Zheng Xiaoyu, former head of the State Food and Drug
Administration, was found guilty of taking bribes and dereliction
of duty. More than 6.49 million yuan (US$811,200) of dirty money
bought him the death sentence, lifelong deprivation of political
rights, and confiscation of personal assets.
Zheng has decided to appeal. Even if the original ruling is
upheld by the local High Court, the court of appeal, the death
sentence will not be final until the Supreme People's Court
approves it.
There are good and just reasons for either upholding the death
sentence or granting a reprieve.
In the Criminal Law, taking bribes worth more than 100,000
(US$12,500) merits a death sentence provided "the circumstances are
especially serious".
Zheng took 6.49 million yuan. And the circumstances could hardly
be more serious.
He asked for and accepted bribes to have unqualified
pharmaceutical factories licensed. Over the years, the factories
were directly responsible for the repeated scandals of inferior or
fake drugs .
Zheng was a ministerial level official. Few at that level have
been executed for corruption.
Although 100,000 yuan is the theoretical threshold for capital
punishment for taking bribes, many corrupt officials have received
much lighter sentences. The reason is simple - 100,000 yuan is
negligible compared with the multi-millions taken by today's
corrupt officials.
A considerable proportion of our officials might deserve to die
if the 100,000-yuan line is strictly observed.
The lower court's verdict was based overwhelmingly on the
devastating consequences of Zheng's crimes in his position of
power.
The death sentence is justifiable in that sense. But such
emphasis is rare in the prosecution of corrupt officials.
There is the general belief that a public official can be
assured of leniency in court. The country may need Zheng's
execution to be convinced of the leadership's resolve to end
corruption at high levels.
But whether or not Zheng will have to pay with his life should
be a matter of judicial deliberation.
Instead of wanting Zheng to die as a warning to others in high
positions, we care more about the ultimate judgment serving as a
fine judicial precedent.
(China Daily June 1, 2007)