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Original caption: First instance verdict in Zhang Jiahui case: 18 lawyers offered bribes and vice president of the Two Lawyers Association was removed from office
Beijing News (reporter Liu Ruiming) On December 11, Hainan’s official political and legal WeChat account issued the “Joint Investigation Team to Report Problems Related to the Zhang Jiahui Case,” which mentioned that regarding the Zhang Jiahui case , exposed problems in the lawyer industry, the judicial administration Organize and carry out special education and rectification activities for the province’s lawyers to strengthen the management of the lawyer industry and party building.
According to the lower court ruling in the Zhang Jiahui case, a total of 18 lawyers directly or indirectly bribed Zhang Jiahui for more than 20 million yuan. Among the 18 lawyers, Tu Xianya and Wu Zhen, vice presidents of the Hainan Bar Association, are among others.
On the 11th, Wang Jing, honorary president of the Hainan Bar Association, told the Beijing News reporter that after discussions with the Bar Association this year, “Due to the case of Zhang Jiahui, Tu Xianya and Wu Zhen they no longer serve as vice presidents of the Hainan Bar Association. ” Wu Jun, vice president of the Bar Association, said that Tu Xianya and Wu Zhen have been removed from their positions as vice presidents.
A reporter for Beijing News searched the official website of the Hainan Bar Association and found that the names of Tu Xianya and Wu Zhen were no longer on the list of vice presidents.
Zhang Jiahui Data Map18 lawyers bribed more than 20 million yuan
The verdict mentioned that since 2006, Zhang Jiahui took advantage of her position to seek benefits for the case manager by greeting the relevant judges, etc., directly or through her husband Liu Yuansheng and nephew Liu Lei (all handled in separate cases) to illegally accepting the property of 37 people, including Zhang Fu. A total of 43.75 million yuan.
The Beijing News reporter noted that of the 37 people who directly or indirectly bribed Zhang Jiahui, 18 were lawyers. They directly or indirectly bribed Zhang Jiahui with more than 20 million yuan. Among them, Zhang Fu, an anonymous partner of Hainan Tanghai law firm, paid bribes The largest, successively paid 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 in the case of a contract dispute of a construction company in Hainan, a case of private loan dispute and a case of transfer dispute. capital represented by your law firm.
After accepting the bribes, Zhang Jiahui took advantage of his position to inform the relevant contractors Liu Yangui (former Deputy Chief of the Hainan Provincial High Court Environmental Resources Court), Qu Yongsheng (currently head of the Environmental Resources Trial Chamber of the Hainan High Court) and Wu Suqiong (previously He served as head of the Second Civil Trial Chamber of Hainan Provincial High Court), Zhang Qiao and Xu Zhengwei greeted him and asked the requesting party for attention.
In addition, Zhang Jiahui’s nephew, Liu Lei, has received facilitation fees from Zhang Fu himself or through his lawyer on ten occasions.
The bribery sites were coffee shops, near the Liu Lei residential area, Liu Lei’s office and the edge of the road of the Provincial Court. The administrator is requested to pay the benefit fee to Liu Lei or Zhang Jiahui by “800,000 yuan in a cardboard box”, “600,000 yuan in cash in a paper bag”, “200,000 yuan in cash in a black paper bag , which is said to be a native product. “
The ruling also revealed that in 2018, Zhang Jiahui accepted Zhang Fu’s request to provide assistance in a capital transfer dispute. Zhang Jiahui’s nephew Liu Lei raised 2.5 million yuan three times. After accepting the request, Zhang greeted Xu Zhengwei, judge of the Hainan Province High Court, who also received a black suitcase with 1 million yuan from Liu Lei.
According to the Hainan Provincial High Court release on July 16, Xu Zhengwei is on the Hainan Provincial High Court judge list.
Zhang Jiahui has questioned more than 30 cases
Under the bribery of the lawyer, Zhang Jiahui greeted the relevant judges handling the case and successively interviewed more than 30 cases, finally the case represented by the bribery lawyer was heard.
Zhang Jiahui’s trial in the first instance showed that Tu Xianya, director of the Hainanyuan law firm, paid 2.45 million yuan in bribes to Zhang Jiahui.
From 2016 to 2018, Tu Xianya asked Zhang Jiahui to assist him in executing objections and lawsuits from shareholders of a Shanghai landscaping company that he represented. Zhang Jiahui greeted Wang Zhongxue, the person in charge of the entrepreneurship department, and asked to support the company and shareholders. After that, Zhang Jiahui accepted Tu Xianya’s 300,000 and 200,000 yuan in cash twice at a hotel on Binhai Avenue in Haikou.
