 23, Wu Zhong’s lawyer, He Zhijuan, holding a statement personally written by Wu Zhong detailing his brutal interrogation and forced confession by the Jiangxi Discipline Inspection Commission, approached the Yingtan Intermediate Court. She questioned why the bribery case involving the two brothers wasn’t being tried together. Why, when Wu Min’s case had reached the court, was Wu Zhong’s still under investigation, deliberately depriving the brothers of their right to defense? She argued that proceeding with Wu Min’s case in a “black box” manner, without the family-appointed lawyer having access to the prosecution’s evidence, was unjust. Faced with Lawyer He Zhijuan’s questioning, the members of the collegial panel, including Deputy Chief Justice Liu Sailian, did not dare to meet her. Finally, a judge from the criminal tribunal received her and took the documents. Yet, to this day, the court has refused to respond to Lawyer He Zhijuan’s request for a joint trial of Wu Zhong and Wu Min.
何智娟律师当天又去许春林的律所，想当面问许春林：不管你是谁安排进来的，人都要有点职业精神吗？是狗就要看家，是猫就要抓耗子。你现在占着吴敏辩护人的坑，你打算怎么给他辩护？吴敏作为一个正厅级干部，当官几十年，江西纪委上百人的专案组查了一年半，最后端出来的，没有一笔外人对他的行贿，全部的1190万受贿，都是亲弟弟吴忠给他的，而且，全部离奇古怪：吴忠2008年花180万在北京买了套房，2018年以450万卖给了哥哥吴敏，江西纪委就认定，这套房当时的市场价750万，300万的差额，就是弟弟对哥哥的行贿。江西纪委又逼着吴忠承认曾经许诺在哥哥退休后，给他和嫂子四百万养老费，这种无中生有的养老费承诺，也堂而皇之地写进了起诉书。江西纪委还把查到的吴忠公司的几笔大额取现记录，硬让兄弟俩承认这就是弟弟拿来给哥哥了，不承认，就抓你们全家。
On the same day, Lawyer He Zhijuan visited Xu Chunlin’s law office, intending to ask him face-to-face: Regardless of who arranged for you to be here, shouldn’t you have some professional integrity? If you’re a dog, you watch the house; if you’re a cat, you catch mice. Now that you occupy the position of Wu Min’s defense lawyer, how do you plan to defend him? Wu Min, as a senior official who served for decades, was investigated by a task force of over a hundred from the Jiangxi Discipline Inspection Commission for a year and a half. Yet, they produced no evidence of bribery from outsiders. All the alleged bribery of 11.9 million yuan came from his brother, Wu Zhong, and it was all incredibly bizarre: In 2008, Wu Zhong bought an apartment in Beijing for 1.8 million yuan, and sold it to his brother, Wu Min, in 2018 for 4.5 million yuan. The Jiangxi Discipline Inspection Commission determined that the market value of the apartment at the time was 7.5 million yuan, and the difference of 3 million yuan was considered bribery from the younger brother to the older. The commission also coerced Wu Zhong into admitting he had promised to give his brother and sister-in-law four million yuan for their retirement after he stepped down. This baseless promise of retirement funds was brazenly included in the indictment. Furthermore, the commission took several large cash withdrawal records from Wu Zhong’s company and forced the brothers to admit this was money the younger brother had given to the older. If they didn’t admit it, the entire family would be arrested.
这，就是牛逼的江西纪委罗织出的弟弟向哥哥行贿案，其罗织水平，比一千多年前的来俊臣前辈也不遑多让吧？你许春林既然接受了官方的安排，要当这个法援律师，面对来自行贿人的揭发，你认为吴敏是有罪还是无罪，你打算怎么给他辩护？
This is the extraordinary case fabricated by the Jiangxi Discipline Inspection Commission, alleging that the younger brother bribed the older brother. Their level of fabrication might well compete with that of Lai Junchen from over a thousand years ago. Xu Chunlin, since you’ve accepted the official assignment to be this legal aid lawyer, faced with accusations from the alleged briber, do you think Wu Min is guilty or innocent? How do you plan to defend him?
