Bo Xilai Trial, Scripted and Unscripted

Bo Xilai Trial, Scripted and Unscripted
United Daily News editorial (Taipei, Taiwan, Republic of China)
A Translation
August 22, 2013

Summary: Bo Xilai, a shining hero who fought corruption, has ended up in prison as the result of a policy of fighting corruption. The case has exposed high CCP official duplicity. The case has exposed the soft underbelly of modernization on Mainland China. Many on Taiwan may scoff at the Bo Xilai trial. But have we recovered the money that the Chen family embezzled from us? What progress is being made on that front?  What is there for us to be so proud about?

Full text below:

Seventeen months after being removed from office, Bo Xilai is being tried by the Jinan Intermediate People's Court. He faces charges of corruption, bribery, and three counts of abuse of power. The judges have already established the framework by which he will be tried. They have already written the script. The trial is unlikely to present any surprises. More interesting is how the public, which has not read the script, will react to Bo Xilai's trial. Will a stray spark set off a powderkeg?

This could be the greatest threat to former Politburo member and Chongqing party secretary Xi Jinping's succession., Inside and outside the Communist Party, opinion regarding Bo Xilai's crimes remains polarized. There appears to be clear evidence of his corruption and abuse of power. His wife Gu Kailai has already been conviced of murder. Yet many on the Mainland still see him as a hero who "waved the red flag in order to expose corruption." They consider him a victim of an upper echelon political power struggle. That is why the case is being tried in public. The government hopes to weaken the political and social influence of Bo supporters. That is why the Mainland authorities are crossing every t and dotting every i.

Over the past 17 months, Bo Xilai has been removed from office, detained, interrogated, arrested, and prosecuted. The Chinese Communist Party Central Committee has been proceeding carefully, by the book. This is "criminal justice with Chinese characteristics." First establish the goal and the framework. Exclude all unwanted outcomes. Establish the offenses and charges. Then conduct a public hearing. The trial will take place in Jinan, Shandong, rather than Chongqing or Dalian, where Bo Xilai was originally charged. On the surface the change of venue ensures an objective and neutral investigation. In fact the motive is to avoid interference from Bo faction members and supporters. All these factors were carefully considered.

The trial was custom tailored to fit Bo Xilai. The CCP Central Committee made many arrangements to that end. They include the following. One. Once Xi Jinping came to power, he vigorously "fought corruption." The people of Chongqing praised Bo Xilai's "fight against corruption." Xi hitched a ride on this sentiment. At the same time, Xi used the fight against corruption to lash out against Bo. Two. Earlier this month, Xi Jinping ordered an investigation of Bo ally and former Politics and Law Committee member Zhou Yongkang. Zhou is accused of accumulating wealth by unfair means. Also under investigation is Bo party comrade and Central Military Commission Vice Chairman Xu Caihou. He is accused of "violating party discipline." These are preliminary moves to purge Bo allies. Three. Bo is accused of taking bribes worth over than 20 million RMB, and of embezzling over five million in public monies. Actually this is nowhere near what the Bo family has accumulated through corruption. This is to avoid Bo Xilai being sentenced to death, and to deprive him of any possibility of a political comeback.

The Chinese Communist Party allegedly has an unwritten law. Once one has become a member of the inner circle, one may not be subject to the death penalty. Politburo members who have served as senior cadres, may not be sentenced to death. Those familiar with the claim have speculated about this unwritten law. Bo Xilai will be subject to long imprisonment. At most he may be spared the death penalty. This is the most the party can do to resolved any disagreements over punishment.

In fact, a full year ago, on August 20 last year, Gu Kailai's death sentence for the murder of British businessman Neil Haywood was lifted. That day Gu Kailai praised the court's verdict as an "impartial judgment." Gu said the judgment of the court reflected extraordinary respect for reality and for life. Gu said these are profoundly Chinese traits. Bo Xilai has long been ambitious and domineering. How will he comport himself during his trial? Will he remain low-keyed, confessional, and resigned to his fate?

This is a critical period. Ths judicial drama has a pre-written script. Yet it remains hard to rule out unwelcome surprises. This is why the CCP has rejected calls that the trial be broadcast live, in its entirety. Instead, the transcript will be broadcast live and direct. This is also a "Chinese characteristics" style invention. Apparently the only way to ensure that Bo Xilai "behaves himself" at the trial, is to ensure that his son Bo Guagua remains in the United States and continues to enjoy security, wealth, and freedom. This will be traded for Bo's acquiescence to the administration of justice.

The CCP has been writing the script for Bo's live broadcast trial for the past ten months. Will today present any surprises? That depends upon Bo's willpower and mindset. Bo engaged in corruption and abuse of power. He trampled over the system. That is no longer in doubt. But will he attempt to exploit the last vestiges of his prestige in court? Will he become an embarrassment to the Mainland authorities? That remains to be seen.

