最高人民法院张军院长、沈亮副院长：
Chief Justice Zhang Jun and Deputy Chief Justice Shen Liang of the Supreme People’s Court:
本人是北京市汉鼎联合律师事务所张庆方律师，在代理由江西省纪委调查处理，目前正在鹰潭市中级人民法院审理的前吉安市人大主任吴敏受贿案过程中，我发现主持该案审理的鹰潭中院田甘霖院长、刘赛连副院长完全丧失了专业法官的职业操守，无条件地配合江西纪委制造冤案，非法剥夺吴敏的辩护权，非法剥夺行贿人同案同庭审判的权利，妄图在吴敏家属为其聘请的律师不到庭，吴敏的行贿人不到庭的情况下，黑箱操作，将一起江西纪委炮制的特大冤案，以人民法院的名义最终完成。
I am Zhang Qingfang, a lawyer at Beijing Handing United Law Firm. While representing Wu Min, the former director of the People’s Congress of Ji’an City, Jiangxi Province, whose bribery case is currently being tried at the Intermediate People’s Court of Yingtan, I have discovered that the presiding judges, Dean Tian Ganlin and Deputy Dean Liu Sailian of the Yingtan Intermediate Court, have completely lost their professional judicial ethics. They have unconditionally cooperated with the Jiangxi Commission for Discipline Inspection (CDI) to fabricate a miscarriage of justice, illegally depriving Wu Min of his right to defense and the briber’s right to a joint trial. They aim to manipulate behind closed doors and finalize this major wrongful case crafted by the Jiangxi CDI in the name of the People’s Court, without the presence of Wu Min’s family-appointed lawyer or the briber.
本人作为一个法律人，如果任由江西纪委和鹰潭中院肆意妄为而不举报，不制止，将来其他地方的纪委和法院也会有样学样，地方纪委就有了随意抓人，任意确定犯罪金额，全程脱离来自家属、律师、社会和其他国家机关监督制约的法外特权，中国地方法院系统将彻底丧失独立地位，沦为地方纪委罗织假案的帮凶和工具，中国一千多万公务人员将不再拥有辩护权，中国刑事法治将成为一具没有灵魂的僵尸！
As a legal professional, if I allow the Jiangxi CDI and the Yingtan Intermediate Court to act recklessly without reporting or stopping them, other local CDIs and courts might follow suit. Local CDIs could arbitrarily detain people and set criminal amounts, completely isolated from supervision by families, lawyers, society, and other state organs. This would grant them extrajudicial privileges. The Chinese local court system would completely lose its independence, becoming an accomplice and tool for local CDIs to fabricate cases. Over ten million Chinese civil servants would no longer have the right to defense, and China’s criminal justice would become a soulless zombie.
吴敏案，存在以下严重程序违法：
In Wu Min’s case, there are serious procedural violations:
1、 江西省纪委专案组假借地方公安和纪委名义，踢开监察法和刑事诉讼法，超越法定职权和法定期限办案。为了构陷吴敏，江西省纪委先提前半年将吴敏的亲弟弟，吉安民营企业家吴忠于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，出具指定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。吴忠被以涉嫌介绍卖淫罪关押半年，以涉嫌行贿罪关押半年，共一年后，江西纪委又于2023年12月份，让南昌市公安局青山湖分局，以涉嫌虚开增值税发票罪，继续对吴忠指定居所监视居住，地点是在纪监委的进贤廉政教育中心，还是由省纪委专案组的人逼问他向亲哥哥吴敏行贿的所谓事实。总之，在吴忠案中，地方公安完全成了江西省纪委制造假案的工具，是谁给纪委的这个权力？
1. The Jiangxi CDI’s special team, under the guise of local public security and CDI, bypassed the Supervisory Law and Criminal Procedure Law, exceeding their statutory powers and time limits for handling cases. To frame Wu Min, they first detained his younger brother, Wu Zhong, a private entrepreneur from Ji’an, six months in advance in December 2022, on trumped-up charges of introducing prostitution, facilitated by the Changshu County Public Security Bureau, which issued a residential surveillance order and detained Wu Zhong at the so-called Integrity Education Base of the Changshu CDI. Six months later, the Anyi County CDI detained Wu Zhong at the Anyi County Integrity Base on charges of bribery. During this time, the Jiangxi CDI’s special team interrogated Wu Zhong in three shifts a day, totaling eighteen hours, to extract confessions about his brother Wu Min. Wu Zhong’s family-hired lawyer requested a meeting, but the Changshu Public Security Bureau, which issued the residential surveillance order, said, “This is a CDI case, we can’t manage it.” After transferring to the Anyi Integrity Base, there were even fewer opportunities for lawyer visits. Wu Zhong was detained for six months on suspicion of introducing prostitution and another six months on suspicion of bribery. In December 2023, the Qingshanhu Branch of Nanchang Public Security Bureau continued to hold Wu Zhong under residential surveillance on suspicion of issuing fake VAT invoices, at the Jinxian Integrity Education Center of the Discipline Inspection Commission, where the provincial CDI’s special team continued to coerce him into confessing the so-called facts of bribing his older brother, Wu Min. In essence, in Wu Zhong’s case, the local public security became a tool for the Jiangxi CDI to fabricate cases. Who gave the CDI this power?
