【禁闻】中共的“烫手山芋”薄案如何审理?

2013年03月12日薄熙来大案
【新唐人2013年03月12日讯】中央政治局委员兼重庆市委书记孙政才,日前出席“两会”记者会时表示,薄熙来案件已移送司法机关,目前案件的侦查情况正在依法进行当中。如何审判前重庆市委书记薄熙来﹖被指为习近平“跨不过的火焰山”,和中共的“烫手山芋”。同时,中共能否对薄案进行公开的审判﹖网民们普遍质疑!

香港媒体曾经披露,薄熙来落马后,始终不愿配合中纪委调查,并要求与中共某高层领导直接谈判。另有中共司法界高官单独与薄谈判,表示:只要薄熙来配合审理可以宽大处理,但遭薄熙来拒绝。薄熙来表示,他愿意接受公开审判,只要中共当局以政治立场或路线错误来惩处他,但坚拒贪污、和重大渎职等刑事定罪。

另一方面,中共能否对薄案进行公开审判?网民普遍提出质疑!

北京市民张雪娟在网上向当局提出五点疑问,其中包括薄熙来如何混进中共党内,进入高层进行篡党夺权?以及贪污受贿和乱搞两性关系等﹖她还要求当局公布确实证据,来证明薄熙来的罪行。

时事评论家横河向《新唐人》表示,按常规来说,薄熙来案在两会之前就应该审理。

时事评论家横河:“因为毕竟这件事情是胡、温统治下发生的事情,也应该在胡、温统治时期把它结案,把它拖到下一任领导人----不管把它当政绩也好,把它当包袱也好,都不是非常正常的。”

从中共“十八大”到“两会”之间的三个多月,中共当局一直没有审理薄熙来,横河认为是牵涉“投鼠忌器”的问题。

横河:“薄熙来实际上是在(政治)路线上面对中共造成了一个威胁,他以地方治理在思想路线上独自搞了一套,而形成了对中央的挑战,所以要随随便便的就此以一些贪腐罪把他定罪的话,就比较困难。第二个就是,中共的政策、中共的思想路线,中共的具体政策,中共整体的贪腐,所有这些都使得对薄熙来的审判,有投鼠忌器的问题----怎么打了他以后,不把中共自己打倒了!?”

横河指出,真正能够把薄熙来拿下去的罪名,影响中共合法性。因此不让中共跟着薄熙来一起倒下去,是中共当局审判薄熙来考量的重点!也是最困难的地方。

横河:“比如说,他在重庆打黑的时候侵犯人权,而且酷刑逼供,这些就容易把他打下去,但是,还有跟活摘器官有关的。像这种严重侵犯人权的行为,如果把它揭出来的话,也可以把他给打下去的。”

所以,横河说,薄熙来已有充分的罪名接受审判,但是,需要他在审判中配合中共当局!

横河:“为甚么呢?因为在中共的高层里面,没有不贪腐的,比他要贪腐得厉害的肯定还有,而且到了他这个层次以后,他们互相之间是知道的,所以并不是在于能不能给他定罪,而是在于:如果他不配合的话,他在法庭上说,你要是给我定这样罪的话,那么,比我严重的人多得多,他在法庭上把这些揭出来怎么办?这是当局必须要他配合的主要因素。”

还有评论人士认为,审判薄熙来是习近平“跨不过的火焰山”,是考验习近平的魄力,谋略,和智慧的观察点和试金石。因为,一来习近平处于“保党与反腐之两难”,二是“真,假打大老虎之两难”,三是兑现承诺(不允许任何人超越宪法)与处理特权之两难。

不仅全中国人民翘首以盼薄熙来被公开审判,同时,全球的目光也被他吸引。横河认为,三个月过去了,薄熙来案件已经无法再拖延,中共当局只能硬着头皮开审。

采访/常春 编辑/周平 后制/钟元


Bo Xilai Trial: Will the Regime Stop Kicking the Can?