This is ironic. A shining hero who fought corruption, has ended up in prison as the result of a policy of fighting corruption. The case has exposed high CCP official duplicity. Also ironic is how the Mainland has become the world's factory, yet  is uses such a highly politicized, Rube Goldberg system of justice. The case has exposed the soft underbelly of modernization on Mainland China. Many on Taiwan may scoff at the Bo Xilai trial. But have we recovered the money that the Chen family embezzled from us? What progress is being made on that front?  What is there for us to be so proud about?
 
薄熙來開審：劇本內與劇本外的觀察
【聯合報╱社論】
2013.08.22 03:47 am

遭免職後十七個月，薄熙來今天將在濟南中級法院，公開面對貪汙、收賄、濫用職權等三項罪名的審判。根據已經畫得條條框框的官方劇本中，這次的審理，似乎不可能有什麼意外的結局；比較值得觀察的，則是劇本外的群眾反應和薄熙來的聆審態度，會不會有擦槍走火演出。

作為前政治局委員和前重慶市委書記，乃至是習近平接班的最大威脅，薄熙來所犯下的罪行，不論在中共黨內或黨外，一直有頗為兩極的爭議。儘管他貪腐、濫權的事證明確，包括其妻谷開來的謀殺案件也已定罪，中國大陸仍有不少民眾視他為「唱紅打黑」的英雄，認為他是高層政治鬥爭的犧牲品。也因此，如何將此案藉由公開審判，消除政治上和社會上的「擁薄」勢力，是中共當局處心積慮步步為營的事。

十七個月來，薄熙來從免職、雙規、被捕、起訴到開庭審訊，全是依著中共黨中央的審慎計算慢慢推進。這是「中國特色」的司法：先確立目標框架，排除各種可能的後遺症，然後設定罪行及罪名，再進行公開審訊。包括開庭地點選在山東濟南，而不是薄熙來被控犯罪地點的大連或重慶，表面的說法是「異地受審」可確保調查的客觀中立，實際也是為了避免其人馬和徒眾的干擾，都經過仔細考量。

觀察這場為薄熙來「量身打造」的大審，中共中央進行了不少周邊部署工作，諸如：其一，習近平上台後雷厲推動「打貪」，一方面承接了薄熙來受重慶人民誇讚的「打黑」，一方面又可藉反貪之名反過來「打薄」。其二，習近平本月初下令，立案調查與薄熙來交好的前政法委周永康的斂財案，包括另一朋黨中央軍委副主席徐才厚遭「雙規」，都是清理「薄黨」的預備行動。其三，指控薄熙來收賄兩千多萬元人民幣，貪汙五百多萬公帑，其實遠低於薄家貪腐所得；其目的，是要避免薄熙來在司法上被判處死刑，但又要剝奪他在政治上東山再起的一切可能。

據稱，中共黨內有一條「入局不死」的默契，凡是擔任過政治局委員的高幹，不會被判處死刑。熟知內情人士猜測，在這樣的「默契」下，薄熙來可能被判較長的有期徒刑，最多也只是「死緩」，這是最能擺平黨內不同意見的處分。

事實上，整整一年之前，也就是去年的八月廿日，谷開來因謀殺英商海伍德被判處「死緩」。當天，谷開來當庭稱揚法庭「判決公正」，說判決體現了法院對法律、對現實、對生命的「特別尊重」；這些，都深具中國特色。讓人好奇的是，一向野心勃勃、霸氣外露的薄熙來，面對這次審訊，真的會在庭上表現出溫馴、認罪、聽命安排的姿態嗎？

這關鍵的一段，就是這場司法大戲在預先寫好的劇本中，難以保證完全照本宣科的最大懸念。正因為如此，中共否決了外界呼籲這場審訊「全程轉播」的要求，改為用「文字直播」——這也是「具有中國特色」的發明。從形勢判斷，唯一能確保薄熙來在審判中「就範」的力量，就是以其子薄瓜瓜在美繼續享有現有的安全、財富和自由，來交換他對司法的臣服。

無論如何，中共這一套寫了十幾個月的「審薄」大戲腳本，今天會不會有什麼驚奇的演出，端視薄熙來的意志和心理狀態而定。他的貪瀆濫權、踐踏體制，已經是無庸置疑；但他會不會利用自己的民粹餘威，在法庭上作最後一搏，當庭給中共當局一個難堪，仍有待觀察。

諷刺的是，一個光鮮的「打黑」英雄，最後變成了「打貪」政策的階下囚，這暴露的是中共高官權力的表裡不一。同樣諷刺的是，已成為世界工廠的中國大陸，竟要用如此曲折繁複的政治手段來布置這場司法審判，這暴露的則是中國大陸現代化的軟肋。話說回來，從台灣看薄案的審理，很多人可能會嗤之以鼻；但我們把扁家貪瀆案辦到錢也沒討回、人又趴趴走的地步，又有什麼驕傲可言？