【新唐人2013年11月27日讯】湖南湘西民营企业家曾成杰，在今年7月12号被长沙中级法院以“非法集资”罪名秘密处死，当时震动整个中国社会。对此，中共最高人民法院11月25号在官方网站指出，曾成杰案社会危害极大，依法应当核准死刑。此举再次引起社会大众的关注与不满。
曾成杰是原湖南“三馆房地产开发集团有限公司”总裁，曾于2005年被评为第二届“中国企业改革十大杰出人物”。
2008年，被中共湖南当局以涉嫌集资诈骗、非法吸收公众存款、职务侵占等罪名拘留、逮捕。2010年一审判决，2011年二审判决，被湖南省高级法院认定犯下“非法集资”和“欺诈投资者”罪。
今年7月12号，曾成杰在代理律师未接收死刑复核裁定书，法院未通知家属、未安排刑前与家属会见的情况下，于长沙被执行死刑。
当局对一个民间集资的企业家处以极刑，引起社会强烈不满，法律、媒体等各界人士纷纷发声为曾成杰鸣冤。
中共最高人民法院25号在官方网站发布《最高人民法院刑二庭负责人就曾成杰案答记者问》。
答问指出，此案既严重破坏金融管理秩序，又给国家和人民利益造成特别重大损失。
“英国广播公司《BBC》”报导，中共当局对曾成杰非法集资案的处理引起许多争议。有人说曾成杰成了湖南地方政府的替罪羊。有人指责湖南地方官员介入企业纠纷，借司法权掠夺民间财富，说这是官员腐败的新发展。
中国维权律师 唐吉田：“所谓的反腐，如果公民有权直接能够制约他们，那么会有意义，如果只是他们内部洗牌，那就没啥意义，如果要真正取信于民，那就必须要客观公正，要透明。”
《南方周末》对“曾成杰之死”有系列报导，详细描述了始末。报导说，湘西是个穷地方，2003年当地政府要兴建群艺馆、图书馆、体育馆，但没有钱，曾成杰的公司中标，在政府的默许、支持、监督和协调下，向民间集资。
当2008年金融风暴来袭，地方政府突然变脸，民间集资一夜从“合法”变非法，曾成杰等近二十名民营企业家被捕，部分官员被免职。曾成杰被关押三个月后当地法院还没有立案，湘西政府就将他的公司价值23.8亿的资产以3.3亿元贱卖。曾成杰最后被处以死刑，妻子和大女儿也被投入监牢。
湖南湘西民营企业家曾成杰之女 曾珊：“这个案子主要是没有资产评估就结案了，没有资产评估，就不能说我父亲不能还债，如果能还债，那么他就是无罪的了，但是两审法院开庭，都没有提出这个东西。”
中国文化评论家 叶匡政：“对于民营企业的经营纠纷，应该是用民事诉讼或者破产的方式来处理，应该完全尊重公司法的诉讼程序，不应该进行拍卖。进行公开的清算，既使破产了，也不至于判死刑。”
中国文化评论家叶匡政在微博表示，曾成杰案就是新版的“打土豪”，过去“打土豪分田地”，老百姓还能得点好处，如今“打土豪”的收益，早被权贵们悄悄瓜分了。这也是急于悄悄处死曾成杰的原因。他们越这么做，越表明背后有不可告人的秘密。
叶匡政认为，如今一些地方官员通过介入企业纠纷，借“司法权力”掠夺民间财富，已成为一种悄悄流行起来的贪腐方式。
曾成杰非法集资案和之前的浙江吴英非法集资案一样，使中国民间集资的问题受到舆论关注。一些民营企业家说，吴英“涉嫌从事非法集资活动”反映出一个深层问题，也就是中国企业的融资渠道被金融利益集团垄断，正常的民间借贷一直遭到压制。
也有大陆律师向媒体表示，中共一些贪官本来应该被判死刑，结果被判无期徒刑。《刑法》对老百姓和对官员的适用是采用双重标准。
采访/朱智善 编辑/黄亿美 后制/孙宁
An Entrepreneur’s Death
Zeng Chengjie, a private entrepreneur from Xiangxi, Hunan,
was secretly executed for illegal fundraising.
