罪与非罪:“罗文干案”的审断与案情原委

Crime and Non-Crime: The Judgement and Details of the “Luo Wengan Case”

罗文干案是国会查办并由公诉人提起刑事诉讼的大案。由于复杂的政治、法律及外交原因,法庭对被告做出无罪判决。然而,受贿指控虽因未能坐实而免予起诉,但只是基于"疑罪从无"做出的司法处置,被告的受贿嫌疑并未排除。就公诉机关的两项犯罪指控而言,"伪造公文书"有众多当事人证实,应属不诬。奥款合同明显包含外国银行团对中国实施的合同欺诈,奥方并未依照合同规定为中国建造军舰,中国驻奥公使的调查已证实奥方并无损失。被告明知如此却执意签署展期合同,使国家在新旧合同转换中蒙受多达数千万元的损失,其因渎职而损害国家利益之事实俱在,无可逃免。罗案处置暴露民初在标榜"司法独立"时进行"独立司法"存在的诸多问题,为追求法制现代化的国人提供了重要的历史镜鉴。

The 'Luo Wengan Case'was a major case filed by a public prosecutor and investigated by Parliament. Due to complicated political,legal,and diplomatic factors,the court declared the defendants not guilty. However,though the bribery charges were exempted from prosecution due to a lack of proof,this was only done based on the rule of in dubio pro reo,and suspicions of the defendant's bribery were not eliminated. As to the two criminal charges the public prosecutor filed,many people involved confirmed the 'forgery of public documents'charge,so it must have been true. The contract with Austria obviously included contract fraud undertaken by foreign banking consortiums to cheat China. Austria did not build military ships for China as the terms of the contract required,and an investigation by the Chinese ambassador in Austria confirmed that Austria did not suffer any loss. Though the defendant knew this,he insisted on signing the extension contract,causing China to suffer a loss of tens of millions of yuan. It is an unavoidable fact that his misconduct harmed the national interest. The handling of the Luo Wengan case exposed the many problems with practicing 'independent justice'while professing 'judicial independence,'and provides important historical references for Chinese people who are still pursuing modernization of the legal system.