持续了5天的薄熙来案庭审暂时告一段落，济南中院法官宣布将择期宣判。在德法学专家从中德法律区别角度分析此案。
（德国之声中文网）薄熙来案庭审第二天，济南法院公布薄熙来妻子谷开来证明其受贿的录像证词。夫妻反目成仇成为本次案件中颇受众人关注的焦点之一。曾著有
《法庭内外：德国法律面面观》的旅德法学专家钱跃君表示：“直系亲属作证从法律上来说不太人道。因为顾及传统观念和家庭感情，所以德国法律规定，直系亲属
可以拒绝出庭作证。法治不能破坏传统道德。”
德国法学教授浩义泽（Robert Heuser）致力于研究中国法律， 他介绍说：“以视频形式阐述证词在德国尚不合法。据我所知，美国已采纳了这种形式。” 多次参加中德法治对话的自由记者一通也认为，谷开来的录像证词的取得方式不公开不透明，不能作为法律依据。
中国特色：双轨、抗拒从严
夫妻反目成仇成为本次案件中颇受众人关注的焦点之一
2012年4月10日，据中国官媒报道，中共中央宣布薄熙来已被解除中共政治委员、中央委员职务并被双规。一通强调，薄熙来的供词是在
双规期间取得，供词获得的程序无效，所以不存在翻供问题。浩义泽也证实说：“双规期间的供词在中国理论上也是不具法律效力。双轨的做法有悖中德法律中都需
要遵循的直接原则。该原则规定，庭审过程之外的供词，不具法律效力。”
据济南中原发布的庭审现场详情，薄熙来在庭审第一天就表示，他曾向中纪委违心承认受贿事实。钱跃君继续介绍，薄熙来在庭审中澄清了许多事实。按照西方的公 正的法庭判决，一般是只可能减轻罪刑，不可能加重罪刑。而“中国的法制是不公正的、是受到政治操纵进行的。中国法庭向来有坦白从宽、抗拒从严的传统。所以 说薄熙来的自辨只会让他的罪行加重。”浩义泽则认为：“薄熙来的否认了双规时的供词，表现了一种新的自信。事态必将因此会有新的发展。”
中国法治的进步？
济南中院官博庭审全程通过微博发布消息
三位专家均表示本案的审理过程体现了中国法治的一定进步。钱跃君和浩义泽认为，从形式上来看，此案的庭审过程和西方国家相比并无大异。
钱跃君分析说：“但是因为中国的特殊环境，在我看来这是一场量身定做的审判，因为庭审之前就已经想好，何种数目公布于众是比较合理的，他们推算出行贿贪污
2500万，刚好判成死缓。实际上却远不止这个数目。”
钱跃君指出：“按照德国法律，公诉方上交公诉书后，要向法院提议被告人的罪行定量，即判什么刑，判多少年。薄案中庭审至今都未提到公诉方在这个方面的提议。”
不少中外法学专家表示，薄熙来有反驳的机会，标志中国法治的进步。而在一通看来，薄熙来案中他可以张口反驳，完全是因为政治考量大于法律考量。他说；“放 在这种大背景下来看，这并不能被称作法治进步，而更多是政治的进步，因为给了反对派发言的机会，不是公正的审判，而是政治斗争的延续。”
作者：安静
责编：谢菲
德国法学教授浩义泽（Robert Heuser）致力于研究中国法律， 他介绍说：“以视频形式阐述证词在德国尚不合法。据我所知，美国已采纳了这种形式。” 多次参加中德法治对话的自由记者一通也认为，谷开来的录像证词的取得方式不公开不透明，不能作为法律依据。
中国特色：双轨、抗拒从严
夫妻反目成仇成为本次案件中颇受众人关注的焦点之一
据济南中原发布的庭审现场详情，薄熙来在庭审第一天就表示，他曾向中纪委违心承认受贿事实。钱跃君继续介绍，薄熙来在庭审中澄清了许多事实。按照西方的公 正的法庭判决，一般是只可能减轻罪刑，不可能加重罪刑。而“中国的法制是不公正的、是受到政治操纵进行的。中国法庭向来有坦白从宽、抗拒从严的传统。所以 说薄熙来的自辨只会让他的罪行加重。”浩义泽则认为：“薄熙来的否认了双规时的供词，表现了一种新的自信。事态必将因此会有新的发展。”
中国法治的进步？
济南中院官博庭审全程通过微博发布消息
钱跃君指出：“按照德国法律，公诉方上交公诉书后，要向法院提议被告人的罪行定量，即判什么刑，判多少年。薄案中庭审至今都未提到公诉方在这个方面的提议。”
不少中外法学专家表示，薄熙来有反驳的机会，标志中国法治的进步。而在一通看来，薄熙来案中他可以张口反驳，完全是因为政治考量大于法律考量。他说；“放 在这种大背景下来看，这并不能被称作法治进步，而更多是政治的进步，因为给了反对派发言的机会，不是公正的审判，而是政治斗争的延续。”
作者：安静
责编：谢菲
Bo Xilai trial as blogged by the court - Day Five
Mr Bo said that his former police chief had feelings for his wife Gu Kailai
The court at which disgraced Chinese politician Bo Xilai is being tried has taken the unprecedented step of posting updates of his trial on Sina weibo, one of China's Twitter-like microblogs.