In 2018, Zhang Jiahui assisted a Hainan horticultural company represented by Tu Xianya in a request for reversal of an arbitration award, a Haikou branch enforcement case of a bank, and a cooperative development contract dispute of a commercial enterprise of Hainan. Zhang Jiahui greeted Zhao Yinghua, the head of the commercial department, Cao Xuhai, and Qian Zhiyong, the contract officials, and received Tu Xianya 50,000, 200,000 and 300,000 at a Haikou cafe three times.
Also, to receive Zhang Jiahui’s attention for the cases represented by his law firm, during the Spring Festival every year from 2013 to 2019, Tu Xianya went to Zhang Jiahui’s home to give Zhang 200,000 yuan, seven times a total of 1.4 million yuan. Public information shows that Tu Xianya is the vice president and director of the Rights Protection Committee of the Hainan Bar Association.
The vice president of the Association of Two Lawyers has been dismissed
Among the 18 lawyers who paid bribes were the vice president of the Hainan Bar Association and the Hainan Provincial Committee of the Chinese People’s Political Consultative Conference.
The ruling mentioned that Zhao Jianping, director of the Hainan Chuanhai law firm, indirectly bribed Zhang Jiahui 200,000 yuan for the case he represented; Chen Hongjuan, director of the Hainan Jinyu law firm, indirectly bribed Zhang Jiahui 200,000 yuan.
Public information shows that in 2019, Zhao Jianping was a member of the Hainan Provincial Committee of the Chinese People’s Political Consultative Conference, and was vice president and director of the Hainan Provincial Lawyers Association; Chen Hongjuan was a member of the Hainan Provincial Committee of the Chinese People’s Political Consultative Conference.
In the first half of 2018, Wu Zhen, director of the Hainan Dahuayuan law firm, received help in a case that indirectly represented and bribed Zhang Jiahui 500,000 yuan through Liu Yuansheng. Public information shows that since January 2019, Wu Zhen has served as vice president of the Hainan Bar Association. He has successively earned the title of Excellent Lawyer in Hainan Province and the title of Honest Personal Lawyer in Hainan Province.
The verdict mentioned that Zhang Jie, deputy director of the Hainan Tianhao Law Firm, indirectly bribed Zhang Jiahui 1.4 million yuan. Public information shows that Zhang Jie is deputy director of the Civil and Commercial Committee of the Hainan Bar Association and an arbitrator of the Hainan Arbitration Commission.
On December 11, Wang Jing, honorary president of the Hainan Bar Association, told Beijing News that after this year’s discussions, the Bar Association said that “due to the case of Zhang Jiahui, Tu Xianya and Wu Zhen no longer serve as vice presidents of the Hainan Bar Association. ” Wu Jun, vice president of the Hainan Bar Association, also mentioned that “Tu Xianya and Wu Zhen have been removed from their positions as vice presidents.”
On the afternoon of the 11th, a reporter for the Beijing News found on the official website of the Hainan Bar Association that the names of Tu Xianya and Wu Zhen were no longer on the list of vice presidents.
The Beijing News previously reported that on December 4, Zhang Jiahui, the former vice president of the Hainan High People’s Court, publicly pronounced the first instance of bribery, administrative ruling and fraud. The verdict showed that Zhang Jiahui was sentenced to 18 years in prison for bribery, administrative ruling and fraud, and a fine of RMB 4 million.
What legal consequences will an attorney have for bribery?
On December 11, Hainan’s official political and legal WeChat account issued the “Joint Investigation Team to Announce Relevant Issues in the Zhang Jiahui Case.”
He mentioned that regarding the problems of the lawyer industry exposed in the Zhang Jiahui case, the judicial administrative agency will organize special education and rectification activities for lawyers in the province to comprehensively strengthen the management of the lawyer industry and the party building.
On December 9, the website of the State Supervisory Commission of the Central Commission for Disciplinary Inspection published an interpretive article on the bribery of 18 lawyers in the Zhang Jiahui 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 “no bribery of judges, prosecutors, arbitrators and other relevant personnel, introduction of bribery or instigation or inducing of the parties to bribes “.
Cai Yuanpei, Assistant Professor at the Faculty of Criminal Justice at the China University of Political Science and Law, introduced in the previous article: “Bribery of lawyers is a serious illegal act. Our country has established a set of prevention and punishment of criminal law, the law of lawyers and the codes of practice of lawyers “. Bribery of attorneys will be subject to law. Severe investigation of laws and regulations, ranging from cessation of practice and revocation of your attorney’s practice certificate, to serious crimes, requires criminal liability in accordance with the law.
Additionally, depending on the specific circumstances of the case, suspected bribery attorneys may also be involved in perjury and false litigation offenses.
In Cai Yuanpei’s view, with the establishment and improvement of the relevant systems and standards, it will further restrict the prevention of bribery of lawyers. Cai Yuanpei said that while the independent right to trial of judges is safeguarded, supervision of the quality of cases is strengthened, corruption, bribery is prevented and the law is enacted, it can also prevent lawyers from bribing up to certain point.
