Beijing News (reporter Liu Ruiming) On December 11, the Hainan Political and Legal WeChat public account released the "Joint Investigation Team Reports on Issues Related to the Zhangjiahui Case", which mentioned that with regard to the problems exposed by the Zhangjiahui case in the legal profession, the judicial administrative organs will organize special education and rectification activities for the lawyers' contingent in the province and strengthen the management of the legal profession and the work of party building.
According to the first-instance judgment in the ZhangJiahui case, a total of 18 lawyers have directly or indirectly paid bribes of more than 20 million yuan to Zhang Jiahui. Among the 18 lawyers are Tu Xianya, vice president of the Hainan Lawyers Association, Wu Zhen and others.
On the 11th, Wang Jing, honorary president of the Hainan Provincial Lawyers Association, told the Beijing News that after discussions by the Lawyers Association this year, "because of the Zhang Jiahui case, Tu Xianya and Wu Zhen no longer serve as vice presidents of the Hainan Provincial Lawyers Association." Wu Jun, vice president of the Hainan Provincial Lawyers Association, said that Tu Xianya and Wu Zhen have been dismissed from their posts as vice presidents.
A beijing news reporter searched the official website of the Hainan Provincial Lawyers Association and found that the names of Tu Xianya and Wu Zhen were no longer in the list of vice presidents.
Zhang Jiahui data map
18 lawyers paid bribes of more than 20 million yuan
The judgment mentions that since 2006, Zhang Jiahui has taken advantage of her position to seek benefits for the trustees of the case by greeting relevant judges, and illegally accepted property totaling 43.75 million yuan from Zhang Fu and 37 other people, either directly or through her husband Liu Yuansheng and nephew Liu Lei (all handled separately).
The Beijing News reporter noted that of the 37 people who directly or indirectly paid bribes to Zhang Jiahui, 18 were lawyers, and they directly or indirectly paid bribes to Zhang Jiahui of more than 20 million yuan; among them, Zhang Fu, a revenant partner of Hainan Tanghai Law Firm, paid the largest amount of bribes, and he paid bribes of 6.15 million yuan to Zhang Jiahui through Liu Lei.
From 2017 to 2018, Zhang Fu, through Liu Lei, asked Zhang Jiahui to provide assistance to his law firm in a contract dispute case involving a construction company in Hainan, a private lending dispute, and an equity transfer dispute.
After accepting bribes, Zhang Jiahui took advantage of his position to greet the relevant judges Liu Yangui (who was the vice president of the Environmental Resources Trial Division of the Hainan Provincial Higher People's Court), Qu Yongsheng (currently the president of the Environmental Resources Trial Division of the Hainan Provincial Higher People's Court), Wu Suqiong (who was the president of the Second Civil Trial Division of the Hainan Provincial Higher People's Court), Zhang Zheng, and Xu Zhengwei, and asked for care of the relevant trustees.
In addition, Zhang Jiahui's nephew Liu Lei has accepted benefit fees from Zhang Fu himself or through his lawyer on behalf of Zhang Fu on 10 occasions.
The places where he paid bribes were coffee shops, near Liu Lei's residential area, Liu Lei's office, and the roadside of the provincial high court. Ask the trustee to hand over the benefit fee to Liu Lei or Zhang Jiahui through "800,000 yuan into the carton", "600,000 yuan in cash into the paper bag", "200,000 yuan in cash into the black paper bag, saying that it is a local specialty", etc.
The judgment also disclosed that in 2018, Zhang Jiahui accepted Zhang Fu's request to help in an equity transfer dispute. Zhang Jiahui's nephew Liu Lei received a total of 2.5 million yuan three times. After accepting the request, Zhang greeted Xu Zhengwei, a judge of the Hainan Provincial High Court, who also received a black suitcase containing 1 million yuan from Liu Lei.
According to a release by the Hainan Provincial High Court on July 16, Xu Zhengwei was included in the list of judges in the Hainan Provincial High Court.
Zhang Jiahui has investigated more than 30 cases
Under the bribery of the lawyer, Zhang Jiahui greeted the relevant judges handling the case, and successively asked more than 30 cases, and finally the case represented by the bribery lawyer was taken care of.
According to the first-instance judgment in the ZhangJiahui case, Tu Xianya, director of Hainan Fangyuan Law Firm, paid a bribe of 2.45 million yuan to Zhang Jiahui.
From 2016 to 2018, Tu Xianya asked Zhang Jiahui to help a Shanghai landscape company that he represented in executing a different proposal and a shareholder lawsuit against the company. Zhang Jiahui greeted Wang Zhongxue, the head of the undertaking department, and asked for support for the company and its shareholders. Subsequently, Zhang Jiahui twice accepted bribes of 300,000 yuan and 200,000 yuan in cash from Tu Xianya at a hotel on Haikou Binhai Avenue.
In 2018, Zhang Jiahui also helped a Hainan horticultural company represented by Tu Xianya in applying for the revocation of an arbitral award, a bank in the Haikou branch enforcement case, and a Hainan trading company cooperative development contract dispute case. Zhang Jiahui greeted Zhao Yinghua, head of the business department, Cao Xuhai, and Qian Zhiyong, and accepted Tu Xianya's 50,000, 200,000, and 300,000 yuan three times at a café in Haikou.