The fifth and final day of the trial saw both the prosecution and the defence making closing statements.Prosecutors said Bo Xilai should not be shown leniency because of the seriousness of the charges against him. For his part, Mr Bo once again denied the charges of bribery, corruption and abuse of power.
'Superior orders' redacted
The trial began at 08:30 (00:30GMT) on Monday, with the prosecution making its statement. The court released its first transcript of the day about an hour later, but then removed the post at least once.When the final version was up, a section appeared to have been removed. This appears to have contained a reference to Bo Xilai saying he was following orders of "superiors" in obtaining a fake medical certificate for his former police chief, Wang Lijun.
The first sign of Wang Lijun's fall from favour - which came ahead of his flight to the US consulate - came in a report in February 2012 that he had been sent for "holiday-style medical treatment".
The prosecution's statement made it clear there should be no leniency towards Mr Bo.
"The defendant's crimes are extremely grave, and he also refuses to admit guilt. As such, the circumstances do not call for a lenient punishment but a severe one, in accordance with the law," it read.
On his wife Gu Kailai's villa in Cannes, the prosecution said Mr Bo knew about it but did not act on the knowledge and did not ask her to return it.
Prosecutors also condemned Mr Bo for withdrawing a pre-trial confession.
"Over the past few days of the trial, the accused Bo Xilai has not only flatly denied a vast amount of conclusive evidence and facts of his crimes, he has also repudiated his pre-trial written testimony and materials," the prosecutor reportedly said.
"We take this opportunity to remind Bo Xilai: the facts of the crimes are objective, and can't be shifted around on your whim."
'He loved Gu'
The court released a second transcript of Bo Xilai's statement a few minutes before noon, in which Mr Bo rejected the prosecution's allegations and said his withdrawal of an earlier confession was lawful.He also denied he received bribes from businessman Tang Xiaolin and that he was aware of businessman Xu Ming's financial dealings with his family.
As for Wang Lijun, Mr Bo was quoted as saying he blamed Wang's flight to the US consulate on his love for his wife, Gu Kailai.
"He was secretly in love with Gu Kailai," Mr Bo reportedly said. "He muscled in on my home, on my feelings, which is the real reason for his defection."
Mr Bo said he saw Wang confessing his feelings for Gu. Wang, Mr Bo said, was feeling so emotional that Wang slapped himself across the face eight times.
Gu Kailai told Wang, "I think you are not sane", to which Wang replied, "I have been insane, but now I am sane".
He said all his previous written confessions were done against his will. He said he "still had a hope at the time, which was to keep my party membership and to keep my political career alive".
Court concludes trial
A vehicle believed to be carrying Bo Xilai leaves the court in Jinan province
The verdict of the trial at the Jinan Intermediate People's Court would be delivered "at a date to be decided", says state news agency Xinhua.
Bo Xilai trial as blogged by the court - Day One
Bo Xilai trial as blogged by the court - Day Two
Bo Xilai trial as blogged by the court - Day Three
Bo Xilai trial as blogged by the court - Day Four
|
By EDWARD WONG and JONATHAN ANSFIELD
What has most captivated ordinary Chinese - thanks to headlines in
major state media outlets - is a mountain of testimony that depicts Mr.
Bo as the archetypal corrupt official.