二、非法剥夺吴敏的辩护权。2023年5月30日，江西省纪委监委以涉嫌受贿罪对吴敏留置，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。
2. Illegal deprivation of Wu Min’s right to defense. On May 30, 2023, the Jiangxi CDI detained Wu Min on suspicion of bribery, and more than five months later, transferred him from the Integrity Center to the Yingtan City Compulsory Isolation Rehabilitation Center (supervised branch of Yingtan People’s Hospital) for detention, later transferring him to the Yingtan City Procuratorate for prosecution. The Procuratorate charged him with bribery on December 22, 2023, and filed the case with the Yingtan Intermediate Court. However, it was not until January 11, 2024, that the Jiangxi CDI officially announced it.
2024年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, lawyer Wang Chunli, carrying the family’s mandate, went to meet Wu Min at the Yingtan Supervisory Hospital, where the hospital stated: “This is a CDI case; lawyer visits must be approved by the CDI.” Lawyer Wang Chunli challenged this: “The case is already in court, what right does the CDI have to interfere with lawyer visits?” The hospital staff replied that they could only follow the CDI’s instructions.
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？薄熙来不也是套房子？一查，查出来一个清官。这又怎么样？这就是政治！李克强总理不都死了吗？死了不就死了？这就是政治。你们还有什么想不开过不去的！
In fact, at that time, under the directive of the Jiangxi CDI, the Yingtan Procuratorate and Justice Bureau had already arranged a legal aid lawyer for Wu Min, local lawyer Wu Wenzhao. In front of the family, Wu Wenzhao was very candid: “Your family’s case is a matter of using someone else to commit murder; it’s a political case. Isn’t it just about a house? Wasn’t Bo Xilai also about a house? They investigated and found a clean official. So what? This is politics! Didn’t Premier Li Keqiang die? He died, so he died. That’s politics. What can’t you get over?”
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，第二天就撤换掉了吴文兆，同时又无缝对接地给吴敏安排了新的法援律师许春林！
Regarding the outrageous statements by lawyer Wu Wenzhao, Zhang Qingfang and lawyer Wang Chunli publicly exposed them online on January 18, 2024, and reported them to the Yingtan Intermediate Court. Deputy Dean Liu Sailian of the Yingtan Intermediate Court, who presides over Wu Min’s case and whose master’s thesis at Nanjing University had a 63% plagiarism rate, acted quickly. The next day, he replaced Wu Wenzhao and seamlessly arranged a new legal aid lawyer, Xu Chunlin, for Wu Min.
对于江西纪委和鹰潭中院强行排斥家属请的律师，硬给当事人安排法律援助律师的做法。有法律人一针见血地指出：这是比黑哨还黑！黑哨，只是影响结果。安插占坑律师，相当于连对方球员上场的机会都剥夺了。连球员都是你派的了，对方还有赢的机会？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？
Regarding the forceful exclusion of family-hired lawyers by the Jiangxi CDI and Yingtan Intermediate Court, and the imposition of legal aid lawyers on the parties, legal professionals pointed out sharply: This is darker than match-fixing! Match-fixing only affects the result. Planting a placeholder lawyer is like depriving the opposing player of even the chance to play. If all the players are yours, does the opposition have any chance of winning? If such arrangements are tolerated, is there any space left for criminal defense lawyers in China in cases of official crimes?