结果，许春林吓得连照面都不敢打，他律所的前台联系许本人后，先是说许主任在外边，马上回来，后来，就说许主任去了外地，回不来了。这不是心虚是什么！
As a result, Xu Chunlin was so frightened he didn’t even dare to meet face-to-face. After the front desk at his law office contacted him, they initially said he was out but would return soon. Later, they said he had gone out of town and couldn’t come back. If this isn’t guilty conscience, what is?
但是，许春林心虚，律师界的质疑，整个法律圈和全国人民的关注，都不能打消江西和鹰潭方面摸黑把吴敏案判了的决心。二会其间，鹰潭中院田甘霖院长亲自到北京，通过“组织上”要求向吴敏的女儿当面解释：不是我们非要给你父亲安排法援律师，而是你父亲坚决要求组织上给他安排法律援助律师。我们这次来，就是想和家属沟通的，这样对你们好。吴敏的家属表示：见面可以，我们请的张庆方律师必须在场！田甘霖院长一听到张庆方律师的名字就来气：他是个违法律师，他发短信威胁我们鹰潭中院的领导，不能让他一起见面。
Yet, Xu Chunlin’s guilty conscience, the doubts of the legal community, and the attention of the entire legal circle and the national public have not dissuaded the Jiangxi and Yingtan authorities from their determination to unjustly conclude Wu Min’s case. During the Two Sessions, President Tian Ganlin of the Yingtan Intermediate Court personally went to Beijing, requesting to explain face-to-face to Wu Min’s daughter: It wasn’t that they insisted on assigning a legal aid lawyer to her father, but that her father had firmly requested the organization to arrange a legal aid lawyer for him. They claimed their visit was intended to communicate with the family for their benefit. Wu Min’s family responded: The meeting could take place, but their lawyer, Zhang Qingfang, must be present. Upon hearing Zhang Qingfang’s name, President Tian Ganlin became angry: “He’s a lawyer who violates the law; he sent threatening messages to our Yingtan Intermediate Court’s leadership. He cannot be allowed to attend the meeting.”
几天后，田甘霖还不死心，又向呈敏家属传话：见不见，都不影响我们开庭审理，而且，你们北京的房子，你爸也出钱了，我们也可以查！
A few days later, Tian Ganlin, still not giving up, relayed a message to Wu Min’s family: Whether or not they met would not affect the court proceedings. Moreover, they could investigate the family’s property in Beijing, which their father had also contributed to.
好个田甘霖院长，查不查家属，查不查北京的房子，在他口中，完全不是依据事实和法律，而是只凭他眼中家属是不是配合他们办冤案！
Such is President Tian Ganlin, whether investigating the family or the property in Beijing, it’s not based on facts and law in his eyes, but solely on whether the family cooperates with their wrongful case!
面对田甘霖院长前无古人后无来者的牛逼，张庆方律师也针锋相对，直接给他发了短信：田院长，我已经决定，你们敢在家属委托的律师不在场情况下审理吴敏案，开庭的当天，我带团队去最高法院门口直播，搞庭外辩护。如果你们不给中国法院系统脸，我还有什么好客气的呢！
Faced with the unprecedented audacity of President Tian Ganlin, Lawyer Zhang Qingfang responded in kind, directly messaging him: “President Tian, I’ve decided, if you dare to proceed with Wu Min’s trial without the presence of the family-appointed lawyer, on the day of the trial, I will bring my team to the Supreme Court’s doorstep to broadcast a defense outside the courtroom. If you don’t give face to China’s court system, why should I be polite?”
估计是被张律师的短信搞得有些六神无主，就 短信发出后不到一小时，吴敏的女儿接到一个多月没露头的许春林的电话：你爸通过监管中心传话，要见我一面。吴敏的女儿问：这个案子，你打算怎么辩？许春林说：我只管生活，不管辩护。
Perhaps shaken by Lawyer Zhang’s message, within an hour after sending it, Wu Min’s daughter received a call from Xu Chunlin, who hadn’t shown up for over a month: “Your father, through the detention center, requested to meet me.” Wu Min’s daughter asked: “How do you plan to defend this case?” Xu Chunlin said: “I only take care of life, not defense.”