薄熙來與王立軍法庭上當庭對質
黃安偉, 安思喬 2013年08月25日
Jinan Intermediate People's Court, via Associated Press
周六在薄熙來案庭審中，王立軍（右）為檢方作證。
中國濟南——周六，倒台的共產黨政治明星薄熙來與王立軍當庭對質，對薄熙來的庭審達到了戲劇性的高點。去年，前公安局長王立軍逃往美國領事館，引發了幾十年來震動共產黨的最大丑聞。
這是2012年2月以來，這兩人為人所知的第一次見面。那時王立軍逃離了已由薄熙來掌管四年的西南部大城市重慶，前往附近城市的美國領事館。在那裡，王立軍告訴美國官員，薄熙來的妻子毒死了英國商人尼爾·海伍德(Neil Heywood)，而他因知悉這起謀殺案，受到了薄熙來的迫害。
薄熙來受到濫用職權的指控，他被控採取措施避免海伍德被謀殺一案外泄，包括把王立軍降職。在周六的證詞中，薄熙來表示對導致王立軍出逃的事件，在一定程度上負有責任。
薄熙來陳述道，「我有過失，我有錯誤，我很慚愧，我也願意承擔相應的責任，但是罪與非罪是另外一個問題。」他補充說，他沒有徇私枉法來袒護他的妻子，因為他不相信她殺害了海伍德，而他在王立軍逃到領事館之前將其降職，是因為他認為王立軍的身體狀況不穩定。
王立軍因叛逃和其他罪行被判處15年有期徒刑，他在周六的
審理中出庭作證。他戴着眼鏡，身穿白色襯衫，頭髮整齊地分開，與當年身為薄熙來手下的執法官員時的形象一樣。王立軍作證說，2011年11月14日，薄熙
來的妻子谷開來秘密地向他承認，她剛剛毒害了海伍德。王立軍與谷開來關係密切並保守了這個秘密，但在2012年1月下旬，他告訴薄熙來，海伍德是其妻毒害
的。
他說，第二天相見時，薄熙來在其他官員面前對他大聲叫罵，並且一拳打在他臉上。「我身體稍稍動了一下，」王立軍說。「我發現我的嘴角流血，耳朵流東西。」
在作證時，薄熙來說他打王立軍是因為他認為王立軍是在捏造針對其妻的指控。「我對這個不能接受，我非常氣憤，當時我是摔了杯子，」薄熙來說。
除了濫用職權的指控，薄熙來還被控受賄和貪污公款合計約440萬美元（約合2700萬元人民幣)。濫用職權是審訊中處理的最後一項指控，這次審訊開始於周四，至少要持續到周一。薄熙來對所有指控都表示不認罪。
薄熙來是一名民粹主義政治人物，也是共產黨革命領袖的兒子，他在2012年3月被免職。不久之後，謀殺指控被公之於眾。去年，谷開來因故意殺人，被判處死緩，實際上等於終生監禁。
周六，薄熙來一家聳人聽聞的秘密，被揭露給了數以百萬計關注此事的中國人。他們通過一個不斷更新的法庭微博賬戶，密切關注着庭審的進展，該微博賬戶是黨的官員為了讓審判顯得合法而設立的。
當天早些時候，被告人薄熙來否認了貪污的指控。之前，一名
前同事作證說，薄熙來安排谷開來接受了500萬元公款，該款項原用於2000年代初期的一項涉密建設項目。薄熙來說，在他的妻子發現他有外遇之後，她與他
們的兒子薄瓜瓜一起去了英國，在2000年到2007年之間主要生活在那裡，那時他們的兒子在那裡上學。薄熙來說，谷開來作為律師存了一大筆錢，大約有兩
三千萬元人民幣的現金和資產，約合330萬至500萬美元，而他的兒子有獎學金支持學業，因此他不需要貪污公款。
薄熙來承認通姦立刻被一些中國門戶網站所抓住，其中一篇文章的標題是，「薄熙來當庭承認曾有過外遇谷開來賭氣攜子赴英」。
這個例子顯示出，經官方批准的中國大型新聞門戶網站是如何發出統一聲音，強調公訴人提出的不利於薄熙來的證據的，具體到外遇一事，也顯示出是如何把他和醜聞聯繫在一起。
去年9月，共產黨公布了黨內認定薄熙來存在的問題。在公布時，共產黨還決定在其中包含通姦的指控，稱他「與多名女性發生或保持不正當性關係」。周六，薄熙來家庭的一個熟人透露，薄熙來和谷開來在2000年之前都有外遇。
這名熟人，以及另一名了解庭審過程、接近薄熙來家庭的人士
透露，薄熙來在庭上提出的一些最有力的陳述，沒有記錄在現場實錄中，也並沒有發佈在法院的微博上。他們透露，薄熙來周四在庭上表示，他去年之所以向調查人
員承認受賄，是因為受到警告，其妻可能會被判處死刑，而他剛剛從哈佛大學(Harvard)畢業的兒子可能會被帶回中國受審。
薄熙來用一句中國俗語告訴法庭，「我感覺自己一身系兩命。」
這兩位與薄家相熟的人士透露，在周五的記錄中漏掉的另一個細節，也涉及薄熙來描述的調查人員向他施加的壓力。他們透露，薄熙來在陳述中說，自己被訊問了數百次，並且暈倒了27次。
周六在法庭上，王立軍作證說，薄熙來曾毆打他，並為了掩蓋
謀殺將他降級。但薄熙來說，他並未嘗試掩蓋，因為他絕不相信發生了謀殺。他向谷開來詢問了這一指控，但谷開來使他相信王立軍是在試圖陷害她。作為證據，她
展示了海伍德的死亡證明，上面有海伍德妻子的簽名，其中說他的死因是酗酒後心臟病發作。
薄熙來說，「在我印象中谷開來是一個文弱女子，她不可能殺人。」
與薄家相熟的一名人士透露，周六薄熙來似乎得到了更多講話的空間，並且比前一天進行了更有力的辯護。他說，在開庭首日薄熙來作出猛烈辯護之後，官員周五在法庭上為薄熙來設置了更嚴格的限制，並且收緊了發佈在微博上的信息。
中國新聞媒體對於周六法庭激斗的報道清楚地說明，共產黨當局仍然決心要處理薄熙來，估計他將被判處長期徒刑。庭審的前三天里，沒有發佈過任何能聽到薄熙來講話的音頻或視頻，他的陳述只能通過記錄的文字看到。
官方媒體《法制日報》周六發表文章總結稱，薄熙來在貪污指控中的證詞「證明了其具有貪污的故意」。該報由中共中央政法委員會領導。