Sun Zhengcai, incumbent Chongqing Party chief, recently
commented during a “Two Sessions” press conference.
The case of Bo Xilai has entered into legal proceedings,
and the investigation is now under way.
How will the trial of Chongqing’s
former Party chief Bo Xilai unfold?
The case is deemed as an insuperable barrier for Xi Jinping,
and a hot potato for the Chinese Communist Party(CCP).
Will Bo Xilai receive a public trial? It has
been widely questioned by netizens in China.

Hong Kong media revealed that jailed Bo Xilai
has refused to cooperate with investigation by
the Central Commission for Discipline Inspection.

Reportedly, Bo asked to negotiate
directly with a specific top CCP leader.
In a negotiation, a senior judicial officer told Bo that
he will get lenient treatment if he can cooperate with
the investigation. However, Bo refused to cooperate.

Bo said that he would be willing to accept a public trial
for the allegations of taking a wrong political stance.
Bo has firmly fought criminal charges of corruption,
and serious dereliction of duty, said the news report.

Will the CCP stage a public inquiry into the case of Bo Xilai?
This has been widely doubted among China’s netizens.

Beijing resident Zhang Xuejuan
raised five queries on the internet.
Two of them questioned, how did
Bo Xilai plan to seize power from the CCP?
How did Bo commit corruption and
what was his involvement in adultery?
Zhang asked the authorities to publicly
release the firm evidence of Bo’s guilt.

Critic Heng He commented that conventionally, the case
of Bo Xilai should have been tried before the Two Sessions.

Heng He: “These accusations were brought against
Bo Xilai during the tenure of Hu Jintao and Wen Jiabao.
So, it should have been closed
under the Hu-Wen administration.
It’s not quite normal to leave it to the new leaders,
as a work performance or as a historical burden.”

Bo Xilai did not face trial during the three-month interval
between the 18th CCP Congress and the Two Sessions.
Heng He interprets that this is due to CCP’s
fear that the trial may get the CCP into trouble.

Heng He: “Bo actually posed a threat to the
CCP central authorities, by making his own
local governance and ideological line.
So it’s not convincing to convict him of corruption.

Also, the trial of Bo will involve the CCP’s policies,
ideological line, and the Party’s overall corruption.
All these have made the case become of an
issue of concern for the stability of the Party.
That is, wouldn’t it lead to collapse of the
CCP itself, by striking against Bo Xilai?”

Heng He indicates the most convincing conviction of Bo’s
guilt will negatively impact on the CCP’s ruling legitimacy.
Thus the key focus that the CCP considers is how to
prevent the party from collapsing, alongside Bo’s end.
This is the hard nut to crack that the regime faces.

Heng He: “These include his [Bo’s] violations of human
rights during the anti-corruption campaign in Chongqing.
It also includes his crime of extracting
confession through use of torture.
This is evidence that can take him down very easily.

But his involvement in organ harvesting are
far more serious human rights violations.
The exposure of this can also convict Bo Xilai.”

Heng He says there is abundant proof of Bo’s guilt.

But what the CCP needs Bo to
do is to cooperate during the trial.

Heng He: “Why does it make such a demand? It
is because all of the CCP top officials are corrupt.
There must be officials with more severe corruption,
and as high-ranking, and who all know about it.
So the question is not that Bo cannot be convicted
but that he might not cooperate in the court.
He may question his convictions, in light of
other officials with more serious corruption.
So this is a major factor that the CCP
authorities want him to cooperate with.”

Some commentators say that the trial of Bo Xilai
is an insurmountable obstacle for Xi Jinping.
It is a touchstone that tests Xi’s
courage, stratagem, and wisdom.
They think that Xi is now caught in a dilemma;
of keeping CCP rule and fighting corruption;
of a real purging of high-ranking corrupt
officials, and of it not being just a show;
of fulfilling his promise that no one is above the Constitution,
and of dealing with corrupt high-raking officials.

Now the public trial of Bo Xilai is not only expected by the
Chinese people, but has also attracted international attention.
Heng He says now three months is over, the CCP
cannot kick the can down the road any further.
Thus, the authorities have to bite
the bullet and put the case on trial.