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，已经发明出检法司加律协四方会商机制的我天朝，都没有对我们争取辩护权、会见权的维权要求有一个答复。
In firm opposition to the imposition of placeholder lawyers on Wu Min by Yingtan authorities, we organized a major essay competition on placeholder defense before the Spring Festival. In just eight days, we received 66 papers from lawyers and academics nationwide, thoroughly discussing the manifestation and harms of placeholder defense. We also submitted the collection of essays and a summary report to the responsible authorities, who indicated they would support the family’s hired lawyers. However, to this day, our country, which has devised a quadripartite consultation mechanism involving the judiciary, the prosecutor’s office, and the lawyers’ association, has not responded to our demands for the right to defense and visitation.
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？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。
Meanwhile, I also sent a request to the Public Security Ministry’s Supervision Bureau, which had previously hired inspectors to ensure lawyers’ visitation rights, requesting a meeting with Wu Min to ask him in person why he does not trust the lawyers hired by his family and why he insists on having a lawyer arranged by the so-called organization. However, once the Public Security Ministry’s Supervision Bureau heard that it was a case handled by the Jiangxi CDI, they indicated that it would be difficult to address.
我们也曾向江西高院举报鹰潭中院排斥家属请的律师违法，但是，江西高院一看是省纪委办的案子，直接拒绝受理。
We also reported to the Jiangxi High Court the illegal exclusion of family-hired lawyers by the Yingtan Intermediate Court, but the Jiangxi High Court, upon seeing that it was a case handled by the provincial CDI, directly refused to accept the complaint.
如果允许地方纪委在将自己办理的案件移送司法后，还拥有排斥家属请的律师辩护的权力，还要辩护制度干什么？
If local CDIs are allowed to retain the power to exclude lawyers hired by families after transferring their cases to the judiciary, what is the purpose of having a defense system?
剥夺行贿人的辩护权。本案中，江西纪委移送的吴敏1190万的受贿数额，全部是亲弟弟吴忠对哥哥的行贿。行贿犯与受贿犯作为对偶犯，只有保障权钱交易的两方同庭受审，才有助于查明真相。但是，江西纪委却有意违法分案，哥哥吴敏受贿案去年12月就已经起诉到法院，作为行贿人的弟弟吴忠，至今仍未移送到检察院。江西省纪委这么安排的目的，就是让吴敏吴忠兄弟一家的律师，都看不到纪委的案卷，在吴敏案判决前，掌握不到纪委违法办案的证据。吴忠的律师多次到鹰潭中院，要求将吴忠和吴敏同案同审，以有利于查清真相，至少，也应该让吴忠作为吴敏案中的重要证人，在审理吴敏案时出庭陈述事实。但是，鹰潭中院对这一正当无比的要求，先是不肯正面答复，现在连律师的电话也不接了。审理受贿的案子拒绝行贿人出庭讲出真相，还有比这更黑心更无耻的法院吗？
Deprivation of the briber’s right to defense. In this case, the entire amount of RMB 11.9 million in bribes attributed to Wu Min by the Jiangxi CDI was given by his younger brother, Wu Zhong. As paired offenders in bribery and receiving bribery, only by ensuring that both parties to the money transaction are tried together can the truth be uncovered. However, the Jiangxi CDI deliberately split the case illegally; Wu Min’s bribery case was already prosecuted last December, and Wu Zhong, the briber, has still not been transferred to the procuratorate. The purpose of the Jiangxi CDI’s arrangement is to prevent the lawyers of the Wu brothers from seeing the CDI’s case files, preventing them from obtaining evidence of the CDI’s illegal case handling before the verdict in Wu Min’s case. Wu Zhong’s lawyers have repeatedly gone to the Yingtan Intermediate Court, requesting a joint trial of Wu Zhong and Wu Min to help clarify the truth, or at least to allow Wu Zhong to testify as a key witness in Wu Min’s case. However, the Yingtan Intermediate Court initially refused to respond to this entirely legitimate request, and now they are not even answering the lawyers’ calls. Is there a more malicious and shameful court than one that refuses to let the briber testify to the truth in a bribery case?