黃安偉(Edward Wong)和安思喬(Jonathan Ansfield)是《紐約時報》駐京記者。Patrick Zuo對本文有研究貢獻。翻譯：林蒙克
Fallen Chinese Official, at His Trial, Faces Accuser Who Set Scandal in Motion
and August 25, 2013
JINAN, China — In a dramatic high point of his
trial, Bo Xilai, the fallen Communist Party star, faced off in court on
Saturday with Wang Lijun, the former police chief whose flight to an
American consulate last year set off the biggest scandal to shake the
party in decades.
It was the first time the two were known to have seen each other since February 2012, when Mr. Wang fled the southwest metropolis of Chongqing,
which Mr. Bo governed for four years, for the nearby consulate. There,
Mr. Wang told American officials that Mr. Bo’s wife had poisoned a
British businessman, Neil Heywood, and that Mr. Bo was persecuting Mr.
Wang because he knew about the murder.
Mr. Bo stands charged with abusing his power
through moves to suppress exposure of the Heywood murder, including
demoting Mr. Wang. In his testimony on Saturday, Mr. Bo took blame, to a
degree, for the episode leading to Mr. Wang’s flight.
“I made mistakes; I am very
ashamed and I am willing to take appropriate responsibility, but
whether it’s a crime or not a crime is another matter,” Mr. Bo
testified. He added that he had not bent the law to protect his wife,
because he did not believe that she had killed Mr. Heywood, and that he
demoted Mr. Wang right before he fled for the consulate because he
believed that Mr. Wang was unstable.
Mr. Wang, who is serving a
15-year prison sentence for defection and other crimes, took the witness
stand on Saturday for the prosecution. In glasses, a white shirt and
neatly parted hair, he looked much as he did when he served as Mr. Bo’s
enforcer. Mr. Wang testified that Mr. Bo’s wife, Gu Kailai, secretly
confessed to him on Nov. 14, 2011, that she had just poisoned Mr.
Heywood. Mr. Wang was close to Ms. Gu and kept this a secret, but in
late January 2012, he said, he told Mr. Bo that his wife had poisoned
Mr. Heywood.
At a meeting the next day,
he said, Mr. Bo bawled him out in front of other officials and punched
him in the face. “My body was shaking a bit,” Mr. Wang said. “I
discovered that the corner of my mouth was bleeding. Fluid was coming
from my ears.”