In addition, in order to get Zhang Jiahui's attention for the cases he represented in the law firm, during the Spring Festival from 2013 to 2019, Tu Xianya also went to Zhang Jiahui's home to give Zhang 200,000 yuan, a total of 1.4 million yuan seven times. According to public information, Tu Xianya is the vice president of the Hainan Lawyers Association and the director of the Rights Protection Committee.
The Vice-President of the Association has been dismissed
Among the 18 bribe-paying lawyers were vice presidents of the Hainan Lawyers Association and members of the Hainan Provincial Committee of the Chinese People's Political Consultative Conference.
The judgment mentions that Zhao Jianping, director of Hainan Chuanhai Law Firm, indirectly paid a bribe of 200,000 yuan to Zhang Jiahui in the case he represented, and Chen Hongjuan, director of Hainan Jinyu Law Firm, indirectly paid a bribe of 200,000 yuan to Zhang Jiahui.
According to public information, in 2019, Zhao Jianping was a member of the Hainan Provincial Committee of the Chinese People's Political Consultative Conference, and was once the vice president and director of the Hainan Lawyers Association; Chen Hongjuan was once a member of the Hainan Provincial Committee of the Chinese People's Political Consultative Conference.
Wu Zhen, director of Hainan Dahuayuan Law Firm, was helped in a case he represented in the first half of 2018 by indirectly paying Zhang Jiahui a bribe of 500,000 yuan through Liu Yuansheng. According to public information, since January 2019, Wu Zhen has served as the vice president of the Hainan Lawyers Association. He has successively won the title of Outstanding Lawyer of Hainan Province and the title of Provincial Integrity Lawyer.
The judgment mentions that Zhang Jie, deputy director of Hainan Tianhao Law Firm, indirectly paid a bribe of 1.4 million yuan to Zhang Jiahui. According to public information, Zhang Jie is the deputy director of the Civil and Commercial Committee of the Hainan Lawyers Association and an arbitrator of the Hainan Arbitration Commission.
On December 11, Wang Jing, honorary president of the Hainan Provincial Lawyers Association, told the Beijing News that after discussions by the Lawyers Association this year, "because of the Zhang Jiahui case, Tu Xianya and Wu Zhen no longer serve as vice presidents of the Hainan Provincial Lawyers Association." Wu Jun, vice president of the Hainan Provincial Lawyers Association, also mentioned, "Tu Xianya and Wu Zhen have been dismissed from their posts as vice presidents. ”
On the afternoon of the 11th, the Beijing News reporter saw on the official website of the Hainan Provincial Lawyers Association that the names of Tu Xianya and Wu Zhen were no longer in the list of vice presidents.
The Beijing News previously reported that on December 4, Zhang Jiahui, former vice president of the Hainan Provincial High People's Court, publicly pronounced a verdict in the first instance of bribery, administrative perversion of the law, and fraud. According to the verdict, Zhang Jiahui was sentenced to 18 years in prison and fined 4 million yuan for accepting bribes, administrative bending of justice, and fraud.
What are the legal consequences for lawyers to pay bribes
On December 11, the Hainan Political and Legal Affairs WeChat public account released "Joint Investigation Team Reports On Issues Related to Zhang Jiahui's Case."
It mentioned that with regard to the problems in the legal profession exposed by the Zhang Jiahui case, the judicial administrative organs will organize and carry out special education and rectification activities for the lawyers' contingent throughout the province, and comprehensively strengthen the management of the legal profession and the work of party building.
On December 9, the website of the Central Commission for Discipline Inspection and the State Supervision Commission published an interpretation of "What are the legal consequences of lawyers' bribery" on the bribery of 18 lawyers in Zhang Jiahui's case.
The Lawyers Law of the People's Republic of China stipulates that lawyers must not engage in eight types of conduct in their professional activities, including "bribing judges, procurators, arbitrators and other relevant staff, introducing bribes, or instigating or inducing parties to pay bribes".
Cai Yuanpei, assistant professor at the School of Criminal Justice of China University of Political Science and Law, introduced in the above article, "Bribery by lawyers is a serious illegal act, and China has established a complete set of prevention and punishment mechanisms from the criminal law, lawyer law, and lawyer practice code of conduct. "Lawyers who pay bribes will be seriously investigated by laws and regulations, ranging from suspension of practice and revocation of their lawyers' practice certificates, or more serious cases constituting crimes and requiring criminal liability in accordance with law."
In addition, depending on the specific circumstances of the case, the lawyer's suspected bribery may also involve the crime of perjury, false litigation and other crimes.
In Cai Yuanpei's view, with the establishment and improvement of relevant systems and norms, it will play a further restrictive role in preventing lawyers from paying bribes. Cai Yuanpei said that while ensuring the independent adjudication power of adjudicators, it is necessary to strengthen the supervision of the quality of cases, prevent the occurrence of corruption and bribery, and pervert the law, and also prevent the intention of lawyers to pay bribes to a certain extent.
Edited by Zuo Yanyan
Proofread by Li Shihui