The news shocked all of China.
On Nov. 25 the Supreme Court stated on its official website
that Zeng caused severe harm to society and deserved the death penalty.
This again caused public concern and dissatisfaction.
Zeng was the former president of Hunan Three Hall
Real Estate Development Group Co., Ltd.
He was named one of 10 outstanding Chinese enterprise
reform figures in 2005.
In 2008, Zeng was arrested on charges of alleged financial
fraud and other embezzlement charges.
The first and second verdict from Hunan Provincial High
Court, in 2010 and 2011 respectively, was illegal fundraising
and investor fraud.
In July 2013, Zeng was executed in Changsha.
The court did not notify Zeng’s lawyer and deprived him
of his last chance to meet with his family.
This extreme sentencing aroused strong dissatisfaction
from the public, law professionals, the media and other fields.
On Nov. 25, the Supreme People’s Court official website
announced they were holding a Q&A regarding Zeng’s case.
According to the Q&A, Zeng’s case not only
seriously undermined the financial management order,
but also caused severe losses for the nation and the people.
A BBC report said that there were many different opinions
among Chinese authorities regarding Zeng’s treatment.
Some said that Zeng was the local government’s scapegoat.
Others said that local officials get involved in corporate
disputes and plunder private wealth, pointing to a new
development of official corruption.
Mainland human rights lawyer Tang Jitian: “The so-called
anti-corruption would be meaningful only if people had
the rights to restrict officials.
If they only do internal reshuffling, it’s meaningless.
If they want real creditability, it must be objective,
impartial, and transparent."
Southern Weekend published a series of reports
regarding Zeng’s death.
Reports said that Xiangxi is a very poor place.
In 2003, the local government wanted to build art centers,
libraries and gymnasiums, but they had no money.
Zeng’s company won the bid.
With the government’s consent, support, supervision
and coordination, Zeng began fundraising with citizens.
When the financial crisis of 2008 struck, the local government
suddenly turned hostile.
Zeng’s private fundraising became illegal and over 20
entrepreneurs were arrested.
Some officials were removed.
After Zeng’s three month detention, the local government
sold his company worth 2.38 billion yuan for 330 million
before his case was even filed in court.
In the end, Zeng was executed and his wife and daughter
have been put in prison.
Zeng Shan, Zeng’s daughter: “The main thing about this case
is that an asset assessment was not conducted.
Without an asset assessment, they could not say that my father
was not capable of repaying the debt.
If he could pay the debt, he would not be guilty.
However, during the two court trial hearings,
no one mentioned it."
Chinese cultural critic Ye Kuangzheng: “Regarding operating
disputes among private enterprises, civil litigation
or bankruptcy should be applied and should fully respect
the Companies Act proceedings.
They should not hold a public auction for liquidation.
Even if you are bankrupt, you should not
be sentenced to death."
Ye Kuangzheng said on his blog that Zeng is the newest
version of anti-local tyrants.
In the past, they got rid of landlords and divided their land,
so people shared some advantages.
Now, all the advantages to be gained from anti-local tyrants
were quietly gobbled up by the officials.
That was why they were so anxious
to secretly execute Zeng.
The more the authorities do, the more they reveal
their hidden motives.
Ye Kuangzheng believes that today, plundering of private
wealth by local officials who are involved in business
disputes and use judicial power to their advantage has quietly
become a popular method of corruption.
Zeng’s case is very similar to that of Wu Ying from Zhejiang.
Fund-raising from common folk has become
the subject of public attention.
Some private entrepreneurs said that Wu Ying’s engaging
in alleged illegal fund-raising activities reflects a deeper
problem, which is that Chinese enterprises’ financing
channels are monopolized by financial interest groups.
Normal private lending has been suppressed.
Some Mainland lawyers told reporters that some corrupt
officials should be sentenced to death, but were instead
sentenced to life imprisonment.
This shows that there is a double standard in criminal law.
Interview/ZhuZhishan Edit/HuangYimei Post-Production/SunNing