2024年3月19日下午，许春林会见完吴敏后，和吴敏女儿有一段通话，他告诉家属：你爸现在还是信任法律援助律师，还是不信任不接受家属请的律师！
On the afternoon of March 19, 2024, after meeting with Wu Min, Xu Chunlin had a conversation with Wu Min’s daughter, telling the family: “Your father still trusts the legal aid lawyer and doesn’t trust or accept the lawyer appointed by the family.”
好一个吴敏不相信家属请的律师，只相信法援律师！这说明，江西纪委，鹰潭检法司，以及许春林，不允许公平辩论，不让家属请的律师上场，强行为比赛的另一方安排球员的企图，是王八吃秤砣——铁了心了！
What a stance from Wu Min, not trusting the lawyer appointed by his family, only trusting the legal aid lawyer! This demonstrates that the Jiangxi Discipline Inspection Commission, Yingtan’s prosecutorial and judicial bodies, and Xu Chunlin do not allow a fair debate, denying the family-appointed lawyer the opportunity to participate, and forcibly assigning another player to the opposing side of the match – a deed done with utter determination!
因此，本人作为一个执业23年的老律师，一个北大刑法博士，毕业后一天国有单位没进，直接投身法律界的法律人，郑重向全国同行发出警告：如果让江西纪委田甘霖刘赛连许春林一伙得逞，中国刑辩没有未来，中国法治没有未来，中国没有未来！
Therefore, as a lawyer with 23 years of practice, a Ph.D. in criminal law from Peking University who never spent a day in a state-owned unit after graduation and directly joined the legal profession, I solemnly warn my colleagues nationwide: If we allow the Jiangxi Discipline Inspection Commission, Tian Ganlin, Liu Sailian, and Xu Chunlin to succeed, there is no future for criminal defense in China, no future for the rule of law in China, and no future for China!
不要以为职务犯罪辩护与你无关！地方纪委的黑手，现在已经全方位掌握了民营企业家的命运，如不阻击，他们很快也会祸害整个律师界。
Do not think that defending against official crimes has nothing to do with you! The long arm of local discipline inspection commissions now fully controls the fate of private entrepreneurs. If we do not stand against them, they will soon harm the entire legal profession.
在此，我隆重向全国同行发出邀请：我们要组织许春林律师帮扶教育工作小组，下周组团去鹰潭，去许春林的律所，当面倾听：你一个老律师，置自己的体面于不顾，置整个律师业的前途于不顾，铁了心帮有司干脏活，究竟有什么难言之隐？真有困难，我们全国同行，没有不帮的道理。
Hereby, I solemnly invite lawyers nationwide: We need to organize a support and education group for Lawyer Xu Chunlin. Next week, we will go to Yingtan, to Xu Chunlin’s law office, to listen to him together: As an experienced lawyer, disregarding your own dignity and the future of the legal profession, determined to do the dirty work for those in power, what untold difficulties do you face? If there are indeed difficulties, there is no reason why we, as colleagues across the country, wouldn’t help.
鉴于许春林律师有躲避同行的前科，下周的鹰潭帮扶之行，要做好预案，人要多，许春林一天不露面，我们就两人一组，在赣鹰所值班，真到把许主任教育改造好为止。
Considering Lawyer Xu Chunlin’s history of avoiding his colleagues, we must prepare well for next week’s support trip to Yingtan. We need more people. If Xu Chunlin doesn’t show up, we will work in pairs, taking turns on duty at their office until we have successfully reformed Director Xu.
有意加入许春林帮扶教育工作小组的同行，请发我的邮箱zhangqingfang@handinglaw.com
Colleagues interested in joining the Xu Chunlin support and education group, please email me at zhangqingfang@handinglaw.com
本次帮扶活动纯属公益，没有报酬，但是吴敏家属会出各位往返鹰潭的交通和食宿费。
This support activity is purely for public benefit, without compensation, but Wu Min’s family will cover travel and accommodation expenses for everyone to Yingtan.
张庆方
Zhang Qingfang
2024年3月20日
March 20, 2024
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