"The criteria for granting probation to corrupt
officials is rather vague," said Tian Hongjie, a professor at China University
of Political Science and Law. "It (probation) is mainly related to how much a
person confesses to the crime, returns the ill-gotten gains or provides useful
information," he said. "So this gives the judges a lot of freedom in
sentencing."
"As most defendants charged with corruption were
public servants in positions of power, it is likely they will use their powerful
connections to pressure judges. So, sometimes it's really hard for the judiciary
to apply the principle of equality of justice before the law," said Wang Yuefei,
vice-president of the Shijiazhuang Intermediate People's Court in North China's
Hebei Province.
The current system leaves plenty of room for this
kind of maneuvering, said Shao Daosheng, a researcher with the Department of
Sociology at the Chinese Academy of Social Sciences (CASS). "The greater
challenge for China lies in finding a deeper, structural cure. It's hard to
clean up corruption when the instruments you're relying on are themselves
flawed," he says.
"We must not let some corrupt officials off while
punishing others," wrote legal scholar Yan Lieshan in an article published in
China Economic Times. "It would appear that crooked officials who have the
connections and money to buy their way out get spared, while others who don't,
get punished. This will harm the public's trust in justice."
A veteran local prosecutor, Zheng Xinjian, says
prosecutors are deeply disappointed with the increase in lighter penalties and
in the cases where the convicted are exempt from punishment.
"Prosecutors around the country have made
anti-corruption a priority despite great risks and pressure. You must know that
almost every year prosecutors lose their lives or are injured," said Zheng
suggesting that some corrupt officials have paid others to kill or intimidate
prosecutors.
Media reports show that ordinary people are deeply
resentful of officials who spend public money on extravagant lifestyles and
abuse their power by helping those who bribe them.
An online survey conducted by Xinhuanet.com in 2005
asked people what really bugged them. Nearly a quarter of the 200,000
respondents said putting an end to corruption was their main concern.
While the public feels the anti-corruption campaign
is being hindered by excessive leniency, the government finds itself being
criticized abroad for being too tough.
With China accounting for more than 80 percent of the
world's death sentences, an international lobby has urged China to abolish
capital punishment for non-violent, white-collar economic crimes.
Sentencing embezzlers to death has also made it
difficult to seek the extradition of suspects who have fled the country. In
order to persuade Western countries to hand over the accused, China must pledge
not to execute them. As a result, the number of economic criminals who have
found safe havens abroad has risen sharply.
According to figures from the Ministry of Public Security, more than 500 people accused of embezzlement fled the country in 2005 alone.