江西纪委和鹰潭中院在吴敏案中如此处心积虑地拒绝家属为其请律师，拒绝作为行贿人的弟弟吴忠出现在吴敏的法庭上，究竟担心什么？要掩盖什么？吴敏案实体上能否经得起检验？
What exactly are the Jiangxi CDI and Yingtan Intermediate Court afraid of by so calculatingly refusing the family’s hired lawyers and denying Wu Zhong, the bribing brother, the opportunity to appear in Wu Min’s court? What are they trying to cover up? Can Wu Min’s case withstand substantive scrutiny?
对此，官方安排的第一拨法律援助律师吴文兆就当着吴敏家属的面说得非常露骨：我做了二十年律师，没见过你们家这样的清官：没收到一个外人和企业一分钱，除老婆之外没一个女人。但是，有人借刀杀人，人家把省纪委做通了，你们是冤，但是，也只能接受！只要省纪委立了案，省内任何一个法院敢不判？除非你们在中纪委有人。
Regarding this, the first batch of officially arranged legal aid lawyers, Wu Wenzhao, said very bluntly in front of Wu Min’s family: “I have been a lawyer for twenty years, and I’ve never seen such an honest official in your family: not a single penny received from outsiders or businesses, no women other than his wife. But someone has used others to commit murder; they’ve gotten the provincial CDI on their side. You are wronged, but you can only accept it! As long as the provincial CDI has filed the case, would any court in the province dare not to convict? Unless you have connections in the Central Commission for Discipline Inspection.”
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多，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。其罗织水平，比一千多年前的来俊臣前辈也不遑多让吧？
Wu Min, as a senior official, has been in office for decades. After more than a year of investigation by a special team of hundreds from the Jiangxi CDI, the result they presented contained no bribes from outsiders; all RMB 11.9 million in bribes were from his younger brother, Wu Zhong, and were all bizarre: In 2008, Wu Zhong bought an apartment in Beijing for RMB 1.8 million, which he sold to his brother Wu Min in 2018 for RMB 4.5 million. The Jiangxi CDI determined that the market price of this apartment at the time was RMB 7.5 million, and the RMB 3 million difference was considered bribery from the younger brother to the older brother. The Jiangxi CDI also forced Wu Zhong to admit that he had promised to give his brother and sister-in-law RMB 4 million in retirement funds after his brother’s retirement. This baseless promise of retirement funds was also brazenly included in the indictment. The Jiangxi CDI also turned several large cash withdrawals from Wu Zhong’s company into evidence, forcing the brothers to admit this was money the younger brother gave to the older brother. If they did not admit it, their whole family would be arrested. Their level of fabricating charges is not inferior even to that of Lai Junchen from over a thousand years ago, right?
就是这么一起彻头彻尾的冤案，在家属强烈反对官方安排法律援助律师，在弟弟吴忠写出血书，强烈要求到哥哥受审的法庭上讲出被纪委专案组残酷地逼供真相的情况下，鹰潭中院却于2024年4月7日，通知吴敏家属：本案将于4月11号上午9点，在鹰潭中院第二审判庭开庭审理。而吴敏家属委托人律师，也就是本人，和贵阳的王春丽律师，仍然被鹰潭中院以吴敏本人不接受为由，不允许出庭为其辩护。同样，对弟弟吴忠的出庭作证申请，鹰潭中院也置之不理。
Such a thoroughly wrongful case, in which the family strongly opposed the officially arranged legal aid lawyers and the younger brother Wu Zhong wrote a blood letter strongly requesting to tell the truth about the cruel forced confessions by the CDI’s special team in his older brother’s court, the Yingtan Intermediate Court nevertheless informed Wu Min’s family on April 7, 2024, that the case would be tried at 9 a.m. on April 11 in the Second Courtroom of the Yingtan Intermediate Court. The family’s appointed lawyers, including myself and Wang Chunli from Guiyang, were still denied by the Yingtan Intermediate Court from appearing in court to defend him on the grounds that Wu Min himself did not accept it. Likewise, the court ignored the application for Wu Zhong, the younger brother, to testify.