In his testimony, Mr. Bo
said he had slapped Mr. Wang for what he thought were fabricated
accusations against his wife. “I couldn’t accept this, I was furious, I
smashed a mug to the ground,” Mr. Bo said.
Besides the abuse of power
charge, Mr. Bo is charged with taking bribes and embezzling amounts
totaling $4.4 million. The abuse of power charge is the last one to be
addressed in the trial, which began Thursday and is expected to run at
least through Monday. Mr. Bo has pleaded not guilty to all charges.
Mr. Bo, a populist politician
and the son of a Communist revolutionary leader, was dismissed from his
post in March 2012. Soon afterward, the murder allegations became
public. Ms. Gu was convicted of murder a year ago and given a suspended
death sentence, essentially life in prison.
On Saturday, lurid Bo family secrets were laid bare to millions of fascinated Chinese who have been following the trial on a running court microblog that party officials set up in an effort to give the trial an air of legitimacy.
Earlier in the day, the
defendant rejected accusations of embezzlement after a former colleague
testified that Mr. Bo had arranged for Ms. Gu to accept $820,000 of
government money earmarked for a secret construction project in the
early 2000s. Mr. Bo said that after his wife found out about an
extramarital affair of his, she left for Britain with their son, Bo
Guagua, and lived mainly there from 2000 to 2007, while their son was in
school. Mr. Bo said Ms. Gu, a lawyer, had saved a lot of money — $3.3
million to $5 million in cash and assets — and his son had scholarships
for his schooling, so he had no need to steal government money.
Mr. Bo’s admission of
adultery was immediately seized on by Chinese Web portals, one of which
posted the headline “Bo Xilai Admits in Court Having Had an Affair, Wife
Took Son off to England in a Rage.”
It was an example of how
China’s major state-approved news portals were presenting a unified
voice to highlight the prosecution’s evidence against Mr. Bo or, as in
the case of the affair, to taint him with scandal.
Last September, when the
Communist Party announced its findings against Mr. Bo, it decided to
include the accusation of adultery, saying he “had or maintained
improper sexual relationships with a number of women.” A Bo family
associate said Saturday that Mr. Bo and Ms. Gu both had had affairs
going back before 2000.
The associate and another
person close to the Bo family who has been briefed on the trial
proceedings said some of Mr. Bo’s strongest assertions in court had been
kept from the transcripts released on the court microblog. On Thursday,
they said, Mr. Bo told the court that he had made one bribery
confession last year to investigators only after being warned that his
wife could be given the death sentence and his son, who had just
graduated from Harvard, brought back to China to face charges.
“I felt like there were two other lives tethered to mine,” Mr. Bo told the court, using a Chinese proverb.
Another detail left out of
the transcripts on Friday also involved the pressure Mr. Bo said
investigators had put on him, the two family associates said. They said
he had testified that he had been interrogated hundreds of times and
fainted 27 times.
In court on Saturday, Mr.
Wang testified that Mr. Bo had assaulted and then demoted him to cover
up the murder. But Mr. Bo said there was no cover-up attempt because he
never believed that a murder had occurred — he asked Ms. Gu about the
allegation, but she convinced him that Mr. Wang was trying to frame her.
As proof, she presented Mr. Heywood’s death certificate, signed by Mr.
Heywood’s wife, which said he had died of a heart attack after heavy
drinking.
“In my impression, Gu Kailai was a gentle and feeble woman; she couldn’t possibly kill someone,” Mr. Bo said.
Mr. Bo was seemingly
afforded more room to speak on Saturday and mounted a feistier defense
than he did a day earlier, according to one of the Bo family associates.
He said officials had placed stricter courtroom limitations on Mr. Bo
on Friday after his spirited defense on opening day, and tightened the
information released on the microblog.
Chinese news media coverage
of the courtroom drama on Saturday left no question that party
authorities remained determined to dispense with Mr. Bo, who is expected
to be sentenced to a long prison term. For three days now, no audio or
video clips have been released in which Mr. Bo can be heard speaking.
His statements are presented only via the transcripts.
An article on Saturday in
The Legal Daily, an official newspaper under the guidance of the party’s
political and legal affairs committee, concluded that the testimony on
the embezzlement charges “proves deliberate corruption on his part.”
Patrick Zuo contributed research.
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