江西纪委能够制造出一个亲弟弟向亲哥哥行贿案，就已经让全国老百姓瞠目结舌了，鹰潭中院不顾体面粗暴地拒绝吴敏家属为其请的律师，更让国人对这个案件的幕后充满了好奇。而法律界良心人士则对本案对中国法治的影响忧心忡忡：地方纪委强势到说一不二，地方法院卑微到不如奴婢。如此怪状如果听之任之，还要法院干什么？让纪委直接对官员定罪不更省事！
The fact that the Jiangxi CDI could fabricate a case of a younger brother bribing his older brother has already stunned the public nationwide. The Yingtan Intermediate Court’s brutal refusal to accept the lawyers hired by Wu Min’s family, ignoring decency, has filled the public with curiosity about what’s really behind this case. Legal professionals with a conscience are deeply worried about the impact of this case on Chinese rule of law: local CDIs are so powerful that they brook no dissent, and local courts are so subservient they might as well be slaves. If such grotesqueries are allowed to continue unchecked, what is the point of having courts? Wouldn’t it be more straightforward to let the CDI directly convict officials?
尊敬的最高法院领导，本人作为吴敏家属为其请的律师，为了制止江西省纪委和鹰潭中院的胡作非为，已经用尽了一切可能的手段。很明显，这个案子，目前在江西省不可能得到纠正，也只有最高法和中纪委，有能力纠正。中纪委是否有动机纠正，本人不去猜测。但是，作为最高审判机关的最高法，如果对职务犯罪审判中人民法院完全被边缘化，工具化的事实听之任之，最终损害的，不仅仅是法院系统的信誉，放任纪检权力不受制约的恶果，将是全国十四亿人，人人自危，没人能独享安全和尊严。
Respected leaders of the Supreme Court, as the lawyer hired by Wu Min’s family, I have exhausted all possible means to stop the reckless actions of the Jiangxi CDI and the Yingtan Intermediate Court. Clearly, this case cannot currently be rectified in Jiangxi Province, and only the Supreme Court and the Central Commission for Discipline Inspection have the power to rectify it. I will not speculate on whether the Central Commission for Discipline Inspection has the motivation to rectify it. However, as the highest judicial authority, if the Supreme Court allows the fact that the People’s Courts have been completely marginalized and instrumentalized in the trial of official crimes to go unaddressed, the ultimate harm will not only be to the reputation of the court system. The consequences of allowing disciplinary power to go unchecked will endanger the safety and dignity of all 1.4 billion people in the country; no one will be able to enjoy safety and dignity alone.
当然，最高法院不去做分内之事，不去维护中国刑事审判的体面，我也不相信地方纪委可以长期为所欲为。强梁者不得其死！中国历史上，曾经上演过多少次相似的一幕。但是，谁人又能改变历史的方向？目前严重破坏中国法治的魑魅魍魉，不久的将来，总会有人收拾他们。只是，如果最高审判机关在这个过程中无所作为，史笔如铁，你们这些管事的人，历史不会对你们宽恕！
Of course, if the Supreme Court does not do its duty and fails to uphold the dignity of criminal trials in China, I do not believe that local CDIs can act with impunity for long. The bully does not meet their just end! How many similar scenes have been played out in Chinese history? But who can change the course of history? The demons currently severely damaging China’s rule of law will eventually be dealt with by someone. However, if the highest judicial body does nothing in this process, history, as unyielding as iron, will not forgive those in charge.
最后，我还是希望最高法院领导能够为天下苍生计，为自己的前途计，做正确的事，负起审判机关的最后把关作用，制止地方纪检权力的肆无忌惮。不然，天下将被其祸，而吾获先知之名，悲夫!
Lastly, I still hope that the leaders of the Supreme Court will consider the welfare of the people and their own futures, do the right thing, and fulfill the final safeguarding role of the judicial authorities to curb the unrestrained power of local disciplinary inspections. Otherwise, the world will suffer their calamity, and I, having foreseen this, will be known as a prophet, alas!
张庆方 北京市汉鼎联合律师事务所律师
2024年4月10日
张庆方律师手机：13910405610
Zhang Qingfang，Lawyer at Beijing Handing United Law Firm
April 10, 2024
Mobile: Zhang Qingfang, 13910405610